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General Terms and Conditions of R&S Hotelbetriebs-
gesellschaft mbH
(hereinafter referred to as the ‘hotel’):


Relevant hotels:
Hotel, Auguststrasse 43, D-10119 Berlin
Rooftop Conference, Rosenthaler Strasse 63/64, D-10119 Berlin
Hotel, Torstrasse 136, D-10119 Berlin
Hotel, Graf-Adolf-Straße 60, D-40210 Düsseldorf

1. SCOPE OF APPLICATION, CONCLUSION OF CONTRACT

1.1

These General Terms and Conditions are applicable to all contracts relating to the letting of hotel, conference and event rooms, their management and all other services provided by the hotel for the client (general term meaning the person for whom the hotel has agreed to provide services, e.g. orderer, organizer, guest, etc.).

1.2

The contract between the client and the hotel relating to the said services comes into effect once the hotel provides confirmation of the client’s order. Only these General Terms and Conditions shall be incorporated in the contract; contrary terms and conditions of the client are hereby expressly rejected.

1.3

If a third party acts on behalf of the client, the third party shall be jointly and severally liable to the hotel together with the client. These General Terms and Conditions also apply to the ordering third party.

1.4

A sub-lease or subsequent lease requires the prior written consent of the hotel.

2. PRICES, ADJUSTMENTS, MINIMUM SALES, PREPAYMENTS, SECURITY DEPOSIT, SPECIAL SERVICE FEES

2.1

Prices are determined based on the price list valid at the time of contract. The current price list can be requested for inspection at any time. All prices include VAT charged at the current rate. An increase in the VAT rate or local tax after the contract has been signed will be borne by the client.

2.2

If the confirmation of the order quotes fixed prices and the period between the conclusion of the contract and the provision of the services is more than four months, the hotel is entitled to increase the agreed price; however, not by more than 10% of the original price.

2.3

If an agreed minimum sale has not been achieved, the hotel is entitled to demand 95% of the difference as lost profit, unless the client shows that the hotel has not suffered any or only a smaller loss. The hotel reserves the right to show a higher loss and recover the actual lost profit from the client.

2.4

The hotel is entitled to request a prepayment of 100% of the estimated overall sales upon conclusion of the contract or thereafter. In this case, the hotel may also request payment of a suitable security deposit.

2.5

Services used by the client which are not part of the contract (special services) will be subject to additional fees. A special service, for example, includes the charging of an electrically-powered vehicle by a hotel guest via the hotel’s power supply.

3. RESERVATION, RIGHTS OF WITHDRAWAL

3.1

If the client is entitled to withdraw from an accommodation contract within a stipulated period of time (cancellation period), the client’s right to withdraw from the contract will lapse, also if the client is a tour operator, unless written notification of cancellation has been received by the hotel within the stipulated period of time. If a specific period of time has not been agreed, the hotel must receive written notification of cancellation no later than one month prior to the provision of services.

3.2

If the client has the right of withdrawal within a stipulated period of time, the hotel can also exercise its right to withdraw from the contract within this period if other clients enquire about the rooms reserved by the client, and the client does not waive his/her right of withdrawal when requested by the hotel.

3.3

Furthermore, the hotel is entitled to cancel the contract for a justifiable reason; for example if

- the hotel has good reason to believe that use of hotel services may hinder the smooth running of the hotel, its security or reputation without these being attributable to the hotel’s domain or organization;

- the purpose of or the reason for staying at the hotel is illegal

- the client breaches the aforementioned restrictions on sub-leasing or subsequent leasing without the prior consent of the hotel.

4. WITHDRAWAL OF THE CLIENT (COUNTERMANDING; CANCELLATION), GRADED FLAT-RATE COMPENSATION

4.1

The client agrees to pay the price agreed for services if he/she terminates (cancels and/or countermands) the order prior to the agreed date of arrival, unless cancellation occurs within a stipulated period of time in accordance with clause 3.

4.2

The hotel is entitled to charge the following flat-rate compensation to the client if the order is cancelled outside the withdrawal period in accordance with clause 3:

4.2.1

The following applies for group bookings of more than ten rooms outside trade fair periods in the city of the respective hotel:

Cancellation more than six weeks prior to arrival is free of charge.

