I. Scope
1. These Terms and Conditions apply to Hotel Accommodation Contracts and all other services and deliveries provided to the Guest.
2. Deviating provisions, including those in the general terms and conditions of the Guest or the Purchaser are not applicable, unless they are expressly recognized in writing by the Hotel.
II. Contract, Contractual Parties
1. Once the Hotel has received a booking request from the Guest and has subsequently issued the corresponding booking confirmation, the contractual parties will enter into a Hotel Accommodation Contract (hereinafter referred to as the «Contract”).
2. The contractual parties are the Hotel and the Guest. If a third party should make a booking for the Guest, this third party is, together with the Guest, jointly and severally liable to the Hotel as Purchaser for all obligations under the Contract, insofar as the Hotel has at its disposal a corresponding declaration of the Purchaser. Irrespective of this, every Purchaser is obliged to forward all booking-relevant information, in particular these Terms and Conditions, to the Guest.
3. The subletting and re-letting of the provided rooms and their use for purposes other than accommodation require the prior consent of the Hotel in writing.
III. Services, prices, payment, offsetting
1. The Hotel is obliged to have ready the room booked by the Guest in accordance with these Terms and Conditions and to provide the agreed services.
2. The Guest is obliged to pay the valid or agreed prices of the Hotel for the provided room and any further services used by the Guest. This also applies to services requested by the Guest or the Purchaser and expenses that the Hotel incurs with regards to third parties. The agreed prices are understood to include the appropriate statutory value added tax. If the period between the conclusion of the Contract and the arrival of the Guest exceeds four months and the statutory value added tax increases after conclusion of the Contract, or any applicable local taxes and duties or local taxes and fees are newly introduced during this time, then the Hotel reserves the right to increase the agreed prices by the amount by which the applicable value added tax or local taxes and duties have increased.
3. The Hotel may make its consent to a Guest’s request, made after conclusion of the Contract, to reduce the number of rooms booked, the services of the Hotel or the duration of the Guest’s stay, conditional on the price of the rooms and/or of particular services of the Hotel increasing.
4. The Guest must immediately pay Hotel invoices upon receipt without any deduction. The Hotel can at any time demand from the Guest the immediate payment of claims due. The Guest is deemed to be in default if he or she has not made the payment within, at the latest, 30 days after the due date and the receipt of an invoice; this applies vis-á-vis a Guest who is a consumer only if these consequences are specified in the invoice. For each payment reminder after default has occurred, the Hotel can levy a dunning charge of € 5.00.
5. The Hotel is entitled, upon conclusion of the Contract, to demand from the Guest a reasonable advance payment or security deposit in the form of a credit card guarantee, a down payment or similar payment. The amount of the advance payment and the payment dates can be agreed in writing in the Contract.
6. In justifiable cases, for example the Guest has defaulted on the payment due or the scope of the Contract has been expanded, the Hotel is also entitled, after the conclusion of the Contract and until the beginning of the Guest’s stay, to demand an advance payment or security deposit within the meaning of paragraph 5 above or to demand an increase in the contractually agreed advance payment or security deposit; this increased advance payment or security deposit may be equal to the full agreed remuneration.
7. The Hotel is furthermore entitled, at the beginning and during the Guest’s stay, to a reasonable advance payment or security deposit within the meaning of paragraph 5 above for existing and future claims under the Contract, insofar as this does not already exist in accordance with paragraph 5 and/or paragraph 6 above.
8. The Guest can only offset a claim of the Hotel with the Guest’s own claim if his or her claim is undisputed or legally binding.
IV. Withdrawal by the Guest, Cancellation
1. The Hotel grants the Guest a permanent right of withdrawal. The following provisions apply:
a) If the Guest withdraws from the booking, the Hotel is entitled to reasonable compensation.
b) The Hotel has the choice to demand from the Guest compensation in the form of a compensation lump sum instead of a specifically calculated compensation amount. The compensation lump sum amounts to: 90% of the contractually agreed price for overnight stays with or without breakfast; 70% of the contractually agreed price for half-board accommodation; and 60% of the contractually agreed price for overnight stays with full-board arrangements. The Guest has the right to demonstrate that the Hotel has incurred no damages or that the damages incurred by the Hotel are lower than the requested damages compensation lump sum.
c) Insofar as the Hotel calculates a specific compensation amount, the compensation amount will be, at maximum, the amount of the contractually agreed price for the service to be provided by the Hotel, less the value of the expenses saved by the Hotel, as well as less what the Hotel acquires through other uses of the Hotel services.
