GTC

1 SCOPE OF APPLICATION

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 organization of events such as banquets, seminars, conferences, exhibitions and presentations, etc. as well as all other services and deliveries provided by the hotel for the customer in this context.

1. 2 The subletting or re-letting of the rooms provided and their use for purposes other than accommodation, the rooms, areas or showcases provided and invitations to interviews, sales or similar events require the prior consent of the hotel in text form, whereby § 540 para. 1 sentence 2 BGB is waived insofar as 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, PARTNERS, LIMITATION PERIOD

2.1 The contractual partners are the hotel and the customer. The contract is concluded upon acceptance of the customer’s application by the hotel. The hotel is free to confirm the booking of the event in text form or to accept it conclusively by providing the service.

2.2 The hotel is liable for damages for which it is responsible arising from injury to life, limb or health. Furthermore, it is liable for other damages that are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of typical contractual obligations by the hotel. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. Any further claims for damages, unless otherwise regulated in clause 9, are excluded. Should disruptions or defects occur in the hotel’s services, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to make reasonable efforts to remedy the disruption and minimize any possible damage. In addition, the customer is obliged to inform the hotel in good time of the possibility of exceptionally high damages.

2.3 All claims against the hotel are generally subject to a limitation period of one year from the start of the statutory limitation period. Claims for damages are subject to a limitation period of five years, depending on knowledge, unless they are based on injury to life, limb, health or freedom. These claims for damages are subject to a limitation period of ten years regardless of knowledge. The shortening of the limitation period shall not apply to claims 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.

3.2 The customer is obliged to pay the agreed or applicable hotel prices for these and other services used. This also applies to services commissioned by the customer directly or via the hotel, which are provided by third parties and disbursed by the hotel. This also applies in particular to claims by copyright collecting societies.

3.3 The agreed prices include the taxes applicable at the time the contract is concluded. Not included are local taxes that are owed by the guest according to the respective municipal law, such as visitor’s tax. In the event of changes to the statutory value added tax or the introduction, amendment 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 only applies if the period between conclusion and fulfillment 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 length of the customer’s stay requested by the customer dependent on the price for the rooms and/or for the hotel’s other services being increased.
General Terms and Conditions

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

3.6 The hotel is entitled to demand a reasonable advance payment or security deposit of up to 100% from the customer upon conclusion of the contract, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed in text form in the contract.

3.7 In justified cases, for example if the customer is in arrears with payment or if the scope of the contract is extended, the hotel is entitled, even after conclusion of the contract up to the start of the event, 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.

3.8 Furthermore, the hotel is entitled to demand a reasonable advance payment or security deposit from the customer at the beginning and during the stay within the meaning of Section 3.6 above for existing and future claims arising from the contract, insofar as such a payment has not already been made in accordance with Section 3.6 and/or Section 3.7 above.

3.9 Increases in value added tax shall be borne by the contractual partner. If the period between the conclusion of the contract and the first contractual service exceeds 120 days, the hotel has the right to increase the price by a maximum of 15%. Subsequent changes to the services may result in changes to the prices.

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

4 WITHDRAWAL BY THE CUSTOMER (CANCELATION, 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, another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as any consent to a contract termination should be made in text form.

4.2 If the hotel and the customer have agreed on 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 expires if he does not exercise his right of withdrawal vis-à-vis the hotel by the agreed date.

4. 3 If a right of withdrawal has not been agreed or has already expired, if there is no statutory right of withdrawal or termination and if the hotel does not agree to a termination of the contract, the hotel retains the claim to the agreed remuneration despite non-utilization of the service. The hotel must offset the income from renting the rooms and spaces to other parties as well as the expenses saved. The expenses saved in each case can be calculated in accordance with Clauses 4.4, 4.5 and 4.6. The customer is free to prove that the claim did not arise or did not arise in the amount claimed. The hotel is at liberty to prove that a higher claim has arisen.

4.4 The customer may withdraw from the contract for accommodation in up to 3 rooms (= individual guest) up to 1 calendar day before the day of arrival without incurring payment or compensation claims by the hotel. Thereafter, the hotel is at liberty to calculate the damages incurred by it and to be compensated by the customer as follows: a) from the day of arrival = 80% of the booked services.

