GENERAL TERMS AND CONDITIONS OF THE HOTEL CONTRACT

1 SCOPE
1.1 These terms and conditions apply to contracts for the leasing of hotel rooms for accommodation as well as all related services provided by the hotel (hotel accommodation contract). The term "hotel accommodation contract" includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room contract.

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

1.3 General terms and conditions of the customer apply only if this has been expressly agreed.

 

2 ENTERING INTO CONTRACT, PARTNER, LIMITATION

2.1 Contractual partners are the hotel and the customer. The contract is entered into by the acceptance of the customer's request by the hotel. The hotel is free to confirm the room reservation in written form.

2.2 All claims against the hotel expire in principle one year from the statutory limitation period. This does not apply to claims for damages and other claims, provided that the latter is based on an intentional or grossly negligent breach of duty by the hotel.

3 SERVICES, PRICES, PAYMENT, BILLING

3.1 The hotel is obliged to keep the rooms reserved by the customer available and to provide agreed services.

3.2 The customer is obliged to pay the agreed or valid charges of the hotel for the room rental and the other services used by him. This also applies to services ordered by the customer directly or via the hotel, which are provided by third parties and provided by the hotel.

3.3 The agreed charges include the applicable taxes and local charges at the time the contract was entered. Not included are local taxes, which are owed by the guest according to the respective local law, such as visitor's tax. In the case of a change in statutory value added tax or the new introduction, modification or abolition of local taxes on the object of subject of the contract after the conclusion of the contract, the charges will be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between the conclusion of the contract and the fulfilment of the contract exceeds four months.

3.4 The hotel may consent to a subsequent reduction in the number of booked rooms, the hotel's service or the length of stay of the customer dependent on an increase in the price of the rooms and / or the hotel's other services.

3.5 Hotel invoices without a due date are payable within ten days of invoice receipt without deduction. The hotel may demand the immediate payment of due moneys from the customer at any time. In case of the customer’s default, legal terms 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, for example in the form of a credit card guarantee, from the customer upon entering into the contract. The amount of the advance payment and the payment dates can be agreed in written form in the contract. For prepayments or security for package tours, the statutory provisions remain unaffected. In case of default of the customer the legal regulations apply.

3.7 In justified cases, for example payment arrears by the customer or an extension of the contract scope, the hotel is entitled to, even after entering into the contract until the beginning of the stay, an advance payment or security in accordance with the above paragraph 3.6, or to an increase in the contractually agreed advance payment or security deposit up to the contractually agreed full charge.

3.8 The hotel shall also be entitled to demand from the customer, at the beginning and during the stay, a reasonable advance payment or security deposit in accordance with section 3.6 above for existing and future claims under the contract, if these have not already provided in accordance with section 3.6 and / or section 3.7 above.

3.9 The customer can only offset a charge or claim against an outstanding demand by the hotel in case of an undisputed or legally enforceable claim.

 

4 CANCELLATION BY THE CUSTOMER / NO CLAIM OF THE SERVICES OF THE HOTEL (NO SHOW)

4.1 A cancellation of the contract by the customer with the hotel is only possible if a right of cancellation has been expressly agreed in the contract, further legal right of cancellation exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of cancellation as well as the possible agreement to a contract cancellation should be made in written form.

4.2 If a penalty free cancellation period has been agreed between the hotel and the customer, the customer may withdraw from the contract until then without triggering payment or damage claims by the hotel. The customer's right of cancellation expires if he does not exercise his right to cancel the contract by the agreed date.

4.3 If a right of withdrawal has not been agreed/ no cancellation terms have been agreed, or has expired, there is no legal right to cancel, and if the hotel does not agree to a cancellation of the contract, the hotel reserves the right to the agreed remuneration despite non-utilisation of the service. If the hotel can re- let the room or sell other service, the income has to be offset against the cancellation charges. If the rooms cannot be re- let, the hotel may charge. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for overnight stays with or without breakfast as well as for packages including third-party services, 70% for half-board and 60% for full-board packages. The customer is free to prove that the aforementioned claim was not incurred or not to the required amount.

