General Terms and Conditions (T&Cs) of Hotel Tobbaccon GmbH & Co. KG

(hereinafter referred to as “Hotel”) for the renting of hotel rooms

 

 

 

1 Scope, conclusion of contract

1.1 These T&Cs apply exclusively to the renting of hotel rooms by the Hotel. These T&Cs also apply to subsequent individual contracts, unless agreed otherwise. The Hotel guest’s T&Cs only apply if the Hotel has expressly agreed to them in writing.

1.2 A contract comes about at the request of the Hotel guest and through the Hotel’s booking confirmation, which is at least made in text form. Any errors in the contract data contained in the booking confirmation shall be reported by the Hotel guest vis-à-vis the Hotel within 14 days, but at least 3 (three) days before the contract period; a new or corrected booking confirmation will be issued in such cases.

1.3 The contract is concluded in writing for group reservations. Insofar as the following provisions refer to the booking confirmation, these provisions correspondingly apply to written contracts for group reservations.

2 Subject matter of the contract

2.1 The subject matter of this agreement is the renting to the Hotel guest of the rooms described in the booking confirmation. These rooms are situated on the premises of the Hotel “Tobbaccon” in Bensheim.

2.2 The standard facilities, the additionally leased facilities, as well as the agreed catering services, are to be taken from the booking confirmation.

2.3 Unless otherwise agreed in writing, the Hotel guest has no claim to a particular room.

3 Contract period
The contract period begins with ‘Check In’ on the first day and ends with ‘Check Out’ on the last day of the agreed period for renting the room. The first and last days are to be taken from the booking confirmation. It is not possible to extend this time period without the agreement of the Hotel.

4 Payment, deposit

4.1 The total payment is to be taken from the booking confirmation. The Hotel guest shall also pay for Hotel services, and the services of third parties for which the Hotel has made advance payments, if these services were not part of the original contract.

4.2 Payment shall become due once the invoice is issued. Payment must be received a maximum of 14 days after the due date.

4.3 All prices are in addition to the respective statutory VAT and the local taxes payable by the Hotel.

4.4 Should the statutory VAT change or new local taxes be introduced, changed or abolished, the gross prices will be adjusted accordingly. For contracts with consumers this only applies if the contract is concluded more than 5 (five) months before the contract period.

4.5 The Hotel can require payment of a deposit of 50% of the total agreed price from the Hotel guest. The legal provisions remain unaffected for advance payments or security deposits for package holidays. The Hotel may satisfy any claims it has against the Hotel guest from the deposit, whether they arise during the contract, or after it concludes but in connection therewith.

4.6 The Hotel is entitled to withdraw from the contract if the deposit is not paid within the set time frame.

5 The Hotel’s liability

5.1 The Hotel shall be liable in the event of gross negligence or intent, as well as for injury to life, limb and health. Its liability is limited to the sum covered by its business liability insurance, insofar as such a restriction is permissible. In addition, the Hotel bears liability for violations of cardinal obligations (those contractual obligations which enable the proper implementation of the contract in the first place and on whose fulfilment the Hotel guest therefore relies and may rely), in cases of slight negligence, and within the scope of damage that is foreseeable at the time when the contract is concluded and is typical of such a contract; the liability ceiling under sentence 2 applies to atypical damage.

5.2 If the Hotel guest wishes to bring money, bonds or valuables with a total value of more than EUR 500 or other items with a total value of more than EUR 2,500, he must come to a special storage agreement with the Hotel therefor.

5.3 Items left behind by the Hotel guest are sent on by the Hotel only at the request, expense and risk of the Hotel guest. The Hotel guarantees a maximum storage period of 3 (three) months in such cases; these items will be given to a lost property office, utilised or destroyed after such time.

5.4 Where the Hotel provides the Hotel guest with a car parking space, whether or not a fee is charged therefor, it does not undertake to ensure the safekeeping of the vehicle. The Hotel guest shall notify the Hotel of any damage without delay (in case of visible damage ascertained before departure).

6 Conditions of use, cancellation by the Hotel

6.1 The rooms rented are non-smoking rooms. Use other than as accommodation is not permitted without the consent of the Hotel.

6.2 Areas of the Hotel outside the room may not be used for advertising or sales purposes without the Hotel’s agreement.

6.3 The Hotel can withdraw from the contract if the contract is made on the basis of false or misleading information or the withholding of contractually essential facts regarding the Hotel guest or the purpose of the stay. Furthermore, it can withdraw from the contract if it discovers that the purpose of the stay is unlawful or if the Hotel guest violates Clause 6.1 or 6.2.

