Section 1 General provisions for the Hotel Accommodation Contract and Events

I. Scope of Applicability, Subletting and use of other Conditions

1.    These terms and conditions apply – as long as not otherwise agreed according to these conditions - to contracts for the rent of hotel rooms for accommodation purposes, the renting of the hotel’s conference, banquet, and convention rooms for events such as banquets, seminars, conferences, exhibitions, and presentations, etc. as well as all other associated services and goods connected therewith provided by the hotel.

2.    In order to sublet the rooms, space or display cases that have been rented, to use the hotel rooms for other purposes than for accommodation, for public invitations or other advertising purposes, for interviews, sales or similar events the guest must obtain the prior written consent of the hotel who may also demand payment of an additional remuneration. § 540 paragraph 1, sentence 2 of the German Civil Code is not applicable insofar as the guest is not a consumer.

3.    The guests general terms and conditions only apply if this is previously expressly agreed in writing.

II. Conclusion of a Contract, Parties, Liability, Statute of Limitations

1.    The contract shall come into force upon the hotel’s acceptance of the guests application. At its discretion, the hotel may confirmreservation in writing.

2.    Contractual partners are the hotel and the guest. If a third party placed the order on behalf of the guest, if the guest or the ordering party is not even organizer itself, or if a commercial agent or organizer is being used by the event organizer, the aforementioned third party, together with the guest shall be liable as joint debtor vis-à-vis the hotel for all obligations arising from the contract.

3.    The guest must inform the hotel without being asked, at the latest upon conclusion of the contract, if the guests use of the hotel service/s is likely to endanger the smooth operation of the hotel, the security or the reputation of the hotel in public.

III. Services, Prices, Payment, Set-Off

1.    The hotel is obliged to provide the rooms booked by the guest and the goods/ services agreed upon.

2.    The guest is obliged to pay the applicable or agreed prices of the hotel for rooms provided and for other services supplied. The prices depend on the number of guests specified when booking. A deviation of the number of guests, especially with regard to the occupancy of rooms booked, requires the hotel's consent. The guest is liable for the payment of all services used by himself and by participants of his event as well as for any damage caused by these. This shall also apply to services and outlay to third parties which the hotel provides upon the guest’s express wish, and for claims of copyright exploitation companies.

3.    Prices agreed are inclusive of statutory VAT at the current rate. Locally levied taxes, which are owed by the guest himself respective to municipal law of the host, such as Tourist tax are not included. If the applicable rate of VAT is increased, the prices will be adjusted accordingly. The hotel is authorized to charge the tax increase ex post. If the period between conclusion and the fulfilment of the contract exceeds four months and if the price generally charged by the hotel for such services increases, the hotel may raise the contractually agreed price at his reasonable discretion.

4.    Moreover, the hotel may change prices if the guest later wishes to make changes to the number of rooms reserved, the specified number of guests, the hotel services to be provided, or the length of guests’ stay, subject to the hotel’s consenting to such changes.

5.    The remuneration of the hotel is due when services are rendered. Upon default of payment, the hotel is entitled to demand the appropriate applicable statutory default interest.  For each official remind issued after he falls into arrears, the guest must reimburse reminder costs of € 5.00 to the hotel. In case, that no consumer is involved, the hotel is entitled to demand a lump-sum for delay in the amount of € 40.00. All other costs incurred for the purpose of collection must be borne by the guest.

6.    If a minimum turnover was agreed and is not achieved, the hotel can bring 60% of the difference as a loss of profits to account, unless the guest proves a lower or the hotel proves higher damages.

7.    The hotel is entitled to require a reasonable advance payment or the provision of security, e.g. in the form of a credit card guarantee, either on or after the conclusion of the contract. The amount of an advance payment and payment dates may be agreed in writing in the hotel booking contract. Advance payments are non-refundable. Should the hotel in case of guest’s rescission of the contract be able to sublet the booked rooms and event rooms at the same price, advance payments are transferred back. If the rooms and event rooms cannot be sublet at the same price, the guest has to pay the difference.