 

5 WITHDRAWAL BY THE HOTEL

5.1 If it has been 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 in the same period should there be inquiries from other customers regarding the contractually booked rooms, and the customer does not waive his right to cancel upon request by the hotel with a reasonable deadline.

5.2 If a pre-payment or security deposit was agreed /requested in accordance with clause 3.6 and / or clause 3.7 and has not been made after a reasonable period set by the hotel, the hotel is entitled to withdraw from the contract.

5.3 Furthermore, the hotel is entitled to withdraw from the contract for a materially justified reason, in particular if

  • Force majeure or other circumstances beyond the hotel's control render fulfilment of the contract impossible;
  • Rooms or rooms are booked under misleading or false information, or concealment of material facts; In doing so, the identity of the customer, the solvency or the purpose of the stay can be of crucial importance;
  • the hotel has reasonable cause to believe that the use of the service may jeopardize the smooth running of the business, the security or the reputation of the hotel, without this being attributable to the domain or organization of the hotel;
  • the purpose or occasion of the stay is unlawful;
  • there is a violation of 1.2 above.

5.4 The justified cancellation by the hotel does not constitute a claim by the customer for damages.

 

6 ROOM PROVISION, DELIVERY AND RETURN

6.1 The customer does not acquire a right to certain rooms unless this has been expressly agreed.

6.2 Booked rooms are available to the customer from 15:00 on the agreed arrival day. The customer has no right to an earlier check in.

6.3 On the agreed departure day, the rooms are to be vacated at the latest by 12 noon. Thereafter, the hotel may charge 50% of the full room rate (list price) until 6:00 pm due to a delayed departure, and from 6pm onwards 90%. This does not constitute contractual claims by the customer. He is free to prove that the hotel has incurred no or significantly reduced costs.

 

7 LIABILITY BY THE HOTEL

7.1 The hotel is liable for any damages resulting from injury to life, limb or health. Furthermore, it is 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 contractual obligations by the hotel. A breach of duty by the hotel is equal to that of a legal representative. Further claims for damages are excluded, unless otherwise stipulated in this clause 7. If the hotel is aware or is promptly made aware by the customer of any disruption to the services provided by the hotel, the hotel will make every effort to remedy the situation. The customer is obliged to reasonably contribute to remedy the disturbance and to minimize possible damage.

7.2 For items brought into the hotel, liability to the customer is in accordance with the legal provisions. The hotel recommends the use of the hotel or room safe. If the guest wishes to bring in money, securities and valuables worth more than € 800 or any items worth more than € 3,500, this will require a separate contractual agreement with the hotel.

7.3 If the customer is provided with a parking space in the hotel garage or on the hotel car park, chargeable or not, this does not constitute a contract. In the event of loss or damage to vehicles and their contents parked or moved on the hotel property, the hotel is only liable in accordance with section 7.1, sentences 1 to 4 above.

7.4 Wake-up calls are carried out by the hotel with the utmost care. Messages, mail and deliveries for guests are treated with care. The hotel will carry out the delivery, storage and - if desired - for a fee, the forwarding of the same. The hotel is liable only in accordance with the preceding section 7.1, sentences 1 to 4. 

 

8 FINAL PROVISIONS

8.1 Changes and additions to the contract, its acceptance or these general terms and conditions should be made in written form. Unilateral changes or additions by the customer are invalid.

8.2 Place of delivery and place of payment as well as exclusive place of jurisdiction - also for cheque and exchange disputes - is (commercially) Duderstadt. If a contracting party fulfils the requirements of § 38 (2) ZPO and has no legal of jurisdiction in Germany, Duderstadt is the place of jurisdiction.

8.3 German law applies. The application of the UN sales law and conflict of laws is excluded.

8.4 Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining terms. In addition, the statutory terms apply.

