General terms and conditions

1. the hotel is free to confirm the room booking in text form.

2. the contracting parties are the hotel and the customer. If a third party has ordered on behalf of the customer, he shall be liable to the hotel together with the customer as joint and several debtors.

The contract is concluded by the acceptance of the customer’s application by the hotel. In case of booking via the hotel’s own homepage, the contract is concluded by clicking the button “BOOK FOR PAYMENT”.
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3. all claims against the hotel are generally subject to a limitation period of one year from the statutory commencement of the limitation period. Claims for damages are subject to a limitation period of five years. The reductions in the statute of limitations do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

1. the hotel is obliged to keep ready the rooms booked by the customer and to provide the agreed services.

2. the customer is obliged to pay the prices of the hotel valid for the room rental and other services used by him. This also applies to services and expenses of the hotel to third parties initiated by the customer. The agreed prices include the respective statutory value added tax.

3. the hotel may make its consent to a subsequent reduction requested by the customer in the number of rooms booked, the hotel’s service or the customer’s length of stay conditional on an increase in the price for the rooms and/or for the hotel’s other services.

4. invoices of the hotel are payable within 14 days from the date of sending the invoice without deduction. In case of late payment, the hotel is entitled to charge a lump sum (late fee, handling fee) in the amount of 25.00 Euro.

5. the hotel is entitled to demand an advance payment or security deposit from the customer upon conclusion of the contract.

6. in justified cases, e.g. payment arrears of the customer, the hotel is entitled to refuse further services.

7. the customer may only set off or offset an undisputed or legally enforceable claim against a claim of the hotel.

2. if the hotel and the customer agreed on a date for withdrawal from the contract free of charge in text form, the customer may withdraw from the contract until then without triggering payment or damage claims of the hotel. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal towards the hotel in text form by the agreed date.

3. in case of rooms not used by the customer, the hotel shall credit the income from renting these rooms to other parties. If the rooms are not otherwise rented, the hotel may charge 100% of the contractually agreed remuneration.

4. the right to withdraw from the contract concluded with the hotel expires from two weeks before the contractually regulated day of arrival. Note: According to Directive 2011/83/EU of the European Parliament, Article 16, the 14-day right of withdrawal does not apply to hotel bookings. The cancellation conditions of the hotel apply.

1. the customer does not acquire a claim to the provision of certain rooms, unless this has been expressly agreed in text form.

2. booked rooms are available to the customer from 14:00 on the agreed day of arrival. The customer has no right to earlier provision.

3. on the agreed day of departure, the rooms must be vacated and made available to the hotel by 10:30 a.m. at the latest. Thereafter, due to the late vacating of the room, the hotel may charge 50% of the full accommodation price (list price) for its use in excess of the contract until 2:00 p.m., and 100% thereafter.

1. the hotel is liable for its obligations under the contract. Claims of the customer for damages are excluded. Excluded from this are damages resulting from injury to life, body or health, if the hotel is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by the hotel and damages based on an intentional or negligent breach of typical contractual obligations of the hotel. In the event of disruptions or deficiencies in the hotel’s services, the hotel will endeavor to remedy the situation if it becomes aware of them or if the customer complains about them without delay. The customer is obligated to contribute what he can reasonably be expected to do in order to remedy the disruption and keep any possible damage to a minimum.

2. the hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions. Accordingly, the liability is limited to one hundred times the room rate, but not more than € 3,500, and differently for money, securities and valuables not more than € 800. Money, securities and valuables can be stored in the hotel safe up to a maximum value of € 3,500.

3. as far as the customer a parking space in the garage or in a hotel parking lot,
If the Customer makes the Software available to third parties, even for a fee, this shall not constitute a safekeeping agreement. In the event of loss or damage to motor vehicles, trailers, motorcycles or trailers and their contents parked or maneuvered on the hotel property, the hotel shall not be liable, except in cases of intent or gross negligence.

1. amendments and additions to the contract or these general terms and conditions shall be made in text form. Unilateral changes or additions by the customer are invalid.

2. place of performance and payment is the location of the hotel.

3. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws or similar is excluded.

