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GENERAL TERMS AND CONDITIONS
BRAUHAUSHOTEL GMBH

1. SCOPE
1.1 These terms and conditions apply to contracts for the rental use of hotel rooms for lodging purposes as well as all other goods and services provided to the customers of the hotels (Hotel accommodation contract). The term “Hotel Accommodation Contract” comprises and replaces the following terms: accommodation, lodging, hotel, and hotel room contract”.
These terms and conditions, also apply to contracts for the rental use of hotel rooms or rooms for the organization of events. This applies in particular to section 9. Moreover, the cancellation conditions apply.
1.2 The sublet or re-leasing to third parties of rooms, as well as their use for other than for lodging purposes require the prior consent of the hotel in writing, whereby section 540 paragraph 1 sentence 2 German Civil Code (BGB) is waived as long as the customer is not a consumer.
1.3 General terms and conditions of the customer shall apply only if this is previously expressly agreed.

2. CONCLUSION OF CONTRACT, PARTNER, STATUTE OF LIMITATIONS
2.1 The hotel and the customer are the contracting parties. The contract shall come into force upon the hotel’s acceptance of the customer’s offer. At its discretion, the hotel may confirm the room reservation in writing.
2.2 Any claims against the hotel shall generally expire 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. This does not apply for claims for damages or other claims unless the latter is based on a deliberate grossly negligent breach of duty of the hotel.

3. SERVICES, PRICES, PAYMENT, OFFSET
3.1 The hotel is obligated to keep the rooms reserved by the customer available and to provide the agreed services.
3.2 The customer is obliged to pay the applicable or agreed 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.
3.3 The agreed prices include all taxes and local taxes applicable at the time of the conclusion of the contract. This does not include locally levied taxes, owed by the guest himself according to the particular municipal law, such as visitor’s tax. 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 the fulfilment of the contract.
3.4 The hotel can make its consent to the customer’s subsequent request for a reduction of the
number of reserved rooms, the services of the hotel or the customer’s desired length of stay dependent on the increase of the price for the rooms and/or for the other services.
3.5 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 the immediate payment of due debt from the customer at any time. In the case of default of payment, the hotel shall be entitled to demand the respectively applicable statutory default interest in the amount of currently 9% or, with legal transactions in which a consumer is involved, in the amount of 6% above the base interest rate. The hotel reserves the right to prove a greater damage.
3.6 Upon conclusion of the contract, the hotel is entitled to demand from the customer, a reasonable advance payment or security, for example in the form of a credit card guarantee. The amount of the advance payment and payment dates may be agreed in the contract in writing. For package tours, the statutory provisions shall remain unaffected with advance payments or a security.
3.7 In justified cases, e.g. the customer’s default in payment or extension of the scope of the contract, the hotel shall be entitled, also after conclusion of the contract up to the commencement of the stay, to demand an advance payment or a security deposit within the meaning of the above-mentioned section 3.6 or an increase of the advance payment or a security agreed in the contract up to the total agreed remuneration.
3.8 Furthermore, the hotel shall be entitled, at the commencement and during the customer’s stay, to demand a reasonable advance payment or security deposit within the meaning of the above-mentioned section 3.6 for existing and future accounts receivable from the contract, as far as such has not already been paid pursuant to the above-mentioned section 3.6 and/or 3.7.
3.9 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) /
FAILURE TO USE HOTEL SERVICES (NO SHOW)

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 termination of the contract. The contractual agreement of a right of withdrawal, as well as any consent to a termination of the contract shall be in writing.
4.2 Provided 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 be void, 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 rooms 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 can take into account the saved expenditures and estimate the deduction. The customer is obliged in this case to pay at least 90% of the contractually agreed rate for overnight accommodation with or without breakfast, as well as for special arrangements with contracted services, 70% for half-board and 60% for full board arrangements. The customer is at liberty to show that the above-mentioned claim has or has not amounted to the demanded sum.

