General terms and conditions of the

1 Ambit

1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation (hotel accommodation contract) and for the rental of conference, banquet, and event rooms of the hotel for the purpose of organizing events such as banquets, seminars, conferences, exhibitions, presentations, etc., as well as all other services and deliveries provided by the hotel in this context for the customer.

1.2 Subleasing or further rental of the assigned rooms for purposes other than accommodation, the use of the assigned rooms, areas, or showcases for other than accommodation purposes, and the invitation to job interviews, sales events, or similar events require the prior written consent of the hotel, whereby § 540 para. 1 sentence 2 of the German Civil Code (BGB) is waived, unless the customer is not a consumer.

1.3 The customer’s general terms and conditions shall not apply, even if the hotel does not expressly object to them.

2 Conclusion of contract, contractual partners, limitation

2.1 The parties to the contract are the hotel and the customer. The contract is concluded when the hotel accepts the customer’s offer. The hotel is free to confirm the booking of the event in writing or to accept it implicitly by providing the service.

2.2 The hotel shall be liable for damages caused by the hotel’s culpable violation of life, body, or health. Furthermore, it shall be liable for other damages based on intentional or grossly negligent breaches of duty by the hotel or on intentional or negligent breaches of typical contractual obligations by the hotel. The hotel’s liability for breaches of duty by its legal representatives or vicarious agents shall be equivalent to its own breaches of duty. Further claims for damages, unless otherwise regulated in clause 9, are excluded. If disruptions or defects in the hotel’s services occur, the hotel will endeavor to remedy the situation upon knowledge or immediate complaint by the customer. The customer shall be obliged to contribute to the rectification of the disturbance and to minimize any possible damage to the extent reasonable for him/her. Furthermore, the customer is obliged to promptly inform the hotel of the possibility of exceptionally high damage.

2.3 All claims against the hotel shall generally become time-barred one year from the start of the statutory limitation period. Claims for damages that depend on knowledge shall become time-barred after five years, unless they are based on a violation of life, body, health, or freedom. These claims for damages shall become time-barred after ten years, regardless of knowledge. The shortening of the limitation periods shall not apply to claims based on intentional or grossly negligent breaches 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 agreed upon by the hotel.

3.2 The customer is obliged to pay the prices agreed upon or applicable for these and other services used. This also applies to services ordered directly by the customer or through the hotel and provided by third parties but incurred by the hotel. This particularly applies to claims by copyright collecting societies.

3.3 The agreed prices include the taxes applicable at the time of conclusion of the contract. Local taxes, which are owed by the guest under the respective local laws, such as tourist tax, are not included. In the event of changes in the statutory value-added tax or the introduction, modification, or abolition of local charges after the conclusion of the contract, the prices will be adjusted accordingly. This only applies to contracts with consumers if the period between the conclusion of the contract and the performance of the contract exceeds four months.

3.4 The hotel may make its consent to a customer’s requested subsequent reduction in the number of booked rooms, hotel services, or length of stay dependent on an increase in the price of the rooms and/or other services of the hotel.

3.5 Invoices from the hotel without a due date are payable within ten days of receipt of the invoice without deduction. The hotel may demand immediate payment of due claims at any time. In the event of default in payment, the hotel is entitled to demand the applicable statutory default interest at a rate of 8%, or in the case of legal transactions involving a consumer, at a rate of 5% above the base interest rate. The hotel reserves the right to prove higher damages.

3.6 At the time of booking, the hotel is entitled to demand an appropriate advance payment or security deposit of up to 100% 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 upon in writing in the contract.

3.7 In justified cases, such as the customer’s payment default or an extension of the scope of the contract, the hotel is entitled to demand an advance payment or security deposit within the meaning of the above-mentioned clause 3.5 or an increase in the agreed advance payment or security deposit up to the full agreed remuneration, even after the conclusion of the contract and until the start of the event.

