General Terms and Conditions
General Terms and Conditions for Events, Conferences etc.
1. scope of application
1. These terms and conditions apply to contracts for the rental of conference & event rooms of the hotel and the log cabin, for the holding of events such as seminars, conferences, exhibitions and presentations and events ect. as well as for all other services and deliveries of the hotel provided for the customer in this context.
2. The transfer for use, subletting or subletting of the rooms, areas or showcases provided as well as the invitation to and holding of job interviews, sales or similar events shall require the prior written consent of the hotel.
3. General terms and conditions of the customer shall only apply if this has been expressly agreed in text form in advance.
2. conclusion of contract.partner
1. The contract is concluded by the hotel’s acceptance of the customer’s application.
2. if the customer is not the organiser himself or if a commercial intermediary is commissioned by the organiser as organiser, he shall be liable to the hotel together with the customer as joint and several debtors for all obligations under the contract.
3. All contractual claims against the hotel shall in principle become statute-barred one year after the statutory commencement of the limitation period. Excluded from this are claims in the case of intentional acts. Claims for damages shall become statute-barred after five years, regardless of knowledge.
4 The customer is obliged to inform the hotel, without being asked, at the latest upon conclusion of the contract, whether the event, due to its political, religious or other character, is likely to endanger the smooth operation of the business, the security or the reputation of the hotel in public.
5.Messages, mail and consignments of goods for the customer shall be handled with care. The hotel shall undertake the delivery, safekeeping and, on request, forwarding of the same against payment.
6. Insofar as a parking space is made available to the customer in a hotel car park, also against payment, this does not constitute a safekeeping contract. The hotel shall not be liable for the loss of or damage to vehicles parked or manoeuvred on the hotel’s property or for their contents. The hotel shall have no duty of supervision.
3. Services, prices, deposits, payments and set-off
1. The hotel is obliged to provide the services ordered by the customer and promised by the hotel.
2. The customer is obliged to pay the hotel’s applicable or agreed prices for these and other services used – including those of his event participants. He shall be liable for the payment of all services used by the event participants as well as for the costs caused by them. This shall also apply to services, costs and expenses of the hotel to third parties arranged by him. In particular, this also applies to the claims of copyright collecting societies (e.g. GEMA). (e.g. GEMA)
3. The agreed prices include the respective statutory value added tax. If the period between conclusion of the contract and the event exceeds four months, the price generally charged by the hotel for such services may be increased by a reasonable amount, but by no more than 5%. For each additional year between conclusion of the contract and the event beyond the 4 months, the upper limit shall increase by a further 5%. If there are more than four months between conclusion of the contract and the event or if the statutory value added tax changes, the prices shall be adjusted accordingly. Increases in value added tax occurring after conclusion of the contract, on the day of the event, will be charged subsequently.
4. Prices may further be changed by the hotel if the customer subsequently requests changes in the number of rooms booked, the hotel’s service or the guests’ length of stay and the hotel agrees.
5. Invoices of the hotel without a due date are payable within 7 days of receipt of the invoice without deduction. The hotel is entitled to call in accrued claims at any time and to demand payment without delay. In the event of default in payment, the hotel shall be entitled to charge the respective applicable statutory default interest in the amount of currently 8% or, in the case of legal transactions involving a consumer, in the amount of 5% above the base interest rate. For each reminder after the occurrence of default, the customer shall reimburse reminder costs in the amount of EUR 5.00 to the hotel. All other costs incurred in the course of collection shall be borne by the customer. The hotel reserves the right to prove a higher damage.
6. the customer may only set off or reduce a claim against a claim of the hotel with an acknowledged or legally binding claim.
