Standard Terms and Conditions for hotel accommodation and for events.
1. These Terms and Conditions apply to all services and deliveries of Fleesensee Schlosshotel GmbH (hereinafter referred to as “the Hotel”). 2. Should the Hotel amend its General Terms and Conditions before the contract ends, the amended version shall be deemed to be incorporated into the contract provided the contractual partner has been notified thereof in writing with reference to these legal consequences and the contractual partner does not object to the incorporation within a period of 14 days. 3. The Customer's general terms and conditions shall only become part of the contract if the Hotel agrees in writing to the involvement of all or individually listed provisions thereof.
II. Conclusion of the contract
1. The contract (hereinafter also referred to as "the Booking") comes into existence after the Hotel has accepted the Customer's request. The Hotel is free to confirm the Booking in writing. 2. If a third party books on behalf of the Customer, the third party shall be liable to the Hotel as the orderer together with the Customer as joint and several debtors.
III. Services, prices, payment, set-off
1. The Hotel is obliged to provide the services ordered by the Customer and promised by the Hotel. 2. The Customer is obliged to pay the Hotel’s prices agreed for these and any further services used. This shall also apply to any services and expenses ordered and incurred by the Customer and payable by the Hotel to third parties. 3. If the Hotel withdraws from the contract on justified grounds, no entitlement to compensation is due to the Customer. 4. The agreed prices include the respective statutory value added tax (VAT). Should the statutory VAT rate applicable to the contractual services increase or decrease after the contract has been concluded, the Hotel may adjust the prices accordingly.
5. If the period between the conclusion and the fulfillment of the contract exceeds four months according to the covenants hereunder and if the price generally charged by the Hotel for such services increases, the Hotel may increase the contractually agreed price adequately, but by no more than 5%.
6. The Hotel is entitled to increase the prices if municipal levies (such as cultural promotion charges, tourist taxes, etc.) are levied on the accommodation. The price increase is limited to the cost of the levies indicated above. 7. The Hotel's invoices are - unless other payment terms have been expressly agreed - due for payment immediately upon receipt of the invoice, without any deductions. The Hotel is entitled to demand immediate payment of accruals receivable at any time. In the event of late payment, the Hotel shall be entitled to charge interest on arrears at a rate of 10% above the prime rate for companies and 5% above the prime rate for consumers. The Hotel reserves the right to prove larger loss. 8. The subletting and reletting of provided rooms, other rooms, areas or showcases as well as the invitation to job interviews, sales or similar events require the prior written consent of the Hotel, whereby Section 540 Paragraph 1 Sentence 2 of the German Civil Code (BGB) is waived unless as the Customer is a consumer. 9. The Hotel is entitled to demand a reasonable advance payment or security deposit in the form of a credit card guarantee or similar from the Customer upon conclusion of the contract. If an advance payment is not made within the agreed period, the Hotel may withdraw from the contract and demand compensation.
10. In justified cases (e.g. payment arrears on the part of the Customer or expansion of the scope of the contract), the Hotel is entitled to demand an increase in the advance payment agreed in the contract or an increased security deposit in the amount of the expected accommodation costs. 11. The Hotel is also entitled to demand a reasonable advance payment or a security deposit from the Customer at the beginning and during the stay, unless such deposit has already been provided in accordance with the above provisions. 12. The Customer may only offset or reduce a claim of the Hotel with an undisputed or legally enforceable claim.
IV. Provision, handover and return of rooms
1. The Customer does not acquire the right to use specific rooms, unless the Hotel has confirmed the provision of a specific room in writing. 2. Booked rooms are available to the Customer from 03:00 p.m. on the day of arrival. The Customer has no right to earlier provision of the room. Subject to availability, guests arriving before 03:00 p.m. may check into their rooms as early as possible. 3. The Customer shall move in the rooms provided by 06:00 p.m. on the day of arrival. After this point in time, the Hotel may rent them out to other parties, unless the Customer has previously notified the Hotel in writing that he/she will arrive later. The Hotel is entitled to demand a guarantee for late arrivals. 4. On the agreed day of departure, the rooms must be vacated and made available to the Hotel by 12:00 a.m. at the latest. Thereafter, the Hotel may charge 50% of the agreed room rate for the additional use of the room until 6:00 p.m., and 100% after 6:00 p.m. The Hotel reserves the right to claim for further damages.