3.8 The hotel is also entitled to demand an appropriate advance payment or security deposit within the meaning of the above-mentioned clause 3.6 for existing and future claims under the contract at the beginning and during the customer’s stay if such payment has not already been made in accordance with the above-mentioned clauses 3.6 and/or 3.7.

3.9 Increases in value-added tax shall be borne by the contracting party. If the period between the conclusion of the contract and the first performance of the contract exceeds 120 days, the hotel has the right to make price increases of up to 15%. Subsequent changes to the services can lead to price changes.

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

4 Customer cancellation (cancellation, annulment)

4.1 The customer can only cancel the contract concluded with the hotel if a right of cancellation has been expressly agreed upon in the contract, if there is another statutory right of cancellation, or if the hotel expressly agrees to the termination of the contract. The agreement on a right of cancellation and any consent to the termination of the contract should be made in writing.

4.2 If a deadline for free cancellation of the contract has been agreed upon between the hotel and the customer, the customer may cancel the contract without incurring any payment or damages to the hotel until that deadline. The customer’s right of cancellation shall lapse if the customer does not exercise the right to cancel towards the hotel by the agreed deadline.

4.3 If no right of cancellation has been agreed upon or if it has already expired, and if there is no statutory right of cancellation or termination, and if the hotel does not agree to the termination of the contract, the hotel retains the right to the agreed remuneration despite the non-utilization of the service. The hotel shall credit the income from alternative rental of the rooms and premises as well as the saved expenses. The saved expenses can be calculated in accordance with clauses 4.4, 4.5, and 4.6. The customer is free to provide evidence that the claim did not arise or did not arise to the required extent. The hotel is free to provide evidence of a higher claim.

4.4 Cancellation for accommodation up to 3 rooms (= individual guest): The customer can cancel the contract until the 1st calendar day before the day of arrival without incurring any payment or damages to the hotel. Thereafter, the hotel is entitled to calculate the damages incurred by the customer, which the customer is required to compensate, as follows: a) from the day of arrival = 80% of the booked services.

4.5 Cancellation for accommodation of 4 or more rooms (= group booking): The customer can cancel the contract until the 22nd calendar day before the day of arrival without incurring any payment or damages to the hotel. Thereafter, the hotel is entitled to calculate the damages incurred by the customer, which the customer is required to compensate, as follows:
a) 21 to 15 calendar days before the day of arrival = 50% of the room price.
b) 14 to 4 calendar days before the day of arrival = 70% of the room price.
c) from 3 calendar days before the day of arrival = 80% of the booked services.

4.6 Cancellation for events and banquets: The hotel grants the contracting party the right to cancel at any time. The following conditions apply:
a) In the event of the contracting party canceling the reservation, the hotel is entitled to reasonable compensation.
b) In any case, the hotel is entitled to invoice the agreed rent if re-letting is not possible.
c) If food and beverage turnover is agreed upon, the following charges will be invoiced proportionally in case of cancellation: Cancellation up to 120 days before the event: Free of charge. Cancellation up to 90 days before the event: 50% of the agreed amount. Cancellation less than 60 days before the event: 80% of the agreed amount. If no price has been agreed upon for the menu, the cheapest 4-course menu from the current event offer will be used as the basis. The calculation of the food turnover is based on the formula: Agreed menu price x number of participants.
d) If conference package prices are agreed upon, the following charges will be invoiced proportionally in case of cancellation: Cancellation up to 45 days before the event: Free of charge. Cancellation up to 14 days before the event: 50% of the agreed amount. Cancellation less than 14 days before the event: 80% of the agreed amount.
e) Services provided by third parties or special services that become useless due to the cancellation must be paid for in any case.

5 Hotel cancellation

5.1 If it has been agreed that the customer can cancel the contract free of charge within a certain period, the hotel is entitled to cancel the contract within this period if there are requests from other customers for the rooms and/or event venues that have been booked under the contract, and if, after consulting with the customer and setting a reasonable deadline, the customer does not waive the right to cancel.

5.2 If an agreed or requested advance payment or security deposit in accordance with clause 3.6 has not been made even after a reasonable deadline set by the hotel has expired, the hotel is also entitled to cancel the contract.

