1. SCOPE
1.1 These General Business Terms and Conditions apply to contracts on the provision for rental use of hotel rooms for lodging and to all other services and supplies provided to the customer by the hotel in this connection (Hotel Accommodation Contract). The term “Hotel Accommodation Contract” encompasses and replaces the following terms: lodging, guest accommodation, hotel and hotel room contract.
1.2 The sub-letting and re-letting of the rooms provided for use and the use thereof for any purposes other than those of lodging is subject to the prior consent of the hotel in text form, whereby section 540 (1) sentence 2 German Civil Code (BGB) is excluded insofar as the customer is not a consumer as defined in section 13 BGB.
1.3 General business terms and conditions of the customer shall only be applicable if this is explicitly agreed in text form in advance.
2. CONCLUSION OF CONTRACT, PARTNER, STATUTE OF LIMITATIONS
2.1 The hotel and the customer are the parties to the contract. The contract is concluded by acceptance by the hotel of the application made by the customer. The hotel can confirm the room reservation in text form at its discretion.
2.2 All claims against the hotel shall become statute-bound in principle one year after commencement of the statutory limitation period. This does not apply to claims for damages or other claims if the latter are based on an intentional or grossly negligent breach of duty of the hotel.
3. SERVICES, PRICES, PAYMENT, OFFSET
3.1 The hotel is obliged to keep the rooms reserved by the customer available and to render the services agreed.
3.2 The customer is obliged to pay the hotel’s prices that are agreed for or applicable to the provision of the room for use and to other services used by the customer. This also applies to services ordered by the customer either directly or through the hotel which are performed by third parties and paid for in advance by the hotel.
3.3 The prices agreed are inclusive of the taxes and local taxes applicable at the time when the contract is concluded. They do not include local taxes such as local visitor’s tax [Kurtaxe] which the guest owes himself or herself under local community law.
The prices shall be adjusted accordingly in the event of changes to the statutory value added tax or of the introduction, change or elimination of local taxes on the subject matter of the contract after the contract has been entered into. In the case of contracts with consumers, this only applies if the period of time elapsing between the date of conclusion of the contract and the date of performance of the contract is longer than four months.
3.4 The hotel may make its consent to a request made retrospectively by the customer to reduce the number of rooms reserved, the services provided by the hotel or the duration of the customer’s stay dependent upon reasonably increasing the price of the rooms and/or of the other services of the hotel.
3.5 The hotel invoices are due and payable immediately upon receipt without any deductions being made. If payment by invoice [Zahlung auf Rechnung] is agreed, payment shall be made within ten days of receipt of the invoice without any deductions being made unless otherwise agreed.
3.6 When the contract is entered into, the hotel has the right to request a reasonable advance payment or security from the customer, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed in the contract in text form. In the event of advance payments or security for package travel, the provisions of statute shall remain unaffected. The provisions of statute shall apply in the event of late payment by the customer.
3.7 In justified cases, for example if the customer is in arrears in payment or if the scope of the contract is extended, the hotel has the right to demand, even after the contract has been concluded up until the time when the residence commences, advance payment or security as set out in subsection 3.6 above or an increase in the amount of the advance payment or security agreed in the contract up to the full amount of the remuneration agreed.
3.8 Further, the hotel has the right to request, at the beginning and during the course of the customer’s stay, a reasonable advance payment or security within the meaning of subsection 3.6 above for existing and future claims under the contract, insofar as no such payment or security has already been made or provided pursuant to subsection 3.6 and/or 3.7 above.
3.9 The customer may only offset or net out an undisputed claim or a claim established by final and absolute court decision against a claim of the hotel.
3.10 The customer is in agreement with the invoice being sent to the customer by electronic transmission.
4. WITHDRAWAL OF THE CUSTOMER (CANCELLATION, ANNULMENT) /
FAILURE TO USE HOTEL SERVICES (NO SHOW)
4.1 It is only possible for the customer to revoke the contract concluded with the hotel if a revocation right has been explicitly agreed in the contract, if there is a statutory revocation right or if the hotel explicitly consents to the cancelation of the contract.
4.2 If the hotel and the customer have agreed upon a deadline for revocation of the contract free of charge, the customer may revoke the contract up until that date without triggering any claims for payment or damages by the hotel.