V. Withdrawal from the accommodation contract by the Customer (counter-order, cancellation)
1. The Customer may only withdraw from the accommodation contract with the prior written consent of the Hotel. Without such consent by the Hotel, the Customer is obliged to pay 90% of the contractually agreed price for each booked overnight stay if the latter does not move in the rooms, unless the Hotel could rent the rooms concerned out to other parties. The Customer is free to prove that the claim mentioned above did not arise or did not arise in the amount claimed. The Customer does no longer have the right to use a room booked for more than one day if he/she does not arrive on the first day of the Booking without consulting the Hotel. In such case, the Hotel is entitled and obliged to rent the room out to another party for the remaining period, if possible. 2. If the Hotel and the Customer have agreed on a date by which withdrawal from the contract is free of charge, the Customer may withdraw from the contract until then with no claims for payment or for damages arising in favour of the Hotel. The Customer's right of withdrawal expires if he/she does not exercise his/her right of withdrawal vis-à-vis the Hotel by the agreed date. 3. The Customer must pay all third party services or special services (e.g. cakes, flowers, etc.) that become useless as a result of the cancellation.
VI. Withdrawal from the event contract by the Customer (counter-order, cancellation)
1. The Customer may withdraw from the contract free of charge if this has been agreed in writing with the Hotel. Otherwise, in the event of a cancellation, the Hotel shall be entitled to charge the agreed room rental plus provision costs for the event rooms in accordance with the following regulations, unless the Hotel could rent the rooms out to another party. 2. The Hotel is authorized to charge - 50% for any withdrawal communicated 6 months or more before the start of the event, - 80% for any withdrawal communicated 3 months or more before the start of the event, - 90 % for any withdrawal 14 days or more before the start of the event, of the room rental or the conference flat rate. 3. If food and beverage sales have been agreed, the Hotel is entitled to charge the following additional costs in case of a cancellation: 4. If the Customer cancels the booking of an event with agreed food and beverages between the 8th and the 4th week before the event date, the Hotel is entitled to charge 35% of the lost food sales and 20% of the beverage sales, from the 4th week 80% until the event start of the food and beverage sales. The amount for food and beverages is calculated in line with the number of participants contracted. If no amount has yet been contractually agreed for food and beverages, the lump sum shall be based on the lowest-priced 3-course menu of the respectively valid event offer. The food sales are then calculated applying the formula: Menu price of banquet x number of persons. The beverage sales amounts to 50% of the food sales. 5. The Customer is free to prove that the Hotel does not suffer any losses from the non-performance or that the losses suffered by the Hotel are lower than the claimed liquidated damages. 6. The Customer must pay all third party services or special services (e.g. cakes, flowers, etc.) that become useless as a result of the cancellation.
VII. Withdrawal from the combined accommodation and event contract by the Customer (counter-order, cancellation)
1. The Customer may only withdraw from the combined accommodation and event contract with the prior written consent of the Hotel. Without such consent by the Hotel, the Customer is obliged to pay 90% of the contractually agreed price, unless the Hotel could rent the rooms concerned out to other parties. The Customer is free to prove that the claim mentioned above has not arisen or has not arisen in the amount claimed. 2. If the Hotel and the Customer have agreed on a date by which withdrawal from the contract is free of charge, the Customer may withdraw from the contract until then with no claims for payment or for damages arising in favour of the Hotel. The Customer's right of withdrawal expires if he/she does not exercise his/her right of withdrawal vis-à-vis the Hotel by the agreed date. 3. The Customer must pay all third party services or special services (e.g. cakes, flowers, etc.) that become useless as a result of the cancellation.
1. The Hotel undertakes to pay the contractually agreed commissions for rooms used and for events held when brokering room allotments, events and other services. With regard to the cancellation fees according to these Sections V. and VI., claims for commission are excluded.
IX. Withdrawal by the Hotel
1. Both the Customer and the Hotel may withdraw from the contract within a certain period of time, if such free-of-charge right to withdraw within a certain period of time has been agreed in favour of the Customer. 2. Should the Customer fail to effect an agreed advance payment or an advance payment requested on the basis of these General Terms and Conditions, the Hotel is entitled to withdraw from the contract. In addition, the Hotel may assert claims for damages against the Customer. 3. The Hotel is entitled to withdraw from the contract with immediate effect, if - fulfillment of the contract is impossible due to e.g. force majeure and other circumstances beyond the control of the Hotel; - rooms and spaces are culpably booked by furnishing misleading or false facts essential to the contract, e.g. the person of the Customer or the purpose of his/her stay; - the Hotel has reasonable grounds to believe that the use of the Hotel service may jeopardize the smooth operation of the business, the security or the reputation of the Hotel in public, without this being attributable to the Hotel's sphere of control or organization; - the purpose or reason for the stay is unlawful; - rooms are subletted or rented out to other parties in violation of Section 3. 7. of these General Terms and Conditions; - the Hotel is shut down; - the proper accommodation and/or the proper holding of an event is not guaranteed due to the reconstruction of the Hotel; - the Customer withdraws from a component of the contract in the case of a combined accommodation and event contract; - the Customer has filed for insolvency; - insolvency or settlement proceedings are instituted against the Customer's assets or such proceedings are dismissed for a lack of assets.
