Terms of Service

General Terms and Conditions of Business for Events

I. Scope
1. These terms and conditions of business apply to agreements on the temporary hire of the hotel’s rooms and/or other areas (e.g. outdoor facilities) for the purpose of holding events (e.g. banquets, conferences, celebrations, seminars, conventions, exhibitions, presentations etc.) and to all other related goods and services supplied by the hotel.
2. The customer’s general terms and conditions of business only apply if this is explicitly agreed in writing beforehand and countersigned by the hotel.
II. Conclusion of the agreement, contracting parties and sub-hire
1. The contracting parties are the hotel and the customer. The agreement is concluded through offer and acceptance. It makes no difference whether the offer originated from the customer or the hotel.
2. The customer may only sub-hire or re-hire the hired rooms, areas and display cases to third parties or use them for purposes other than the agreed purpose if the hotel has previously consented to this in writing. If the hotel refuses consent, this only entitles the customer to terminate the agreement if the customer is a consumer (within the meaning of section 13 of the German Civil Code (Bürgerliches Gesetzbuch – BGB) and the hotel cannot justify its refusal as being for cause.
III. Services, prices, payments and opposing rights
1. The hotel must perform the services agreed, and in particular must make available the rooms and areas which the customer has booked. However, the customer only has a right to the provision of certain rooms if the customer has received confirmation in writing from the hotel.
2. The customer must pay the price agreed with the hotel for the hire of the rooms/areas. If the customer makes use of further services from the hotel, or if the customer has arranged for the hotel to provide services to or incur expenses from third parties, the customer must pay the applicable or agreed price for these. This also applies in particular to claims from copyright collecting agencies (e.g. GEMA). At events with entertainment requiring declaration to GEMA, the hotel functions solely as an intermediary. The event organiser, or alternatively the artist engaged by the event organiser, is responsible for making the declaration to GEMA. The event organiser is solely and fully liable for any failure to do so. Unless a separate agreement is made, however, the hotel is not required to conclude agreements with companies of this type.
3. The prices agreed include the relevant statutory value added tax. If there are more than 4 months between the conclusion and fulfilment of the agreement and if the price which the hotel generally charges for services of this nature increases, the contractually agreed price will increase accordingly.
4. Invoices from the hotel which do not state a due date are payable immediately and in full on receipt of the bill. The hotel may require the customer to pay any debts outstanding immediately at any time. If there is a delay in payment, the hotel is entitled to charge the applicable statutory default interest, which is currently 8% above the base rate or 5% above the base rate in the case of legal transactions to which a consumer is a party. The hotel reserves the right to prove a greater loss. The hotel may charge a reminder fee of EUR 10 for every reminder after default has occurred.
5. The hotel is entitled to require the customer to provide an appropriate prepayment or security in the form of a credit card guarantee, a deposit or similar payment on conclusion of the agreement. The amount of the prepayment and the payment date are stipulated in writing in the agreement. Failing that, 50% of the expected revenues are to be provided no later than 4 weeks before the start of the event.
6. In justified cases, e.g. arrears by the customer, the hotel is entitled to require a prepayment or security within the meaning of no. 5 above, an increase in the prepayment agreed in the agreement, or a security comprising an amount up to the full agreed price even after the conclusion of the agreement and up until the commencement of the stay.
7. The hotel is further entitled to require the customer to provide an appropriate prepayment or security within the meaning of no. 5 above at the commencement of and during the stay for existing and future claims arising from the agreement, so long as no such prepayment or security has already been provided pursuant to no. 5 and/or no. 6 above.
8. The customer may only exercise, offset or reduce a right of retention using a claim that is undisputed or has been declared enforceable.
IV. Cancellation by the customer and non-utilisation of services
1. The customer is only entitled to cancel the agreement at no cost if the customer cannot be reasonably expected to comply with the agreement for reasons attributable to the hotel, if the hotel has previously consented to the cancellation in writing or if the cancellation right has been agreed in writing between the customer and the hotel. An agreed cancellation right of this nature ceases to exist if it is not exercised in writing within the period allowed by the hotel.
2. If the customer cancels despite no longer being entitled to do so, the following applies:
a) The customer continues to be required to pay services arranged with third parties in full and to pay the agreed room rental, even if the customer does not make use of the contractually agreed services. If the rooms/areas can be re-hired to another party, the room hire price achieved from this is to be deducted from the price agreed with the customer. If the rooms/areas cannot be re-hired to another party, the hotel is required to deduct the costs saved. The hotel can apply a flat-rate deduction. The customer is in this case required to pay 90% of the contractually agreed room hire price.
b) If the cancellation takes place up to 8 weeks before the start of the event, the hotel will additionally bill 35% of the lost food sales, in the case of a later cancellation up to and including the 7th day before the start of the event it will bill 70% and in the case of an even later cancellation 90% of the food sales. The amount of lost food sales will be calculated based on multiplying the anticipated number of participants. If no price was agreed, meal bookings will be billed based on the least expensive three course meal in the applicable event range in each case; buffet bookings will be billed based on the least expensive three course buffet in the applicable event range in each case.
c) If the hotel and customer had agreed a conference rate per participant, the hotel may additionally charge 35% of the conference rate per anticipated participant in the case of a cancellation up to 8 weeks before the start of the event, 70% of the conference rate per anticipated participant in the case of a later cancellation up to and including the 7th day before the start of the event, and 90% of the conference rate per anticipated participant in the case of an even later cancellation.
d) For the purposes of calculating lost drinks sales, a flat rate sales amount of EUR 15.00 per participant will be applied in the case of a cancellation up to 8 weeks before the start of the event, and a flat rate of EUR 25.00 in the case of a later cancellation.
e) The deduction of costs saved has already been taken into account in the claims under 2 b) to 2 d). The customer is free to prove that these claims and/or the claims under 2 a) have not arisen or have not arisen to the degree claimed.