Cancellation four weeks prior to arrival will attract a cancellation fee of 50% of the total booking costs.

The client agrees to pay 100% of the total booking costs if cancellation occurs less than four weeks prior to arrival, the client or his/her guests fail to take up the booked services, fail to arrive on the specified day or leave prior to the specified date. The room is guaranteed on the day of arrival. If the client fails to arrive at the time and on the day specified in the contract, the hotel is entitled to let the room to another party.

The client is obliged to make prepayments, indicating the intended use, at the following times:

- a total of 50% of the estimated total will be required six weeks prior to arrival

- the remaining 50% of the estimated total will be required four weeks prior to arrival.

Prepayments cannot be transferred to other reservations and groups.

4.2.2

The following also applies for group bookings of more than ten rooms during trade fair periods in the city of the respective hotel and for the booking of rooms at the Hotel MANI:

Cancellation free of charge is no longer possible once the contract has been signed.

Cancellation eight weeks prior to arrival will attract a cancellation fee of 20% of the total booking costs.

The client agrees to pay 100% of the total booking costs if cancellation occurs less than eight weeks prior to arrival, the client or his/her guests fail to take up the booked services, fail to arrive on the specified day or leave prior to the specified date. The room is guaranteed on the day of arrival. If the client fails to arrive at the time and on the day specified in the contract, the hotel is entitled to let the room to another party.

The client is obliged to make prepayments, indicating the intended use, at the following times:

- a total of 20% of the estimated total will be required upon conclusion of the contract,

- a further total of 80% of the estimated total will be required eight weeks prior to arrival

Prepayments cannot be transferred to other reservations and groups.

4.3

The client shall pay the hotel 50% of the agreed price as flat-rate compensation, irrespective of the time of cancellation, with regard to any other services (e.g. ordered food and drinks) not included in the room reservation (accommodation plus board specified as one amount). If a price has not been agreed, compensation is determined based on the current price list of the hotel, which can be requested for inspection at any time.

4.4

Therefore, any savings made by the hotel and any loss suffered as a result of the cancellation will be compensated. It is assumed that the savings for the hotel will amount to 5% of the fee agreed for the services which were not provided. The client reserves the right to prove that the hotel had higher savings and/or smaller or no loss. The hotel reserves the right to prove that it had smaller savings and/or a higher loss.

5. WAKE-UP SERVICE, MAIL, LOST PROPERTY

5.1

The hotel strives to provide the best possible wake-up service.

5.2

The hotel will handle messages, letters or packages sent for the attention of the client with the utmost care. The hotel agrees to store, return and, for an extra fee, forward such items if so requested by the client.

5.3

Any personal property left behind by the client can be forwarded at the client’s risk and expense if requested. The hotel will store any possessions for a period of six months and charge the client a reasonable storage fee that is customary in such cases and in accordance with the relevant storage costs. At the end of the six months, the belongings will, as far as they have any value, be handed over to the local lost property office.

5.4

The hotel shall only be liable for breach of the duties specified in clause 5 in cases of gross negligence and/or wilful misconduct.

6. LIABILITY, STATUTE OF LIMITATION, SAFEKEEPING, PARKING SPACES

6.1

The hotel will exercise the diligence required in business transactions. If hotel services are disrupted or defective, the hotel will try to remedy the defects in question immediately upon a relevant complaint by the client. The client is obliged to make reasonable efforts to resolve the problem and to keep any potential damage to a minimum.

6.2

Claims for compensation from the client will not be accepted. Except in respect of death or personal injury caused by the hotel’s negligence or as a result of the failure of a legal representative, senior employee or vicarious agent of the hotel to comply with their duties. A breach of duty by a legal representative or a vicarious agent shall constitute a breach of obligation by the hotel.

6.3

In the case of safekeeping, which requires a separate written agreement and to which the hotel is only obliged under the provisions of Section 702 Subsection 3 of the German Civil Code (BGB), the hotel will only be liable for damages caused intentionally or by the gross negligence of its legalrepresentatives, senior employees or vicarious agents. Any liability of the hotel is limited to €3,500.00 per individual claim; the maximum liability coverage for money, securities and valuables according to Section 702 of the German Civil Code (BGB) will be reduced to €800.00 per individual claim.

