Terms and conditions

I. Scope of application, contractual partners

1. these terms and conditions apply to the hotel accommodation contract, events and catering/party service/outside deliveries. The contractual partners are the hotel and the customer. The contract is concluded upon acceptance of the customer's application by the hotel. The hotel is free to confirm the conclusion of the contract in text form.

a) The hotel accommodation contract includes all contracts for the rental of hotel rooms for accommodation purposes as well as all other services and deliveries provided by the hotel for the customer in this context. The term ‘hotel accommodation contract’ includes and replaces the following terms: Accommodation contract, guest accommodation contract, hotel contract, hotel room contract.

b) Events are contracts for the rental of conference, banqueting and event rooms of the hotel for the organisation of events such as banquets, seminars, conferences, exhibitions and presentations etc. as well as for all other services and deliveries provided by the hotel for the customer in this connection.

c) Catering/party service/outside deliveries include the delivery of the agreed service as well as all other related services of the hotel.

2. the subletting or re-letting of rooms provided and their use for purposes other than accommodation and the subletting or re-letting of the rooms, areas or showcases provided as well as the invitation to interviews, sales or similar events require the prior consent of the hotel in text form, whereby § 540 paragraph 1 sentence 2 BGB is waived insofar as the customer is not a consumer within the meaning of § 13 BGB.

3 The customer's general terms and conditions shall only apply if this has been expressly agreed in advance in text form.

II Conclusion of contract, partners, statute of limitations

1. the hotel shall be liable for damages for which it is responsible arising from injury to life, limb or health. Furthermore, it is liable for other damages which are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of typical contractual obligations by the hotel. Typical contractual obligations are those obligations which make the proper fulfilment of the contract possible in the first place and on the fulfilment of which the customer relies and may rely. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. Further claims for damages, unless otherwise provided for in the following provisions, are excluded. Should disruptions or defects in the hotel's services occur, the hotel shall endeavour to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to make reasonable efforts to remedy the disruption and minimise any possible damage. In addition, the customer is obliged to inform the hotel in good time of the possibility of exceptionally high damages.

2. the hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions. The hotel recommends the use of the hotel or room safe. If the customer wishes to bring in money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a separate storage agreement with the hotel.

2.3 If the customer is provided with a parking space in the hotel garage or in the hotel car park, even for a fee, this does not constitute a safekeeping agreement. In the event of loss of or damage to motor vehicles parked or manoeuvred on the hotel property and their contents, the hotel shall only be liable in accordance with the above clauses.

4. wake-up calls are carried out by the hotel with the utmost care. Messages, mail and consignments of goods for guests are handled with care. The hotel will deliver, store and - on request - forward them for a fee. The hotel shall only be liable in accordance with the above Section II, sentences 1 to 4.

5. all claims against the hotel shall generally become time-barred one year after the commencement of the statutory limitation period. Claims for damages are subject to a limitation period of five years, depending on knowledge, unless they are based on injury to life, limb, health or freedom. These claims for damages are subject to a limitation period of ten years irrespective of knowledge. The shortening of the limitation period shall 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 obliged to provide the services ordered by the customer and promised by the hotel.

2. the customer is obliged to pay the hotel's agreed or applicable prices for these and other services utilised. This also applies to services ordered by the customer directly or via the hotel, which are provided by third parties and disbursed by the hotel. In particular, this also applies to claims of copyright collecting societies. If the customer is not the organiser himself or if a commercial agent or organiser is engaged by the organiser, they shall be jointly liable with the organiser for all obligations arising from the contract.

3. the agreed prices include the taxes and local duties applicable at the time the contract is concluded. They do not include local taxes that are owed by the customer according to the respective municipal law, such as visitor's tax. In the event of a change in the statutory value added tax or the introduction, change or abolition of local levies on the subject matter of the service after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this shall only apply if the period between conclusion and fulfilment of the contract exceeds four months. 4.

4. the hotel may make its consent to a subsequent reduction in the number of rooms booked, the hotel's services or the customer's length of stay requested by the customer dependent on the price of the rooms and/or other hotel services being increased.

5. invoices of the hotel are payable immediately upon receipt without deduction. Hotel invoices without a due date are payable in full within ten days of receipt of the invoice. The hotel may demand immediate payment of due claims from the customer at any time. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest of currently 8% or, in the case of legal transactions in which a consumer is involved, 5% above the base interest rate. The hotel reserves the right to provide evidence of higher damages.

6. the hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed in text form in the contract. In the case of advance payments or security deposits for package holidays, the statutory provisions remain unaffected.

(7) In justified cases, e.g. if the customer is in arrears with payment or if the scope of the contract is extended, the hotel shall be entitled, even after conclusion of the contract up to the commencement of the stay, to demand an advance payment or security deposit within the meaning of clause 6 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.