 

V. Cancellation by the hotel

1. If the hotel has given the customer the right to cancel the agreement at no cost within a certain period, the hotel is also entitled to cancel the agreement at no cost within the same period, but only if another customer wants to book the contractually agreed rooms or areas. Before exercising the cancellation right, the hotel must give the customer the opportunity to relinquish their cancellation right. If the customer then relinquishes their cancellation right, the hotel is no longer entitled to cancel.
2. The hotel can also cancel the agreement if the customer has not provided a due prepayment or security and an appropriate grace period set by the hotel (3 days) has expired without receipt of payment or security.
3. The hotel continues to be entitled to cancel for cause. Cause can include the following:
a) There are circumstances which make it impossible for the hotel to fulfil the agreement; this does not apply if the circumstances originate from the hotel’s area of risk;
b) the customer has wilfully or negligently provided misleading or incorrect information on facts essential to the agreement when booking rooms, areas or events, for instance about the customer’s person or the person of the event organiser or for the purpose of the booking;
c) there are circumstances which justify the assumption that by fulfilling the agreement, the hotel’s security might be endangered or its public reputation impaired; this does not apply if the circumstances originate from the hotel’s area of risk;
d) the customer has sub-hired the hired rooms or facilities or re-hired them to a third party or is using them for other than the agreed purposes without the hotel having consented to this in writing;
e) the customer’s financial circumstances deteriorate appreciably following the conclusion of the agreement.
4. If the hotel has cancelled legitimately, the customer does not have a claim for damages.
VI. Changes in the number of participants and the time of the event
1. The customer is required to inform the hotel of the anticipated number of participants on booking the event. If the final number of participants is more than 10% above or below the anticipated number of participants, this change requires the hotel’s written consent and the customer is to inform the hotel of this change at least 5 working days prior to the start of the event. The consent can be made conditional on a change to the agreed prices and a change of rooms/areas confirmed unless this is unacceptable to the customer.
2. If the final number of participants is not equal to the anticipated number of participants – unless agreed otherwise with the hotel in writing – the hotel’s services to be charged by number of participants (meal prices, fixed daily rates etc.) will based on the following numbers of participants:
a) In case of a reduction of up to and including 5% in the number of participants originally anticipated. In the case of an increase in the number of participants, the actual number of participants.
b) In the case of a reduction by more than 5%, the anticipated number of participants less 5% is used. The customer is entitled to deduct costs from the agreed price which the hotel has saved due to the lower number of participants. The burden of proof regarding the amount of the deduction is on the customer.
3. If the agreed start or end times for the event are changed without prior written agreement from the hotel, the hotel may bill additional costs for the additional time
spent in readiness to deliver services – in particular for providing staff and
equipment – unless the hotel is responsible for the change.
VII. Bringing food and drinks
The customer may not bring any food or drinks to events. This shall not apply if it has
been otherwise agreed in writing with the hotel. In these cases, a contribution to cover
overheads (own food charge, corkage etc.) will be charged except when otherwise
stipulated. The hotel does not accept any liability for food and drink brought in by the
customer.
VIII. Technical equipment and connections
1. If and when the hotel procures technical or other equipment from third parties for
the customer at the customer’s request, it is acting in the name of, on the authority
of and for the account of the customer. The customer must handle the equipment
with care and return it in proper order. If third parties make claims against the hotel
arising from the hire of this equipment, the customer indemnifies the hotel against
these claims.
2. The customer may only operate their own electrical equipment on the hotel’s power
grid if the hotel agrees in advance in writing. Any disruption or damage to the
hotel’s technical facilities arising from the use of this equipment are to be borne by
the customer unless the hotel is responsible for these. The hotel can calculate and