6.4

The provision of parking space for the client in the hotel garage or the hotel car park – even for a fee – shall not constitute a safekeeping contract. The hotel is not liable for any damages resulting from the disappearance or damage to vehicles and their contents while parked or being driven on hotel premises, except in cases of gross negligence by the hotel. This also applies to the vicarious agents of the hotel. Clauses 6.1 and 6.2 above apply accordingly.

6.5

Sections 536, 536a of the German Civil Code (BGB) shall not apply. The hotel is not liable for theft and damage to clothes or other objects brought by the client and any accompanying persons.

6.6

The limitation period for all claims from the client or a third party is one year from the date of knowledge as defined in Section 199 Subsection 1 of the German Civil Code (BGB). The limitation period for claims against the hotel is five years irrespective of the date of knowledge. This shall not apply to the liability for damages caused by the hotel’s negligence, or in respect of death or personal injury caused by the hotel’s negligence. A breach of duty by a legal representative or a vicarious agent shall constitute a breach of obligation by the hotel.

6.7

Any safekeeping requires an explicit agreement. Set-off, reduction or retention by the client shall only be permissible for undisputed and legally awarded counter-claims.

6.8

Claims for compensation from the client shall not be accepted unless the client sends written notification of the damage (loss, destruction or damage) to the hotel as soon as he/she obtains knowledge of the said damage. This shall not apply to agreed safekeeping and/or to the negligence of hotel staff (Section 703 of the German Civil Code (BGB)).

7. RIGHT OF CANCELLATION IN CASE OF FORCE MAJEURE

7.1

In case of a force majeure (fire, strike, etc.) or other circumstances which prevent the hotel performing its services even when making customary and reasonable effort, in particular circumstances beyond the control of the hotel, the hotel reserves the right to withdraw from the contract without this resulting in client claims, in particular claims for compensation.

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8. DAMAGES CAUSED BY THE CLIENT, LIABILITY OF THE CLIENT

8.1

The client is liable for any damages or losses caused by negligence as defined by Section 276 of the German Civil Code (BGB). Ordinary negligence creates the liability of the client to pay damages.

8.2

The same applies to damages caused by a third party if the client has requested his/her presence at the hotel.

9. USE OF HOTEL FACILITIES, OBJECTS BROUGHT INTO THE HOTEL

9.1

Putting up decorations, etc. as well as the utilization of space inside the hotel but outside the rented rooms, e.g. for exhibition purposes, requires the written consent of the hotel and may demand the payment of an extra fee.

9.2

Any objects brought into the hotel by clients must comply with local fire regulations and all other statutory requirements.

9.3

If these objects are not collected immediately or at the latest twelve hours after the end of the event, they will be stored at the hotel. The client will be expected to pay a reasonable and customary fee – amounting to at least the rental costs for the utilized room. Alternatively, the hotel is entitled to have the objects stored by a forwarding agent, etc. at the expense of the client.

9.4

If the client leaves behind any waste, packaging, etc., the hotel is entitled to dispose of this at the expense of the client.

10. OFFICIAL PERMITS, OBLIGATION TO PAY RATES AND DUTIES, EQUIPMENT

10.1

Clients must obtain in due time and without a relevant request from the hotel all the necessary official permits for an event at their own expense. Clients are also responsible for compliance with statutory regulations and other provisions.

10.2

Any rates and duties payable to third parties, in particular royalties payable to the German Society for Musical Performance and Mechanical Reproduction Rights (GEMA), entertainment tax, etc., must be paid directly by the client to the creditors. The client shall indemnify the hotel from any potential claims from these creditors under a right of recourse.

10.3

If the hotel procures technical or other equipment and/or services from third parties, it shall do so by order and on account of the client. The client will be liable for the careful handling and correct return of the equipment and cannot hold the hotel responsible for the payment of any third party claims associated with the handover of equipment.

11. CONSUMPTION OF FOOD AND DRINKS

The client is not allowed to consume any food or drinks brought into the hotel, neither at events nor in the hotel room. In exceptional cases (e.g. when consuming local and national specialities), a written agreement must be signed by both parties regarding the consumption of food and drinks brought into the hotel by the client. In such cases, the hotel will charge the client a service fee and/or corkage fee for loss of profits based on the hotel’s current price list.

