GENERAL TERMS AND CONDITIONS FOR EVENTS (VERSION: NOVEMBER 2021)
1 SCOPE OF APPLICABILITY
1.1 These Terms and Conditions apply to contracts for the rental of conference, banquet and event rooms of the hotel for the organisation of events.
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 to all other services and deliveries provided by the hotel to the customer in this context.
and deliveries of the hotel.
1.2 The subletting or reletting of the rooms, areas or showcases provided as well as
invitations to job interviews, sales or similar events shall require the hotel's prior
prior consent of the hotel in text form, whereby § 540 para. 1 sentence 2 BGB is
1.3 The customer's general terms and conditions of business shall only apply if this has been
expressly agreed in advance.
2 CONCLUSION OF CONTRACT, PARTIES, LIABILITY, STATUTE OF LIMITATIONS
2.1 The contracting parties are the hotel and the customer. The contract is concluded by the hotel's acceptance of the
the customer's application by the hotel. The hotel shall be free to confirm the booking of the
booking of the event in text form.
2.2 The hotel shall be liable for damages for which it is responsible arising from injury to life, limb or health.
body or health. Furthermore, it shall be liable for other damage caused by an intentional or grossly negligent
or grossly negligent breach of duty by the hotel or an intentional or negligent
or an intentional or negligent breach of typical contractual obligations on the part of the hotel.
A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent.
vicarious agent. Further claims for damages, insofar as not otherwise regulated in section 9, are excluded.
otherwise regulated, are excluded. Should disruptions or defects occur in the services
services of the hotel, the hotel shall endeavour to remedy the situation upon knowledge or immediate
customer's complaint, the hotel shall endeavour to remedy the situation. The customer shall be obliged to contribute what is reasonably
to remedy the disruption and minimise any possible damage.
Moreover, the customer is obliged to inform the hotel in good time of the possibility of an extraordinarily
the hotel in good time of the possibility of an extraordinarily high loss.
2.3 All claims against the hotel shall in principle become statute-barred one year after the statutory start of the limitation period.
commencement of the limitation period. This does not apply to claims for damages and other claims, insofar as the latter
claims, insofar as the latter are based on a wilful or grossly negligent breach of duty by the hotel.
of the hotel.
3 SERVICES, PRICES, PAYMENT, SET-OFF
3.1 The hotel is obligated to provide the services ordered by the customer and promised by the hotel.
provided by the hotel.
3.2 The customer shall be obliged to pay the agreed or applicable prices of the hotel for these and further
agreed or applicable prices of the hotel for these and other services used. This shall also apply to services
services ordered by the customer directly or via the hotel, which are provided by third parties and
and paid for by the hotel. In particular, this shall also apply to claims of copyright collecting societies.
3.3 If a minimum turnover has been agreed and this is not achieved, the hotel may demand 60% of the difference as loss of profit, unless the customer proves a lower loss or the hotel proves a higher loss.
3.4 The agreed prices include the taxes applicable at the time of the conclusion of the contract.
taxes applicable at the time of conclusion of the contract.
In the event of changes to the statutory value added tax or the introduction, amendment or
or abolition of local taxes on the object of performance after conclusion of the contract.
prices shall be adjusted accordingly. In the case of contracts with consumers, this shall only apply if
the period between conclusion and performance of the contract exceeds four months.
3.5 If payment on account has been agreed, payment shall be made without deduction within ten days of receipt of the invoice, unless otherwise agreed. The hotel may demand immediate payment of due receivables from the customer at any time.
due from the customer at any time. In the event of default in payment by the customer, the
provisions shall apply. The hotel reserves the right to prove higher damages.
3.6 The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract.
or security, for example in the form of a credit card guarantee.
The amount of the advance payment and the payment dates may be agreed in text form in the contract.
agreed in text form. In the event of default of payment by the customer, the statutory provisions shall apply.
3.7 In justified cases, e.g. payment arrears on the part of the customer or an extension of the
scope of the contract, the hotel shall be entitled, even after conclusion of the contract and until the
3.6 above or to increase the remuneration agreed in the contract, even after conclusion of the contract and until the start of the event.
3.8 The customer may only set off or offset a claim of the hotel against a claim of the hotel that is undisputed or legally binding.
set off or offset against a claim of the hotel.
3.9 The customer agrees that the invoice may be sent to him electronically.
4 WITHDRAWAL OF THE CUSTOMER (CANCELLATION, ANNULMENT)
4.1 The customer may unilaterally withdraw from the contract concluded with the hotel free of charge only if a right to withdraw free of charge has been expressly agreed in the contract or if a statutory right to withdraw free of charge exists.