7. The hotel is entitled to demand a reasonable advance payment or security deposit from the customer in the form of a credit card guarantee, a down payment or similar upon conclusion of the contract. The amount of the advance payment and the payment dates shall be agreed in writing in the contract. The agreed deposits are non-refundable unless a cancellation free of charge has been agreed between the hotel and the customer. However, should the hotel be able to resell rooms and function rooms at the same price in the event of a cancellation, the deposit amounts will be refunded. Should the rooms and function rooms not be able to be resold at the same price, the customer shall pay the difference.
8. if, after the contract has been signed, circumstances become known which, in the opinion of the hotel, make the creditworthiness of the customer appear doubtful, the hotel shall be entitled to withdraw from the contract or to provide the agreed services only against advance payment or the provision of security.
4. Cancellation by the customer
1. Cancellation by the customer of the contract concluded with the hotel free of charge requires the written consent of the hotel. If this does not take place, the agreed room rent from the contract as well as services and deliveries arranged with third parties shall be paid in any case. If the room is rented at different / more favourable conditions, the difference shall be paid. This shall not apply in the event of a breach of the hotel’s contractual obligations.
2. If a date has been agreed in writing between the hotel and the customer by which a cancellation of the contract free of charge is permissible, the customer may cancel the contract up to that date without triggering payment or performance claims of the hotel. The customer’s right to cancel free of charge shall expire if he does not exercise his right to cancel in writing vis-à-vis the hotel by the agreed date.
3. If the client withdraws after signing the contract or after expiry of the contractually agreed cancellation deadline free of charge, the following cancellation deadlines/costs apply:
- Up to 6 months before the event: 20% of the booked services
- Up to 4 months before the event: 30% of the booked services
- Up to 2 months before the event: 40% of the booked services
The customer is free to prove that no damage has occurred at all or that the damage is significantly lower than estimated.
4. The calculation of the consumption turnover for the cancellation costs under point 3 is carried out according to the formula: Food price of the event plus drinks x number of participants. If no price has yet been agreed for the meal, a meal turnover per person of € 44 shall be taken as a basis. Drinks per person will be charged at half the price of the meal. ( € 22 )
5 If a flat rate (conference, events, weddings, etc.) has been agreed, the hotel is entitled to charge the cancellation costs listed under point 3 in the event of cancellation after the contract has been signed or after expiry of the contractually agreed free cancellation date. If no price has yet been agreed for the flat rate, a flat rate of € 79 shall be applied. The customer is at liberty to prove that no damage has been incurred at all or that the damage is significantly lower than the flat rate.
5. Cancellation by the hotel
1. Insofar as the customer’s right to cancel free of charge within a certain period of time has been agreed in writing, the hotel shall be entitled for its part to withdraw from the contract during this period if there are enquiries from other customers about the contractually booked function rooms and the customer does not waive his right to cancel within a period of time fixed by the hotel when asked by the hotel. This shall apply mutatis mutandis in the event of the granting of an option if other enquiries are received and the customer is not prepared, upon inquiry by the hotel, to make a firm booking within a period set by the hotel. In this case, firm booking means that from this day onwards the originally agreed, free cancellation period is suspended.
2. If an agreed advance payment required above under clause 3 no.7 is not made, the hotel shall also be entitled to cancel the contract.
3. Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, for example if
- force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract
- rooms are booked under misleading or false statements of material facts, e.g. in the person of the customer or the purpose;
- the hotel has reasonable grounds to assume that the use of the hotel service may jeopardise the smooth operation of the business, the security or the reputation of the hotel in public without this being attributable to the hotel’s sphere of control or organisation.
- A violation of clause 1 no. 2 exists.
4. In the event of justified withdrawal by the hotel, the customer shall have no claim to compensation.
5. Withdrawal by the hotel is also possible if the hotel becomes aware of circumstances that the financial circumstances of the contracting party have deteriorated significantly after conclusion of the contract, in particular if the customer does not settle due claims of the hotel or does not provide sufficient security and payment claims of the hotel therefore appear to be at risk. This is particularly the case if
- the customer has filed an application for the opening of insolvency proceedings, has initiated out-of-court proceedings for the settlement of debts or has suspended payments.
