General Terms and Conditions for the Michaelis Admission Agreement

(as of April 2020)

Please download the Terms and Conditions here as a PDF

1. Scope of Application

1.1 These terms and conditions apply to contracts for the temporary rental of hotel rooms for accommodation purposes, as well as to all other related services and deliveries provided to the customer by Michaelis.
1.2 The subletting or further leasing of the rooms provided, as well as their use for purposes other than accommodation, requires the prior written consent of Michaelis. Section 540 (1), sentence 2 of the German Civil Code (BGB) shall not apply, provided the customer is not a consumer within the meaning of Section 13 BGB.
1.3 The customer's general terms and conditions shall only apply if this has been expressly agreed in writing in advance.

2. Conclusion of Contract, Contracting Parties, Limitation Period

2.1 The contract is concluded upon acceptance of a booking request by Michaelis GmbH (hereinafter also referred to as "Michaelis"). Michaelis is free to confirm the room booking in writing.
2.2 The contracting parties are Michaelis and the customer. If a third party has made the booking on behalf of the customer, that third party shall be jointly and severally liable with the customer for all obligations arising from the accommodation agreement, provided that Michaelis has received a corresponding declaration from the third party.
2.3 All claims against Michaelis shall generally become time-barred after one year from the start of the statutory limitation period. This does not apply to claims for damages or to other claims arising from intentional or grossly negligent breaches of duty.

3. Services, Prices, Payment, Set-Off

3.1 Michaelis is obligated to provide the rooms booked by the customer and to render the agreed services.
3.2 The customer is obligated to pay the agreed or applicable prices of Michaelis for the provision of rooms and any additional services used by the customer. This also applies to services arranged by the customer directly or through Michaelis that are provided by third parties and paid in advance by Michaelis.
3.3 The agreed prices include all taxes and local charges in effect at the time of contract conclusion, insofar as these are owed by the guest under local municipal law (e.g., visitor’s tax). In the event of changes to the statutory VAT or the introduction, change, or abolition of local charges related to the service after the conclusion of the contract, the prices shall be adjusted accordingly. In contracts with consumers, this applies only if the period between contract conclusion and performance exceeds four months.
3.4 Michaelis may make its consent to a subsequent reduction requested by the customer regarding the number of booked rooms, the services of Michaelis, or the customer’s length of stay dependent on a reasonable increase in the price for the rooms and/or for the other services provided by Michaelis.
3.5 Invoices issued by Michaelis are payable immediately upon receipt without any deduction. If "payment by invoice" has been agreed between the customer and Michaelis, payment shall be made—unless otherwise agreed—within ten days of receipt of the invoice, without any deduction.
3.6 In the event of payment default, Michaelis is entitled to charge the applicable statutory default interest. Michaelis reserves the right to prove and claim greater damages.
3.7 Michaelis is entitled to require a reasonable advance payment or security deposit from the customer at the time the contract is concluded, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed in the contract in text form. In the case of advance payments or security deposits for package tours, the statutory provisions shall remain unaffected.
3.8 In justified cases—for example, if the customer is in arrears or if the scope of the contract is extended—Michaelis is entitled, even after conclusion of the contract and up until the start of the stay, to demand an advance payment or security deposit as described in clause 3.7, or to increase the amount of any advance payment or security deposit agreed in the contract, up to the full agreed price.
3.9 Furthermore, Michaelis is entitled to request a reasonable advance payment or security deposit from the customer at the beginning and during the stay, in accordance with clause 3.7, for existing and future claims arising from the contract, provided such payment has not already been made in accordance with clause 3.7 and/or clause 3.8.
3.10 The customer may only offset or assert a right of retention against claims of Michaelis if the counterclaim is undisputed or has been established by final and binding judgment.
3.11 The customer agrees that invoices may be sent electronically.

4. Customer’s Withdrawal (Cancellation, Termination), Non-Utilization of Michaelis’ Services

4.1 A customer’s withdrawal from the contract concluded with Michaelis is only possible if a right of withdrawal has been expressly agreed in the contract or these general terms and conditions, if a statutory right of withdrawal exists, or if Michaelis expressly consents to the termination of the contract.
4.2 If a deadline for free withdrawal from the contract has been agreed between Michaelis and the customer, the customer may withdraw from the contract until then without triggering any payment or compensation claims by Michaelis.
4.3 For individual bookings (1 to 5 rooms per night), the customer may withdraw free of charge up to 7 days before the planned stay. For later cancellations and non-utilization of the service, the agreed fee is payable, taking into account the provisions under clause 4.5.
4.4 For bookings of room contingents (more than 6 rooms per night), the customer may cancel part of the room contingent free of charge:

Cancellation period

Portion of the contingent that can be returned free of charge

Cancellation up to 10 weeks before arrival.