4. should 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.

1. contracting parties are the hotel and the customer. The contract is concluded by the acceptance of the customer’s application by the hotel. The hotel is free to confirm the booking of the event in text form.

2. the hotel is liable for damages resulting from injury to life, body or health for which it is responsible. Furthermore, it shall be liable for other damages that are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of duties typical for the contract by the hotel. Duties typical for the constitution are such duties which enable the proper execution of the contract in the first place and on the fulfillment of which the customer relies and may rely. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent. Any further claims for damages, unless otherwise provided for in clause 9, are excluded. In the event of disruptions or deficiencies in the hotel’s services, the hotel will endeavor to remedy the situation if it becomes aware of them or if the customer complains about them immediately. The customer is obligated to contribute what he can reasonably be expected to do in order to remedy the disruption and keep any possible damage to a minimum. In all other respects, the customer is obliged to notify the hotel in good time of the possibility of an exceptionally high loss being incurred.

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 agreed or applicable prices of the hotel for these and other services used. This also applies to services ordered by the customer directly or via the hotel, which are provided by third parties and paid for by the hotel. In particular, this also applies to claims from copyright collecting societies.

If a minimum turnover has been agreed and this is not reached, the hotel can demand 60% of the difference as lost profit, unless the customer proves a lower or the hotel a higher damage.

The agreed prices include the taxes applicable at the time of the conclusion of the contract. In the event of a change in the statutory value added tax 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 and performance of the contract exceeds four months.

(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.

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

In justified cases, e.g. payment arrears on the part of the customer or extension of the scope of the contract, the hotel shall be entitled, even after conclusion of the contract and until the start of the event, to demand an advance payment or provision of security as defined in Section 3.6 above or an increase in the advance payment or provision of security agreed in the contract up to the full agreed remuneration.

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

9. the customer agrees that the invoice can be sent to him electronically.

1. free unilateral cancellation by the customer of the contract concluded with the hotel is possible only if the right to cancel the contract free of charge has been expressly agreed in the contract or if there is a legal right to cancel the contract free of charge.

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 payment or damage claims of the hotel. The customer’s right of withdrawal expires if he does not exercise it in text form towards the hotel by the agreed date.

If a right of withdrawal according to 4.1 has not been agreed or has already expired and if there is no legal right to withdraw from the contract free of charge, the hotel retains the right to the agreed remuneration according to sections 3.3, 4.4, 4.5 and 4.6 despite the non-utilization of the service. The hotel has to take into account the income from other rentals as well as the saved expenses. The expenses saved in each case can be calculated as a lump sum, in the case of individually stated rental prices in the amount of 10%, otherwise in accordance with Sections 3.3, 4.4, 4.5 and 4.6. The customer shall be free to prove that the claim did not arise or did not arise in the amount claimed. The Ho-tel is free to prove that a higher claim has arisen.

4. if the customer withdraws only from the 60th day before the date of the event, the hotel is entitled to charge 35% of the lost consumption turnover in addition to the agreed rental price (minus any income or saved expenses according to 4.3, sentence 2) as well as the expenses for services according to 3.2, sentence 2 and/or an agreed minimum turnover according to 3.3, 60% from the 30th day and 85% from the 10th day onwards. 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 free to prove that the claim did not arise or did not arise in the amount claimed. The hotel is free to prove that a higher claim has arisen.

The calculation of the consumption turnover is based on the formula: Agreed menu price plus beverages 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 taken as a basis. Drinks are charged at one third of the menu price.

If a flat rate per participant has been agreed, the hotel is entitled to charge 60% of the flat rate x agreed number of participants in the event of cancellation from the 60th day before the date of the event, 75% in the event of cancellation from the 30th day and 85% from the 10th day. For events lasting several days, the first day of the event is decisive for calculating the deadline. The customer is free to prove that the claim did not arise or did not arise in the amount claimed. The hotel is free to prove that a higher claim has arisen.

