Our business conditions1. The agreement is concluded with the hotel´s order confirmation with the client (singular description for buyer, organizer, guest etc.). Only these business specifications are valid parts of the contract and apply to all of the hotel´s performances, especially the allocation of hotel rooms, conference and banquet rooms and other hotel premises (hereafter global: Service Provision). Any business conditions of clients will not be acknowledged.
If a third person has ordered for the client, then this person is liable along with the client as co-debtor. The hotel may demand a fair advance installment from the client or third party. Subleasing requires a written agreement from the hotel.
2. The prices are determined by the valid pricelist at the time of the hotel´s performance. If the order confirmation states set rates and if more than 6 months elapse between contract approval and hotel performance, then the hotel is entitled to make changes to prices. Should a minimum turnover be agreed upon which is not reached, the hotel is entitled to demand 60% of the margin as lost profit provided the client does not prove a lower or the hotel a higher loss of profit.
3. Reservations – including those in favour of a client who is a tour operator, which initially only bind the hotel (options), convert to solid bookings if the client does not officially withdraw from the reservation contract within the designated deadline. If no deadline has been agreed upon, then a withdrawal can be announced within 6 weeks at the latest before the hotel is to perform services (in writing, deadline incoming at the hotel).
4. The stipulated fee is also to be paid for booked, respective rented rooms, if the booking is cancelled later (§ 552 BGB). The expenditure saved by the hotel for accommodation with or without breakfast amounts to 10%, for food and beverages 40% and for flat-rate agreements (accommodation and board in one price) 25% of the agreed price. For other service provisions (such as conference, banquet and other rooms and for provisions such as event arrangements), the time of the cancellation dictates the right of the hotel for an adequate compensation. This is ensued through the hotel´s confirmation in addition to the appendage to these terms and specifications; any saved expenses from other performances are hereby satisfied. The right of the client is reserved to prove a lower, of the hotel to prove a higher loss.
5. For a miscellaneous performance according to numeral 4, the client is to inform the hotel of the number of participants = within the hotel´s available capacity, no later than 2 working days (48 hrs.) before the date of performance. Should the number of participants be less than pre-agreed, the client is liable to make payment for the number imparted or at least for the pre-agreed number of participants. Should there be a higher number of participants, the balance will be made according to the actual number of participants.
6. Events that exceed the contractual agreed time limit or otherwise exceed 23:00 hrs., allow the hotel to balance additional expenses , especially for successive events and Personnel.
7. a) The hotel endeavors to fulfill wake-up calls with the greatmost diligence.
b) to pass messages, post and packages on to clients with the same diligence and care. The hotel undertakes storage, delivery and – upon request- and for a fee, the forwarding of such.
c) Forgotten belongings of clients will only be forwarded upon request, own risk and cost of the client. The hotel stores such belongings for 6 months and charges an appropriate fee. The belongings will be given to the local lost and found office after this time has elapsen and the articles have a n obvious value.
d) Any liability of the hotel for the numerals a – c is exempt.
8. Should a parking slot in the hotel garage or within the hotel´s car-park be put at a client´s disposal – even if for a fee, will not incur a custody contract. The hotel has no monitoring obligation. The hotel is only liable for damage to vehicles directly due to existing deficiencies of the car-parking places, at the most up to € 15.000,- per vehicle including accessories. Any damage must be reported to the hotel at the latest upon leaving the hotel grounds.
9. The hotel is liable for the diligence of an orderly merchant. Should there be the appearance of disturbance or deficiencies in the hotel´s performance, the hotel will make every effort of correction upon immediate reprimand of the client.