4.3 If no revocation right has been agreed or if it has already expired, and if there is no statutory right of revocation or termination and if the hotel does not agree to the cancellation of the contract, then the hotel retains its entitlement to the remuneration agreed although the service was not used. The hotel shall offset income from otherwise letting the rooms and saved expenditures. If the rooms are not otherwise let, the hotel can apply a flat rate for the saved expenditures. In this case the customer is obliged to pay 90% of the contractually-agreed price for overnight accommodation with or without breakfast and for package deals with third party services, 70% for half board and 60% for full board. The customer is at liberty to demonstrate that the above claim did not arise or not in the amount claimed.
5. WITHDRAWAL OF THE HOTEL
5.1 If it has been agreed that the customer may revoke the contract free of charge within a certain period, then the hotel has, for its part, the right to revoke the contract within this period if inquiries are made by other customers relating to the contractually reserved rooms and if the customer does not waive its revocation right after an inquiry is made and a reasonable period of time set by the hotel. This shall apply accordingly if the customer has been granted an option and other inquiries are made and the customer is not prepared to make a firm booking after the hotel makes an inquiry and sets an appropriate time period.
5.2 The hotel also has the right to revoke the contract if an advance payment or security agreed or required in accordance with subsection 3.6 and/or subsection 3.7 has not been paid after an appropriate period of grace set by the hotel has expired.
5.3 Further, the hotel has the right, for an objectively legitimate reason, to revoke the contract for extraordinary grounds, in particular in the event of
– force majeure or other circumstances for which the hotel is not responsible, which render performance of the contract impossible;
– rooms being reserved by culpably providing material facts that are wrong or misleading or by failing to provide material facts; in this context the term material can mean the identity of the customer, the customer’s ability to pay or the purpose of the residence;
– the hotel having reasonable grounds to assume that the use of the service can jeopardize the smooth running of the business, the safety or public reputation of the hotel without this being attributable to the area of responsibility or organization of the hotel;
– the purpose of or the reason for the stay being in violation of the law;
– a breach of subsection 1.2.
5.4 Revocation by the hotel that is justified does not give the customer the right to claim damages.
6. ROOM AVAILABILITY, DELIVERY AND RETURN
6.1 The customer does not acquire a right to the provision of specific rooms unless this has been explicitly agreed in text form.
6.2 The reserved rooms shall be available for use by the customer with effect from 15:00 hours on the agreed date of arrival. The customer has no right to earlier availability.
6.3 The rooms shall be vacated and available for use by the hotel by 12:00 noon at the latest on the agreed departure date. After this time, as the room was vacated late, the hotel has the right to charge for the room use exceeding that which was contractually agreed in an amount of 50% of the full accommodation price up until 18:00 hours and in an amount of 90% after 18:00 hours (price as per price list). This does not give rise to contractual rights of the customer. The customer is at liberty to demonstrate that the hotel did not acquire a claim for compensation for use or acquired a significantly lower claim.
7. LIABILITY OF THE HOTEL
7.1 The hotel is liable for damage which it is accountable for resulting from injury to life, body or health. It is further liable for other damage which is based on an intentional or grossly-negligent breach of duty of the hotel or on an intentional or negligent breach of duties of the hotel typical of the type of contract [vertragstypischen Pflichten]. Duties typical of the type of contract are those duties which enable the proper execution of the contract altogether and which the customer relies on being performed and is able to rely on being performed. A breach of duty of a statutory representative or person engaged in performance of an obligation of the hotel [Erfüllungsgehilfe] is equivalent to a breach of duty of the hotel. More far-reaching claims for damages are excluded unless otherwise provided for in this Section 7. If there should be any disruptions or deficiencies in the services of the hotel, the hotel shall endeavor to remedy this when it has knowledge thereof or upon a complaint being made without undue delay by the customer. The customer is obliged to contribute what it can be reasonably expected to contribute in order to remedy the disruption and minimize possible damage.
7.2 The hotel is liable to the customer in accordance with the provisions of statute for items brought with the customer. The hotel recommends the use of the hotel or room safe. If the customer wishes to bring with him or her money, securities or valuables valued at over Euro 800 or other property items valued at over Euro 3,500, a separate safekeeping agreement must be entered into with the hotel.
