Terms and Conditions Events

GENERAL TERMS AND CONDITIONS FOR EVENTS (GC)

I. Scope of Application

1. These Terms and Conditions shall apply to contracts for the rental of conference, banquet and event rooms of the Hotel for the holding of events such as banquets, seminars, conferences, exhibitions and presentations, etc., as well as to all other services and deliveries of the Hotel in connection therewith.
2. The subletting or reletting of the rooms, areas or showcases provided, as well as invitations to interviews, sales or similar events, shall require the prior written consent of the hotel, whereby Section 540 (1) sentence 2 of the German Civil Code (BGB) shall be waived insofar as the customer is not a consumer.
3. The customer's terms and conditions shall apply only if expressly agreed in writing.

II. Conclusion of Contract, Contracting Parties; Statute of Limitations

1. The contract shall be concluded by the hotel's acceptance of the customer; these are the contracting parties.
2. If the customer/purchaser is not the organiser himself or if a commercial intermediary and organiser is engaged by the organiser, the organiser shall be jointly and severally liable with the customer for all obligations arising from the contract, provided the hotel has received a corresponding declaration from the organiser.
3. The hotel shall be liable for its obligations under the contract with the due care of a prudent businessman. Claims of the customer for damages are excluded. Excluded from this are damages arising from injury to life, body or health if the hotel is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by the hotel and damages based 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. In the event of disruptions or defects 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 obligated to contribute what is reasonable to him in order to remedy the disruption and keep any possible damage to a minimum. Furthermore, the customer is obliged to inform the hotel in good time of the possibility of an extraordinarily high loss.
4. All claims against the hotel shall generally become statute-barred one year after the statutory commencement of the limitation period. Claims for damages shall become statute-barred after five years, irrespective of knowledge. The reductions in the statute of limitations do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

III. Services, Prices, Payment, Offsetting

1. The hotel is obligated to provide the services ordered by the customer and promised by the hotel.
2. The customer is obligated to pay the hotel's agreed or customary prices for these and other services used. This shall also apply to services and expenses of the hotel to third parties arranged by him, in particular also to the claims of copyright collecting societies.
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 and if the price generally charged by the hotel for such services increases, the contractually agreed price may be increased appropriately, but by no more than 5%.
4. Invoices of the hotel without a due date are payable without deduction within 10 days of receipt of the invoice. The hotel is entitled to declare accrued claims due at any time and to demand immediate payment. In the event of default in payment, the hotel shall be entitled to charge the currently applicable statutory default interest in the amount of 8% or, in the case of legal transactions involving a consumer, in the amount of 5% above the base interest rate. The hotel reserves the right to prove damages.
5. 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 in writing in the contract.
6. The customer may only set off or reduce a claim against a claim of the hotel with an undisputed or legally binding claim.

IV. Withdrawal of the customer

1. The customer's withdrawal from the contract concluded with the hotel free of charge shall require the hotel's written consent. If such consent is not given, the agreed room rent under the contract as well as services arranged with third parties shall be payable in any case even if the customer does not make use of contractual services and subletting is no longer possible. This shall not apply in the event of a breach by the hotel of its duty to have due regard for the rights, legal interests and interests of the customer, if the customer can no longer reasonably be expected to adhere to the contract as a result or is entitled to any other statutory or contractual right of withdrawal.
2. If a date for withdrawal from the contract free of charge has been agreed in writing between the hotel and the customer, the customer may withdraw from the contract up to that date without triggering any claims for payment or damages on the part of the hotel. The customer's right of withdrawal shall expire if he does not exercise his right of withdrawal in writing vis-à-vis the hotel by the agreed date, unless a case pursuant to IV Clause 1, Sentence 3 above exists.
3. If the customer withdraws only between the 12th and the 6th week before the date of the event, the hotel shall be entitled to charge 60% of the contract volume. In the event of cancellation from the 6th week onwards, 90% of the contract volume shall be charged. If services were added or the number of persons increased after conclusion of the contract, the cancellation fee shall be calculated on the basis of the volume booked at the time of cancellation.
4. If a different cancellation period has been contractually agreed, this shall apply instead of clause 3.
5. The deduction of saved expenses is taken into account by clauses 3 to 4 above. The customer is at liberty to prove that the above claim has not arisen or has not arisen in the amount claimed.

