Scope of application
- These terms and conditions apply to contracts for the rental of conference, banquet and event rooms of the Hotel Ertl, Kulmbach and the desired equipment (meeting & conference technology) for the organization of events such as banquets, seminars, conferences, etc. as well as for all other related services and services of the employees and the hotel.
- The subletting or re-letting of the rooms, areas or showcases provided as well as invitations 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.
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Conclusion of contract, partners, 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/purchaser is not the organizer himself or if a commercial agent 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 are attributable to intent or gross negligence on the part of the hotel, except in the area of typical performance. Furthermore, the organizer is obliged to inform the hotel in good time of the possibility of an exceptionally high loss.
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 paid by 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 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 inflation rate.
- Hotel invoices without a due date are payable in full within 10 days of receipt of the invoice. In the event of late payment, the hotel is 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 lower damages, the hotel reserves the right to prove higher damages.
- The hotel is entitled to demand an appropriate advance payment at any time. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
Withdrawal of the hotel
- If the advance payment is not made even after expiry of a reasonable grace period set by the hotel with a threat 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 for which the hotel is not responsible 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, safety or public reputation of the hotel without this being attributable to the hotel’s sphere of control or organization;
– there is a violation of paragraph 2 above .
- The hotel must inform the organizer of the exercise of the right of withdrawal without delay.
- The organizer shall have no claim for damages against the hotel, except in the case of intentional or grossly negligent conduct on the part of the hotel.
Withdrawal by the organizer (cancellation)
- If the organizer cancels the contract, the hotel is entitled to charge the agreed rent if it is no longer possible to re-let the room.
- If the organizer cancels between the 4th and 2nd week before the date of the event, the hotel is entitled to charge 35% of the lost food sales in addition to the agreed rental price, and 70% of the food sales for any later cancellation.
- The calculation of food sales 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 used as a basis.
- Saved expenses after 2. and 3. are thus settled. The organizer reserves the right to prove lower damages, the hotel reserves the right to prove higher damages.
Changes to the number of participants and the time of the event
- A change in the number of participants by more than 5% must be communicated to the hotel, 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 the event of an upward deviation, the actual number of participants will be charged.
- If the number of participants deviates by more than 10%, the hotel is entitled to redetermine the agreed prices and 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 may not bring food and drinks to events. Exceptions require a written agreement with the banqueting department. In these cases, a contribution is charged to cover overhead costs.
Technical equipment and connections
- Insofar as the hotel procures technical and other equipment from third parties for the organizer at the organizer’s request, it shall act in the name of, on behalf of and for the account of the organizer.
The organizer is liable for the careful handling and proper return of the equipment. He shall indemnify the hotel against all third-party claims arising from the provision of these facilities.
- 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 these devices shall be borne by the organizer, unless the hotel is responsible for them. The hotel may record and charge a flat rate for the electricity costs incurred through use.
- With the consent of the hotel, the organizer is entitled to use its own telephone, fax and data transmission equipment. 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 may not be withheld or reduced if the hotel is not responsible for these disruptions.
Loss of or damage to items brought along
- Any exhibits or other items, including personal items, are kept in the event rooms or in the hotel at the risk of the organizer. The hotel accepts no liability for loss, destruction or damage, except in cases of gross negligence or intent on the part of the hotel.
- Any decoration material brought along must comply with the fire regulations. Due to possible damage, the installation and attachment of objects must be agreed with the hotel in advance.
- Any exhibits or other items brought along must be removed immediately after the end of the event. If the organizer fails to do so, the hotel may remove and store the items at the organizer’s expense. If the items remain in the function room, the hotel may charge a room rental fee for the duration of the stay. The organizer reserves the right to prove lower damages, the hotel reserves the right to prove higher damages.
Liability of the organizer for damages
- The organizer is liable for all damage to buildings 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).
- Amendments or additions to the contract, the acceptance of the application or these terms and conditions for events should be made in writing. Unilateral changes or additions by the organizer are invalid.
- The place of performance and payment is the hotel’s registered office.
- The exclusive place of jurisdiction – also for disputes concerning checks and bills of exchange – is the registered office of the hotel in commercial transactions. If a contractual partner fulfills the requirements of § 38 paragraph 1 ZPO and has no 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 apply.AGB
Hotel Ertl, Parkschänke KG
95326 KulmbachStatus October 20, 2016