- These terms and conditions apply to contracts for the rental of conference, banquet and event rooms of Hotel Ertl, Kulmbach and the desired equipment (meeting & conference technology) for the implementation of events such as banquets, seminars, meetings, etc., as well as for all other related services and services of the employees and the hotel.
- The subletting or reletting of the rooms, areas or showcases provided as well as the invitation to job interviews, sales or similar events require the prior written consent of Hotel Ertl.
- Terms and conditions of the respective organizer shall only apply if this has been expressly agreed in writing.
Online Dispute Resolution Platform of the European Commission:
Conclusion of contract, -partner, -liability
- The contract is concluded by the hotel’s acceptance of the application (confirmation) to the organizer; these are the contracting parties.
If the customer/orderer is not the organizer himself or if a commercial intermediary or organizer is engaged by the organizer, they shall be jointly and severally liable with the organizer for all obligations arising from the contract.
- The hotel is liable for its obligations under the contract. This liability is limited to deficiencies in performance which, except in the area of typical performance, are due to intent or gross negligence on the part of the hotel. Otherwise, the organizer is obliged to inform the hotel in time about the possibility of an exceptionally high damage.
Services, prices, payment
- The hotel is obliged to provide the services ordered by the organizer and promised by the hotel.
- The organizer is obliged to pay the hotel’s agreed prices for these services. This also applies to services and expenses of the hotel to third parties in connection with the event.
- The agreed prices include the respective statutory value added tax. If the period between the conclusion of the contract and the event exceeds 4 months and if the price generally charged by the hotel for such services increases, the contractually agreed price may be increased appropriately, but by no more than 10% or adjusted to the rate of inflation.
- Invoices of the hotel without due date are payable within 10 days from receipt of the invoice without deduction. In the event of default in payment, the hotel shall be entitled to charge interest at a rate of 4% above the respective discount rate of the Deutsche Bundesbank. The organizer reserves the right to prove a lower, the hotel a higher damage.
- 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 writing in the contract.
- If the advance payment is not made even after the expiry of a reasonable grace period set by the hotel with a warning of refusal, the hotel is entitled to withdraw from the contract.
- Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, for example if
– force majeure or other circumstances beyond the control of the hotel make it impossible to fulfill the contract;
– Events are booked under misleading or false statements of material facts, e.g. the organizer or purpose;
– the hotel has reasonable grounds to believe that the event may jeopardize the smooth operation of the business, the safety or the reputation of the hotel in the public, without this being attributable to the hotel’s sphere of control or organization;
– there is a violation of above scope paragraph 2.
- The hotel must inform the organizer immediately of the exercise of the right of withdrawal.
- The organizer shall have no claim for damages against the hotel, except in the event of intentional or grossly negligent conduct on the part of the hotel.
Withdrawal of the organizer (cancellation)
- In case of cancellation by the organizer, the hotel is entitled to charge the agreed rent, if a subletting is no longer possible.
- If the organizer withdraws only between the 4th and the 2nd week before the event date, the hotel is entitled to charge 35% of the lost food turnover in addition to the agreed rental price, and 70% of the food turnover for any later withdrawal.
- The calculation of the meal turnover is based on the formula: Menu price – banquet x number of persons. If no price has yet been agreed for the menu, the cheapest 3-course menu of the respective valid event offer will be taken as a basis.
- Saved expenses after 2. and 3. are thereby settled. The organizer reserves the right to prove a lower, the hotel a higher damage.
Changes in the number of participants and the event time
- A change in the number of participants by more than 5% must be communicated to the hotel or banquet or reservation department at least 5 working days before the start of the event; it requires reconfirmation by the hotel.
- The number of persons registered up to 2 days before the start of the event is the basis for invoicing.
- In case of an upward deviation, the actual number of participants will be charged.
- In case of deviations in the number of participants by more than 10%, the hotel is entitled to reset the agreed prices as well as to change the confirmed rooms, unless this is unreasonable for the organizer.
- If the agreed start or end times of the event are postponed without the prior written consent of the hotel, the hotel may charge additional costs for the readiness to perform, unless the hotel is at fault.
Bringing food and drinks
The organizer is not allowed to bring food and beverages to events. Exceptions require a written agreement with the Banquet Department. In these cases, a contribution is charged to cover overhead costs.
Technical facilities and connections
- Insofar as the hotel procures technical and other equipment from third parties for the organizer at the latter’s instigation, it shall act in the name of, on the authority of and for the account of the organizer.
The organizer is liable for the careful handling and proper return. He/she shall indemnify the hotel against all claims of third parties arising from the provision of this facility.
- The use of the organizer’s own electrical equipment using the hotel’s electricity network requires the hotel’s written consent. Any malfunctions or damage to the hotel’s technical equipment caused by the use of this equipment shall be borne by the organizer, insofar as the hotel is not responsible for such malfunctions or damage. The hotel may record and charge for the electricity costs incurred by the use as a lump sum.
- With the consent of the hotel, the organizer is entitled to use its own telephone, fax and data transmission facilities. The hotel may charge a connection fee for this.
- Faults in technical or other equipment provided by the hotel will be rectified immediately if possible. Payments cannot be withheld or reduced if the hotel is not responsible for these disruptions.
Loss of or damage to items brought with you
- Exhibits or other items, including personal items, carried along are located in the event rooms or in the hotel at the risk of the organizer. The hotel assumes no liability for loss, destruction or damage, except in cases of gross negligence or intent on the part of the hotel.
- Decorative materials brought to the event must meet fire code requirements. Due to possible damage, the installation and attachment of objects must be agreed with the hotel in advance.
- Exhibits or other items brought to the event must be removed immediately after the end of the event. If the organizer fails to do so, the hotel may carry out the removal and storage at the expense of the organizer. If the items remain in the event room, the hotel may charge room rent for the duration of their stay. The organizer reserves the right to prove a lower, the hotel a higher damage.
Liability of the organizer for damages
- The organizer is liable for all damage to the building or inventory caused by event participants or visitors, employees, other third parties from his area or himself.
- The hotel may require the organizer to provide appropriate security (e.g. insurance, deposits, guarantees).
- Any changes or amendments to the contract, acceptance of application or these Terms and Conditions for Events shall be made in writing. Unilateral changes or additions by the organizer are invalid.
- The place of performance and payment is the registered office of the hotel.
- The exclusive place of jurisdiction – also for disputes regarding checks and bills of exchange – in commercial transactions is the registered office of the hotel. If a contracting party fulfills the requirements of § 38 paragraph 1 ZPO (German Code of Civil Procedure) and does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.
- German law applies.
- 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.GTC
Hotel Ertl, Parkschänke KG
95326 KulmbachStand October 20, 2016