1.1 These General Terms and Conditions apply to contracts for the rental of conference, banquet, and event rooms of the hotel for conducting events such as banquets, seminars, conferences, exhibitions, presentations, etc., as well as all other services and deliveries provided by the hotel in connection with the customer.
1.2 The subletting or further rental of the provided rooms, spaces, or display cases, as well as the invitation to interviews, sales, or similar events, require the prior written consent of the hotel in text form, with §540 Para. 1 Sentence 2 BGB being waived, to the extent that the customer is not a consumer.
1.3 The customer's general terms and conditions apply only if they have been expressly agreed upon in writing beforehand.
2.1 The parties to the contract are the hotel and the customer. The contract is concluded when the hotel accepts the customer's request. The hotel may confirm the booking of the event in text form.
2.2 The hotel is liable for damages caused by it due to the violation of life, body, or health. Furthermore, it is liable for other damages resulting from intentional or grossly negligent breaches of duty by the hotel or from intentional or negligent breaches of typical contractual obligations by the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages, unless otherwise regulated in Clause 9, are excluded. Should disruptions or defects occur in the services of the hotel, the hotel will endeavor to remedy the situation upon becoming aware of it or upon immediate complaint by the customer. The customer is obliged to contribute to what is reasonable to remedy the disruption and to minimize possible damage. In addition, the customer is obliged to notify the hotel promptly of the possibility of extraordinary high damage.
2.3 All claims against the hotel generally become statute-barred in one year from the statutory commencement of the limitation period. This does not apply to damage claims and other claims, provided that the latter are based on an intentional or grossly negligent breach of duty by the hotel.
3.1 The hotel is obliged to provide the services ordered by the customer and agreed to by the hotel.
3.2 The customer is obliged to pay the prices agreed upon for these and other services used, as well as the applicable prices for the hotel's services. This also applies to services and disbursements of the hotel to third parties, which are ordered directly by the customer or through the hotel, especially in case of claims by copyright collecting societies.
3.3 The agreed prices include the taxes applicable at the time of the contract. If there is a change in the statutory value-added tax or the introduction, modification, or abolition of local taxes on the object of performance after the contract has been concluded, the prices will be adjusted accordingly. This only applies if the period between the conclusion of the contract and the fulfillment of the contract exceeds four months. Due to the current situation, we reserve the right to make price adjustments.
3.4 Invoices from the hotel without a due date are payable immediately and without deduction upon receipt of the invoice. The hotel is entitled to demand immediate payment of due claims from the customer at any time. In the event of payment default, the statutory provisions shall apply. The hotel reserves the right to prove higher damages.
3.5 The hotel is entitled, upon conclusion of the contract, to request an appropriate advance payment or security deposit from the customer, such as a credit card guarantee. The amount of the advance payment and the payment dates can be agreed upon in writing in the contract. In the event of customer default, the legal regulations apply.
3.6 In justified cases, such as payment arrears by the customer or an expansion of the scope of the contract, the hotel is entitled to demand an advance payment or security deposit as per Section 3.5 or an increase of the agreed advance payment or security deposit up to the full agreed remuneration until the beginning of the event.
3.7 The customer can only offset or set off against an undisputed or legally established claim of the hotel.
3.8 Personnel cost lump sum from 00.00 hours (basis of calculation is the agreed number of participants):
- For events up to 20 persons: €65 per hour
- For events up to 45 persons: €130 per hour
- For events with 46 or more persons: €165 per hour
- For events with 70 or more persons: €185 per hour
4.1 A customer's cancellation of the contract with the hotel is only possible if a right of cancellation has been expressly agreed upon in the contract, another statutory right of cancellation exists, or if the hotel expressly agrees to the contract's termination. The agreement on the right of cancellation and any approval for contract termination should be made in writing.
4.2 If a deadline for free cancellation of the contract with the hotel has been agreed upon between the hotel and the customer, the customer can cancel the contract without triggering any payment or damages claims from the hotel up until the agreed date. The customer's right to cancel lapses if the customer does not exercise their right to cancel with the hotel by the agreed date.
4.3 If a right of cancellation has not been agreed upon or has already lapsed, there is no statutory right of cancellation or termination. If the hotel does not agree to a contract termination, the hotel retains the right to the agreed remuneration despite non-utilization of the service. The hotel must credit the income from other rentals of the rooms, as well as the saved expenses. The saved expenses can be calculated based on Sections
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 demanded. The hotel is also free to prove that a higher claim has arisen.
4.4 If the customer cancels a banquet event (e.g., wedding, birthday party, or similar celebrations), in addition to the room rental fee for the booked event room, the previously agreed upon food and beverage revenue (if an offer is already available) will be invoiced as follows upon cancellation of the event:
-Cancellation later than 90 days before the event: 50%
- Cancellation later than 30 days before the event: 70%
- Cancellation later than 14 days before the event: 85%
- Cancellation on the day of the event: 100%
Booked rooms will be charged according to the cancellation conditions as follows:
- Up to 8 weeks before the start: no costs
- Up to 6 weeks before the start of the event: 60% of the booked services, thereafter 85% of the booked services. If the date is resold with an equivalent event, the cancellation fee is waived.
