GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMODATION CONTRACT

1 SCOPE OF APPLICATION
1.1 These terms and conditions shall apply to contracts for the rental of hotel rooms for accommodation as well as all other services and deliveries provided by the hotel to the customer in this context (hotel accommodation contract). The term “hotel accommodation agreement” includes and replaces the following terms: Accommodation, guest accommodation, hotel, hotel room contract.

1.2 The subletting or re-letting of the rooms provided as well as their use for purposes other than accommodation require the prior written consent of the hotel, whereby § 540 Paragraph 1 Sentence 2 BGB is waived, as far as the customer is not a consumer.

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

2 CONTRACT CONCLUSION, CONTRACTING PARTY, STATUTE OF LIMITATIONS
2.1 The contractual partners are the hotel and the customer. The contract shall come into effect upon the hotel’s acceptance of the customer’s application. The hotel is at liberty to confirm the room reservation in text form.

2.2 All claims against the hotel shall become statute-barred one year after the start of the statutory limitation period. This shall not apply to claims for damages and other claims if the latter are based on an intentional or grossly negligent violation of duty by the hotel.

3 SERVICES, PRICES, PAYMENT, OFFSETTING
3.1 The hotel is obliged to keep the rooms that were booked by the customer available and to provide the agreed services.

3.2 The customer shall be obliged to pay the hotel’s agreed or applicable prices for the provision of rooms and other services used by him. This shall also apply to services commissioned directly by the customer or via the hotel, which are provided by third parties and paid for by the hotel.

3.3 The agreed prices include the taxes and local levies applicable at the time of conclusion of the contract. Not included are local taxes which are owed by the guest himself according to the respective municipal law, such as visitor’s tax. In the event of a change in the statutory value-added tax or the introduction, change or abolition of local taxes on the object of performance after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this shall only apply if the period between conclusion of the contract and fulfilment of the contract exceeds four months.

3.4 The hotel may make its consent to a subsequent reduction in the number of rooms booked, the hotel’s services or the duration of the customer’s stay as requested by the customer dependent on the price for the rooms and/or for the hotel’s other services increasing.

3.5 Invoices issued by the hotel without a due date shall be payable without deduction within ten days of receipt of the invoice. The hotel may demand immediate payment of due receivables from the customer at any time. If the customer is in default of payment, the statutory provisions shall apply. The hotel reserves the right to prove higher damages.

3.6 Upon conclusion of the contract, the hotel shall be entitled to demand an appropriate advance payment or security deposit from the customer, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed in writing in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions shall remain unaffected. In the event of default of payment by the customer, the statutory provisions shall apply.

3.7 In justified cases, e.g. payment arrears of the customer or extension of the scope of the contract, the hotel shall be entitled, even after conclusion of the contract up to the beginning of the stay, to demand an advance payment or security deposit as defined in section 3.6 above or to demand an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.

3.8 The hotel shall also be entitled, at the beginning and during the stay, to demand from the customer an appropriate advance payment or security deposit within the meaning of Section 3.6 above for existing and future claims arising from the contract, as far as such an payment has not already been made pursuant to Section 3.6 and/or Section 3.7 above.

3.9 The customer may only offset against a claim of the hotel with an undisputed or legally binding claim.

4 RESCISSION BY THE CUSTOMER (CANCELLATION / NON-USE OF THE SERVICES OF THE HOTEL (NO SHOW)
4.1 The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, if another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of rescission as well as any consent to a cancellation of the contract shall be made in text form in each case.

4.2 If a date for free withdrawal from the contract has been agreed between the hotel and the customer, the customer may withdraw from the contract until then without triggering any payment or compensation claims on the part of the hotel. The customer’s right of rescission shall lapse if he does not exercise his right of rescission towards the hotel by the agreed date.

4.3 If a right of rescission has not been agreed or has already expired, there is no statutory right of rescission or termination and if the hotel does not agree to the cancellation of the contract, the hotel shall retain the right to the agreed remuneration despite non-use of the service. The hotel shall set off the income from renting the rooms to another party as well as the saved expenses. If the rooms are not rented to another party, the hotel shall be entitled to a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for overnight accommodation with or without breakfast and for package arrangements with third-party services, 70% for half board and 60% for full board arrangements. The customer is free to prove that the aforementioned claim did not arise or did not arise in the required amount.

5 CANCELLATION OF THE HOTEL
5.1 If it has been agreed that the customer may withdraw from the contract free of charge within a certain period, the hotel shall be entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked rooms and the customer does not waive its right to withdraw from the contract upon the hotel’s request to do so within a reasonable period of time.

5.2 If an advance payment or security deposit agreed or demanded in accordance with 3.6 and/or 3.7 is not made even after a reasonable grace period set by the hotel has expired, the hotel shall also be entitled to withdraw from the contract.