5.3 Furthermore, the hotel is entitled to terminate the contract with immediate effect for a valid reason, in particular if:
Force majeure or other circumstances beyond the hotel’s control make the fulfillment of the contract impossible;
Rooms or events are booked with deceptive or false information or by withholding essential facts; essential in this regard can be the customer’s identity, solvency, or purpose of stay;
The hotel has justified cause to believe that the event may jeopardize the smooth operation, security, or reputation of the hotel in public, without this being attributable to the hotel’s sphere of control or organization;
The purpose or occasion of the event is unlawful;
A violation of clause 1.2 exists.

5.4 The justified cancellation by the hotel does not give rise to a claim for damages by the customer.

6 Room provision, handover and return

6.1 The customer does not acquire the right to be provided with specific rooms, unless expressly agreed upon. If rooms are not available in the hotel, the hotel will promptly inform the contracting party and offer equivalent replacement in a nearby hotel of the same category.

6.2 Reserved rooms will be available to the customer from 3:00 p.m. on the agreed day of arrival. The customer has no right to earlier availability.

6.3 On the agreed day of departure, the rooms must be vacated and made available to the hotel no later than 11:00 a.m. After that, if the room is not vacated on time, the hotel may charge 50% of the full accommodation price (rack rate) for the exceeding use of the room until 6:00 p.m., and 90% from 6:00 p.m. Contractual claims of the customer are not justified by this. The customer is free to prove that the hotel has no claim or a significantly lower claim for compensation for the use.

7 Changes to the number of participants and the time of the event

7.1 An increase in the number of participants by more than 5% must be communicated to the hotel no later than five working days before the start of the event; it requires the hotel’s consent, which should be given in writing. The actual number of participants will be the basis for billing, but at least the number of the originally agreed higher number of participants. If the actual number of participants is lower, the customer has the right to reduce the agreed price by the expenses saved due to the lower number of participants, which the customer must prove.

7.2 A reduction in the number of participants should be communicated to the hotel in a timely manner, no later than five working days before the start of the event. The actual number of participants will be the basis for billing, but at least the number of the finally agreed number of participants. Clause 7.1 sentence 3 applies accordingly.

7.3 If the number of participants is reduced by more than 10%, the hotel is entitled to exchange the confirmed rooms, taking into account any different room rates, unless this is unreasonable for the customer.

7.4 If the agreed start or end times of the event are changed and the hotel agrees to these deviations, the hotel may charge an additional fee for the extra services, unless the hotel is at fault.

8 Bringing in food and drink

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

9 Night surcharges

For events that extend beyond midnight, the hotel may invoice €250.00 per commenced hour starting from 12:00 a.m. (midnight). For events in our restaurant that extend beyond the official closing time (10:00 p.m.), the hotel may invoice €250.00 per commenced hour starting from 11:00 p.m.

10 Technical facilities and connections

10.1 If the hotel procures technical and other equipment from third parties at the customer’s request, it acts in the name, on behalf, and for the account of the customer. The customer is liable for the careful handling and proper return of the equipment. The customer indemnifies the hotel from any third-party claims arising from the provision of this equipment.

10.2 The use of the customer’s own electrical equipment utilizing the hotel’s power supply requires the hotel’s consent. The customer is responsible for any disturbances or damages caused to the hotel’s technical facilities by the use of such equipment, unless the hotel is at fault. The hotel is entitled to record and charge the electricity costs incurred by the use of the equipment.

10.3 With the hotel’s consent, the customer is entitled to use their own telephone, fax, and data transmission equipment. The hotel may charge a connection fee for this.

10.4 If the customer’s own equipment remains unused due to the connection of the customer’s equipment, compensation for loss of use may be charged.

10.5 Any malfunctions in the technical or other facilities provided by the hotel will be rectified as soon as possible. Payments cannot be withheld or reduced unless the hotel is responsible for these malfunctions.

