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Terms and Conditions

TERMS OF SERVICE

GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT


1 Scope


1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and all other services and deliveries provided by the hotel for the customer in this context (hotel accommodation contract). The term "hotel accommodation contract" includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room contract.


1.2 Subletting or subletting of the rooms provided and their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby § 540 paragraph 1 sentence 2 BGB is waived if the customer is not a consumer.


1.3 General terms and conditions of the customer only apply if this has been expressly agreed beforehand.


2 Conclusion of contract, partners, statute of limitations


2.1 The contractual partners are the hotel and the customer. The contract is formed when the hotel accepts the customer's application. The hotel is free to confirm the room booking in text form.


2.2 All claims against the hotel expire one year after the start of the statutory limitation period. Claims for damages become statute-barred after five years, regardless of knowledge, insofar as they are not based on injury to life, limb, health or freedom. These claims for damages become statute-barred in ten years, regardless of knowledge. The shortening of the limitation period does not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.


3 Services, prices, payment, offsetting


3.1 The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.


3.2 The customer is obliged to pay the agreed or applicable prices of the hotel for rooms provided and for other services used. This also applies to services commissioned by the customer directly or through the hotel, which are provided by third parties and paid for by the hotel.


3.3 The agreed prices include the taxes and local duties applicable at the time the contract is concluded. Not included are local taxes, which are owed by the guest himself according to the respective municipal law, such as visitor's tax.


In the event of a change in the statutory sales tax or the introduction, change or abolition of local taxes on the service object after the conclusion of the contract, the prices will be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between the conclusion of the contract and the fulfillment of the contract exceeds four months.


3.4 The hotel can make its consent to a subsequent reduction in the number of booked rooms, the hotel's service or the length of stay of the customer, if requested by the customer, dependent on the price for the rooms and/or for the other services of the hotel increasing.


3.5 Hotel invoices without a due date are payable within ten days of receipt of the invoice without deduction. The hotel can demand the immediate payment of due claims from the customer at any time. In the event of default of payment, the hotel is entitled to demand the applicable statutory default interest of currently 8 percentage points or, in the case of legal transactions in which a consumer is involved, of 5 percentage points above the base rate. The hotel reserves the right to prove higher damage.


3.6 The hotel is entitled to demand a reasonable advance payment or security, for example in the form of a credit card guarantee, from the customer upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in writing in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected.


3.7 In justified cases, e.g. the customer is in arrears with payment or the scope of the contract is extended, the hotel is entitled to demand an advance payment or security deposit within the meaning of Section 3.6 above or an increase in the advance payment or security deposit agreed in the contract up to the full amount, even after the conclusion of the contract up to the start of the stay to demand the agreed remuneration.


3.8 The hotel is also entitled to demand a reasonable advance payment or security deposit within the meaning of Section 3.6 above for existing and future claims arising from the contract at the beginning and during the stay, insofar as such has not already been provided in accordance with Section 3.6 and/or Section 3.7 above was done.


3.9 The customer can only offset or set off against a claim of the hotel with an undisputed or legally binding claim.


4 Withdrawal by the customer (cancellation, cancellation)


Non-use of hotel services (no show)


4.1 The customer can only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as the possible consent to a contract cancellation should be made in text form.


4.2 If an appointment for free withdrawal from the contract has been agreed between the hotel and the customer, the customer can withdraw from the contract up to that point without triggering payment or damage claims by the hotel. The customer's right of withdrawal expires if he does not exercise his right to withdraw from the hotel by the agreed date.


4.3 If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination and the hotel does not agree to a cancellation of the contract, the hotel retains the right to the agreed remuneration despite non-use of the service. The hotel must offset the income from renting the rooms to other parties as well as the expenses saved. If the rooms are not rented out elsewhere, the hotel can make a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for accommodation with or without breakfast and for package deals with third-party services, 70% for half-board and 60% for full-board packages. The customer is free to prove that the aforementioned claim did not arise or did not arise in the required amount.


5 Cancellation of the hotel


5.1 If it has been agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked rooms and the customer, upon inquiry by the hotel, with reasonable setting a deadline does not waive his right to withdraw.


