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General Terms and Conditions

Hotel Accommodation Agreement

 I. Scope

1. These Terms and Conditions apply to all agreements on the rental of hotel rooms, conference, banquet and function rooms of the hotel as well as all other additional services and goods supplied by the hotel.

2. Any subletting or further letting of rented rooms as well as the use of the rooms for purposes other than accommodation require the prior written agreement of the hotel. 

3. The general terms and conditions of the client only apply if this has been expressly agreed in writing.

II. Contents

1. All offers made by the hotel are unbinding. The contract comes into force through the hotel’s acceptance of the client’s booking request. The hotel is at liberty to confirm the booking in writing.

2. The subletting and further letting of the rented hotel rooms, function rooms, areas or showcases as well as the use of the rented premises and areas for job interviews, sales and similar events is generally not allowed and requires the prior written consent of the hotel.

3. The client does not acquire the right to be provided with certain rooms. Unless otherwise agreed, the hotel rooms will be available from 2.00 pm on the date of arrival (check-in time). The client is not entitled to an earlier availability. Booked rooms must be claimed by the client by 6.00 pm on the agreed date of arrival. Unless no later time of arrival has been expressly agreed, the hotel has the right to make the booked room available to other guests after 6.00 pm, without the client being entitled to claim any compensation as a result thereof. In this respect, the hotel has a right of withdrawal. On the agreed date of departure, the rooms must be vacated by 10.30 am (check-out time). After 10.30 am, the hotel is entitled to demand 50% of the full room rate (list price) for a late departure from the room by 2.00 pm and 100% of the full room price for the late departure from the room from 2.00 pm onwards. This shall not establish any contractual claims on part of the client. The client has the right to provide evidence that no or a lesser claim to compensation for use has incurred for the hotel.

4. It is generally not permitted to bring along food, beverages, flowers and furnishings to events. Exceptions must be agreed in writing in advance. In such cases a corkage fee and/or other compensation plus a service fee to cover the general costs will become due. 

5. The hotel facilities may only be used within the scope of the relevant opening hours (Sundays to Thursdays until 10:00 pm, Fridays and Saturdays until 11:00 pm). The current opening hours are displayed at the entrance to the respective facilities. The hotel reserves the right to change the opening hours and close facilities completely or partly, in particular due to reconstruction measures or hotel events or if the facilities cannot be used or only to a limited extent for other reasons. The extension of the opening hours to max. 12.00 am [midnight] can be agreed in writing before an event.

III. Rates, payment

1. The client is obligated to pay the current or agreed rates of the hotel for the accommodation and/or event as well as any other services rendered. This shall also apply for any services and expenses requested by the client and rendered or paid by the hotel to third parties. If a third party has initiated the booking on behalf of the client, the third party shall be jointly liable towards the hotel together with the client.   

2. The agreed rates include the applicable statutory VAT, unless otherwise agreed.  If the period between the conclusion and fulfilment of the accommodation agreement exceeds four months and if the rates generally invoiced by the hotel for such services or the statutory VAT increases during this period, the hotel may raise the agreed price to a reasonable extent, however by no more than 10% of the previously agreed price.

3. All services will be settled in euros. Any exchange rate difference and bank charges incurring from payments made in foreign currencies will be borne by the party liable to pay.  Advance payments made in a foreign currency will be set off against the total billing amount at the value date.  

4. Hotel bills are due within 14 days after receipt without deductions. The client shall automatically be in default upon expiry of the payment term determined by a fixed calendar date/period. In the event of a default in payment, the hotel has the right to charge default interest to the sum of 5% above the base interest rate from consumers. In commercial transactions, a default interest rate of 8% above the base interest rate will be charged. The hotel shall reserve the right to assert higher damage claims. For each reminder forwarded after the occurrence of default, the hotel is entitled to charge a reminder fee of EUR 5.00.

5. All items brought into the hotel by the client are subject to a lien with regard to any claims resulting from the above order. 

6. Complaints regarding bills must be communicated to the hotel directly after they are determined.

7. The form of billing (recipient) must be communicated to the hotel when the order is placed or at the latest at the end of the provision of the services.