2. The above provisions on compensation apply accordingly if the Guest does not make use of the booked room or the booked services without informing the Hotel in good time.
3. If the Hotel has given the Guest an option in the Contract of withdrawing from the Contract within a certain period without further legal consequences, then the Hotel is not entitled to compensation. Decisive for the timeliness of the declaration of withdrawal is when the Guest provides this to the Hotel. The Guest must declare his or her withdrawal from the Contract in writing.
V. Withdrawal by the Hotel
1. If the Guest has been granted a free right of withdrawal according to section IV paragraph 3, then the Hotel is also entitled to withdraw from the Contract within the agreed period provided that requests have been made by other guests for the booked rooms and provided that the Guest, when queried by the Hotel, does not waive the Guest’s free-of-charge right of withdrawal according to section IV paragraph 3.
2. If an agreed payment or security deposit, either of which is agreed upon or demanded in accordance with section III paragraph 5 and/or 6 above, is also not made after expiry of a grace period set by the Hotel, then the Hotel is also entitled to withdraw from the Contract.
3. Furthermore, the Hotel is entitled to withdraw from the Contract, especially if
• Force majeure or other circumstances not brought about by the Hotel make fulfilment of the Contract impossible;
• Upon room or rooms being booked, misleading or misrepresentative information is provided regarding important facts, for example, regarding the person of the Guest or the purpose of the booking;
• The Hotel has reason to believe that the utilization of the Hotel's services might endanger the unobstructed business operation, safety or public reputation of the Hotel without it being the case that this can be attributed to the management or organization of the Hotel;
• In the event of an unauthorized sublease or re-letting in accordance with section II paragraph 3;
• In the event of the circumstance specified in section VI, paragraph 3;
• The Hotel has become aware that the financial circumstances of the Guest have worsened significantly after conclusion of the Contract, in particular if the Guest does not pay for due payment claims of the Hotel or does not provide sufficient security and as a result payment claims of the Hotel appear to be endangered;
• The Guest has filed an application to open insolvency proceedings for the Guest’s assets; or has submitted a statutory declaration in accordance with § 807 ZPO; or has initiated an out-of-court debt settlement procedure; or has stopped the Guest’s payments;
• Insolvency proceedings regarding the assets of the Guest have been opened or the commencement of bankruptcy proceedings has been dismissed due to lack of assets.
4. The Hotel must inform the Guest of the Hotel’s exercise of the right of withdrawal immediately in writing.
5. In the aforementioned cases of withdrawal, the Guest is not entitled to make a claim for damages.
VI. Arrival and departure
1. The Guest acquires no claim to the provision of particular rooms, unless the Hotel has confirmed the provision of certain rooms in written form.
2. Booked rooms are available to the Guest from 3 pm of the agreed arrival day. The Guest is not entitled to an earlier provision of the rooms.
3. Booked rooms must be occupied by the Guest no later than 6 pm on the agreed arrival day. Insofar as a later arrival time has not been expressly agreed, the Hotel has the right to allocate booked rooms to someone else after 6 pm without the Guest being able to derive compensation claims therefrom. To this extent, the Hotel is entitled to a right of withdrawal.
4. On the agreed departure day, the rooms are to be vacated and available to the Hotel by 12 noon. Beyond this time, the Hotel can charge the daily room rate for damages incurred, until 6 pm. From 6 pm the Hotel can charge 100% of the full valid accommodation price. The Guest has the right to demonstrate to the Hotel that the Hotel has suffered no damages or considerably lower damage.
VII. Liability of the Hotel, Statute of Limitations
1. Should faults or defects in the services of the Hotel occur, then the Hotel will make every effort to rectify these problems as soon as they are reported by the Guest. If the Guest culpably omits to report a defect to the Hotel, then there is no entitlement to a reduction in the contractually agreed fee.
2. The Hotel is liable according to the relevant legal provisions for all damages resulting from injury to life, body and health as well as in the case of the assumption of a guarantee on the part of the Hotel and in the case of fraudulently concealed defects.
