General conditions and terms for services of SEEHOTEL HOERI EVENT KG
(1) The contract with the customer shall be established by the order confirmation of the hotel (uniform designation for ordering parties, event organiser, guest, et cetera). These general conditions and terms shall be part of the contract; they shall apply for all services of the hotel, in particular for the surrender of hotel rooms, conference and banquetting rooms as well as other premises of the hotel (hereinafter referred to as service provision).
If a third party has ordered for a customer, the said shall be liable towards the customer as joint debtor. The hotel may charge a reasonable advance payment from the customer and/or third party. Subletting or re-letting shall require the written appoval of the hotel.
(2) The prices shall depend on the price list applicable at the time of service provision. If fixed prices are mentioned in the order confiramtion, and if more than four months have passed between conclusion of the contract and provision of services, the hotel shall be permitted to modify the prices. If a minimum turnover has been agreed upon and the said is not achieved, the hotel shall be permitted to request 60 per cent of the difference as profit lost provided the customer does not prove a lower or the hotel a higher profit.
(3) Reservation – also in favour of a customer who is a tour operator – which bind the hotel first of all (option) shall turn into final reservations, if the customer does not express his or her withdrawal from the reservation within the period rendered in the reservation agreement. If no period has been agreed upon, the withdrawal may be declared at the latest one month before the beginning of the service provision (reaching the hotel in writing).
(4) For the booked and/or rented rooms, the payment agreed upon shall have to be made, even if the booking is cancelled by the customer later (Section 522 of the German Civil Code). The expenditure of the hotel saved shall amount to 10 per cent for bed with or without breakfast, 40 per cent for meals and drinks, and 25 per cent for flat-rate agreements (accommodation and food in one amount) of the price agreed upon. For other service provisions (i.e. conference, banquetting and other rooms, for additional services in paritcular catering = event), the time of cancellation shall determine the claim of the hotel for a reasonable payment. The said shall be determined by the order acknowledgment of the hotel as well as by the annex to these general termas and conditions. The customer shall be permitted to prove a lower damage of the hotel than that claimed.
(5) The customer shall have to inform the hotel about the participants at the latest two working days – 48 hours – before the date of service provision. If fewer participants arrive, the customer has to pay for the number of participants indicated. If more participants arrive, the said shall have to settle the real number of participants.
(6) In case of events which exceed the contractually arranged period of time, otherwise exceed 23:00 hours, the hotel shall be permitted to charge extra, especially for subsequent events and staff.
(7)(a) The hotel endeavours to carry out wake-up calls with the greatest of care.
(7)(b) Messages, post and good consigments for the hands of the customer shall be handled with care. The hotel shall take care of storage, delivery and – against payment, if and when requested – forwarding.
(7)(c) Property of the customers left behind shall be forwarded to the customer upon enquiry, risk and costs of the customer. The hotel shall store the property for six months and shall charge a reasonable fee for the said. Subsequently the property, if of discernible value, shall be passed on to the local lost-and-found property.
(7)(d) Any liability of the hteo for (a) to (c) shall be ruled out.
(8) If the customer is provided with a parking space in the hotel garage or on the hotel car part, even against payment, no custody agreement shall be concluded. There is no supervision obgligation of the hotel. The hotel shall be liable only for direct damage to the vehicle which is caused by a defect already existing when the car park was allocated, however not exceeding Euro 15,000.00 per vehicle. The damage shall have to be indicated to the hotel at the latest when leaving the hotel property.
(9) The hotel hsall be liable for the care of the prudent merchant. If disruptions or defects occur with respect to the services of the hotel, the said shall ensure remedy upon immediate complaint of the customer. Independently of chapter (7) and Sections 701 of the German Civil Code the hotel shall be liable only in case of intent or gross negligence of the legal representative of the hotel company or of the executive employees of the hotel. A storage shall require an explicit agreement. Offset, reduction or retention shall be permissible for the customer only in case of indisputed or legally established counterclaims. A potential liability of the hotel – irrespective of Sections 701 ff. of the German Civil Code – shall be limited to the amount of the rental fee agreed upon. The limitation period shall be six months for all claims of the customer, calculated as from the end of the agreement. This limiation of liability shall apply for the hotel also in case of violations of obligations during the contract acceptance, positive contract violation and unlawful acts.
(10) In case of force majeure (fire, strike or the like) or reasons, for which the hotel is not responsible for, in particular those outside of the sphere of influence of the hotel, the hotel reserves the right to withdraw from the contract without the customer being permitted to claim damages.
(11) For damage or loss occurring during the contract period, the customer shall be liable to the hotel, unless the damage is in the field of responsibility of the hotel or is caused by a third party and this thir party really provides compensation which in each case has to be substantiated by the customer.