8. furthermore, the hotel is entitled to demand from the customer at any time an appropriate advance payment or security deposit within the meaning of clause 6 above for existing and future claims arising from the contract, insofar as such has not already been made in accordance with clause 6 and/or clause 7 above. The amount of the advance payment and the payment dates may be agreed in writing in the contract.

9. the customer may only offset or set off an undisputed or legally binding claim against a claim of the hotel.

10. the customer agrees that the invoice may be sent to him electronically

IV. Withdrawal by the customer (cancellation) / non-utilisation of the hotel's services (no show)

1. the customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal and any consent to the cancellation of the contract shall be made in text form.

2. if the hotel and the customer have agreed on a date for cancellation of the contract free of charge, the customer may cancel the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer's right of cancellation shall expire if he does not exercise his right of cancellation vis-à-vis the hotel by the agreed date.

3. if a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or cancellation and the hotel does not agree to a cancellation of the contract, the hotel shall retain the claim to the agreed remuneration despite non-utilisation of the service. The hotel must take into account the income from other utilisation and the expenses saved.

a) If the rooms are not rented to other parties, the hotel may make a lump-sum deduction for saved expenses. In this case, the customer is obliged to pay at least 90 % of the contractually agreed price for overnight accommodation with or without breakfast and for package arrangements with third-party services, 70 % for half-board and 60 % for full-board arrangements; the customer is free to prove that the aforementioned claim did not arise or did not arise in the amount claimed.

b) In the case of event contracts and contracts for catering/party service/outside deliveries, the hotel may also make a lump sum payment for the expenses saved in each case.

(1) If the customer only cancels between the 8th and 4th week before the date of the event, the hotel is entitled to charge 35% of the lost food turnover in addition to the agreed rental price for event contracts, and 80% of the food turnover for any later cancellation.

(2) The calculation of the food turnover is based on the formula Agreed menu price x number of participants. If no price has yet been agreed for the menu, the cheapest 3-course menu of the respective valid event offer shall be used as a basis.

(3) If a conference flat rate per participant has been agreed, the hotel shall be entitled to charge 60% of the conference flat rate x agreed number of participants in the event of cancellation between the 8th and 4th week before the date of the event, and 85% of the conference flat rate x agreed number of participants in the event of cancellation at a later date.

c) The customer is at liberty to prove that the claim did not arise or did not arise in the amount claimed. The hotel is at liberty to prove that a higher claim has arisen.

V. Cancellation by the hotel

1. if it has been agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is entitled for its part to withdraw from the contract during this period if there are enquiries from other customers regarding the contractually booked services and the customer does not waive his right of withdrawal upon enquiry by the hotel within a reasonable period of time. This shall apply accordingly if an option is granted, if other enquiries are received and the customer is not prepared to make a firm booking upon enquiry by the hotel within a reasonable period of time.

2. if an advance payment or security deposit agreed or demanded in accordance with point III. clause 6, clause 7 and/or clause 8 is not made even after a reasonable grace period set by the hotel has expired, the hotel shall also be entitled to withdraw from the contract.

3. furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if - force majeure or other circumstances for which the hotel is not responsible make fulfilment of the contract impossible;
- events, rooms or rooms are culpably booked with misleading or false information or concealment of material facts; material facts may include the identity of the customer, solvency or the purpose of the stay;
- the hotel has justified cause to believe that the use of the service may jeopardise the smooth operation of the hotel, its security or public reputation, without this being attributable to the hotel's sphere of control or organisation;
- the purpose or occasion of the stay or event is unlawful;
- there is a violation of the above-mentioned point I. clause 2.

4. the justified cancellation of the hotel does not constitute a claim for damages on the part of the customer.

VI Liability of the customer for damage

1. if the customer is an entrepreneur, he shall be liable for all damage to the building, inventory and items provided caused by event participants or visitors, employees, other third parties from his area or himself.

2. the hotel may require the customer to provide an appropriate security deposit, for example in the form of a credit card guarantee.

VII Final provisions

1. amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions shall be made in text form. Unilateral amendments or additions by the customer are invalid.

2. the place of fulfilment and payment as well as the exclusive place of jurisdiction - also for cheque and bill of exchange disputes - is the registered office of the hotel in commercial transactions. If a contractual partner fulfils the requirements of § 38 paragraph 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.

3 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.

4. should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.

5. in accordance with the legal obligation, the hotel points out that the European Union has set up an online platform for the out-of-court settlement of consumer disputes (‘ODR platform’): http://ec.europa.eu/consumers/odr/ However, the hotel does not participate in dispute resolution proceedings before consumer arbitration boards.

Room provision, handover and return

1. the customer does not acquire any claim to the provision of specific rooms, unless this has been expressly agreed.