6.4 The Hotel can withdraw from the contract if it has justified reason to assume that the use of the Hotel’s service can endanger the smooth operation of business, the security or the reputation of the Hotel among the general public and this is beyond Hotel’s control or organisational responsibility.

7 Binding nature of booking upon conclusion of the contract

7.1 Bookings are binding on both parties upon conclusion of the contract. Until such time, the Hotel herewith reserves the right to otherwise assign the room(s). Offers that have been sent shall be binding on the Hotel for 2 (two) weeks after sending unless the contract period begins within this period.

7.2 Should the Hotel guest withdraw from the contract before the contract period, he shall provide the Hotel with the following compensation:
40% of the total payment for a withdrawal 29 to 14 days before the contract period,
60% of the total payment for withdrawal 13 to 1 days before the contract period.

7.3 It is not possible to withdraw on the first day of the contract period if there is no legal right of withdrawal. In this case, the Hotel is entitled to the agreed payment if the Hotel guest does not make use of the service. The Hotel shall however deduct from the payment the expenditure saved as well as the income from renting to another party. If the room is not otherwise assigned, the savings amount to a lump sum of 20%. For catering services the savings come to a lump sum of 10%. The Hotel guest reserves the right to prove that the Hotel’s claim did not arise, or did not arise in that amount, in all cases under Clauses 7.2 und 7.3.

8 Provision and return of room (Check In und Check Out)

8.1 The Hotel shall make the room(s) available at 3 p.m. on the first day of the contract period. Insofar as a later arrival time was not agreed, or the Hotel guest has not paid a deposit, the Hotel can otherwise assign the room at 6 p.m. without having to provide a replacement to the Hotel guest.

8.2 The Hotel guest must leave the room(s) cleared and vacant by 11 a.m. on the last day of the contract period. Otherwise the Hotel can charge 50% of the room price if it is vacated by 2 p.m. at the latest, and 90% thereafter. The Hotel guest retains the right to prove that the Hotel’s claim did not arise or did not arise to such an extent.

9 Final provisions

9.1 Should part of these T&Cs be void or become voidable, the validity of the T&Cs or the contract in other respects remains unaffected thereby. In this case, the invalid provision is replaced by a legally permissible provision that most closely reflects what the contracting parties would have agreed had they recognised the invalidity of the original provision. This applies mutatis mutandis in the event of an omission in these T&Cs.

9.4 The place of jurisdiction shall be Bensheim, insofar as it is possible to agree jurisdiction by contract.

9.5 This contract shall be subject to German law.

As of: January 2015

 

 

General Terms and Conditions (T&Cs) of Hotel Tobbaccon GmbH & Co. KG

(hereinafter referred to as the “Transferor”)
for rendering event services

 

 

1 Scope, conclusion of contract

1.1 The respective individual contract and the version of the T&Cs below, in their version applicable at the time when the contract is concluded, exclusively apply to the contract. None of the organiser’s derogating conditions shall be recognised unless the Transferor expressly consents to their application in writing.

1.2 These T&Cs also apply to subsequent individual orders, except as otherwise agreed.

2 Subject matter of the contract

2.1 The subject matter of the agreement is the transfer of the function room on the premises of Hotel “Tobbaccon”, Bensheim, to the organiser. These rooms are described in the individual contract.
2.2 Standard facilities, the additional facilities for hire and agreed catering services are to be taken from the individual contract.

2.3 The Transferor herewith reserves the right to exchange the room provided for another equivalent room.

3 Contract term
The contract term is to be taken from the individual contract. It is not possible to extend this contract term without the agreement of the Transferor.

4 Payment, deposit

4.1 The Transferor’s price list and the total payment are to be taken from the individual contract.

4.2 The payment shall be due at the agreed end of the event. Payment must be received, at the latest, 30 days after the due date.

4.3 All prices are in addition to the appropriate applicable statutory VAT.

4.4 Should events be booked more than 6 (six) months in advance, the Transferor herewith reserves the right to adjust the agreed price in response to changes in costs. This adjustment can be a maximum of 5% of the agreed price. Should the organiser not agree to an increase in the price, he shall have a cancellation right under the contract, which he must assert in writing within 2 (two) weeks of receiving notice of the price increase.