If it was agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is entitled to withdraw from the contract within this period,
General Terms and Conditions for Events (AGBV 6.0)
© Hotelverband Deutschland (IHA) e.V. Page 7 Status: October 2021
if there are requests from other customers for the contractually booked event rooms and the customer does not waive his right of withdrawal upon inquiry by the hotel with a reasonable deadline. This applies accordingly to the granting of an option if other inquiries exist and the customer is not prepared to make a firm booking upon inquiry by the hotel with a reasonable deadline.

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

3. furthermore, the hotel is entitled to withdraw from the contract extraordinarily for an objectively justified reason, in particular if
– Force majeure or other circumstances beyond the control of the hotel make it impossible to fulfill the contract;
– events or rooms are culpably booked with misleading or false information or concealment of material facts; material facts may be the identity of the customer, the ability to pay or the purpose of the stay;
– the hotel has reasonable grounds to believe that the event may jeopardize the smooth operation of the business, the safety or the reputation of the hotel in public, without this being attributable to the hotel’s sphere of control or organization;
– the purpose or cause of the event is unlawful;
– a violation of section 1.2 has occurred.

4. the justified withdrawal of the hotel does not justify the customer’s claim for damages. If the hotel is entitled to claim damages from the customer in the event of a cancellation pursuant to subsections 5.2 or 5.3 above, the hotel may set a lump sum for such damages. Sections 4.3 to 4.6 shall apply accordingly in this case.

1. an increase in the number of participants by more than 5% must be notified to the hotel no later than five working days before the start of the event; it requires the hotel’s consent, which should be given in text form. Billing will 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 has the right to reduce the agreed price by the additional expenses saved due to the lower number of participants, which must be proven by the customer.

2. a reduction in the number of participants by more than 5% should be communicated to the hotel in good time, at the latest five working days before the start of the event. Invoicing will be based on the actual number of participants, but at least 95% of the ultimately agreed number of participants. Clause 6.1, sentence 3 shall apply accordingly.

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 deviating room rent, unless this is unreasonable for the customer.

4. if the agreed start or end times of the event are postponed and the hotel agrees to these deviations, the hotel may charge appropriately for the additional service provided, unless the hotel is at fault.

1. the customer may not bring food and beverages to events in principle. Exceptions require an agreement in text form with the hotel. In such cases, an appropriate contribution will be charged to cover overhead costs.

1. insofar as the hotel procures technical facilities, connections and/or 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 shall indemnify the hotel against all claims of third parties arising from their transfer.

2. the use of the customer’s own electrical equipment 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 such equipment shall be borne by the customer, unless the Ho-tel is responsible for such malfunctions or damage. The hotel may record and charge for the electricity costs incurred by the use as a lump sum.

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.

The customer must obtain the official permits required for the event in good time and at his own expense. He is responsible for compliance with public-law requirements and other regulations.

(5) The customer shall handle the formalities and settlements required in the context of copyright-relevant processes (e.g. music performance, film performance, streaming services) with the responsible institutions (e.g. GEMA) on its own responsibility.

6. malfunctions in technical or other equipment provided by the hotel will be remedied immediately if possible. Payments cannot be withheld or reduced if the hotel is not responsible for these disruptions.

1. exhibition or other items, including personal items, carried along are at the risk of the customer 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 does not apply to damages resulting from injury to life, body or health. In addition, all cases in which the safekeeping represents a typical contractual obligation due to the circumstances of the individual case are excluded from this exemption from liability.

2) Decorative material and other objects brought in by the customer and their use must comply with fire protection requirements and official regulations. The hotel is entitled to demand official proof of this. If such proof is not provided, the hotel is 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.

3. any exhibits or other objects brought along must be removed immediately after the end of the event. If the customer fails to do so, the hotel may carry out the removal and storage at the customer’s expense. If the items remain in the event room, the hotel may charge reasonable compensation for use for the duration of the withholding of the room.

1. if the customer is an entrepreneur, he is liable for all damages to the building or inventory caused by event participants or visitors, employees, other third parties from his area or himself.

2. the hotel may require the customer to provide adequate security, for example in the form of a credit card guarantee.

1. amendments and additions to the contract or these general terms and conditions shall be made in text form. Unilateral changes or additions by the customer are invalid.