IV. Withdrawal by the hotel

1. The hotel is entitled to withdraw from the agreement due to justified objective reasons, for example if

a) force majeure or other circumstances not under the control of the hotel make the fulfilment of the agreement impossible,

b) accommodations or events were booked by giving misleading or wrong information, for instance about the client or the purpose,

c) the hotel has reasonable cause to assume that the accommodation and/or event could jeopardise the smooth running of the hotel’s operations, the safety or the reputation of the hotel in the public eye in a way that is beyond the control or scope of the hotel’s domain and organisation, or

d) there is a breach of above Section II. 2.

2. The hotel must inform the client immediately in case of exercising its right of withdrawal.

3. If the hotel justifiably withdraws, the client shall have no right to assert claims for compensation. Any claims in accordance with Section IX remain unaffected.

V. Cancellation by the client

1. All cancellations must be made in writing.

2. With regard to booked rooms (accommodation), the following regulations apply for cancellations by the client:

a) If a room is cancelled on the check-in date after 4:00 pm, the client must pay 80% of the agreed rate per room and night booked. In the event of a failure to appear without cancellation, the full room rate will be due.

b) If group bookings are cancelled, i.e. bookings involving numerous guests with at least 10 rooms, the following conditions apply

o free of charge cancellation until the 45th calendar day prior to arrival

o 50% of the total billing amount will be charged for all booked rooms (accommodation) cancelled between the 44th and 30th calendar day prior to arrival

o 80% of the total billing amount will be charged for all booked rooms (accommodation) cancelled between the 29th and 5th calendar day prior to arrival

o 100% of the total billing amount will be charged for all booked rooms (accommodation) cancelled from the 4th calendar day prior to arrival.

c) With regard to booked events, the following regulations apply for cancellations by the client:

o free of charge cancellation by the client until the 45th calendar day prior to the event

o The agreed price for letting the facilities will be charged if the client cancels between the 44th and 30th calendar day prior to the event

o The hotel is entitled to charge the agreed price for letting the facilities plus 50% for the booked food and beverage sales if the client cancels between the 29th and 10th calendar day prior to the event

o The hotel is entitled to charge the agreed price for letting the facilities plus 50% for the booked food and beverage sales if the client cancels between the 9th and 5th calendar day prior to the event

o The food and beverage sales are calculated based on the following formula:

Food/beverage price x number of guests. In the event that no price has yet been arranged for food and beverages, a flat rate of EUR 19.00 will be charged. If no rates for letting the facilities has yet been arranged, the room rates of the hotel valid for the relevant period will apply.

o In the event that a conference flat rate has been agreed per guest, the hotel is entitled to charge 10% of the agreed conference flat rate x agreed number of guests for cancellations up to 45 calendar days prior to the event, 60% of the agreed conference flat rate x agreed number of guests for cancellations between the 44th and the 30th calendar day prior to the event and 85 % of the agreed conference flat rate x agreed number of guests for cancellations from the 29th calendar day prior to the event onwards

3. Changes to the scope of agreement due to delayed arrival or premature departure shall also be deemed cancellations in terms of the above regulations.

4. The client has the right to deliver proof of lesser damage, the hotel is entitled to provide proof of exceeding damage.  

VI. Changes to the number of guests and time of the event

1. If the number of guests varies by more than 5 %, the client must notify the hotel no later than 5 days before the start of the event; this requires the written approval of the hotel. Lacking the hotel’s approval, the hotel will bill its services based on the agreed number of guests even if less guests take part in the event, however taking into account any saved expenses.

2. If more guests take part in the event than agreed, the expenses incurring for the actual number of participants will be billed.

3. In case of a change in the number of guests by more than 10% at a date later than 5 days before the event takes place, the hotel is entitled to accept such change only under the condition that the agreed prices are newly negotiated.

4. If the agreed start and closing times of the event are changed without the prior written consent of the hotel, the hotel is entitled to invoice additional costs for its [on-call] services. 

5. The hotel is entitled to assign the client to other function rooms that those originally booked if this is deemed reasonable for the client; in particular if urgent maintenance work must be carried out or if the originally booked rooms are required otherwise and the capacity and equipment of the alternatively assigned rooms is comparable to that of the originally booked facilities or at least equally suitable for the event planned by the client. The hotel will immediately notify the client of any changes regarding the booked function rooms.