4.5 The customer may withdraw from the contract for accommodation with 4 or more rooms (= group offer) up to the 22nd calendar day before the day of arrival without incurring payment or compensation claims by the hotel. Thereafter, the hotel is free to calculate the damage incurred by it and to be compensated by the customer as follows:
a) 21st to 15th calendar day before the day of arrival = 50% of the room price
b) 14th to 4th calendar day before the day of arrival = 70% of the room price
c) from the 3rd calendar day before the day of arrival = 80% of the booked service

4.6 Withdrawal from events and banquets
The hotel grants the contract partner a right of withdrawal at any time. The following conditions apply:
a) In the event that the contract partner cancels the reservation, the hotel is entitled to reasonable compensation.
b) In any case, the hotel is entitled to charge the agreed rent if subletting is not possible.
c) If food and beverage sales have been agreed, these shall be invoiced pro rata as follows in the event of cancelations:
Cancellation free of charge up to 180 days before the event
Cancellation up to 120 days before the event 25% of the agreed amount
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 yet been agreed for the menu, the cheapest 4-course menu of the respective valid event offer will be used as a basis. The calculation of food sales is based on the formula: Agreed menu price x number of participants.
d) Services provided by third parties or special services that are rendered useless as a result of the cancellation must be paid for in all cases.

4.7 Withdrawal or reduction for conferences and seminars
The hotel grants the contract partner a right of withdrawal at any time. The following conditions apply:
a) In the event that the contract partner cancels the reservation, the hotel is entitled to reasonable compensation.
b) In any case, the hotel is entitled to charge the agreed conference flat rate and rent if subletting is not possible.
c) The food and beverage sales agreed in the conference packages, as well as services, shall be invoiced pro rata as follows in the event of cancelations:
Cancellation free of charge up to 45 days before the event
Cancellation up to 14 days before the event 50% of the agreed total amount
Cancellation less than 14 days before the event 80% of the agreed total amount
d) Services provided by third parties or special services that are rendered useless as a result of the cancellation must be paid for in all cases.
e) In the event of a reduction or cancellation of individual participants (max. 10% of the total number of participants), the agreed conference flat rate will be invoiced pro rata as follows:
Reduction free of charge up to 7 days before the event
Reduction less than 7 days before the event 80% of the agreed conference fee
f) In the event of a reduction in the total number of persons from originally more than 20 persons to less than 20 persons, the entitlement to the service: “Lunch in our restaurant” (if booked) does not apply. In this case, the hotel reserves the right to change the service to: “Lunch at the hotel” and the associated reduction of the conference flat rate. If the service: “Lunch in our restaurant” is nevertheless requested, the hotel reserves the right to charge the difference up to the 20th person.

5 WITHDRAWAL BY THE HOTEL

5.1 If it has been agreed that the customer can withdraw from the contract free of charge within a certain period, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers for the contractually booked rooms and/or event rooms and the customer does not waive his right of withdrawal upon enquiry by the hotel with a reasonable deadline.

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

5.3 Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for objectively justified reasons, in particular if
– Force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
– rooms or events or rooms are culpably booked with misleading or false information or concealment of material facts; material facts may include the identity of the customer, the ability to pay or the purpose of the stay;
– the hotel has reasonable grounds to believe that the event may jeopardize the smooth operation, safety or public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organization;
– the purpose or occasion of the event is unlawful;
– there is a breach of section 1.2.

5.4 The justified withdrawal of the hotel does not entitle the customer to claim damages.

6 ROOM PROVISION, HANDOVER AND RETURN

6.1 The customer does not acquire any claim to the provision of specific rooms, unless this has been expressly agreed. If rooms are not available in the hotel, the hotel will inform the contract partner immediately and offer an equivalent replacement in a nearby hotel of the same category.

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 provision.

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) for the late vacating of the room until 6 p.m., and 90% from 6 p.m. onwards. This shall not give rise to any contractual claims on the part of the customer. The customer is at liberty to prove that the hotel has no or a significantly lower claim to compensation for 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 notified to the hotel no later than five working days before the start of the event; this requires the hotel’s consent, which must be given in text form. Invoicing shall be based on the actual number of participants, but at least the number of the 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 additional expenses saved as a result of the lower number of participants.

7.2 A reduction in the number of participants should be communicated to the hotel in good time, at the latest five working days before the start of the event. Invoicing shall be based on the actual number of participants, but at least the number of participants ultimately agreed. Section 7.1 sentence 3 applies accordingly.