3. For all other damages that are not covered by section VII paragraph 2 and that are caused by slight negligence on the part of the Hotel, by its legal representatives or its vicarious agents, the Hotel is only liable if these damages occur as a result of a breach of its contractual obligations. In these cases, the liability is limited to the foreseeable damages that are typical for this kind of contract.
4. The above limitations of liability apply to all claims for damages regardless of their legal grounds, including claims arising from unlawful activity. The above limitations and exclusions of liability also apply in cases of any claims for damages that the Guest might make against employees or vicarious agents of the Hotel. They do not apply in cases of liability for a defect after a guarantee has been made for the quality for any items or services, in the case of fraudulently concealed errors, or in the case of personal injury.
5. For items brought onto the Hotel premises, the Hotel is liable to the Guest according to the relevant legal provisions, that is, up to one hundred times the accommodation price, but not more than €3,500.00. For valuables (cash, jewellery, etc.) this liability is limited to €800.00. The Hotel recommends making use of the possibility of storing items in the room safe or the central Hotel safe.
6. Insofar as the Guest is provided with a parking space in the Hotel garage or in a Hotel car park, also for a fee, no safekeeping contract has been entered into by the parties. The Hotel is not obliged to provide surveillance of the Hotel property. The Hotel assumes no liability for loss of or damage to motor vehicles parked or manoeuvred on the Hotel's property, nor the contents thereof, insofar as the Hotel, its legal representatives or its vicarious agents are not responsible for intent or gross negligence. In this case, a claim for damages must be made at the latest when the Guest leaves the Hotel grounds opposite the Hotel.
7. Wake-up calls are carried out by the Hotel with the utmost care. Claims for damages occurring in connection with wake-up calls, except for gross negligence or intent, are excluded.
8. Messages, mail and merchandise for Guests are handled with care. The Hotel will take care of the delivery, storage and, upon request and payment of a fee, can also forward items, including lost property. Claims for damages, except for gross negligence or intent, are excluded. The Hotel is entitled to hand over the aforementioned items to the local lost property office after a one-month retention period at the latest, subject to a reasonable fee.
9. Damages claims of the Guest become statute-barred after two years at the latest from the time at which the Guest becomes aware of the damages, or regardless of this knowledge, at the latest three years from the time of the damaging event. This does not apply to the liability for damages resulting from injury to life, limb or health as well as for other damages that are based on an intentional and grossly negligent breach of duty by the Hotel, a legal representative or vicarious agents of the Hotel.
VIII. Final Provisions
1. Amendments or additions to the Contract, to the acceptance of a request, or to these General Terms and Conditions for Hotel Accommodation, should be in written form. Unilateral amendments or supplements by the Guest are invalid.
2. Place of fulfilment and payment is the registered office of the Hotel.
3. The place of jurisdiction is – if the contracting party of the Hotel is a merchant or a legal entity under public law – the registered office of the Hotel. If the Guest of the Hotel does not have a general place of jurisdiction in Germany, then the place of jurisdiction is the registered office of the Hotel. However, the Hotel is entitled to bring actions and other legal proceedings also at the general place of jurisdiction of the Guest. The Hotel is unwilling and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.
4. The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention.
5. If individual provisions of these General Terms and Conditions for Hotel Accommodation are or become invalid or void, then this shall not affect the validity of the remaining provisions. In all other respects, the relevant statutory provisions apply.
I. Scope
1. These Terms and Conditions apply to the occasional use of the Hotel's conference, banquet and function rooms for the organization of events such as conferences, banquets, seminars, meetings and other events as well as all related services and supplies of the Hotel Michaelis GmbH (referred to as «Hotel” for short), in particular room reservations.
2. Deviating provisions, including those in the general terms and conditions of the Contracting Partner are not applicable, unless they are expressly recognized in writing by the Hotel.
II. Contract, Contracting Partner
1. The event contract (hereafter referred to as the "Contract") is entered into once the Purchaser accepts the offer submitted by the Hotel. If the Purchaser concludes the contract in the name of a third party, then it will not be the Purchaser, but rather the third party, who becomes the Contracting Partner of the Hotel; the Purchaser must inform the Hotel in good time before the conclusion of the contract and must inform the Hotel of the name and address of the actual Contracting Partner.
2. If the Purchaser concludes the contract in the name of the third party or if the third party has contracted a commercial agent or organizer, then the ordering party, agent or organizer shall be jointly and severally liable together with the third party, who becomes the Contracting Partner, for all obligations under the contract, insofar as the Hotel has appropriate declarations from the Purchaser, agent or organizer. Irrespective of this, the purchaser is obliged to forward all relevant information, in particular these General Terms and Conditions, to the third party.
