Terms & Conditions
Hotel, August 43, D-10119 Berlin Hotel, Heide Strasse 62, D-10557 Berlin Rooftop Conference, Rosenthalerstraße 63/64, D-10119 Berlin Hotel, Torstraße 136, D-10119 Berlin Hotel, Graf-Adolf-Straße 60, D-40210 Dusseldorf
1. SCOPE, CONCLUSION OF CONTRACT
1.1 These Terms and Conditions govern contracts for the use of hotel rooms and meeting, banquet facilities, management related and all of the customers (single name for each person who receives any services of the hotel such. as purchaser, organizer, guest, etc.) provided other services of the hotels.
1.2 The contract regarding. Above-mentioned Performance is due to the confirmation of the hotel with the customer. Only these terms and condition are part of the contract; any terms and conditions of the customer are not recognized.
1.3 Has ordered for a customer a third party, then he is liable to the hotel with the customer as joint debtors. These Terms and Conditions also apply to the appointed third party.
1.4 A subletting without the prior written consent of the hotel.
2. Prices, price adjustment, minimum sales, ADVANCES, GUARANTEES, COMPENSATION SPECIAL SERVICES
2.1 Prices are determined by the current at the time of concluding the contract price list, which will be submitted on request at any time. They include the applicable VAT. An increase in taxes after signing the contract shall be borne by the customer. In the order confirmation
2.2 Are fixed prices and are called between the conclusion and performance more than 4 months, the hotel is entitled to the agreed price appropriately by a maximum lift of 10%.
2.3 If a minimum turnover has been agreed and this is not achieved, the hotel may charge 95% of the difference as loss of profit, unless the customer proves a lower or no loss of earnings. The Hotel of prove and claim further damages is reserved.
2.4 The hotel is entitled to require in the contract or subsequently 100% of the expected total turnover as prepayment. Optionally may require in this case an appropriate security deposit by the customer the hotel.
2.5 If the customer claims benefits which are beyond the contractually owed performance (special services), the hotel is purpose to separate remuneration. Under a special performance, for example, falls charging the battery of a motor vehicle operated with electricity by a hotel guest about the current devices of the hotel.
3. RESERVATION, CANCELLATION RIGHTS
3.1 When completed hotel accommodation contracts where the customer can withdraw from the contract within a certain period (reservations), extinguished the right of withdrawal for customers, the tour operator is, if not the within the period specified in the reservation withdrawal has been declared in writing to the hotel. If no deadline mentioned, the withdrawal can be declared no later than one month before commencement of performance in writing to the hotel.
3.2 If the customer has the right to withdraw within an agreed period, also the hotel during this period can withdraw if there are inquiries from other customers regarding the reserved by the customer rooms and not the customer waives any further inquiry of the hotel his right of withdrawal.
3.3 In addition, the hotel is entitled to extraordinary rescission of justifiable cause from the contract, without the customers claims for damages arise, eg if – the hotel has justified cause to believe that the use of hotel services the smooth business operations, safety or reputation might jeopardize the hotel in public, without being attributable to the management or organization of the hotel; – The purpose or the cause of the stay is illegal – the customer violates without prior consent from the above scheme to under- or subletting.
4. CANCELLATION OF THE CUSTOMER (cancellation), differentiated, liquidated damages, ADVANCES
4.1 the agreed remuneration is also to be paid for services booked, if the customer withdraws before the agreed arrival day of booking (or canceling the booking be canceled etc .), unless the cancellation is done within an agreed time limit reservation in accordance with Clause. 3.