V. Cancellation by the Hotel

1. If the Customer's right to withdraw from the contract 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 within this period of time if there are enquiries from other Customers regarding the contractually booked event rooms and the Customer does not waive its right to withdraw from the contract upon inquiry by the Hotel.
2. If an agreed advance payment or an advance payment requested in accordance with III.5 above is not made, the hotel shall also be entitled to withdraw from the contract.
3. Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, for example if:
4. force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract;
5. events are booked under misleading or false statements of material facts, e.g. of the customer or purpose;
6. the hotel has reasonable grounds to believe that the event may jeopardise the smooth operation of the business, the safety or the reputation of the hotel in public without this being attributable to the hotel's sphere of control or organisation;
7. there is a breach of the above scope of application I clause 2.
8. In the event of a justified withdrawal by the hotel, the customer shall have no claim to compensation.

VI. Changes in the number of participants and the time of the event

1. The hotel must be notified of any change in the number of participants no later than five working days prior to the commencement of the event; such change shall require the hotel's written consent.
2. Any such timely reduction in the number of participants by the customer shall be acknowledged by the hotel in the settlement of accounts. In the event of deviations notified at a later date, the originally agreed number of participants shall be used as a basis. The customer shall have 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.
3. In the event of an upward deviation, the actual number of participants shall be charged.
4. In the event of deviations in the number of participants by more than 10%, the hotel shall be entitled to reset the agreed prices and to change the confirmed rooms, unless this is unreasonable for the customer.
5. If the agreed start or end 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.

VII. Bringing Food and Beverages

1. As a general rule, the customer may not bring food and beverages to events. Exceptions require a written agreement with the hotel. In such cases, a contribution to cover overhead costs shall be charged.

VIII. Technical facilities and connections

1. Insofar as the Hotel procures technical and other equipment 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 the careful handling and proper return of such equipment. 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 hotel's written consent. Any malfunctions or damage to the hotel's technical equipment resulting from the use of such equipment shall be borne by the customer insofar as the hotel is not responsible for such malfunctions 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 equipment. 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 if possible. Payments may not be withheld or reduced insofar as the hotel is not responsible for such disruptions.

IX. Loss of or damage to items brought along

1. Exhibits or other items, including personal items, brought to the event 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 intent on the part of the hotel. Excluded from this are damages arising from injury to life, limb or health. In addition, all cases in which, due to the circumstances of the individual case, safekeeping constitutes a duty typical of the contract, are excluded from this exemption from liability.
2. Decorative material brought to the event must comply with fire protection requirements. The hotel is entitled to demand 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 installation and attachment of objects must be agreed with the hotel in advance.
3. Any exhibition or other items brought in 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. The customer shall be at liberty to prove that the above claim has not arisen or has not arisen in the amount claimed.

X. Liability of the Customer for Damages

1. If the customer is an entrepreneur, he shall be liable for all damage to the building or inventory caused by event participants or visitors, employees, other third parties from his sector or himself.
2. The hotel may require the customer to provide appropriate security (e.g. insurance, security deposit, guarantees).

XI. Final Provisions

1. Amendments or supplements to the contract, the acceptance of applications or these Terms and Conditions for Events should be made in writing. Unilateral amendments or supplements by the client are invalid.
2. The place of performance and payment 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 contracting party fulfils the prerequisite of § 38 paragraph 2 of the German Code of Civil Procedure (ZPO) 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. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
5. The hotel's house rules permit a maximum volume inside the event premises of 80 dB. The Organiser is obliged to comply with this and to adjust the volume if necessary at the request of the hotel staff. Should the event organiser disobey the hotel's house rules, the hotel shall be entitled to pass on any fines to the event organiser or to cancel the event.
6. Should individual provisions of these Terms and Conditions for Events be invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.