AGB EN - Hotel-Restaurant Herzogskelter
16207
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General terms and conditions

General Terms and Conditions for Events

1 SCOPE

 

1.1 These Terms and Conditions shall apply to contracts for the rental of conference, banquet and event rooms of the hotel for the purpose of holding events such as banquets, seminars, conferences, exhibitions and presentations etc. as well as for all other services and deliveries of the hotel provided to the customer in this connection.

1.2 The subletting or subletting of the rooms or areas provided and the invitation to interviews, sales or similar events require the prior written consent of the hotel, whereby § 540 para. 1 sentence 2 BGB (German Civil Code) is a condition insofar as the customer is not a consumer.

1.3 The customer’s general terms and conditions shall only apply if this has been expressly agreed in advance.

 

2 CONCLUSION OF CONTRACT, CONTRACT PARTNER, LIABILITY, STATUTE OF LIMITATIONS

 

2.1 The contractual partners are the hotel and the customer. The contract shall come into effect upon acceptance of the customer’s application by the hotel. The hotel is at liberty to confirm the booking of the event in text form.

2.2 The hotel shall be liable for damages resulting from injury to life, limb or health for which it is responsible. Furthermore, it shall be liable for other damages resulting from an intentional or grossly negligent breach of duty by the hotel or from an intentional or negligent breach of contract-typical obligations by the hotel. A breach of duty on the part of the hotel is equivalent to a breach of duty on the part of a legal representative or vicarious agent. Further claims for damages shall be excluded unless otherwise provided for in Clause 9. Should disruptions or defects occur in the hotel’s services, the hotel shall endeavour to remedy the situation if it becomes aware of such disruptions or defects or if the customer complains immediately. The customer shall be obliged to make all reasonable efforts to remedy the disruption and keep any possible damage to a minimum. Furthermore, the customer shall be obliged to inform the hotel in good time of the possibility of an extraordinarily high loss.

2.3 All claims against the Hotel shall become statute-barred one year after the statutory commencement of the limitation period. This shall not apply to claims for damages and other claims if the latter are based on an intentional or grossly negligent breach of duty by the hotel.

 

3 SERVICES, PRICES, PAYMENT, OFFSETTING

 

3.1 The hotel is obliged to provide the services ordered by the customer and promised by the hotel.

For events in the room, the room shall be accessible from 9 a.m. on the booking date. The room must be vacated by 9 a.m. on the following day.

3.2 The customer is obliged to pay the hotel’s agreed or applicable prices for these and other services used. This shall also apply to services provided directly by the Customer or commissioned via the Hotel by third parties and disbursed by the Hotel. In particular, this shall also apply to claims by copyright collecting societies.

3.3 The agreed prices include the taxes applicable at the time the contract is concluded. In the event of changes to the statutory value-added tax or the introduction, change or abolition of local taxes on the object of the service after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this shall only apply if the period between conclusion of the contract and fulfilment of the contract exceeds four months.

3.4 Invoices of the hotel without due date shall be payable immediately upon receipt of the invoice without deduction. The hotel may demand immediate payment of due receivables from the customer at any time. In the event of default of payment by the customer, the statutory provisions shall apply. The hotel reserves the right to prove higher damages.

3.5 Upon conclusion of the contract, the hotel shall be entitled to demand an appropriate advance payment or security deposit from the customer, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed in writing in the contract. Usually, an advance payment in the amount of the menu price will be charged for the number of persons registered. In case of default of payment by the customer, the legal regulations apply.

3.6 In justified cases, e.g. payment arrears on the part of the customer or extension of the scope of the contract, the hotel shall be entitled to demand an advance payment or security deposit within the meaning of Section 3.5 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration, even after the contract has been concluded and up to the beginning of the event.

3.7 The customer may only offset or set off an undisputed or legally binding claim against a claim of the hotel.

 

 

4 RESCISSION BY THE CUSTOMER (CANCELLATION)



4.1 The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, if another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of rescission as well as any consent to a cancellation of the contract shall be made in text form in each case.

4.2 If a date for free withdrawal from the contract has been agreed between the hotel and the customer, the customer may withdraw from the contract until then without incurring any payment or compensation claims on the part of the hotel. The customer’s right of rescission shall lapse if he does not exercise his right of rescission against the hotel by the agreed date. Usually, the right of rescission expires upon written confirmation of the reservation or written acceptance of the offer.

4.3 If a right of rescission has not been agreed or has already expired, there is no statutory right of rescission or termination and if the hotel does not agree to the cancellation of the contract, the hotel shall be entitled to the agreed damages. The customer shall have the right to prove that the claim did not arise or did not arise in the required amount. The hotel shall be at liberty to prove that a higher claim has arisen.

