I. Scope of application

1. These Terms and Conditions shall apply to contracts for the rental of conference, banquet and event rooms of the hotel for the holding of events such as banquets, seminars, conferences, exhibitions and presentations, etc., as well as to all services and deliveries provided by the hotel to the customer in this connection.
2. The subletting or reletting of the rooms, areas or showcases provided as well as the invitation to job interviews, sales or similar events require the prior consent of the hotel in text form, whereby Section 540 (1) sentence 2 of the German Civil Code (BGB) is waived insofar as the customer is not a consumer.
3. The customer's general terms and conditions shall only apply if this has been expressly agreed in text form in advance.

II. conclusion of contract, -partner, limitation period

1. The contract is concluded by the hotel's acceptance of the customer's application; these are the contracting parties. The hotel is free to confirm the booking of the event in text form.
2. If the customer/orderer is not the organiser himself or if a commercial intermediary or organiser is engaged by the organiser, the organiser shall be jointly and severally liable with the customer for all obligations arising from the contract, provided that the hotel has received a corresponding declaration from the organiser.
3. The hotel is liable for its obligations under the contract. Claims of the customer for damages are excluded. Excluded from this are damages arising 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 duties typical of the contract by the hotel. A breach of duty by the hotel shall be deemed equivalent to a breach of duty by a legal representative or vicarious agent. In the event of disruptions or defects in the hotel's services, the hotel shall endeavour to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obligated to contribute what is reasonable to him in order to remedy the disruption and to keep any possible damage to a minimum. In addition, the customer is obliged to inform the hotel in good time of the possibility of an exceptionally high level of damage.
4. 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 shall become statute-barred one year after the statutory commencement of the limitation period. Claims for damages shall become statute-barred after five years, irrespective of knowledge, unless they are based on injury to life, limb, health or freedom. These claims for damages shall become statute-barred after ten years, irrespective of knowledge. 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.

III. Services, Prices, Payment, Offsetting

1. The hotel is obliged to provide the services promised by the customer and 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 and expenses of the hotel to third parties arranged by the customer. The agreed prices include the respective statutory value added tax.
3. Invoices of the hotel without a due date are payable immediately upon receipt of the invoice without deduction. The hotel may demand immediate payment of due receivables from the customer at any time. In the event of default in payment, the hotel shall be entitled to charge the respectively applicable statutory default interest in the amount of currently 8% or, in the case of legal transactions involving a consumer, in the amount of 5% above the base interest rate.
4. The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract in the form of a credit card guarantee, a down payment or similar. The amount of the advance payments and the payment dates may be agreed in text form in the contract.
5. 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 until the start of the event, to obtain an advance payment or security deposit within the meaning of number 4 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
6. The customer may only offset and set off an undisputed or legally binding claim against a claim of the hotel.

IV. Withdrawal of the customer (cancellation)

1. Cancellation by the customer of the contract concluded with the hotel requires the hotel's consent in text form. If this is not given, the agreed room rent from the contract as well as services arranged with third parties must be paid in any case, even if the customer does not make use of contractual services and further subletting is no longer possible.
2. If the hotel and the customer have agreed on a date for withdrawal from the contract free of charge, the customer may withdraw from the contract up to that date without triggering claims for payment or damages on the part of the hotel. The customer's right to withdraw from the contract shall expire if he does not exercise his right to withdraw from the contract in text form vis-à-vis the hotel by the agreed date.
3. If the customer withdraws only between the 8th and the week before the date of the event, the hotel is entitled to charge 35% of the lost food turnover as compensation in addition to the agreed rental price, and 70% of the food turnover for any later withdrawal.
4. The calculation of the food turnover is based on the formula: agreed rental price x registered number of participants. If no price has yet been agreed for the menu, the cheapest 3-course menu of the respective event offer shall be used as a basis.
5. If a flat-rate conference fee per participant has been agreed, the hotel shall be entitled to charge 60% of the flat-rate conference fee x agreed number of participants as compensation in the event of cancellation between the 8th and the week before the date of the event, and 80% in the event of cancellation at a later date.
6. The deduction of saved expenses by No. 3 to 5 (is) taken into account. The customer is free to prove that the above-mentioned claim is not or not in the required amount.