50% of the contingent per night

Cancellation up to 6 weeks before arrival.

25% of the contingent per night

Cancellation up to 4 weeks before arrival.

10% of the contingent per night

For rooms that cannot be cancelled free of charge and are not utilized, the agreed fee shall be payable, taking into account the provisions under clause 4.5.

4.5 If a right of withdrawal has not been agreed upon or has already expired, there is no statutory right of withdrawal or termination, and if Michaelis does not agree to the termination of the contract, Michaelis retains the claim to the agreed remuneration despite non-utilization of the service. Michaelis shall credit income from renting the rooms elsewhere as well as saved expenses. If the rooms are not rented elsewhere, Michaelis may lump-sum the deduction for saved expenses. In this case, the customer is obliged to pay 90% of the contractually agreed price for overnight stays with or without breakfast as well as for package arrangements including third-party services, 70% for half-board arrangements, and 60% for full-board arrangements. The customer is free to prove that the aforementioned claim has not arisen or has not arisen to the demanded extent.

5. Withdrawal by Michaelis

5.1 If it has been agreed that the customer may withdraw from the contract free of charge within a certain period, Michaelis is entitled to withdraw from the contract within this period if there are inquiries from other customers for the contractually booked rooms and the customer, upon inquiry by Michaelis with reasonable notice, does not waive their right to withdraw. This applies accordingly when an option is granted, if there are other inquiries and the customer, upon inquiry by Michaelis with reasonable notice, is not willing to make a firm booking.
5.2 If an advance payment or security deposit agreed or requested pursuant to clauses 3.6 and/or 3.7 is not made even after the expiry of a reasonable grace period set by Michaelis, Michaelis is also entitled to withdraw from the contract.
5.3 Furthermore, Michaelis is entitled to withdraw from the contract for good cause without notice, in particular if

force majeure or other circumstances beyond Michaelis’ control make the fulfillment of the contract impossible;
rooms or facilities are booked culpably under misleading or false information or by concealing essential facts; essential facts may include the identity of the customer, solvency, or the purpose of the stay;
Michaelis has justified reason to believe that the use of the service may endanger the smooth business operations, safety, or reputation of Michaelis in public, without this being attributable to Michaelis’ sphere of control or organization;
the purpose or reason for the stay is illegal;
there is a breach of clause 1.2 of these general terms and conditions.

5.4 A justified withdrawal by Michaelis does not entitle the customer to claim damages.

6. Room Provision, Handover, and Return

6.1 The customer does not acquire any right to the provision of specific rooms unless this has been expressly agreed in writing.
6.2 Booked rooms are available to the customer from 3:00 p.m. on the agreed day of arrival. The customer has no right to earlier provision.
6.3 On the agreed day of departure, the rooms must be vacated and made available to Michaelis no later than 12:00 p.m. Thereafter, Michaelis may charge 50% of the full lodging price for the extended use of the room until 6:00 p.m., and 90% after 6:00 p.m. Contractual claims by the customer are not established thereby. The customer is free to prove that Michaelis has no claim or a significantly lower claim to usage fees.

7. Liability of Michaelis

7.1 Michaelis is liable for damages caused by injury to life, body, or health for which it is responsible. Furthermore, it is liable for other damages resulting from intentional or grossly negligent breaches of its contractual obligations. Contractual obligations are those duties that make the proper execution of the contract possible and on whose fulfillment the customer relies and may rely. A breach of duty by Michaelis is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded unless otherwise regulated in this clause 7. Should disturbances or defects occur in Michaelis’ services, Michaelis will, upon knowledge or immediate complaint by the customer, endeavor to provide remedy. The customer is obligated to contribute reasonably to remedy the disturbance and minimize potential damage.
7.2 Michaelis is liable to the customer for deposited items according to statutory provisions, i.e., up to one hundred times the room price, but not exceeding an amount of €3,500.00, and for money, securities, and valuables up to an amount of €800.00. Michaelis recommends using the Michaelis or room safe. If the customer wishes to deposit money, securities, and valuables exceeding €800 or other items exceeding €3,500.00 in value, a separate safekeeping agreement with Michaelis is required.
7.3 If a parking space in the Michaelis garage or on the Michaelis parking lot is provided to the customer, even for a fee, no custodial contract is thereby established. Michaelis is only liable for loss or damage to motor vehicles parked or maneuvered on Michaelis premises and their contents to the extent stated in clauses 7.1 sentences 1 to 4 above.
7.4 Wake-up calls are carried out by Michaelis with the utmost care. Messages for customers are handled carefully. Michaelis may, after prior agreement with the customer, accept, store, and—upon request and for a fee—forward mail and shipments. Michaelis is only liable for this in accordance with the provisions of clause 7.1, sentences 1 to 4.

