§ 1. CONCLUSION OF THE CONTRACT, CONTRACTING PARTIES, LIABILITY, PERIOD OF LIMITATION
1.1 The Contract shall be concluded upon acceptance of the Customer's request by GRIES1 Betreibergesellschaft mbH.
1.2 The Contracting Party is GRIES1 Betreibergesellschaft mbH, hereinafter referred to as the Hotel, and the Customer/Event Organiser.
1.3 If the Customer is not the Event Organiser or if the Event Organiser engages a commercial intermediary or organiser, the Event Organiser shall be joint and severally liable with the Customer for all obligations arising from the Contract, if the Event Organiser has submitted a corresponding declaration to the HOTEL.
1.4 The HOTEL shall be liable for its obligations with the due diligence of a prudent businessperson. Customer claims for compensation of damages are excluded. This shall not apply to damages resulting from injury to life, limb or health if the HOTEL is responsible for the breach of duty, other damages resulting from an intentional or grossly negligent breach of duty on the HOTEL's part and damages resulting from an intentional or grossly negligent breach of the HOTEL's typical contractual duties.
1.5 All claims against the HOTEL expire, in principle, one year after the start of the statutory period of limitation. Claims for compensation of damages expire in five years, irrespective of whether the Parties were aware of them. The period of limitation reductions do not apply to claims resulting from intentional or grossly negligent breaches of duty on the HOTEL's part.
1.6 If the HOTEL cannot or is not permitted to be fully or partially operated as a result of statutory regulations, federal or state directives, general disposal orders, administrative acts or other orders or disposal with which the HOTEL is required to comply as a result of and in conjunction with combating or preventing the spread of the coronavirus or similar significant causes of force majeure, including external circumstances for which the HOTEL is not responsible, this shall not constitute a breach of duty on the Resort's part. This applies without depending on the time at which the relevant restriction is issued. If the external circumstance only affects a major portion of the HOTEL, e.g. only the gastronomical facilities, this shall be considered a circumstance that prevents the operation of the entire HOTEL in terms of the above paragraph. If and when the corresponding restriction is suspended or terminated, this shall continue to apply at the HOTEL's discretion until operations can be properly resumed. In the event the HOTEL is prevented from fulfilling its contractual obligations for the reasons stated above, the HOTEL is entitled to fully or partially adjust its service offer accordingly to the respective, permitted framework conditions. The guest is only entitled to reject the adjustment for good cause. If the HOTEL is unable to adjust its services or to do so would be unreasonable or if the adjustment is rejected by the guest for good cause, both Parties are entitled to cancel the booking free of charge. The cancellation must be submitted in writing.
§ 2. APPLICABILITY
2.1 These terms and conditions apply to contracts pertaining to the hiring of hotel rooms as accommodations, conference, banquet and event rooms at the HOTEL to hold events like banquets, seminars, conferences, exhibitions and presentations, etc. as well as for all related further HOTEL services and deliveries.
2.2 The rooms, spaces, areas or display cases hired as part of subletting as well as the invitation to interviews, sales or similar events require prior written approval from the HOTEL, whereby § 540 (1) Sentence 2 of the German Civil Code (BGB) shall be waived unless the Customer is a consumer.
2.3 The Customer's terms and conditions shall only apply if this has been previously agreed in writing.
2.4 Moreover, the additional terms agreed upon conclusion of the Contract also apply.
§ 3. SERVICES, PRICES, PAYMENT, OFFSETTING
3.1 The HOTEL is obligated to provide the services ordered by the Customer and promised by the HOTEL and keep the rooms booked by the Customer available.
3.2 The Customer shall not acquire any claims to the provision of specific rooms. If they are confirmed in the order confirmation and/or in the Contract, but are not available, the HOTEL is obligated to arrange for a room of equal value at its facility or at another, comparable facility.
3.3 The Customer is obligated to pay the agreed or the HOTEL's standard prices for these and other utilised services. This also applies to services and expenditures of the HOTEL initiated by the Customer, in particular, for claims filed by copyright management companies.
3.4 The agreed prices include the respective statutory value added tax. If the period between the conclusion of the Contract and the fulfilment of the Contract exceeds four months and the price generally charged by the HOTEL for such services, the HOTEL can raise the contractually agreed price accordingly in accordance with §315 of the BGB. The same applies if the Hotel incurs additional costs due to official orders requiring special protection and hygiene measures.