12. TREND EVENTS, ADVERTISING ACTIVITIES, PUBLICATIONS, RESERVATION OF CONSENT

12.1

The client agrees to provide unsolicited information to the hotel immediately, or, at the latest, upon conclusion of the contract that the provision of services and/or the event is likely to arouse public interest due to its political, religious or other character, or harm the interests of the hotel in any way.

12.2

Newspaper advertisements, other advertising activities and publications with a reference to the hotel and/or invitations to interviews and/or sales events always require the prior written consent of the hotel.

12.3

If the client fails to comply with his/her duty to disclose information in accordance with clause 12 and/or circulates advertisements, advertising material, invitations, etc. (also see clause 12.2), without the hotel’s prior approval, the hotel reserves the right to cancel events without prior notice. In such a case, clause 4 of the General Terms and Conditions (payment of rent and reasonable remuneration) shall apply. The client shall release the hotel from any third-party claims for compensation resulting from the cancellation of the event.

13. ARRIVAL, DEPARTURE, NO ENTITLEMENT TO A SPECIFIC ROOM

13.1

The client can access reserved rooms from 3.00 pm on the day of arrival. Rooms must be vacated by midday on the day of departure.

13.2

Unless a later time of arrival has been explicitly agreed, the hotel is entitled to rent reserved rooms to other clients after 6.00 pm on the day of arrival without any liability to the client.

13.3

If the client fails to vacate the room until after midday, the hotel is entitled to charge the client for the loss of profit resulting from the continued use of the room by the client; the flat-rate compensation will amount to €35.00 for checkout by 3.00 pm and a fee equivalent to the agreed room rate per day for checkout after 3.00 pm. The client reserves the right to demonstrate that the hotel suffered no or a smaller loss of profit.

13.4

The client is not entitled to be allocated specific rooms. If such an assurance has been made by the hotel when confirming the order but the rooms are no longer available, the hotel is obliged to find equivalent rooms in the hotel or in another appropriate hotel.

14. PAYMENT, EXCLUSION OF SET-OFF

14.1

Invoices without a fixed due date are payable within 10 days of receipt. Once this period has expired, the client will be in default even without a reminder (Section 286 of the German Civil Code (BGB)). Upon the start of the delay, interest of 5% above the relevant base rate in accordance with the Discount Rate Transitory Act (DÜG) will be added to the invoiced amount. The hotel reserves the right to substantiate and claim higher damages.

14.2

The client shall only be entitled to set off an undisputed or legally awarded claim against a claim of the hotel.

15. RESPECT OF THE HOTEL’S NEIGHBOURS

The hotel is obliged to respect its neighbours. In particular, the hotel must ensure that its guests do not generate noise that will disturb local residents. This may include noise from the playing of music or the screening of films, from radios and televisions or from loud voices or shouting.

Noise should be kept to a minimum during the following periods:

From 1.00 pm to 3.00 pm

From 10.00 pm to 7.00 am

Sundays and national holidays

Noise should be reduced as far as is reasonably practicable at all other times of the day. The hotel staff judge the level of noise that is acceptable in the hotel in light of the hotel’s obligation to its neighbours to prevent noise pollution.

After asking once for the noise to be reduced to an acceptable level, hotel staff are entitled (at any time of the day) to either relocate events to more suitable areas of the hotel or call off events due to the high volume of noise. In both cases, the organizer is obliged to pay the hotel the agreed fee.

16. SPECIAL CONFERENCE AND EVENT SERVICES

16.1. Agreed services

The hotel provides the services described in the detailed order. This order is also used to calculate the individual prices and total costs.

If entertainment expenses are made by individual agreement, written confirmation must be sent by letter or email to the client. Oral agreements or confirmation are not binding until confirmed in writing. If written agreements are not in place, entertainment expenses will, if there is any doubt, be charged at normal hotel rates.

16.2. Additional services

If the organizer desires service amendments or additional services within the scope of the event, the hotel can only refuse these services if it is unable to offer sufficient capacities, as it was not given enough notice to do anything about the issue. This occurs, in particular, if sufficient service staff and/or sufficient food and drinks cannot be provided, as not enough notice was given to get the additional service organized in time.