3. The subletting or re-letting of the provided rooms, areas or showcases, as well as the invitation to participate in interviews, sales events or similar events, require the prior consent of the Hotel in writing.
III. Services, prices, payment, offsetting
1. The Hotel is obliged to provide the ordered and agreed services in accordance with these General Terms and Conditions.
2. The Contracting Partner is obliged to pay the valid or agreed prices of the Hotel for these services. This also applies to services requested by the Contracting Partner in connection with the event and expenses that the Hotel incurs with regards to third parties, in particular for claims of copyright collecting societies. The agreed prices include the appropriate statutory value added tax. If the period between the conclusion of the Contract and the fulfilment of the contract exceeds four months and the statutory value added tax increases after conclusion of the Contract, then the Hotel reserves the right to increase the agreed prices by the amount by which the applicable value added tax has increased. In addition, the Contracting Partner is liable for the payment of all food and drinks ordered by the participants of the event as well as other costs that the event participants have brought about.
3. The Contracting Partner must immediately pay Hotel invoices upon receipt without any deduction. The Hotel can at any time demand from the Contracting Partner the immediate payment of claims due. The Contracting Partner is deemed to be in default if he or she has not made the payment within, at the latest, 30 days after the due date and the receipt of an invoice; this applies vis-á-vis a Contracting Partner who is a consumer only if these consequences are specified in the invoice. For each payment reminder after default has occurred, the Hotel can levy a dunning charge of € 5.00.
4. The Hotel is entitled, upon conclusion of the Contract, to demand from the Contracting Partner a reasonable advance payment or security deposit in the form of a credit card guarantee, a down payment or similar payment. The amount of the advance payment and the payment dates can be agreed in writing in the Contract.
5. In justifiable cases, for example the Contracting Partner has defaulted on the payment due or the scope of the Contract has been expanded, the Hotel is also entitled, after the conclusion of the Contract and until the beginning of the event, to demand an advance payment or security deposit within the meaning of paragraph 4 above or to demand an increase in the contractually agreed advance payment or security deposit; this increased advance payment or security deposit may be equal to the full agreed-upon remuneration.
6. The Contracting Partner can only offset a claim of the Hotel with the Contracting Partner’s own claim if his or her claim is undisputed or legally binding.
IV. Withdrawal by the Contracting Partner, Cancellation
1. The Hotel grants the Contracting Partner a permanent right of withdrawal. The following provisions apply:
a) If the Contracting Partner withdraws from the booking, then the Hotel is entitled to reasonable compensation.
b) The Hotel has the choice to demand from the Contracting Partner compensation in the form of a compensation lump sum instead of a specifically calculated compensation amount. The compensation lump sum in the case of a withdrawal before 60 days prior to the commencement of the event amounts to 50% of the contractually agreed price for the event, in particular for the provision of Hotel premises, Hotel rooms and the provision of food and drinks. In the case of a withdrawal within 60 days of the event, the compensation lump sum amounts to 80% of the contractually agreed price for the event, in particular for the provision of Hotel premises, Hotel rooms and the provision of food and drinks. The contractually agreed price is calculated according to the agreed number of participants. Insofar as no amount for food and drinks has been contractually agreed upon, the lump sum will be based on the lowest priced three-course menu of the current event offer. The Contracting Partner has the right to demonstrate that the Hotel has incurred no damages or that the damages incurred by the Hotel are lower than the requested damages compensation lump sum.
c) Insofar as the Hotel calculates a specific compensation amount, the compensation amount will be, at maximum, the amount of the contractually agreed price for the service to be provided by the Hotel, less the value of the expenses saved by the Hotel, as well as less what the Hotel acquires through other uses of the Hotel services.
2. The above provisions on compensation apply accordingly if the Contracting Partner does not make use of the booked services without informing the Hotel in good time.
3. If the Hotel has given the Contracting Partner an option of withdrawing from the Contract within a certain period without further legal consequences, then the Hotel is not entitled to compensation. Decisive for the timeliness of the declaration of withdrawal is when the Contracting Partner provides this to the Hotel. The Contracting Partner must declare his or her withdrawal from the Contract in writing.
