1. AREA OF APPLICATION
1. These terms of business are valid for contracts about the on hire surrender of conference, banquet, event rooms and other rooms of the hotel for the realisation of events of all kind as well as for all other achievements hanging together with it and deliveries of the hotel.
2. The unterrenting or wide renting of the überlassenen rooms, surfaces or glass cabinets as well as public invitations or other advertising measures to interviews, sales or similar events need the previous written approval of the hotel and §540 paragraph 1 becomes a sentence 2 Civil Code abbedungen, as far as the customer is not a consumer.
3. Terms of business of the customer find only application if this was agreed before expressly in writing.
2. COMPLETION OF THE CONTRACT, CONTRACTING PARTNER, LIABILITY, LIMITATION
1. The contract comes about by the acceptance of the application of the customer by the hotel.
2. If a third has ordered for the customer, he sticks compared with the hotel together with the customer as a joint debtor for all obligations from the event contract, provided that a suitable explanation of the third is given to the hotel.
3. The customer is obliged to clear up about that to the hotel unsolicited at the latest by completion of the contract, provided that the event is likely on account of her political, religious or other character to endanger the free from problems business concern, the security or the respect of the hotel in public.
4. The hotel sticks with the care of a well-arranged businessman for his obligations from the contract. Claims of the customer on compensation are excluded. From this damages from the injury of the life, the body or the health are excluded if the hotel has to represent the duty injury, further the other damages which are based on a deliberate or roughly careless duty injury of the hotel, and damages which are based on a deliberate or careless injury of duties typical for contract of the hotel. That of a legal representative or fulfilment assistant is on a par with a duty injury of the hotel. Should disturbances or defects of the achievements of the hotel appear, the hotel will try hard with knowledge or on prompt rebuke of the customer to provide for remedy. The customer is obliged to contribute reasonable to him to repair the disturbance and to hold a possible damage low. For the rest, the customer is obliged to point out the hotel on time to the possibility of the origin of an extremely high damage.
5. News, post and consignments of goods for the customer is treated with care. The hotel takes over the delivery, safekeeping and – if requested – against remuneration the postbroadcasting of the same. Preceding number 4 sentences 2 to 4 are valid accordingly.
6. As far as a parking lot is made available to the customer in the hotel garage or on a hotel parking bay, also against remuneration, no Verwahrvertrag thereby comes about. A supervision duty of the hotel does not exist. With loss or damage on the hotel property of put down or shunted vehicles or their contents the hotel does not stick, except with intention or coarse carelessness. Preceding number 4 sentences 2 to 4 are valid accordingly. Any damages are to be indicated the hotel immediately.
7. All claims against the hotel come under the statute of limitations basically in one year from the beginning of the regular period of limitation dependent on knowledge §199 paragraph 1 Civil Code. Compensation claims come under the statute of limitations independently of knowledge in five years. The limitation shortening is not valid with claims which are based on a deliberate or roughly careless duty injury of the hotel.
3. PRAISES ACHIEVEMENTS, PAYMENT, COMPENSATION
1. The customer is obliged to pay for the ordered and other taken up achievements to agreed or usual prices of the hotel. This is also valid for achievements arranged by him and displays by the hotel into three parts, in particular also for demands of copyright utilisation societies.
2. If a least turnover has been agreed and is not reached this, the hotel can require 60% of the difference as an escaped profit, provided that the customer does not prove a lower one or the hotel a higher damage.
3. Lying between completion of the contract and event more than four months and the legal sales tax changes, the prices are adapted accordingly.
4. If the period between completion of the contract and event crosses four months and increases from the hotel in general for such achievements calculated price, the by contract agreed price can be measured, be raised, only however, by 5%. For every next year between completion of the contract and event after these four months the upper limit increases by other 5%. Besides, price changes after No. 3 remain disregarded.
5. Calculations of the hotel are – provided that nothing else is agreed – within 10 days from access of the calculation without deduction payable. The hotel is entitled to put accumulated demands any time due and to require prompt payment. With default the hotel is entitled to require the in each case valid legal interests on arrears. The proof of a higher damage is left to the hotel.
