T&Cs MICE - General Terms and Conditions for Events at Parkhotel Egerner Höfe

1. SCOPE OF APPLICATION

1.1. These terms and conditions apply to the temporary provision of the hotel’s conference, banquet and event rooms as well as display cases for the purpose of holding events such as conferences, banquets, seminars, meetings and other events, as well as to all additional services and deliveries provided by the hotel in connection therewith, in particular room bookings.

1.2. Deviating provisions, including those contained in the contractual partner’s general terms and conditions, shall not apply unless expressly acknowledged by the hotel in text form.

2. CONCLUSION OF CONTRACT, CONTRACTING PARTIES

2.1. The event contract (hereinafter referred to as the “Contract”) is concluded upon the customer’s acceptance of the offer submitted by the hotel. The parties to this Contract are the hotel and the customer. If the customer concludes the Contract in the name of a third party, then not the customer but the third party shall become the hotel’s contractual partner; the customer must specifically notify the hotel of this in good time before conclusion of the Contract and provide the hotel with the name and address of the actual contractual partner.

2.2. If the customer clearly concludes the Contract on behalf of the third party, or if the third party has engaged a commercial agent or organiser for the contractual handling, then the customer, agent or organiser shall be jointly and severally liable with the third party, who becomes the contractual partner, for all obligations arising from the Contract, provided the hotel has the corresponding declarations from the customer, agent or organiser. Irrespective of this, the customer is obliged to pass on all booking-relevant information, in particular these General Terms and Conditions, to the third party.

2.3. Subletting or re-letting the rooms, areas or display cases provided, as well as invitations to job interviews, sales events or similar events, require the hotel’s prior consent in text form.

3. SERVICES, PRICES, PAYMENTS, SET-OFF

3.1. The hotel is obliged to provide the ordered and promised services in accordance with these General Terms and Conditions.

3.2. The contractual partner is obliged to pay the hotel’s agreed or applicable prices for these services. This also applies to services and expenses incurred by the hotel vis-à-vis third parties in connection with the event and initiated by the contractual partner, in particular claims of collecting societies for copyright exploitation.

3.3. The agreed prices include the applicable statutory value-added tax. Should the VAT rate applicable to the contractual services increase or decrease 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 of the Contract and performance exceeds four months. If the period between conclusion of the Contract and the start of the event exceeds one year and the price generally charged by the hotel for the contractual services increases, the contractually agreed price may be increased appropriately, but by no more than 5%.

The hotel is entitled to increase prices if municipal levies (cultural promotion tax, visitor’s tax, etc.) are imposed on the holding of events. The price increase is limited to the cost of the levies stated above.

3.4. Unless expressly agreed otherwise, hotel invoices are payable immediately upon receipt without deduction. The hotel is entitled to declare accrued claims due at any time and demand immediate payment. In the event of default in payment, the hotel is entitled to charge default interest at a rate of 10% above the base interest rate for businesses and 5% above the base interest rate for consumers. The hotel reserves the right to prove greater damage. Once default in payment has occurred, the hotel may charge out-of-court reminder fees of €5.00 for each reminder.

3.5. Upon conclusion of the Contract, the hotel is entitled to require the contractual partner to provide a reasonable advance payment or security in the form of a credit card guarantee, a deposit or similar. The amount of the advance payment and its due date are set as follows:

Up to 30 days before the start of the event, 50% of the contract volume must be transferred to the hotel’s account or submitted by the method recorded in text form. For a booking of the Egerner Alm on a Friday or Saturday, we reserve the right to invoice a deposit of €5,000.00 six months before the start of the event.

3.6. In justified cases, e.g. payment arrears of the customer or extension of the scope of the Contract, the hotel is entitled, even after conclusion of the Contract and up until the start of the event, to require an advance payment or security within the meaning of paragraph 5 above, or to increase the advance payment or security agreed in the Contract up to the full agreed remuneration.

