PLEASE NOTE: The following content is a free translation of the german version. For all deliberations German law is exclusively applied and the german terms and conditions (“AGBs”) available at http://www.atrium-hotel-amadeus.de/agbs/ are the only ones, which are applicable. If you have any questions or feedback please do not hesitate to contact us via telephone: +49 (0) 34422 30-100 or e-mail: email@example.com.
§ 1 Scope
These terms and conditions apply to all services that the Hotel Osterfeld GmbH (“Hotel”) provides with respect to the host, the promoter and other parties (the “contractor”). These services are offered against payment and in particular consist of the use of hotel bedrooms and other rooms for example, seminars, meetings, presentations, conferences, banquets and other events, the sale of food and beverages (F & B), the organization of cultural and sporting events and other programs, the implementation of special health promotion measures and comparable special offerings, as well as all other related services provided by the hotel. The hotel is entitled to have its services performed by third parties.
These terms and conditions apply to all types of contracts such as hotel accommodation, package tours, quota or event contracts concluded with the hotel. The terms and conditions also apply to all future transactions with the contractor.
Conditions of the contracting party shall not apply, even if the hotel does not expressly contradict. Confirmations of the contractor having regard to its GTC are hereby rejected.
§ 2 Conclusion of contract
The respective contract fundamentally comes into existence after a verbal or written request of the contractor and by the assumption of the hotel. The hotel is at liberty to agree the application in writing, orally, in writing (email, fax) or positively agree by any act of performance.
If the contract partner agrees to a so-called quota contract, the contractor is liable for all culpable caused damage to the end-user.
Sublease or the gratuitous use of the rooms provided by third parties and the use of other than accommodation purposes is permitted only if the hotel expressly permits. On request the hotel can provide a written exception in its sole discretion.
§ 3 Room usage, room handover, check-out
Rooms are made available exclusively for lodging purposes.
The contractor is liable to the hotel for all damages caused by him or by third parties who get the services of the hotel on his own initiative.
The contractor is not entitled to the use of particular rooms. Should rooms in the house are not available, the hotel will inform the other party of this immediately and offer a suitable replacement in a spatially nearby hotel of the same category. If the contractor rejects, the hotel has to promptly refund payments made by the contract partner.
Booked rooms are available to the contractor on arrival from 3:00 pm. Unless otherwise agreed, the hotel reserves the right to assign rooms booked after 6:00 pm otherwise, without the other party to derive any rights or claims. No show without cancellation, the hotel is entitled to charge no-show costs amounting to 90% of the bookings in principle.
The room must be vacated on departure day at 11:00 am. The hotel may charge the damage resulting from a delay for the additional use of the room until 4:00 pm the daily room rate, after 4:00 pm 100% of the full accommodation rate (list price).
§ 4 Events
To facilitate a proper preparation by the hotel, the contractor must inform the hotel of the final number of participants at least three days before the event. Insofar as the contract partner thereby notifies a higher than the agreed number of participants, this higher number of participants will be part of the contract only if the hotel provides a written consent. If the hotel agrees, the contract partner is entitled to conduct the event with a higher number of participants. Does the hotel agree, the settlement under the new agreement is valid (applicable with additional expenses). There is no right of the contractor to claim consent. The charges shall be independent of the release of the amount of the number of participants on the contractual agreements. Should fewer participants actually attend the event, this is irrelevant to the settlement.
If the agreed time of commencement of an event is postponed, the hotel is entitled to charge the contract partner for all additional costs thereby incurred in accounting.
Reserved rooms are available to the contractor only within the agreed period. Usage beyond those times requires the written consent of the hotel and will normally be granted only for additional considerations. If reasonable room changes are subjected considering the hotel for the other party’s interests.
All regulatory approvals must obtain at his own expense the other party, unless written otherwise expressly agreed. The contractor is responsible for compliance with all relevant (administrative) law. For the event to third parties for paying taxes such as GEMA fees, entertainment fees etc. are payable by the contractor immediately to the creditor.
The contractor is liable for the behavior of its employees, the event participants and other auxiliary staff as for its own conduct. The hotel may require the contractor to provide reasonable security (for example, insurance, deposits, guarantees).
