The Linslerhof – Hotel, Restaurant, Events & Nature
Country Life von Boch-Galhau GmbH & Co. KG
(hereinafter referred to as “hotel”)
The Linslerhof – Hotel, Restaurant, Events & Nature
Country Life von Boch-Galhau GmbH & Co. KG
(hereinafter referred to as “hotel”)
1.1 These terms and conditions apply to contracts concerning the rental provision of hotel rooms as accommodation (hotel accommodation agreement) and concerning the rental provision of the hotel’s conference, banquet and event venues for the provision of events such as banquets, seminars, conferences, exhibitions and presentations etc. as well as all further goods and services provided for the customer by the hotel in this context.
1.2 The subletting or re-letting of the provided rooms (as well as their use for any purposes other than as accommodation), other venues, areas or display cases as well as the invitation to interviews, sales events or similar requires the prior agreement of the hotel in writing, whereby § 540(1)(2) of the German Civil Code (BGB) is waived, provided that the customer is not the consumer.
1.3 The general terms and conditions of the customer do not apply, even if the hotel does not expressly contradict these.
2.1 The contractual partners are the hotel and the customer. The contract takes effect when the hotel accepts the customer’s request. The hotel is entitled to confirm the booking of the event in writing or to conclusively accept it through the provision of services.
2.2 The hotel is liable for any loss of life, bodily injury or damage to health for which it is responsible.
Furthermore it is liable for other damages which result from a willful or grossly negligent breach of duty on the part of the hotel, or more specifically from a willful or negligent violation of obligations which are typical for the contract. A breach of duty on the part of the hotel is equal to a breach of duty by a legal representative or vicarious agent. Further damage claims are excluded, unless otherwise indicated in clause 9. Should disruptions or shortcomings arise in the services provided by the hotel, the hotel shall act to remedy these as soon as it becomes aware of them or a complaint is lodged by the customer. The customer is obligated to contribute to a reasonable degree to amend the disruption and to keep potential damage to a minimum. Moreover the customer undertakes to promptly draw the hotel’s attention to the possibility that uncommonly high damage may be caused.
2.3 All claims against the hotel shall become time-barred one year after the commencement of the general statute of limitations. Damages claims shall become time-barred in five years, provided that the customer is informed and that the claims are not based on loss of life, bodily injury, damage to health or a violation of freedoms. These damages claims shall become time-barred in ten years, provided that the customer is informed. The aforementioned reduction of the statue of limitations (time-barring) shall not apply to claims which result from a willful or grossly negligent breach of duty on the part of the hotel.
3.1 The hotel is obligated to perform the services ordered by the customer and confirmed by the hotel.
3.2 The customer is obligated to pay the agreed or valid price indicated by the hotel for these services and any other services used. This shall also apply for services commissioned by the customer directly or via the hotel which are rendered by third parties and paid for by the hotel. More specifically, this shall also apply for demands from copyright collecting societies.
3.3 The agreed prices are understood to include the taxes valid at the time that the contract is concluded. The agreed prices do not include local taxes which are payable by the guest themselves under the terms of the respective municipal law, such as visitor’s tax, for example. In the event of changes to the statutory value added tax or the new introduction, alteration or abolition of any local taxes concerning the contractual services after the conclusion of the contract, the prices shall be adjusted accordingly. For contracts with consumers this shall only apply if the period of time between the conclusion of the contract and the fulfillment of the contract exceeds four months.
3.4 Should the customer later wish to reduce the number of booked rooms, the services provided by the hotel or the duration of their stay, the hotel can make its agreement to this reduction conditional on there being an increase in the price for the room and/or for any other services rendered by the hotel.
3.5 Any invoices issued by the hotel without a specified due date are payable in full within ten days from the date of invoicing. The hotel can demand the immediate payment of outstanding debts from the customer at any time. In the event of a default in payment, the hotel is entitled to request the applicable statutory default interest rate, which currently stands at 8% or, in the case of legal transactions with a consumer, at 5% above the basic interest rate. The hotel reserves the right to provide evidence that the damages incurred were greater.
3.6 The hotel is entitled to request a reasonable advance payment or security deposit from the customer upon conclusion of the contract, amounting to up to 100% of the fee, for example in the form of a credit card guarantee. The amount of the advance payment and the payment deadline may be agreed in writing in the contract.