V. Withdrawal by the Hotel
1. If the Contracting Partner has been granted a free right of withdrawal according to section IV paragraph 3, then the Hotel is also entitled to withdraw from the Contract within the agreed period provided that requests have been made by other guests and customers for the booked rooms and event room and provided that the Contracting Partner, when queried by the Hotel, does not waive the Contracting Partner’s free-of-charge right of withdrawal according to section IV paragraph 3.
2. If an agreed payment or security deposit, either of which is agreed upon or demanded in accordance with section III paragraph 5 and/or 6 above, is also not made after expiry of a reasonable grace period set by the Hotel, then the Hotel is also entitled to withdraw from the Contract.
3. Furthermore, the Hotel is entitled to withdraw from the Contract for an important reason, especially if
• Force majeure or other circumstances not brought about by the Hotel make fulfilment of the Contract impossible;
• Upon events being booked, misleading or misrepresentative information is provided regarding important facts, for example, regarding the event organiser or the purpose of the booking;
• The Hotel has reason to believe that the utilization of the Hotel's services might endanger the unobstructed business operation, safety or public reputation of the Hotel without it being the case that this can be attributed to the management or organization of the Hotel;
• In the event of an unauthorized sublease or re-letting in accordance with section II paragraph 3;
• In the event of the circumstance specified in section VI, paragraph 3;
• The Hotel has become aware that the financial circumstances of the Contracting Partner have worsened significantly after conclusion of the Contract, in particular if the Contracting Partner does not pay for due payment claims of the Hotel or does not provide sufficient security and as a result payment claims of the Hotel appear to be endangered;
• The Contracting Partner has filed an application to open insolvency proceedings for the Contracting Partner’s assets; or has submitted a statutory declaration in accordance with § 807 ZPO; or has initiated an out-of-court debt settlement procedure; or has stopped the Contracting Partner’s payments;
• Insolvency proceedings regarding the assets of the Contracting Partner have been opened or the commencement of bankruptcy proceedings has been dismissed due to lack of assets.
4. The Hotel must inform the Contracting Partner of the Hotel’s exercise of the right of withdrawal immediately in writing.
5. In the aforementioned cases of withdrawal, the Contracting Partner is not entitled to make a claim for damages.
VI. Arrival and departure
1. The Contracting Partner acquires no claim to the provision of particular rooms, unless the Hotel has confirmed the provision of certain rooms in writing.
2. Booked rooms are available to the Contracting Partner from 3 pm of the agreed arrival day. The Contracting Partner is not entitled to an earlier provision of the room(s), unless the Contracting Partner has agreed to this with the Hotel in writing.
3. Booked rooms must be occupied by the Contracting Partner or the event participants no later than 6 pm on the agreed arrival day. Insofar as a later arrival time has not been expressly agreed, the Hotel has the right to allocate booked rooms to someone else after 6 pm without the Contracting Partner being able to derive compensation claims therefrom. To this extent, the Hotel is entitled to a right of withdrawal.
4. On the agreed departure day, the rooms are to be vacated and available to the Hotel by 12 noon. Beyond this time, the Hotel can charge the daily room rate for damages incurred, until 6 pm. From 6 pm the Hotel can charge 100% of the full valid accommodation price. The Contracting Partner has the right to demonstrate to the Hotel that the Hotel has suffered no damages or considerably lower damage.
VII. Changes in the number of participants and the time of the event
1. The Contracting Partner is obliged to provide the Hotel with the expected number of participants when making a purchase. The final number of participants must be communicated to the Hotel at least four working days before the event date in writing in order to ensure careful preparation of the event. The Contracting Partner must receive the consent of the Hotel if it wishes to change the number of participants by more than 5%.
2. When charging for the services that the Hotel will provide based on the number of persons registered (services such as Hotel rooms, food and drinks), if the number of registered and contractually agreed participants increases, then the Hotel will charge for the actual number of persons. In case of a reduction of more than 5% in the contractually agreed number of participants, the Hotel is entitled to charge for the contractually agreed number of participants less 5%.
3. If the number of participants is reduced by more than 10%, then the Hotel is entitled to increase the agreed prices appropriately and to exchange the confirmed rooms, unless this cannot be expected of the Contracting Partner. The prices may also be changed by the Hotel if the Contracting Partner subsequently requests changes to the number of participants, to the Hotel’s services or to the duration of the event, and if the Hotel agrees to any of these. If a definable part of a booked event is not used, then the Hotel may demand appropriate compensation for the unclaimed part in accordance with the provisions of section IV, paragraph 1 a) to c).