To prevent damage, the affixing and installation of decorative material or other items must be agreed with the hotel. Objects for exhibit and other items must be removed after the event. If the contractual partner does not comply with this regulation, the hotel has the right to have them removed and paid storage. Introduced transport packaging, outer packaging and all other packaging materials must be disposed of by the contractor at his own expense. Disposal can be performed for a fee, if the contractual partner leaves packaging materials after the event. All brought in items such as decorative material etc. at the event have to meet all relevant statutory regulations.
Insurance coverage for items brought in is not covered by the hotel. The requisite insurance is exclusively a matter of the contractor.
Faults or defects provided by the site facilities of the hotel, are eliminated by the hotel as far as the possible. The contractor may not invoke in this regard.
Before the contract partner connects its own electrical equipment to the power grid, he needs to ask the hotel management for approval. The resulting power consumption is calculated according to the currently valid electricity prices as the utilities charged to the hotel. A flat rate calculation is up to the hotel. Occurring faults or defects in the installations of the hotel by connecting are charged to the contractor.
If the hotel obtains technical or other equipment from third parties on behalf of the contractor he is liable for the careful handling and orderly return of such equipment and shall indemnify the hotel from all claims by third parties on first written demand. A liability of the hotel for failure to obtain or a deficiency of the procured equipment is excluded.
The contracting party may not bring food or beverages to events in principle. In special cases (e.g., national specialties etc.) is the possibility of a written agreement; in those cases, an overhead charge is calculated after deducting the proportionate goods sold.
Newspaper advertisements containing invitations to job interviews or sales events in principle require prior written consent of the hotel. If a publication is without consent, the hotel has the right to cancel the event.
Any form of advertising, information or invitations depicting a reference to the hotel, especially by the use of the hotel name, requires the prior written consent of the hotel.
§ 5 Provision of services, prices, payments, offsetting and assignment
The prices of the relevant services are determined by the pricelist of the hotel at the time of services are rendered. All prices include the currently applicable taxes. Tax Increases will be borned by the contractor. If the period between conclusion of contract and initial contract performance exceeds 4 months, the hotel has the right to make price increases of up to 15%. In this case, the contractor has the right to cancel his reservation free of charge within one month after receipt of the price adjustment information. Subsequent alterations to services may lead to changes in prices. The hotel is entitled to demand an advance payment or deposit of up to 100% of the total amount. The amount of the advance payment and payment dates may be written into the contract.
If the contract partner has booked within a period in which a trade fair, a major event or any other event takes place and is such an event postponed after the contract for reasons which can not be held by the hotel, the contract applies to the new period if it is possible for the hotel to provide the agreed services at this time. Whether the hotel can fulfill its obligation, it shall inform its contract partner within a reasonable period. If the performance is not possible, especially if the reserved rooms are already rented for the new period to third parties, the parties may withdraw without giving reasons from the contract. The assertion of claims against the other party is excluded. This does not apply to payments already made. These are refunded or credited.
The claim for payment of the hotel is immediately and without deductions upon receipt of the respective invoice. An invoice shall be dispatched 3 days after having been received by the invoice recipient, except earlier receptions can be prooved. In case of default of payment the legal regulations apply.
The creation of an overall invoice does not release of on-time payment of partial invoices. A late payment of even a single invoice entitles the hotel to withhold all further and future services and to make provision of services of a security in the amount of up to 100% of the outstanding payment.
Invoices are payable immediately in cash or by debit or credit card. The hotel is entitled to refuse foreign currency, checks and credit cards. Vouchers from tour operators will only be accepted if a credit agreement exists with the company concerned or if corresponding advance payments have been made. A refund for unused services is excluded.
The contractor may only offset a claim by the hotel if his claim is undisputed or legally binding. The same applies for the right of retention due to its own demands of the contractual partner. Claims and other rights may only be assigned with a written consent of the hotel.