7.3 If the customer is provided with a parking space in the hotel garage or in the hotel parking lot, even if this is for payment, a custody contract is not concluded as a result. If cars parked or driven on the hotel premises or the contents thereof are lost or damaged, the hotel is only liable in accordance with sentences 1 to 4 of subsection 7.1 above.
7.4 Wake-up calls are made with great care by the hotel. Messages for customers are treated with care. After prior agreement with the customer, the hotel can accept, store and – if desired – dispatch for a charge mail and consignments of goods. In this connection the hotel is only liable in accordance with sentences 1 to 4 of subsection 7.1 above.
8. GRANTING OF PARKING PLACE
8.1 By driving into the garage park or other hotel parking area, a rental contract comes into effect between the hotel and the guest for the stay requested by the lessee within the opening hours.
8.2 Vehicles may be parked only within the marked parking spaces, but not on the spaces that are marked by signs as reserved for long term users. The hotel is entitled to take appropriate measures to move or let be moved incorrectly parked vehicles at the expense of the lessee. For this purpose, the hotel can charge a fee; in this case the lessee can have it moved. For this purpose, the hotel calculates a flat rate charge.
8.3 In case of an imminent danger from the Park area the Brauhaus Hotel GmbH is also entitled to remove the vehicle of the lessee.
8.4 Driving in the parking area should be only at walking speed. The fire prevention standards and safety rules must be followed. In this context the road traffic regulations (StVO) apply to the entire parking area.
8.5 There is a parking fee of €4.00 per night per car. If the lessee uses more than one car space with his vehicle, then the hotel is entitled to charge the full parking amount for the actual number of parking spaces used.
8.6 The lessee is liable for cleaning costs, if he causes pollution of the parking area.
8.7 The hotel is entitled to a legal lien on the parked vehicle of the lessee due to its right of retention of the lease.
9. LIABILITY OF THE ORGANIZER
9.1 The customer is liable to any loss or damage, which have been caused by his employees, other assistants and by his event participants as well as any loss or damage which he has caused himself. It is up to the customer in this case to buy the necessary insurance. The hotel may demand the proof of an appropriate insurance.
9.2 To prevent damage to the walls and furniture, it is required to agree in advance with the hotel to fix decoration material or any other items. The customer assumes liability especially for decoration material in the foyer so that it will meet police requirements. In case of doubt, the hotel is entitled to request the appropriate document according to fire safety regulations.
9.3 The hotel shall only be liable for any loss or damage to personal items if at fault in the context of legal provisions.
10. GIFT VOUCHERS
10.1 With the use of a gift voucher as payment a contract is in force with the Hotelpark Stadtbrauerei Arnstadt GmbH, Brauhausstraße 1-3, 99310 Arnstadt. The voucher is only due with full payment.
10.2 Only persons who have already reached the age of 18 are allowed to purchase the online gift vouchers.
10.3 The purchaser of the gift voucher is responsible for the correct data (in particular email address), to who the gift voucher and the invoice shall be sent.
10.4 The voucher may not be resold and is also non-transferable.
10.5 The voucher can be submitted only if there is vacancy in the hotel.
10.6 The voucher may not be exchanged with cash.
10.7 Redemption of part of a voucher is possible only with value vouchers.
10.8 Vouchers cannot be used in the case of online payments.
10.9 Unless otherwise agreed, the statutory period of 3 years shall apply to the limitation of claims of vouchers.
CANCELLATION POLICY
Statements to vouchers may be revoked within 14 days without giving reasons in any chosen form (letter, fax, email) or if a voucher is handed over before the expiry date and also, by returning the voucher. The time period starts after the receipt of this instruction in writing, but not before receipt of the voucher by the recipient. To safeguard the revocation period, it is enough to send a timely revocation or the voucher. Send the revocation to the Hotelpark Stadtbrauerei Arnstadt GmbH, Brauhausstraße 1-3, 99310 Arnstadt, telefax: 03628/607444; email: info@hotelpark-arnstadt.de.
A right of revocation is excluded, if the use of service has already started within the revocation period.
