1. Scope of application
1.1 These General Terms and Conditions apply to the rental of conference, banquet and exhibition rooms, room reservations, related hospitality and other services or supplies.
1.2 The Contract is based on the services listed in the reservation contract and/or the reservation confirmation.
1.3 By signing the Contract, the Client or Booking Party fully accepts
the reservation contract components and services.
1.4 Subletting or re-letting the rooms provided and using them for purposes other than accommodation requires the Hotel’s prior consent in text form, with sec. 540(1)(2) of the BGB [Bürgerliches Gesetzbuch – German Civil Code] not being applicable in the case where the Client is no consumer.
1.5 The Client’s or Booking Party’s general terms and conditions only apply provided that the Parties expressly agreed upon this in advance.
This applies also in the event that we failed to expressly object to applicability of the Client’s general terms and conditions.
Should contradictions exist between the general terms and conditions agreed upon by the Parties, the present General Terms and Conditions prevail.
2. Contract conclusion; contractual partner
2.1 The Hotel and the Client (recipient of the service) are the parties to this Contract. The Contract is concluded by the Hotel accepting the Client’s application
For as long as theHotel is not provided with a deviating and signed reservation contract, it is entitled to sell the rooms, services and supplies listed in the reservation contract in other ways.
The Hotel is bound by the contractual offer for a 14-day period from the day of
offer preparation. Should the Client fail to submit to the Hotel a signed version of the reservation contract within the above period, the offer is null and void.
The Hotel has the right, but not obligation, to confirm in writing any and all bookings for rooms made only by e-mail or telephone.
2.2 If the Client (Recipient of the Service) makes any reservations for third parties, the party confirming all the services indicated in the reservation contract and any and all associated agreements (Booking Party) is the party to the relevant contract.
2.3 In the case where a third party (Booking Party) places an order on behalf of the Client, that Booking Party is jointly and severally liable to the Hotel, together with the Client, for all obligations arising from the reservation contract.
2.4. Insofar as the Hotel and the party making the reservation (Booking Party) agreed upon settlement processes according to which the services are partially or totally to be paid by the Recipient of the Service (Client) (so-called self-payment agreements), joint and several liability in terms of the above is in no case affected by this.
2.5. Optional dates are binding for both Contractual Parties. The Hotel reserves the right to let all the rooms and spaces originally reserved to other parties after that period expired.
2.6. If group bookings are made for rooms, events and/or conferences, the final list of the participants’ names is to be submitted to the Hotel no later than 14 days prior to their arrival. In the event that changes are requested to be made to the list of participants, the Hotel reserves the right to separately charge the Contractual Partner for the expenses the Hotel incurs in this regard.
3. Services, prices, payment, offsetting
3.1 The Hotel shall keep all the rooms and conference, banquet and/or exhibition spaces booked by the Client available and render any and all contractual services. The Client acquires no claim for specific rooms, conference, banquet and/or exhibition spaces to be provided, unless the Hotel confirmed that it is willing to provide such specific room and/or spaces in writing.
3.2 The Hotel reserves the right to provide the Client with equivalent rooms and/or spaces other than those confirmed in writing in the Contract if this is required for organisational reasons or if the number of participants considerably deviates from the number of persons listed in the reservation.
3.3 The Client is obliged to pay the Hotel’s prices for the rooms/spaces provided to the Client and other services accepted by it which the Parties contractually agreed upon or which are valid at the time of booking. This applies also to third-party services which the Client booked itself or which it had the Hotel book and for which the Hotel makes advance payments. The Hotel has the right to request reasonable surcharges per hour or a part thereof if the Client makes use of standard hotel or restaurant services which require the provision of staff even after midnight.
3.4 The contractual prices include taxes and local charges applicable at the time of contract conclusion. They do not include local charges which the Client, based on municipal law, must pay itself, such as visitor’s taxes.
Prices will be adjusted following contract conclusion if statutory value-added tax rates change or if local charges on the services are introduced, changed or removed. In the case of contracts with consumers, this applies only if the period between contract conclusion and performance exceeds four months.