5.2 If an advance payment or security deposit agreed or requested in accordance with Section 3.6 and/or Section 3.7 is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.


5.3 Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for an objectively justifiable reason, in particular if


- force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;


- rooms or spaces are booked culpably with misleading or false information or with the concealment of essential facts; The identity of the customer, the ability to pay or the purpose of the stay can be essential.


- the hotel has justified reason to assume that the use of the service may endanger the smooth running of business, the security or the reputation of the hotel in public, without this being attributable to the hotel's area of control or organization;


- the purpose or reason for the stay is illegal;


- there is a violation of the above-mentioned number 1.2.


5.4 The hotel's justified withdrawal does not justify any claims by the customer for damages.


6 Room provision, handover and return


6.1 The customer does not acquire the right to be provided specific rooms unless this has been expressly agreed.


6.2 Booked rooms are available to the customer from 3:00 p.m. on the agreed arrival date. The customer has no right to earlier availability.


6.3 On the agreed day of departure, the rooms must be vacated and made available to the hotel by 12:00 p.m. at the latest. After that, the hotel can charge 50% of the full accommodation price (list price) for use beyond the contract due to the delayed vacating of the room up to 6:00 p.m. and 90% from 6:00 p.m. This does not justify contractual claims by the customer. He is free to prove that the hotel has no or a significantly lower claim for usage fees.


7 Liability of the Hotel


7.1 The hotel is liable for damage to life, limb or health for which it is responsible. Furthermore, it is liable for other damages that are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of contractual obligations on the part of the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise regulated in this clause 7. Should disruptions or defects occur in the hotel's services, the hotel will endeavor to remedy the situation if it becomes aware of it or if the customer complains immediately. The customer is obliged to do what is reasonable for him to remedy the disruption and to keep possible damage to a minimum.


7.2 The hotel is liable to the customer for items brought in according to the statutory provisions. The hotel recommends using the hotel or room safe. If the guest wishes to bring money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a separate safekeeping agreement with the hotel.


7.3 If the customer is provided with a parking space in the hotel garage or in the hotel car park, even for a fee, this does not result in a custody agreement. In the event of loss or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel is only liable in accordance with the above clause 7.1, sentences 1 to 4.


7.4 Wake-up calls are carried out by the hotel with the utmost care.


Messages, post and consignments for the guests are treated with care. The hotel takes over the delivery, storage and - on request - the forwarding of the same for a fee. The hotel is only liable in accordance with the above clause 7.1, sentences 1 to 4.


8 Final Provisions


8.1 Changes and additions to the contract, the acceptance of applications or these General Terms and Conditions should be made in text form. Unilateral changes or additions by the customer are invalid.


8.2 The place of performance and payment as well as the exclusive place of jurisdiction - also for disputes over checks and bills of exchange - is the address of the hotel listed in the imprint for commercial transactions.


8.3 German law applies. The application of the UN sales law and the conflict of laws is excluded.


8.4 Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.


Mandatory information according to Regulation (EU) No. 524/2013 of the European Parliament and Council:


Link to the homepage of the European Commission's online consumer dispute resolution service: http://ec.europa.eu/consumers/odr/ -


GENERAL TERMS AND CONDITIONS FOR EVENT


1 Scope


1.1 These terms and conditions apply to contracts for the rental of conference, banquet and event rooms in the hotel for events such as banquets, seminars, conferences, exhibitions and presentations, etc., as well as to all other services and deliveries provided to the customer in this context the hotel.


1.2 Subletting or re-letting of the rooms, areas or showcases provided, as well as invitations to job interviews, sales or similar events, require the prior written consent of the hotel, whereby Section 540 (1) sentence 2 BGB is waived if the customer is not a consumer is.


1.3 General terms and conditions of the customer only apply if this has been expressly agreed beforehand.


2 Conclusion of contract, partners, liability, statute of limitations


2.1 The contractual partners are the hotel and the customer. The contract is formed when the hotel accepts the customer's application. The hotel is free to confirm the booking of the event in text form.