If the customer is a merchant or a legal entity under public law, the exclusive place of jurisdiction shall be 26919 Brake. However, the hotel may optionally sue the customer at the customer’s registered office. 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.

3. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws or similar is excluded.

4. in accordance with the legal obligation, the Hotel points out that the European Union has established an online platform for the out-of-court settlement of consumer disputes (“ODR platform”):
http://ec.europa.eu/consumers/odr/

However, the hotel does not participate in dispute resolution proceedings before consumer arbitration boards.

5. should 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.

1. the renter is obliged to observe the care required in traffic. In particular, the special traffic regulations and safety rules posted in the parking area must be observed. Instructions of the hotel personnel, which serve the security or concern the house right, are to be obeyed always immediately. In all other respects, the provisions of the StVO apply accordingly.

2. vehicles may be parked only within the marked parking spaces, but not in the parking spaces reserved by signs for permanent users. The hotel is entitled to move or have moved incorrectly parked vehicles by taking appropriate measures at the expense of the lessee. The hotel may charge a lump sum for this; in this case, the lessee may prove that the costs were not incurred or are significantly lower than the lump sum.

3. the hotel is also entitled to remove the renter’s vehicle from the parking area in case of imminent danger.

4. every renter is recommended to lock his vehicle carefully after leaving it and not to leave any valuables behind.

1. driving in the parking area is allowed only at walking speed.

2. in the parking area are not allowed:
– smoking and the use of fire,
– the storage of operating materials, containers of operating materials and inflammable objects,
– the unnecessary running of engines,
– parking vehicles with leaking tank or carburetor,
– refueling, repairing, washing, interior cleaning of vehicles,
– the draining of cooling water, operating fluids or oils,
– the distribution of advertising material.

3. staying in the parking area is allowed only for the purpose of parking, loading, unloading and picking up vehicles.

4. the tenant must immediately remove any soiling caused by him.

1. the hotel is only liable for damages that are demonstrably caused by it or its vicarious agents intentionally or through gross negligence. This limitation of liability shall not apply in the event of injury to life, body or health or in the event of a breach of essential contractual obligations.

2. the renter is obliged to report any damage to his vehicle to the hotel immediately.

3. the hotel excludes any liability for damages caused by other tenants or other third parties. This applies in particular to damage, destruction or theft of the parked vehicle or movable/installed items from the vehicle or items attached to or on the vehicle.

(4) If the Lessee is a hotel guest and the hotel takes over the parking or collection of the vehicle at the request of the Lessee, this shall also not constitute a custody agreement and no duty of supervision, as this is merely a courtesy of the hotel towards the guest. Damage caused to other vehicles or property in the process must be settled via the motor vehicle liability insurance of the renter/vehicle owner. Furthermore, the hotel and the driver commissioned by the hotel shall not be liable for any damage directly caused to the lessee’s vehicle or for any financial disadvantages in connection with the settlement of the damage to the other vehicles or property via the lessee’s/vehicle owner’s motor vehicle liability insurance (deductibles, premium increases, etc.), unless the driver commissioned by the hotel caused the damage intentionally or through gross negligence.

The Lessee shall be liable for any damage culpably caused to the Hotel by himself or by his vicarious agents, his representatives or his companions. He is obliged to report such damage to the hotel without being asked before leaving the parking area.

2. the renter is liable for the cleaning costs in case of soiling of the parking area caused by him in the sense of section 3.2.

(1) The Hotel shall have a right of retention and a statutory lien on the Lessee’s hired vehicle due to its claims arising from the rental agreement.

2. the hotel is entitled to remove and/or dispose of vehicles or trailers without a registration number, provided that the lessee/vehicle owner has been threatened with this beforehand and has not complied with the request to remove the vehicle within a reasonable period set by the hotel. Such a threat and request is not required if the renter/vehicle owner could not be identified even after taking reasonable measures. The lessee/vehicle owner shall be entitled to any liquidation proceeds less the costs incurred and the parking fee accrued up to the time of removal of the vehicle.

3. without prejudice to the rights under clause 7.1 and clause 7.2, the Lessee shall be liable to the Hotel for all costs incurred