 

 

GENERAL TERMS AND CONDITIONS FOR TOUR OPERATORS (INDIVIDUAL TRAVELERS)

1 SCOPE AND DEFINITIONS

1.1 These terms and conditions apply to all contracts that are entered into between the hotel and a tour operator regarding hotel services for individual travellers and / or tour groups (hotel contract). They do not apply to bookings of rooms or room contingents for events such as meetings, seminars and/ or similar.

1.2 The term "hotel accommodation contract" includes or replaces the following terms: reservation contract, quota agreement, accommodation, guest reception, hotel and hotel room contract.

1.3 Hotel services are all services agreed between the tour operator and the hotel, and are to be rendered by the hotel, such as hotel rooms, meal packages and other offers.

1.4 The customers of the tour operator, for whom hotel services are booked, are below referred to as "individual travellers" or "tour groups" (also "guests"). A tour group consists of at least 15 persons who are uniformly grouped for a common purpose of travel and usually arrive or depart on the same days.

1.5 General terms and conditions of the tour operator apply only if this has been expressly agreed.

 

2 ENTERING INTO CONTRACT AND LIMITATION

2.1 The contract is entered into by the acceptance of the tour operator’s request by the hotel. The hotel is free to confirm the booking in writing.

2.2 All claims against the hotel expire in principle one year from the statutory limitation period. This does not apply to claims for damages and other claims, provided that the latter is based on an intentional or grossly negligent breach of duty by the hotel.

 

3 RIGHTS AND OBLIGATIONS OF THE TOUR OPERATOR

3.1 The tour operator is obliged to inform the hotel about a booking status as early as possible or on request. However, the hotel must be informed no later than 30 days before the day of arrival. At the same time, the hotel must be provided with all necessary information about requested hotel services in accordance with section 1.3.

3.2 The tour operator is obliged to pay the agreed, or, if nothing has been agreed, the official or usual prices of the hotel for its services according to section 1.3 and the additional services used by them. This also applies to services booked by the tour operator directly with or at the hotel which are provided by third parties and disbursed by the hotel.

3.3 Guests are only entitled to the hotel services according to section 1.3. The tour operator is obliged to inform its guests about these and is required at the request of the hotel that they provide adequate security, for example by depositing credit card guarantees for the possible use of additional services. This also applies to guests who are holders of a voucher. If, despite a request by hotel, no security is provided by the guest and the guest consequently does not pay, these services are to be paid by the tour operator.

3.4 The tour operator must inform its guests about all circumstances and conditions relevant for the stay, in particular about the hotel's liability according to section 8.

3.5 For all questions relating to the care of the tour operator's travel group, the tour operator will, if requested, name the contact person who represents the tour group.

4 RIGHTS AND OBLIGATIONS OF THE HOTEL

4.1 The hotel is entitled to demand from the tour operator a reasonable advance payment or security deposit, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed in written form in the contract. The hotel must confirm the receipt of a prepayment or security deposit.

4.2 In justified cases, for example payment arrears by the tour operator or an extension to the contract scope, the hotel is entitled to, even after entering into the contract up to the beginning of the stay, an advance payment or security deposit within the terms of the above paragraph 4.1 or an increase in the contractually agreed advance payment or security deposit up to the full agreed contract amount.

4.3 The hotel is not entitled to unilaterally make changes to the agreed hotel services. Changes are only effective with the consent of the tour operator.

4.4 The tour operator acquires no right to the provision of certain rooms, unless this has been expressly agreed.

4.5 Booked rooms are available to the tour operator from 15:00 on the agreed arrival day and is not entitled to an earlier check- in.

4.6 On the agreed departure day, rooms are to be vacated at the latest by 12 noon. Thereafter, the hotel may charge 50% of the full price of the room (list price) until 6:00 pm, due to the delayed departure, and up to 90% from 6pm onwards. Contractual claims by the tour operator are not justified by this. The tour operator is free to prove that the hotel has no or a much lower entitlement to user charges incurred.