11. FINAL PROVISIONS
11.1 Alterations and supplements to the contract, to acceptance of the application and to these General Business Terms and Conditions shall be made in text form. Unilateral changes or supplements are ineffective.
11.2 The place of performance and payment shall be … [please insert the place, either the location of the hotel or the registered office of its operating company] and the courts of … [please insert the place, either the location of the hotel or the registered office of its operating company] shall have exclusive jurisdiction over commercial transactions – also over disputes relating to cheques and bills of exchange. If the customer meets the condition of section 38 (2) German Code of Civil Procedure (ZPO) and does not have a general place of jurisdiction in Germany, the courts of … [please insert the place, either the location of the hotel or the registered office of its operating company] shall have jurisdiction and venue.
11.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
11.4 In compliance with its statutory obligation the hotel points out that the European Union has set up an online platform for the extrajudicial resolution of consumer disputes (“ODR platform”): http://ec.europa.eu/consumers/odr/
The hotel does not, however, participate in dispute resolution proceedings held before consumer dispute resolution bodies.
1. SCOPE
1.1 These terms and conditions apply to contracts for the rental use of conference, meeting, and event rooms of Hotelpark Stadtbrauerei Arnstadt GmbH for the purposes of holding events such as banquets, seminars, conferences, exhibitions, and presentations, etc. as well as for all related services and consignments rendered in this connection by the hotel to the customer.
1.2 The Sub-letting or re-letting of let rooms, areas or showcases provided, as well as invitations to job interviews, sales or similar events require the prior written consent of the hotel, whereby section 540, paragraph 1, sentence 2 of the German Civil Law (BGB) shall be waived, as far as the customer is not a consumer.
1.3 General terms and conditions of the customer shall only apply if this has been previously expressly agreed.
2. CONTRACT, CONTRACTING PARTIES, LIABILITY, STATUTE OF LIMITATIONS
2.1 Contracting parties are the hotel and the customer. The contract becomes valid when the hotel accepts the customer’s application. The hotel is at liberty, to confirm the booking of the event in writing.
2.2 The hotel shall be liable for damages caused by damage to life, body, or health. Furthermore, it is liable for other damages, which are based on an intentional or grossly negligent breach of duty by the hotel or on a deliberate or negligent breach of contract obligations of the hotel. A breach of obligation of the hotel is deemed to be the equivalent to a breach of a statutory representative or vicarious agent. Any further claims for damages, not otherwise provided in section 9 are excluded. Should disruptions or defects in the performance of the hotel occur, the hotel shall act to remedy such upon knowledge thereof or upon objection by the customer made without undue delay. The customer shall be obliged to undertake actions reasonable for him to eliminate the disruption and to keep any possible damage to a minimum. In addition, the customer is obliged to point out to the hotel in good time on the possibility of an exceptionally high damage.
2.3 Any claims against the hotel shall generally be time-barred one year after the commencement of the general statute of limitations period. Damage claims shall be time-barred after five years, dependent on knowledge thereof, as far as they are not based on claims arising out of harm inflicted on life, limb, physical health, or liberty. These damage claims shall be time-barred after ten years, independent of knowledge thereof. The reduction of the statute of limitation periods shall not apply to claims which are based on an intentional or grossly negligent breach of obligation by the hotel.
3. SERVICES, PRICES, PAYMENT, OFFSET
3.1 The hotel is obligated to keep the rooms reserved by the customer available and to render the agreed services.
3.2 The customer is obligated to pay the agreed or applicable hotel prices for rooms provided and for other services accepted. This also applies to services ordered by the customer directly or via the hotel, which a third party provides and the hotel disburses. This applies in particular also for claims of copyright collecting societies.
3.3 The agreed prices include all taxes in effect at the time of the conclusion of contract. If the statutory value added tax is changed or if local taxes concerning the rooms and services are newly introduced, amended, or abolished after these have been contractually agreed upon, the prices will be adjusted accordingly. This only applies to contracts concluded with consumers, if four months have passed between the conclusion and fulfilment of the contract.