5.3 Furthermore, the hotel shall be entitled to withdraw from the contract for objectively justified reasons, in particular if

• force majeure or other circumstances for which the hotel is not responsible make performance of the contract impossible;
• rooms or rooms are culpably booked with misleading or false statements or concealment of essential facts;
• the hotel has good reason to believe that the use of the service may endanger 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 organisation;
• the purpose or cause of the stay is unlawful;
• an infringement of the above-mentioned clause 1.2 is present.

5.4 The justified withdrawal of the Hotel shall not constitute a claim for damages on the part of the customer.

6 ROOM, PROVISION, HANDOVER AND RETURN
6.1 The customer does not acquire any claim to the provision of specific rooms, unless this has been expressly agreed.

6.2 Booked rooms are available to the customer from 15:00 on the agreed day of arrival. The customer is not entitled to earlier availability.

6.3 On the agreed departure day, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. Thereafter, the hotel may charge 50% of the full lodging price (list price) until 6:00 p.m. due to the delayed vacating of the room for its use beyond the scope of the contract, and 90% from 6:00 p.m. onwards. Contractual claims of the customer are not justified by this. The customer is at liberty to prove that the hotel has no or a substantially lower claim to usage fees.

7 LIABILITY OF THE HOTEL
7.1 The hotel shall be liable for damages resulting from injury to life, limb or health for which it is responsible. Furthermore, it shall be 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 contract-typical obligations by the hotel. A breach of duty on the part of the hotel shall be equivalent to a breach of duty on the part of a legal representative or vicarious agent. Further claims for damages shall be excluded unless otherwise provided for in this Clause 7. Should disruptions or defects occur in the hotel’s services, the hotel shall endeavour to remedy the situation if it becomes aware of such disruptions or defects or if the customer complains immediately. The customer shall be obliged to make all reasonable efforts to remedy the disruption and keep any possible damage to a minimum.

7.2 The hotel shall be liable to the customer in accordance with the statutory provisions for items brought into the hotel. The hotel recommends the use of the hotel safe or room safe. If the guest wishes to bring in money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this shall require a separate storage agreement with the hotel.

7.3 If a parking space is made available to the customer in the hotel garage or on the hotel parking lot, even against payment, this shall not constitute a safekeeping agreement. In the event of loss of or damage to motor vehicles parked or manoeuvred on the hotel premises and their contents, the hotel shall only be liable in accordance with the above Section 7.1, Sentences 1 to 4.

7.4 Wake-up orders shall be executed by the hotel with the greatest care. Messages, mail and consignments of goods for the guests shall be handled with care. The hotel shall be responsible for delivery, storage and – upon request – forwarding of the same for a fee. The hotel shall only be liable in this respect in accordance with the above Clause 7.1, Sentences 1 to 4.

8 FINAL PROVISIONS
8.1 Amendments and supplements to the contract, the acceptance of the application or these General Terms and Conditions shall be made in text form. Unilateral changes or additions by the customer are ineffective.

8.2 Ötisheim is the place of performance and payment as well as the exclusive place of jurisdiction – also for disputes over cheques and bills of exchange – in commercial transactions. If a contractual partner fulfils the requirements of § 38 paragraph 2 ZPO and has no general place of jurisdiction in Germany, Ötisheim shall be the place of jurisdiction.

8.3 German law shall apply. The application of the UN Convention on contracts for the international sale of goods and the conflict of laws provisions is excluded.

8.4 SShould individual provisions of these General Terms and Conditions 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.

GENERAL TERMS AND CONDITIONS FOR EVENTS

1 SCOPE OF APPLICATION
1.1 These Terms and Conditions shall apply to contracts for the rental of conference, banquet and event rooms of the hotel for the purpose of holding events such as banquets, seminars, conferences, exhibitions and presentations etc. as well as for all other services and deliveries of the hotel provided to the customer in this context.

1.2 The subletting or re-letting of the rooms, areas or showcases provided as well as invitations to interviews, sales or similar events require the prior written consent of the hotel, whereby § 540 para. 1 sentence 2 BGB (German Civil Code) is waived as far as the customer is not a consumer. 1.3 The customer’s general terms and conditions shall only apply if this has been expressly agreed in advance.

2 CONCLUSION OF CONTRACT, CONTRACT PARTNER, LIABILITY, STATUTE OF LIMITATIONS
2.1 The contractual partners are the hotel and the customer. The contract shall come into effect upon acceptance of the customer’s application by the hotel. The hotel is at liberty to confirm the booking of the event in text form.

