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Legal
General Terms and Conditions
General Terms and Conditions for Events at Hotel Diehlberg
I. Scope of application
- These terms and conditions apply to contracts for the rental of conference, banquet and event rooms of the Hotel Diehlberg to the customer for the organization of events such as banquets, seminars, conferences, etc. as well as for all other related services and deliveries of the hotel.
- The subletting or re-letting of the rooms or areas provided requires the prior consent of the hotel in text form, whereby § 540 paragraph 1 sentence 2 BGB is waived.
- The customer's terms and conditions shall only apply if this has been expressly agreed in advance in text form.
- The customer within the meaning of these terms and conditions is the organizer within the scope of the contracts agreed in accordance with section 1.
II Conclusion of contract, contract partners; liability, statute of limitations
- The contract is concluded upon acceptance of the customer's application by the hotel. If the hotel makes the customer a binding offer, the contract is concluded when the customer accepts the hotel's offer. The hotel is at liberty to confirm the contractual agreement in text form.
- The contractual partners are the hotel and the customer. If the customer/orderer is not the organizer himself or if a commercial agent or organizer is engaged by the organizer, the organizer 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 customer or the organizer.
- In the event of damage caused, the hotel and/or its operator shall be liable for intent and gross negligence - including that of its vicarious agents - in accordance with the statutory provisions. The same applies to negligently caused damage resulting from injury to life, limb or health. In the event of damage to property and financial loss caused by negligence, the hotel and/or its operator and its vicarious agents shall only be liable in the event of a breach of a material contractual obligation, but limited in amount to the damage foreseeable at the time of conclusion of the contract and typical for the contract; material contractual obligations are those whose fulfillment characterizes the contract and on which the customer may rely. Should disruptions or defects occur in the hotel's services, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to do what can reasonably be expected of him to remedy the disruption and minimize any possible damage, and to notify the hotel immediately of any disruption or damage.
- All claims of the customer or the third party against the hotel shall become time-barred 1 year from the beginning of the regular limitation period dependent on knowledge within the meaning of § 199 para. 1 BGB. However, claims for damages against the hotel shall become statute-barred at the latest 3 years from the breach of duty, depending on knowledge, and at the latest 10 years from the breach of duty, regardless of knowledge. These reductions of the limitation period do not apply:
- for claims based on intent or gross negligence on the part of the hotel - including its vicarious agents.
- in the event of negligently caused damage arising from injury to life, limb or health.
- The shortened limitation periods do not apply to negligently caused property damage and financial loss in the event of a breach of a material contractual obligation. Material contractual obligations are those whose fulfillment characterizes the contract and on which the customer may rely.
III Services, prices, payments, offsetting
- The hotel is obliged to provide the services ordered by the customer and promised by the hotel.
- The customer is obliged to pay the agreed or the hotel's usual prices for these and other services used. This also applies to services and expenses of the hotel to third parties arranged by the customer, in particular also to claims of copyright collecting societies.
- 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 fulfillment of the contract exceeds 4 months.
- Hotel invoices without a due date are payable in full within 10 calendar days of receipt of the invoice. The hotel is entitled to declare accrued receivables due at any time and to demand immediate payment. In the event of late payment, the hotel shall be entitled to charge the applicable statutory default interest currently amounting to 9 percentage points above the base interest rate or, in the case of legal transactions involving a consumer, 5 percentage points above the base interest rate. In addition, the hotel may charge a fee of €5 per reminder in the event of default. The hotel reserves the right to prove and assert higher damages.
- The hotel is entitled to demand a reasonable advance payment at any time. The amount of the advance payment and the payment dates may be agreed in text form in the contract.
- The customer may only offset or reduce a claim of the hotel with an undisputed or legally binding claim.
- The customer agrees that the invoice may be sent to him electronically.
IV. Withdrawal by the customer (cancellation) / non-utilization of the hotel's services (no show)
- The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract or in these GTC, if another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract.
- If the hotel and the customer have agreed on a date for a cost-free withdrawal from the contract, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer's right of withdrawal expires if he does not exercise his right of withdrawal vis-à-vis the hotel by the agreed date.
- If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination and if the hotel does not agree to a termination of the contract, the hotel shall retain the claim to the agreed remuneration despite non-utilization of the service. The hotel shall offset the income from renting the rooms to other parties as well as the expenses saved.