 

5 PRICES, PAYMENT, OFFSET

5.1 The agreed prices include the taxes and local charges applicable at the time of conclusion of the contract, unless prices excluding VAT were expressly agreed. Not included are local taxes, which are due to the respective local law by the hotel guest itself, such as tourist tax. In the event of a change in the statutory sales tax or the introduction, modification or abolition of local taxes on the subject matter after the conclusion of the contract, prices will be adjusted accordingly.

5.2 The agreed prices apply exclusively in connection with other services, which are offered bundled to the end-customer in a service package. They may not be offered as individual prices for overnight stays (non-packages) in distribution channels (in particular online) to the end customer or third parties. The tour operator is obliged to bind all its other partners and intermediaries to this clause.

5.3 Invoices by the hotel without a due date are payable within ten days of invoice receipt without deduction. The hotel can demand the immediate payment of due moneys at any time from the tour operator. In case of default of payment, the legal terms apply. The hotel reserves the right to prove higher damages.

5.4 The tour operator can only offset a charge or claim against an outstanding demand by the hotel in case of an undisputed or legally enforceable claim.

5.5 Agreements for the possible payment of the commission (also "commission") are to be made either in the hotel accommodation contract or in an agreement to be entered into at the same time. If more than one tour operator is responsible for the same booking, the hotel has to pay the commission only once.

 

6 CANCELLATION BY THE TOUR OPERATOR / NO CLAIM OF THE SERVICE OF THE HOTEL (NO SHOW)

6.1 A cancellation of the contract entered into with the hotel by the tour operator is only possible if a right to cancel was expressly agreed in the contract, another legal right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as the possible agreement to a contract cancellation should be made in written form.

6.2 If a penalty free cancellation period has been agreed between the hotel and the tour operator, the tour operator can withdraw from the contract within that period, without triggering payment or damage claims by the hotel. The right of withdrawal by the tour operator expires if he does not exercise his right to withdraw from the hotel within the agreed period.

6.3 If a right of withdrawal has not been agreed or has already expired, there is no statutory right of withdrawal or termination, and if the hotel does not agree to a cancellation of the contract, it retains the right to the agreed remuneration despite non-use of the service. The hotel has to take into account the income from re- letting the rooms as well as the saved expenses. If the rooms are not re- let, the hotel may offset the charge with a deduction for expenses saved. In this case, the tour operator is obliged to pay at least 90% of the contractually agreed price for overnight stays with or without breakfast as well as for package arrangements with third-party services, 70% for half-board and 60% for full-board packages. The tour operator is free to prove that the above claim has not arisen or not to the requested amount.

 

7 WITHDRAWAL BY THE HOTEL

7.1 If it has been agreed that the tour operator can completely or partially withdraw from the contract free of charge within a certain period, the hotel is entitled to withdraw from the contract to the same extent within the same period if there are inquiries by third parties regarding the contractually booked rooms, and the customer does not waive his right to cancel upon request by the hotel with a reasonable deadline.

7.2 If an agreed prepayment or security deposit in accordance with Section 4.1 and / or Section 4.2 is not provided even after the expiry of a reasonable grace period set by the hotel, the hotel is also entitled to withdraw from the contract.

7.3 Furthermore, the hotel is entitled to withdraw from the contract for a materially justified reason, in particular if

• Force majeure or other circumstances for which the hotel is not responsible make fulfilment of the contract impossible;

• rooms or rooms are booked under misleading or false information, or concealment of material facts; the identity of the tour operator or the guest, the solvency or the purpose of the stay may be essential;

• the hotel has reason to believe that the use of the service may jeopardize the smooth running of the business, the security or the reputation of the hotel, without this being attributable to the hotel's area of control or organization;

• the purpose or occasion of the stay is unlawful.