8.    The guest is only entitled to offset claims or exercise a right of retention against claims which have been recognized as valid or which are legally final and binding against claims of the Hotel.

9.    Pets may only be brought in if the hotel has consented beforehand, and a charge may be imposed.

10.  Items left behind by the guest shall only be forwarded at the request, risk and expense of the guest. The hotel will store items for three months; Provided that a recognizable value persists, they are handed over to the local lost property office. If no apparent value exists, the hotel reserves the right to dispose of these items after the deadline.

IV. Rescission of the contract by guest (Cancellation, Annulment)/ Failure to use Hotel Services (No Show)

1.    Rescission (“Rücktritt” under German law) of the contract concluded with the hotel by the guest requires the hotel’s written consent. If this consent is not given, the price agreed in the contract must be paid even if the guest does not make use of the contractual services. This shall not apply with the breach of obligation of the hotel to take into account the rights, objects of legal protection and interests of the guest, if abiding to the contract is no longer reasonable or another statutory or contractual right of rescission exists.

2.    To the extent that the hotel and the guest agreed in writing upon a date for a cost-free rescission of the contract, the guest may resign from the contract up to that date without incurring payment or damage compensation claims by the hotel.

3.    If the rooms or event rooms are not used by the guest, the hotel must give an appropriate credit for the income from renting the rooms to other parties and also for saved expenses.

4.    At their discretion the hotel may, in the cases of the aforementioned no. 3 demand the contractually agreed compensation and make a flat-rate deduction for saved expenses. In this case, the guest is obliged to pay 90 per cent of the contractually agreed rate for accommodation with or without breakfast or for packages including external services, 80 per cent for accommodation with half-board, and 70 per cent for accommodation with full-board packages.

5.    If the guest resigns after conclusion of the contract respectively after the date for cost-free rescission, the hotel shall be entitled to charge – in addition to the agreed rent and the cost of third-party services – 35 per cent of lost consumption sales. For any rescission after the date for cost-free rescission and less than 21 days before the appointed day of the event, the hotel shall be entitled to charge 80 per cent of the consumption sales.

6.    Consumption sales are calculated using the following formula: menu price of the event multiplied by the number of participants. If a price for the menu had not been agreed, the least expensive three-course menu in the current set of event proposals shall apply. Beverages are charged with one third of the menu price.

7.    If a seminar flat rate per participant has been agreed, the hotel shall be entitled to charge, for a rescission after the date for cost-free rescission and 21 days prior to the date of the event, 70 percent of the agreed price multiplied by the number of participants and 90 percent for any later cancellation.

8.    The guest is free to prove that the claim mentioned above was not incurred or was not incurred in the amount demanded.

V. Rescission by the Hotel

1.    To the extent that a right of cost-free rescission within a certain period is agreed in writing with the guest, the hotel is entitled for its part to cancel the contract during that period if there are inquiries from other guests regarding the contractually reserved rooms and the guest does not waive his right of rescission upon inquiry thereof by the hotel. The same applies to the granting of an option if there are other inquiries and the guest is, if requested by the hotel, not prepared to make a fixed booking. Fixed booking means in this case that, a Contract is concluded and the originally agreed, cost-free rescission is suspended.

2.    If an agreed advance payment or an advance payment demanded pursuant to clause III , No. 7 above is not made even after a reasonable period  of grace set by the hotel has expired, the hotel is entitled to resign from the contract.

3.    Moreover, the hotel is entitled to effect extraordinary rescission of the contract for a materially justifiable cause, e.g. if  

• force majeure or other circumstances for which the hotel is not responsible make it impossible  to fulfil the contract;
• rooms are reserved with misleading or false information regarding material fact,  such as the identity of the guest or the purpose of the stay;
• the hotel has just cause to believe that use of the hotel’s services might jeopardize the smooth operation of the hotel, its security or public reputation, without being attributable to the hotel’s sphere of control or organisation;
• there is a breach of the section 1 clause I No.2 or section 1 clause 3 No.2 sentence 3 above.
  