5. WITHDRAWAL OF THE HOTEL
5.1 Provided 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 for the contractually reserved rooms exist 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 pursuant to section 3.6 and/or 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
‐ force majeure or other circumstances beyond the hotel’s control renders the fulfillment of the contract impossible;
‐ rooms or spaces are reserved with culpably misleading or false information or concealment regarding essential facts; the identity or solvency of the customer or the purpose of his stay can constitute essential facts;
‐ the hotel has a justified cause to believe that use of the hotel’s services might jeopardize the smooth business operations of the hotel, its security or public reputation, without being attributable to the hotel’s sphere of control or organization;
‐ the purpose or the cause of the stay is illegal;
‐ there is a breach of the above section 1.2.
5.4 The justified withdrawal by the hotel does not entitle the customer to claim damages.

6. ROOM AVAILABILITY, DELIVERY AND RETURN
6.1 The customer acquires no claim to the provision of specific rooms provided this is not expressly agreed.
6.2 Reserved rooms are available to the customer starting at 14:00 pm of the agreed day of arrival. The customer does not have the right to earlier availability.
6.3 Rooms must be vacated and made available to the hotel no later than 11:00 a.m. on the agreed departure date. After that time, due to the delayed vacating of the room for use exceeding the contractual time, the hotel may charge 50% of the full accommodation rate (list price) for the additional use of the room until 18:00 p.m., after 18:00 p.m. 90%. Contractual claims by the customer shall not be in this case justified. The customer is at liberty to prove that the hotel has no or a much lower claim for charges for the use of the room.

7. GRANTING OF PARKING PLACE
7.1 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.
7.2 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.
7.3 In case of an imminent danger from the Park area the Brauhaus Hotel GmbH is also entitled to remove the vehicle of the lessee.
7.4 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.
7.5 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.
7.6 The lessee is liable for cleaning costs, if he causes pollution of the parking area.
7.7 The hotel is entitled to a legal lien on the parked vehicle of the lessee due to its right of retention of the lease.

8. LIABILITY OF THE HOTEL
8.1 The hotel shall be liable for harm inflicted from injury to life, body, or physical health. Further it is liable for other damages, which are caused with full intent or gross negligence or due to a deliberate or grossly 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. All further claims for damages are excluded, if not otherwise governed by this section 8. Should disruptions or defects in the performance of the hotel occur, the hotel shall act without undue delay to remedy such upon knowledge thereof or upon an objection by the customer. The customer shall be obliged to undertake actions reasonable for him to eliminate the disruption and to keep any possible damage to a minimum.
8.2 The hotel is liable to the customer for property brought into the hotel in accordance with the statutory provisions. The hotel recommends the use of the hotel or room safes. If the guest wishes to bring with him money, securities, stocks, bonds, or valuables with a value of more than 800 EUR or other things with a value of more than 3,500 EUR, a separate safekeeping agreement is necessary.
8.3 Insofar as a parking space is provided to the customer in the hotel garage or hotel parking lot, it does not constitute a safekeeping agreement, even if a fee is exchanged. For loss of or damage to motor vehicles parked or maneuvered on the hotel’s property and the contents thereof the hotel only assumes liability in accordance to the preceding section 8.1, sentences 1 to 4.
8.4 Wake-up calls are carried out by the hotel with the utmost care. Messages, mail, and goods deliveries for guests are handled with care. The hotel will deliver, hold, and upon request, forwards such items for a fee. The hotel only assumes liability according to the preceding section 8.1, sentences 1 to 4.

9. LIABILITY OF THE ORGANIZER

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.
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.
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 Amendments and supplements to the contract, the acceptance of offers or these general terms and conditions should be all made in writing. The same applies to the waiver of the written form requirement. Unilateral amendments or supplements by the customer are not valid.
11.2 For commercial transactions the place of performance and payment as well as, in the event of litigation, including disputes of checks and exchange, the exclusive place of jurisdiction is at Arnstadt. If a contracting party fulfils the conditions of section 38 paragraph 2 of the German Code of Civil Procedure (ZPO) and has no general jurisdiction in Germany, the registered office of the hotel is considered the Court of Jurisdiction.

 

General Terms and Conditions for Events at the Hotelpark Stadtbrauerei Arnstadt GmbH

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.

6.3 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.

6.4 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.

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