General Terms and Conditions for Events

1 Scope

1.1 These Terms and Conditions apply to contracts for the hire of the hotel’s conference, banquet and function rooms for the purpose of holding events such as banquets, seminars, conferences, exhibitions and presentations, etc., as well as to all other services and supplies provided by the hotel to the customer in this context.

1.2 The subletting or re-letting of the premises, spaces or display cases provided, as well as the organisation of job interviews, sales events or similar functions, requires the hotel’s prior consent in writing, whereby Section 540(1), second sentence, of the German Civil Code (BGB) is excluded insofar as the customer is not a consumer.

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

2. Contract Formation, Contracting Parties, Liability, Statute of Limitations

2.1 The contracting parties are the hotel and the customer. The contract is concluded upon the hotel’s acceptance of the customer’s request. The hotel may, at its discretion, confirm the event reservation in writing.

2.2 The hotel is liable for damages resulting from injury to life, body, or health for which it is responsible. Furthermore, the hotel is 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 the hotel’s obligations typical to the contract. A breach of duty by the hotel is deemed equivalent to a breach by a legal representative or agent. Any further claims for damages, unless otherwise provided for in Section 9, are excluded. Should any disruptions or defects in the hotel’s services occur, the hotel will endeavor to remedy the situation upon becoming aware of them or upon receiving an immediate complaint from the guest. The customer is obligated to take all reasonable steps to remedy the disruption and minimize any potential damage. Furthermore, the customer is obligated to notify the hotel in a timely manner of the possibility that exceptionally high damages may occur.

2.3 All claims against the hotel generally become time-barred one year after the statutory limitation period begins. This does not apply to claims for damages or other claims, provided that the latter are based on a breach of duty by the hotel committed with intent or through gross negligence.

3 Services, Prices, Payment, Setoff

3.1 The hotel is obligated to provide the services ordered by the guest and confirmed by the hotel.

3.2 The customer is obligated to pay the hotel’s agreed-upon or applicable rates for these and any other services utilized. This also applies to services ordered by the customer directly or through the hotel that are provided by third parties and paid for in advance by the hotel. In particular, this also applies to claims by copyright collection societies.

3.3 The agreed-upon prices include the taxes in effect at the time the contract is concluded. In the event of changes to the statutory value-added tax or the introduction, modification, or abolition of local taxes on the subject matter of the contract after the contract is concluded, the prices will be adjusted accordingly. For contracts with consumers, this applies only if the period between the conclusion of the contract and its performance exceeds four months.

3.4 Hotel invoices without a due date are payable in full within ten days of receipt of the invoice. The hotel may at any time require the customer to make immediate payment of any due amounts.
In the event of late payment by the customer, the statutory provisions shall apply.. The hotel reserves the right to prove that the damage was greater.

3.5 The hotel is entitled to require the customer to make a reasonable advance payment or provide security, such as a credit card guarantee, upon conclusion of the contract. The amount of the advance payment and the payment dates may be agreed upon in writing in the contract. In the event of late payment by the customer, the statutory provisions shall apply.

3.6 In justified cases—such as the customer’s failure to make timely payments or an expansion of the scope of the contract—the hotel is entitled, even after the contract has been concluded and up until the start of the event, to demand an advance payment or security deposit as defined in Section 3.5 above, or to increase the advance payment or security deposit agreed upon in the contract up to the full amount of the agreed-upon compensation.

3.7 The customer may set off or offset a claim against a claim by the hotel only if the claim is undisputed or has become final and binding.

4. Customer Withdrawal (Cancellation)

4.1 The customer may cancel the contract concluded with the hotel only if a right of cancellation has been expressly agreed upon in the contract, if another statutory right of cancellation exists, or if the hotel expressly consents to the cancellation of the contract. Any agreement regarding a right of cancellation, as well as any consent to the cancellation of the contract, must be made in writing.

4.2 If the hotel and the customer have agreed on a deadline for canceling the contract free of charge, the customer may cancel the contract by that deadline without triggering any claims for payment or damages by the hotel. The customer’s right to cancel expires if the customer does not exercise that right with the hotel by the agreed deadline.

4.3 If a right of withdrawal has not been agreed upon or has already expired, and there is no statutory right of withdrawal or termination, and the hotel does not consent to the termination of the contract, the hotel retains the right to the agreed-upon compensation despite the service not being used. The hotel must offset the revenue from renting the rooms to other parties as well as the expenses saved. The expenses saved in each case may be calculated on a flat-rate basis in accordance with Sections 4.4, 4.5, and 4.6. The customer is free to provide evidence that the claim did not arise or did not arise in the amount claimed. The hotel is free to provide evidence that a higher claim has arisen.

4.4 If the customer cancels between the 8th and 4th week prior to the event date, the hotel is entitled to charge 35% of the lost food sales in addition to the agreed rental price; for any later cancellation, 70% of the food sales.

4.5 Catering revenue is calculated using the following formula: Agreed menu price × number of participants. If no price has yet been agreed upon for the menu, the least expensive three-course menu from the currently valid event offerings will be used as the basis.

4.6 If a conference flat rate per participant has been agreed upon, the hotel is entitled to charge 60% of the conference flat rate multiplied by the agreed-upon number of participants in the event of a cancellation between the 8th and 4th week prior to the event date, and 85% in the event of a later cancellation.