3.7 Where justified, for example in the event of outstanding debt on the part of the customer or an expansion to the scope of the contract, the hotel is entitled, also after the conclusion of the contract until the start of the event, to request an advance payment or security deposit as outlined above in clause 3.5 or an increase in the advance payment or security deposit agreed in the contract, up to full payment of the agreed fee.
3.8 Furthermore the hotel is entitled, at the commencement of and during the customer’s stay, to request a reasonable advance payment or security deposit as outlined above in clause 3.6 for existing and future accounts receivable from the contract, provided that such a fee has not already been charged pursuant to the above clauses 3.6 and/or 3.7.
3.9 Increases in value added tax shall be borne by the contractual partner. Should the period of time between the conclusion of the contract and the implementation of the first contractual service exceed 120 days, the hotel has the right to raise its price up to a maximum of 15%. Later amendments to the services may lead to changes in the price.
3.10 The customer may only offset or reduce a claim by the hotel with a claim which is undisputed or legally binding.
4.1 A withdrawal by the customer from the contract concluded with the hotel is only possible if a right of withdrawal was expressly agreed in the contract, another statutory right of withdrawal exists or if the hotel expressly agrees to the annulment of the contract. The agreement on a right of withdrawal as well as any potential approval of the annulment of the contract should always be put into writing.
4.2 Provided that a deadline was agreed between the hotel and the customer for withdrawing from the contract free of charge, the customer may withdraw from the contract until that date without giving rise to payment or damage claims on the part of the hotel. The customer’s right to withdrawal shall expire if they do not exercise their right to withdraw against the hotel before the agreed deadline.
4.3 If a right of withdrawal is not agreed or has already expired, and no statutory right of withdrawal or right of cancellation exists, and the hotel does not agree to the annulment of the contract, the hotel shall retain the right to claim the agreed fee despite the fact that the contractual services have not been used. The hotel must take into account the income from alternative room and venue rentals as well as the costs spared. The respective costs spared may thereby be calculated as a lump sum in accordance with clauses, 4.4, 4.5 and 4.6. The customer has the right to provide evidence that the claim did not arise or that it did not arise to the extent claimed. The hotel has the right to provide evidence that a higher claim arose.
4.4 For lodgings pertaining to up to 3 rooms (= individual guest), the customer may withdraw from the contract up to one calendar day before the day of arrival, without giving rise to payment or damage claims on the part of the hotel. After that the hotel shall retain the right to charge a lump sum to compensate for the damage that it incurs, which shall be paid by the customer:
a) from the arrival day onwards = 80% of the booked services
4.5 For lodgings pertaining to up to 4 rooms (= group arrangement), the customer may withdraw from the contract up to 22 calendar days before the day of arrival, without giving rise to payment or damage claims on the part of the hotel. After that the hotel shall retain the right to charge a lump sum to compensate for the damage that it incurs, which shall be paid by the customer:
a) Between 21 and 15 calendar days before the arrival day = 50% of the room price
b) Between 14 and 4 calendar days before the arrival day = 70% of the room price
c) 3 or fewer calendar days before the arrival day = 80% of the booked service
4.6 Cancellation of events and banquets
The hotel grants the contractual partner the right to withdraw from the contract at any time. The following conditions shall apply in this case:
a) In the event that the contractual partner withdraws from the reservation, the hotel shall be entitled to claim reasonable compensation.
b) In all instances the hotel has the right to ask for payment of the agreed rental fee, provided that it is not possible to re-let the facilities.
c) If catering and drinks revenues have been agreed, these shall be charged proportionally in the event of a cancellation, as detailed below:
Cancellation up to 90 days before the event: free of charge
Cancellation up to 60 days before the event: 50% of the agreed amount
Cancellation fewer than 60 days before the event: 80% of the agreed amount
If no price has yet been agreed for the meal, the least expensive 3-course meal valid within the scope of the event deal shall be used as the basis for the calculation. Catering revenues are calculated using the following formula: agreed meal price x number of participants.
d) Provided that a flat rate conference fees have been agreed, these shall be charged proportionally in the event of a cancellation, as detailed below:
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 fewer than 14 days before the event: 80% of the agreed amount
e) Services rendered by third parties or extra services which become worthless as a result of the cancellation must be paid for in all circumstances.
5.1 Provided that it has been agreed that the customer can withdraw from the contract free of charge within a defined time period, the hotel in turn is also entitled to withdraw from the contract within this time period, if there are requests from other customers about the use of the contractually reserved rooms and/or event venues and the customer will not relinquish their right of withdrawal from the contract after being requested to do so by the hotel within a reasonable timeframe.