3.5 Booked rooms shall be available to the Customer starting at 3:00 p.m. on the agreed arrival date. The Customer is not entitled to an earlier check-in time.
3.6 On the agreed departure date, the rooms shall be cleared and returned to the Hotel by no later than 11:00 a.m. After that, the Hotel can charge 50% of the entire room price (list price) up to 6:00 p.m. and 100% after 6:00 p.m. for use beyond the contractually agreed times as a result of the failure to vacate the room on time. This shall not substantiate any contractual claims for the Customer. The Customer is entitled to prove that the Hotel's claim to the usage fee was not impacted in any way or was not significantly impacted.
3.7 The guest is obligated to comply with the house rules applicable at the Hotel. In the event of violations of the house rules, the Hotel reserves the right to terminate the Contract without notice. In the event of termination, the Hotel's claim for remuneration
shall continue to apply in full. Saved costs shall be deducted from the claim for remuneration.
3.8 Wake-up calls shall be executed by the Aunhamer Suite & Spa Hotel with the greatest of care. Claims for compensation of damages are excluded except in cases of gross negligence or intent.
3.9 Messages, post and goods shipments for the Contracting Party and the participants of the event shall be handled with care. The HOTEL shall handle the delivery, storage and, upon request and in return for a fee, return shipment thereof and, upon request, the return of lost and found items. Claims for compensation of damages are excluded except in cases of gross negligence or intent. The HOTEL is entitled to surrender the aforementioned items to the local lost and found office, at the latest, after storing them for one month and in return for a reasonable fee.
3.10 The following applies to events:
3.10.1 The Event Organiser shall pay a deposit of 50% before the start of the event (due by 42 days (6weeks)/56 days (8 weeks)/112 days (16 weeks) before the start of the event).
3.10.2 The HOTEL shall prepare the final invoice based on the provided performance, taking the deposit into account. The remainder shall be paid within 5 days without deduction.
3.10.3 Event invoices cannot be paid by credit card.
3.11 The following applies to individual customers and groups:
3.11.1 The HOTEL is entitled to charge customers without a written reservation confirmation from the HOTEL an advance payment up to the amount of the expected total price upon arrival or prior, by way of specification of the credit card number.
3.11.2 All invoices issued by the HOTEL are payable without deduction. In any case, the HOTEL can demand a reasonable advance payment from the guest. If the aforementioned payment deadline is not met, the guest shall go into default on payment without notice. Upon start of default, the HOTEL is entitled to charge default interest in the amount of: 5% for private persons and individual travellers; 9% for legal entities above the respective base interest rate or the corresponding subsequent interest rate set forth by the European Central Bank. The assertion of a claim for higher default damages shall not be affected. A dunning charge of €5 (domestic customers) and €10 (international customers) can be charged in each individual case for warning notices issued after default has taken effect.
3.11.3 The HOTEL is entitled to prepare interim invoices at any time which shall be due upon issuance. If the guest goes into default after the issuance of the interim invoice, the HOTEL has the right to terminate the contract for accommodations without notice.
3.11.4 A payment deadline of 8 days from the invoice date applies to the rendering of accounts agreed on the basis of the reservation contract. The deposit shall be paid without deductions and free of charge. In the event of default on payment, the same conditions apply as those stipulated in 5.2.
3.11.5 Reservations for group bookings of 5 rooms or more shall only be considered confirmed if an advance payment in the amount of 10% has been paid within 10 days upon placement of the final order by the Client or after confirmation by the Company and, no later than 42 days prior to arrival, 50% of the booked performance
has been paid or the agreed advance payment has been paid by the specified date.
3.11.6 All payments for services already provided or advance payments are payable in the local currency of the place of performance or in euro. The HOTEL is entitled to reject foreign currencies, checks and credit cards.
3.11.7 The Customer/Guest can only offset or reduce a claim filed by the HOTEL against an undisputed or legally established claim.
3.11.8 The HOTEL reserves the right to dispose of waste and other materials left behind by the Event Organiser for a fee and to pass these costs on without further consultation.
3.11.9 For evening events, starting from 1:00 a.m., the HOTEL charges a service fee of €22 per started hour and service staff member (does not apply to the bar).
