General Terms and Conditions for Events

1. Scope of application
1.1 These terms and conditions apply to contracts for the rental of conference, banqueting and event rooms of the hotel for the organisation of events such as banquets, seminars, conferences, exhibitions and presentations etc. as well as to all other services and deliveries provided by the hotel for the customer in this context. The subletting or re-letting of the rooms, areas or showcases provided as well as invitations to interviews, sales or similar events require the prior consent of the hotel in text form, whereby § 540 para. 1 sentence 2 BGB is waived insofar as the customer is not a consumer.
1.2 The customer’s general terms and conditions shall only apply if this has been expressly agreed in advance.

2. Conclusion of contract, contractual partners, liability, statute of limitations
2.1 The contractual partners are the hotel and the customer. The contract is concluded upon acceptance of the customer’s application by the hotel. The hotel shall be at liberty to confirm the booking of the event in text form and shall be liable for damages for which it is responsible arising from injury to life, limb or health. Furthermore, it is liable for other damages resulting from an intentional or grossly negligent breach of duty by the hotel or from an intentional or negligent breach of typical contractual obligations by the hotel. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. Further claims for damages, insofar as not otherwise regulated in Clause 9, are excluded. Should disruptions or defects occur 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 obliged to make reasonable efforts to remedy the disruption and minimise any possible damage. In addition, the customer is obliged to inform the hotel in good time of the possibility of the occurrence of exceptionally high damages.
2.2 All claims against the hotel are generally subject to a limitation period of one year from the commencement of the statutory limitation period. This does not apply to claims for damages and other claims, insofar as the latter are based on an intentional or grossly negligent breach of duty by the hotel.

3. Services, prices, payment, offsetting
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 hotel’s agreed or applicable prices for these and other services utilised. 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 also applies to claims of copyright collecting societies.
3.3 The agreed prices include the taxes applicable at the time the contract is concluded.
In the event of changes to the statutory value added tax or the introduction, amendment or abolition of local taxes on the object of performance after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between conclusion of the contract and fulfilment of the contract exceeds four months.
3.4 Hotel invoices without a due date are payable in full within fourteen days of invoicing. The hotel may demand immediate payment of due claims from the customer at any time. The statutory provisions shall apply if the customer is in default of payment. The hotel reserves the right to provide evidence of 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 conclusion of the contract. The amount of the advance payment and the payment dates may be agreed in text form in the contract. The statutory provisions shall apply if the customer is in default of payment.
3.6 In justified cases, for example if the customer is in arrears with payment or if the scope of the contract is extended, the hotel shall be entitled, even after conclusion of the contract up to the start of the event, to demand an advance payment or security deposit within the meaning of clause 3.5 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
3.7 The customer may only offset or set off an undisputed or legally enforceable claim against a claim of the hotel.

4. Withdrawal by the customer (cancellation)
4.1 The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal and any consent to the cancellation of the contract must be made in text form.
4.2 If the hotel and the customer have agreed on a date for a cost-free cancellation of the contract, the customer may cancel the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer’s right of cancellation shall expire if he does not exercise his right of cancellation vis-à-vis the hotel by the agreed date.
4.3 If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or cancellation and the hotel does not agree to a cancellation of the contract, the hotel shall retain the claim to the agreed remuneration despite non-utilisation of the service. The hotel must offset the income from renting the rooms to other parties as well as the expenses saved. The expenses saved in each case may be calculated as a lump sum in accordance with Sections 4.4, 4.5 and 4.6. The customer is at liberty to prove that the claim did not arise or did not arise in the amount claimed. The hotel is at liberty to prove that a higher claim has arisen.
4.4 If the customer cancels by the 8th week before the date of the event, the hotel is entitled to charge 20% of the lost food sales in addition to the agreed rental price. Between the 8th and the 4th week before the date of the event, the hotel is entitled to charge 35% of the lost food turnover in addition to the agreed rental price, from 4 weeks to 1 week before the date of the event 70%, and 100% of the food turnover for any later cancellation.
4.5 The calculation of food sales is based on the formula: Agreed menu price 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 shall be used as a basis.
4.6 If a conference flat rate per participant has been agreed, the hotel is entitled to charge 30% of the conference flat rate and hotel room x agreed number of participants in the event of cancellation between the 4th and 3rd week before the date of the event, 80% in the event of cancellation up to 1 week before the date of the event and 100% in the event of any later cancellation.