6. For every reminder after delay entry the customer Mahnkosten has to refund at the rate of 5€ to the hotel. The proof that none or only substantially lower costs has originated stays empty to the customer.
7. The hotel is entitled to ask by completion of the contract or afterwards an adequate pre-payment. The height of the pre-payment and the payments can be agreed in the contract in writing.
8. The customer can charge only with an indisputable or legal demand towards a demand of the hotel or diminish.
4. RESIGNATION OF THE CUSTOMER (CANCELLATION, CANCELLATION)
1. A free resignation of the customer of the contract closed with the hotel needs the written approval by the hotel. If this does not occur, arranged achievements are to be paid, in any case, the agreed space rent from the contract as well as with third also if the customer does not take up contractual achievements and is not possible for a wide renting any more. This is not valid by injury of the obligation of the hotel to the thoughtfulness for rights, legally protected rights and interests of the customer if thereby a holding on in the contract is not to be expected of this any more or an other legal or contractual right to rescind is entitled.
2. Provided that between hotel and the customer an appointment was agreed to the free resignation by the contract in writing, the customer can withdraw till then from the contract without releasing payment or compensation claims of the hotel. The right to rescind of the customer goes out if he does not use his right to the resignation in writing compared with the hotel up to the agreed appointment, provided that a case is not given according to number 1 sentence 3.
3. If the customer withdraws between 28 – to 21 days before event appointment, the hotel is entitled to charge for 35% of the escaped consumption turnover plus for the agreed rent price and any achievements of third, with every later resignation 70% of the consumption turnover.
4. The calculation of the consumption turnover occurs after the formula: Menu price of the event plus drinks x number of participants. If still no price was agreed for the menu, the most inexpensive 3-way menu of the in each case valid event offer is laid. Drinks are calculated with one third of the menu price.
5. If a conference-all-inclusive was agreed participant, the hotel is entitled to charge for 60%, with a later resignation 85% the conference-all-inclusive x of agreed number of participants with a resignation between 28 – to 21 days before event appointment.
6. The deduction of saved expenditures is considered by numbers 3 to 5. The proof stays empty to the customer that the abovementioned claim or not has not originated by the demanded height.
5. RESIGNATION BY THE HOTEL
1. Provided that a free right to rescind of the customer was agreed within a certain term in writing, the hotel is entitled in this period on his part to withdraw from the contract if inquiries of other customers are given after the by contract booked event rooms and the customer does not renounce further inquiry by the hotel on his right to the resignation. This is valid accordingly by grant of an option if other inquiries are given and the customer on further inquiry of the hotel is not ready for the firm reservation.
2. If an agreed or according to the above clause III No. 7 required pre-payment is not performed, the hotel is also entitled to the resignation of the contract.
3. Further the hotel is entitled to withdraw for essentially justified reason from the contract, for example, if
higher power or other circumstances not to be represented by the hotel make the fulfilment of the contract impossible;
Events are booked under delusive or false statement of essential facts, e.g., of the customer or purpose;
the hotel founded occasion for the acceptance has that the event can endanger the free from problems business concern, the security or the respect of the hotel in public, without this is to be added to the territory or organisation area of the hotel;
an offence against clause I No. 2 is given.
4. With entitled resignation by the hotel there originates no claim of the customer on compensation. Should a compensation claim of the hotel exist with a resignation after the above numbers 2 or 3 against the customer, the hotel is able to do the claim pauschalieren. Clause IV numbers 3 to 6 are valid accordingly.
6. CHANGES OF THE NUMBER OF PARTICIPANTS AND THE EVENT TIME
1. A change of the number of participants about more than 5% must be informed of the hotel at the latest five working days before the event beginning; she needs the written approval by the hotel.
2. A reduction of the number of participants by the customer about maximum 5% is recognised by the hotel on the account. With about that to going out divergences the originally agreed number of participants is laid less 5%. The customer has the right to diminish the agreed price around from him to expenditures saved to be proved on account of the lower number of participants.