3.7. The contractual partner may only set off an undisputed or legally established claim against a claim of the hotel.

4. WITHDRAWAL BY THE CONTRACTUAL PARTNER, CANCELLATION

4.1. The contractual partner is only entitled to withdraw free of charge if this has been agreed in text form. Otherwise, the following conditions shall apply:

a) In the event of the contractual partner’s withdrawal from the reservation after conclusion of the Contract, cancellation is free of charge up to 180 days before the event. If less than 180 days remain, the hotel is entitled to charge cancellation fees.

b) The cancellation fees are staggered as follows:

up to 180 days before the start of the event, 100% free of chargeup to 90 days before the start of the event, 50% of the total contract volume*up to 30 days before the start of the event, 90% of the total contract volume*less than 30 days before the start of the event, 100% of the total contract volume*

* Of the contractually agreed amount for the event, in particular for the provision of the event rooms, hotel rooms, display cases as well as food and beverages.

4.2. The above provisions on cancellation fees shall apply accordingly if the contractual partner does not make use of the booked services without informing the hotel in due time.

4.3. If the hotel has granted the contractual partner an option to withdraw from the Contract within a specified period without further legal consequences, the hotel shall not be entitled to claim cancellation fees. The decisive factor for timeliness of the notice of withdrawal is its receipt by the hotel. The contractual partner must declare the withdrawal in text form.

5. WITHDRAWAL BY THE HOTEL

5.1. If the contractual partner has been granted a free right of withdrawal pursuant to Section IV paragraph 3, the hotel is likewise entitled to withdraw from the Contract within the agreed period.

5.2. If an agreed advance payment or security is not provided on time, the hotel is entitled to withdraw from the Contract. In addition, the hotel may claim damages for non-performance.

5.3. Furthermore, the hotel is entitled to withdraw from the Contract for good cause, in particular if

force majeure or other circumstances for which the hotel is not responsible make performance of the Contract impossible;the hotel must be closed;events are booked under misleading or false statements of material facts, e.g. regarding the organiser or purpose;the hotel has justified cause to assume that the event may jeopardise 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 organisation;there is an unauthorised subletting or re-letting within the meaning of Section II paragraph 3;a case under Section VI paragraph 3 exists;the hotel becomes aware of circumstances indicating that the contractual partner’s financial situation has deteriorated significantly after conclusion of the Contract, in particular if the guest does not settle due claims of the hotel or does not provide sufficient security and therefore the hotel’s payment claims appear to be at risk;the contractual partner has filed an application to open insolvency proceedings over their assets, has submitted a statement of assets pursuant to § 802 c of the German Code of Civil Procedure, has initiated out-of-court debt settlement proceedings or has suspended payments;insolvency proceedings are opened over the contractual partner’s assets or the opening of such proceedings is rejected for lack of assets.

5.4. The hotel must inform the contractual partner without undue delay in text form of the exercise of the right of withdrawal.

5.5. In the aforementioned cases of withdrawal, the contractual partner shall have no claim for damages.

6. ARRIVAL AND DEPARTURE

6.1. The contractual partner acquires no entitlement to the provision of specific rooms unless the hotel has confirmed the provision of specific rooms in text form.

6.2. Booked rooms are available to the contractual partner from 3.00 pm on the agreed arrival date. The contractual partner has no entitlement to earlier availability unless this has been agreed with the hotel in text form.

6.3. On the agreed departure date, the rooms must be vacated and made available to the hotel by 12.00 noon at the latest. Thereafter, the hotel may charge the day-use room rate for the additional use of the room until 6.00 pm, and from 6.00 pm 100% of the full valid lodging rate, in addition to any damage thereby incurred by the hotel.

6.4. The contractual partner acquires no entitlement to the provision of specific rooms unless the hotel has confirmed the provision of specific rooms in text form.

7. CHANGES IN THE NUMBER OF PARTICIPANTS FOR EVENTS, EVENT TIMES AND NO-SHOWS

7.1. The contractual partner is obliged to state the expected number of participants when placing the order. The final number of participants must be communicated to the hotel in text form no later than fourteen working days before the event date to ensure careful preparation. A change in the number of participants by more than 5% requires the hotel’s consent.

7.2. When calculating services that the hotel charges according to the number of registered persons (such as hotel rooms, food and beverages), if the reported and contractually agreed number of participants increases, the actual number of persons will be charged. In the event of a reduction in the contractually agreed number of participants by more than 5%, the hotel is entitled to invoice the contractually agreed number of participants less 5%.

7.3. If the number of participants is reduced by more than 10%, the hotel is entitled to increase the agreed prices appropriately and to change the confirmed rooms, unless this is unreasonable for the contractual partner. The hotel may also change the prices if the contractual partner subsequently requests changes in the number of participants, the hotel’s service or the duration of the event and the hotel agrees to this. If a separable part of a booked event is not utilised, the hotel may demand reasonable compensation for the part not called off in accordance with the provisions of Section IV paragraph 1 a) and b).