VII. Technical equipment and connections

1. If, at the client’s request, the hotel provides technical or other equipment as well as third-party services, it shall act on behalf, on the authority and on account of the client. The client is liable for the careful handling and the proper and orderly return of the equipment and indemnifies the hotel against any third-party claims arising from the provision of such equipment.  

2. Where technical constructions and systems are installed, the hotel may request that these are approved by the TÜV (Technical Inspection Association) and that the client must provide the hotel with the technical approval certificate directly and without further request.

3. The use of any own electrical systems of the client which are connected to the power system of the hotel must be approved by the hotel in writing. In this case, the hotel is entitled to charge a flat rate for electricity. The client shall be liable for any disruptions or damage to the technical systems of the hotel caused by the use of the client’s equipment, unless these are within the hotel’s responsibility.

4. The client may use its own telephone, fax and data transmission devices only with the approval of the hotel. The hotel has the right to charge connection charges for this.

5. Where the hotel’s own equipment remains unused on accordance of the client’s use of his own devices, the hotel is entitled to charge a compensation fee. 

VIII. Decoration material and other items provided by the client

1. Any decoration material brought to the hotel by the client must comply with fire safety requirements. The hotel may demand the presentation of an official approval certificate.

2. Due to the risk of possible damage, it is prohibited to install and fix items to the walls of the hotel. The hotel will provide poster racks or décor walls for a fee.

3. Any exhibition objects or other items must be immediately removed after the end of the stay and/or event. If the client does not meet this obligation, the hotel may arrange for the removal and storage of the items at the expense of the client. If items remain in the function room, the hotel may charge the rate for renting the facilities until the items are removed. The client has the right to provide proof of lesser damage, the hotel is entitled to provide proof of exceeding damage. The necessary disposal of any material left behind in the room shall also be carried out at the expense of the client. The foregoing provisions shall also apply for items rented from third-parties and brought into the rooms of the hotel.

IX. Liability of the hotel

1. Claims for compensation, on whatever legal grounds, are excluded, unless the hotel can be accused of wilful intent or must take responsibility for its own gross negligence or the gross negligence of its statutory representatives, executives or other agents, or the claims for compensation are based on the breach of obligations essential to the contract. Any liability resulting from this is, in all cases of slight negligence limited to the foreseeable damage typically occurring under such kind of contract. This shall not affect liability for injury to life, physical injury or damage to health.

2. If the client is an overnight guest, the hotel shall be liable for any items brought into the hotel pursuant to Section 701 et seqq. German Civil Code (BGB). In accordance with this, liability is limited to the hundredfold room rate, but no more than EUR 3,500.00 or EUR 800.00 for money and other valuables.

3. Wake-up services are performed by the hotel with greatest care. Claims for compensation, except in the case of gross negligence or intent, are excluded.

4. Messages, post and shipments for clients are handled with care. Claims for compensation, except in the case of gross negligence or intent, are excluded.

5. In accordance with Section 1, the hotel is liable for any damage to the vehicle of the client parked on a space in the hotel’s underground car park, for which the hotel, its staff or agents are responsible. The client is obligated to report any such damage immediately and any obvious damage before leaving the hotel’s car park. The hotel shall not assume liability for damage in the sole responsibility of other clients/guests or other third parties. The hotel, also, will not assume liability for damage caused by the vehicle of the client to the assets of third parties. The hotel’s liability for injury to life, physical injury or damage to health as well as for intent and gross negligence shall remain unaffected of this.

X. Liability of the client

1. The client is liable for any damage to buildings and/or inventory, caused by himself, a family member of guests, event participants and visitors, employees or other third parties associated with him, in accordance with the statutory provisions. It is the client’s responsibility to provide for sufficient insurance against such risks. The hotel has the right to request proof of such insurance.

XI. Final provisions

1. Changes or additions to the agreement, including the written form requirement, must be made in writing.

2. Place of fulfilment and payment is the location of the hotel.

3. Sole place of jurisdiction – also for disputes regarding cheques and exchanges – shall be the location of the hotel for all commercial business transactions. Where the client does not have a place of jurisdiction in Germany, the place of jurisdiction shall be the location of the hotel.

4. German law shall apply.

5. In the event that individual provisions of these general terms and conditions should be invalid or void, this shall not affect the effectiveness of the remaining provisions. The same shall apply for loopholes. Apart from that the statutory provisions shall apply.

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