4.4 If the customer only withdraws between the 8th and 4th week prior to the event date, the hotel shall be entitled to charge an additional 35% of the lost consumption turnover, or 70% of the consumption turnover if the customer withdraws at a later date. The consumption turnover shall be calculated according to the formula: Menu price of the event plus drink x number of participants. If no price has yet been agreed for the menu, the cheapest 3-course menu of the respective valid event offer shall be used as the basis. Beverages shall be charged at one third of the menu price.

4.5 If a conference lump sum per participant has been agreed, the hotel shall be entitled to charge 60% of the conference lump sum x agreed number of participants in the event of cancellation between the 8th and 4th week prior to the event date and 80% of the conference lump sum x in the event of later cancellation. If the room rental was not agreed separately in the contract, but included in the conference flat rate on a pro rata basis, the hotel shall be entitled to invoice the proportion x of the agreed number of participants attributable to the room rental in the event of cancellation up to 8 weeks prior to the date of the event.

 

5 CANCELLATION OF THE HOTEL

5.1 If it has been agreed that the customer may withdraw from the contract free of charge within a certain period, the hotel shall be entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked event rooms and the customer does not waive its right to withdraw from the contract upon request from the hotel with a reasonable deadline.

5.2 If an advance payment or security deposit agreed or demanded in accordance with Clause 3.5 and/or Clause 3.6 is not made even after a reasonable grace period set by the hotel has expired, the hotel shall also be entitled to withdraw from the contract.

5.3 Furthermore, the hotel shall be entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if

– Force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract;

– Events or rooms are culpably booked with misleading or false statements or concealment of essential facts; the identity of the customer, the solvency or the purpose of the stay may be essential in this respect;

– the hotel has good reason to believe that the event may jeopardize the smooth running of the hotel’s business, its security or public reputation without this being attributable to the hotel’s sphere of control or organization;

– the purpose or cause of the event is unlawful;

– there is a violation of section 1.2.

5.4 The justified withdrawal of the Hotel shall not constitute a claim for damages on the part of the Customer.

6 CHANGES IN THE NUMBER OF PARTICIPANTS AND THE DURATION OF THE EVENT

6.1 An increase in the number of participants by more than 5% must be notified to the hotel no later than five working days prior to the start of the event; this requires the consent of the hotel, which shall be given in text form. The invoice shall be based on the number of participants notified to the hotel in writing 24 hours prior to the event at the latest. In the event of an increase in the number of guests, the actual number of guests shall be used as the basis for invoicing.

6.2 Any reduction in the number of participants by more than 5% shall be notified to the Hotel in good time, at the latest five working days prior to the start of the event, of the agreed number of participants. The invoice shall be based on the number of participants notified to the hotel in writing 24 hours prior to the event at the latest. If there is no change in the number of persons, the last number of persons notified in writing shall be used as the basis for the invoice.

6.3 If the number of participants is reduced by more than 10%, the hotel shall be entitled to exchange the confirmed rooms, taking into account any deviating room rent, unless this is unreasonable for the customer.

6.4 If the agreed start or end times of the event are postponed and if the hotel agrees to these deviations, the hotel may reasonably charge for the additional readiness to perform, unless the hotel is at fault.

 

7 BRINGING FOOD AND DRINKS

 

The customer is not allowed to bring food and drinks to events. Exceptions require an agreement with the hotel. In such cases, a contribution will be charged to cover overhead costs.

 

8 TECHNICAL EQUIPMENT AND CONNECTIONS

 

8.1 Insofar as the hotel procures technical and other equipment from third parties for the customer at the customer’s instigation, the hotel shall act in the

in the name, by proxy and for the account of the customer. The customer shall be liable for careful handling and proper return and shall indemnify the hotel against all claims by third parties arising from the provision of these facilities.

8.2 The use of the customer’s own electrical systems using the hotel’s power grid requires the customer’s consent. Any malfunctions or damage to the hotel’s technical equipment caused by the use of these devices shall be at the customer’s expense insofar as the hotel is not responsible for such malfunctions or damage. The electricity costs resulting from the use of the equipment shall be charged to the hotel flat rate.

8.3 With the Hotel’s consent, the Customer shall be entitled to use its own telephone, fax and data transmission facilities. The hotel may charge a connection fee for this.

8.4 If suitable systems of the hotel remain unused due to the connection of the customer’s own systems, a cancellation fee may be charged.

8.5 Any faults in technical or other equipment provided by the hotel shall be rectified immediately if possible. Payments may not be withheld or reduced insofar as the hotel is not responsible for these disruptions.

