1.the contract shall be concluded by the hotel’s confirmation of the order with the customer (uniform designation for orderer, organiser, guest, etc.). Only these terms and conditions shall form part of the contract; they shall apply to all services provided by the hotel, in particular to the provision of hotel rooms, conference rooms, banquet rooms and other premises of the hotel (hereinafter referred to comprehensively as: provision of services). Any terms and conditions of the customer shall not be recognised.
If a third party has placed an order for a customer, he shall be liable to the hotel together with the customer as joint and several debtors. The hotel may demand a reasonable advance payment from the customer and/or the third party. Subletting or reletting requires the written consent of the hotel. 2.

2.the prices shall be determined in accordance with the price list in effect at the time the services are rendered. If fixed prices are stated in the order confirmation and if more than six months elapse between the conclusion of the contract and the provision of services, the hotel shall be entitled to make price changes. If a minimum turnover has been agreed and this is not achieved, the hotel may demand 60% of the difference as lost profit, unless the customer proves a lower or the hotel proves a higher lost profit. 3.

3.reservations – including those in favour of a customer who is a tour operator – which initially bind only the hotel (options) shall be converted into firm bookings if the customer does not declare his withdrawal from the reservation within the period provided for in the reservation contract. If no deadline has been agreed, the withdrawal may be declared at the latest 6 weeks before the start of the service provision (received by the hotel in writing). 4.

4.the agreed remuneration shall be paid for booked or rented rooms even if the booking is cancelled later (§ 552 BGB). The hotel’s saved expenses amount to 10% of the agreed price for overnight accommodation with or without breakfast, 40% for meals and drinks, and 25% for flat-rate agreements (accommodation plus meals in one sum). For other service provision (i.e. for conference, banquet and other rooms, for additional services, in particular catering = events), the time of cancellation shall determine the amount of the hotel’s claim to reasonable remuneration. This results from the order confirmation of the hotel as well as the appendix to these terms and conditions; expenses saved in the provision of other services are thereby compensated. The customer shall have the right to prove a lower loss, and the hotel shall have the right to prove a higher loss. 5.

5.for other services pursuant to clause 4, the customer shall inform the hotel of the number of participants – within the limits of the hotel’s actual capacity – no later than two working days (48 hours) before the date on which the services are to be provided. If fewer participants arrive than agreed, the customer shall make payment according to the number notified, at the latest according to the agreed number. If more participants arrive, payment shall be made according to the actual number of participants. 6.

6.in the case of events which extend beyond the contractually agreed time frame, otherwise beyond 11 p.m., the hotel may charge additional expenses, in particular for follow-up events and personnel.

7. a) The hotel shall endeavour to execute wake-up orders with the utmost care.
b) Messages, postal and merchandise consignments intended for the attention of the customer shall be handled with such care. The hotel shall undertake the storage, delivery and – on request and against payment – forwarding of the same.
c) Items left behind by the customer will only be forwarded at the customer’s request, risk and expense. The hotel shall store the items for 6 months and charge a reasonable fee for this. After this period, the items will be handed over to the local lost property office if there is a recognisable value.
d) Any liability of the hotel according to a-c is excluded. 8.

8.insofar as a parking space is made available to the customer in the hotel garage or in a hotel car park, even for a fee, this shall not constitute a safekeeping contract. The hotel has no duty of supervision. The hotel shall only be liable for direct damage to the vehicle which is due to a defect in the space already existing at the time the space is made available, up to a maximum of € 30,000 per vehicle including accessories. The damage must be claimed against the hotel at the latest when leaving the hotel property.

9.the hotel is liable for the diligence of a prudent businessman. Should disruptions or deficiencies occur in the hotel’s services, the hotel shall endeavour to remedy the situation upon the customer’s immediate complaint.
Irrespective of clause 7 of the General Terms and Conditions and §§ 701 ff. BGB (German Civil Code), the hotel shall only be liable in the event of intent or gross negligence on the part of the hotel company’s legal representatives or the hotel’s executives. Safekeeping requires express agreement. Offsetting, reduction or retention are only permissible for the customer in the case of undisputed or legally established counterclaims. Any liability of the hotel – apart from §§ 701 ff. BGB (German Civil Code) – is limited to the amount of the agreed rental price. The limitation period for all claims of the customer shall be 6 months, calculated from the termination of the contract. This limitation of liability and short period of limitation shall also apply in favour of the hotel in the event of breach of obligations in the initiation of the contract, positive breach of contract and tort. 10.