- insolvency proceedings are opened or the opening of such proceedings is rejected for lack of assets or for other reasons.
6. Changes in the number of participants and the time of the event
1. The terms and conditions of changes to the booked number of participants in the case of packages are set out in the event contracts.
2. a change in the booked number of participants for all other events by the customer by more than 5% must be notified to the hotel at least 10 working days before the start of the event; it requires the written consent of the hotel. Any deviations beyond this will be charged to the customer.
3. The customer has the right to reduce the agreed price by the expenses saved due to the lower number of participants, which must be proven by the customer. The customer’s savings due to the granted tolerance of 5% shall be included in this.
4. In the event of an upward deviation, the actual number of participants shall be charged. If the number of participants is exceeded by more than 5%, the requested menu may not be served unless the hotel has agreed to the change
5. If the agreed starting or closing times of the event are postponed and the hotel agrees to these deviations, the hotel may charge appropriately for the additional service provided, unless the hotel is at fault. If the agreed start or end times of the event are postponed and the hotel has to accommodate guests in another hotel due to the delayed evacuation, the customer shall bear all costs incurred for this. Any further claims for damages by the hotel shall remain unaffected thereby.
6. For events that extend beyond 02:00, the hotel may, unless otherwise agreed, charge a night surcharge from this time.
7. Bringing in and taking away food
1. In principle, the customer may not bring food and drinks to events. Exceptions require written agreement with the hotel. In such cases, a contribution to cover overhead costs shall be charged. In the event of a violation, the hotel shall be entitled to claim a flat-rate amount of damages per participant for the loss incurred, which would have accrued to the hotel for the provision of the service. The hotel accepts no liability whatsoever for damage to health caused by the consumption of food and drinks taken along.
8. Technical facilities, connections, fire alarm system
1. Insofar as the hotel procures technical and other facilities from third parties for the customer at the customer’s instigation, it shall act in the name of, on the authority of and for the account of the customer. The customer shall be liable for careful handling and proper return. He shall indemnify the hotel against all claims of third parties arising from the provision of this equipment.
2. The use of the customer’s own electrical equipment using the hotel’s power supply system requires the customer’s consent. Any faults or damage to the hotel’s technical equipment caused by the use of such equipment shall be borne by the customer insofar as the hotel is not responsible for such faults or damage. The hotel may record and charge the electricity costs arising from the use of such equipment on a flat-rate basis.
3. The customer is entitled, with the hotel’s consent, to use his own telephone, fax and data transmission facilities. The hotel may charge a connection fee for this.
4. If suitable facilities of the hotel remain unused due to the connection of the customer’s own facilities, an outage fee may be charged.
5. Faults in technical or other facilities provided by the hotel shall be remedied immediately where possible.
6. The customer shall obtain any official permits, conditions and authorisations required for the event in good time and at his own expense. He shall be responsible for compliance with public law requirements and other regulations, compliance with the provisions of noise protection, youth protection, fire protection, etc., as well as the payment of the GEMA fees.
7. In the entire hotel/restaurant and the log cabin fire, open flames or by other negligent actions the fire alarm system are released, the customer has to bear all costs caused by it, even if you came about by one of his guests.
9. Loss of or damage to items brought along
1. Exhibits or other items, including personal items, brought along are located in the event rooms or in the hotel at the customer’s risk. The hotel accepts no liability for loss, destruction or damage, including financial loss, except in cases of gross negligence or wilful misconduct on the part of the hotel in the performance of contractual obligations. Excluded from this are damages resulting from injury to life, body or health. Furthermore, all cases in which the safekeeping constitutes a typical contractual obligation due to the circumstances of the individual case are excluded from this exemption from liability.
2. Decorative material brought along must comply with the fire protection requirements. The hotel is entitled to obtain official proof of this. If such proof is not provided, the hotel shall be entitled to remove any material already brought in at the customer’s expense. Due to possible damage, the setting up and attachment of items must be agreed with the hotel in advance.