4.2 The hotel is entitled to the customer in accordance with a cancellation beyond an agreed reservation period. Section. 3 to calculate the following packages:
4.2.1 For group bookings of ten or more rooms that are to be left outside of trade fairs in the city of the respective establishment, additionally applies: The last free cancellation date of the reservation is six weeks prior to the arrival date. Four weeks before the first arrival 50% of the booking can be canceled free of charge. Should not the cancellation later than 4 weeks prior to arrival, the check-in, or not done to the reserved date of arrival or departure before the above date, the hotel reserves the right to charge the customer all services reserved in full amount. This room is guaranteed on arrival. Should the customer not arrive at the date of the reservation, the right to lease the booked rooms shall be forfeited. The customer is obliged to advance payments, stating the purpose of use to provide the following times: – six weeks before arrival, a prepayment in the amount of 50% of the total estimated cost and – four weeks before arrival is an early payment of remaining sum amounting to 50% dervoraussichtlichen total cost due. Prepayments are not transferable to other reservations and groups.
4.2.2 For group bookings of ten or more rooms that are to be left within trade fairs in the city of the respective establishment, and for bookings of all rooms of the establishment Hotel MANI applies in addition: With contract a free cancellation of the reservation is no longer possible. Eight weeks before the first arrival 20% of the booking can be canceled free of charge. Should not the cancellation later than eight weeks prior to arrival, the check-in, or not done to the reserved date of arrival or departure before the above date, the hotel reserves the right to charge the customer all services reserved in full amount. This room is guaranteed on arrival. Should the customer not arrive at the date of the reservation, the right to lease the booked rooms shall be forfeited. The customer is obliged to advance payments, stating the purpose of use to provide the following times: – conclusion of the contract, an advance payment of 20% of the estimated total cost is due, – eight weeks before arrival, a prepayment of the remaining 80% of the total estimated cost and due , Prepayments are not transferable to other reservations and groups.
4.3 As regards other services (for example, ordered food and drinks) in the room order with included are not (accommodation plus meals in a lump sum), the customer has to pay as liquidated damages irrespective of the date of cancellation 50% of the agreed price. If a price has not been agreed, the damages shall be governed by the current price list of the hotel, which will be presented on request at any time.
4.4 The hotel, however, will be credited that which it saves as a result of the cancellation of the contract on expenses or purchases by renting the reserved rooms or the manpower of its employees or to acquire maliciously refrains. It is thought that the hotel expenses saved in the amount of five percent to the removed to the undelivered part of the services agreed remuneration entitled. The customer has, moreover, the evidence of being relatives or lower damages. The hotel, the detection and claim higher damages is reserved.
5. Wake-up calls, POST, LOST PROPERTY
5.1 The hotel makes every effort to carry out Wake-up calls with the utmost care.
5.2 For the attention of the Customer Messages, mail and merchandise deliveries are handled by the Hotel with care. The hotel will charge the storage, deferral and on request – against commission – forwarding of the same.
5.3 items left behind by the customer will be forwarded on request on the risk and expense of the customer this. The hotel keeps the things six months and charge a reasonable, this standard fee which is based on the expenses for the custody. After the retention period are the things, provided a erkennbarerer value, handed over to the local lost property office.
5.4 The hotel is liable for a breach of the obligation pursuant to section. 5 only for intent and gross negligence.
6. LIABILITY, STATUTE OF LIMITATIONS, storage, garage
6.1 The hotel is liable for the care of a prudent businessman. Should disruptions or defects in the performance of the hotel occur, the hotel will endeavor to immediate notification of the customer, to take remedial action. The customer in turn is obliged to do everything reasonable to contribute to remedying the disruption and to keep any possible damage to a minimum.
6.2 Customer claims for compensation are excluded. This does not include damage resulting from injury to life, body or health, if the hotel is responsible for the breach of duty, and other damages which are based on an intentional or grossly negligent breach of obligation, as well as damages caused by an intentional or negligent breach of typical contractual obligations of the hotel is based. A breach of obligation is of a legal representative or vicarious agent.
6.3 In the event of detention, which requires a separate written agreement and its completion, the hotel is committed only under the conditions of § 702 para. 3 BGB, the hotel is only liable for intent and gross negligence of its legal representatives, executives and vicarious agents. Any liability of the hotel is so far limited to a maximum of EUR 3,500.00 per individual case; for money, securities and valuables within the meaning of § 702 BGB reduced the liability limit to EUR 800.00 per individual case.