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 up to that date without triggering payment or damage compensation claims by the hotel. The customer's right to withdraw from the contract shall expire if he does not exercise this right in text form vis-à-vis the hotel by the agreed date.
4.3 If a right of withdrawal pursuant to 4.1 has not been agreed or has already expired and if there is also no statutory right to withdraw from the contract free of charge, the hotel shall retain the claim to the agreed remuneration pursuant to Clauses 3.3, 4.4, 4.5 and 4.6 despite non-utilisation of the service. The hotel shall take into account the income from other rentals and the expenses saved. The expenses saved in each case may be calculated as a lump sum, in the case of individually stated rental charges in the amount of 10%, otherwise in accordance with Sections 3.3, 4.4, 4.5 and 4.6. The customer shall be at liberty to prove that the claim did not arise or did not arise in the amount claimed. The hotel shall be at liberty to prove that a higher claim has arisen.
4.4 If the Customer does not withdraw from the event until 60 days before the date of the event, the Hotel shall be entitled to invoice 35% of the lost consumption turnover in addition to the agreed rental price (less any income or expenses saved in accordance with 4.3, sentence 2) as well as the out-of-pocket expenses in accordance with Clause 3.2, sentence 2 and/or an agreed minimum turnover in accordance with Clause 3.3, 60% from the 30th day and 85% from the 10th day. In the case of events lasting several days, the first day of the event shall be decisive for the calculation of the period. The customer is at liberty to prove that the claim has not arisen or has not arisen in the amount claimed. The hotel shall be at liberty to prove that a higher claim has arisen.
4.5 The calculation of the consumption turnover is based on the formula: Agreed menu price plus drinks x number of participants. If no price has been agreed for the menu, the cheapest 3-course menu of the respective valid event offer shall be used as a basis. Drinks shall be charged at one third of the menu price.
4.6 If a conference flat rate per participant has been agreed, the hotel shall be entitled to charge 75% of the conference flat rate x agreed number of participants in the event of cancellation from the 30th day and 85% from the 10th day. In the case of events lasting several days, the first day of the event shall be decisive for calculating the deadline. The customer shall be at liberty to prove that the claim did not arise or did not arise in the amount claimed. The hotel shall be at liberty to prove that a higher claim has arisen.
5 WITHDRAWAL 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 of time, the hotel shall be entitled to cancel the contract.
contract free of charge within a certain period of time, the hotel shall be entitled to withdraw from the
contract during this period if there are enquiries from other customers regarding the contractually booked
and if the customer, upon inquiry by the hotel, waives his right to withdraw from the contract by
the customer does not waive his right to rescind the contract.
5.2 If an advance payment or security deposit agreed or required in accordance with Clause 3.5 and/or Clause 3.6 is still not
agreed or requested in accordance with clause 3.5 and/or clause 3.6 is not made even after a reasonable
the hotel shall also be entitled to withdraw from the contract.
5.3 Furthermore, the hotel shall be entitled to withdraw from the contract extraordinarily for objectively justified reason
contract, in particular in the event of
- force majeure or other circumstances beyond the hotel's control make it impossible to fulfil the contract; or
- events or rooms are culpably booked with misleading or false statements or
or concealment of material facts; material facts may be the identity of the customer, the
the identity of the customer, the ability to pay or the purpose of the stay;
- the hotel has reasonable grounds to assume that the event will jeopardise the smooth running of the business, security or reputation of the hotel.
the smooth operation of the business, the safety or the public reputation of the hotel without
public reputation, without this being attributable to the control or organisational
attributable to the hotel;
- the purpose or reason for the event is unlawful;
- there is a breach of clause 1.2.
5.4 The justified withdrawal of the hotel shall not give rise to any claim for damages on the part of the customer.
6 CHANGES IN NUMBER OF PARTICIPANTS AND TIME OF EVENT
6.1 The hotel must be notified of any increase in the number of participants by more than 5% at the latest five
five working days prior to the start of the event at the latest; it shall require the Hotel's consent,
which shall be given in text form. The invoice shall be based on the actual number of participants
at least 95% of the agreed higher number of participants. If the actual number of
number of participants is lower, the customer shall be entitled to reduce the agreed price by the
the agreed price by the additional expenses saved due to the lower number of participants.
expenses due to the lower number of participants.
6.2 The hotel should be notified of a 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.
five working days before the start of the event at the latest. The invoice shall be based
shall be based on the actual number of participants, but at least 95% of the number of
number of participants. Clause 6.1 sentence 3 shall apply accordingly.
6.3 In the event of a reduction in the number of participants by more than 10%, the hotel shall be entitled to use the confirmed
rooms, taking into account any deviating room rent, unless it is not possible for the hotel to
unless this is unreasonable for the customer.