2.2 The hotel shall be liable for damages for which it is responsible resulting from injury to life, body or health. Furthermore, it shall be 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 contract-typical obligations by the hotel. A breach of duty on the part of the hotel is equivalent to a breach of duty on the part of a legal representative or vicarious agent. Further claims for damages shall be excluded unless otherwise provided for in Clause 9. Should disruptions or defects occur in the hotel’s services, the hotel shall endeavour to remedy the situation if it becomes aware of such disruptions or defects or if the customer complains immediately. The customer shall be obliged to make all reasonable efforts to remedy the disruption and keep any possible damage to a minimum. Furthermore, the customer shall be obliged to inform the hotel in good time of the possibility of an extraordinarily high loss.

2.3 All claims against the hotel shall become statute-barred one year after the statutory commencement of the limitation period. This shall not apply to claims for damages and other claims if the latter are based on an intentional or grossly negligent breach of duty by the hotel.

3 SERVICES, PRICES, PAYMENT, OFFSETTING
3.1 The hotel is obliged to provide the services ordered by the customer and promised by the hotel.

3.2 The customer shall be obliged to pay the hotel’s agreed or applicable prices for these and other services used. This shall also apply to services commissioned directly by the customer or via the hotel, which are provided by third parties and disbursed by the hotel. In particular, this shall also apply to claims by copyright collecting societies.

3.3 The agreed prices include the taxes applicable at the time the contract is concluded. In the event of changes to the statutory value-added tax or the introduction, change or abolition of local taxes on the subject matter of the service after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this shall only apply if the period between conclusion of the contract and fulfilment of the contract exceeds four months.

3.4 Hotel invoices without a due date shall be payable without deduction within ten days of receipt of the invoice. The hotel may demand immediate payment of due receivables from the customer at any time. If the customer is in default of payment, the statutory provisions shall apply. The hotel reserves the right to prove higher damages.

3.5 Upon conclusion of the contract, the hotel shall be entitled to demand an appropriate advance payment or security deposit from the customer, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed in writing in the contract. In the event of default in payment by the customer, the statutory provisions shall apply.

3.6 In justified cases, e.g., payment arrears of the customer or extension of the scope of the contract, the hotel shall be entitled to demand an advance payment or security deposit within the meaning of section 3.5 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration, even after conclusion of the contract and up to the beginning of the event.

3.7 The customer may only set off an undisputed or legally binding claim against a claim of the hotel.

4 RECISSION BY THE CUSTOMER (CANCELLATION)
4.1 The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, if another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of rescission as well as any consent to a cancellation of the contract shall be made in text form in each case.

4.2 If a date for free withdrawal from the contract has been agreed between the hotel and the customer, the customer may withdraw from the contract until then without triggering any payment or compensation claims on the part of the hotel. The customer’s right of rescission shall lapse if he does not exercise his right of rescission towards the hotel by the agreed date.

4.3 If a right of rescission has not been agreed or has already expired, there shall be no statutory right of rescission or termination and if the hotel does not agree to rescind the contract, the hotel shall retain the right to the agreed remuneration despite non-use of the service. The hotel shall set off the income from renting the rooms to another party as well as the saved expenses. The expenses saved in each case may be set at a flat rate in accordance with 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 required amount. The hotel is at liberty to prove that a higher claim has arisen.

4.4 If the customer withdraws between the 8th and the 4th week prior to the event date, the hotel shall be entitled to charge 35% of the lost food turnover in addition to the agreed rental price, and 70% of the lost food turnover in the event of any later withdrawal.

4.5 The food turnover shall be calculated according to the formula: agreed menu price x number of participants. If no price has yet been agreed for the menu, the cheapest 3-course menu of the respective valid event offer will be used as the basis.

4.6 6 If a conference flat rate per participant has been agreed, the hotel shall be entitled to charge 60% of the conference flat rate x agreed number of participants in the event of cancellation between the 8th and 4th week prior to the event date and 85% in the event of 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 certain period, the hotel shall be entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked event rooms and the customer does not waive its right to withdraw from the contract upon the hotel’s request to do so within a reasonable period of time.

5.2 If an advance payment or security deposit agreed or demanded in accordance with 3.5 and/or 3.6 is not made even after a reasonable grace period set by the hotel has expired, the hotel shall also be entitled to withdraw from the contract.

5.3 Furthermore, the hotel shall be entitled to withdraw from the contract for objectively justified reasons, in particular if

• force majeure or other circumstances for which the hotel is not responsible make performance of the contract impossible;
• events or rooms are culpably booked with misleading or false statements or concealment of essential facts;
• the hotel has good reason to believe that the event may jeopardize the smooth running 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 organisation;
• the purpose or cause of the event is unlawful;
• a violation of Section 1.2 is present.