charge for the electricity costs arising in the form of a fixed sum.
3. With the hotel’s consent, the customer is entitled to use their own telephone, fax
and data transmission equipment. The hotel may require a connection fee for this.
IX. Special conditions, particularly regarding liability for objects and decorative material brought in by the customer
1. Exhibition items or other objects, including personal items, are brought to the event
rooms or the hotel at the customer’s own risk. The hotel is only liable for loss,
destruction or damage under the conditions specified in XI.
2. The decorative material provided by the customer must satisfy fire safety
requirements. The hotel may make use of decorative material conditional on the
provision of official certification. If the customer does not provide certification of this
nature, the hotel can remove decorative material which has already been brought
in at the customer’s expense.
3. If the customer wishes to bring objects or items which are not typical for the
intended event to the event rooms or the areas hired, or to erect them there, the
customer must agree this with the hotel in advance. The same applies with objects
or items which although typical for the intended events are also capable of causing
considerable danger to life, limb or property. After the end of the event, the
customer must remove the brought-in objects or items and own decorative material
immediately. If the customer does not fulfil this requirement, the hotel is entitled to
remove and store the objects, items and decorative material itself and to charge
the customer the costs arising from this.
If the objects/decorative material remain in the event room, the hotel can bill the
customer an appropriate charge for use until their removal. The customer has the
right to prove that the claim has not arisen or has not arisen to the extent
requested.
X. Liability of the customer
If the customer is an entrepreneur (within the meaning of section 14 BGB), the customer
is liable for all damage to the building or inventory which the customer or the customer’s
legal representatives, event participants or event visitors, employees or other third
parties associated with the customer have caused.
The hotel may require the event organiser to put up suitable security (e.g. insurance,
deposits, guarantees).
XI. Liability of the hotel, limitation of claims
1. The customer may only make claims for damages including those from precontractual
obligations and tortious acts if these are based on
– intent or gross negligence by the hotel,
– the negligent breach of a typical contractual duty by the hotel,
– a negligent breach of duty by the hotel leading to injury to life, body or health,
– the lack of a guaranteed characteristic of the booked event or rooms/areas or
– a compulsory legal liability of the hotel (e.g. section 701 et seq BGB);
The “hotel” doing or refraining from an act also covers any legal representative or
person used to perform an obligation of the hotel doing or refraining from an act.
2. All exclusions or limitations of liability also apply in favour of persons used to
perform an obligation of the hotel.
3. The customer is required to report defects immediately. The customer is also
required, within the scope of what can reasonably be expected, to remedy the
problem and to avoid or minimise any threat of damage. If there is a possibility that
unusually great damage will occur to the hotel, the customer must point this out
immediately.
4. The length of the period of limitation for claims against the hotel is reduced to 2
years. Claims for damages against the hotel and the customer become time-barred
5 years from the occurrence of the claim, irrespective of awareness of them. These
reductions of the period of limitation do not apply to claims based on wilful or
grossly negligent breach of duty by the hotel or injury to the customer’s life, body or
health.
XII. Final provisions
1. Amendments and supplements to this agreement or the General Terms and
Conditions of Business – including this provision – shall only be effective if made in
writing. Unilateral amendments or supplements by the customer are not valid.
2. The place of fulfilment and payment is Kronberg im Taunus, Germany.
3. This is the exclusive place of jurisdiction in relation to commercial transactions.
4. The law of the Federal Republic of Germany shall apply. Application of the UN
Sales Convention and the conflict of laws rules is precluded.
5. If individual or multiple provisions of this General Terms and Conditions of
Business are or become invalid or unenforceable, this shall not affect the validity of
the remaining terms and conditions of business. The law otherwise applies.
General Terms and Conditions of Business for the hotel accommodation agreement

 