(12) The attachment of decoration material or other objects shall not be permitted without the approval of the hotel. The said shall have to be in conformity with the local fire authority regulations. If they are not picked up immediately or within twelve hours after the end of the event at the latest, the said shall be stored by the hotel, whereby the customer shall have to pay a fee to the amount of the lease for the room used.
(13) The customer shall have to procure the necessary official permit for an event in due time at his costs. The said shall ensure the observation of all official obligations and other regulations. The fees to be paid to third parties for the event, in particular GEMA fees, entertainment tax, et cetera shall have to be paid to the creditor directly.
(14) If the hotel obtains technical or other equipment of a third party for the customer, the hotel shall act in the name and for the invoice of the customer; the said shall be liable for careful treatment and correct return of the equipment and shall exempt the hotel from claims of third parties in conjunction with the surrender.
(15) The customer may not bring food and drinks to the event as a matter of principle. In special cases (e.g. national specialities) a written agreement may be concluded, at least a service fee and/or corkage shall be charged.
(16) Newspaper advertisements, other advertising actions and publications which refer to the hotel and/or contain invitations for interviews and/or sales events shall required the written approval of the hotel as a matter of principle. If a publication is done without such an approval and if the interests of the hotel are affected, the hotel shall have the right to cancel the event. In this case, chapter (4) of the General conditions and terms shall apply (payment of the rent and the adequate consideration) and should correspond to the annex of these general conditions and terms.
(17) Rooms booked shall be available to the customer as from 15:00 h. The rooms shall have to be cleared by 11:00 h at the latest on the day of departure. If no later arrival time has been agreed upon explicitly, the hotel shall have the right to pass on the booked room after 18:00 h without the customer being able to derive a claim. The customer has no claim to the provision of a certain room or facilities. If the said has been promised in the order confirmation, but is not available, the hotel shall be obligated to provide equivalent replacement in the hotel or in another establishment.
(18) Invoices which are not due according to calendar shall have to be paid within ten days as from invoice date without deductions; delay shall occur with receipt of the first reminder. As from the occurrence of the default, the invoice shall be interest-bearing with 4 per cent over the German Federal Bank rate of discount, if the hotel does not prove a higher or the customer a lower damage caused by delay. For every reminder after occurrence of default a reminder fee of EUR 15.00 will be charged.(19) The place of performance and the place of jurisdiction for both parties shall be Singen in the Federal Republic of Germany.
(20) Deviating agreements or side agreements shall have to be set out in writing to be effective. If individual stipulations of the contract – including these general conditions and terms – should be ineffective, this shall not affect the effectiveness of the other stipulations. The parties shall immediately replace the ineffective stipulations by those which come closest in meaning to the ineffective ones.
(21) Payment in advance
In case of conferences / seminars / banquets or other meetng and in case of travel agencies:
An advance payment of 50 per cent up to three weeks prior to the event beginning
The rest shall be paid upon arrival. A copy of the transfer order shall be sent to the hotel in advance. In case of delayed or incomplete payment, the hotel shall be permitted to avail itself of the right of cancellation after a period of eight days and shall be permitted to charge a reasonable handling fee. In case of a cancellation all rights of the ordering party derived from the reservation shall lapse without substitution. The payments shall have to be made to SEEHOTEL HOERI Event KG exclusively.
Annex to the General conditions and terms
If the guest does not avail himself or herself of the ordered hotel room, arrangement, event room, banquetting facility or orther diverse services ordered, he or she shall be legally obligated to pay the price for the services agreed upon regardless of the reason for the cancellation.
Section (1) In case of cancellation of booked hotel rooms, invoice will be issued: Cancellation have to be issued in writing as a matter of principle!
Cancellation expenses / claim of the hotel
Section 1.1 Up to a fortnight free of charge, provided the hotel room can be let otherwise
Section 1.2 Up to twenty-eight days 40 per cent of the services booked
Section 1.3 Up to fifteen days 60 per cent of the services booked
Section 1.4 Up to four days 80 per cent of the services booked
Section 1.5 As from the third day 100 per cent of the booked services.
Section (2) Cancellation costs for technical equipment and other services booked for the performance of an event shall accrue in a corresponding sliding scale provided an outlay for the provision has occurred up to the time of cancellation, and the said cannot be covered by other use.
General conditions and terms for the hotel accommodation agreement of SEEHOTEL HOERI EVENT KG
(1) Scope of application
(1) These general conditions and terms shall apply for contracts on the rented surrender of hotel rooms for accommodation as well as for all other services and deliveries of the hotel for the customer (standardised designation for the ordering party, operator, guest, et cetera). The booking may be made verbally, in writing, by telephone, by facsimile or by electronic means. (2) The subletting or re-letting of the rooms surrendered as well as the use for other than accommodation purposes shall require the previous written approval of the hotel whereby Section (540), paragraph (1), sentence (2) of the German Civil Code shall be waived, if the customer is not a consumer. (3) The general conditions and terms of the customer shall be applied, if the said has been agreed upon explicitly in wriring.