3. In the case of a divergence upwards the actual number of participants is calculated.
4. With divergences of the number of participants about more than 10% the hotel is entitled to settle the agreed prices anew as well as to exchange the confirmed rooms, unless this is unreasonable to the customer.
5. If the agreed times of commencement or final times of the event move and the hotel agrees to these divergences, the hotel can charge for the additional motivation appropriately, unless, the hotel meets a fault.
7. BRING FROM DISHES AND DRINKS
The customer may not bring dishes and drinks to events basically. Exceptions need a written arrangement with the hotel. In these cases a contribution to the cover of the overhead costs is calculated.
8. TECHNICAL FACILITIES AND CONNECTIONS; OFFICIAL PERMISSIONS
1. As far as the hotel procures technical and other facilities of third for the customer on his occasion, the hotel acts in the name of, in authority and on calculation of the customer. The customer sticks for the careful treatment and the proper return. He releases the hotel from all claims of third from the surrender of these facilities.
2. The use of own electric arrangements of the customer under use of the stream net of the hotel needs the written approval of the hotel; this can be made dependent by the Beistellung liable for costs of a hotel engineer. By the use of these devices appearing disturbances or damages in the technical arrangements of the hotel go to loads of the customer, as far as the hotel does not have to represent this. The hotel may grasp the stream costs originating from the use inclusively and calculate.
3. The customer is entitled with approval of the hotel to use own phone facilities, fax facilities and data transfer facilities. For it the hotel can require a connection fee.
4. Places to stay by the connection of own arrangements of the customer suitable from the hotel unused, a failure reimbursement can be calculated.
5. Disturbances in technical or other facilities provided by the hotel are removed as far as possible immediately. Payments cannot keep back or are diminished, as far as the hotel does not have to represent these disturbances.
6. For the event necessary official permissions the customer has to get on time at own expenses. The observance of public law editions and other regulations is incumbent upon him.
9. LOSS OR DAMAGE OF BROUGHT THINGS
1. Carried along exhibition stand or other, also personal objects are on danger of the customer in the event rooms or at the hotel. The hotel assumes for loss, setting or damage no liability, also not for property damages, except with coarse carelessness or intention of the hotel. From this damages from the injury of the life, the body or the health are excluded. Besides, all cases in which the preservation shows a duty typical for contract on account of the circumstances of the isolated case are excluded from this liability free drawing. Apart from the cases called in sentence 4 a preservation contract of explicit arrangement needs.
2. Brought decorative material and other objects introduced by the customers have to correspond to the fire prevention-technical demands and other official regulations. The hotel is entitled to require for it an official proof. If such a proof does not occur, the hotel is entitled to remove already introduced material at the expenses of the customer. Because of possible damages the installation and fixing are to be tuned by objects before with the hotel.
3. Brought exhibition stand or other objects are to be removed after the end of the event immediately. If the customer omits from this, the hotel may carry out the distance and storage to loads of the customer. If the objects remain in the event space, the hotel for the duration of the whereabouts can calculate an adequate compensation of utilisation. The proof stays empty to the customer that the abovementioned claim or not has not originated by the demanded height.
4. Other subnormal objects of the event participants is sent on only on inquiry, risk and costs of the concerning participant. The hotel keeps the things three months; then the things, provided that a recognizable value exists, will hand over to the local lost property office.
10. LIABILITY OF THE CUSTOMER FOR DAMAGES
1. Provided that the customer is an enterpriser, he sticks for all damages to building or inventory which are caused by event participants or visitors, employees, other third from his area or him himself. This is valid accordingly if the customer is a legal entity of the public right, party or trade union.
2. The hotel can require from the customer the position of adequate securities (e.g., assurances, securities, guarantees).
11. FINAL REGULATIONS
1. Changes or supplements of the contract, the application acceptance or these terms of business for events need to her effectiveness of the text form. One-sided changes or supplements by the customer are ineffective.