3. Any 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 may charge reasonable compensation for use for the duration of their stay.
4. Other items left behind by event participants shall only be forwarded at the request, risk and expense of the participant concerned. The hotel shall keep the items for 3 months; thereafter the items shall be handed over to the local lost property office if there is a recognisable value. The costs of safekeeping shall be borne by the customer. If there is no recognisable value, the hotel reserves the right to destroy the items at the customer’s expense after expiry of the period.
5. The hotel shall be liable for items brought into the hotel in accordance with the statutory provisions of the German Civil Code (BGB) up to a maximum of EUR 3,500 (§702 BGB). Liability is excluded if rooms, conference rooms or containers in which the guest leaves objects remain unlocked. In accordance with the German Civil Code (BGB), liability for money and valuables is limited to the amount of EUR 800 (§702 BGB) when stored in the hotel’s own safe. In all other respects, the provisions of §§ 701 ff. BGB.
10. Liability of the customer for damages
1. The client is liable for all damage to buildings or inventory caused by event participants or visitors, employees, other third parties from his area or himself.
2. the hotel may require the customer to provide appropriate security’ (e.g. insurance, deposits, guarantees).
11. Final provisions
1. Verbal collateral agreements shall only be binding if confirmed in writing. Amendments or additions to the contract or this clause, the acceptance of the application or these terms and conditions for events must be made in writing. Unilateral amendments or supplements by the customer are invalid.
2. the place of performance and payment for all mutual obligations shall be the registered office of the hotel.
3. The exclusive place of jurisdiction – also for disputes regarding cheques and bills of exchange – in commercial transactions shall be the registered office of the hotel. If a contractual partner fulfils the requirements of § 38 para. 2 ZPO (German Code of Civil Procedure) and does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.
4. German law shall apply.
5. 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 all other respects, the statutory provisions shall apply. In the event of invalid provisions, these shall be replaced by statutory provisions which come as close as possible in their meaning to the invalid provisions.
General terms and conditions for hotel operation
1. preliminary remark
The following General Terms and Conditions are recommended by the Hotelverband Deutschland (IHA)e.V. for use in business transactions with customers. A contract concluded by the customer (uniform designation for: A room reservation initiated by the customer (uniform designation for: customer, guest, tenant, organiser, agent, etc.) and accepted by the hotel establishes a contractual relationship between the two parties, the hotel accommodation contract (uniform designation for accommodation, guest accommodation, hotel, hotel room contract). The hotel accommodation contract is a so-called mixed-type contract which is not specifically regulated in the German Civil Code (BGB), apart from the liability for objects brought in. It contains elements of service-work and sales contract law. At its core, the hotel accommodation contract is a rental contract.
Hotel accommodation contracts, like all other contracts under civil law, must be complied with by both contracting parties.
2. scope of application
1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation purposes as well as other services and supplies provided by the hotel for the customer in this context alone (hotel accommodation contract).
2. The customer’s general terms and conditions shall only apply if this has been expressly agreed in writing in advance.
3. conclusion of contract, -partner
1. The contract is concluded by the hotel’s acceptance of the customer’s application. The hotel is free to confirm the room booking in text form.
2. The contracting parties are the hotel and the customer. If a third party has placed an order on behalf of the customer, the third party shall be liable to the hotel together with the customer as joint and several debtors for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
4. Services, prices, payment, set-off
1. The hotel is obliged to keep ready the rooms booked by the customer and to provide the agreed services.
2. The customer is obligated to pay the agreed or applicable prices of the hotel for the provision of the room and the other services used by the customer. This also applies to services and expenses of the hotel to third parties arranged by the customer.
3. The hotel may make its consent to a subsequent reduction requested by the customer in the number of rooms booked, the hotel’s services or the customer’s length of stay conditional upon an increase in the price for the rooms and/or for the hotel’s other services.