I. Scope
1. These terms and conditions of business apply to agreements on the rental use of hotel rooms for accommodation purposes and all other goods and services supplied by the hotel to the customer in connection with this (hotel accommodation agreement). The term “hotel accommodation agreement” covers and replaces the following terms: accommodation agreement, guest accommodation agreement, hotel agreement, hotel room agreement.
2. The sub-hiring or re-hiring of the hired rooms or their use for purposes other than accommodation requires the prior written consent of the hotel, whereby section 540 (1) sentence 2 of the German Civil Code (Bürgerliches Gesetzbuch – BGB) is waived if the customer is not a consumer.
3. The customer’s general terms and conditions of business only apply if this is explicitly agreed in writing beforehand and countersigned by the hotel.
II. Conclusion of the agreement, contracting parties, limitation of claims
1. The agreement arises through acceptance of the customer’s request by the hotel. The hotel is at liberty to confirm the room booking in writing.
2. The contracting parties are the hotel and the customer. If any third party has booked for the customer, the third party and the customer are together jointly and severally liable to the hotel for all obligations arising from the hotel accommodation agreement if the hotel has a declaration to that effect from the third party. Irrespective of this, each booker is required to pass all information relevant to the booking, particularly these General Terms and Conditions of Business, on to the guest.
3. All claims against the hotel become time-barred within one year from the statutory start of the limitation of claims. Claims for damages become time-barred after five years, irrespective of awareness of them. These reductions of the period of limitation do not apply to claims based on wilful or grossly negligent breach of duty by the hotel.

 

III. Services, prices, payment, offsetting
1. The hotel is required to keep the room booked by the customer available and to perform the agreed services or ensure an adequate replacement.
2. The customer is required to pay the hotel’s agreed or applicable price for the room hire and other services the customer has made use of (including all ancillary services such as food, telephone, laundry etc.). This also applies to services provided to or expenses incurred from third parties at the arrangement of the customer (taxis, flowers etc.). The prices agreed include the relevant statutory value added tax. In the event of an increase in the statutory value added tax or any applicable local taxes and fees after the agreement has been concluded, the hotel reserves the right to increase the agreed prices by the amount of such increase in the applicable value added tax or local taxes and fees.
3. In the event that, after a booking has been made, the customer requests a reduction in the number of the rooms booked, the services to be provided by the hotel or the duration of the customer’s stay, the hotel is entitled to make its consent to such reduction conditional on an increase in the price for the rooms and/or the hotel’s other services.
4. Invoices from the hotel which do not state a due date are payable immediately and in full on receipt of the bill. The hotel may require the customer to pay any debts outstanding immediately at any time. If there is a delay in payment, the hotel is entitled to charge the applicable statutory default interest, which is currently 8% above the base rate or 5% above the base rate in the case of legal transactions to which a consumer is a party. The hotel reserves the right to prove a greater loss. The hotel may charge a reminder fee of EUR 10 for every reminder after default has occurred.
5. The hotel is entitled to require the customer to provide an appropriate prepayment or security in the form of a credit card guarantee, a deposit or similar payment on conclusion of the agreement. The amount of the prepayment and the payment date are stipulated in writing in the agreement. The statutory provisions are not affected in the event of prepayments or the provision of security for package holidays.
6. In justified cases, e.g. arrears by the customer, the hotel is entitled to require a prepayment or security within the meaning of no. 5 above, an increase in the prepayment agreed in the agreement, or a security comprising an amount up to the full agreed price even after the conclusion of the agreement and up until the commencement of the stay.
7. The hotel is further entitled to require the customer to provide an appropriate prepayment or security within the meaning of no. 5 above at the commencement of and during the stay for existing and future claims arising from the agreement, so long as no such prepayment or security has already been provided pursuant to no. 5 and/or no. 6 above.
8. The customer may only offset or reduce claims by the hotel or exercise a right of retention using a claim that is undisputed or has been declared enforceable.
IV. Cancellation by the customer (cancellation of booking)/Non-utilisation of the hotel’s services (no show)
1. The customer only has a right to cancel the agreement on the hire of hotel rooms concluded with them if this has been stipulated in the agreement in writing. The customer’s cancellation of the agreement concluded with the hotel must be made within the deadline and in writing. If the customer fails to make such cancellation, the customer must pay the price agreed in the agreement even if the customer does not make use of the services specified under such agreement. This does not apply if the hotel breaches its duty to take into account the rights or the legal or other interests of the customer, if the customer cannot reasonably be expected to comply with the agreement, or if another legal or contractual cancellation right exists.
2. If the hotel has given the guest an option in the agreement to cancel the agreement within a certain period without further legal consequences, the hotel is not entitled to compensation. The decisive factor in determining whether the notification of cancellation has been given on time is the point at which it reaches the hotel. The guest must make the notification of cancellation in writing.
3. When the customer does not make use of rooms, the hotel must take into account the income received from providing these rooms to other customers and the costs saved. If the rooms are not otherwise hired, the hotel can charge the contractually agreed price and make a flat rate deduction for the costs saved by the hotel. In this case, the customer is required to pay at least 90% of the contractually agreed price for stays with or without breakfast and also for package deals including third-party services, 70% for half board and 60% for full board. The customer has the right to prove that the aforementioned claim has not arisen or has not arisen to the extent requested.
V. Cancellation by the hotel
1. If it has been agreed in writing that the customer may cancel the agreement at no cost within a certain period, the hotel is also entitled to cancel the agreement within the same period if there are enquiries from other customers about the contractually booked rooms and the customer does not waive their right to cancellation upon request by the hotel.
2. If an agreed prepayment or a prepayment requested in accordance with section III no. 5 and/or no. 6 above or security has not been provided even after an appropriate grace period set by the hotel has elapsed, the hotel is likewise entitled to cancel the agreement.
3. Furthermore, the hotel is entitled to extraordinarily cancel the agreement for objectively justified reasons, for example if
– force majeure, or other circumstances for which the hotel is not responsible, make fulfilment of the agreement impossible;
– essential facts declared when booking a room are misleading or incorrect, e.g. the customer’s person or the purpose of the customer’s stay;
– the hotel has justified cause to assume that use of the hotel’s services might endanger the trouble-free operation of business, the security or the public reputation of the hotel, unless this is within the hotel’s power of control or organisational remit;
– there is a breach against section I no. 2 above.
4. In the case of a justified cancellation of the agreement by the hotel, the customer is not entitled to compensation.
VI. Provision, handover and return of rooms
1. The customer does not acquire any entitlement to the provision of specific rooms.
2. Booked rooms are available to the customer from 3 p.m. on the agreed arrival date. The customer is not entitled to earlier availability.
3. On the agreed departure date, the rooms are to be vacated and made available to the hotel by midday. Thereafter, the hotel may charge 50% of the full accommodation price (list price) if customer vacates the room later than contractually agreed but no later than 6 p.m., or 100% if the customer vacates the room after 6 p.m. This shall not give rise to any contractual claims on the part of the customer. The customer is entitled to prove that the hotel has no entitlement or a significantly lower entitlement to a usage fee.