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 specified period, the hotel is, for its part, entitled to withdraw from the contract during that period if it receives inquiries from other customers regarding the event rooms booked under the contract and the customer, upon being contacted by the hotel and given a reasonable deadline, does not waive its right to withdraw.

5.2 If an advance payment or security deposit agreed upon or required pursuant to Section 3.5 and/or Section 3.6 is not made even after the expiration of a reasonable grace period set by the hotel, the hotel shall also be entitled to terminate the contract.

5.3 Furthermore, the hotel is entitled to terminate the contract for cause for objectively justified reasons, in particular if

– Force majeure or other circumstances beyond the hotel’s control that make it impossible to fulfill the contract;

– Events or rooms are booked by providing misleading or false information or by concealing material facts; such material facts may include the customer’s identity, financial standing, or purpose of stay;

– the hotel has reasonable grounds to believe that the event may jeopardize the smooth operation of the business, the safety, or the hotel’s public reputation, without this being attributable to the hotel’s sphere of control or organizational responsibility;

– the purpose or reason for the event is unlawful;

– there is a violation of Section 1.2. 5.4 The hotel’s justified termination does not entitle the customer to claim damages.

6. Changes to the Number of Participants and the Event Time

6.1 Any increase in the number of participants by more than 5% must be reported to the hotel no later than five business days before the start of the event; such an increase requires the hotel’s consent, which must be provided in writing. The invoice will be based on the actual number of participants, but shall not be less than 95% of the agreed-upon higher number of participants. If the actual number of participants is lower, the customer has the right to reduce the agreed-upon price by the amount of additional expenses saved as a result of the lower number of participants, provided the customer can provide evidence of such savings.

6.2 The hotel must be notified of any reduction in the number of participants by more than 5% well in advance, no later than five business days before the start of the event. The invoice will be based on the actual number of participants, but will be no less than 95% of the final agreed-upon number of participants. Clause 6.1, sentence 3, applies accordingly.

6.3 If the number of participants decreases by more than 10%, the hotel is entitled to substitute the confirmed rooms, taking into account any differences in room rental rates, unless this would be unreasonable for the customer.

6.4 If the agreed start or end times of the event are changed and the hotel agrees to such changes, the hotel may charge a reasonable fee for the additional services provided, unless the hotel is at fault.

7 Bringing Your Own Food and Beverages

As a general rule, customers are not permitted to bring their own food and beverages to events. Exceptions require prior agreement with the hotel. In such cases, a fee will be charged to cover overhead costs.

8 Technical Equipment and Connections

8.1 To the extent that the hotel procures technical and other equipment from third parties for the customer at the customer’s request, the hotel acts on behalf of, under the authority of, and for the account of the customer. The customer is responsible for treating the equipment with care and returning it in proper condition. The customer shall indemnify the hotel against all claims by third parties arising from the provision of such equipment.

8.2 The use of the guest’s own electrical equipment while connected to the hotel’s electrical system requires the hotel’s consent. Any malfunctions or damage to the hotel’s technical equipment resulting from the use of such equipment shall be borne by the guest, unless the hotel is responsible for such malfunctions or damage. The hotel may record and charge a flat rate for the electricity costs incurred as a result of such use.

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

8.4 If the connection of the customer’s own equipment results in suitable hotel equipment remaining unused, a compensation fee may be charged.

8.5 Malfunctions in technical or other equipment provided by the hotel will be remedied immediately whenever possible. Payments may not be withheld or reduced if the hotel is not responsible for such malfunctions.

9 Loss or Damage to Personal Belongings

9.1 Any exhibition items or other personal belongings brought to the event venue or the hotel are kept there at the customer’s own risk. The hotel assumes no liability for loss, destruction, or damage, including financial losses, except in cases of gross negligence or willful misconduct on the part of the hotel. This exclusion does not apply to damages resulting from injury to life, body, or health. Furthermore, all cases in which safekeeping constitutes a duty typical of the contract, given the circumstances of the individual case, are excluded from this disclaimer of liability.

9.2 Any decorative materials brought onto the premises must comply with fire safety requirements. The hotel is entitled to request official documentation to this effect. If such documentation is not provided, the hotel is entitled to remove any materials already brought onto the premises at the customer’s expense. To prevent potential damage, the placement and installation of objects must be coordinated with the hotel in advance.

9.3 Any exhibition items or other objects brought onto the premises must be removed immediately after the event ends. If the customer fails to do so, the hotel may remove and store such items at the customer’s expense. If the items remain in the event room, the hotel may charge a reasonable fee for use of the room for the duration that the room is occupied by such items.

10 Customer Liability for Damages

10.1 If the customer is a business, the customer is liable for any damage to the building or its contents caused by event participants or visitors, employees, other third parties associated with the customer, or the customer itself.

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

11 Final Provisions

.1 Any amendments or additions to the contract, the acceptance of the application, or these General Terms and Conditions must be made in writing. Unilateral amendments or additions by the customer are invalid.

11.2 The place of performance and payment, as well as the exclusive venue—including for disputes involving checks and bills of exchange—in commercial transactions is Wingerode. If a contracting party meets the requirements of Section 38(2) of the German Code of Civil Procedure (ZPO) and has no general venue within Germany, the venue shall be Wingerode (37327).

11.3 German law shall apply. The application of the United Nations Convention on Contracts for the International Sale of Goods and conflict-of-laws provisions is excluded.

11.4 Should any individual provision of these General Terms and Conditions for Events be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.