X. Number of participants, changes in the number of participants, changes in the time of the event and changes in the location of the event
1. The notification about a change in the number of participants registered by the Customer by more than 5% must be received in writing by the Hotel's banquet department at least 7 days before the start of the event in order to be taken into account in the billing by the Hotel. If the number of participants changes by more than 5%, the originally reported number of participants less 5% will be used as a basis. 2. An increase in the number of participants by more than 5% requires the written consent of the Hotel. In the event of an increase, billing will be based on the actual number of participants. 3. If the number of participants changes by more than 10%, the Hotel is entitled to exchange the agreed rooms, provided that the size of the new rooms is appropriate for the last notified number of participants and the rooms are comparably equipped. 4. If necessary, the Hotel is entitled to relocate the booked event to another room of equal value. 5. If the agreed start or end times of the event are postponed without the prior written consent of the Hotel, the Hotel may charge additional costs for the readiness to perform pursuant to Section 315 of the German Civil Code (BGB), unless the Hotel is at fault for the postponement of the times. 6. In case of postponement after midnight, the Hotel is entitled to charge € 1.50 per guest per hour including VAT. The agreed number of participants is taken as the basis for the number of guests. 7. No exhibitions in the foyer and in the lobby are allowed. Advertising material may only be displayed with the prior written consent of the Hotel.
XI. Bringing food and beverages
1. Food and beverages for events are provided exclusively by the Hotel. Exceptions require the prior written agreement. In these cases, an amount is charged to cover overhead costs ("corkage fee"). 2. The Customer is fully responsible and liable for the health safety of the food and beverages brought along and shall indemnify the Hotel in this respect against any claims by third parties. 3. The Hotel assumes no liability for the shelf life of food taken outside the Hotel or provided by the Hotel for self-consumption after an event day.
XII. Technical equipment and connections
1. If the Hotel procures technical and other equipment from third parties for the Customer at the Customer's instigation, it shall act in the name of, on the authority of and for the account of the Customer. The Customer is liable for careful handling and proper return. He/she shall indemnify the Hotel against all claims of third parties arising from the provision of this equipment. 2. The use of the organizer's own electrical equipment or that of third parties commissioned by the organizer using the Hotel's electrical network requires the Hotel's prior written consent. Any malfunctions or damage to the Hotel's technical equipment caused by the use of this equipment shall be borne by the organizer, unless the Hotel is responsible for such malfunctions or damage. The Hotel may record and charge for the electricity costs incurred by the use in the form of a lump sum. 3. The Customer shall only be entitled to use his/her own telephone, fax and data transmission equipment with the Hotel's consent. The Hotel may charge a connection fee for this. 4. Faults in the technical or other equipment provided by the Hotel will be rectified immediately if possible. Payments cannot be withheld or reduced if the Hotel is not responsible for these disruptions. 5. If the technical equipment of the Hotel is not used because the Customer has commissioned an external technical company, the Hotel shall be entitled to demand an outage fee.
XIII. Musical performances, artist appearances
1. If third party rights (copyrights, etc.) are affected during events, the Customer is obligated to obtain the appropriate permits at his/her own expense before the event is held and to pay any fees incurred (GEMA fees, etc.) directly. Should fees or claims for damages nevertheless be asserted against the Hotel for the aforementioned reasons, the organizer shall indemnify the Hotel against such fees or claims for damages. 2. If the participation of artists in events gives rise to an obligation to pay contributions to Künstlersozialkasse, the organizer is obliged to pay these contributions directly. 3. In the event that the Hotel engages artists for the Customer's events, the Hotel is entitled to pass on the contributions to Künstlersozialkasse to the Customer.