(2) Conclusion of agreement, contractual partners; statute of limitaiton
(1) The contract shall be established by the acceptance of the request of the customer by the hotel. The hotel shall be free to confirm the room booking in writing. (2) The contractual partners shall be the hotel and the customer. If a third party has booked for the customer, the said shall be liable to the hotel together with the customer as joint debtor for all obligations from the hotel agreement provided the hotel has a corresponding declaration of the third party. (3) All claims against the hotel shall become time-barred as a matter of principle after one year since the beginning of the knowledge-dependent limitation period of Section (199), paragraph (1) of the German Civil Code. Damage compensation claims shall become knowledge-dependently time-barred in five years. The reduction of the limitation period shall not apply for claims which are based on the intentional or grossly negligent violation of obligations of the hotel.
(3) Services, prices, payments, set-off
(1) The hotel shall be obligated to render available the room booked by the customer and to provide the services agreed upon.
(2) The customer shall be obligated to pay the prices in conformity with the valid price list of the hotel at the point of rendering the room and for the other services accepted. This shall apply also for services caused by the customer and outlay of the hotel to a third party.
(3) The prices agreed upon shall include the respective legal value-added tax. If the period between contract conclusion and contract performance exceeds four months and if the price charged by the hotel in general for such services, the said may raise the contractually agreed price reasonable, at the most however, by 5 per cent.
(4) The prices may be modified by the htoel, if the customer subsequently requests a change of the number of booked rooms, service of the hotel or the duration of stay of customers, and the hotel accepts. (5) Invoices of the hotel without due date shall be paid without deduction within ten days after receipt of the invoice. The hotel shall be permitted to declare payable accumulated claims at any time and to request immediate payment. In case of late payment the hotel shall be permitted to charge the respectively applicable legal default interest to the amount of at present 8 per cent or in case of legal transaction in which a consumer is involved to the amount of 5 per cent above the base rate. The hotel shall be permitted to prove a higher damage. (6) The hotel shall be permitted to request a reasonable advance payment or security upon conclusion of the contract or subsequently
under consideration of the legal regulations for package tours. The amounf of the advance payment and the terms of pament may be agreed upon in writing in the contract. (7) The customer may set off or reduce a claim of the hotel with undisputed or legally valid claim.
(4) Rescission of the customer (i.e. cancellation) / non-utilisation of the services of the hotel
(1) A withdrawal of the customer from the agreement concluded with the hotel shall require the written approval of the hotel. If the said does not occur, the price agreed in the contract shall have to be paid even if the customer does not avail himself or herself of the contractual services. This shall not apply for the violation of the obligation of the hotel to observe the rights, legal assets and the interest of the customer, if the said cannot reasonably be expected to retrain the contract or if there is another legal or contractual right of withdrawal.
(2) If a date for free withdrawal from the contract has been agreed upon between the hotel and the customer, the customer may be permitted to withdraw from the contract without causing claims for payment and damages of the hotel. The right of withdrawal of the customer shall expire if the said does not exercise his or her right of withdrawal up to the deadline agreed upon in writing towards the hotel, unless a case of withdrawal of the customer in keeping with number (1), sentence (3) has arisen.
(3) If rooms have been used by the customer, the hotel shall have to take into account the payment of other renting of rooms as well as any saved outlays.
(4) The hotel shall be permitted to request the contractually agreed remuneration and to deduct the saved expenses as a lump sum. In this case the customer shall be obligated to pay at least 90 per cent of the contractually agreed price for overnight stay with or without breakfast, 70 per cent of the half board and 60 per cent of the full-board arrangement. For other services provided, the time of the cancellation shall determine the amount of claim of the hotel for reasonable remuneration, which results from the order confirmation of the hotel as well as from the annex to these general conditions and terms. The customer shall be free to prove that the claim mentioned above is not justified or not for the amount requested. Annex to the general conditions and terms If the guest does not avail himself or herself of the ordered hotel room, arrangement, event room, banquetting facility or orther diverse services ordered, he or she shall be legally obligated to pay the price for the services agreed upon regardless of the reason for the cancellation. The real savings of the operator shall have to be deducted. Section (1) In case of cancellation of booked hotel rooms (max. up to three booked rooms for a fixed period of time), invoice will be issued: Cancellation have to be issued in writing as a matter of principle ! Cancellation periods / claim of the hotel
Section 1.1 Up to a fortnight free of charge, provided the hotel room can be let otherwise
Section 1.2 Up to fifteen days 50 per cent of the services booked
Section 1.3 Up to fifteen days 80 per cent of the services booked
Section 1.5 As from the third day 100 per cent of the booked services.
