General Terms and Conditions for Hotel Accommodation and Events - Gartenhotel Heusser
§ 1 Scope
- These terms and conditions govern contracts for the rental use of hotel rooms, conference, banqueting and function rooms for events such as banquets, seminars, conferences etc., as well as all other associated services and goods provided by the hotel.
- The under- or sub-lease, as well as the exploitation of the rented room for a purpose other than the previously agreed requires a written consent of the hotel.
- The Customer Trading Conditions apply only if this is agreed in advance.
§ 2 the conclusion of the contract, the contracting parties, liability; limitation period
- The contract comes through the acceptance of the application of the customer by the hotel. The hotel has the right to confirm the reservation in writing
- The parties to the contract are the hotel and the customer. If a third party ordered services for the customer, they shall be jointly and severally liable for all the obligations arising from the hotel accommodation contracts, insofar as the hotel has a corresponding statement given by the third party.
- If the buyer/customer is not the organizers of the event themselves and a special agent has been hired to organize the event on the customer's behalf, they shall be jointly and severally liable for these actions together with the organizers - it concerns all the obligations arising from the contract.
- The hotel shall be liable for its obligations arising from the contract. In the non-typical service areas the liability is restricted to erase the cases of the intent and gross negligence. In the rest of the cases, the customer/supplier is obliged to inform the hotel as soon as possible that an exceptionally high damage may occur.
- The customer may make claims not later than within 6 months from the date of a stated inadvertence.
- This limitation of liability and also the short limitation period shall apply in favour of the hotel and also at breaking the provisions of the contact and terminating the agreement.
§ 3 Services, Prices, Payment, Set-off
- The hotel is obligated to keep the rooms reserved by the customer available and to provide the services agreed upon.
- The customer is obliged to pay the prices being in force for all the used services. It concerns the arranged services and expenses of the hotel to third parties.
- The agreed prices include value-added tax as required by law. If the period between conclusion of the contract and contract itself is longer than 4 months and the prices charged by the hotel for such services increase, this can be proportionate to the contractually agreed price, exceeding it by no more than 10%.
- The hotel may change the prices if the customer later changes the number of booked rooms, the services provided by the hotel or the length of the stay of guests and it is afterwards accepted by the hotel.
- The hotel invoices are payable immediately without a due date counting from the date when the customer receives the invoice and does not express any reservation regarding its content. The hotel is entitled to demand the accrued amounts at any time and without undue delay. If the payment is delayed, the hotel shall be entitled to the interest of 4% of the current discount rate of the Deutsche Bundesbank. The customer has the right to provide the hotel with a proof of a lower debt.
- The hotel is entitled, at the conclusion of the contract or thereafter, to observe the legal provisions for package tours to require a reasonable advance payment or security deposit. The amount of the advance payment and payment dates may be agreed in writing in the contract.
§ 4 Cancellation by the customer (cancellation)
- The customer's cancellation of the contract concluded with the hotel requires the written consent of the hotel. If it is not given, then the price agreed in the contract must be paid even if the customer does not avail himself of the contractual services. This does not apply in the event of infringement of the obligation to respect the rights of the hotel, all rights and interests of the customer, if this adherence to the contract or any other legal or contractual right of rescission is no longer acceptable.
- Cancelling the contact between the hotel and the customer is possible if a date for the free withdrawal from the contract was agreed in writing, up to that date without payment or compensation claims by the hotel. The right of withdrawal of the customer becomes invalid, if he did not use his right to withdraw from the agreed date in writing, unless a case of the resignation of the customer in accordance with paragraph 4 No. 1, Sentence 3 takes place.
- When the customer does not use some of the booked rooms, the hotel cannot offer them to other guests for additional charge. The rooms are not leased elsewhere, so the hotel can request the contractually agreed remuneration and the deduction of the hotels opt for saved expenditures. In this case, the customer is obliged to pay at least 80% of the contractually agreed rate for the overnight stays with or without breakfast, 70 percent for the room and half-board, and 60 percent for the room and full-board arrangements. The customer shall be free to prove that the above mentioned claim did not occur or is not as high as the demanded amount.