 

VII. Liability of the hotel
1. The hotel shall act with the diligence of a prudent businessman and is liable as such for its obligations arising from the agreement. Claims for compensation by the customer are precluded. Exceptions to this are damages arising from injury to life, body or health where the hotel is responsible for breach of duty, other damages relating to a wilful or grossly negligent breach of duty by the hotel or damages relating to a wilful or negligent breach of typical contractual duties by the hotel. A breach of duty by the hotel equates to a breach by a legal representative or a person used to perform an obligation of the hotel. Should disruptions or defects in the hotel’s services occur, the hotel will make efforts to ensure remedial action is taken on becoming aware of these or on immediate complaint by the customer. The customer is required to do whatever can be reasonably expected in order to remedy the disruption and minimise any possible damage. If the guest culpably fails to notify the hotel of a defect, then the guest is not entitled to a reduction of the contractually agreed fee.
2. For items brought into the hotel, the hotel is liable to the customer for a sum determined in accordance with the statutory provisions; that is, up to 100 times the cost of the room, but no more than €3,500, and up to €800 for money, securities and valuables.
3. If the customer is provided with a parking place in the hotel car park, including in return for a fee, this does not give rise to a safekeeping contract. The hotel is not liable if vehicles parked on or manoeuvred onto hotel property, or their contents, are lost or damaged, other than in the case of intent or gross negligence. No. 1 sentences 2 to 4 above apply accordingly.
4. The hotel performs wake-up services with the greatest of care. Messages, post and deliveries of goods for the guests are handled with care. The hotel will take responsibility for the delivery, storage and, upon request and payment of a fee, forwarding of these. No. 1 sentences 2 to 4 above apply accordingly.

 

VIII. Final provisions
1. Amendments and supplements to this agreement, the acceptance proposal or these General Terms and Conditions of Business for hotel accommodation are to be made in writing. Unilateral amendments or supplements by the customer are not valid.
2. The place of fulfilment and payment is the hotel’s place of business.
3. Exclusive jurisdiction in commercial transactions – including for disputes concerning cheques and bills of exchange – is the hotel’s place of business under company law. If a contractual partner fulfils the requirements of section 38 (2) of the Code of Civil Procedure (Zivilprozessordnung – ZPO) and has no general venue in Germany, the venue is the hotel’s place of business under company law.
4. The law of the Federal Republic of Germany shall apply. Application of the UN Sales Convention and the conflict of laws rules is precluded.
5. In the event that any individual provisions of these General Terms and Conditions of Business for the hotel accommodation agreement are or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. Otherwise, statutory provisions shall apply.