4.5 The organiser shall pay a deposit of 50% of the total agreed payment and the anticipated GEMA fees (Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte [Society for musical performing and mechanical reproduction rights]), at the latest 4 (four) weeks before the beginning of the event. The Transferor may use the deposit to satisfy claims which arise against the organiser during the contract, or after the end of the contract but in connection with it.

4.6 The deposit under Clause 4.5 can also be made through a bank guarantee from a major German or European bank. This must be directly enforceable, if necessary upon first demand, be unlimited and be granted with a waiver of the rights of contestability, offsetting, preliminary injunction and depositing.

4.7 The Transferor is entitled to refuse entry to the rented rooms and objects until full payment/provision of the deposit has been made.

5 Liability of the Transferor

5.1 Exhibits or other personal items (including those belonging to the event’s participants) are brought into the Transferor’s rooms at the organiser’s risk. The organiser shall ensure that none of his belongings are left behind on the Transferor’s premises after the end of the event. The Transferor, however, assumes no liability for loss or damage.

5.2 In other respects, the Transferor bears liability where there is gross negligence and intent, as well as for injury to life, limb or health. His liability is limited to the sum insured under his business liability insurance. In addition, the Transferor bears liability for violation of cardinal duties (those contractual obligations which enable the proper implementation of the contract in the first place and upon fulfilment of which the organiser therefore relies and may rely) within the scope of damage that is foreseeable and typical on conclusion of the contract; the liability ceiling under sentence 2 applies to atypical damage.

6 Conditions of use and liability of the organiser

6.1 The rooms transferred are non-smoking rooms. The installation of pictures, posters, nails for hanging, as well as using adhesives to stick any documents or objects to the walls or furnishings, is prohibited. The technology provided by the Transferor may only be operated by trained personnel.

6.2 It is incumbent upon the organiser to comply with all legal requirements applicable in connection with the event (e.g. obtaining any necessary permissions, compliance with the provisions for immission control, the prohibition of producing illegal content, health and safety provisions, payment of GEMA fees).

6.3 The organiser bears strict liability for all property damage and financial loss suffered by the Transferor which is caused by the organiser, his staff or the participants in the event during same and/or during its preparation. The organiser is obligated to notify the Transferor or his responsible staff of all and any damage to the rooms or the inventory without delay. This also applies to particular incidents, such as complaints from neighbours. The organiser bears liability jointly and severally.

6.4 The organiser indemnifies the Transferor against all possible claims from third parties which are the result of violations of the obligations agreed in Clauses 6.1 to 6.4.

7 Binding force of the booking upon conclusion of the contract

7.1 Bookings are binding on both parties upon signing of the contract. Until then, the Transferor reserves the right to assign otherwisethe subject matter of the contract . A contractual offer sent by the Transferor is binding on him for 2 (two) weeks after sending.

7.2 Should the organiser withdraw from the contract before the contractual period, he shall pay the following to the Transferor in compensation:
20% of the total payable upon withdrawal up to 1 month before the contractual period,
40% of the total payable upon withdrawal up to 2 weeks before the contractual period.

7.3 Withdrawal is not possible less than 2 (two) weeks before the contractual period. Should the organiser nonetheless cancel within this period or, unannounced, not accept the agreed services, the agreed payment is due minus any expenditure saved. The expenditure saved is a lump sum of 40%; expenditure saved deviates from this if the cancellation does not take place at least 3 (three) days before the contractual period and catering services were commissioned, when it shall be shall be a lump sum of 5%. In all cases under Clauses 7.2 and 7.3, the organiser retains the right to prove that the Transferor’s claim did not arise, or did not arise in that amount.

8 Return of the subject matter of the contract
The organiser shall leave the subject matter of the contract in the same condition as it was when it was transferred to him. In derogation from this, the cleaning and waste disposal work shall be carried out or commissioned by the Transferor. The Transferor can invoice the organiser for exceptional cleaning and waste disposal costs.

9 Concluding provisions

9.1 The individual contract is drawn up once for each contractual party. It contains all the provisions agreed between the parties concerning the contractual relationship.

9.2 Amendments and additions to the contract must be provided in writing.

9.3 Should part of these T&Cs be void or voidable, the remaining T&Cs or individual contract remains in force. In this case, the invalid provision is replaced by a legally valid provision that most closely reflects what the contracting parties would have agreed had they recognised the invalidity of the original provision. This applies mutatis mutandis in the event of any omission in these T&Cs.

9.4 The place of jurisdiction shall be Bensheim, insofar as a contractual agreement on jurisdiction is possible.

9.5 German law applies to contracts between the organiser and the Transferor.

As of: January 2015