5.4 The justified withdrawal of the hotel shall not constitute a claim for damages on the part of the customer.

6 CHANGES IN THE NUMBER OF PARTICIPANTS AND THE TIME OF THE EVENT
6.1 An increase in the number of participants by more than 5% must be notified to the hotel no later than five working days prior to the start of the event; this requires the consent of the hotel, which shall be given in text form. The invoice shall be based on the actual number of participants, but at least 95% of the agreed higher number of participants. If the actual number of participants is lower, the customer shall have the right to reduce the agreed price by the additional expenses saved due to the lower number of participants to be proven by him.

6.2 The hotel shall be notified of any reduction in the number of participants by more than 5% in good time, at the latest five working days before the start of the event. The invoice shall be based on the actual number of participants, but at least 95% of the number of participants ultimately agreed. Section 6.1 sentence 3 shall apply accordingly.

6.3 If the number of participants is reduced by more than 10%, the hotel shall be entitled to exchange the confirmed rooms, taking into account any deviating room rent, unless this is unreasonable for the customer.

6.4 If the agreed start or end times of the event are postponed and the hotel agrees to these deviations, the hotel shall be entitled to charge a reasonable amount for the additional readiness to perform, unless the hotel is at fault.

7 BRINGING ALONG FOOD AND BEVERAGES
The customer is not allowed to bring food and beverages to events. Exceptions require an agreement with the hotel. In these cases, a contribution will be charged to cover overhead costs.

8 TECHNICAL EQUIPMENT AND CONNECTIONS
8.1 As far as the hotel procures technical and other equipment from third parties for the customer at the customer’s request, it shall act in the customer’s name, power of attorney and for the customer’s account. The customer shall be liable for careful handling and proper return. He shall release the hotel against all claims by third parties arising from the provision of these facilities.

8.2 The use of the customer’s own electrical systems using the hotel’s electricity network requires the hotel’s consent. Any malfunctions or damage to the hotel’s technical equipment caused by the use of these devices shall be at the customer’s expense insofar as the hotel is not responsible for such malfunctions or damage. The hotel may record and invoice the electricity costs incurred by the use of the equipment on a flat-rate basis.

8.3 With the hotel’s consent, the customer shall be entitled to use its own telephone, fax and data transmission facilities. The hotel may charge a connection fee for this.

8.4 If suitable systems of the hotel remain unused due to the connection of the customer’s own systems, a cancellation fee may be charged.

8.5 Any malfunctions in technical or other equipment provided by the hotel shall be remedied immediately if possible. Payments may not be withheld or reduced insofar as the hotel is not responsible for these disruptions.

9 LOSS OR DAMAGE OF ITEMS BROUGHT ALONG
9.1 Any object of the exhibition or other items, including personal items, carried along by the customer are at the customer’s risk in the event rooms or in the hotel. The hotel accepts no liability for loss, destruction or damage, not even for financial losses, except in cases of gross negligence or intent on the part of the hotel. Damages resulting from injury to life, body or health are excluded from this. In addition, all cases in which safe custody represents a typical contractual obligation due to the circumstances of the individual case shall be excluded from this exemption from liability.

9.2 Decorative material brought along must comply with fire protection requirements. The hotel is entitled to demand official proof of this. If no such proof is provided, the hotel shall be entitled to remove any material already brought in at the customer’s expense. Due to possible damage, the installation and mounting of objects must be agreed with the hotel in advance.

9.3 Any exhibition or other objects brought along by the customer must be removed immediately after the end of the event. If the customer fails to do so, the hotel may remove and store the objects at the customer’s expense. If the objects remain in the event room, the hotel shall be entitled to charge an appropriate compensation for use for the duration of the withholding of the room.

10 LIABILITY OF THE CUSTOMER FOR DAMAGES
10.1 If the customer is an entrepreneur, he shall be liable for all damage to buildings or inventory caused by event participants or visitors, employees, other third parties from his area or himself.

10.2 The hotel may require the customer to provide an appropriate security deposit, for example in the form of a credit card guarantee.

11 Final provisions
11.1 Amendments and supplements to the contract, the acceptance of the application or these General Terms and Conditions shall be made in text form. Unilateral changes or additions by the customer are ineffective.

11.2 Ötisheim is the place of performance and payment as well as the exclusive place of jurisdiction – also for disputes over cheques and bills of exchange – in commercial transactions. If a contractual partner fulfils the requirements of § 38 paragraph 2 ZPO and has no general place of jurisdiction in Germany, Ötisheim shall be the place of jurisdiction.

11.3 German law shall apply. The application of the UN Convention on contracts for the international sale of goods and the conflict of laws provisions is excluded.

11.4 Should individual provisions of these General Terms and Conditions for events be or become invalid or void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions shall apply.