  

4.    If circumstances become known after signing of the contract, that let the creditworthiness of the guest appear doubtful from the perspective of the hotel (especially if the guest does not pay outstanding debts and therefore payment claims by the hotel appear to be endangered), the hotel may resign from the contract or provide its services only against Payment in advance or security deposits. The right of rescission exists in particular if

• the guest has made an application for commencement of insolvency proceedings, if he has instituted a extrajudicial debt settlement or if he stopped making payments.
• insolvency proceedings have been opened or their opening is rejected due to lack of assets or for other reasons.
  
  

5.    The guest can derive no right to compensation from justifiable rescission by the hotel.

6.    The hotel is entitled to forbid and/or demand the immediate termination of interviews and sales or similar events which have not been approved.

7.    If in case of rescission according to No. 2 or 3 above, the hotel has a claim for damages, the hotel may charge a lump sum for the claim. In this case, section 1 clause IV No. 4 to 7apply accordingly. The guest may prove in these cases that no or only a slight damage incurred.

VI. Liability of the Hotel, limitation

1.    The hotel is liable with the diligence of a prudent businessman for its obligations from the Hotel Accommodation Contract. Claims of the guest for reimbursement of damages are precluded except for such that result from injury to life, body or health when the hotel is responsible for the breach of the obligation, furthermore other damage resulting from an intentional or grossly negligent breach of obligation by the hotel and damage resulting from an intentional or negligent breach of essential contractual obligations, whose fulfilment enables the proper execution of the contract and on whose compliance the guest may regularly rely (“Kardinalpflicht” under German law). In case of slightly negligent breach of one of these obligations (Kardinalpflichten), the liability of the hotel is limited to typical damages, foreseeable when concluding the contract. . A breach of obligations by the hotel is deemed to be equivalent to a breach of the statutory representative or vicarious agent. Should disruptions or defects in the performance of the hotel occur, the hotel will endeavour, upon gaining knowledge thereof or on immediate complaint of the guest, to take remedial action.   Moreover, the guest is obliged to inform the hotel as soon as possible if an extraordinary high loss is liable to arise. The customer is obliged to contribute to eliminate the disruption and to keep any possible damage at a minimum.

2.    The hotel is liable to the guest for property brought in in accordance with the statutory provisions, not to exceed an amount of € 3.500  and for cash, securities and other valuables not exceeding an amount of € 800 (and only if these were stored in the locked room-safe). Cash, securities and valuables may be stored in the hotel safe up to a maximum value corresponding to the insurance cover in place for the hotel concerned. The hotel recommends guests to take advantage of this service. Liability claims expire unless the guest notifies the hotel immediately after gaining knowledge of the loss, destruction, or damage (§ 703 German Civil Code). Claims of the guest shall not be valid, if the rooms or containers in which the things were located were unlocked. No.1, sentences 2 to 5 above shall apply respectively.

3.    If the guest is provided with a parking space in the hotel garage or an open air hotel parking space, this does not constitute a safekeeping agreement, even if a fee is charged. The hotel has no monitoring obligation. The hotel assumes no liability for loss of or damage to motor vehicles parked or manoeuvred on the hotel’s property or in a parking space, nor the contents thereof. The hotel must be informed immediately about possible damage. No. 1, sentences 2 to 4 above shall apply respectively.

4.    Wake-up calls are carried out by the hotel with the greatest possible diligence, but no liability is accepted. Messages, mail, and merchandise deliveries for guests are handled with care.  The hotel will deliver, hold, and for a fee forward such items (on request). No. 1, sentences 2 to 4 above shall apply respectively.

5.    Any claims against the hotel, for which liability is limited under this provision, as well as claims for rent reduction in material and legal defects, shall be time limited to one year after the claim has arisen and creditor got knowledge of the circumstances justifying the claim and the person of the debtor. The same limitation period shall apply in case, that creditor would have to acquire knowledge of these circumstances without gross negligence. . Damage claims against the hotel, for which liability is limited under this provision, are time limited to five years after their formation independent of any knowledge of the creditor..

VII. Guest´s Liability for Damage

1.    The guest shall be liable for all damage to buildings or interior furnishings caused by participants or visitors to the event, employees, other third parties associated with the guest and the guest himself.