6.4 If the customer is a parking space in the hotel garage or a hotel parking lot – well paid – is provided, this does not constitute a safekeeping agreement. For loss of or damage to the hotel property parked or motor vehicles and their contents, the hotel is not liable except for the Hotel attributable intent or gross negligence. This also applies to agents of the hotel. The above items 6.1 and 6.2 apply accordingly.
6.5 The §§536, 536a BGB shall not apply. The hotel is not liable for theft or damage of clothes and items brought by you and your companion.
6.6 All claims of the customer or a third party against the hotel are limited to one year after the commencement of the general statute of limitations dependent upon knowledge in terms of § 199 para. 1 BGB. Claims for damages against the hotel shall, independent of knowledge in five years at the latest. This limitation periods do not apply to claims which are based on an intentional or grossly negligent breach of obligation, as well as the Hotel bodily injury or damage to health or the Hotel attributable loss of life. A breach of obligation is that of a legal representative or vicarious agent.
6.7 A custody requires an express agreement. Offsetting, reduction or retention are permissible for the customer only with undisputed or legally valid determined counterclaims.
6.8 The claims for damages of the customer shall expire if and when the customer does not immediately after becoming aware of writing display to the hotel from the damage (loss, destruction or damage) makes. This does not apply in the case of agreed storage or at the fault of the hotel staff (§ 703 BGB).
7. RIGHT OF WITHDRAWAL force majeure
7.1 In case of force majeure (fire, strike, etc.) or other, the hotel is not responsible obstacles that prevent the hotel itself with the application of customary and reasonable efforts on the provision of services, especially those outside the sphere of influence of the hotel, the hotel reserves the right to withdraw from the contract without the customer being entitled to claim, in particular for damages to stand.
8. DAMAGE BY THE CUSTOMER, CUSTOMER’S LIABILITY
8.1 For any culpable damage or loss within the meaning of § 276 BGB, the customer is liable to the hotel. Already slight negligence established the liability of the customer. 8.2 The same applies to damage caused by third parties, provided they are at the customer in the hotel.
9. USE OF HOTEL ROOMS, introduced OBJECTS
9.1 etc. The installation of decorative material and the use of land at the hotel outside the rented rooms, for exhibition purposes z. B., require the written consent of the hotel and can be made dependent on payment of an additional fee.
9.2 These and other objects brought in by the customer must comply with local fire safety regulations and other public rules.
9.3 If they are not immediately, but picked up no later than within twelve hours after the event, there is a storage at the hotel, for a reasonable, any customary compensation – at least in higher rental costs for the used space – is payable by the customer. Optionally, the Hotel or similar things at the expense of the customer at a freight forwarding store.
9.4 Customer-uncleared rubbish, packaging, etc. can be disposed of at the expense of the customer from the hotel.
10. Official permits, SUPPLY OBLIGATIONS, BODIES
10.1 For an event necessary official permits, the customer has timely and unrequested to procure at his own expense. It is responsible for compliance with public law requirements and other regulations.
10.2 For the event to third parties for paying taxes, in particular GEMA fees, entertainment tax etc., the customer has paid directly to the creditor. From any recourse claims of these creditors, the customer free hotel.
10.3 To the extent the hotel for the customer procures technical or other equipment or services from third parties, it acts in the name and for the account of customers, shall be liable for the careful handling and proper return of the equipment and provides all of the hotel are aimed at third parties arising from the provision free.
The customer may consume outside food and drinks neither events nor in the hotel rooms. In special cases (eg consumption of specific national specialties) a written agreement on the consumption by the customer brought along food and drink are taken. In such a case the customer a service charge or corkage fee of the hotel lost profit will be invoiced, measured in relation to the current price list of the hotel.