5. Cancellation by the hotel
5.1 If it has been agreed that the customer may withdraw from the contract free of charge within a certain period of time, the hotel is entitled to withdraw from the contract during this period if there are enquiries from other customers regarding the contractually booked event rooms and the customer does not waive his right of withdrawal upon enquiry by the hotel within a reasonable period of time.
5.2 If an advance payment or security deposit agreed or demanded in accordance with Clause 3.5 and/or Clause 3.6 is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.
5.3 Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, 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 culpably booked with misleading or false information or concealment of material facts; the identity of the customer, solvency or the purpose of the stay may be material;the hotel has reasonable grounds to believe that the event may jeopardise the smooth running of the business, the security or the reputation of the hotel in public, without this being attributable to the hotel’s sphere of control or organisation;the purpose or occasion of the event is unlawful;there is a breach of section 1.2. the purpose or occasion of the event is unlawful; there is a breach of Clause 1.2.
5.4 The justified cancellation of the hotel does not constitute a claim for damages on the part of the customer.

6. Changes to the number of participants and the time of the event
6.1 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 consent of the hotel, which should be given in text form. Invoicing shall 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 as a result of the lower 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 five working days before the start of the event. Invoicing shall be based on the actual number of participants, but at least 95% of the ultimately agreed number of participants. Clause 6.1 sentence 3 applies accordingly.
6.3 If the number of participants is reduced by more than 10%, the hotel shall be entitled to exchange the confirmed rooms, taking into account any difference in the room hire charge, 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 deviations, the hotel may charge a reasonable fee for the additional readiness to perform, unless the hotel is at fault.

7. Bringing food and beverages
7.1 The customer may not bring food and beverages to events. Exceptions require an agreement with the hotel. In such cases, a contribution to cover overheads will be charged.

8. Technical equipment and connections
8.1 Insofar as the hotel procures technical and other equipment from third parties for the customer at the customer’s request, it acts in the name of, on the authorisation of and for the account of the customer. The customer is liable for the careful handling and proper return of the equipment. The customer shall indemnify the hotel against all third-party claims arising from the provision of such equipment.
8.2 The use of the customer’s own electrical equipment utilising the hotel’s electricity network requires the hotel’s consent. Any faults or damage to the hotel’s technical equipment caused by the use of such equipment shall be borne by the customer, unless the hotel is responsible for such faults or damage. The hotel may record and charge a flat rate for the electricity costs arising from the use of such equipment.
8.3 With the hotel’s consent, the customer is authorised to use his own telephone, fax and data transmission equipment. The hotel may charge a connection fee for this.
8.4 If suitable hotel equipment remains unused due to the connection of the customer’s own equipment, a cancellation fee may be charged.
8.5 Faults in technical or other equipment provided by the hotel will be rectified immediately if possible. Payments may not be withheld or reduced insofar as the hotel is not responsible for these faults.

9. Loss of or damage to items brought along
9.1 Any exhibition or other items, including personal items, brought into the event rooms or the hotel are at the customer’s risk. The hotel accepts no liability for loss, destruction or damage, including for financial losses, except in cases of gross negligence or intent on the part of the hotel. Excluded from this are damages resulting from injury to life, limb or health. In addition, all cases in which safekeeping is a typical contractual obligation due to the circumstances of the individual case are excluded from this exemption from liability.
9.2 Any decoration material brought into the hotel must comply with fire safety 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 installation and attachment of objects must be agreed with the hotel in advance.
9.3 Any exhibits or other items brought into the hotel 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 an appropriate compensation for use for the duration of the room being withheld.

10. Liability of the customer for damage
10.1 If the customer is an entrepreneur, he is liable for all damage to buildings or inventory caused by event participants or visitors, employees, other third parties from his area or himself.
10.2 The hotel may require the customer to provide an appropriate security deposit, for example in the form of a credit card guarantee.

11. Final provisions
11.1 Amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions shall be made in text form. Unilateral amendments or additions by the customer are invalid.
11.2 The place of fulfilment and payment as well as the exclusive place of jurisdiction – also for disputes relating to cheques and bills of exchange – is Frankfurt am Main in commercial transactions. If a contractual partner fulfils the requirements of Section 38 (2) ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be Frankfurt am Main.
11.3 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.
11.4 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.

Maingau Hotel and Restaurant Otto Stels & Co (as at February 2021