8. Use of Wi-Fi

8.1 Michaelis provides customers with free internet access. There is no legal entitlement to uninterrupted use and/or a specific speed of the internet connection against Michaelis.
8.2 The customer or user undertakes to comply with applicable laws and good morals when using the internet. They agree not to distribute or access content that violates copyright or other legal provisions or is immoral, in particular:

not to distribute or access content that is anti-constitutional, racist, or glorifies violence; not to access, reproduce, distribute, or make available copyrighted material,
not to install or use file-sharing programs.
In any case of violation of these obligations by the customer or user, Michaelis is entitled to immediately block access. Michaelis reserves the right to claim damages. Michaelis expressly points out to the customer or user that making copyrighted works available on the internet constitutes a criminal offense; accessing such works may also already be a criminal offense.
8.3 The customer or user further undertakes to keep passwords received for Wi-Fi access confidential.
8.4 Michaelis points out to the customer or user that they are responsible for protecting their device from harmful programs or intrusion attempts from the internet and for securing their data.
8.5 Michaelis is not liable for any damages incurred by the customer or user through the use of the internet access, except for damages caused intentionally or by gross negligence by Michaelis. This exclusion of liability does not apply to injury to life, body, or health.

9. Data Protection

9.1 Michaelis collects, processes, and uses the necessary personal data of the customer for the purpose of fulfilling the contractual relationship. Michaelis is entitled to transfer personal data to third parties insofar as this is necessary for the performance of Michaelis’ contractual obligations. The legal basis for processing the customer’s personal data is Article 6 (1) sentence 1 lit. b GDPR.

10. Final Provisions

10.1 Amendments and additions to the contract, the acceptance of the offer, or these General Terms and Conditions should be made in text form. Unilateral changes or additions are invalid.
10.2 Place of performance and payment as well as the exclusive place of jurisdiction in commercial transactions is Leipzig. If the customer fulfills the requirements of § 38 (2) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, Leipzig shall be the place of jurisdiction.
10.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
10.4 In accordance with legal requirements, Michaelis points out that the European Union has established an online platform for the out-of-court resolution of consumer disputes ("OS Platform"): http://ec.europa.eu/consumers/odr/

General Terms and Conditions for Events
(As of March 2020)

1. Scope of Application

1.1 These General Terms and Conditions apply to contracts for the temporary rental of conference, banquet, and event rooms of Hotel Michaelis GmbH (hereinafter also referred to as «Michaelis”) for the purpose of holding events such as banquets, weddings, seminars, conferences, exhibitions, presentations, etc., as well as to all related services and deliveries provided to the customer by Michaelis.
1.2 The subletting or further rental of the rooms provided or any other rented items, as well as their use for interviews, sales or similar events, or for political events, requires the prior written consent of Michaelis. Section 540 (1), sentence 2 of the German Civil Code (BGB) does not apply, provided the customer is not a consumer. In any case, the event organizer is obliged to impose the general obligations contained in the contract or in these General Terms and Conditions on any third parties to whom the rooms are made available, and to inform these third parties of the general duty of care associated with a rental relationship, particularly with regard to the careful treatment of the rented property.
1.3 The customer's general terms and conditions shall only apply if this has been expressly agreed in advance.

2. Contract Conclusion, Contracting Parties, Limitation Period

2.1 The event contract is concluded upon the customer's acceptance of the offer made by Michaelis.
2.2 The contracting parties are Michaelis and the customer. If the customer/orderer is not the event organizer or if a commercial intermediary or organizer is engaged by the event organizer, the event organizer shall be jointly and severally liable with the customer for all obligations arising from the contract, provided that Michaelis has received a corresponding declaration from the event organizer.
2.3 All claims against Michaelis shall generally become time-barred one year after the commencement of the statutory limitation period. Claims for damages shall become time-barred, regardless of knowledge, after five years. The shortened limitation periods do not apply to claims based on intentional or grossly negligent breaches of duty by Michaelis.
2.4 The customer is obliged to inform Michaelis without being asked, at the latest upon conclusion of the contract, whether the event, due to its political, religious, or other character, is likely to endanger the smooth operation of the business, safety, or public reputation of Michaelis.