7.4. The contractual partner is free to prove that the hotel saved a higher proportion of expenses.

7.5. If the agreed start and end times of the event are shifted without the hotel’s prior consent in text form and the hotel agrees to these deviations, the hotel may charge additional costs for maintaining operational readiness in accordance with § 315 BGB, unless the hotel is responsible for the shift in times.

7.6. For events continuing beyond 11.00 pm, the hotel may, unless otherwise agreed, charge personnel expenses from that time onwards based on individual proof. Furthermore, the hotel may also re-charge employees’ travel costs based on individual proof if they have to make their way home after public transport has ceased operations.

7.7. If one of the event guests fails to arrive, the hotel is entitled to charge 90% of the agreed price (overnight stay, breakfast, conference package).

8. BRINGING FOOD AND BEVERAGES

The hotel exclusively provides food and beverages for events. Exceptions require an agreement in text form. In such cases, the hotel is entitled to charge a service fee in accordance with § 315 BGB to cover overhead costs. The contractual partner bears full liability for the health safety of the food and beverages brought in and shall indemnify the hotel in this respect against any claims by third parties.

9. HANDLING OF THE EVENT

9.1. Insofar as the hotel procures technical and other equipment from third parties for the contractual partner at the latter’s request, it acts in the name of, with authority from, and for the account of the contractual partner. The contractual partner is liable for careful handling and proper return. The contractual partner shall indemnify the hotel against all claims by third parties arising from the provision of such equipment.

9.2. The use of the customer’s or organiser’s own electrical systems and equipment using the hotel’s electricity network requires the hotel’s prior consent in text form. Disruptions or damage to the hotel’s technical systems caused by the use of such equipment shall be borne by the contractual partner unless the hotel is responsible for them. The hotel may record and charge the electricity costs arising from such use at a flat rate.

9.3. With the hotel’s consent, the contractual partner is entitled to use its own telephone, telefax and data transmission facilities. The hotel may charge connection and communication fees for this. If corresponding hotel facilities remain unused due to the connection of the contractual partner’s own facilities, appropriate compensation for loss of use may be charged.

9.4. The hotel will endeavour to remedy disruptions to technical or other facilities provided by the hotel without delay upon immediate notice by the contractual partner. Payments may not be withheld or reduced insofar as the hotel is not responsible for such disruptions.

9.5. The contractual partner must obtain at its own expense any official permits that may be required for the execution of the event. The contractual partner is responsible for compliance with such permits as well as all other public-law regulations in connection with the event. If the contractual partner entrusts third parties with the provision of services within the scope of the event (such as set-up work, etc.), the contractual partner must ensure compliance with all relevant occupational health and safety regulations.

9.6. The contractual partner is solely responsible for handling the formalities and settlements required for self-arranged music performances and sound reinforcement with the responsible institutions (e.g. GEMA).

9.7. The contractual partner may use the hotel’s name and trademarks in advertising its event only after prior coordination with the hotel.

10. ITEMS BROUGHT IN

10.1. Exhibition items brought in or personal belongings of the organiser, its visitors, guests, employees, etc. are at the organiser’s risk in the hotel or the event rooms. The hotel assumes no duty of supervision or safekeeping. The hotel accepts no liability for loss, destruction or damage except in cases of gross negligence or wilful intent on the part of the hotel. Excluded from this are damages arising from injury to life, body 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 disclaimer of liability.

10.2. Decoration material brought in must comply with fire safety regulations. The hotel is entitled to require official proof thereof. If such proof is not provided, the hotel is entitled to remove material already brought in at the customer’s expense. Due to possible damage, the installation and attachment of items must be coordinated with the hotel in advance.

10.3. Exhibition or other items brought in must be removed immediately after the end of the event. The hotel may remove and store left-behind items at the contractual partner’s expense. If removal requires disproportionately high effort, the hotel may leave the items in the event room and charge the respective room rental for the duration of their stay. The contractual partner reserves the right to prove lower damage, and the hotel reserves the right to prove higher damage.