2.    The hotel may require the guest to provide reasonable security (e.g. insurance, security, deposits and sureties).

VIII. Final Provisions

1.    Amendments and supplements to the contract, the acceptance of applications, or these General Terms and Conditions must be made in writing; otherwise, they are not valid. Unilateral amendments and supplements by the guest are not valid.

2.    Place of performance and payment is the location of the registered office of the hotel

3.    The sole place of jurisdiction for commercial transactions - including disputes about cheques and bills of exchange – is the registered office of the hotel. If a contract partner meets the requirements of § 38 Paragraph 2 of the German Code of Civil Procedure (ZPO) and does not have a general place of jurisdiction in Germany, the registered office of the hotel shall be considered the place of jurisdiction.

4.    The contract is governed by and shall be construed in accordance with the laws of the Federal Republic of Germany. The application of the UN Convention on the International Sale of Goods is precluded.

5.    Should individual provisions of these General Terms and Conditions for Hotel Accommodation Contracts be or become invalid or void, the validity of the remaining provisions shall remain unaffected thereby. In this case, the parties will agree upon a new provision being as close as possible to the sense of the invalid one.

6.    For problems of interpretation between the German and the English version of these Terms and Conditions, the German version takes precedence.

Section 2 Special provision for Hotel Accommodation Contracts

I. Room Availability, Delivery and Return

1.    The guest does not have the right to be provided with specific rooms, if not otherwise agreed in writing in the Hotel Accommodation Contract.

2.    Reserved rooms are available to the guest from 3 p.m. on the agreed arrival date. The guest does not have the right to earlier availability.  Unless a later arrival time has been expressly agreed upon or the respective room has been paid in advance, the hotel is entitled to let the booked room to another guest after 6 p.m. without the guest being able to derive a claim against the hotel from this fact. This is without effect on any claims from the hotel resulting from section 1 clause IV.

3.    Rooms must be vacated and made available untarnished and undamaged to the hotel no later than 11 a.m. on the agreed departure date. The guest is liable for damages pursuant to section 1 clause VII No. 1. After 11 a.m, on the grounds of the delayed vacating of the room resulting in use exceeding the contractual time, the hotel may charge the full agreed accommodation rate for the additional use of the room per day. Further compensation claims by the hotel are not affected by the payment of the agreed price. In case that the hotel has to accommodate other guests in another hotel due to the delayed vacating of the room, the guest will bear all costs incurred. Contractual claims of the guest shall not be created thereby. The guest is free to prove that the charge mentioned above was not incurred or was not incurred in the amount demanded.

II. Preparation of food, overcrowding, entering the hotel room

1.    The preparation of food of any kind in the rooms is prohibited.

2.    Rooms may only be occupied by the indicated number of guests. Section 1 clause III No. 2 and Section 1 clause V No. 3 applies.

3.    The hotel staff is entitled to enter the hotel room during the stay of the guest for cleaning purposes and in emergencies.

Section 3 Special Terms and Conditions for Events

I. Changes in the Number of Participants and Time of Event

1.    If the number of participants changes by more than five per cent, the hotel must be informed at the latest ten business days before the start of the event. Such changes must be approved in writing by the hotel.

2.    A reduction in the number of participants of no more than five per cent by the guest shall be acknowledged by the hotel in its charges. For changes exceeding this amount, the originally agreed number of participants minus five per cent will be used. The guest shall have the right to reduce the agreed price if he can prove that the expenses saved are higher than the sum of the original number of participants less five per cent.

3.    If there is an increase in the number of participants, charges will reflect the actual number of participants. Should the number of participants will be exceeded by more than 5 per cent, the desired sequence of courses cannot be served, unless the hotel has agreed to the amendment.

4.    If the number of participants changes by more than ten per cent, whereupon the guest has no title, the hotel shall be entitled to recalculate the agreed prices and to exchange the confirmed room reservations unless this is unreasonable for the guest.