2. booked rooms are available to the customer from 15:00 on the agreed day of arrival. The customer is not entitled to earlier availability.

3. on the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. After this time, the hotel may charge 50% of the full accommodation price (list price) for the delayed vacating of the room until 6.00 p.m., and 100% from 6.00 p.m. onwards. This shall not give rise to any contractual claims on the part of the customer. The customer is at liberty to prove that the hotel has no or a significantly lower claim to a usage fee.

I. Changes to the number of participants and the time of the event

1. an increase in the number of participants by more than 5% must be notified to the hotel no later than five working days before the start of the event; it requires the hotel's consent, which shall be given in text form. Invoicing shall be based on the actual number of participants, but at least 95% of the agreed higher number of participants. If the actual number of participants is lower, the customer has the right to reduce the agreed price by the additional expenses saved as a result of the lower number of participants.

2. a reduction in the number of participants by more than 5% should be notified to the hotel in good time, at the latest five working days before the start of the event. Invoicing shall be based on the actual number of participants, but at least 95% of the ultimately agreed number of participants. Clause 1 sentence 3 shall apply accordingly.

(3) If the number of participants is reduced by more than 10%, the hotel shall be entitled to exchange the confirmed rooms, taking into account any difference in the room hire charge, unless this is unreasonable for the customer.

4. if the agreed start or end times of the event are postponed and the hotel agrees to these deviations, the hotel may charge a reasonable amount for the additional readiness to perform, unless the hotel is at fault.

II Bringing food and beverages

The customer may not bring food and beverages to events. Exceptions require an agreement with the hotel. In such cases, a contribution to cover overheads will be charged.

III Technical facilities and connections

1. insofar as the hotel procures technical and other equipment from third parties for the customer at the customer's request, it shall act in the name of, on behalf of and for the account of the customer. The customer is liable for the careful handling and proper return of the equipment. The customer shall indemnify the hotel against all third-party claims arising from the provision of such equipment.

2. the items and materials required for the performance of the service and provided by the hotel, with the exception of food and beverages, are and remain the property of the hotel and must be returned to the hotel by the customer immediately after the end of the event. Shortages will be invoiced to the customer after return and inspection by the hotel upon notification of the prices for replacement. Beverages ordered on a commission basis will only be taken back if the containers are neither broken nor damaged.

3. the use of the customer's own electrical equipment utilising the hotel's electricity network requires the hotel's consent. Any faults or damage to the hotel's technical equipment caused by the use of such equipment shall be borne by the customer, unless the hotel is responsible for them. The hotel may record and charge a flat rate for the electricity costs arising from the use of such equipment.

4. with the hotel's consent, the customer is authorised to use his own telephone, fax and data transmission equipment. The hotel may charge a connection fee for this.

5. if suitable hotel equipment remains unused due to the connection of the customer's own equipment, a cancellation fee may be charged.

6. faults in technical or other equipment provided by the hotel will be rectified immediately if possible. Payments may not be withheld or reduced insofar as the hotel is not responsible for these faults.

IV. Loss of or damage to items brought along

1. exhibition or other items, including personal items, brought into the event rooms or the hotel are at the customer's risk. The hotel accepts no liability for loss, destruction or damage, including for financial losses, except in cases of gross negligence or wilful intent on the part of the hotel. Excluded from this are damages resulting from injury to life, limb or health. In addition, all cases in which the safekeeping represents a typical contractual obligation due to the circumstances of the individual case are excluded from this exemption from liability.

2. decoration material brought along 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. exhibits or other items brought into the hotel must be removed immediately after the end of the event. If the customer fails to do so, the hotel may remove and store the items at the customer's expense. If the items remain in the event room, the hotel may charge a reasonable compensation for use for the duration of the room being withheld.

I. Applicability of the regulations on events

Points C. I. clauses 1 to 4 and III. clauses 1 and 2 apply accordingly. II Delivery time

1. the delivery and service dates specified in the respective separate agreement are generally binding.

2. however, the hotel shall be released from its obligation to deliver if the hotel is prevented from fulfilling its obligation by the occurrence of unforeseeable and/or extraordinary circumstances which it could not avert despite exercising reasonable care in the circumstances of the case, for example in the event of force majeure, operational disruptions such as strikes or lockouts, official interventions, delays in the delivery of essential raw materials, etc. and if performance becomes impossible as a result. In the case of all stated reasons for hindrance, it is irrelevant whether they occur at the customer or at the hotel.

3. if the hotel is released from its obligation to deliver, any claims for damages and cancellation rights of the customer derived from this shall lapse.

4. the customer shall reimburse the hotel for all costs necessary for the performance of the service which the hotel has incurred up to the point in time at which it is released from its obligation to perform in accordance with clause 2.