6.4 If the agreed start or end times of the event are postponed and the hotel consents to such
the hotel agrees to these deviations, the hotel may reasonably charge for the additional service
the additional readiness to perform, unless the hotel is at fault.
7 BRINGING OF FOOD AND BEVERAGES
The customer may not bring food and beverages to events.
Exceptions require an agreement with the hotel. In such cases, a contribution
will be charged to cover overhead costs.
8 TECHNICAL FACILITIES AND CONNECTIONS
8.1 Insofar as the Hotel procures technical facilities, connections and/or other equipment from third parties for the Customer at the Customer's instigation, the Hotel shall act in the name of, on the authority of and for the account of the Customer. The customer shall be liable for the careful handling and proper return of the equipment. He shall indemnify the hotel against all claims of third parties arising from the provision of such equipment.
8.2 The use of the customer's own electrical equipment using the hotel's power grid
of the hotel shall require the hotel's consent. Any malfunctions or damage to the technical equipment
or damage to the hotel's technical equipment caused by the use of such equipment shall be at the
shall be borne by the customer insofar as the hotel is not responsible for them. The hotel may charge the
the use of such equipment may be recorded and charged by the hotel on a flat-rate basis.
8.3 The customer is entitled, with the hotel's consent, to use his own telephone, fax and data transmission equipment. The hotel may charge a connection fee for this.
8.4 The Customer shall obtain any official permits required for the event in due time and at its own expense. The customer shall be responsible for compliance with public law requirements and other regulations.
8.5 Malfunctions in technical or other facilities provided by the hotel shall be
provided by the hotel shall be remedied as soon as possible. Payments may not be withheld or
payments may be withheld or reduced insofar as the hotel is not responsible for such disruptions.
8.6 The customer shall be responsible for handling the necessary formalities and settlements with the responsible institutions (e.g. GEMA) in the context of copyright-relevant processes (e.g. music presentation, film screening, streaming services).
9 LOSS OF OR DAMAGE TO PROPERTY BROUGHT IN
9.1 Exhibits or other items, including personal items, that the customer brings with him/her shall be at the
in the event rooms or in the hotel at the customer's risk. The hotel accepts no liability for
loss, destruction or damage, including financial loss,
except in cases of gross negligence or wilful misconduct on the part of the hotel. Excluded from this are
damage resulting from injury to life, limb or health. In addition
cases in which, due to the circumstances of the individual case, the safekeeping represents a typical contractual
circumstances of the individual case, are excluded from this exemption from liability.
9.2 Decorative material and other items brought in by the customer and their use must comply with fire protection requirements and official regulations. The hotel shall be entitled to remove any material already brought in at the customer's expense. Due to possible damage, the installation and attachment of objects must be agreed with the hotel in advance.
9.3 Any exhibition or other items brought into the hotel must be removed immediately after the end of the event.
removed immediately after the end of the event. If the customer fails to do so, the hotel may remove and store the items at the customer's
storage at the expense of the customer. If the items remain in the event room
the hotel may charge a reasonable compensation for use of the room for the duration of the
compensation for use for the duration of the withholding of the room.
10 CUSTOMER’S LIABILITY FOR DAMAGE
10.1 If the Customer is an entrepreneur, he shall be liable for any damage to the building or inventory
caused by participants in or visitors to the event, employees, other third parties in the customer's
third parties from his area of business or himself.
10.2 The hotel may require the customer to provide appropriate security, for example in the form of a credit card guarantee.
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 amendments or supplements by the
by the customer shall be ineffective.
11.2 If the customer is a merchant or a legal entity under public law, the exclusive place of jurisdiction shall be Böblingen. The hotel may optionally sue the customer at the customer's place of business. The same shall apply in each case to customers who do not fall under sentence 1 if they do not have their registered office or place of residence in a member state of the EU.
11.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
11.4 In accordance with the legal obligation, the hotel points out that the European Union has set up an online platform for the out-of-court settlement of consumer disputes: ec.europa.eu/consumers/odr/main/index.cfm. The hotel does not, however, participate in dispute resolution procedures.
However, the Hotel does not participate in dispute resolution proceedings before consumer arbitration boards.
11.4 If general terms and conditions of business have not become part of the contract in whole or in part or are ineffective, the remainder of the contract shall remain effective. Insofar as the provisions have not become an integral part of the contract or are invalid, the content of the contract shall be governed by the statutory provisions. Section 306 sentences 1 and 2 shall apply accordingly.
© Hotelverband Deutschland (IHA) e.V. Version: November 2021