3.5 If the period between contract conclusion and fulfilment exceeds four months and if the price generally charged by the Hotel for these types of service increases after contract conclusion, for example due to changes in market conditions, the Hotel may increase the contractual price by a reasonable amount, but by no more than 5 %. Upon request, the Hotel shall provide corresponding evidence.
3.6 The Hotel may subject its approval of subsequent reductions of the number of hotel rooms, guests or conference, banquet and exhibition spaces, the Hotel’s services or the term of the Client’s stay to the Hotel increasing the price for such hotel rooms, guests or conference, banquet and exhibition spaces and/or for other the Hotel’s other services.
3.7 The Client undertakes to make use of the services it had ordered.
Invoices of the Hotel not indicating a payment date are due for payment, without any deductions, within fourteen days from receiving the invoice. This applies also to services provided and expenses made by the Hotel to third parties in connection with an event.
The Hotel may request the Client at any time to immediately effect any outstanding payments.
In the event of invoices being corrected (in particular corrections of the address of the Recipient of the Service) at the Contractual Partner’s request which are not attributable to incorrect booking by the Hotel, the Hotel reserves the right to charge a processing fee corresponding to the efforts involved, at least to the amount of € 25.00 per corrected invoice. The original invoice shall in any case be returned to the Hotel.
In the event that the Client fails to pay on time, the statutory provisions apply. The Hotel is entitled to charge applicable statutory default interest to the amount of currently 8 % or, in the case of legal transactions involving a consumer, to the amount of 5 % above the base rate. The Hotel reserves the right to produce evidence showing larger damage, with the Client having the same right regarding smaller damage. The Hotel is entitled to charge dunning costs to the amount of € 10.00 for each dunning letter sent to the Client.
3.8 The Hotel is entitled to demand a reasonable advance payment or security deposit from the Client at the time of contract conclusion, for example in the form of a credit card guarantee. The amount and time of advance payments and/or provision of security deposits must be contractually agreed upon in text form. With advance payments or security deposits for holiday packages, the legal provisions will not be affected. In the event that the Client fails to pay on time, the statutory provisions apply.
3.9 In justified cases, e.g. the Client not paying on time or the scope of the Contract being extended, the Hotel may – even after the Contract has already been concluded and prior to the beginning of the stay – demand an advance payment or security deposit within the meaning of para. 3.8 above or an increase in the advance payment or security deposit agreed in the Contract; such advance payment or security deposit may be equivalent to the total contractual remuneration.
Furthermore, the Hotel is entitled to demand a reasonable advance payment or security deposit within the meaning of para. 3.8 above from the Client at the beginning of and during the stay for existing and future claims arising from the Contract, unless such payment has already been made in accordance with para. 3.8 above and/or this clause para. 3.9.
3.10 The Client may only offset against undisputed claims or claims of the Hotel which a court determined to legally exist.
3.11 The Hotel has a lien with regard to all objects brought into the Hotel by the Clients to secure its claims (sec. 704 of the BGB).
4. Withdrawal, cancellation, reduction, non-appearance of the contractual party
4.1 Reservations pursuant to para. 2.1 are binding for both Contractual Parties.
4.2 If the Contractual Parties agreed upon no right of withdrawal, if such right has already expired, if such right is not provided for by applicable laws and if the Hotel does not consent to the Contract being cancelled, the Hotel still has a claim for
payment of contractual remuneration, even if the Client does not use the services.
4.3 However, a reservation may be cancelled in whole or in part if the following conditions are met:
4.3.1 Reservations for up to 9 rooms
Reservations of up to and including 9 rooms may be cancelled on a free-of-charge basis until 6.00 p.m. on the day of arrival.
If the Client cancels after 6.00 p.m. on the day of arrival or if it fails to show, the Hotel reserves the right to charge the Client 90 % of the total price.
4.3.2 Reservations for groups from 10 rooms
Without contractual arrangement, cancellations will be charged as follows:
- up to four (4) weeks prior to arrival: cancellation free of charge;
- later than four (4) weeks prior to arrival: 90 % of the total price;
- no-show: 90 % of the total price.
