Terms and Conditions
§ 1 Applicability
1. These Terms and Conditions govern contracts for the rental of the Hotel’s conference, banquet, and convention rooms for events such as banquets, seminars, conferences, etc, as well as those for the rental use of hotel rooms for lodging purposes and all other associated services and goods provided by the Hotel. Under § 305b of the German Civil Code, these general terms and conditions are subsidiary to separate agreements and may be replaced by the same.
2. The sublease or other rental of the rented rooms, hotel areas, or display cases requires the Hotel’s prior written consent.
3. Contractual stipulations or amendments are only binding for the Hotel if such are confirmed by both contractual partners in writing.
4. General Terms and Conditions of the Event Organizer are only applicable if expressly agreed to in writing.
§ 2 Conclusion of Contract, Parties to Contract; Liability
1. A contract becomes valid upon Hotel’s confirmation towards the event organizer. The event organizer and the Hotel thereby become Parties to the Contract.
2. If the Hotel does not accept a reservation request and makes a counter offer, the counter offer is binding on the Hotel for a period of two (2) days. The ensuing contract will be based on the conditions of this counter offer if the Guest accepts the conditions by the set deadline.
3. If an option to reserve event rooms, hotel rooms, or other services (eg. catering) is granted, the dates for the option are binding on both contractual parties. Upon expiration of the option deadline, the Hotel may freely dispose of the event/hotel rooms or other services without giving notice.
4. The Hotel is liable for its duties arising out of the contract. This liability is however limited to damages caused by intentional misconduct or reckless negligence on part of the Hotel. Moreover, the event manager has a duty to give timely notice of any extraordinary serious damage which may occur.
5. All claims against the Hotel shall become time-barred within one year from the beginning of the ordinary bar period requiring knowledge under § 199 I of the German Civil Code. Irrespective of any knowledge, claims for damages shall become time-barred after five (5) years. These shortened bar periods shall not apply to claims based on intentional misconduct or gross negligence on part of the Hotel.
§ 3 Services, Prices, Payment
1. The Hotel has a duty to have the rooms available and render services in accordance to the customer or event organizer’s reservation.
2. The customer has a duty to pay the Hotel for these services in accordance to the agreed payment conditions. This also applies to services and expenses made by the Hotel to third parties in connection with the event.
3. The agreed payment conditions include any applicable sales tax. If the time period between conclusion of the contract and the date of the event exceeds four (4) months, the Hotel may amend the prices in accordance to the most current price list.
4. Unless otherwise expressly agreed, invoices are payable immediately, without any discounts. In the event of accumulated charges, the Hotel is entitled to invoice demand immediate payment at any time. In the event of payment in arrears, the Hotel may charge interest at 5 points above the most current basic rate under § 1 of the Discount Rate Provisional Regulations (Diskontsatz-Überleitungs-Gesetz) or the equivalent subsequent interest rate of the European Central Bank.
1. The Hotel may at any time demand a deposit payment. In such case, a deadline of at least one week for payment is to be set. If payment according to agreed conditions or according to the foregoing provision is not made by the deadline, the Hotel is entitled to withdraw from the contract. If the deposit payment is not made by the agreed deadline, the Hotel is entitled to withdraw from the contract.
2. If the Guest stays for more than 7 days, the Hotel may issue interim invoices.
§ 4 Withdrawal from the Contract by the Hotel
1. If a right to withdraw from the contract on part of the Customer was agreed to in writing within a certain time period, the Hotel is entitled to withdraw from the contract within the same time period if there is a reservation request from other Customers for the rooms or areas booked under the contract and the Customer, upon request of the Hotel, does not waive his right to withdraw.
2. If the deposit payment is also not made after a reasonable grace period set by the Hotel and notice of withdrawal from contract is given, then the Hotel is entitled to withdraw from the contract.
3. Furthermore the Hotel is entitled to withdraw from the contract for a justifiable cause, eg, 1) if acts of God or other circumstances beyond the Hotel’s control render fulfilment of the contract impossible; 2) if events are booked using misleading or false representation of essential facts pertaining to, for example, the event organizer or purpose; 3) if the Hotel has good reason to believe that the event may jeopardize the Hotel’s smooth operations, security, or public reputation; 4) the event organizer gives invitations for interviews, sales events, or other events without prior written consent of the Hotel.
4. Without undue delay, the Hotel shall give the event organizer notice that it intends to exercise the right to withdraw from the contract.
5. The event organizer shall have no claims for damages against the Hotel in cases of intentional misconduct or gross negligence on part of the Hotel.