7.4 The justified withdrawal of the hotel does not constitute a claim of the tour operator for damages.

 

8 LIABILITY OF THE HOTEL

8.1 The hotel is liable for any damage resulting from injury to the body, life or health. Furthermore, it is liable for other damages that result from an intentional or grossly negligent breach of duty by the hotel, or from an intentional or negligent breach of contractual obligations by the hotel. A breach of duty by the hotel is equal to that of a legal representative. Further claims for damages are excluded unless otherwise stipulated in this clause 8. In the event of any disruption of or defect to the services of the hotel, the hotel will make every effort to remedy the situation, if the tour operator or the guest raises the issue immediately. The tour operator or the guest is obliged to reasonably contribute to remedy the disturbance and to minimize any possible damage.

8.2 For items brought into the hotel, it is liable to the guest according to the legal terms. The hotel recommends the use of the hotel or room safe. If the guest wishes to bring in money, securities and valuables worth more than € 800, or any item worth more than € 3,500, this will require a separate contractual agreement with the hotel.

8.3 If the tour operator is provided with a parking space(s) in the hotel garage or on the hotel car park, chargeable or not, this does not constitute a contract. In the event of loss or damage to vehicles, and their contents, parked or moved on the hotel premises, the hotel is only liable in accordance with section 8.1, sentences 1 to 4 above.

8.4 Wake-up calls are carried out by the hotel with the utmost care. Messages, mail and goods deliveries for guests are handled with care. The hotel will carry out the delivery, storage and - if desired - for a fee the forwarding of the same. The hotel is liable only in accordance with the preceding section 8.1, sentences 1 to 4. 

 

9 FINAL PROVISIONS 

9.1 Changes and additions to the contract, its acceptance or these general terms and conditions should be made in written form. Unilateral changes or additions by the tour operator are invalid.

9.2 Place of delivery and place of payment as well as exclusive place of jurisdiction - also for cheque and exchange disputes - is (commercially) Duderstadt. If a contracting party fulfils the requirements of § 38 (2) ZPO and has no legal of jurisdiction in Germany, Duderstadt is the place of jurisdiction.

9.3 German law applies. The application of the UN sales law and conflict of laws is excluded. 

9.4 Should individual terms of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining terms. In addition, the statutory terms apply.

 

GENERAL TERMS AND CONDITIONS FOR EVENTS

1 SCOPE

1.1 These terms and conditions apply to contracts for the hire of the hotel conference, banquet and function rooms for the purpose of organizing events such as banquets, seminars, meetings, exhibitions and presentations etc., as well as for all related further services and products provided to the customer by the hotel.

1.2 The subletting or re-letting of the rooms, areas or display units as well as the invitation to interviews, sales or similar events require the hotel's prior consent in written form, whereby § 540 para. 1 sentence 2 BGB is waived, as far as the customer is not the consumer.

1.3 General terms and conditions of the customer apply only if this has been expressly agreed.

 

2 ENTERING INTO CONTRACT, PARTNERS, LIABILITY, LIMITATION

2.1 Contractual partners are the hotel and the customer. The contract is entered into by the acceptance of the customer's request by the hotel. The hotel is free to confirm the booking of the event in written form.

2.2 The hotel is liable for any damages resulting from injury to life, limb or health. Furthermore, it is liable for other damages that result from an intentional or grossly negligent breach of duty by the hotel, or on an intentional or negligent breach of contractual obligations by the hotel. A breach of duty by the hotel is equal to that of a legal representative. Further claims for damages, unless otherwise stipulated in clause 9, are excluded. In the event of any disruption of or defect to the services provided by the hotel, the hotel will make every effort to remedy the situation, if promptly notified by the customer. The customer is obliged to reasonably contribute to remedy the disturbance and to minimize possible damage. Furthermore, the customer is obliged to inform the hotel in good time about the possibility of exceptionally high damage.

2.3 All claims against the hotel expire in principle in one year from the statutory limitation period. This does not apply to claims for damages and other claims, provided that the latter is based on an intentional or grossly negligent breach of duty by the hotel.

 

3 SERVICES, PRICES, PAYMENT, BILLING

3.1 The hotel is obliged to provide the services ordered by the customer and promised by the hotel.

3.2 The customer is obliged to pay the agreed or applicable prices of the hotel for these and other services. This also applies to services ordered by the customer directly or via the hotel, which are provided by third parties and disbursed by the hotel. In particular, this applies to claims of copyright collecting societies.