V. Withdrawal of the hotel

1. If it has been agreed in text form that the customer may withdraw from the contract free of charge within a certain period of time, the hotel shall be entitled for its part to withdraw from the contract during this period if there are enquiries from other customers about the contractually booked event rooms and the customer does not waive his right to withdraw upon inquiry by the hotel.
2. If an advance payment or security deposit agreed or required above in accordance with room III numbers 4 and/or 5 is not made even after the expiry of a reasonable notice 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 objectively justified reasons, for example, if
   • force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract
   • events or rooms are culpably booked with misleading or false information about facts essential to the contract, e.g. about the person of the customer or the purpose of his stay
   • the hotel has reasonable grounds to believe that the event may jeopardise the smooth running 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 organisation
   • the purpose or the reason for the event is unlawful
   • there is an infringement of point I.2 above
4. In the event of justified withdrawal by the hotel, the customer shall have no claim to compensation.

VI. change in the number of participants and the time of the event

1. The hotel must be notified of any change in the number of participants by more than 5% no later than five working days before the start of the event; such change shall require the hotel's consent in text form.
2. A reduction in the number of participants by the customer by a maximum of 5% will be recognised by the hotel when billing. In the event of deviations exceeding this, the originally agreed number of participants less 5% shall be taken as the basis. The customer has the right to reduce the agreed price by the expenses saved due to the low number of participants, which must be proven by the customer.
3. In case of an upward deviation, the actual number of participants will be calculated.
4. In the event of deviations in the number of participants by more than 10%, the hotel shall be entitled to redefine the agreed prices as well as to exchange the confirmed rooms, unless this is unreasonable for the customer.
5. 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.

VII. Bringing food and drinks

1. The customer may not bring food and drinks to the event.
2. Exceptions require an agreement in text form with the hotel. In these cases, an amount will be charged to cover overhead costs (e.g. corkage fee).

VIII. Technical facilities and connections

1. Insofar as the hotel procures technical and other equipment from third parties for the customer and the customer's event, it 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. The customer shall indemnify the hotel against all claims of third parties arising from the provision of these facilities.
2. The use of the customer's electrical equipment using the hotel's power supply system requires the customer's consent in text form. Any faults or damage to the hotel's technical equipment caused by the use of such equipment shall be borne by the customer insofar as the hotel is not responsible for such faults or damage. The hotel may record and charge the electricity costs incurred by the use of such equipment on a flat-rate basis.
3. With the hotel's consent, the customer is entitled to use his own telephone, fax and data transmission facilities. The hotel may charge a connection fee for this.
4. If suitable facilities of the hotel remain unused due to the connection of the customer's own facilities, a cancellation fee may be charged.
5. Faults in technical or other facilities provided by the hotel will be remedied immediately if possible. Payments may not be withheld or reduced insofar as the hotel is not responsible for these disruptions.

IX. Loss of or damage to items brought along

1. Exhibits 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 accepts no liability for loss, destruction or damage, including financial loss, except in cases of gross negligence or intent on the part of the hotel. This does not apply to damage resulting from injury to life, limb or health. In addition, all cases in which safekeeping constitutes a typical contractual obligation due to the circumstances of the individual case are excluded from this exemption from liability.
2. Decorative material brought into the hotel must comply with fire protection requirements. The hotel is entitled to demand official proof of this. If such proof is not provided, the hotel shall be entitled to remove any material already brought in at the customer's expense. Due to possible damage, the setting up and removal of items must be agreed with the hotel in advance.
3. Any exhibition or other items brought along must be 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 expense. If the items remain in the event room, the hotel may charge reasonable compensation for use for the duration of their stay. The customer shall be at liberty to prove that the above claim has not arisen or has not arisen in the amount claimed.

X. Liability of the customer for damages

1. If the customer is an entrepreneur, he shall be liable for all damage to the building and inventory caused by event participants or visitors, employees, other third parties from his area or by himself.
2. The hotel may require the customer to provide appropriate security (e.g. insurance, deposits, guarantees).

XI Final provision

1. Amendments and supplements to the contract, the application acceptance or these General Terms and Conditions shall be made in text form. Unilateral amendments or supplements by the customer are invalid.
2. The place of performance and payment is the location of the hotel.
3. The exclusive place of jurisdiction - also for disputes regarding cheques and bills of exchange - in commercial transactions shall be the registered office of the hotel under company law. If a contracting party meets the requirements of Section 38 (2) of the German Code of Civil Procedure (ZPO) and does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel under company law.
4. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
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.