§ 5 Withdrawal from the Contract on part of Customer/Event Organizer (Cancellation)
1. The event organizer may withdraw from the contract up to 30 days before the date the event is to take place. Upon withdrawal, the Hotel is entitled to charge the agreed rent if further rental is no longer possible.
2. If the event organizer withdraws from the contract between 30 and 7 days before the event date, the Hotel is entitled to charge for 80% of the contractually stipulated services. If the event organizer withdraws from the contract 7 days or less before the event date, the Hotel is entitled to charge for 100% of the contractually stipulated services.
3. Calculation of catering charges is based on the formula: banquet menu price times the number of persons. If a menu price was not agreed, the most current price of the least expensive 3-course-dinner will be used as a basis.
4. The event organizer may show higher cost savings and the Hotel may show lower cost savings.
5. Unless otherwise agreed, overnight accommodations may be cancelled by the customer by 6:00 PM on the day of arrival without cost. Thereafter, the Hotel reserves the right to charge 90 % of the agreed room price.
6. To the extent that Hotel and the customer agreed in writing to an option to withdraw from contract, the customer may withdraw from the contract until the option expires without risk of Hotel claims for payment and damages. The option to withdraw on part of the customer expires if the customer does not exercise the option in writing by the agreed deadline unless a right to withdraw exists under § 5(1) or (2).
§6 Room Availability, Delivery, Return
1. The Customer has no claim to availability of specific rooms and event rooms.
2. Booked rooms will be made available to the Customer from 3:00 PM of the agreed day of arrival. The Customer has no claim to earlier availability.
3. On the agreed departure date, check-out time for the Hotel rooms is 1:00 PM. Thereafter, the Hotel may charge for check-out later than the time stipulated: for check-out until 6:00 PM, 50% of the contractual price will be charged and after 6:00 PM, 100% of the contractual price (list price) will be charged. This does not give rise to any contractual claims on part of the Customer.
§7 Changes in the Number of Persons Participating and Time of Event
1. Notice of a change in the number of persons participating by more than 5 % must be given at latest 5 work days before commencement of the event takes place; the Hotel’s consent is required.
2. A reduction in the number of persons participating will be reflected in the Hotel’s invoice up to a maximum of 5 %. In the event of further deviation, the invoice will be based on the original number of registered participants less 5 %.
3. If the number of persons participating increases the actual number of persons participating will be used as a basis for calculating the invoice.
4. In the event the number of persons participating deviates by more than 10 %, the Hotel is entitled to recalculate the agreed prices and to host the event in a room other than that previously agreed unless such change is unreasonable for the event organizer.
5. If the commencement or the end of an event is delayed without the Hotel’s prior written consent, the Hotel may charge for the added cost of stand-by service unless the Hotel is at fault.
6. For events continuing past 12:00 AM, the most current supplemental night charge will be invoiced.
§ 8 Carrying Own Food and Beverages unto the Premises
In general, the event organizer may not carry food or beverages to events on the Hotel premises. Any exceptions require the prior written consent of the banquet department. In such cases overhead expenses will be charged.
§ 9 Technical Facilities and Connections
1. In the event the Hotel procures technical and other equipment from third parties at the request of the event organizer, the Hotel acts on behalf of, by authority, and on account of the event organizer. The event organizer is responsible for the careful handling and proper return of the equipment. The event organizer shall release the hotel from all third party claims arising from the rental of such equipment.
2. The use of the event organizer’s own electrical system using the Hotel’s electrical circuit requires the Hotel’s written consent. The event manager shall be liable for any malfunction or damages to the Hotel’s technical facilities caused by the use of such equipment to the extent that the Hotel is not at fault. The Hotel may charge a flat fee for electricity costs incurred through such usage.
3. The event organizer is entitled to his own telephone, telefax, and data transfer equipment with the hotel’s consent. The Hotel may charge a connection fee.
4. If due to the use of the event organizer’s own equipment use is not made of suitable equipment belonging to the Hotel, a charge may be made for lost revenue.
5. Malfunctioning of technical or other equipment provided by the Hotel shall be remedied without undue delay when possible. To the extent the Hotel is not responsible for such malfunctioning, payment may not be withheld or reduced.
§ 10 GEMA
All musical events must be registered in advance with GEMA and notice given to the Hotel. GEMA fees are to be borne by the event organizer. The event organizer shall indemnify the Hotel for any claims by GEMA arising from impermissible use of GEMA rights or rights of third persons (eg, non-registration by the event manager).