12. TREND EVENTS, advertising campaigns, publications, reservation of consent
12.1 The Customer undertakes unrequested the hotel immediately, but not later than clarify in the contract about the fact that the provision of services and / or the event that it is suitable because of their political, religious or other character, public evoke interest or affect otherwise the concerns of the hotel.
12.2 Newspaper advertisements, other advertising measures and publications, which are related to the hotel and / or containing, for example, invitations to interviews or sales events, require basic written consent of the hotel.
12.3 If the customer violates the duty to provide information in accordance with Clause. 12 and / or launched ads / promotions / invitations etc., S. v. Prov.
12.2 without the prior consent, the hotel reserves the right to cancel the events without notice. In this case, paragraph apply. 4 of the General Conditions (payment of rent and of equitable remuneration). The customer provides the hotel in this case, free for all from the cancellation of the event resulting claims by third parties.
13 arrival, departure, NOT ENTITLED TO PROVIDE a particular room
13.1 Reserved rooms are available to the customer from 15:00 clock. You must be vacated on departure day at 12:00 clock.
13.2 Unless expressly agreed a later arrival time, the hotel has the right to assign rooms booked after 18.00 clock otherwise, which the customer can derive a claim without therefrom.
13.3 grants the customer the room after 12:00 clock, the hotel is authorized to charge the customer incurred as a result thereby prejudicing the continued use of the room; namely a lump sum i. H. v. Euro 35,00 at a cleared return to 15:00 clock and in the amount of the agreed price / day at a cleared return after 15:00 clock. The customer is at liberty to show the hotel that no damage or less damage he has suffered.
13.4 The customer is not entitled to certain rooms or premises. But if this were guaranteed in the confirmation of order, the room is not available, the hotel is obliged to seek an equivalent substitute in the house or in other reasonable hotels.
14. Payment, setoff
14.1 Non-calendar-due invoices are due within ten days of receipt of invoice. After expiry of this period the customer is in default without warning (§ 286 BGB). From the occurrence of default, the bill is subject to interest at 5% above the current base rate pursuant DÜG. The hotel, the detection and claim higher damages is reserved.
14.2 The customer may only offset undisputed or legally binding claim against a granted claim by the hotel.
15 CONSIDERATION IN RELATION TO THE HOTEL NEIGHBOURS
The hotel is opposite its neighbors obliged to respect. In particular, the hotel has to ensure that his guests would not pose a calm disturbing noise. Such noise can be, for example in the playing of music, the showing of films and the radio communications with harassing volume or by driving a loud conversations. As a general rest periods following times apply: noon rest from 13.00 until 15.00 clock clock bedtime from 22.00 until 07.00 clock clock Sunday and holiday rest throughout even outside the rest is noise to keep to a reasonable level. What is an appropriate Lautstärkenmaß, remains, given the commitment of the hotel to its neighbors, to avoid noise pollution disturbing calm, reserved the judgment by the hotel staff. After one-time request for adherence to the appropriate volume measurement the hotel staff at any time (in and outside the rest periods) entitled to assign events optionally lärmunempfindlichere surfaces or terminate events due to excessive noise entirely. In both cases, the organizer is the hotel obliged to pay the agreed remuneration.
at conferences and events 16.1. Agreed services to be provided by the hotel services are based on the created by the hotel offer. This offer is also the basis for the calculation of the individual prices and the total remuneration. Where entertainment expenses are taken by individual arrangement, this agreement must be confirmed in writing or by e-mail to the contractor. Verbal agreements or assurances, which have not been detained as above in writing, shall not be valid. If there is a lack of written documentation, the entertainment expenses in doubt are based on consumption and the usual hotel rates.