§ 6 Cancellation of services
Reservations of the contracting party shall be binding on both parties. In case of cancellation of the contract partner the following compensations have to be made: a) no compensation if the written cancellation reaches the hotel up to 90 days before the beginning of the performance period b) damages in the amount of 50% of the value of the services ordered if written notification of cancellation is received by the hotel 45 days before the start of the service period c) damages in the amount of 70% of the value of the services ordered if written notification of cancellation is received by the hotel 30 days before the start of the service period d) damages in the amount of 90% of the value of the services ordered if written notification of cancellation is received by the hotel 10 days before the start of the service period.
A change in the cancellation deadlines must be in writing. Especially for group reservations different arrangements can be made in individual contracts.
The contractor is entitled to prove that the damage of the hotel is not given or less.
If the hotel can provide the cancelled service in the agreed period to a third party, the compensation of the contractor is reduced by the amount payable to the third party for the cancelled service, however, only up to the elimination of the total damages.
§ 7 Withdrawal / Cancellation of the hotel
The hotel is entitled to the statutory provisions to cancel the contract (§ 323 German Civil Code, BGB) or to terminate the contract (§ 314 BGB) if a) the other party fails to meet an obligation b) it is impossible to fulfill the contract due to force majeure, strike or other circumstances beyond, the hotel is not responsible for c) the contractor makes misleading or false information on material data d) the other party uses the name of the hotel with advertising materials without prior written consent e) contractual premises are sublet in whole or in part without the written consent of the hotel f) the hotel has justified cause to believe that use of the hotel’s services might jeopardize the smooth operation, security or reputation of the hotel in public. g) the other party has not correctly complied with a previous contract with the hotel, its payment obligation to the hotel and / or when to be feared that this is repeated even in already concluded contracts in the future, these agreements may be terminated by the hotel.
The hotel must notify the other party of the exercise of withdrawal / termination in writing. Rescission of the contract by the hotel establish does not entitle the contract partner to compensations of any damage. A claim of the hotel for compensation for damage suffered and the costs incurred by him expenses remains unaffected in the case of justified cancellation of contract.
§ 8 Liability of the hotel, items brought in, prescription
The hotel is liable for all legal and contractual claims only in case of intentional or grossly negligent behavior.
Liability of the hotel for consequential or incidental damages is excluded.
exclusions and limitations apply equally to all companies engaged to perform its contractual obligations by the hotel, their subcontractors and agents. They do not apply if the hotel accepts a guarantee for the quality of an object or a work or for fraudulently concealed defects.
The contractor is obliged to display discernible defects, at the latest on departure, at the hotel.
For items brought by the contractual partner, the statutory provisions of §§ 701 et sqq. BGB are applied.
Items left behind by the contract partner / guest shall only be forwarded at the request, risk and expense of the contractor. The hotel will store items for 6 months and charge a reasonable fee. Thereafter, items are handed over to the local lost property office as far as recognizable value is provided.
All claims of the contractor against the hotel or in connection with the contract expire after one year, beginning with the end of the year in which the claim arose and the contract partner of justifying the claim has gained knowledge or obtained without gross negligence would have.
§ 9 Additional provisions for package tour contracts
Is there the liability of the hotel, besides providing room and board in the organization of a recreational program as a chargeable service, this shall represent a so-called package contract.
Because of changes, deviations or reductions of individual services within the framework of a package tour contract, which become necessary after conclusion, the contracting party may not assert any claims if they are merely irrelevant.
If agreed and provided services are not taken to complete by the contractor, a reduction or refund of the full charge is not possible.
The hotel is not liable for damages suffered by the contract partner through use of a special benefit of a third party. The contract partner will be referred to the enforcement of its claims against the respective organizer of the special performance.
§ 10 Place of performance and -payment, place of jurisdiction, subsidiary agreements, partial invalidity
Place of performance and payment for both sides is the seat of the hotel business.
German law is applied.
Jurisdiction is Naumburg / Saale (Germany).
All agreements that are made between the hotel and the contractor for the purpose of execution of the contract are recorded in writing in this contract.
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 replace such ineffective provisions forthwith by an effective provision that comes closest to the intended purpose and their economic importance. The same applies in the contract in the event that it should contain regulatory gaps.
Osterfeld, March 2016