5.    If the event’s agreed starting or ending times change and the hotel agrees to such alterations, the hotel may reasonably charge for the added cost of stand-by service, unless the hotel is at fault. If the agreed end times of the event are shifted and the hotel has to accommodate guests at another hotel because of the delayed vacating, the guest will bear all costs incurred. Further compensation claims of the hotel shall remain unaffected.

6.    In the case of events continuing after 11 p.m. the hotel may , charge staff costs due to itemization. If they are obliged to travel home at a time when public transport is no longer available and additional costs are incurred, the hotel may as well charge these costs due to itemization.

II. Bringing of Food and Beverages

The guest may not bring food or beverages to events. Exceptions must be agreed in writing with the hotel. In such cases, a charge will be made to cover overhead expenses. If this rule is contravened, the hotel will be entitled to demand lump-sum damages per participant for the loss of the income which the hotel would otherwise have earned from providing goods/services. Section 1 clause IV No. 6 and 7 shall apply mutatis mutandis. The hotel assumes no liability for health damage caused by the consumption of own meals and drinks.

III. Technical Facilities and Connections, Official Permits

1.    To the extent the hotel obtains technical and other facilities or equipment from third parties for the guest at the guest’s request, it acts in the name, with  the authority by order and for account of the guest. The guest is responsible for the careful handling, the proper operation and safe return of the equipment. This also applies for hotel-owned equipment. The guest shall indemnify the hotel for all third-party claims arising from the provision of the facilities or equipment.

2.    Written consent is required if the guest wishes to use his electrical equipment on the hotel’s electrical circuit. The guest shall be liable for malfunctions of or damage to the hotel’s technical facilities caused by using 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 guest is entitled to use his own telephone, fax and data transfer equipment with the hotel’s consent. The hotel may charge a connection fee.

4.    If suitable equipment of the hotel remains unused because the guests own equipment is connected, a charge may be made for lost revenue.

5.    Malfunctions of technical or other equipment provided by the hotel will be remedied immediately whenever possible. The costs will be charged to the guest.

6.    The guest must obtain the official permits that are necessary for the event in due time and at his own expenses. He is responsible for complying with the public law requirements and other provisions in particular, the observances of the provisions of noise protection, the protection of minors, as well as the payment of the GEMA fees. The guest indemnifies the Hotel for any claims associated with this No. 6.

IV. Loss of or Damage to Property brought in

1.    The guest bears the responsibility in case of damage or loss for all objects or exhibits or other items, including personal property, brought into the event rooms or into the hotel. The hotel assumes no liability for loss, destruction, or damage to or of such objects, including any financial damage, with the exception of cases of gross negligence or intent on the part of the hotel. Excepted hereof are cases of damage caused as a result of injury to life, body or health. In addition, in all cases in which the safe-keeping represents an obligation typical for a contract due to the circumstances of the individual case, release from this liability shall be prohibited. Apart from the cases referred to in sentence 4, a custody agreement requires express agreement.

2.    Decoration or decorative material brought in by the guest must conform to the fire safety regulations. The hotel is entitled to demand official evidence thereof. Should such proof not be given, the hotel shall be entitled to remove materials already brought in at guest’s costs. Due to the possibility of damage, the hotel must be asked before objects are assembled or installed.

3.    Objects, exhibits or other items that have been brought in must be removed immediately following the end of the event. If the guest fails to do so, the hotel may remove and store these objects at the guest’s expense. If the objects remain in the room used for the event, the hotel may charge a reasonable compensation for use during the period that they remain there. The guest is free to prove that the above mentioned claim was not incurred or was not incurred to the amount claimed.

4.    Other items left behind by the participants of the event are only forwarded at the request, the risk and costs of the respective participant. The hotel keeps such items for three months. As far as they have any value, they are handed over to the local lost property office afterwards. If no value is apparent, the hotel reserves destruction at the expense of the guest.

5.    The hotel is liable for items brought in by the guest according to section 1 clause VI No. 2.

6.    Material used for packing items supplied for the event by the guest or third party must be disposed by the guest before or after the event. If the guest leaves packing materials in the hotel, the hotel will be entitled for disposal at guests expense.