3.3 The agreed prices include the taxes applicable at the time the contract was entered into. In the case of changes in the legal value added tax or the introduction, modification or abolition of local taxes on the subject matter after conclusion of the contract, the prices will be adjusted accordingly. For contracts with consumers, this only applies if the period between the entering into the contract and the delivery of the contract exceeds four months.

3.4 Invoices by the hotel without a due date are payable within ten days of receipt of the invoice without deduction. The hotel may demand the immediate payment of moneys due from the customer at any time. In case of default of the customer the legal regulations apply. The hotel reserves the right to prove higher damages.

3.5 The hotel is entitled to demand a reasonable advance payment or security deposit, for example in the form of a credit card guarantee, from the customer upon entering into the contract. The amount of the advance payment and the payment dates can be agreed in written form in the contract. In case of default by the customer the legal terms apply.

3.6 In justified cases, for example, payment arrears by the customer or extension of the scope of the contract, the hotel is entitled to, even after entering into the contract until the beginning of the event, an advance payment or security deposit within the terms of paragraph 3.5 above, or an increase in the contractually agreed advance payment or security deposit to the full agreed amount.

3.7 The customer can only offset a charge or claim against a demand by the hotel in case of an undisputed or legally enforceable claim.

 

4 CANCELLATION BY THE CUSTOMER

4.1 A withdrawal of the customer from the contract entered into with the hotel is only possible if a right of withdrawal has been expressly agreed in the contract, another legal right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as the possible agreement to a contract cancellation should be made in written form.

4.2 If penalty free cancellation period has been agreed between the hotel and the customer, the customer may withdraw from the contract within that period without triggering payment or damage claims by the hotel. The customer's right of withdrawal expires if he does not exercise his right to withdraw from the contract within the agreed period.

4.3 If a right of withdrawal has not been agreed or has already expired, there is also no statutory right to withdrawal or termination, and if the hotel does not agree to a cancellation of the contract, it retains the right to the agreed remuneration despite non-use of the service. The hotel has to take into account the income from re- letting the rooms as well as saved expenses. The expenses saved in each case can be calculated in accordance with sections 4.4, 4.5 and 4.6. The customer is free to prove that the claim does not equal the requested amount. The hotel is free to prove that a larger claim has arisen.

4.4 If the customer cancels between the 8th and the 4th week prior to the date of the event, the hotel is entitled to charge, in addition to the agreed hire cost, 35% of the lost food turnover, with later withdrawal incurring a charge of 70% of the food turnover.

4.5 The calculation of the food turnover follows the formula: agreed menu price times number of participants. If no price has yet been agreed for the food, the cost of the cheapest 3-course meal currently offered is used.

4.6 If a conference fee per participant has been agreed, the hotel is entitled to charge 60% of the conference fee times agreed number of participants in the event of a cancellation between the 8th and the 4th week prior to the event date.

 

5 WITHDRAWAL BY THE HOTEL

5.1 If it has been 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 in the same period, if there are inquiries from other customers for the contractually booked event rooms and the customer, on request by the hotel within a reasonable timeframe, has not waived his right to cancel.

5.2 If a prepayment or security deposit agreed or requested in accordance with clause 3.5 and / or clause 3.6 is not made even after expiry of a reasonable period of grace set by the hotel, the hotel is also entitled to withdraw from the contract.

5.3 Furthermore, the hotel is entitled to withdraw from the contract for a materially justified reason, in particular if

• Force majeure or other circumstances for which the hotel is not responsible make fulfilment of the contract impossible;

• events or rooms are booked with misleading or false information or concealment of material facts; In doing so, the identity of the customer, the solvency or the purpose of the stay can be of crucial importance;

• the hotel has reasonable cause to believe that the event may jeopardize the smooth running of the business, the security or the reputation of the hotel, without this being attributable to the property or organizational domain of the hotel;

• the purpose or cause of the event is unlawful;

• there is a violation of section 1.2.