4.5 If the customer cancels a conference, in addition to the room rental fee for the booked event room, the previously agreed upon food and beverage revenue (if an offer is already available) will be invoiced as follows upon cancellation of the event:
- Up to 8 weeks before the date: no costs
- Up to 6 weeks before the date: 60% for the booked services
- Up to 2 weeks before the date: 80% for the booked services.
5.1 If it has been agreed that the customer can cancel the contract free of charge within a certain period, the hotel is also entitled to withdraw from the contract during this period if there are inquiries from other customers for the contractually booked event rooms, and the customer does not waive their right to cancel upon inquiry by the hotel with a reasonable deadline.
5.2 If an advance payment or security deposit as stipulated in Section 3.5 and/or Section 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 withdraw from the contract for a justified reason, particularly if:
- Force majeure or other circumstances beyond the control of the hotel make it impossible to fulfill the contract;
- Events or rooms have been booked using misleading or false information or by concealing essential facts; essential in this context may be the customer's identity, their ability to pay, or the purpose of their stay;
essential in this context may be the customer's identity, their ability to pay, or the purpose of their stay;
- The hotel has reasonable cause to believe that the event may jeopardize the smooth operation of the hotel's business, the safety, or the hotel's public reputation, without this being attributable to the hotel's sphere of control or organization;
- The purpose or the cause of the event is unlawful;
- A violation of Section 1.2 is present.
The justified withdrawal by the hotel does not give the customer any claim to damages.
6.1 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 approval of the hotel, which should be provided in written form. The actual number of participants will be used for billing, but it will be at least 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 price by the documented additional saved expenses due to the lower number of participants.
6.2 A reduction in the number of participants by more than 5% 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 used for billing, but it will be at least 95% of the ultimately agreed number of participants. Clause 6.1 sentence 3 applies accordingly.
6.3 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 rental, unless this is unreasonable for the customer.
6.4 If the agreed start or end times of the event are changed, and the hotel agrees to these deviations, the hotel may charge the additional provision of services appropriately, unless the hotel is at fault.
In general, the customer is not allowed to bring in food and beverages for events. Exceptions require an agreement with the hotel. In these cases, a contribution to cover overhead costs will be charged.
8.1 If the hotel procures technical and other equipment from third parties for the customer at the customer's request, it does so in the name, on behalf, and for the account of the customer. The customer is liable for the proper handling and the proper return of these items. The customer indemnifies the hotel from all claims by third parties arising from the provision of this equipment.
8.2 The use of the customer's electrical equipment using the hotel's power supply requires the hotel's consent. Disturbances or damage to the hotel's technical facilities caused by the use of these devices are the customer's responsibility, unless the hotel is at fault. The hotel may charge and calculate the electricity costs incurred by using these devices on a flat-rate basis.
8.3 With the consent of the hotel, the customer is entitled to use their own telephone, fax, and data transmission equipment. The hotel may charge a connection fee for this.
8.4 If suitable equipment of the hotel remains unused due to the connection of the customer's own equipment, compensation for the loss may be charged.
8.5 Disruptions to technical or other facilities provided by the hotel will be rectified as soon as possible. Payments cannot be withheld or reduced, provided that the hotel is not responsible for these disruptions.
9.1 Exhibits or other personal items brought in are at the customer's risk in the event rooms or in the hotel. The hotel assumes no liability for loss, destruction, or damage, including financial losses, except in cases of gross negligence or intent on the part of the hotel. This limitation of liability does not apply to damages resulting from injury to life, body, or health. Furthermore, cases in which safekeeping represents a typical contractual duty due to the circumstances of the individual case are excluded from this disclaimer of liability.
9.2 The decorative materials brought in must comply with fire safety requirements. The hotel is entitled to request an official certificate for this. If such certification is not provided, the hotel is entitled to remove the materials already brought in at the customer's expense. The placement and installation of objects must be coordinated with the hotel to avoid possible damage.
9.3 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 an appropriate usage fee for the duration of retaining the room.
10.1 If the customer is a business owner, they are liable for all damages to buildings or inventory caused by participants or visitors of the event, employees, other third parties from their area, or themselves.
10.2 The hotel may request the customer to provide an appropriate security deposit, such as a credit card guarantee.
11.1 Changes and additions to the contract, the acceptance of an offer, or these General Terms and Conditions should be made in writing. Unilateral changes or additions by the customer are ineffective.
11.2 The place of performance and payment, as well as the exclusive place of jurisdiction – also for check and bill disputes – is Oberheimbach in commercial transactions. If a contracting party meets the requirements of Section 38 Paragraph 2 ZPO [German Code of Civil Procedure] and has no general place of jurisdiction in the country, Oberheimbach is deemed the place of jurisdiction.
11.3 German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and conflict of laws is excluded.
11.4 If individual provisions of these General Terms and Conditions for Events are or become ineffective or void, this does not affect the effectiveness of the remaining provisions. In all other respects, the statutory provisions apply.
Source: © Hotel Association Germany (IHA) e.V.