4.3.3 Reservations during trade fairs and major events, regardless of the number of booked rooms
Without contractual arrangement, cancellations will be charged as follows:
- up to six (6) months prior to arrival: cancellation free of charge;
- from six (6) months prior to arrival: 50 % of the total price;
- from four (4) weeks prior to arrival: 90 % of the total price;
- no-show: 90 % of the total price.
4.3.4 Conference, banquet and/or exhibition rooms
Cancellations will be charged as follows:
- cancellations up to 14 days prior to the date of the event: free of charge;
- fourteen (14) to seven (7) days prior to the date of the event: 20 % of the total price;
- less than seven (7) days prior to the date of the event or no-show: 50 % of the total price.
4.3.5 Should only single overnight stays (room nights) be cancelled, the Hotel has a claim for the payment of the cancellation fees pursuant to sub-paras. 4.3.1 to 4.3.3 in proportion to the cancelled services.
4.3.6 If The Contractual Partner made advance payments or security deposits as agreed under the Contract, they will only be refunded if they exceed the Hotel’s claim for outstanding remuneration.
4.3.7 In the event of cancellation or no-show, the Hotel reserves the right to release for rental again any booked rooms or conference, banquet and/or exhibition spaces for which no guarantee in the form of credit cards or a written acceptance of costs by a company or group was provided.
The Hotel will offset against the Client’s payments any incoming payments from letting the rooms or conference, banquet and/or exhibition spaces to other parties and saved expenses.
In this case, the Hotel’s claim for remuneration will be reduced by the amount which third parties paid to the Hotel for the Client’s cancelled service, with offsetting being limited to the Hotel’s total claim for remuneration against the Client.
4.3.8 Written cancellation shall be delivered to the Hotel.
5. Withdrawal by the hotel
5.1 Insofar as the Contractual Parties agreed that the Client has a right to withdraw from the Contract free of charge within a certain period of time, the Hotel in return is entitled to withdraw from the Contract during this period if it received queries from other clients regarding the booked rooms pursuant to the Contract and if the Client does not waive its right of withdrawal from the Contract after being requested by the Hotel to make a decision within a reasonable deadline.
5.2 If the Client fails to make an advance payment or security deposit agreed or demanded in accordance with para. 3.8 and/or para. 3.9 even after a reasonable grace period set by the Hotel expired, the Hotel is also entitled to withdraw from the Contract.
5.3 Furthermore, the Hotel is entitled to withdraw from the Contract for cause if objectively justified reasons exist, in particular if
– force majeure or other circumstances beyond the Hotel’s control make it impossible for the Hotel to fulfil the Contract;
– rooms or other spaces are booked culpably indicating misleading or false information or concealing material facts, with “material facts” including the Client’s identity, the ability to pay or the purpose of the stay;
– the Hotel has reason to believe that use of the services may jeopardise smooth operation of its business, the security or the reputation of the Hotel in the public, without this being attributable to the Hotel’s sphere of control or organisation;
– the purpose and/or reason for the stay is unlawful;
– there is a breach of para. 1.4 above.
5.4 Justified withdrawal from the Contract by the Hotel establishes no a claim whatsoever for damages on the part of the Client.
6. Provision of rooms; check-in/check-out; breakfast
6.1 The Client acquires no claim whatsoever regarding the provision of specific rooms/spaces, unless the Parties expressly agreed on this.
6.2 Booked rooms will be available to the Client from 2.00 p.m. on the contractual day of arrival; the Client has no right to earlier provision. Should the Client request the room(s)/space(s) to be provided at earlier times, the Hotel reserves the right to charge the Client a flat rate of € 40.00 per room or space for such early provision. The Hotel reserves the right to let the rooms/spaces agreed in the reservation contract to other parties if the Client fails to arrive by the agreed beginning of the period on the reservation date or, in the case of room reservations, by 6.00 p.m. at the latest. Reserved rooms/spaces will available to the Client only for the contractual period. Using the reserved rooms/spaces beyond the agreed period requires the prior written consent of the Hotel.