 

9 LOSS OF OR DAMAGE TO ITEMS BROUGHT ALONG

 

9.1 Any exhibition or other items, including personal items, carried along by the customer shall be at the customer’s risk in the event rooms or in the hotel. The hotel accepts no liability for loss, destruction or damage,

not even for financial losses, except in the case of gross negligence or intent on the part of the hotel. Excluded from this are damages resulting from injury to life, body or health. In addition, all cases in which safe custody represents a typical contractual obligation due to the circumstances of the individual case are excluded from this exemption from liability.

9.2 Decorative materials brought along must comply with fire protection requirements. The hotel is entitled to demand official proof of this. If no such proof is provided, the hotel shall be entitled to remove any material already brought in at the customer’s expense. Due to possible damage, the installation and mounting of objects must be agreed in advance with the hotel. Smoke-causing objects such as fog machines and sparklers are prohibited by fire protection regulations. If this is not observed, the costs of the fire brigade deployment will be charged to the organizer. The organiser must ensure that his guests are also made aware of this. The use of confetti cannons is also prohibited. Cleaning costs will also be charged to the organizer.

9.3 Any exhibition or other objects brought along must be removed immediately after the end of the event. If the customer fails to do so, the hotel may remove and store the items at the customer’s expense. If the objects remain in the event room, the hotel may charge an appropriate compensation for use for the duration of the room’s absence.

 

 

 

10 LIABILITY OF THE CUSTOMER FOR DAMAGES

 

10.1 If the customer is an entrepreneur, he shall be liable for all damage to buildings or inventory caused by event participants or visitors, employees, other third parties from his area or himself.

10.2 The hotel may require the customer to provide an appropriate security deposit, for example in the form of a credit card guarantee.

 

11 FINAL PROVISIONS

 

11.1 Amendments and supplements to the contract, the acceptance of the application or these General Terms and Conditions shall be made in text form. Unilateral changes or additions by the customer are ineffective.

 

General Terms and Conditions for the Accommodation of Guests

1 SCOPE

1.1 These terms and conditions shall apply to contracts for the rental of hotel rooms for accommodation as well as all other services and deliveries provided by the hotel to the customer in this connection (hotel accommodation contract). The term “hotel accommodation agreement” covers and replaces the following terms: Accommodation, guest accommodation, hotel, hotel room contract.
1.2 The subletting or subletting of the rooms provided and their use for purposes other than accommodation require the prior written consent of the hotel, whereby § 540 Paragraph 1 Sentence 2 BGB is waived unless the customer is a consumer.
1.3 The customer’s general terms and conditions shall only apply if this has been expressly agreed in advance.

2 CONCLUSION OF CONTRACT, CONTRACT PARTNER, STATUTE OF LIMITATIONS

2.1 The contractual partners are the hotel and the customer. The contract shall come into effect upon acceptance of the customer’s application by the hotel. The hotel shall be at liberty to confirm the room reservation in text form.
2.2 All claims against the hotel shall become statute-barred one year after the start of the statutory limitation period. This shall not apply to claims for damages and other claims if the latter are based on an intentional or grossly negligent breach of duty by the hotel.

3 SERVICES, PRICES, PAYMENT, OFFSETTING

3.1 The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
3.2 The customer is obliged to pay the hotel’s agreed or applicable prices for the provision of rooms and other services used. This shall also apply to services commissioned by the customer directly or via the hotel, which are provided by third parties and disbursed by the hotel.
3.3 The agreed prices include the taxes and local levies applicable at the time of conclusion of the contract. Not included are local taxes which are owed by the guest himself according to the respective municipal law, such as visitor’s tax. In the event of a change in the statutory value-added tax or the introduction, change or abolition of local levies on the object of performance after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this shall only apply if the period between conclusion of the contract and fulfilment of the contract exceeds four months.
3.4 The hotel may make its consent to a subsequent reduction in the number of rooms booked, the hotel’s services or the duration of the customer’s stay as requested by the customer dependent on the price for the rooms and/or for the hotel’s other services increasing.
3.5 Invoices of the hotel without a due date shall be payable immediately and without deduction. The hotel may demand immediate payment of due receivables from the customer at any time. The statutory provisions shall apply in the event of the customer’s default in payment. The hotel reserves the right to prove higher damages.
3.6 Upon conclusion of the contract, the hotel shall be entitled to demand an appropriate advance payment or security deposit from the customer, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed in the contract in text form. In the case of advance payments or security deposits for package tours, the statutory provisions shall remain unaffected. In the event of default of payment by the customer, the statutory provisions shall apply.
3.7 In justified cases, e.g. payment arrears on the part of the customer or extension of the scope of the contract, the hotel shall be entitled, even after conclusion of the contract and until the beginning of the stay, to make an advance payment or provide security within the meaning of the foregoing paragraph.
3.6 or to demand an increase in the advance payment or security agreed in the contract up to the full agreed remuneration.
3.8 The hotel shall also be entitled, at the beginning and during the stay, to demand an appropriate advance payment or security deposit from the customer in accordance with the foregoing paragraph.
3.6 for existing and future claims arising from the contract, insofar as such claims have not already been made in accordance with the aforementioned section 3.6 and/or section 3.7.
3.9 The customer may only offset or set off an undisputed or legally binding claim against a claim of the hotel.