2.2 The hotel is liable for damage to life, limb or health for which it is responsible. Furthermore, it is liable for other damages that are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of contractual obligations on the part of the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages, unless otherwise regulated in Section 9, are excluded. Should disruptions or defects occur in the hotel's services, the hotel will endeavor to remedy the situation if it becomes aware of it or if the customer complains immediately. The customer is obliged to do what is reasonable for him to remedy the disruption and to keep possible damage to a minimum. In addition, the customer is obliged to inform the hotel in good time of the possibility of exceptionally high damage occurring.


2.3 All claims against the hotel expire one year after the start of the statutory limitation period. Claims for damages become statute-barred after five years, regardless of knowledge, insofar as they are not based on injury to life, limb, health or freedom. These claims for damages become statute-barred in ten years, regardless of knowledge. The shortening of the limitation period does not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.


3 Services, prices, payment, offsetting


3.1 The hotel is obliged to provide the services ordered by the customer and promised by the hotel.


3.2 The customer is obliged to pay the agreed or applicable prices of the hotel for these and other services used. This also applies to services commissioned by the customer directly or through the hotel, which are provided by third parties and paid for by the hotel. In particular, this also applies to claims from copyright collecting societies.


3.3 The agreed prices include the taxes applicable at the time of the conclusion of the contract.


In the event of changes in the statutory sales tax or the introduction, change or abolition of local taxes on the service object after the conclusion of the contract, the prices will be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between the conclusion of the contract and the fulfillment of the contract exceeds four months.


3.4 Hotel invoices without a due date are payable without deduction within ten days of receipt of the invoice. The hotel can demand the immediate payment of due claims from the customer at any time. In the event of default of payment, the hotel is entitled to demand the applicable statutory default interest of currently 8 percentage points or, in the case of legal transactions in which a consumer is involved, of 5 percentage points above the base rate. The hotel reserves the right to prove higher damage.


3.5 The hotel is entitled to demand a reasonable advance payment or security, for example in the form of a credit card guarantee, from the customer upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in writing in the contract.


3.6 In justified cases, for example the customer is in arrears with payment or the scope of the contract is extended, the hotel is entitled to demand an advance payment or security deposit within the meaning of Section 3.5 above or an increase in the advance payment or security deposit agreed in the contract up to the full to demand the agreed remuneration.


3.7 The customer can only offset or set off against a claim of the hotel with an undisputed or legally binding claim.


4 Withdrawal by the customer (cancellation, cancellation)


4.1 The customer can only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as the possible consent to a contract cancellation should be made in text form.


4.2 If an appointment for free withdrawal from the contract has been agreed between the hotel and the customer, the customer can withdraw from the contract up to that point without triggering payment or damage claims by the hotel. The customer's right of withdrawal expires if he does not exercise his right to withdraw from the hotel by the agreed date.


4.3 If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination and the hotel does not agree to a cancellation of the contract, the hotel retains the right to the agreed remuneration despite non-use of the service. The hotel must offset the income from renting the rooms to other parties as well as the expenses saved. The expenses saved in each case can be calculated as a lump sum in accordance with Sections 4.4, 4.5 and 4.6. The customer is free to prove that the claim did not arise or did not arise in the required amount. The hotel is free to prove that a higher claim has arisen.


4.4 If the customer only withdraws between the 8th and 4th week before the date of the event, the hotel is entitled to charge 35% of the lost food sales in addition to the agreed rental price, and 70% of the food sales for any later withdrawal.


4.5 The food turnover is calculated according to the formula: Agreed menu price x number of participants. If no price has yet been agreed for the menu, the cheapest 3-course menu of the valid event offer will be taken as a basis.


4.6 If a conference flat rate per participant has been agreed, the hotel is entitled to charge 60% of the conference flat rate x agreed number of participants in the event of cancellation between the 8th and 4th week before the event date, and 85% in the event of later cancellation.


5 Cancellation of the hotel


5.1 If it has been agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked event rooms and the customer, upon inquiry by the hotel, with reasonable setting a deadline does not waive his right to withdraw.


5.2 If an advance payment or security deposit agreed or requested in accordance with Section 3.5 and/or Section 3.6 is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.


5.3 Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for an objectively justifiable reason, in particular if


- force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;


- events or rooms are culpably booked with misleading or false information or with the concealment of essential facts; The identity of the customer, the ability to pay or the purpose of the stay can be essential.


