General Terms and Conditions for Events

I. Applicability

  • These Terms and Conditions govern contracts for the rental of the hotel´s conference, banquet, and convention rooms for events such as banquets, seminars, conferences, etc., as well as all other associated services and goods provided by the hotel.
  • The hotel´s prior written consent is required if the rooms, areas, or display cases are to be rented or sublet to a third party, or if invitations are issued for introductory interviews, sales promotions, or similar events.
  • The event organizer´s terms and conditions apply only if this is expressly agreed in writing.

II. Conclusion of contract; parties; liability

  • The contract is made by force of the hotel`s application acceptance (confirmation) to the event organizer. They are the parties to the contract.
  • If the customer/borderer is not the event organizer, or if a commercial agent or organizer is being used by the event organizer, then these parties are liable together with the event organizer as joint and several debtors for all obligations originating in the contract.
  • The hotel is liable for its obligations originating in the contract. Its liability is limited to defects of performance attributable to intent or gross negligence on the part of the hotel, except in the area typical for the performance. In addition, the event organizer is obligated to notify the hotel in due time if there is a possibility extraordinarily extensive damage may be incurred.

III. Services, prices, payment

  • The hotel is obligated to render the services ordered by the event organizer and agreed by the hotel.
  • The event organizer is obligated to pay the hotel´s prices agreed for such services. This also applies to services and expenses of the hotel to third parties incurred in connection with the event.
  • Value-added tax as required by law is included in the agreed prices. If the period between conclusion of the contract and the event exceeds four months and if the price generally charged by the hotel for such services increases, then the agreed price may be raised to a reasonable degree not to exceed ten percent.
  • Invoices from the hotel not stating a due date are due and payable in full within ten days of receipt. In case of delayed payment the hotel is entitled to charge interest at a rate of 6 points over the current basic rate according to § 1 Diskontsatz-Überleitungs-Gesetz or the equivalent interest rate of the European Central Bank. The event organizer and the hotel reserve the right to prove lower or higher actual damages, respectively.
  • The hotel is entitled to require a reasonable advance payment at any time. The amount and date of the advance payment may be agreed in writing in the contract.

IV. Rescission by the hotel

  • If the advance payment is not made even after a reasonable grace period set by the hotel has expired with warning of rejection having been given, then the hotels entitled to rescind the contract.
  • Furthermore the hotel is entitled to rescind the contract for justifiable cause, examples being:
  • 1. If acts of God or other circumstances beyond the hotel´s control render fulfillment of the contract impossible;
  • 2. If events are booked using misleading or false representation of major facts such as the event organizer or purpose;
  • 3. If the hotel has good reason to assume that the event might jeopardize the hotel´s smooth operations security or public reputation without these being attributable to the hotel´s sphere of dominion or organization;
  • 4. If there is an infringement of item Applicability (2) above
  • The hotel must inform the event organizer without delay that it is exercising its right of rescission.
  • The event organizer does not derive any right to compensatory damages from the hotel, except in cases of intentional or grossly negligent behavior on the part of the hotel.

V. Rescission by the event organizer (cancellation)

  • Free cancellationis possible untilfour weeks beforearrival.
  • Between the4th and1week prior to arrivalwe will chargeforcancellation70% of the lost overallarrangements.
  • For latercancellation,100% of the lost overallarrangementswill be charged.This also appliesin case of latearrival or earlydeparture.

VI. Changes in number of participants and time of event

  • If the number of participants changes by more than five percent, the banquet department must be informed at least five business days before the start of the event. Such change must be approved by the hotel.
  • A drop in the number of participants of no more than five percent will be acknowledged by the hotel in its charges. For changes exceeding this amount, the originally stated number of participants minus five percent will be used.
  • If there is an upward change, charges will reflect the actual number of participants.
  • If the number of participants changes by more than ten percent, the hotel is entitled to reset the agreed prices and to exchange the confirmed room reservations unless this is unacceptable to the event organizer.
  • If the event´s agreed starting or ending times change without the hotel´s prior written consent, the hotel may charge for the added cost of stand-by service, unless the hotel bears blame.

VII. Bringing food and beverages

  • The event organizer may not bring food or beverages to the events. Exceptions must be agreed in writing with the banquet department. In such cases a charge will be made to cover overhead expenses.

VIII. Technical facilitiesandconnections

  • To the extent the hotel obtains technical and other facilities or equipment from third parties for the event organizer at the event organizer´s request, it does so on behalf, by authority, and on the account of the event organizer. The event organizer is responsible for the careful handling and proper return of the equipment. The event organizer releases the hotel from all third-party claims arising from the provision of the facilities or equipment.
  • Written consent is required for using the event organizer´s electrical systems on the hotel´s electrical circuit. The event organizer is liable for malfunctions of or damage to the hotel´s technical facilities caused by using such equipment, to the extent the hotel is not at fault. The hotel may charge a flat fee for electricity costs incurred through such usage.
  • The event organizer is entitled to use own telephone, telefax, and data transfer equipment with the hotel`s consent. The hotel may charge a connection fee.
  • If suitable equipment of the hotel`s goes unused because the event organizer´s own equipment is connected, a charge may be made for lost revenue.
  • Malfunctions of technical or other equipment provided by the hotel will be remedied immediately whenever possible. To the extent the hotel was not responsible for such malfunctions, payment may not be withheld or reduced.

IX. Loss of or damage to property brought in

  • Objects for exhibit or other items including personal property brought into the event rooms/hotel are there at the risk of the event organizer. The hotel assumes no liability for loss. Destruction, or damage to or damage to or of such objects, excepting cases of gross negligence or intent on the part of the hotel.
  • Decorations brought in must conform to the fire code. The hotel is entitled to require official evidence thereof. Due to the possibility of damage, the hotel must be asked before objects are assembled or installed.
  • Objects for exhibit and other items must be removed immediately following the end of the event if the event organizer falls to do so, the hotel may remove and store them at the event organizer´s expense. If the objects remain in the room used for the period they remain there, the event organizer and the hotel reserve the right to prove lower or higher actual damages, respectively.

X. Event organizer´s liability for damage

  • The event organizer is liable for all damage to building or furnishing caused by participants in or visitors to the event, employees, other third parties associated with the event organizer, and the event organizer him- or herself
  • The hotel may require the event organizer to provide reasonable security (e.g., insurance, security deposits, sureties).

XI. Final provisions

  • Changes or supplements to the contract the application acceptance, or these Terms and Conditions for Events should be made in writing. Unilateral changes and supplements by the event organizer are invalid.
  • Place of performance and payment is the location of the hotel´s registered office.
  • In the event of litigation the courts at the location of the hotel´s registered office have exclusive jurisdiction for commercial transactions, including disputes regarding checks and bills of exchange. To the extent a party fulfills the requirement of the German Code of Civil Procedure, section 38, subsection 1, and does not maintain a general domestic venue, the courts at the location of the hotel´s registered office have exclusive jurisdiction.
  • The contact is governed by and construed in accordance with German law
  • Should individual provisions of these General Terms and Conditions for Events be invalid or void, the validity of the remaining provisions remains unaffected thereby. Moreover, the statutory provisions apply.
 
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