16.2. Wishes Additional services If the organizer within the event for performance changes or additional services, the hotel can refuse these services only if the hotel given the short time of communication of the coveted extra performance could not establish a sufficient capacity. Such a case exists in particular when there is no adequate service personnel or insufficient food and beverages can be provided of the short duration of the communication on the addition coveted performance. If the hotel provides additional services, it shall be entitled to the additional costs incurred (eg. As for personnel or the free attitude of meeting space) to invoice them separately, in particular personnel costs for service personnel usually at € 17.50 per hour, and for supervisors usually with € will be charged 25.00 per hour. The calculation of staff is due to the special needs of the event or at the specific request of customers procured by the hotel and provided occurs, after consultation with the customer or in the absence of agreement in its reasonable discretion of the hotel in terms of § 315 BGB , Performance changes that lead to lower costs and to cost savings in the hotel, the total price reduction only if they were given two weeks before the event in writing or by e-mail known.
16.3. Articles brought for exhibit and other items including personal are at the risk of the contractor in the event rooms or the hotel. The hotel assumes no liability except in case of gross negligence or willful misconduct of the hotel for loss, destruction or damage. The statutory liability under §§ 701 ff. BGB remains unaffected. Decorations brought in to comply with fire regulations. The hotel is entitled to demand official proof. Because of possible damage, the hanging and the attachment of objects shall be coordinated with the hotel. The exhibition or other items brought must be removed immediately after the event. Objects left behind can be removed and store the hotel at the expense of the contractor. If the distance is connected with disproportionate effort, the hotel, the objects remain in the function room and calculate the respective room rental for the duration of their stay. The organizer is entitled to prove a lower, the hotel, the subject of a higher damage. Packaging materials (cardboard, boxes, plastic, etc.), which arises in connection with the delivery of the event by the contractor or a third party, must be disposed of before or after the event by the other party and at his expense. Should the contractor packaging material to leave the hotel, the hotel is entitled at the expense of the contractor for disposal. 16.4. As far as the hotel for the contractor on his own initiative procured handling of the event technical and other equipment from third parties, it acts in the name, with the authority of and on behalf of the contractor. The contractor is liable for the careful handling and proper return. He shall indemnify the hotel from all claims of third parties arising from the provision of these facilities. By using the customer or organizer bring their own instruments and equipment problems and damages to technical equipment of the hotel are at the expense of the contractor, unless the hotel has this not at fault. The hotel is responsible for only premeditation and gross negligence. The contractor shall be entitled, with the consent of the hotel to use his own telephone, and data transmission equipment. Therefor the hotel Subscriptions and fees may require. Stay by the own equipment is connected by the contractual partner corresponding unused facilities of the hotel, a reasonable failure fee can be charged. The hotel endeavors to repair any faults on provided by the hotel technical or other equipment on immediate notification of the contracting party immediately. Payments can not be withheld or reduced if the Hotel is not responsible for these disorders. The contractor shall provide all that may be necessary for the execution of the event official permits at its own expense. It is responsible for compliance with these permissions and all other public law in connection with the event. The contractor has sole responsibility to handle the under-arranged themselves musical performance and sound necessary formalities and settlements with the competent institutions (eg GEMA). The hotel may require the operators to provide reasonable security (eg insurance, deposits, guarantees). The contractor may use the name and trademark of the hotel as part of the application of its event only after prior agreement with the hotel.
17. PLACE OF PERFORMANCE, APPLICABLE LAW, JURISDICTION
The place of performance is the location of the hotel for both sides. German law applies. Jurisdiction for commercial transactions is Berlin.
18. WRITING, severability clause
18.1 Divergent agreements or side agreements must be made in writing. The same applies to the waiver of this written form requirement. 18.2 With respect to clauses of this contract, against the §§305 ff. – Breach 309 BGB, a substitute, the positive statutory law. If any provision of this contract for reasons other than §§ 305 ff of the. -309 BGB based reasons are or become invalid, this shall not affect the remainder of the contract. The invalid provision shall rather be replaced by a provision which reflects the economic purpose of the ineffective provision in a legally effective manner. The same applies to any contractual loopholes. Of November 2011