§ 11 Extension of Rental Period, Additional Services
1. Reserved Event Rooms are available to the Guest or Event Organizer solely within the agreed written time period. Any use after the time period requires an additional written agreement.
2. Incidental costs arising in connection with contractually stipulated services including telephone, bar, garage, etc. are to be paid by each person participating in the event otherwise the event organizer is jointly liable.
§ 12 Loss or Damage of Property brought onto the Premises
1. Property brought onto the Hotel premises for exhibition or other purposes is done at the risk of the event organizer. The Hotel assumes no liability for loss, destruction, or damage to or of such property except in cases of gross negligence or intentional misconduct on part of the Hotel. Statutory liability under § 701 of the German Civil Code up to the highest amount under § 702 of the German Civil Code remains unaffected.
2. Decorations or other objects brought unto the hotel premises must meet fire code regulations. The Hotel is entitled to demand official proof of compliance with such regulations. To prevent possible damage, prior consultation with the Hotel is required before objects are exhibited or installed.
3. Property brought onto the premises for exhibition or other purposes shall be removed without undue delay upon end of the event. Failure of the event organizer to do so shall result in the Hotel ordering removal or storage of the property at the organizer’s expense. If the property remains in the room used for the event, the Hotel may charge rent for the period the property remains in the room. The event organizer has the right to show a lower, the Hotel a higher amount of damages.
§ 13 Customer / Event Organizer
1. The Customer / Event Organizer is liable for all damages to the building or inventory caused by persons participating in the event or visitors to the event, employees, other third parties associated with the event organizer, or the event organizer himself.
2. The Hotel may require the event organizer to provide a reasonable security (eg, insurance, security deposits, sureties).
§ 14 Hotel Liability
1. The Hotel has a duty to exercise care of a reasonable prudent businessman concerning the duty arising from the contract. The Customer has no claims for damages. This does not apply to damages arising from the injury to life or health if the Hotel is responsible for violating a duty and other damages arising from intentional misconduct or gross negligence. The violation of a duty by a statutory agent or vicarious agent represents a violation of a duty by the Hotel. In cases of malfunction or improper performance of services on part of the Hotel, the Hotel shall exert best efforts to remedy the same without undue delay. The Customer has a duty to do what is reasonable in order to remedy the malfunction and minimize any damages.
1. For property brought onto the Hotel premises, the Hotel is liable towards the Customer under statutory law for a maximum of 100 times the price of the room, however, no more than € 3.500,00. Moreover for money, commercial papers and valuables the Hotel is liable up to € 800,00. Money, commercial papers and valuables may be stored in the Hotel safe up to a maximum of € 7.500,00. The Hotel recommends to make use of the possibility. Liability claims cease to exist if the Customer does not give the Hotel notice of the loss, destruction or damage upon gaining knowledge thereof, at latest, however, upon departure from the Hotel (§703 German Civil Code). For any additional liability of the Hotel, the above §14(1) sentences 2-4 apply accordingly.
2. The Hotel is not liable for property locked in the hotel room safe.
3. In the event the Customer is provided with a parking space in the Hotel garage, even for consideration, this shall not constitute a custody agreement. The Hotel is not liable for stolen or damaged auto mobiles parked or valet parked on the Hotel premises or the contents thereof except in cases of intentional misconduct or gross negligence. This also applies to vicarious agents of the Hotel. Section §14(1) sentences 2-4 shall apply accordingly. The German Traffic Code (Straßenverkehrsordnung) provisions apply accordingly.
4. Wake-up calls made by the Hotel shall be executed with great care; nevertheless there shall be no claim for damages for failed performance. News, mail, and shipment of property shall be handled with care. The Hotel shall accept delivery, hold, and, upon request, forward items. Section 14(1) sentences 2- 4 shall apply accordingly.
5. Property left in the Hotel shall be sent upon request. The Hotel has a duty to keep such property for 6 months.
1. Amendments or Supplements to the Agreement, confirmation of the contract or these General Terms and Conditions for events must be in writing. Unilateral amendments or supplements by the event organizer are invalid.
2. Place of performance and place of payment for purposes of this Contract is where the Hotel maintains its registered office.
3. Exclusive place of jurisdiction for commercial transactions, including check and commercial paper disputes, is where the Hotel has its registered office. To the extent a contractual party fulfils the requirement under § 38 (1) of the German Civil Procedure Code and has no domestic general place of jurisdiction, the place of jurisdiction shall be where the Hotel has its registered office.
4. German law is applicable.
5. If any single provision under these General Terms and Conditions prove to be invalid or void, the validity of the remaining provisions shall not be affected. Statutory provisions shall otherwise apply.