- Unless other cancellation conditions have been agreed, the following cancellation scale applies:
Period until the event | Cancellation fee |
---|---|
Until 30 days (18 h) | 100% refund of the full booking amount |
Until 15 days (18 h) | 50% refund of the full booking amount |
Until 7 days (6 pm) | 25% refund of the full booking amount |
Afterwards | Full booking amount will be charged |
V. Cancellation by the hotel
- If it has been agreed that the customer can withdraw from the contract free of charge within a certain period, the hotel is also entitled to withdraw from the contract free of charge during this period if there are inquiries from other customers about the contractually booked rooms/conference offers and the customer does not waive his right to withdraw from the contract within 2 weeks of being asked by the hotel.
- If an agreed advance payment or an advance payment demanded in accordance with III. clause 5 is not made even after a reasonable grace period of 5 working days set by the hotel has expired, the hotel is also entitled to withdraw from the contract.
VI Changes to the number of participants, event time and seating arrangements
- In the event of an upward deviation, the actual number of participants will be charged.
- In the event of deviations in the number of participants of more than 10% upwards or downwards, the hotel is unilaterally entitled to redetermine the agreed prices and to exchange the confirmed rooms, unless this is unreasonable for the customer in individual cases.
- 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 its additional readiness to provide services, unless the hotel is at fault in this respect.
- Changes to the contractually agreed seating arrangements may be made free of charge up to 48 hours before the start of the event. After this time, the hotel reserves the right to demand compensation for the change, which can also be agreed verbally between the contracting parties.
VII Bringing food and beverages
The customer may not bring food and drinks to events. Exceptions require prior agreement in text form with the hotel. In such cases, a reasonable contribution to cover overheads will be charged.
VIII Technical equipment and connections
- Insofar as the hotel procures technical or other facilities/equipment from third parties for the customer at the customer's request, it shall act in the name of, on behalf of and for the account of the customer. The customer shall be liable for the careful handling and proper return of the equipment. He shall indemnify the hotel comprehensively against all third-party claims arising from the provision of these facilities/equipment.
- The use of the customer's own electrical equipment using the hotel's electricity network requires the hotel's prior consent in text form. Any malfunctions or damage to the hotel's technical equipment caused by the use of these devices shall be borne by the customer, unless the hotel is responsible for them. The hotel may record and charge a flat rate for the electricity costs arising from the use of such equipment.
- With the prior written consent of the hotel, the customer is entitled to use his own telephone, fax and data transmission equipment. The hotel may charge a reasonable connection fee for this.
- If suitable facilities/equipment of the hotel remain unused due to the connection of the customer's own equipment, a reasonable compensation for loss may be charged in this respect.
- 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.
IX. Loss of or damage to items brought onto the premises
- Any exhibits or other (including personal) items brought into the event rooms or hotel are at the customer's own risk. The customer shall not be granted key authority. The hotel accepts no liability for loss, destruction or damage, 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.
- Should the customer wish to send event equipment or materials to the hotel in advance, this shall require the hotel's express consent. Depending on the type, duration and scope, the hotel reserves the right to demand a reasonable expense allowance for this, to which the customer must agree in advance.
- Any exhibits 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 such items at the customer's expense.
X. Liability of the customer for damages
- The customer is liable for all damage to the building or the hotel caused by event participants or visitors, employees, other third parties from his area or himself. If the customer is an entrepreneur, he shall be liable irrespective of any proof of fault on the part of the hotel; a consumer shall only be liable in the event of fault.
- The hotel may at any time require the customer to provide appropriate security (e.g. insurance, deposits, guarantees, etc.).
XI. Information for consumers on the EU consumer arbitration board
In accordance with the legal obligation, the hotel points out that the European Union has set up an online platform for the out-of-court settlement of consumer disputes ("ODR platform"): ec.europa.eu/consumers/odr However, the hotel does not participate in dispute resolution proceedings before consumer arbitration boards.
XII Final provisions
- 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 customer are invalid.
- The place of fulfillment and payment as well as the exclusive place of jurisdiction - also for check and bill of exchange disputes - for commercial transactions is Cologne. If a contractual partner fulfills the requirements of § 38 paragraph 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.
- German law shall apply exclusively. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
- Should individual provisions of these General Terms and Conditions for Events be invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.
10/2024