§ 5 Resignation of the Organizer (Withdrawal from the contract)
Should the Organizer resign from the contract, the hotel is entitled to charge the agreed costs, provided that a subleasing is no longer possible.
The following cancellation policy is valid:
- A change in the number of participants for banquets, conferences, and seminars without overnight stay must be submitted to the hotel at least 3 days before the start of the event. Up to 10% reduction within this period will be accepted by the hotel. For further reductions, the hotel shall be entitled to claim the originally agreed upon number of participants minus 10% to be taken into account.
- In case of late incoming reductions the hotel is entitled to charge the full number of participants originally notified.
- In the case of an upward change, the actual number of participants is calculated.
- If there are changes in the number of participants to more than 10% the hotel is entitled to the agreed prices and add new notes to exchange the confirmed rooms.
- Without the prior written consent of the hotel, the agreed initial or end times of the event cannot be changed; otherwise the hotel can charge additional costs of motivation, unless the hotel is at fault.
§ 6 Resignation of the hotels, agreed right of withdrawal
- If the customer is according to the resolutions of the contract - agreed in writing - entitled to withdraw from the contract within a certain period, the hotel is entitled to withdraw from the contract on its part, if other customers enquire about those contractually reserved rooms and halls, and the customer requested by the hotel did not use his right to resign.
- If an agreed advance payment even after a reasonable grace period set by the hotel with a threat - that the hotel may otherwise withdraw from the contract - has not been made, then the hotel is likewise entitled to withdraw from the contract.
- Furthermore, the hotel is entitled to resign from the contract for justifiable extraordinary cause, for example, if:
- Force majeure or other circumstances for which the hotel is not responsible and which make it impossible to fulfill the contract.
- Rooms or events with misleading or false information regarding the material facts, such as the identity of the customer or of the purpose to be posted
- The hotel has reasonable grounds to consider that the use of the hotel's services might jeopardize the smooth operation, safety or reputation of the hotel in the public, without the sphere of control or organization attributable to the hotel.
- A violation against the above scope (paragraph 2) is present.
- The hotel will inform the customer about exercising the hotel’s right of withdrawal without delay.
- When the hotel is entitled to withdraw from the contract there is no right of the customer to claim damages
§ 7 Check-in, transfer and return
- The customer does not acquire the right to provision of certain rooms.
- Reserved rooms are available to the customer starting at 3:00 p.m. on the agreed arrival date. The customer shall have no claim to earlier availability.
- The rooms are on the agreed departure date the hotel no later than 11:00 am. vacated and made available. If the Guest does not leave his room by 6:00 pm, the hotel shall charge 50% of the full price list, later than 6:00 pm 100 %.
§ 8 Bringing food and beverages
The organizer shall not bring food or beverages to the events without a written agreement with the banquet department. In these cases, a contribution to cover the general costs is calculated.
§ 9 Technical facilities and connections
- If the hotel rents any technical equipment for the organizer from third parties, it works on behalf and in the name of the organizer.
- Using his own electrical equipment by the organizer requires a written consent of the hotel. If by the use of this equipment any malfunctions or damage to the technical facilities of the hotel occur, they are borne by the organizer, in so far as the hotel is not responsible. The hotel may charge a flat rate for the electricity costs incurred through the use of these devices.
- If the hotel consents for these actions, the organizer is entitled to use his own telephone-, fax- and data transmission devices. The hotel may charge a fee.
- If the organizer brings his own equipment and some of the devices provided by the hotel stay unused, a charge can be calculated.
- Faults on the hotel's technical or other setup-solutions are eliminated immediately if possible. Payments may not be withheld or reduced to the extent that the hotel was not responsible for such malfunctions.