- the hotel has justified reason to believe that the event may jeopardize the smooth running of business, the security or the reputation of the hotel in public, without this being attributable to the hotel's area of control or organization;


- the purpose or reason for the event is illegal;


- there is a breach of Section 1.2.


5.4 The hotel's justified withdrawal does not justify any claims by the customer for damages.


6 Changes in the number of participants and the event time


6.1 The hotel must be notified of an increase in the number of participants by more than 5% no later than five working days before the start of the event; it requires the consent of the hotel, which should be in text form. The billing is based on the actual number of participants, but at least 95% of the agreed higher number of participants. If the actual number of participants is lower, the customer has the right to reduce the agreed price by the additional expenses saved due to the lower number of participants.


6.2 A reduction in the number of participants by more than 5% should be communicated to the hotel in good time, at the latest five working days before the start of the event. The billing is based on the actual number of participants, but at least 95% of the ultimately agreed number of participants. Section 6.1 sentence 3 applies accordingly.


6.3 If the number of participants is reduced by more than 10%, the hotel is entitled to exchange the confirmed rooms, taking into account any deviating room rent, unless this is unreasonable for the customer.


6.4 If the agreed start or end times of the event are changed and the hotel agrees to these deviations, the hotel can charge for the additional service provided, unless the hotel is at fault.






7 Bringing food and drinks


In principle, the customer may not bring food and drinks to events. Exceptions require an agreement with the hotel. In these cases, a contribution to cover overhead costs will be charged.


8 Technical equipment and connections


8.1 Insofar as the hotel procures technical and other equipment from third parties for the customer at the customer's request, it acts in the name, with authority and for the account of the customer.


The customer is liable for careful handling and proper return. He releases the hotel from all third-party claims arising from the provision of these facilities.


8.2 The use of the customer's own electrical systems using the hotel's electricity network requires the customer's consent. Malfunctions or damage to the hotel's technical systems caused by the use of these devices shall be borne by the customer, insofar as the hotel is not responsible for them. The hotel may record and charge a flat rate for the electricity costs arising from the use.


8.3 With the consent of the hotel, the customer is entitled to use his own telephone, fax and data transmission facilities. The hotel may charge a connection fee for this.


8.4 If suitable hotel systems remain unused due to the connection of the customer's own systems, a cancellation fee may be charged.


8.5 Malfunctions in the technical or other facilities provided by the hotel will be rectified immediately if possible. Payments cannot be withheld or reduced unless the hotel is responsible for these disruptions.


9 Loss of or damage to items brought with you


9.1 Exhibition items or other items, including personal items, are in the event rooms or in the hotel at the risk of the customer. The hotel assumes no liability for loss, destruction or damage, including financial loss, except in the case of gross negligence or intent on the part of the hotel. Excluded from this are damages resulting from injury to life, limb or health. In addition, all cases in which safekeeping is a typical contractual obligation due to the circumstances of the individual case are excluded from this exemption from liability.


9.2 Decoration material brought along must meet the fire protection requirements. The hotel is entitled to demand official proof of this. If such proof is not provided, the hotel is entitled to remove material already brought in at the customer's expense. Due to possible damage, the installation and attachment of objects must be agreed with the hotel in advance.


9.3 Exhibition or other items brought along must be removed immediately after the end of the event. If the customer fails to do so, the hotel may remove and store them at the customer's expense. If the items remain in the event room, the hotel can charge a reasonable usage fee for the duration of the room being withheld.


10 Customer Liability for Damage


10.1 If the customer is an entrepreneur, he is liable for all damage to buildings or inventory caused by event participants or visitors, employees, other third parties in his area or himself.


10.2 The hotel can require the customer to provide an appropriate security deposit, for example in the form of a credit card guarantee.


11 Final Provisions


11.1 Changes and additions to the contract, the acceptance of applications or these General Terms and Conditions should be made in text form. Unilateral changes or additions by the customer are invalid.


11.2 German law applies. The application of the UN sales law and the conflict of laws is excluded.


Should individual provisions of these General Terms and Conditions for Events be or become invalid or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.

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