4. The Contracting Partner is free to prove that the Hotel has a higher share of saved expenses.
5. If the agreed start or end times of the event are changed in writing without the Hotel’s prior consent, then the Hotel may charge additional costs for the provision of staff and equipment, unless the Hotel is responsible for the delay.
6. For events that continue beyond 11 pm, the Hotel may, if not otherwise agreed, charge from this time on for itemized personnel costs. In addition, the Hotel may charge additional itemized travel costs if employees have to travel home after public transport has ceased to operate for the day.
VIII. Bringing own food and drinks onto the Hotel premises
The Contracting Partner may bring food and drinks to events only in agreement with the Hotel, which should be in writing. In these cases, the Hotel may charge a service charge to cover overheads.
IX. Handling of the event
1. Insofar as the Hotel procures technical and other equipment from third parties for the Contracting Partner at his or her request, the Hotel acts in the name, on behalf of and for the account of the Contracting Partner. The Contracting Partner is liable for ensuring the careful treatment and proper return of the items. The Contracting Partner indemnifies the Hotel against all claims from third parties arising from the provision of these facilities.
2. The use of own electrical systems and devices of the purchaser or event organizer using the power network of the Hotel requires the Hotel’s prior consent in writing. Disruptions or damage to the Hotel's technical equipment caused by the use of these devices and systems shall be borne by the Contracting Partner, unless the Hotel is responsible for these. The electricity costs resulting from the use of own electrical systems and devices can be calculated and charged by the Hotel.
3. The Contracting Partner is entitled, with the consent of the Hotel, to use his or her own telephone, fax and data transmission equipment. The Hotel may charge connection fees for this. If equivalent facilities of the Hotel remain unused on account of the Contracting Partner using his or her own equipment, then an appropriate deficiency compensation fee can be charged.
4. The Hotel will endeavour to remedy any disruptions to the technical or other facilities provided by the Hotel immediately upon the prompt notification of the Contracting Partner. Payments cannot be withheld or reduced, insofar as the Hotel is not responsible for these disruptions.
5. The Contracting Partner must obtain all necessary official permits for the execution of the event at his or her own expense. The Contracting Partner is responsible for compliance with these permissions as well as with all other public-law regulations in connection with the event. If the Contracting Partner transfers the provision of services in the context of the event (such as assembly work, etc.) to third parties, then the Contracting Partner must ensure compliance with all relevant health and safety regulations.
6. If the Contracting Partner him or herself arranges music performances and PA equipment, then the Contracting Partner shall complete independently the formalities and billing required with the responsible institutions (such as GEMA).
7. The Contracting Partner may use the name and trademarks of the Hotel in the context of advertising his or his event only after prior agreement with the Hotel.
X. Items brought onto the Hotel premises
1. Any exhibited items or other items, including personal belongings, when present in the event rooms or in the Hotel, fall under the risk of the Contracting Partner. The Hotel assumes no liability for loss, destruction or damage, except in case of gross negligence or intent of the Hotel. Exceptions to this are damages resulting from injury to life, limb or health. In addition, all cases in which the custody of item(s), owing to the circumstances of the individual case, represents a contractual-typical obligation, are excluded from this waiving of liability.
2. Decoration material brought onto the Hotel premises must comply with fire protection requirements. The Hotel is entitled to demand official proof of this. If this proof is not provided, then the Hotel is entitled to remove the material that has already been brought in at the expense of the customer. Owing to the possibility of damages occurring, the installation and attachment of items must be agreed in advance with the Hotel.
3. Exhibited items or other objects brought onto the Hotel premises must be removed immediately after the end of the event. Any items left behind may be removed and stored at the expense of the Contracting Partner. If the removal entails a disproportionately large effort on the part of the Hotel, then the Hotel may leave the items in the event room and charge the room fee for the period that the items remain there. The Contracting Partner has the right to demonstrate that lower damages have occurred; the Hotel has the right to demonstrate that higher damages have occurred.
4. Packaging material (cardboard boxes, crates, plastic, etc.) that have been brought in connection with supplying the event by the Contracting Partner or by third parties must be disposed of by the Contracting Partner. Should the organizer leave packaging material on the Hotel premises, then the Hotel is entitled to dispose of it at the expense of the Contracting Partner.