10.6 The contracting party shall obtain all necessary official permits at their own expense unless otherwise expressly agreed in writing. The contracting party is responsible for complying with all relevant legal requirements. Any fees payable to third parties, such as GEMA fees (German Society for Musical Performing and Mechanical Reproduction Rights), amusement taxes, etc., must be paid promptly by the contracting party to the respective creditor.

10.7 The use of a fog machine in the Marstall event hall is not permitted due to the fire alarm system in place.

11 Loss of or damage to personal property

11.1 Exhibits or other items, including personal belongings, brought into the event rooms or the hotel are at the customer’s own risk. The hotel assumes no liability for loss, destruction, or damage, including financial damages, except in cases of gross negligence or willful misconduct by the hotel. This exclusion of liability does not apply to damages resulting from the violation of life, body, or health. Furthermore, this exclusion of liability does not apply to cases where safekeeping is a typical contractual obligation due to the circumstances of the individual case.

11.2 Brought decoration materials must comply with fire protection requirements. The hotel is entitled to request official proof thereof. If such proof is not provided, the hotel is entitled to remove the materials already installed at the customer’s expense. The placement and installation of objects must be coordinated with the hotel in advance to avoid possible damage.

11.3 Exhibits or other items brought in must be removed immediately after the event. If the customer fails to do so, the hotel may remove and store the items at the customer’s expense. If the items remain in the event room, the hotel may charge a reasonable compensation for the duration of retention.

12 CUSTOMER’S LIABILITY FOR DAMAGES

12.1 The customer is liable for all damages to buildings or property caused by event participants or visitors, employees, other third parties from their area, or themselves.

12.2 The hotel may request the customer to provide an appropriate security deposit, such as a credit card guarantee.

13 HOTEL’S LIABILITY

13.1 The hotel is liable for damages caused by it resulting from the violation of life, body, or health. Furthermore, it is liable for other damages based on intentional or grossly negligent breaches of duty by the hotel or on intentional or negligent breaches of contractual obligations that are essential for achieving the purpose of the contract. A breach of duty by the hotel is equivalent to a breach of duty by its legal representatives or vicarious agents. Further claims for damages, unless otherwise regulated in this clause 7, are excluded. If disruptions or defects occur in the hotel’s services, the hotel will make efforts to remedy the situation upon becoming aware of it or upon immediate complaint by the customer. The customer is obliged to contribute what is reasonable to remedy the disruption and minimize possible damage.

13.2 The hotel is liable to the customer for brought items in accordance with statutory provisions. The hotel recommends the use of the hotel’s safe or in-room safe. If the guest wishes to deposit money, securities, or valuables with a value exceeding €800 or other items with a value exceeding €3,500, this requires a separate storage agreement with the hotel.

13.3 If the hotel provides the customer with a parking space in the hotel garage or on the hotel parking lot, even for a fee, this does not constitute a storage agreement. The hotel is only liable for loss of or damage to motor vehicles and their contents parked or maneuvered on the hotel premises in accordance with clauses 13.1, sentences 1 to 4.

13.4 Wake-up calls will be executed with the utmost care. Messages, mail, and packages for guests will be handled with care. The hotel handles the delivery, storage, and, upon request and for a fee, forwarding of such items. In this regard, the hotel is only liable in accordance with clauses 13.1, sentences 1 to 4.

13.5 The hotel does not participate in dispute resolution proceedings before a consumer arbitration board.

14 Final provisions

14.1 Changes and additions to the contract, acceptance of an offer, or these General Terms and Conditions shall be made in writing. Unilateral changes or additions by the customer are ineffective.

14.2 The place of performance and payment, as well as the exclusive place of jurisdiction, including for check and bill disputes, is 66802 Überherrn in commercial transactions. If a contracting party fulfills the requirements of Section 38 (2) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in the country, 66802 Überherrn shall be deemed the place of jurisdiction.

14.3 German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and conflict of laws is excluded.

14.4 Should any provisions of these General Terms and Conditions be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. In all other respects, the statutory provisions apply.