§ 4 WITHDRAWAL OF A CONTRACTING PARTY (ANNULMENT, CANCELLATION)
UP TO 10 NIGHTS
4.1 The following applies to complete cancellations of events:
4.1.1 The Customer is only entitled to withdraw without charge if this has been agreed with the Hotel in writing. Otherwise, in the event of a cancellation/reduction, the Hotel is entitled to charge booked room fees plus overnight stays for the entire event pursuant to the following provisions, if re-letting is not possible.
The Hotel is entitled to charge the following percentages of the booked services:
50% if the withdrawal is issued 56 days or less prior to the start of the event, 75% if 42 days and 100% if 14 days
4.2 The following applies to individual customers and groups:
4.2.1 The customer's/guest's withdrawal from the Contract concluded with the HOTEL requires written approval from the HOTEL. If this is not obtained, the agreed price per the Contract shall be payable even if the Customer/Guest does not utilise the contractual services. This does not apply in the event the HOTEL breaches the duty to take the Customer's rights, legal assets and interests into account, if the Customer cannot be reasonably expected to adhere to the Contract or the Customer is entitled to another statutory or contractual right of withdrawal.
After the withdrawal period elapses, the reservation shall convert to a fixed booking. Declarations of withdrawal must be submitted in writing (letter, fax or email). The HOTEL is free to compile the damages to be compensated by the Customer/Guest into a lump sum. The Customer/Guest is free to prove that the HOTEL did not incur any
damages or the damages incurred by the HOTEL are lower than the requested lump sum.
The Hotel is entitled to charge the following percentages of the booked services:
80% in the event of a cancellation 3 days or less before the start of the stay, 90% in the event the Customer does not appear,
-80%in the event of a cancellation 14 days or less before a New Year's Eve booking,90% in the event the Customer does not appear on New Year's Eve
4.2.2 If the Customer/Guest is entitled to a right of withdrawal within a specific period as agreed in writing, the HOTEL is also entitled to withdraw from the Contract during this period if requests from other customers for the contractually booked rooms are submitted and the Customer, upon request of the HOTEL, does not waive its right of withdrawal.
4.2.3 If an agreed advance payment is not paid, even after a reasonable grace period set by the HOTEL with a notice of refusal has elapsed, the HOTEL is also entitled to withdraw from the Contract.
4.2.4 Grounds for withdrawing from the Contract include the following: force majeure or circumstances for which the HOTEL is not responsible arise that make fulfilling the Contract impossible or hinder it significantly; official orders to close are issued; rooms are booked with misleading or misrepresented relevant facts, e.g. regarding the Customer as a person or regarding the purpose; the HOTEL has a substantiated reason to suspect the utilisation of the hotel services may endanger the smooth operation of the business, safety, including health risks or the Hotel's public reputation without the Hotel's management or organisational entities being responsible; there is a violation of Clause 2 (2); events are booked with misleading or misrepresented relevant facts, e.g. regarding the Customer or the purpose; the HOTEL has reason to suspect the event may endanger the smooth operation of the business, safety, including health risks or the Hotel's public reputation without the Hotel's management or organisational entities being responsible.
4.3 If the HOTEL withdraws for good cause, the Customer shall not be entitled to claims for compensation of damages.
4.4 If the Customer/Guest does not utilise the room without providing adequate notice, they shall remain obligated to pay the agreed total price regardless of the reason for the cancellation. The Hotel is entitled, in good faith, to let rooms that are not utilised to other parties in order to avoid losses. The HOTEL shall offset the earnings from letting the room to another party and the saved expenses for rooms not utilised by the Customer.
Reservations and withdrawal periods: Reservations for tour operators and travel agents booked by the HOTEL are generally subject to a withdrawal period of 30 calendar days before provision of performance. The HOTEL can agree on another withdrawal period in individual cases. Reservations for the Guest, executed by the HOTEL, are subject to the following withdrawal periods:
4.5 The CUSTOMER is not entitled to use the let rooms to hold events at which radical right-wing, racist, anti-Semitic or anti-democratic ideas are presented and/or distributed, whether by the Lessee or event attendees. By signing, the Lessee acknowledges that the event will not contain any radical right-wing, racist, anti-Semitic or anti-democratic content. This mean, in particular, that, neither in speech nor in writing, will the freedoms or dignity of persons be disparaged or symbols in the spirit of or that represent anti-constitutional or unconstitutional organisations may be used or distributed. If event attendees violate the above provisions, the HOTEL shall ensure the action is ceased, if necessary, by enforcing the house rules.