(5) Withdraw of the hotel
(1) If a free right of withdrawal of the customer within a certain period of time has been agreed upon in writing, the hotel in turn shall be permitted during the same period to withdraw from the contract, if enquiries of other customers for the contractually booked rooms are available and the customer does not renounces his right of withdrawal upon request of the hotel. (2) If an advance payment agreed upon and requested in keeping with chapter (3) No. (6) mentioned hereinbefore is not paid even after expiry of a reasonable grace period rendered by the hotel, the hotel shall be permitted to withdraw from the contract. (3) Moreover,
the hotel shall be permitted to withdraw from the contract for a materially justified reason, for example if
. force majeure or other unforeseen circumstances render the fulfilment of the contract impossible;
. rooms have been booked under misleading or wrong statements of important facts, such as in the person of the customer or the purpose;
. the hotel has a reasonable suspicion that the use of the hotel services may jeopardise smooth business, the safety or the reputation of the hotel in public without this has been attributed to the domain and/or organisation area of the hotel;
. a violation against clause (1) No. (2) is present.
(4) In case of justified withdrawal of the hotel, the customer shall have no claim to
(6) Provision, handover and return of rooms
(1) The customer acquires no claim to the provision of a certain room. (2) Booked rooms shall be available to the customer as from 15:00 h on the arrival day agreed upon. The customer has no claim to any earlier provision. (3) On the departure day agreed upon the rooms shall be rendered available to the hotel in a cleared condition by 11:00 h at the latest. Due to late clearance of the room, the hotel may charge for contract-exceeding use up to 18:00 h 50 per cent of the full accommodation price (list price) or 100 per cent as from 18:00 h. Contractual claims of the customer shall not be established. The customer shall be free to prove that the hotel has no or a considerably lower claim to a user fee.
(7) Liability of the hotel
(1) he hotel shall act with the due diligence of a prudent merchant for its obligations from the contract. Claims of the customer for damages shall be ruled out. Excluded from the said shall be damage caused by loss of life, bodily injury or damage to the health, if the hotel is responsible for the breach of an obligation, other damage which is caused by intentional or grossly negligent breach of obligation of the hotel and damage which is caused by intentional or grossly negligent breach of contract-typical obligations of the hotel. A breach of obligation of the hotel shall be equivalent to that of a legal representative or vicarious agent. If disruptions or defects in the services of the hotel should arise, the hotel will try to seek remedy in case of knowledge or immediate complaint of the customer. The customer shall be obligated to contribute to a reasonable degree to remedy the failure or to minimise the damage.
(2) For objects brought in, the hotel shall be liable to the customer under statutory provisions, i.e. up to hundred times of the hotel price or EUR 3,500.00 maximum as well as for money, securities and valuables up to EUR 800. Money, securities and valuables up to a maximum value of EUR 15,000.00 may be stored in the hotel or room safe. The hotel recommends to make use of this possibility. The liability claims shall expire, if the customer after learning of the loss, destruction or damage does not notify the hotel immediately (Section (703) of the German Civil Code). For any further liability of the hotel, the number (1), sentences (2) to (4) shall apply correspondingly.
(3) If the customer is provided with a parking space in the hotel garage or on the hotel car part, even against payment, no custody agreement shall be concluded. In case of loss or damage of the vehicles parked or manoeuvred on the hotel property and their contents, the hotel shall not be held liable, unless for intent or gross negligence. Number (1), sentences (2) to (4) shall apply correspondingly.
(4) The hotel endeavours to carry out wake-up calls with the greatest of care. Messages, post and good consigments for the hands of the customer shall be handled with care. The hotel shall take care of storage, delivery and – against payment, if and when requested – forwarding. Number (1), sentences (2) to (4) shall apply correspondingly.
(8) Final provisions
(1) Modifications or amendments of the contract, acceptance of the application or these
general conditions and terms for hotel accommodation shall be made in writing. One-sided modifications or supplements by the customer shall be ineffective. (2) Place of performance and payment shall be the seat of the hotel. (3) Sole place of jurisdiction – also for draft and cheque disputes – in commercial transactions shall be the seat of the hotel. If the contractual partner meets the pre-requisites of Section (38), paragraph (2) of the German Code of Civil Procedure and if the said has no general place of jurisdiction in Germany, the place of jurisdiction shall be the seat of the hotel. (4) German law shall apply. The application of the UN Convention on Contracts and of Conflict of Laws shall be excluded. (5) If individual stipulations of these general conditions and terms for hotel accommodation shall be or become ineffective or invalid, the effectivness of the other stipulations shall not be affected. Otherwise the legal regulations shall apply.
April 2003 © Hotelverband Deutschland (IHA) e.V.