5.4 The justified cancellation by the hotel does not constitute a claim by the customer for damages.

 

6 CHANGES TO THE PARTICIPANT NUMBERS AND EVENT TIME

6.1 An increase in the number of participants by more than 5% must be communicated to the hotel no later than five working days before the start of the event; it requires the consent of the hotel, which should be in written form. Billing is based on the actual number of participants, but at least 95% of the agreed larger number of participants. If the actual number of participants is lower, the customer has the right to reduce the agreed price by the additional costs saved by the smaller number of participants.

6.2 A reduction in the number of participants by more than 5% should be communicated to the hotel in good time, at the latest up to five working days before the start of the event. Billing is based on the actual number of participants, but at least 95% of the final agreed number of participants. Section 6.1 sentence 3 applies accordingly.

6.3 If the number of participants is reduced by more than 10%, the hotel is entitled to change the confirmed rooms, taking into account the possibly difference in room hire cost, 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 amendments, the hotel may reasonably charge for the additional service, unless the hotel is at fault.

 

7 BRINGING IN FOODS AND BEVERAGES

The customer may not bring their own food and beverages to events. Exceptions require an agreement with the hotel. In these cases, a financial contribution is to be made to cover overheads.
 

8 TECHNICAL EQUIPMENT AND CONNECTIONS

8.1 If the hotel procures technical and other equipment from third parties for the customer at their request, it acts on behalf of, under the authority of and for the account of the customer. The customer is responsible for the careful treatment and proper return. He exempts the hotel from 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. Disruptions or damage to the hotel's technical equipment caused by the use of these devices shall be charged to the customer, unless the hotel is responsible. The electricity costs arising from the use may be calculated and charged by the hotel.

8.3 The customer is entitled to, with the consent of the hotel, use its own telephone, fax and data transmission equipment. The hotel can charge a connection fee.

8.4 If suitable facilities provided by the hotel remain unused due to the connection of the customer's own facilities, a cancellation fee can be charged.

8.5 Disruptions to technical or other facilities 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.

 

9 LOSS OR DAMAGE TO ITEMS BROUGHT IN

9.1 Exhibition materials or other items, including personal items, are brought into the hotel at the customer’s risk, in the event rooms or in the remainder of the hotel. The hotel assumes no liability for loss, destruction or damage, including property damage, except in case of gross negligence or intent by the hotel. Exceptions are damages resulting from injury to life, limb or health. In addition, all cases in which the storage is a contractual obligation due to the circumstances of the individual case, are excluded from this indemnification.

9.2 The customers’ own decorative materials have to comply with fire protection regulations. The hotel is entitled to demand official proof for this. If such proof is not provided, then the hotel is entitled to remove already brought in materials at the expense of the customer. Due to potential damage, the installation of any items must be agreed with the hotel in advance.

9.3 Brought in exhibition materials or other items are to be removed immediately after the end of the event. If the customer fails to do so, the hotel may remove and store these at the expense of the customer. If the items remain in the function room, the hotel may charge a reasonable compensation for the duration of the room's retention.

 

10 LIABILITY BY THE CUSTOMER FOR DAMAGES

10.1 If the customer is a business, they are liable for all damage to buildings or inventory caused by event participants or visitors, employees, other third parties related to the event, or themselves.

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

 

11 FINAL PROVISIONS

11.1 Amendments and additions to the contract, its acceptance or these general terms and conditions should be made in written form. Unilateral alterations or additions by the customer are invalid.

11.2 Place of delivery and place of payment as well as exclusive place of jurisdiction - also for cheque and exchange disputes - is in commercially Duderstadt. If a contracting party fulfils the requirements of § 38 (2) ZPO and has no general place of jurisdiction in Germany, Duderstadt is the place of jurisdiction.

11.3 German law applies. The application of the UN sales law and conflict of laws is excluded.

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

 

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