Independent of digit no. 7 of these General Terms and Conditions and the §§701 and following BGB, the hotel is only liable for deliberate or gross negligence of legal representatives or executive staff of the hotel corporation. Storage/safekeeping only upon explicit agreement. Compensation, reduction, or retainment are only permissible for the client upon undisputable or legally effective counter-claims. Possible liability of the hotel is, aside from the §§ 701 and the following BGB, is restricted to the agreed rental fee. Limitation period for all clients claims is 6 months after expiration of contract. This liability limitation and short period of limitation apply in favour of the hotel also in the case of violation of obligations during the initial agreement approach, positive contract violation and tortuous acts.
10. In cases of Superior Force (i.e. Fire, Strike) or other obstacles for which the hotel is not at fault, especially such outside the hotel´s influence, may (the hotel) reserve the right to withdrawal from the contract, whereby the client in such a case is not entitled to compensation.
11. The client is liable to the hotel for any damages or loss incurred during the contract period, as long as the damage has not incurred within the hotel´s area of responsibility or is caused by a third party who actually pay damages, of which the client has to show proof.
12. The affixing of decorations or other such objects is not permitted without the hotel´s permission. Such objects must be in accordance with regional fire and police requirements. These are to be removed immediately, at the latest within 12 hours after the end of the event, otherwise will be placed in storage at the hotel, for which the client must pay a fee to the amount of the rent of the premises used.
13. Any necessary official permits for the event in question are to be acquired punctually by the client. It falls to the client to observe public regulations and any other specifications. Dues owed to third parties for the event in question, especially fees for the Performing Rights Society, entertainment tax etc., are to be paid by the client directly and immediately.
14. Should the hotel obtain technical or other such equipment from third parties on behalf of the client, does so on account of and to be billed to the client. The latter is liable for the careful handling and correct return of any equipment and releases the hotel from all claims of third parties which emit from the use of such items.
15. The client is strictly forbidden to bring own food and beverages to events.
16. Newspaper adverts or other Advertising efforts and Publications which refer to the hotel in any way and which for example include interview or event invitations, must be approved by the hotel in writing. Should a Publication take place without appropriate approval, and should essential hotel interests be impaired, then the hotel reserves the right to cancel the event. In such a case numeral 4 of the Terms and Conditions (Payment of rent and adequate reimbursement) apply in addition to the attachment thereof.
17. Booked rooms are availabe for guests use from 15:00 hrs and must be vacated by 12:00 hrs on the last day. If no agreement has been made for a later arrival, the hotel reserves the right to re-rent booked rooms after 18:00 hrs. The client has no right of hereby deriving a claim. The client does not acquire any right of availability of certain rooms or premises. Nevertheless, should certain rooms be assured by order confirmation, yet not be available, then the hotel is obliged to provide an equivalent substitute within the own or other premises.
18. Invoices with nos set deadline are due net within 10 days starting from the date of invoice. Default commences with receipt of the first payment reminder. As of this date, the invoice is payable with an addition of interest to the amount of 4% above the German Federal bank rate, if the hotel does not prove a higher or the client a lower damage caused by delay. A Payment-reminder fee of € 5,00 is payable for each Reminder after occurrence of delay.
19. Place of Fulfillment for both parties is the hotel location. Commercial Court of jurisdiction is Frankfurt am Main.
20. Differing or supplement agreements are required in writing to be effective. Should single contract terms -including our Terms and Conditions- be invalid, will not affect the validity of the remaining contractual terms. The parties involved will replace the invalid terms with such that are as close in meaning to those in question as possible.
Appendage to the Terms and Conditions
The hotel is entitled at present to the following fees for miscellaneous service provision according to Nr. 4 of these Terms and Conditions:
15. - 28. Day before the event: Rent Fee
8. - 14. Day before the event: Rent Fee and 30% compensation of missed turnover (food); if not precisely defined, then: Lowest banquet Menu-price x number of participants, applies.
up to 7. Days before the event: Rent Fee and 50% compensation for missed turnover (food); if not precisely defined, then: Lowest banquet Menu-price x number of participants, applies.
The rent fee is defined by the hotel´s order confirmation in accordance with Nr. 1.