If the hotel provides additional services, it is entitled to invoice the resulting extra costs (e.g. for staff or the reservation of rooms) separately; the hourly costs for service staff and supervisory staff are usually calculated on a flat-rate basis of €17.50 and €25.00 respectively. Calculation of the number of staff that must be procured and provided by the hotel due to the special requirements of the event and/or at the special request of the client occurs in agreement with the client or, if an agreement is not reached, at the reasonable discretion of the hotel as defined by Section 315 of the German Civil Code (BGB).

Service amendments that result in less effort and costs for the hotel only reduce the overall price if the hotel is notified of these changes in writing by letter or email at least two weeks prior to the actual event.

16.3. Objects brought into the hotel by the client

The client bears sole responsibility for any damage to or loss of objects, exhibits or other items, including personal property, brought into the event rooms and/or hotel by the client. The hotel is not liable for the loss and/or destruction of or damage to such objects, except in cases of gross negligence or intent on the part of the hotel. Legal liability as defined by Section 701 of the German Civil Code (BGB) shall remain unaffected.

Any decorations or decorative materials brought into the hotel by clients must comply with local fire regulations. The hotel has the right to ask for official documents of approval. Due to a risk of damages, an agreement with the hotel must be provided before objects are assembled and installed.

Any exhibits or other items brought into the hotel by the client must be removed immediately at the end of the event. Any property left behind at the hotel shall be removed and stored at the expense of the client. If the removal of items involves excessive effort, the hotel is entitled to leave objects in the event room and to charge the respective room rate during the period they remain in the room. The organizer reserves the right to prove that less damage was incurred; the hotel reserves the right to claim higher damages.

Any packaging materials (cardboard, boxes, plastic, etc.) from products supplied by the client or third party for the event must be disposed of by the client at his/her expense before or after the event. If the client leaves behind any packaging materials, the hotel is entitled to dispose of them at the expense of the client.

16.4. Handling of the event

If the hotel procures technical or other equipment and/or services from third parties, it shall do so by order and on account of the client. The client will be liable for the careful handling and correct return of the equipment and cannot hold the hotel responsible for the payment of any third party claims associated with the handover of equipment.

The client is liable for any defects or damage to technical systems on the hotel premises caused by the use of equipment and systems brought into the hotel by the client or organizer, unless such damages are caused by the gross negligence or intent of the hotel.

The client is entitled to use his/her own telephone and data communications equipment with the prior approval of the hotel. In this case, the hotel is entitled to charge connection fees. If respective hotel systems are unavailable due to the connection of the client’s systems, the hotel is entitled to charge the client a fee for loss of services.

If technical or other equipment provided by the hotel is defective, the hotel will try to remedy the defects in question immediately upon a relevant complaint by the client. Payments cannot be stopped or reduced, unless such defects are caused by the gross negligence or intent of the hotel.

The client must obtain all the necessary official permits for an event at their own expense. The client must adhere to these permits and all other statutory regulations in regard to the event.

It is the responsibility of the client to seek the necessary permissions or authorizations, or settle the relevant royalty fees with royalty collecting and licensing societies (e.g. German Society for Musical Performance and Mechanical Reproduction Rights (GEMA)) for musical performances and other events.

The hotel is entitled to demand reasonable assurances (e.g. insurances, deposits, guarantees) from the organizer.

The client requires the express approval of the hotel before using the name and trademark of the hotel when advertising the event.

17. PLACE OF PERFORMANCE, APPLICABLE LAW, PLACE OF JURISDICTION

The place of performance for both parties is the premises of the hotel. German law shall apply. The place of jurisdiction in commercial matters is Berlin, Germany.

18. WRITTEN-FORM REQUIREMENT, SEVERABILITY CLAUSE

18.1

Any agreements diverging from the contracts or supplementary agreements must be made in writing to become effective. The same applies to any waiver of the written-form requirement.

18.2

Alternatively, statutory law shall apply with regard to all clauses in this contract contravening Sections 305 – 309 of the German Civil Code (BGB). Should a provision of this contract for other reasons than those set out under Sections 305 -309 of the German Civil Code (BGB) be or become invalid, this shall not affect the contract as such. The invalid provision shall be replaced by a provision which reflects the commercial intent and purpose of the invalid provision in a legally effective way. The same shall apply to any omissions in the contract.

Updated November 2011