3.4 Hotel invoices not stating a due date are payable without deduction and due within ten days of receipt of the invoice. The hotel can demand immediate payment of due debt from the customer. With default of payment, the hotel shall be entitled to demand the respectively applicable statutory default interest in the amount of currently 8% or, with legal transactions with a consumer, in the amount of 5% above the base interest rate. The hotel reserves the right to prove greater damage.
3.5 The hotel is entitled to require a reasonable advance payment or a security, such as a credit card guarantee, from the customer upon conclusion of the contract. The amount of the advance payment and payment dates may be agreed in written form in the contract.
3.6 In justified cases, e.g. the customer’s default in payment or expansion of the scope of the contract, the hotel shall be entitled, also after the conclusion of the contract up to the commencement of the stay, to demand an advance payment or a security within the meaning of the above-mentioned section 3.5 or an increase of the advance payment or a security agreed in the contract up to the total agreed remuneration.
3.7 The customer may only offset, reduce, or clear a claim by the hotel with a claim which is undisputed or decided with final, res judicata effect.
4. WITHDRAWAL OF THE CUSTOMER (CANCELLATION, ANNULMENT)
4.1 The customer can only withdraw from the contract concluded with the hotel, if a right of withdrawal was explicitly agreed upon in the contract, another statutory right of withdrawal exists or if the hotel gives its explicit consent to the withdrawal. The contractual agreement of a right of withdrawal as well as the consent to withdrawal from the contract shall be in writing.
4.2 Insofar as the hotel and customer have agreed upon a date for a cost-free withdrawal from the contract, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer’s right of withdrawal shall expire, if he does not exercise his right of withdrawal vis-à-vis the hotel by the agreed date.
4.3 The hotel is entitled to the contractually agreed rate even if the hotel services are not used, if a contractual right of withdrawal was not agreed or has expired, a statutory right of withdrawal or cancellation is not given and the hotel does not give its consent to the cancellation of the contract. The hotel has to deduct the saved expenses. The respective saved expenses can be paid in a lump sum in accordance with sections 4.4, 4.5 and 4.6. The customer is free to prove that the claim did not occur or did not occur in the amount demanded. The hotel is free to prove that a higher claim occurred.
4.4 If the customer withdraws, the hotel is entitled to invoice 70% of lost food sales plus the agreed rent.
4.5 Food sales are calculated using the following formula: agreed menu price x the number of participants. If no price had yet been agreed for the menu, then the least expensive three course menu in the current set of event offerings shall apply.
4.6 If a seminar flat rate per participant has been agreed, then the hotel shall be entitled to charge, with a cancellation, 85% of the conference package flat rate x agreed number of participants.
5. WITHDRAWAL OF THE HOTEL
5.1 Insofar as it was agreed that the customer can withdraw from the contract at no cost within a certain period of time, the hotel is entitled for its part to withdraw from the contract during this period of time if inquiries from other customers regarding the contractually reserved conference rooms are available and the customer, upon inquiry thereof by the hotel with a reasonable deadline set, does not waive his right of withdrawal.
5.2 If an agreed advance payment or an advance payment or a security demanded in accordance with section 3.6 and/or section 3.7 is not made even after a reasonable grace period set by the hotel has expired, then the hotel is likewise entitled to withdraw from the contract.
5.3 Moreover, the hotel is entitled to effect extraordinary withdrawal from the contract for a materially justifiable cause, in particular if a force majeure or other circumstances beyond the hotel’s control render the fulfillment of the contract impossible:
– Conference rooms or spaces are reserved with knowingly misleading or false information or concealment regarding essential facts; whereby the identity or solvency of the customer or the purpose of his stay can be essential;
– the hotel has justified cause to believe that use of the event might jeopardize the smooth operation of the business, its security or public reputation, without being attributable to the hotel’s sphere of control or organization;
– the purpose of the event is against the law;
– There is a breach of the above paragraph 1.2.
5.4 The justified cancellation by the hotel does not entitle the customer to claim damages.
6. CHANGES IN NUMBER OF PARTICIPANTS AND TIME OF EVENT
6.1 An increase of the number of participants by more than 5% must be communicated to the hotel no later than five working days before the beginning of the event; the hotel must give its consent, preferably in writing. The invoice will be calculated on the basis of the actual number of participants and will be based on at least 95% of the agreed higher number of participants. A maximum of 5% of the agreed participants can be cancelled free of charge until 3 days before arrival. By later cancellation of individual participants, 90% of the booked turnover will be charged per participant.