3. Services, Prices, Payment, Set-Off

3.1 Michaelis is obliged to provide the services ordered by the customer and confirmed by Michaelis.
3.2 The customer is obliged to pay the agreed or applicable prices of Michaelis for these and any additional services used. This also applies to services and expenses of Michaelis to third parties initiated by the customer, in particular to claims from copyright collecting societies. The agreed prices include the applicable statutory VAT, unless otherwise stated. If the period between contract conclusion and the event exceeds four months and the statutory VAT increases after contract conclusion, Michaelis reserves the right to increase the agreed prices by the corresponding VAT increase. If during this period the general prices charged by Michaelis for such services increase, the contractually agreed price may be reasonably increased, but by no more than 5%.
3.3 Invoices issued by Michaelis are payable immediately upon receipt without deduction. If "payment by invoice" has been agreed between the customer and Michaelis, payment shall be made—unless otherwise agreed—within ten days of receipt of the invoice, without deduction.
3.4 In the event of payment default, Michaelis is entitled to charge the applicable statutory default interest. Michaelis reserves the right to prove and claim higher damages.
3.5 Michaelis is entitled, at the time of contract conclusion, to require a reasonable advance payment or security deposit from the customer, 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.
3.6 In justified cases, for example in the event of the customer's payment arrears or if the scope of the contract is expanded, Michaelis is entitled, even after contract conclusion and up until the start of the event, to demand an advance payment or security deposit as described in clause 3.5 or to increase the agreed advance payment or security deposit up to the full agreed price.
3.7 Michaelis is also entitled, at the beginning and during the event, to demand a reasonable advance payment or security deposit as described in clause 3.5 for existing and future claims arising from the contract, provided that such a payment or security has not already been made pursuant to clause 3.5 and/or clause 3.6.
3.8 The customer may only offset or assert a right of retention against a claim of Michaelis with an undisputed or legally established claim.
3.9 The customer agrees that the invoice may be sent to them electronically.

4. Customer’s Withdrawal (Cancellation), Non-utilization of Services

4.1 In addition to their statutory rights of withdrawal, the customer may withdraw from the concluded event contract, provided that such right has been expressly agreed in writing in the event contract or is granted to them under the following provisions.
4.2 If the event, according to the contract, is a seminar, meeting, conference, or other business-related event organized by an entrepreneur pursuant to § 14 of the German Civil Code (BGB), with a maximum of 100 participants as per the event contract, the customer may cancel the contract free of charge up to 6 weeks before the scheduled event date. If the customer cancels between the 6th and 4th week prior to the scheduled event date, Michaelis is entitled to charge 50% of the lost food revenue in addition to the room rental according to clause 4.6; for cancellations between the 4th and 2nd week, 80%, and for later cancellations, 90% of the food revenue.
If the room rental was not agreed separately in the contract but included as part of a conference package, Michaelis is entitled to charge 15% of the conference package per planned participant for cancellations between the 6th and 4th week, 60% between the 4th and 2nd week, and 90% for later cancellations.
Michaelis shall offset any alternative income it earns that it would not have received without the cancellation.
4.3 For all other types of events, such as weddings, the customer may cancel the contract free of charge up to 180 days before the scheduled event date. If the customer cancels between the 120th and 91st day prior to the event, Michaelis is entitled to charge an additional 10% of the lost food revenue, in addition to the room rental as per clause 4.6; 60% for cancellations between the 90th and 31st day, and 90% for later cancellations. For cancellations between the 180th and 120th day, no charges will be applied with regard to food.
4.4 The calculation of the food revenue is based on the formula: agreed menu price × number of participants. If no price has yet been agreed for the menu, the lowest-priced 3-course menu or buffet from the current event offering will be used as a basis.
4.5 The deduction for saved expenses on the part of Michaelis is already taken into account in clauses 4.2 to 4.6. The customer is entitled to provide evidence that the claimed amount did not arise at all or is significantly lower than claimed.
4.6 If no right of free cancellation has been agreed or if such a right has already expired, and there is no statutory right to withdraw free of charge, and Michaelis does not agree to a free cancellation of the contract, the room rental specified in the event contract must still be paid even if the event space is not used. Michaelis will fully offset any income earned from renting out the venue to another party. If the venue cannot be re-rented, Michaelis will deduct a flat rate of 10% of the contractually agreed room rental for saved expenses. The customer remains entitled to prove that higher savings were achieved.

5. Withdrawal by Michaelis

5.1 If it has been agreed that the customer may withdraw from the contract free of charge within a specified period, Michaelis is also entitled to withdraw from the contract during this period if there are inquiries from other customers for the contractually reserved event spaces and the customer, upon inquiry from Michaelis and within a reasonable period, does not waive their right of withdrawal. This also applies in the case of an option being granted, if other inquiries exist and the customer is not willing to make a binding booking upon inquiry from Michaelis within a reasonable period.
5.2 If an advance payment or security deposit agreed upon or required in accordance with clause 3.5 and/or clause 3.6 is not made even after a reasonable grace period set by Michaelis, Michaelis is likewise entitled to withdraw from the contract.
5.3 Furthermore, Michaelis is entitled to withdraw from the contract for objectively justified reasons, in particular if

force majeure or other circumstances not attributable to Michaelis make the fulfillment of the contract impossible;
rooms or spaces are booked by providing misleading or incorrect information or by concealing essential facts; essential may be the identity of the customer, the purpose of the event, financial capability, or the purpose of stay;
Michaelis has reasonable grounds to believe that the event may jeopardize the smooth operation of the business, safety, or the reputation of Michaelis in public, without this being attributable to the control or organizational scope of Michaelis;
the purpose or occasion of the stay is unlawful;
there is a violation of clause 1.2 of these General Terms and Conditions;
the customer fails to fulfill their obligation under clause 2.3 of these General Terms and Conditions.