10.4. Packaging material (cardboard, crates, plastic, etc.) accruing in connection with the delivery of the event by the contractual partner or third parties must be disposed of by the contractual partner. If the organiser leaves packaging material at the hotel, the hotel is entitled to dispose of it at the contractual partner’s expense.

11. LIABILITY AND OTHER OBLIGATIONS OF THE CONTRACTUAL PARTNER

11.1. The contractual partner is liable for all damage to the building or inventory caused by event participants or visitors, employees, other third parties from its sphere, or by the contractual partner itself or its legal representatives and vicarious agents.

11.2. To safeguard against possible claims for damages, the hotel may require the contractual partner to provide appropriate security (e.g. insurance, deposits, guarantees).

11.3. The organiser must ensure that any waste is properly disposed of in accordance with the relevant legal provisions on separation and other treatment. In the event of a breach, the hotel is entitled to charge the organiser for the costs of disposal and any special cleaning of the rooms that may be connected with it.

11.4. The use of external security services requires the hotel’s prior written consent.

11.5. Photographic recordings for commercial purposes may only be made at the hotel with its prior consent in text form.

12. LIABILITY OF THE HOTEL, LIMITATION PERIOD

12.1. Should disruptions or defects occur in the hotel’s services, the hotel will endeavour to remedy them upon immediate notice by the contractual partner. If the contractual partner culpably fails to notify the hotel of a defect, no claim for a reduction of the contractually agreed remuneration shall arise.

12.2. The hotel is liable in accordance with statutory provisions for all damage resulting from injury to life, body and health, as well as in the event of the assumption of a guarantee by the hotel and in the case of defects fraudulently concealed.

12.3. For all other damage not covered by Section XII paragraph 2 and caused by slight negligence on the part of the hotel, its legal representatives or its vicarious agents, the hotel shall only be liable if such damage is attributable to a breach of a typical contractual obligation. In such cases, liability is limited to the foreseeable damage typical of the contract.

12.4. The above limitations of liability apply to all claims for damages irrespective of their legal basis, including claims arising from tort. The above limitations and exclusions of liability also apply in cases of any claims for damages by a contractual partner against employees or vicarious agents of the hotel.

12.5. The hotel is liable to the contractual partner for items brought in in accordance with statutory provisions. The hotel recommends making use of the option of storage in the room safe or the central hotel safe.

12.6. Insofar as the contractual partner is provided with a parking space in the hotel garage or on a hotel car park, even for a fee, this does not constitute a safekeeping agreement. The hotel has no duty of supervision. The hotel is not liable for loss of or damage to motor vehicles parked or manoeuvred on the hotel premises and their contents unless the hotel is guilty of wilful intent or gross negligence. This also applies to the hotel’s vicarious agents. The damage must be asserted against the hotel no later than upon leaving the hotel premises.

12.7. Wake-up calls are carried out by the hotel with the greatest care. Claims for damages are excluded except in cases of gross negligence or wilful intent.

12.8. Messages, post and consignments of goods for the contractual partner and the participants of the event are handled with care. The hotel undertakes delivery, storage and, upon request, forwarding of the same for a fee, as well as, upon request, the handling of lost property. Claims for damages are excluded except in cases of gross negligence or wilful intent. After a storage period of no later than one month, the hotel is entitled to hand over the aforementioned items to the local lost property office against payment of an appropriate fee.

12.9. Claims for damages by the contractual partner shall become time-barred no later than two years from the point in time at which the contractual partner becomes aware of the damage or, irrespective of such knowledge, no later than three years from the damaging event. This does not apply to liability for damage resulting from injury to life, body or health, nor to other damage based on an intentional or grossly negligent breach of duty by the hotel, a legal representative or a vicarious agent of the hotel.

13. FINAL PROVISIONS

13.1. Amendments or additions to the Contract, the acceptance of the application or these General Terms and Conditions for Events should be made in text form. Unilateral amendments or additions by the contractual partner are ineffective.

13.2. The place of performance and payment is the hotel’s registered office.

13.3. The place of jurisdiction is the hotel’s registered office. If the hotel’s contractual partner has no general place of jurisdiction within Germany, the hotel’s registered office shall be the place of jurisdiction. However, the hotel is also entitled to bring actions and other legal proceedings at the contractual partner’s general place of jurisdiction. The hotel is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

13.4. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

13.5. Should individual provisions of these General Terms and Conditions for Events 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.

Rottach-Egern, November 2022