§ 5. CHANGES TO THE NUMBER OF ATTENDEES AND EVENT DATES/TIMES
5.1 The HOTEL must be notified of changes to the number of attendees that exceed 5% no later than five business days prior to the start of the event; such changes require written approval from the HOTEL.
5.2 A reduction of the number of participants by a maximum of 5% shall be recognised by the HOTEL on the invoice. If there are deviations greater than this, the originally agreed number of participants, minus 5%, shall be used as a basis. The Customer has the right to reduce the agreed price by the verified saved expenses due to the lower number of attendees.
5.3 In the event of a deviation upwards, the actual number of attendees shall be invoiced.
5.4 In the event of deviations in the number of attendees greater than 10%, the HOTEL is entitled to re-ascertain the agreed prices and exchange the confirmed rooms unless this is unreasonable for the Customer.
5.5 If the start or end dates/times of the event change and the HOTEL agrees to these deviations, the HOTEL can issue a reasonable invoice for the additional commitment unless the HOTEL is at fault.
5.6 If a conversion of the rooms is requested on site, contrary to the contractually agreed type of chairs, the HOTEL shall charge conversion costs in the amount 50% of the provisioning costs according the the list, based on the staff required.
§ 6. TECHNICAL INSTALLATIONS AND CONNECTIONS
6.1 If the HOTEL procures technical and other installations from third parties on behalf of and upon request of the Customer, the HOTEL is acting in the name of, on the authority of and for the account of the Customer. The Customer shall be liable for the careful handling and proper return. The Customer shall indemnify the HOTEL from all third-party claims resulting from the transfer of this installation.
6.2 The use of the Customer's own electrical systems using the HOTEL's power grid requires written approval. The Customer
shall be liable for faults or damage to the HOTEL's technical systems as a result of the use of these devices unless the HOTEL is responsible. The HOTEL is entitled to calculate and charge a lump sum for power costs incurred as a result of the use.
6.3 The Customer is entitled, after obtaining approval from the HOTEL, to use its own telephone, fax and data transmission equipment. The HOTEL is entitled to charge a connection fee.
6.4 If suitable HOTEL connections remain unused as a result of the Customer connecting its own system, the HOTEL is entitled to charge a non-use fee.
6.5 Faults in technical or other installations provided by the HOTEL shall be remedied as quickly as possible. Payments cannot be withheld or reduced if the HOTEL is not responsible for these faults.
6.6 During events involving music, the Event Organiser is obligated to execute the required GEMA registration. The HOTEL shall be indemnified by the Event Organiser with respect to all claims resulting from the unauthorised use of GEMA or third-party rights.
§ 7. LOSS OF OR DAMAGE TO OBJECTS BROUGHT BY GUESTS
7.1 Items brought for exhibitions or other items, including personal items, are in the event rooms or the HOTEL at the Customer's risk. The HOTEL shall not assume any liability for the loss or destruction or damage, including property, except in cases of gross negligence or intent on the HOTEL's part. This does not apply to damages resulting from loss of life, physical injury or damage to health. Cases in which the safekeeping constitutes a typical contractual obligation due to the circumstances of the individual case are also excluded from this exemption from liability.
7.2 Decorations brought by the Customer must comply with fire protection requirements. The HOTEL is entitled to demand an official certificate of verification. If such a certificate is not provided, the HOTEL is entitled to remove materials already brought in at the Customer's expense. Due to potential damage, the set-up and installation of items must be coordinated with the HOTEL in advance.
7.3 Items brought by the Customer for exhibitions or other items must be removed immediately after the end of the event. If the Customer fails to do so, the HOTEL is entitled to remove and store the items at the Customer's expense. If items are left in event rooms, the HOTEL is entitled to charge a reasonable usage fee until they are removed. The Customer is entitled to prove that the above claim was not incurred or was lower than the amount demanded.
7.4 The Hotel shall not assume any liability for items brought in by the Customer or commissioned companies. Moreover, these must be removed immediately after the event. In the event that items are stored (from 2 days before and after an event), the HOTEL reserves the right to charge a fee for the incurred storage costs, based on the size and number of items.