5.2 If an advance payment or security deposit agreed or requested under the terms listed in clause 3.6 is also not provided after a reasonable grace period determined by the hotel has elapsed, the hotel is likewise entitled to withdraw from the contract.
5.3 Furthermore the hotel shall reserve the right to effect an extraordinary withdrawal from the contract for objectively justified reasons, in particular in the case of
– force majeure or other circumstances beyond the hotel’s control which make fulfilling the contract impossible;
– rooms or events or venues booked culpably using misleading or false information or whilst withholding essential information; in this context the identity of the customer, the ability to pay or the purpose of the stay can be viewed as essential information;
– the hotel has reason to believe that the event would jeopardise smooth business operations or the security or public opinion of our business, when the event does not fall under the authority or organisational sphere of the hotel.
– the purpose or reason for the event is illegal;
– a breach of clause 1.2 exists.
5.4 The justified withdrawal on the part of the hotel shall in no circumstances entitle the customer to claim damages.
6.1 The customer has no right to be provided with specific rooms, unless this has been expressly agreed. Should rooms in the hotel be unavailable, the hotel shall immediately inform the contractual partner of this and provide them with an equivalent replacement in a nearby hotel of the same category.
6.2 Booked rooms shall be made available to the customer from 3pm on the agreed arrival day. The customer is not entitled to access the room any earlier.
6.3 On the agreed day of departure the rooms must be vacated and made available to the hotel by latest 11am. After this time the hotel may, on the grounds of a late vacation of the room, charge 50% of the full rental price (list price) if the customer leaves the room later than contractually agreed but before 6pm, or 90% if the customer leaves the room after 6pm. Any contractual claims of the customer shall not apply. The customer is free to provide evidence that the hotel has no claim at all or a much lesser claim to a usage fee.
7.1 The hotel must be informed of an increase of more than 5% in the number of participants no fewer than five working days before the start of the event; this requires the agreement of the hotel, which should be given in writing. The invoice shall be calculated based on the actual number of participants, however the number agreed in the higher participant total shall serve as a minimum. If the actual number of participants is lower, the customer has the right to a reduction in the agreed price, amounting to the additional money saved due to the lower number of participants, provided that proof of this is provided.
7.2 A reduction in the number of participants should be communicated to the hotel as early as possible, but no fewer than five working days before the start of the event. The invoice shall be calculated based on the actual number of participants, however the number stated in the last agreed participant total shall serve as a minimum. Clause 7.1, line 3 shall apply accordingly.
7.3 In the event of a reduction in the number of participants by more than 10%, the hotel is entitled to change the confirmed venues, taking into account the different venue rental fees where appropriate, unless this cannot reasonably be expected from the customer.
7.4 Should there be a change in the agreed start or end times for the event and the hotel does not agree to these alterations, the hotel may charge a reasonable fee for the additional commitment, unless the changes are the responsibility of the hotel.
The customer may not bring their own food and drink to events. Any exceptions must be agreed with the hotel. In this case, a fee will be charged to cover the overheads.
For events that continue after midnight, the hotel may charge €120 for each additional hour (or part thereof) after 1am and €160 for each additional hour (or part thereof) after 3am.
10.1 If, at the customer’s request, the hotel provides technical and other equipment from third parties for the event, it shall act on behalf, on the authority and on the account of the customer. The customer is liable for the careful handling and orderly return of any equipment. The customer exempts the hotel from all claims asserted by third parties arising from the provision of these facilities.
10.2 Should the customer wish to operate their own electrical equipment using the hotel’s electricity supply, they must obtain the hotel’s consent. Any faults or damages to the hotel’s technical equipment due to the use of these devices shall be the responsibility of the customer, unless the hotel is responsible for the damages. The electricity costs incurred by the use of the customer’s equipment may be calculated and charged by the hotel as a flat rate.
10.3 3 With the hotel’s consent, the customer is entitled to use their own telephone, telefax and data transmission devices. The hotel may request a connection fee for this service.
10.4 If the suitable equipment made available by the hotel remains unused due to the use of the customer’s own equipment, a deficiency compensation fee may be charged.
10.5 Faults in the technical equipment or other facilities provided by the hotel shall be immediately rectified where possible. Payments may not be withheld or reduced provided that the hotel is not responsible for these faults.