7. 3 If the number of participants is reduced by more than 10%, the hotel is entitled to swap the confirmed rooms, taking into account any difference in the room rent, unless this is unreasonable for the customer.

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

8 BRINGING FOOD AND DRINKS

The customer may not bring food and drinks to events. Exceptions require an agreement with the hotel. In these cases, a contribution is charged to cover overheads.

9 NIGHT SURCHARGES

For events that extend beyond midnight, the hotel may charge €250.00 per hour or part thereof from midnight.For events in our restaurant that extend beyond the official closing time (10:00 p.m.), the hotel may charge €250.00 per hour or part thereof from 11:00 p.m. onwards.

10 TECHNICAL EQUIPMENT AND CONNECTIONS

10. 1 Insofar as the hotel procures technical and other equipment from third parties for the customer at the customer’s request, it acts in the name of, on behalf of and for the account of the customer. The customer is liable for careful handling and proper return. He shall indemnify the hotel against all third-party claims arising from the provision of these facilities.

10.2 The use of the customer’s own electrical equipment using the hotel’s electricity network requires the hotel’s consent. Any malfunctions or damage to the hotel’s technical equipment caused by the use of these devices shall be borne by the customer, insofar as the hotel is not responsible for them. The hotel may record and charge the electricity costs incurred through use.

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

10. 4 If suitable hotel equipment remains unused due to the connection of the customer’s own equipment, a default fee may be charged.

10.5 Faults in technical or other equipment provided by the hotel will be rectified as soon as possible. Payments may not be withheld or reduced insofar as the hotel is not responsible for these disruptions.

10.6 The contractual partner must obtain all official permits at its own expense, unless expressly agreed otherwise in writing. The contractual partner shall be responsible for compliance with all relevant (regulatory) legal requirements. Fees payable to third parties for the event, such as GEMA fees, entertainment tax, etc., must be paid by the contractual partner to the creditor without delay.

10.7 The use of a fog machine in the Festsaal Marstall is not permitted due to the fire alarm system there.

11 LOSS OF OR DAMAGE TO ITEMS BROUGHT ONTO THE PREMISES

11. 1 Any exhibits or other items, including personal items, brought into the event rooms or the hotel are at the customer’s risk. The hotel accepts no liability for loss, destruction or damage, including financial loss, except in cases of gross negligence or intent on the part of the hotel. This does not apply to damages resulting from injury to life, limb or health. In addition, all cases in which safekeeping is a typical contractual obligation due to the circumstances of the individual case are excluded from this exemption from liability.

11.2 Any decoration material brought along must comply with fire protection requirements. The hotel is entitled to demand official proof of this. If such proof is not 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 attachment of objects must be agreed with the hotel in advance.

11. 3 Any exhibits or other items brought onto the premises must be removed immediately after the end of the event. If the customer fails to do so, the hotel may remove and store the goods at the customer’s expense. If the items remain in the function room, the hotel may charge an appropriate compensation for use for the duration of the room being withheld.

12 LIABILITY OF THE CUSTOMER FOR DAMAGES

12.1 The customer 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.

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

13 LIABILITY OF THE HOTEL

13.1 The hotel is liable for damages for which it is responsible arising from injury to life, limb or health. Furthermore, it shall be liable for other damages which are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of typical contractual duties of the hotel. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. Further claims for damages are excluded, unless otherwise stipulated in this clause 7. Should disruptions or defects occur in the hotel’s services, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to make reasonable efforts to remedy the disruption and minimize any possible damage.

13.2 The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions. The hotel recommends the use of the hotel or room safe. If the guest wishes to bring in money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a separate storage agreement with the hotel.

13. 3 If the customer is provided with a parking space in the hotel garage or on the hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. In the event of loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel shall only be liable in accordance with the above clause 13.1, sentences 1 to 4.

13.4 Wake-up calls are carried out by the hotel with the utmost care. Messages, post and consignments for guests are handled with care. The hotel will take over the delivery, storage and – on request – forwarding of the same for a fee. The hotel shall only be liable in accordance with the above clause 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 Amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions should be made in text form. Unilateral changes or additions by the customer are invalid.

14. 2 The place of performance and payment as well as the exclusive place of jurisdiction – also for disputes relating to checks and bills of exchange – for commercial transactions is 66802 Überherrn. If a contractual partner fulfills the requirements of § 38 paragraph 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be 66802 Überherrn, Germany

14. 3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.

14.4 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. In all other respects, the statutory provisions apply.