Terms and Conditions for Events
I. Scope of Applicability
1. These Terms and Conditions govern contracts for the rental
of the hotel’s conference, banquet, and convention
rooms for events such as banquets, seminars, conferences,
exhibi-tions and presentations, etc., as well as all other
associated services and goods connected therewith provided
by the hotel.
2. The hotel’s prior written consent is required if
the rooms, areas, or display cases are to be rented or sublet
to a third party, or if invitations are issued for introductory
interviews, sales promotions, or similar events, whereby
§ 540, para. 1, sentence 2 German Civil Code is waived
insofar as the customer is not a consumer.
3. The customer’s general terms and conditions shall
apply only if this is previously expressly agreed in writing.
Conclusion of Contract, Parties, Liability, Statute of Limitations
1. The contract shall come into force upon the hotel’s
acceptance of the customer’s applica-tion. They are
the parties to the contract.
2. If the customer/ordering party is not the event organizer
itself, or if a commercial agent or organizer is being used
by the event organizer, then these parties shall be liable
together with the event organizer as joint and several debtors
for all obligations arising from the con-tract, insofar
as the hotel has received a corresponding statement of the
event organizer .
3. The hotel shall be liable to exercise the duty of care
of an ordinary merchant with the performance of its obligations
arising from the contract. Claims of the customer for reim-bursement
of damages are precluded except for such which result from
injury to life, body or health and the hotel is responsible
for the breach of the obligation, other damage which is
caused from an intentional or grossly negligent breach of
obligation and damage which is caused from an intentional
or negligent breach of obligations of the hotel which are
typical for the contract. A breach of obligation of the
hotel is deemed to be the equivalent of a breach of a statutory
representative or employee. Should disruptions or defects
in the per-formance of the hotel occur, the hotel shall
act to remedy such upon knowledge thereof or upon objection
without undue delay by the customer. The customer shall
be obliged to un-dertake actions reasonable for him to eliminate
the disruption and to keep any possible damage at a minimum.
In addition, the customer shall be obliged to notify the
hotel in due time if there is a possibility that extraordinarily
extensive damage may be incurred.
4. All claims against the hotel shall be generally time-barred
one year after the statutory commencement of the contract.
Reimbursement of damage claims shall be time-barred af-ter
five years, independent of knowledge. The reduction of the
statute of limitation periods shall not apply for claims
which are based on an intentional or grossly negligent breach
of obligation by the hotel.
Services, Prices, Payment, Set-Off
1. The hotel is obligated to render the services ordered
by the customer and agreed upon by the hotel.
2. The customer is obligated to pay the hotel’s prices
agreed or the customary hotel’s prices for such services
or other services utilized. This shall also apply to services
and expenses of the hotel to third parties caused by the
customer, in particular, also for claims of copyright exploitation
3. Value-added tax as required by law is included in the
agreed prices. If the period between conclusion of the contract
and the event exceeds four months and if the price generally
charged by the hotel for such services increases, then the
agreed price may be raised to a reasonable degree, not,
however, to exceed five percent.
4. Hotel invoices not stating a due date are payable and
due in full within ten days of receipt. The hotel shall
be entitled at any time to make accumulating accounts receivable
payable and due and to demand payment without undue delay.
With default of payment, the hotel shall be entitled to
demand the respectively applicable statutory default interest
in the amount of currently 8 percent or, with legal transactions
with a consumer, in the amount of 5 percent above the base
interest rate. The hotel reserves the right to prove greater
5. The hotel is entitled to require a reasonable advance
payment at any time. The amount and date of the advance
payment may be agreed in writing in the contract.
6. The customer may only set-off or reduce a claim of the
hotel with a claim which is undis-puted or decided with
final, res judicata effect.
Repudiation by the Customer (Cancellation, Annulment)
1. The written agreement of the hotel shall be required
for cancellation by the customer of the contract concluded
with the hotel. If such agreement is not given then the
agreed room rate from the contract as well as the services
caused to be performed by third parties shall also be paid
in any case in the event that the customer does not avail
himself of the contractual services and rental to a third
party is no longer possible. This shall not apply with the
breach of the obligation of the hotel to take into account
the rights, objects of legal protection and interests of
the customer, if holding to the contract is no longer reasonable
or another statu-tory or contractual cancellation right
2. Insofar as the hotel and the customer have agreed in
writing to a date for a cost-free cancel-lation of the contract,
the customer may cancel the contract up to that date without
causing payment or reimbursement claims by the hotel. The
cancellation right of the customer shall dissolve if he
does not exercise his cancellation right in writing up until
the agreed date, in-sofar as no case pursuant to Nr. 1,
sentence 3 supra exists.
3. If the customer cancels between the eighth and fourth
week prior to the date of the event, the hotel shall be
entitled to charge – in addition to the agreed rent
– 35 percent of lost food sales (70 percent of food
sales for any later cancellation).
4. Food sales are calculated using the following formula:
menu price event times the number of participants. If no
price had yet been agreed for the menu, then the least expensive
three-course menu in the current set of event offerings
5. If a seminar flat rate per participant has been agreed,
then the hotel shall be entitled to charge, with a cancellation
between the eighth and fourth week prior to the date of
the event, 60 percent of the seminar flat rate times the
agreed number of participants (85 per-cent for any later
6. The deduction of saved expenses is taken into account
with the numbers 3 to 5 supra. The customer shall be free
to prove that the above-mentioned claim was not created
or not cre-ated in the demanded amount.
