I. Scope of application
1. These terms and conditions are valid for contracts pertaining to the rental of conference, banquet and event rooms of the hotel for the holding of events such as banquets, seminars, conferences, etc., as well as for all further services and supplies of the hotel (hereinafter uniformly referred to as “Hotel”) in connection therewith.
2. Subletting or re-letting the rooms, areas or display cabinets provided as well as invitations to job interviews, sales or similar events require prior written consent from the hotel, whereby Section 540 (1) sentence 2 of the German Civil Code (BGB) is waived insofar as the customer is not a consumer.
3. The customer's terms and conditions shall only apply if this has been expressly agreed in writing in advance.
II. Conclusion of contract, contracting parties, liability, limitation period
1. The contract is concluded by the hotel's acceptance of the customer's application; these are the contracting parties.
2. In the event that the customer/orderer is not the host itself or if a commercial intermediary or organiser is engaged by the host, the host shall be jointly and severally liable together with the customer for all obligations arising from the contract, provided that the hotel has received a corresponding declaration from the customer.
3. The hotel shall be liable for its obligations under the contract with the due care of a prudent businessperson. Customer claims for damages are excluded. Damages arising from injury to life, body or health if the hotel is responsible for the breach of duty along with any other damages based on an intentional or grossly negligent breach of duty by the hotel all form an exception to this. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Should disruptions or deficiencies occur in the hotel's services, the hotel will endeavour to remedy the situation once it has become aware of it or on immediate complaint by the customer. The customer is obliged to contribute what is reasonable for them in order to remedy the fault and minimise possible damage. Furthermore, the customer is obliged to notify the hotel promptly of the possibility that any exceptionally high damage will occur.
4. All claims against the hotel shall become statute-barred after one year from the commencement of the knowledge-dependent regular limitation period set out in Section 199 of the BGB. Claims for damages are subject to a limitation period of 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 on the part of the hotel.
III. Services, prices, payment, offsetting
1. The hotel is obliged to provide the services ordered by the customer and promised by the hotel.
2. The customer is obliged to pay the agreed or customary prices of the hotel for these and other services used. This shall also apply to the hotel's services and expenses to third parties arranged by the customer, in particular also to claims of copyright collecting societies (for example GEMA).
3. The agreed prices include the respective statutory value added tax. If the period between conclusion of the contract and the event exceeds 4 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 make accrued claims due at any time and to require immediate payment. In the event of payment delays, the hotel is entitled to charge interest at a rate of 8% above the ECB's base rate or, in the event of legal transactions involving a consumer, 5% above the base rate of interest. The customer reserves the right to prove that the damage is lower, and the hotel reserves the right to prove that the damage is higher.
5. The hotel is entitled to require an appropriate advance payment at any time. The sum of the advance payment and the payment dates may be agreed in writing in the contract.
6. The customer may only offset or reduce a claim of the hotel with an undisputed or legally binding claim.
IV. Customer withdrawal (i. e. cancellation) / non-utilisation of the hotel's services (no-show)
1. Customer withdrawal at no cost from a contract agreed with the hotel requires written permission from the hotel. If this does not take place, then in any case, the agreed room rent from the contract as well as services arranged for by third parties shall also be paid if the customer is not making use of contractual services and a further rental is no longer possible. In the event that a flat rate (for example, a conference flat rate) is agreed, the room rent of the room that has been designated for the event shall be assessed. This shall not apply in the event of a breach of the hotel's obligation to demonstrate consideration for the rights, legal assets and interests of the customer if the customer can no longer reasonably be expected to adhere to the contract as a result.
2. To the extent that 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 until that point without triggering any claims for payment or damages on the part of the hotel. The customer's right of withdrawal shall expire if the customer does not exercise their right of withdrawal in writing as regards the hotel by the agreed date, unless a case pursuant to IV number 1 sentence 3 above exists.
3. In the event that the customer withdraws from the contract agreed with the hotel, the hotel shall be entitled to charge up to 85% of the agreed prices as compensation for damages. The following scales of deadlines and percentages apply:
a. 59 - 30 days prior to arrival or start of the event: 35% of the agreed price
b. 29 - 14 days prior to arrival or start of the event: 60% of the agreed price
c. 13 - 0 days prior to arrival or start of the event: 85% of the agreed price.
Individual cancellations up to a maximum of 10% of the originally-booked rooms and conference packages are possible free of charge up to 5 days prior to the start of the event. For events with a booked of participants exceeding 80 persons, a compensation of 30% of the agreed price will be charged in the event of cancellation between 120 and 60 days before arrival or the event date.