10.in the event of force majeure (fire, strike, etc.) or other impediments for which the hotel is not responsible, in particular those outside the hotel’s sphere of influence, the hotel reserves the right to withdraw from the contract without the customer being entitled to any claim, for example for damages.

11. the customer shall be liable to the hotel for any damage or loss occurring during the term of the contract, unless the damage lies within the hotel’s sphere of responsibility or was caused by a third party, and the third party actually pays compensation, which must be proven by the customer in each case.

12. the installation of decorative material or other items is not permitted without the hotel’s consent. These items must comply with the local fire police requirements. If they are not collected immediately, at the latest within 12 hours after the end of the event, they shall be stored at the hotel, for which the customer shall owe a fee in the amount of the rent for the room used.

13.the customer shall obtain the official permit required for an event in good time and at his own expense. The customer shall be responsible for compliance with public law requirements and other regulations. Any fees payable to third parties for the event, in particular Gema fees, entertainment tax, etc., shall be paid directly to the creditor. 14.

14.insofar as the hotel procures technical or other equipment from third parties for the customer, it shall act in the name and on behalf of the customer; the customer shall be liable for the careful handling and proper return of the equipment and shall indemnify the hotel against all claims of third parties arising from the provision of the equipment.

15.the customer may not bring food and beverages to events.

16.newspaper advertisements, other advertising measures and publications relating to the hotel and/or containing, for example, invitations to job interviews or sales events shall generally require the hotel’s written consent. If a publication is made without such consent and material interests of the hotel are thereby compromised, the hotel shall have the right to cancel the event. In this case, clause 4 of the General Terms and Conditions (payment of rent and appropriate remuneration) and the appendix to these Terms and Conditions shall apply accordingly. 17.

17.booked rooms shall be available to the customer from 3.00 p.m. onwards. They must be vacated by 12.00 noon on the day of departure at the latest. Unless a later departure time has been expressly agreed, the hotel shall be entitled to let booked rooms to other parties after 6.00 p.m. without the customer being able to derive any claim from this. The customer shall not acquire any claim to the provision of specific rooms and premises. Should these be promised in the order confirmation but not be available, the hotel shall be obliged to endeavour to find equivalent substitutes in the house or in other properties.

18.invoices not due according to the calendar are payable within ten days of the invoice date without deduction. Default shall occur upon receipt of the first reminder. From the date of default, the invoice shall bear interest at 4% above the Bundesbank discount rate, unless the hotel proves a higher or the customer proves a lower damage caused by default. A reminder fee of € 5,- shall be owed for each reminder after the occurrence of default.

19.place of performance for both parties is the place of the hotel. The place of jurisdiction for commercial transactions is Frankfurt am Main.

20.Any deviating agreements or ancillary agreements must be in writing in order to be valid. Should individual provisions of the contract – including these terms and conditions – be invalid, this shall not affect the validity of the remaining provisions. The parties shall immediately replace the invalid provisions by valid provisions which come as close as possible to the invalid provisions in their meaning.

Annex to the General Terms and Conditions

The hotel’s claim for the other provision of services pursuant to item 4 of these terms and conditions is currently:

15th – 28th day before the event: calculation of the rent
8th – 14th day before the event: calculation of the rent and compensation of 30% of the lost turnover (food); if this has not yet been specifically determined, the following shall apply: minimum menu price banquet x number of persons.
up to the 7th day before the event: calculation of the rent and compensation of 50% of the lost turnover (food); if this has not been specifically determined, the following applies: minimum menu price banquet x number of persons.

The amount of the rent results from the order confirmation of the hotel according to item 1.

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