 

4 RESCISSION BY THE CUSTOMER (CANCELLATION)

4.1 The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, if another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of rescission as well as any consent to a cancellation of the contract shall be made in text form.
4.2 If a date for free withdrawal from the contract has been agreed between the hotel and the customer, the customer may withdraw from the contract until then without incurring any payment or compensation claims on the part of the hotel. The customer’s right of rescission shall lapse if he does not exercise his right of rescission against the hotel by the agreed date. After expiry of the free right of withdrawal, the customer shall be obliged to pay the agreed compensation to the hotel.

5 CANCELLATION BY THE HOTEL

5.1 If it has been agreed that the customer may withdraw from the contract free of charge within a certain period, the hotel shall be entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked rooms and the customer does not waive his right to withdraw from the contract upon the hotel’s request with a reasonable deadline.
5.2 If an advance payment or security deposit agreed or demanded in accordance with Clause 3.6 and/or Clause 3.7 is not made even after a reasonable grace period set by the hotel has expired, the hotel shall also be entitled to withdraw from the contract.
5.3 Furthermore, the hotel shall be entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if
– Force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract;
– rooms or rooms are booked culpably under misleading or false statements or concealment of essential facts; the identity of the customer, the solvency or the purpose of the stay may be essential in this respect;
– the hotel has good reason to believe that the use of the service may jeopardize the smooth running of the business, the safety or the reputation of the hotel in public, without this being attributable to the hotel’s sphere of control or organization;
– the purpose or cause of the stay is unlawful;
– there is a violation of the aforementioned clause 1.2.
5.4 The justified withdrawal of the Hotel shall not constitute a claim for damages on the part of the Customer.

6 ROOM PROVISION, HANDOVER AND RETURN

6.1 The customer shall not acquire any claim to the provision of specific rooms unless this has been expressly agreed.
6.2 Booked rooms are available to the customer from 15:00 on the agreed day of arrival. The customer is not entitled to earlier availability. Booked rooms are guaranteed to be available until 6 p.m. on the agreed arrival day. A later arrival must be announced in writing.
6.3 On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. Thereafter, the hotel may charge 50% of the full accommodation price (list price) until 6:00 p.m. due to the delayed vacating of the room for its use in excess of the contract, and 90% from 6:00 p.m. due to the delayed vacating of the room. This shall not constitute any contractual claims on the part of the customer. The customer is at liberty to prove that the hotel has no or a substantially lower claim to usage fees.

7 LIABILITY OF THE HOTEL

7.1 The hotel shall be liable for damages resulting from injury to life, limb or health for which it is responsible. Furthermore, it shall be liable for other damages resulting from an intentional or grossly negligent breach of duty by the hotel or from an intentional or negligent breach of contract-typical obligations by the hotel. A breach of duty on the part of the hotel is equivalent to a breach of duty on the part of a legal representative or vicarious agent. Further claims for damages shall be excluded unless otherwise provided for in this Clause 7. Should disruptions or defects occur in the hotel’s services, the hotel shall endeavour to remedy the situation if it becomes aware of such disruptions or defects or if the customer complains immediately. The customer shall be obliged to make all reasonable efforts to remedy the disruption and keep any possible damage to a minimum.
The hotel is not liable for noise pollution caused by events in the adjacent hall.

7.2 The hotel shall be liable to the customer in accordance with the statutory provisions for items brought into the hotel. If the Guest wishes to bring in money, securities and valuables with a value of more than EUR 500 or other items with a value of more than EUR 3,500, this shall require a separate storage agreement with the Hotel.

7.3 Wake-up orders shall be executed by the hotel with the greatest care. Messages, mail and consignments of goods for the guests shall be handled with care. The hotel shall be responsible for delivery, storage and – upon request – forwarding of the same for a fee.
The hotel shall only be liable in this respect in accordance with the above Clause 7.1, Sentences 1 to 4.

8 FINAL PROVISIONS

8.1 Amendments and supplements to the contract, the acceptance of the application or these General Terms and Conditions shall be made in text form.
are carried out. Unilateral changes or additions by the customer are ineffective.
8.2 The place of performance and payment as well as the exclusive place of jurisdiction – including disputes over cheques and bills of exchange – shall be the competent court.
8.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws provisions is excluded.
8.4 Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions shall apply.