10.6 If nothing to the contrary is expressly agreed in writing, the contractual partner must obtain all official permits at their own expense. The contractual partner shall be responsible for ensuring compliance with all the relevant legal requirements (standards). The contractual partner shall promptly pay any levies payable to third parties for the event, such as GEMA fees, entertainment tax, etc. directly to the creditor concerned.
11.1 Any exhibition equipment or other items, including personal belongings, are brought to the event venues or into the hotel by the customer at their own risk. The hotel accepts no liability for loss, destruction or damage, nor for financial losses, except in the event of gross negligence or intent on the part of the hotel. Exceptions to this are any damages due to loss of life, bodily or damage to health. Moreover, all instances in which safekeeping constitutes a typical contractual obligation due to the specific circumstances of the individual case are also excluded from this liability disclaimer.
11.2 Any decoration materials brought onto the premises by the customer must comply with the fire protection requirements. The hotel is entitled to request official proof of their compliance. If such proof cannot be provided, the hotel is thus entitled to remove any materials which have already been brought into the hotel at the expense of the customer. Due to potential damages, the installation and mounting of objects must be agreed with the hotel in advance.
11.3 Any exhibition materials or other objects brought onto the premises by the customer must be immediately removed following the end of the event. If the customer does not do this, the hotel is entitled to remove and store the items at the customer’s expense. If the objects remain in the event venue, the hotel may charge a reasonable compensation fee for the duration of time for which the room cannot be used.
12.1 The customer is liable for all damages to the buildings or inventory which are caused by participants, visitors or staff at the event or by other third parties attributable to the customer or by the customer himself.
12.2 The hotel may request a reasonable security deposit from the customer, for example in the form of a credit card guarantee.
13.1 The hotel is liable for any loss of life, bodily injury or damage to health for which they are responsible. Furthermore it is liable for other damages which result from a willful or grossly negligent breach of duty on the part of the hotel, or more specifically from a willful or negligent violation of obligations which are typical for the contract. A breach of duty on the part of the hotel is equal to a breach of duty by a legal representative or vicarious agent. Further damages claims are excluded, unless otherwise indicated in clause 7 of this contract. Should disruptions or shortcomings arise in the services provided by the hotel, the hotel shall act to remedy these as soon as it becomes aware of them or a complaint is lodged by the customer. The customer is obligated to contribute to a reasonable degree to amend the disruption and to keep potential damage to a minimum.
13.2 The hotel shall be liable to the customer for property brought onto the premises in accordance with the legal requirements. The hotel recommends the use of the hotel or room safe. Should the guest wish to bring money, bonds or valuables with them which have a value of more than 800 Euros, or other items with a value of more than 3,500 Euros, this requires a special safekeeping agreement with the hotel.
13.3 If the customer is given access to a parking space in the hotel garage or on the hotel car park, even for a fee, this does not constitute a safekeeping agreement. Should there be any loss of or damage to motor vehicles and their contents parked or manoeuvered on the hotel’s property, the hotel shall only be liable to the extent of the measures detailed in the above clause 13.1, lines 1 to 4.
13.4 Wake-up services shall be performed by the hotel with the greatest care. Messages, post and goods shipments for the guests shall be handled with care. The hotel takes responsibility for the delivery, safekeeping and – if requested – the forwarding of these for a fee. In this case the hotel shall only be liable to the extent of the measures detailed in the above clause 13.1, lines 1 to 4.
13.5 The hotel shall take no part in dispute resolution proceedings before a consumer conciliation body.
14.1 Amendments and addenda to the contract, the acceptance of a request or these general terms and conditions shall be made in writing. Unilateral amendments or addenda by the customer shall be invalid.
14.2 The place of fulfillment and payment as well as the exclusive place of jurisdiction for commercial transactions – including for disputes concerning cheques and bills of exchange – is deemed to be 66802 Überherrn. Provided that a contractual partner fulfils the requirements of § 38 para. 2 of the German Code of Civil Procedure (ZPO) and does not have a general court of jurisdiction in Germany, 66802 Überherrn shall be the court of jurisdiction.
14.3 German law shall apply. The applicability of the UN Convention on Contracts for the International Sale of Goods and the conflict-of-law provisions is excluded.
14.4 Should individual provisions of these general terms and conditions be or become invalid or void, this shall not thereby affect the validity of the remaining provisions. Moreover, the statutory regulations shall apply.