XIV. Decoration materials, exhibits for events
1. Decoration materials, exhibits or other items, including personal items of the Customer who is not admitted to the Hotel as a guest himself, are located in the event rooms or in the Hotel at the Customer's risk. The Hotel assumes no liability for loss, destruction or damage to such items, except in cases of gross negligence or intent on the part of the Hotel. Any damage resulting from injury to life, body or health is excluded from the exclusion of liability. Furthermore, all cases are excluded in which, due to the circumstances of the individual case, custody of such items represents an obligation the fulfillment of which makes the proper execution of the contract possible in the first place and the observance of which the Customer may regularly rely on (essential contractual obligation). 2. Decoration materials carried on the premises must comply with the requirements of the fire department. The Hotel is entitled to demand official proof of this. If the Customer does not comply with this request of the Hotel, the Hotel is entitled to remove and store the decoration materials at the expense of the Customer. Due to the possibility of damage, the installation and attachment of objects to walls and ceilings are permitted only with the prior written consent of the Hotel. 3. All exhibits or other objects brought to the event by the Customer or participants must be removed by the Customer immediately after the end of the event. If the Customer does not immediately fulfill his obligation to dispose of the goods, the Hotel is entitled to remove and store them at the Customer's expense. If items remain in the event room, the Hotel may charge the agreed room rent for as long as they remain in the event room. The Customer is free to prove a lower, the Hotel a higher damage. 4. The Customer shall ensure that any waste is properly disposed of in accordance with the relevant statutory provisions. 5. If the Customer commissions the Hotel to dispose of packaging material, the Hotel is entitled to charge to the Customer the costs incurred as a result.
XV. Liability of the Customer
1. The organizer is liable for all damage to the building of the Hotel and its equipment and furniture caused by the organizer, participants and/or visitors of the event, employees of the organizer or any other third parties attributable to the organizer. The Hotel may require the organizer to provide reasonable security deposits (e.g. insurance, deposits, guarantees, etc.) to cover the liability risk.
XVI. Defects, Customer's duty to cooperate
1. If the Customer becomes aware of any defects in the deliveries or services rendered by the Hotel or of any default in performance, the Customer must notify the Hotel thereof immediately after discovery so that the Hotel has the opportunity to remedy the defects as quickly as possible or to establish the contractual conformity of the deliveries and services. If this is not possible due to the nature of the defect/disruption or for other compelling reasons, notices of defects must in any case be given to the Hotel no later than when the rooms are returned. The Customer is obliged to keep any damage incurred to him/her as low as possible.
XVII. Liability of the Hotel
1. The Hotel is liable for its obligations under the contract with the diligence of a prudent businessman. Any claims of the Customer for damages are excluded. This does not apply to damage resulting from injury to life, body or health. Furthermore, the exclusion of liability does not apply to other damage that is based on an intentional or grossly negligent breach of duty by the Hotel. The exclusion of liability does not apply to damage based on the violation of essential contractual obligations, either. Essential contractual obligation are all contractual obligations, the fulfillment of which enable the proper execution of the contract in the first place and on the compliance of which the Customer may regularly rely. Furthermore, the mandatory liability under the Product Liability Act and the liability arising from any guarantee assumed by the Hotel shall remain unaffected. A breach of duty by the Hotel’s legal representative or vicarious agent shall be deemed to be equivalent to a breach of duty by the Hotel. 2. The Hotel is liable to the Customer for items brought into the Hotel in accordance with the statutory provisions (Sections 701 et seq. BGB). 3. No custody agreement comes into existence when a parking space is made available to the Customer in the Hotel garage or on a Hotel parking lot. 4. Claims of the Customer against the Hotel are subject to a limitation period of one year from the date of knowledge of the circumstances giving rise to such claim. Claims for damages shall become time-barred within 5 years irrespective of knowledge. This shortening of the limitation period shall not apply in the event of culpable injury to life or limb or in the event of liability under the Product Liability Act.
XVIII. Final provisions
1. Any changes or supplements to the accommodation and event contract require the written form in order to become effective. The written form requirement can also only be waived in writing. 2. The place of performance and payment is the registered office of the Hotel. 3. The place of jurisdiction is exclusively the registered office of the Hotel for commercial transactions. If a contracting party fulfills the requirements of Section 38 (2) of the German Code of Civil Procedure (ZPO) and does not have a general place of jurisdiction within Germany, the place of jurisdiction shall be the registered office of the Hotel. 4. Exclusively German law is applicable to this contract. Application of the UN Convention on Contracts for the International Sale of Goods and conflict of laws is excluded. 5. Should individual provisions of the accommodation or event contract or individual provisions of these General Terms and Conditions for Hotel Accommodation and for the Organization of Events be or become invalid, the remaining provisions shall nevertheless remain effective. To the rest, the statutory regulations shall apply.