Repudiation by the Hotel
1. Insofar as the cost-free right of cancellation by the
customer within a certain time period has been agreed in
writing, the hotel shall be entitled to cancel the contract
itself within this time period if inquiries of other customers
for the contractually booked event rooms exist and the customer,
upon inquiry by the hotel, does not waive his right of cancellation.
2. Should an agreed advance payment or an advance payment
demanded pursuant to Item III, Nr. 5 not be paid, then the
hotel shall also be entitled to cancel the contract.
3. Furthermore, the hotel is entitled to rescind the contract
for justifiable cause, i.e.:
• If force majeure or other circumstances beyond the
hotel’s control render fulfillment of the contract
• If events are booked using misleading or false representation
of material facts such as the customer or purpose;
• If the hotel has good reason to assume that the
event might jeopardize the hotel’s smooth operations,
security, or public reputation without these being attributable
to the hotel’s sphere of dominion or organization;
• If there is a breach of the item: I. Nr. 2 supra.
4. Upon justified cancellation by the hotel, the customer
shall have no claim to reimbursement of damage.
Changes in Number of Participants and Time of Event
1. If the number of participants changes by more than five
percent, the hotel must be informed at the latest five business
days before the start of the event. Such change must be
approved in writing by the hotel.
2. A reduction in the number of participants of no more
than five percent by the customer shall be acknowledged
by the hotel in its charges. For changes exceeding this
amount, the origi-nally agreed number of participants minus
five percent will be used. The customer shall have the right
to reduce the agreed price by the expenses saved by him
as proved due to the reduced number of participants.
3. If there is an upward change, charges will reflect the
actual number of participants.
4. If the number of participants changes by more than ten
percent, the hotel shall be entitled to redetermine the
agreed prices and to exchange the confirmed room reservations
unless this is unreasonable for the customer.
5. If the event’s agreed starting or ending times
change and the hotel agrees to such devia-tions, the hotel
may reasonably charge for the added cost of stand-by service,
unless the ho-tel is at fault.
Bringing of Food and Beverages
The customer may not bring food or beverages to events.
Exceptions must be agreed in writing with the hotel. In
such cases, a charge will be made to cover overhead expenses.
Technical Facilities and Connections
1. To the extent the hotel obtains technical and other facilities
or equipment from third parties for the customer at the
customer’s request, it does so in the name of, with
power of attorney and on the account of the customer.
The customer is responsible for the careful handling and
proper return of the equipment. The customer shall indemnify
the hotel from all third-party claims arising from the provision
of the facilities or equipment.
2. Written consent is required for using the customer’s
electrical systems on the hotel's electrical circuit. The
customer shall be liable for malfunctions of or damage to
the hotel’s technical facilities caused by using such
equipment, to the extent that the hotel is not at fault.
The hotel may charge a flat fee for electricity costs incurred
through such usage.
3. The customer is entitled to use his own telephone, telefax,
and data transfer equipment with the hotel’s consent.
The hotel may charge a connection fee.
4. If suitable hotel equipment remains unused because the
customer’s own equipment is connected, a charge may
be made for lost revenue.
5. Malfunctions of technical or other equipment provided
by the hotel will be remedied immedi-ately whenever possible.
To the extent the hotel was not responsible for such malfunctions,
payment may not be withheld or reduced.
Loss of or Damage to Property Brought In
1. Customer shall bear the risk of damage or loss for objects
for exhibit or other items including personal property brought
into the event rooms/hotel. The hotel assumes no liability
for loss, destruction, or damage to or of such objects,
also not for property damages, with the excep-tion of cases
of gross negligence or intent on the part of the hotel.
Excepted herefrom are cases of damage caused as a result
of injury to life, body or health. In addition, in all cases
in which the safekeeping represents an obligation typical
for a contract due to the circum-stances of the individual
case, release from this liability shall be prohibited.
2. Decorations brought in must conform to the fire protection
technical requirements. The hotel is entitled to require
official evidence thereof. Should such proof not be given,
then the hotel shall be entitled to remove materials already
brought in at the cost of the customer. Due to the possibility
of damage, the hotel must be asked before objects are assembled
3. Objects for exhibit and other items must be removed immediately
following the end of the event. If the customer fails to
do so, the hotel may remove and store such at the customer’s
expense. If the objects remain in the room used for the
event, the hotel may charge a reasonable compensation for
use for the pe-riod that they remain there. The customer
is free to prove that the above-mentioned claim was not
created or not created in the amount claimed.
Customer’s Liability for Damage
1. Insofar as the customer is a business owner, it shall
be liable for all damage to buildings or furnishings caused
by participants in or visitors to the event, employees,
other third parties associated with the customer and the
2. The hotel may require the customer to provide reasonable
security (e.g., insurance, security deposits, sureties).
1. Amendments or supplements to the contract, the application
acceptance, or these General Terms and Conditions for Events
should be made in writing. Unilateral amendments and supplements
by the customer are invalid.
2. Place of performance and payment is the location of the
hotel’s registered office.
3. In the event of litigation, the courts at the location
of the hotel’s registered office shall have exclusive
jurisdiction for commercial transactions, including disputes
regarding checks and bills of exchange. To the extent a
party fulfills the requirement of the German Code of Civil
Procedure, § 38, para. 2, and does not maintain a general
domestic venue, the courts at the location of the hotel’s
registered office shall have exclusive jurisdiction.
4. The contract is governed by and construed in accordance
with German law. The application of the UN Convention on
the International Sale of Goods and the conflict of laws
5. Should individual provisions of these General Terms and
Conditions for Events be invalid or void, the validity of
the remaining provisions shall remain unaffected thereby.
Moreover, the statutory provisions apply.