§ 10 Waste Disposal
Should the organizer bring secondary packaging, cartons, etc. which have not be disposed by the organizer, the hotel is entitled to charge a flat-rate of the prepaid disposal fee.
§ 11 Liability of the Hotel
- The hotel shall be liable for the due care and diligence of a prudent businessman. This liability is limited, however, to non-typical service areas in the loss of power, damage, consequential damage or faults of the intent or gross negligence on the part of the hotels. Should faults or defects in the performance of the hotel occur, the hotel will make amends for the defects as soon as possible. The customer is obliged to contribute a reasonable assistance to resolve the problem and to keep any possible damage at a minimum.
- The hotel is liable for things brought the customers according to the statutory provisions, it is up to one hundred times of the room rate, not more than EUR 2,000.00 . The hotel is not responsible for loss of money and valuables, which are not kept in the safe-deposit box. The hotel recommends making use of this possibility. The liability claims expire, if not the customer does not submit them immediately after learning of the loss, destruction, or damage (Section 703 of the German Civil Code).
- The unlimited liability of the hotel is governed by the statutory provisions of law.
- As far as the customer parking is available in the hotel garage or a hotel parking lot, even if a fee is made available, it does not constitute a safekeeping agreement. The hotel does not bear any liability for the loss of or damage to the motor vehicles parked or maneuvered on the grounds of the hotel and for their contents. The hotel does not bear any liability, except in the case of willful intent or gross negligence. This also applies to the people employed by the hotels.
- The Hotel wake-up calls are carried out with great care. Compensation claims, except for gross negligence or intentional acts, are excluded.
- Messages, mail and merchandise deliveries for the guests are handled with care. The hotel is responsible for delivering, storing and - on request - forwarding such items for a fee. Claims for damages, except for gross negligence or intentional acts, are excluded.
- The brought-in exhibition items or other media, including personal items are located on the organizer's risk in the function rooms or in the hotel. The hotel does not bear any liability for the loss, destruction or damage of these objects, except in cases of gross negligence or intent of the hotel.
- Decorations brought in must conform to the fire regulations permit. The hotel is entitled to verify if they meet the requirements. Due to the possibility of damage, any drawings require a consultation with the hotel.
- The objects for exhibit or other objects are immediately taken off at the end of the event. If the organizer fails to remove them, the hotel may remove and store the objects at the expense of the organizer. The objects remain in the function room, the hotel can charge rent for the duration of their stay. The organizer may prove that the amount is lower than the demanded one.
- The hotel has several ponds, as well as an indoor pool. Children can be supervised if necessary. The hotel bears no liability for possible accidents.
§ 12 Liability of the organizer for damage
- The event organizer is liable for all damage to the building or inventory caused by him, his participants or visitors, employees, or other third parties.
- The Hotel may require from the organizer appropriate documents (e.g. insurance, deposits, and guarantees).
§ 13 Final provisions
- Amendments or supplements to the contract, the acceptance of these Terms and Conditions for Hotel Accommodation should be made in writing. Unilateral changes or additions introduced by the customer are invalid.
- Performance and the services and the payment takes place in the seat of the hotel.
- The exclusive place of jurisdiction - also for checks and exchange disputes - is the commercial court in the seat of the hotel. Insofar as a Contracting Party according to the condition of Article 38 (1) of the civil procedure code of Germany (ZPO) does not have a general place of jurisdiction in Germany, the court in the seat of the hotel is valid.
- The provisions of the German law shall apply.
- Should individual provisions of these General Terms and conditions be or become invalid or void, the validity of the remaining provisions is not affected. Moreover, the statutory provisions apply.
Mandatory information according to the Regulation (EU) No 524/2013 of the European Parliament and of the Council:
Follow this link to the website of the European Commission’s entity for online dispute resolution for consumer disputes: http://ec.europa.eu/consumers/odr/ - further information is expected to be available there from 15 February 2016. Should you have any initial questions concerning a potential dispute resolution, please email us at email@example.com."