7.5 The guidelines for escape and rescue routes must be ensured in accordance with the building code. They may not be moved and must be free of materials and tripping hazards. The available safety technology (like
fire extinguishers, escape route maps, fire safety doors, pushbutton alarms, electrical junctions, etc.) must be freely accessible.
§ 8. CUSTOMER'S LIABILITY FOR DAMAGES
8.1 If the Customer is a contractor, they shall be liable for all damages to buildings or inventory caused by the event attendees, staff, other third parties under its purview or by the Customer itself.
8.2 If the HOTEL suffers usage losses as a result of the damage to buildings or inventory, the party causing the damage shall not only be held liable for the damage, but also for the financial losses resulting from the damage.
8.The HOTEL is entitled to demand the Customer provide reasonable collateral (e.g. insurances, deposits, bank guarantees).
8.4 The HOTEL has the right to charge the Guest €100 for increased cleaning required due to extremely soiled rooms (e.g. due to dog faeces, red wine, smoking in the room, etc.) if the room can still be let that day. If the room cannot be let on the same day as a result of the degree of soiling, €150 shall be charged. The Hotel reserves the right to charge this fee retroactively.
8.5 Animals are generally permitted in marked areas in the HOTEL. The Guest is obligated to register the pet in writing. If a pet is brought into the Hotel without prior registration, the Hotel is entitled to perform a special cleaning at the Customer's expense to restore the hypo-allergenic standard of the room.
§ 9. PARKING GARAGES AND PARKING SPACES
9.1 Lease agreement Upon accepting the parking ticket and/or driving into the parking garage/car park, a contract shall be concluded between the parking garage operator and the Lessee in a lease agreement for a parking space for a passenger vehicle and shall be subject to the following terms. Neither guarding nor safekeeping are the subject of this agreement.
9.2.1 The Lessee is obligated to apply the caution required in traffic and, in particular, to strictly comply with the signs and notices posted to manage traffic and parking and with safety regulations. Instructions issued by the parking garage operator or its staff for safety purposes or which pertain to domiciliary rights must be followed at all times. Incidentally the provisions of the German Road Traffic Regulations (StVO) apply mutatis mutandis. Passenger vehicles may only be parked within the marked spaces, but not in the parking spaces reserved for long-term users, as indicated by signs. The parking garage operator is entitled to remove vehicles parked outside these areas, in particular in traffic areas, for a fee.
The parking garage operator is also entitled to remove the Lessee's vehicle from the parking garage in the event of imminent danger. It is recommended that Lessees always carefully lock their vehicles after exiting them and not to leave any valuables in their vehicles.
9.2.2 The opening hours can be found on the posted signs.
9.3 Safety and Administrative Regulations
9.3.1 Vehicles may only be driven at walking pace in the parking garage/car park.
9.3.2 The following are prohibited in the parking garage/car park: a) smoking or the use of fire. b) storing items of any kind (in particular tyres, bicycles, etc.), consumables and flammable items or empty consumables canisters. c) refuelling vehicles. d) testing or letting engines run in idle. e) parking vehicles with leaky tanks or engines. f) bringing in vehicles with liquid gas tanks and other comparable hazardous substance. g) loitering in the garage/car park beyond the time required to park or pick up the vehicle. h) loitering by unauthorised persons (e.g. skateboarders, graffiti artists, inline skaters)
9.3.3 In the parking garage, it is prohibited to repair, wash, or clean the interior of vehicles, drain coolant, fuels or oils, leave waste or cause contamination of any kind.
9.3.4 The distribution of advertising materials is prohibited in the parking garage. Violations shall be prosecuted civilly (e.g. rectification costs) and criminally.
9.4 Liability of the Parking Garage Operator The parking garage operator is only liable for damages demonstrably caused by the operator or its vicarious agents out of intent or gross negligence. This limitation of liability does not apply to the area typical for the service. The Lessee is obligated to notify the parking garage operator of such damages immediately in writing. Damages should be reported to the parking garage operator's staff before exiting the parking garage. The parking garage operator excludes all liability for damages caused by another lessee or another third party. This applies, in particular, to damage to or destruction or theft of the parked vehicle moving/installed parts on/from the vehicle (e.g. car radio, car phone, mobile telephone, personal valuables, computers, photography equipment, sports equipment and the like) or objects mounted to or on the vehicle.
9.5 Liability of the Lessee The Lessee is liable for [...]