XI. Liability of the Contracting Partner
1. The Contracting Partner is liable for all damage to buildings or inventory caused by event participants or by event visitors, by employees, by other third parties from his area or by him or herself or by his or her legal representatives or vicarious agents.
2. The Hotel may require the Contracting Partner, in order to secure against possible claims for damages, to provide adequate securities (for example, insurance, deposits, guarantees).
XII. Liability of the Hotel, Statute of Limitations
1. Should faults or defects in the services of the Hotel occur, then the Hotel will make every effort to rectify these problems as soon as they are reported by the Contracting Partner. If the Contracting Partner culpably omits to report a defect to the Hotel, then there is no entitlement to a reduction in the contractually agreed fee.
2. The Hotel is liable according to the relevant legal provisions for all damages resulting from injury to life, body and health as well as in the case of the assumption of a guarantee on the part of the Hotel and in the case of fraudulently concealed defects.
3. For all other damages that are not covered by section XII paragraph 2 and that are caused by slight negligence on the part of the Hotel, by its legal representatives or its vicarious agents, the Hotel is only liable if these damages occur as a result of a breach of its contractual obligations. In these cases, the liability is limited to the foreseeable damages that are typical for this kind of contract.
4. The above limitations of liability apply to all claims for damages regardless of their legal grounds, including claims arising from unlawful activity. The above limitations and exclusions of liability also apply in cases of any claims for damages that the Contracting Partner might make against employees or vicarious agents of the Hotel.
5. For items brought onto the Hotel premises, the Hotel is liable to the Contracting Partner according to the relevant legal provisions, that is, up to one hundred times the accommodation price, but not more than €3,500.00. For valuables (cash, jewellery, etc.) this liability is limited to €800.00. The Hotel recommends making use of the possibility of storing items in the room safe or the central Hotel safe.
6. Insofar as the Contracting Partner is provided with a parking space in the Hotel garage or in a Hotel car park, also for a fee, no safekeeping contract has been entered into by the parties. The Hotel is not obliged to provide surveillance of the Hotel property. The Hotel assumes no liability for loss of or damage to motor vehicles parked or manoeuvred on the Hotel's property, nor the contents thereof, insofar as the Hotel is responsible for intent or gross negligence. This also applies to vicarious agents of the Hotel. The claim for damages must be made at the latest when leaving the Hotel grounds opposite the Hotel.
7. Wake-up calls are carried out by the Hotel with the utmost care. Claims for damages occurring in connection with wake-up calls, except for gross negligence or intent, are excluded.
8. Messages, mail and merchandise for Contracting Partners and event participants are handled with care. The Hotel will take care of the delivery, storage and, upon request and payment of a fee, can also forward items, including lost property. Claims for damages, except for gross negligence or intent, are excluded. The Hotel is entitled to hand over the aforementioned items to the local lost property office after a one-month retention period at the latest, subject to a reasonable fee.
9. Damages claims of the Contracting Partner become statute-barred after two years at the latest from the time at which the Contracting Partner becomes aware of the damages, or regardless of this knowledge, at the latest three years from the time of the damaging event. This does not apply to the liability for damages resulting from injury to life, limb or health as well as for other damages that are based on an intentional and grossly negligent breach of duty by the Hotel, a legal representative or vicarious agents of the Hotel.
XIII. Final Provisions
1. Amendments or additions to the Contract, to the acceptance of a request, or to these General Terms and Conditions for Hotel Events, should be in writing. Unilateral amendments or supplements by the Contracting Partner are invalid
2. Place of fulfilment and payment is the registered office of the Hotel.
3. The place of jurisdiction is – if the Contracting Partner of the Hotel is a merchant or a legal entity under public law – the registered office of the Hotel. If the Contracting Partner of the Hotel does not have a general place of jurisdiction in Germany, then the place of jurisdiction is the registered office of the Hotel. However, the Hotel is entitled to bring actions and other legal proceedings also at the general place of jurisdiction of the Contracting Partner. The Hotel is unwilling and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.
4. The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention.
5. If individual provisions of these General Terms and Conditions for Hotel Events are or become invalid or void, then this shall not affect the validity of the remaining provisions. In all other respects, the relevant statutory provisions apply.
Version: March 2018