5.4 A justified withdrawal by Michaelis does not entitle the customer to claim damages.

6. Changes in the Number of Participants and Event Times

6.1 The customer is obliged to inform Michaelis of the expected number of participants when placing the order. The final number of participants must be communicated by the customer to Michaelis in text form no later than 5 working days before the event date to ensure proper preparation. A change in the number of participants of more than 5% requires the consent of Michaelis.
6.2 A reduction in the number of participants by up to 5% by the customer will be acknowledged by Michaelis in the final invoice. For deviations beyond this, the originally agreed number of participants minus 5% will be used as the basis. The customer has the right to reduce the agreed price by the amount of savings in expenses demonstrably incurred due to the reduced number of participants.
6.3 In the event of an increase in the number of participants, the actual number of participants will be used for billing purposes.
6.4 If the number of participants deviates by more than 10%, Michaelis is entitled to re-determine the agreed prices and to exchange the confirmed rooms, unless this is unreasonable for the customer.
6.5 If the agreed start and/or end times are delayed without prior approval from Michaelis, Michaelis may charge additional reasonable costs for service readiness, unless Michaelis is responsible for the delay.

7. Bringing Food and Beverages

7.1 The customer may only bring food and beverages to the event if prior written consent has been given by Michaelis. Such consent may be made conditional upon payment of a fee to cover overhead costs.

8. Technical Equipment and Connections

8.1 If Michaelis procures technical or other equipment for the customer for their event, it does so in the name of, with authority from, and on behalf of the customer. The customer is liable for the careful handling and proper return of the equipment. The customer shall indemnify Michaelis against all claims by third parties arising from the provision of such equipment.
8.2 The use of the customer’s own electrical devices connected to Michaelis’s power supply requires prior written consent. Any disturbances or damage to Michaelis’s technical equipment caused by the use of such devices shall be the responsibility of the customer, provided Michaelis is not at fault. Michaelis may record and charge electricity costs at a flat rate. Electrical devices may only be connected to the existing power network to the extent that the permitted load, which the customer must clarify in advance if uncertain, is not exceeded.
8.3 With the consent of Michaelis, the customer is allowed to use their own telephone, fax, and data transmission equipment. Michaelis may charge a connection fee for this.
8.4 If suitable equipment provided by Michaelis remains unused due to the connection of the customer’s own devices, Michaelis may charge a compensation fee in individual cases.
8.5 Malfunctions of technical or other equipment provided by Michaelis will be remedied as quickly as possible. Payments may not be withheld or reduced unless Michaelis is responsible for such malfunctions.
8.6 Michaelis may provide the customer with an internet connection upon request, typically for a fee. Michaelis acts only as the access provider and offers no legal entitlement to uninterrupted service and/or specific bandwidth. Michaelis assigns its performance claims against the service provider to the customer as fulfillment. Internet access is granted after the customer receives the login credentials.
8.7 The customer or user agrees to comply with all applicable laws and moral standards when using the internet. In particular, the customer agrees not to distribute or access content that violates copyright laws or other legal provisions, or that is immoral, especially:

not to distribute or access content that is unconstitutional, racist, or glorifies violence,
not to access, duplicate, distribute, or make available any copyright-protected material,
not to install or use file-sharing programs.
In the event of any violation of the above obligations, Michaelis is entitled to immediately block access. Michaelis reserves the right to claim damages. Michaelis explicitly informs the customer or user that making copyright-protected works available online constitutes a criminal offense; accessing such content may also be a criminal offense.

8.8 The customer or user further agrees to keep the provided login credentials confidential.
8.9 Michaelis informs the customer or user that they are responsible for protecting their devices against harmful software or unauthorized access and for backing up their own data. Michaelis is not liable for any damage incurred through the use of the internet connection, except for damage caused intentionally or by gross negligence. This exclusion of liability does not apply in cases of injury to life, body, or health.