4. Invoices of the hotel without due date are payable within 3 days from receipt of the invoice without deduction. The Hotel may demand immediate payment of due receivables from the Customer at any time. In the event of late payment, the Hotel shall be entitled to charge the applicable statutory interest on arrears, currently 8% or, in the case of legal transactions involving a consumer, 5% above the base interest rate. The hotel reserves the right to prove higher damages.
5. The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract in the form of a credit card guarantee, a down payment or similar. The amount of the advance payment and the payment dates may be agreed in text form in the contract.
6. in justified cases, e.g. payment arrears on the part of the customer or extension of the scope of the contract, the hotel shall be entitled, even after conclusion of the contract until the beginning of the stay, to demand an advance payment or security deposit within the meaning of number 5 above or an increase in the advance payment or security deposit agreed in the contract up to the full remuneration agreed.
5. Withdrawal of the customer (cancellation) / non-utilisation of the hotel’s services (NO SHOW)
1. The customer may withdraw from the contract free of charge up to 3 days before arrival. The customer’s right of withdrawal shall expire if he does not exercise his right of withdrawal vis-à-vis the hotel in text form by the agreed date.
2. For a booking of 5 rooms or more, cancellation is free of charge up to 10 days before arrival. For bookings of 10 rooms or more, cancellation is free of charge up to 21 days before arrival. For bookings of 15 rooms or more, cancellation is free of charge up to 8 weeks before arrival.
3. If the customer cancels at a later date, the hotel is entitled to charge 90% of the contractually agreed price for overnight stays with or without breakfast or arrangements.
6. Cancellation by the hotel
1. The hotel is entitled to withdraw from the contract extraordinarily for an objectively justified reason, for example if-
force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract;
- rooms or rooms are culpably booked with misleading or false information or concealment of material facts; material facts may be the identity of the customer, the ability to pay or the purpose of the stay;
- the hotel has reasonable grounds to believe that the use of the hotel service may jeopardise the smooth operation of the business, the security or the reputation of the hotel in public, without this being attributable to the hotel’s sphere of control or organisation;
- the purpose or occasion of the stay is unlawful;
2. In the event of justified withdrawal by the hotel, the customer shall not be entitled to compensation.
7. Room provision, handover and return
1. The customer does not acquire any claim to the provision of specific rooms, unless this has been expressly agreed in text form.
2. booked rooms are available to the customer from 3:00 p.m. on the agreed day of arrival. The customer has no right to earlier availability.
3. on the agreed day of departure, the rooms must be made available to the hotel vacated by 11:00 a.m. at the latest. Thereafter, due to the late vacating of the room, the hotel may charge 50% of the full accommodation price (list price) for its use in excess of the contract until 6:00 p.m., and 90% from 6:00 p.m.
8. Liability of the hotel
1. The hotel shall be liable for damages for which it is responsible arising from injury to life, body or health. Furthermore, it shall be liable for other damages based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of duties typical of the contract by the hotel. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent. Further claims for damages are excluded unless otherwise provided for in this clause 7. In the event of disruptions or deficiencies in the hotel’s services, the hotel shall endeavour to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to contribute what is reasonable for him to remedy the disruption and to keep any possible damage to a minimum.
2. The hotel shall be liable to the customer for property brought into the hotel in accordance with the statutory provisions.
3. insofar as a parking space is made available to the customer in the hotel garage or in a hotel car park, even for a fee, this does not constitute a safekeeping contract.
The hotel shall not be liable for loss of or damage to motor vehicles parked or manoeuvred on the hotel’s property or their contents, except in the case of intent or gross negligence.
9. final provisions
1. Amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions shall be made in text form.
Unilateral changes or additions by the customer are invalid.
2. the place of performance and payment is the location of the hotel.
3. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
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 all other respects, the statutory provisions shall apply.