6.3 On the agreed day of departure, the rooms shall be vacated and made available to the Hotel by 11.00 a.m. at the latest, with the key card being handed over to the receptionists. Thereafter, the Hotel may charge 50 % of the full accommodation price (list price) for late vacating the room(s) and using it/them in excess of the contractual period until 6.00 p.m. and 100 % of that price from for vacating and using them after 6.00 p.m.; this does not establish any contractual claims in favour of the Client. The latter has the right to prove that the Hotel acquired no claim for usage fee payment at all or that such claim is much smaller.
6.4. If the Client books the “breakfast” service, this includes the right to eat from the breakfast buffet in the rooms and at the times specified by the Hotel. Bringing and/or taking food and drinks is generally not permitted; the Hotel’s prior consent in this regard will be required. In this case, the Hotel reserves the right to charge the Client for the extra services according to the price of a packed lunch.
7. Liability of the hotel
7.1 The Hotel is liable for damage for which it is responsible and which arises from injuries to life, limb or health. Furthermore, the Hotel is liable for any other damage based on intentional or grossly negligent breaches of duty by the Hotel or on intentional or negligent breaches of duties which are typical for hotels under this type of contract. Any breaches of duties committed by the Hotel’s legal representatives or vicarious agents are generally considered breaches by the Hotel. Further claims for damage are excluded, unless sec. 7 expressly provides otherwise. Should disruptions or defects occur with the Hotel’s services, the Hotel will try and remedy the situation once it became aware of that situation or following the Client’s immediate complaint. The Client is obliged to make all reasonable efforts and to contribute to an acceptable extent to remedy such disruptions and to keep possible damage to a minimum.
7.2 The Hotel is liable to the Client for all items brought into the Hotel in accordance with the statutory provisions; the Hotel recommends using the hotel or room safe. If the guest intends to bring money, securities and other valuables with a value of more than € 800 or any other items with a value of more than € 3,500 to the Hotel, he/she is obliged to conclude a separate storage agreement with the Hotel.
7.3 Insofar as a parking space is made available to the Client at the garage or the general car park of the Hotel – also against the payment of a fee –, provisions must not be considered conclusion of such storage agreement. In the event that any vehicles parked or manoeuvred on the Hotel’s property and their contents are lost or damaged, the Hotel is liable only in accordance with the provisions under sent. 1 to 4 of para. 7.1 above.
7.4 The Hotel applies utmost care when requested to make wake-up calls.
Messages, letters and other deliveries of goods for guests will be handled with care. The Hotel will take care of delivering, storing and – on the guest’s request – forwarding the same against payment. The Hotel is liable in this respect exclusively in accordance with the provisions under sent. 1 to 4 of para. 7.1 above.
7.5 All claims against the Hotel generally become time-barred one year from the beginning of the statutory limitation period. This does not apply in the case of claims for damages and to other claims insofar as such claims are based on intentional or grossly negligent breaches of duty on the part of the Hotel.
8. Final provisions
8.1 Amendments of and supplements to the Contract, acceptance of applications or these General Terms and Conditions shall be made in written form. Unilateral amendments or supplements made by the Client are invalid.
8.2 The place of performance and payment, but also the exclusive place of jurisdiction – also for disputes concerning cheques and bills of exchange – in the context of commercial transactions is the registered office of the Hotel. If a Contractual Party fulfils the requirements of sec. 38(2) of the German Code of Civil Procedure (ZPO [Zivilprozessordnung) and has no general place of jurisdiction in Germany, the place of jurisdiction is the registered office of the Hotel.
8.3 German law applies; application of the United Nations Convention on Contracts for the International Sale of Goods and the conflict of laws provisions is excluded.
8.4 Fulfilling its legal obligation in this regard, the Hotel hereby points out that the European Union set up an on-line platform to settle possible consumer disputes out of court (“ODR Platform”): http://ec.europa.eu/consumers/odr/. However, the Hotel does not participate in dispute resolution proceedings before consumer arbitration boards.