9. Collective Management Organizations

9.1 Michaelis informs the customer that if a musical accompaniment for an event is provided by a band, disc jockey, or similar, registration with the Society for Musical Performing and Mechanical Reproduction Rights (GEMA) is required. The obligation to register explicitly lies with the customer. The customer expressly indemnifies Michaelis from this registration obligation and from any liability in this context, particularly for any costs that may arise. The customer is informed about the possibility of obtaining information at www.gema.de

10. Loss or Damage of Brought-in Items

10.1 Exhibits or other items brought along, including personal belongings, are at the customer’s risk in the event rooms or on the premises of Michaelis. Michaelis assumes no liability for loss, destruction, or damage, including financial losses, except in cases of gross negligence or intent by Michaelis. This exclusion does not apply to damages resulting from injury to life, body, or health. Furthermore, all cases in which safekeeping is a contractually typical obligation due to the circumstances of the individual case are excluded from this limitation of liability.
10.2 Decoration materials brought by the customer must comply with fire safety requirements. Michaelis is entitled to request official proof of compliance. If such proof is not provided, Michaelis is entitled to remove already installed materials at the customer’s expense. Due to possible damage, the placement and attachment of objects must be coordinated with Michaelis in advance.
10.3 Exhibits or other items brought by the customer must be removed immediately from the event rooms at the end of the event and may not be left in other publicly accessible areas of Michaelis—even temporarily. If the customer fails to clear the event rooms, Michaelis may remove and store the items at the customer’s cost and risk. If items remain in the event room, Michaelis may charge the agreed rental and preparation fees for the duration of the stay. The organizer is free to prove lower damages, Michaelis to prove higher damages.

11. Liability of Michaelis

11.1 Michaelis is liable for damages caused by it due to injury to life, body, or health. Furthermore, it is liable for other damages resulting from intentional or grossly negligent breaches of contractual obligations by Michaelis. Contractual obligations are those duties that make proper performance of the contract possible in the first place and on whose fulfillment the customer relies and may rely. A breach of duty by Michaelis is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise regulated in this section 11. Should disruptions or defects occur in Michaelis’ services, Michaelis will endeavor to remedy them upon knowledge or immediate complaint by the customer. The customer is obligated to contribute what is reasonable to resolve the disruption and minimize any potential damage.
11.2 If a parking space in the Michaelis garage or parking lot is made available to the customer, even for a fee, this does not constitute a safekeeping contract. Michaelis is only liable for loss or damage to vehicles parked or stationed on Michaelis property and their contents in accordance with section 11.1 sentences 1 to 4 above.
11.3 Messages, mail, and shipments for the customer will be handled with customary care. Michaelis undertakes the delivery, storage, and – upon explicit request – for a fee, the forwarding of the same. Otherwise, section 11.1 sentences 1 to 4 above apply.

12. Liability of the Customer and Other Obligations

12.1 The customer is liable to Michaelis for all damages and losses to the event premises that go beyond normal wear and tear, in particular also for any exhibited items contained therein, regardless of whether these are caused by the customer, their employees, vicarious agents, representatives, or guests who come into contact with them at the customer’s instigation.
12.2 Any vehicles present at the event location are for display purposes only. Crossing the barriers in front of the vehicles is not permitted.
12.3 Any damage of any kind to the leased property or the exhibited items must be reported to Michaelis immediately in writing.
12.4 The customer must ensure that all waste is disposed of in accordance with the applicable legal provisions regarding separation and other treatment. If the organizer leaves waste in violation of these provisions, Michaelis is entitled to charge the organizer for the costs of proper disposal as well as any special cleaning of the rooms that may be required.
12.5 The use of external security services requires prior approval from Michaelis.
12.6 The organizer must obtain all necessary official permits for the event in a timely manner and at their own expense. They are responsible for complying with public-law requirements and other regulations.
12.7 Michaelis may require reasonable securities to be provided if there is justified cause.
12.8 Advertising installations and other signs, banners, etc., may only be placed on the leased property (inside and outside the leased rooms) with prior written consent from Michaelis. Such installations must be removed within the agreed rental period.
12.9 At the events, the customer must comply with the permissible emission protection limit values of the neighborhood and the applicable police regulations for noise protection. Any claims for damages arising from violations of these emission protection limit values or the applicable police regulations shall be borne exclusively by the customer.
12.10 The use of fireworks, confetti, as well as the erection of bouncy castles or comparable structures, is only permitted with prior written consent from Michaelis.

13. Corporate Identity

13.1 The full name of Michaelis is «Hotel Michaelis GmbH”. When providing information about the event location, the customer is obligated to use the correct company name.
13.2 The image, photo, and film material as well as the logo of Michaelis are protected by copyright. Use is only permitted with prior written consent from Michaelis.

14. Data Protection

14.1 Michaelis collects, processes, and uses the personal data of the customer as necessary for the purpose of fulfilling the contractual relationship. Michaelis is entitled to transfer the personal data to third parties insofar as this is necessary for the provision of Michaelis’s contractual services. The legal basis for processing the customer’s personal data is Article 6 (1) sentence 1 lit. b GDPR.

