gerneral terms and conditions
events
I. Scope
These terms and conditions apply to contracts for the temporary rental of conference, banquet, and event rooms in the hotel for events such as banquets, seminars, conferences, etc., as well as all related services and deliveries provided by the hotel.
Subletting or re-letting of the rooms, spaces, or showcases provided, as well as invitations to job interviews, sales, or similar events require the prior written consent of the hotel.
The organizer’s terms and conditions shall only apply if expressly agreed upon in writing.
II. Contract Conclusion, Partners, Liability
The contract is concluded by the hotel’s acceptance (confirmation) of the organizer’s application; these are the contracting parties.
If the customer/orderer is not the organizer itself or if a commercial agent or organizer is engaged by the organizer, they shall be jointly and severally liable with the organizer for all obligations under the contract.
The hotel is liable for its obligations under the contract. This liability is limited to performance deficiencies that, except in the typical performance area, are due to intentional or grossly negligent conduct by the hotel. Furthermore, the organizer is obliged to notify the hotel in a timely manner about the possibility of an unusually high damage occurring.
III. Services, Prices, Payment
The hotel is obligated to provide the services ordered by the organizer and promised by the hotel.
The organizer is obligated to pay the agreed prices of the hotel for these services. This also applies to services and expenses of the hotel to third parties in connection with the event. The agreed prices include the applicable statutory VAT.
The agreed prices include the taxes and local charges applicable at the time the contract was concluded. Local charges owed by the guest according to local law, such as a visitor’s tax or city tax, are not included.
In the event of changes to the statutory VAT or the introduction, change, or abolition of local charges on the subject of the performance after the conclusion of the contract, the prices will be adjusted accordingly. For contracts with consumers, this only applies if the period between the contract conclusion and fulfillment exceeds four months.
Hotel invoices without a due date are payable within 10 days from receipt of the invoice without deduction. In case of payment default, the hotel is entitled to charge interest at the base rate according to §1 Discount Rate Transition Act or the corresponding successor rate of the European Central Bank. The organizer retains the right to prove lower damage, and the hotel retains the right to prove higher damage.
The hotel is entitled to demand a reasonable advance payment at any time. The amount of the advance payment and the payment dates may be agreed upon in writing in the contract.
IV. Hotel’s Right of Withdrawal
If the advance payment is not made even after a reasonable grace period set by the hotel with a rejection warning has expired, the hotel is entitled to withdraw from the contract.
Furthermore, the hotel is entitled to withdraw from the contract for a justifiable reason, for example, if:
- Force majeure or other circumstances beyond the hotel’s control make the fulfillment of the contract impossible;
- Events are booked under misleading or false information regarding essential facts, such as the organizer or purpose;
- The hotel has justified reason to believe that the event may jeopardize the smooth operation of the hotel, its security, or its public reputation, without this being attributable to the hotel’s sphere of control or organization;
- There is a breach of the scope in paragraph 2.
The hotel must inform the organizer immediately of the exercise of the right of withdrawal.
The organizer is not entitled to claim damages against the hotel, except in cases of intentional or grossly negligent behavior by the hotel.
V. Organizer’s Right of Withdrawal (Cancellation, Rescission)
If the organizer withdraws, the hotel is entitled to charge the agreed rental fee, provided that a re-rental is no longer possible.
If the organizer withdraws between the 10th and the 4th week before the event date, the hotel is entitled to charge 35% of the lost food sales in addition to the agreed rental fee, and 70% of the food sales for any later withdrawal.
The food sales calculation is based on the formula: menu price banquet x number of persons. If no price had been agreed for the menu, the lowest priced 3-course menu of the respective valid event offer will be taken as the basis.
If a conference package per participant was agreed, the hotel is entitled to charge 60% of the conference package x agreed number of participants for a withdrawal between the 10th and 4th week before the event date, and 85% for a later withdrawal.
Saved expenses as per 2 and 3 are thus compensated. The organizer retains the right to prove lower damage, and the hotel retains the right to prove higher damage.
The decisive date for the cancellation justification is the receipt of the cancellation and the statutory conditions applicable at the time of cancellation. This means that if a later prohibition/order prevents accommodation/service provision, the claim for cancellation fees still exists, as the service provision would have been possible at the time of receipt of the cancellation.
VI. Changes in the Number of Participants and Event Time
Any change in the number of participants by more than 5% must be communicated to the banquet department no later than 5 working days before the event start; it requires the hotel’s consent.
A reduction in the number of participants by up to 5% will be recognized by the hotel in the billing. For deviations exceeding this, the originally reported number of participants minus 5% will be taken as the basis.
In case of deviations upward, the actual number of participants will be charged.
For deviations in the number of participants by more than 10%, the hotel is entitled to adjust the agreed prices and change the confirmed rooms, unless this is unreasonable for the organizer.
If the agreed start or end times of the event are postponed without the hotel’s prior written consent, the hotel may charge additional costs for the provision of services, unless the hotel is at fault.
VII. Bringing Food and Drinks
The organizer may not bring food and drinks to events. Exceptions require a written agreement with the banquet department. In these cases, a contribution to cover overhead costs will be charged.
VIII. Technical Equipment and Connections
If the hotel procures technical and other equipment from third parties for the organizer at the organizer’s request, it acts in the name of, with the authority of, and for the account of the organizer. The organizer is liable for the careful handling and proper return of the equipment. The organizer indemnifies the hotel against all claims by third parties arising from the provision of these facilities.
The use of the organizer’s own electrical equipment using the hotel’s power network requires the hotel’s written consent. Any disturbances or damages to the hotel’s technical equipment caused by the use of these devices are at the organizer’s expense, unless the hotel is responsible. The hotel may charge a flat fee for the electricity costs incurred.
With the hotel’s consent, the organizer may use their own telephone, fax, and data transmission equipment. The hotel may charge a connection fee for this.
If suitable hotel equipment remains unused due to the connection of the organizer’s equipment, an outage fee may be charged.
Disruptions to technical or other equipment provided by the hotel will be remedied immediately if possible. Payments cannot be withheld or reduced unless the hotel is responsible for these disruptions.
IX. Loss or Damage of Brought Items
Exhibition or other items, including personal items, brought by the organizer are at the organizer’s risk in the event rooms or hotel. The hotel is not liable for loss, destruction, or damage, except in cases of gross negligence or intent by the hotel.
Decorative materials brought in must meet fire safety requirements. The hotel is entitled to demand official proof thereof. Due to possible damages, the setup and installation of items must be agreed upon with the hotel in advance.
Exhibition or other items brought in must be removed immediately after the event ends. If the organizer fails to do so, the hotel may remove and store the items at the organizer’s expense. If items remain in the event room, the hotel may charge room rent for the duration of the stay. The organizer retains the right to prove lower damage, and the hotel retains the right to prove higher damage.
X. Organizer’s Liability for Damages
Changes or additions to the contract, the acceptance of the application, or these terms and conditions for events should be made in writing. Unilateral changes or additions by the organizer are invalid.
The place of fulfillment and payment is the hotel’s location.
The exclusive place of jurisdiction – also for check and bill of exchange disputes – in commercial transactions is the hotel’s location. If a contracting party fulfills the requirements of § 38 paragraph 1 ZPO and has no general place of jurisdiction in the country, the place of jurisdiction is the hotel’s location.
German law applies.
Should individual provisions of these general terms and conditions for events be ineffective or void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions apply.
Status as of 28.10.2020