6.2 If the number of participants changes by more than 10%, the hotel shall be entitled to redetermine the agreed prices and to exchange the confirmed room reservations unless this is unreasonable for the customer.
6.3 If the agreed starting or ending times of the event change and the hotel agrees to such deviations, the hotel may reasonably charge for the added cost of stand-by service, unless the hotel is at fault.
7. BRINGING OF FOOD AND BEVERAGES
In general, the customer may not bring food and drinks to the events. Exceptions are subject to an agreement with the hotel. In these cases, a contribution to cover the overhead costs will be charged.
8. TECHNICAL FACILITIES AND CONNECTIONS
8.1 Insofar as the hotel obtains technical and other facilities or equipment from third parties for the customer at the customer’s request, it does so in the name of, with power of attorney and for the account of the customer. The customer is responsible for the careful handling and proper return of the equipment. The customer shall indemnify the hotel against all third-party claims arising from the provision of the facilities or equipment.
8.2 Consent is required for the use of the customer’s electrical systems on the hotel’s electrical circuit. The customer shall be liable for malfunctions of or damage to the technical facilities of the hotel caused by using such equipment, as far as the hotel is not at fault. The hotel may charge a flat fee for electricity costs incurred through such usage.
8.3 The customer is entitled to use his own telephone, telefax, and data transfer equipment with the hotel’s consent. The hotel may charge a connection fee.
8.4 If suitable hotel equipment remains unused because the customer’s own equipment is connected, a charge may be made for lost revenue.
8.5 Malfunctions of technical or other equipment provided by the hotel will be remedied promptly whenever possible. As far as the hotel was not responsible for such malfunctions, payment may not be withheld or reduced.
9. LOSS OF OR DAMAGE TO PROPERTY BROUGHT IN
9.1 Customer shall bear the risk of damage or loss of objects on exhibits or other items including personal property brought into the event rooms or at the hotel. The hotel assumes no liability for loss, destruction, or damage to or of such objects, also not for property damages, with the exception of cases of gross negligence or willful misconduct on the part of the hotel. To be excluded are cases of damage caused as a result of harm inflicted on life, limb, and physical health. In addition, in all cases in which the safekeeping represents a contractually typical obligation due to the circumstances of the individual case, release from this liability shall be prohibited.
9.2 Decorations brought in must conform to the fire protection technical requirements. The hotel is entitled to require official proof thereof. Should such proof not be given, then the hotel shall be entitled to remove materials already brought in at the cost of the customer. Due to the possibility of damage, the hotel must be asked before objects are assembled or installed.
9.3 Objects on exhibit and other items must be removed immediately following the end of the event. If the customer fails to do so, the hotel may remove and store such items at the customer’s expense. If the objects remain in the event room, the hotel may charge a reasonable compensation for use for the period that they remain there.
10. CUSTOMER’S LIABILITY FOR DAMAGE
10.1 If the customer is an entrepreneur, he shall be liable for all damages to buildings or inventory caused by participants in or visitors to the event, employees, other third parties associated with the customer and the customer himself.
10.2 The hotel may demand the customer to provide a reasonable security deposit, for example in the form of a credit card guarantee or a deposit from the customer.
11. FINAL PROVISIONS
11.1 Amendments and supplements to the contract, the acceptance of offers or these general terms and conditions should be made in writing. Unilateral amendments or supplements by the customer are invalid.
11.2 For commercial transactions, the place of performance and payment as well as being an exclusive place for jurisdiction – also in the event of litigation, including disputes for checks and bills of exchange – is in Munich. If a contracting party fulfils the requirement of section 38, paragraph 2 of the German Code of Civil Procedure (ZPO) and has no general jurisdiction in Germany, the court of jurisdiction is considered in Munich.
11.3 The contract is governed by and shall be construed in accordance with German law. The application of the UN Convention on the International Sale of Goods and Conflict Law are precluded.
11.4 Should individual provisions of these general terms and conditions for events be or become invalid or void, it will not affect the validity of the remaining provisions. In addition, the statutory provisions shall also apply.