15. Final Provisions

15.1 Changes and additions to the contract, the acceptance of the offer, or these General Terms and Conditions should be made in text form. Unilateral changes or additions are invalid.
15.2 Place of performance and payment as well as the exclusive place of jurisdiction in commercial transactions is Leipzig. If the customer meets the requirements of § 38 (2) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, Leipzig shall be deemed the place of jurisdiction.
15.3 German law applies. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
15.4 Should individual provisions of these General Terms and Conditions be or become invalid or void, the validity of the remaining provisions shall not be affected. In all other respects, the statutory provisions shall apply.

General Terms and Conditions for Event Catering
(As of March 2020)

1. Scope of Application

1.1 These General Terms and Conditions apply to all contracts concerning the provision of catering services (preparation and delivery of food and beverages, provision of personnel) by Hotel Michaelis GmbH (hereinafter also referred to as "Michaelis").
1.2 The customer's general terms and conditions shall only apply if this has been expressly agreed in advance.

2. Offer, Conclusion of Contract, Contracting Parties

2.1 All offers made by Michaelis are non-binding and subject to change, unless expressly designated as binding.
2.2 Declarations of acceptance require written confirmation by Michaelis to be legally effective. The same applies to additions, amendments, and side agreements.
2.3 Contracting parties are Michaelis and the customer. If the customer/orderer is not the actual organizer, or if a commercial agent or organizer is engaged by the organizer, the organizer shall be jointly and severally liable with the customer for all obligations arising from the contract, provided Michaelis has received a corresponding declaration from the organizer.

3. Scope of Services

3.1 The services provided by Michaelis include all materials and services necessary for the execution of the commissioned catering. Excluded from this are all services related to adequate electricity and water supply. The customer is obligated to provide, at their own expense, electricity and water connections (inlet and outlet, including wastewater) up to the power distributor or water hydrant. Michaelis is only responsible for the internal distribution of electricity and water connections to the end devices. The consumption costs, i.e., the costs for electricity and water usage incurred during the catering event, shall be borne by the customer. Michaelis is permitted to subcontract the execution of the order. The specific scope of services is determined in the contract.
3.2 If individual items from the range of services are temporarily unavailable—also due to seasonal changes—Michaelis is entitled, after consultation with the customer, to replace them with goods of at least equal value and of comparable quality and characteristics to those contractually agreed upon.
3.3 The contracting party is obligated to communicate any requested changes to the scope of services in text form no later than 7 days before the start of the event.

4. Delivery

4.1 Delivery dates and deadlines, whether binding or non-binding, must be agreed upon in writing.
4.2 If the customer is in default of acceptance, fails to perform a required act of cooperation, or if the delivery is delayed for other reasons attributable to the customer, Michaelis is entitled to claim compensation for any resulting damages, including additional expenses (e.g., transport and storage costs).
4.3 Michaelis shall be released from its delivery obligation insofar as it is prevented from fulfilling it due to an event beyond its control, including strikes, war, natural disasters, political events, epidemics, official orders or decrees, or other events for which Michaelis is not responsible.
4.4 If Michaelis is released from its delivery obligation pursuant to Clause 4.3, the customer shall not be entitled to withdraw from or terminate the contract, nor to assert any other claims, in particular claims for damages, against Michaelis. In particular, there is no entitlement to compensation for travel and accommodation costs or loss of work. The above limitation of liability does not apply insofar as Michaelis or one of its legal representatives or vicarious agents is guilty of gross negligence or willful misconduct, nor does it apply to claims arising from injury to life, body, or health.

5. Transfer of Risk (for the Delivery of Food and Beverages)

5.1 The risk of accidental loss and accidental deterioration of the delivered food and beverages shall pass to the contracting party upon handover.
5.2 In the case of a sale involving shipment, the risk of accidental loss and accidental deterioration of the delivered food and beverages shall pass to the customer as soon as they have been handed over to the carrier, freight forwarder, or any other person designated to carry out the shipment.
5.3 If Michaelis delivers food, beverages, or event equipment using its own vehicles to the contracting party, the risk shall pass to the customer upon arrival at the customer’s specified destination.
5.4 Handover shall be deemed to have taken place if the customer is in default of acceptance. In such cases, the customer shall bear the storage costs from the time the goods are ready for dispatch. Michaelis is entitled to dispose of the goods elsewhere after setting a reasonable deadline.
5.5 Crockery, cutlery, glasses, tables, chairs, kitchen equipment, warming plates, etc., remain the property of Michaelis, regardless of whether they are provided free of charge or for a usage fee. All items must be returned to Michaelis after the intended use has ended. Losses and damages are the responsibility of the customer and will be charged by Michaelis in the final invoice at replacement cost.