4. The agreed price is calculated according to the formula: Menu price - event x participant number. If no price has yet been agreed for the menu, the cheapest 3-course menu of the respective valid event offer is taken as a basis.
5. If a flat-rate per person has been agreed, the hotel is entitled to charge damages according to the scales and percentages mentioned above. This also applies to ancillary services booked by the customer such as in the spa, therapy, sports or beauty farm areas.
6. The deduction of saved expenses is taken into account by the above paragraphs 3. to 5. The customer is free to prove that the above claim did not arise or did not arise to the amount claimed.
V. Withdrawal of the hotel
1. Insofar as the customer's right to withdraw free of charge within a certain period has been agreed in writing, the hotel shall be entitled for its part to withdraw from the contract during this period if there are enquiries from other customers regarding the contractually-booked event rooms and the customer does not waive their right to withdraw when the hotel enquires.
2. If no agreed advance payment or an advance payment requested above in accordance with III clause 5 is made, the hotel shall also be entitled to withdraw from the contract.
3. The hotel is furthermore entitled to withdraw from the contract for an objectively justified reason, for example if
- force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract;
- events are booked under misleading or false statements of material facts, e.g. the client or purpose;
- the hotel has reasonable grounds to believe that the event may jeopardise the proper running of the business, the safety or the reputation of the hotel in the public eye without this being attributable to the hotel's sphere of control or organisation;
- an infringement of I. no. 2 above has taken place.
4. The customer shall have no claim to compensation in the event of justified withdrawal by the hotel.
VI. Changes to participant numbers and the event time
1. The hotel must be notified of any change to the number of participants by more than 5% no later than 5 working days prior to the start of the event; this requires the written consent of the hotel.
2. A reduction to the participant number by the customer of a maximum of 5% will be taken into account by the hotel when billing. In the event of any deviations beyond this, the originally-agreed number of participants minus 5% shall be taken as a basis.
3. In the event of an upward deviation, the actual number of participants will be charged.
4. In the event of any deviations in the number of participants by over 10%, the hotel shall be entitled to reset the agreed prices as well as to exchange the confirmed rooms, unless this is unreasonable for the customer. Furthermore, the scales and percentages for cancellations / non-utilisation of services apply as in IV, Clause 3.
5. If the agreed start or end times of the event are postponed and the hotel agrees to these deviations, the hotel may charge accordingly for the additional service provided, unless the hotel is at fault.
VII. Bringing food and drink
Customers are not permitted to bring food and drink to events. Exceptions require written agreement with the hotel. In these cases, a contribution is charged to cover overhead costs.
VIII. Technical equipment 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. Customers are liable for careful handling and proper return. They shall indemnify the hotel against all claims by third parties arising from the provision of these facilities.
2. The use of the customer's own electrical equipment using the hotel's electricity network requires written agreement. Any malfunctions or damage to the hotel's technical equipment caused by the use of this 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 incurred by the usage as a lump sum.
3. Customers are permitted, with the hotel’s permission, to use their own telephone, fax and data transmission devices. The hotel may require a connection fee for this.
4. If suitable facilities of the hotel remain unused due to the customer connecting their own devices, an default 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 these faults.
IX. Loss of or damage to items brought by the customer
1. Exhibits or other items, including personal items, brought by the customer are at the risk of the customer in the event rooms or in the hotel. 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. This does not apply to damages resulting from injury to life, body or health.
2. The affixing of objects such as decorative material and the hoisting of flags and banners requires the consent of the hotel. Any decorative materials brought by the customer must comply with the 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.
3. Any exhibit or other objects brought or supplied must be removed immediately once the event has ended. This also applies to packaging materials left behind. If the customer fails to do so, the hotel may remove and store the goods 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 is free to prove that the above claim did not arise or did not arise in the amount claimed.
X. Customer liability for damages
1. If the customer is a businessperson, they shall be liable for all damage to the building or inventory caused by event participants or visitors, employees, other third parties from their area or their own person.
2. The hotel may require that the customer provide appropriate security (e.g. insurance, deposits, guarantees).
XI. Final clauses
1. Any amendments or additions to the contract, application acceptance or these terms and conditions for events shall be made in writing. Unilateral changes or additions by the customer are invalid.
2. The place of performance and payment is the registered office of the hotel.
3. The exclusive place of jurisdiction - including for cheque and bill of exchange disputes - is Brakel in commercial transactions. In the event that a contracting party meets the requirements of Section 38 (2) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.
4. German law applies. The application of the United Nations Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
5. In the event that individual provisions of these general terms and conditions for events are invalid or void, this shall not affect the validity of the remaining provisions. The legal regulations also apply.
As at 05/2004