6. Liability for Defects

6.1 The statutory provisions apply to the customer's rights in the case of material and legal defects, unless otherwise stipulated in these General Terms and Conditions.
6.2 The basis for liability for defects is the agreement made regarding the quality of the goods. If no specific quality has been agreed upon, it must be assessed in accordance with statutory provisions whether a defect exists.
6.3 If the customer is a business entity, their claims for defects require that they have fulfilled their statutory obligations to inspect and notify of defects (§§ 377, 381 para. 2 German Commercial Code – HGB). The contracting party is obligated to inspect the delivered goods immediately upon delivery and to report any existing defects without delay.
6.4 In the event of a defect, Michaelis is initially entitled to provide subsequent performance. Such performance shall, at Michaelis’ discretion, be in the form of remedying the defect or delivering a defect-free item.

7. Other Liability

7.1 Michaelis shall only be liable for damages caused by grossly negligent or intentional breaches of duty, or by at least negligent breaches of essential contractual obligations (cardinal obligations). Cardinal obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on the compliance with which the contracting party regularly relies and may rely, and/or obligations whose breach endangers the achievement of the contract's purpose. For cardinal obligations, liability is limited to the typically foreseeable damage.
7.2 The above limitation of liability does not apply to damages resulting from injury to life, body, or health, nor in cases where Michaelis has exceptionally assumed a guarantee. In addition, liability remains unaffected under the mandatory provisions of the applicable product liability laws.

8. Prices and Payment Terms

8.1 All stated prices are net prices unless explicitly marked as gross prices and are subject to applicable statutory taxes.
8.2 Michaelis is entitled to request a down payment amounting to 80% of the contractually agreed fee. This payment is due 2 weeks prior to delivery/event start.
8.3 Invoices are payable 10 days after invoicing and delivery.
8.4 In the event of payment default, Michaelis is entitled to charge the applicable statutory default interest. Michaelis reserves the right to prove and claim higher damages.
8.5 The customer may only offset or withhold payments against claims that are undisputed or have been legally established.
8.6 The customer agrees to receive the invoice via electronic transmission.

9. Cancellation by the Customer

9.1 If the customer terminates, withdraws from, or cancels the contract for reasons not attributable to Michaelis, Michaelis may, at its discretion, charge either the actual costs incurred or assert compensation claims, or may calculate compensation on a flat-rate basis, based on typical expenses in relation to the progress of services, as follows—unless otherwise agreed:

for cancellations up to 14 business days before the delivery date: 25% of the agreed fee and costs,
for cancellations up to 7 business days before the delivery date: 50% of the agreed fee and costs,
for cancellations up to 3 business days before the delivery date: 75% of the agreed fee and costs,
thereafter, the full contractually agreed fee shall be payable.

The customer is free to provide evidence that the claimed amount did not arise or is lower than stated.

10. Termination by Michaelis

10.1 Michaelis is entitled to terminate the contract with the customer without notice if there is a valid reason. A valid reason exists in particular if:

the customer fails to make the agreed advance payment on time,
insolvency proceedings are initiated against the customer's assets. If Michaelis exercises its right of termination under the above circumstances, the customer is obligated to compensate all damages resulting from the termination.

11. Changes in Number of Participants and Event Timing

11.1 The customer is obligated to inform Michaelis in writing of the guaranteed number of guests for catering no later than 10 business days before the start of the event/delivery time. This number forms the basis for billing. A reduction in the reported number will not be taken into account. The fee will not be adjusted.
11.2 In the event that the number of participants exceeds the reported number, the actual number of participants will be charged.
11.3 If the number of participants deviates by more than 10%, Michaelis is entitled to adjust the agreed prices.
11.4 If the agreed start or end times of the event are delayed and Michaelis agrees to the change, Michaelis may charge the customer for the additional service availability, unless Michaelis is responsible for the delay.

12. Retention of Title

12.1 Ownership of the delivered goods remains with Michaelis until full payment has been received.

13. Data Protection

13.1 Michaelis collects, processes, and uses the necessary personal data of the customer for the purpose of fulfilling the contractual relationship. Michaelis is entitled to pass on the personal data to third parties insofar as this is necessary for the provision of Michaelis’s contractual services. The legal basis for processing the customer's personal data is Article 6 (1) sentence 1 lit. b GDPR.

14. Final Provisions

14.1 Amendments and supplements to the contract, acceptance of the offer, or these General Terms and Conditions should be made in text form. Unilateral amendments or supplements are invalid.
14.2 Place of performance and payment, as well as the exclusive place of jurisdiction in commercial transactions, is Leipzig. If the customer meets the requirements of § 38 para. 2 of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, Leipzig shall be the place of jurisdiction.
14.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
14.4 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.

Michaelis in Leipzig