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Terms and Conditions

General terms and conditions for the hotel accommodation agreement

1. Scope of application

1.1 These terms and conditions shall apply to contracts for the rental of hotel rooms for lodging as well as all other services and deliveries provided by the hotel to the customer in this context (hotel accommodation contract). The term "hotel accommodation agreement" covers and replaces the following terms: accommodation, guest accommodation, hotel, hotel room contract.

1.2 The subletting of rooms provided as well as their use for purposes other than accommodation require the prior written consent of the hotel, whereby § 540 Paragraph 1 Sentence 2 BGB is waived insofar as the customer is not a consumer.

1.3 General terms and conditions of the customer shall only apply if this has been expressly agreed in advance.

2. Conclusion of contract, contract partner, statute of limitations

2.1 The contractual partners are the hotel and the customer. The contract shall come into effect upon the hotel’s acceptance of the customer's request. The hotel shall be at liberty to confirm the room reservation in writing.

2.2 All claims against the hotel shall become statute-barred one year after the start of the statutory limitation period. Claims for damages shall become statute-barred five years after the commencement of the limitation period, depending on knowledge of the facts, unless they are based on injury to life, limb, health or freedom. These claims for damages shall expire in ten years irrespective of knowledge. The shortening of the limitation period shall not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

3. Services, prices, payment, offsetting

3.1 The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.

3.2 The customer shall be obliged to pay the hotel's agreed or valid prices for the provision of the room and the other services. This shall also apply to services commissioned directly by the customer or via the hotel, which are provided by third parties and disbursed by the hotel.

3.3 The agreed prices include the taxes and local levies applicable at the time of the conclusion of the contract. Not included are local taxes which are owed by the guest himself according to the respective municipal law, such as visitor's tax. In the event of a change in the statutory value-added tax or the introduction, change or abolition of local taxes on the object of performance after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this shall only apply if the period between conclusion of the contract and fulfilment of the contract exceeds four months.

3.4 The hotel may consent to a subsequent reduction in the number of rooms booked, the hotel's services or the duration of the customer's stay as requested by the customer dependent on the price for the rooms and/or for the other services of the hotel increasing.

3.5 Invoices of the hotel without a due date shall be payable within ten days of receipt of the invoice without deduction. The hotel may demand immediate payment of due receivables from the customer at any time. In the event of default in payment, the hotel shall be entitled to demand the applicable statutory default interest at the current rate of 8% or in the case of legal transactions in which a consumer is involved, at the rate of 5% above the base rate. The hotel reserves the right to prove higher damages.

3.6 The hotel shall be entitled to demand an appropriate advance payment or security deposit from the customer upon conclusion of the contract, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed in writing in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions shall remain unaffected.

3.7 In well-founded cases, such as, for example, overdue payments on the part of the customer or extension of the scope of the contract, the hotel shall be entitled, even after conclusion of the contract and until the beginning of the stay, to demand an advance payment or provision of security within the meaning of Section 3.6 above or an increase in the advance payment or provision of security agreed in the contract until the full agreed remuneration.

3.8 The hotel shall also be entitled at the beginning and during the stay to demand from the customer an appropriate advance payment or provision of security within the meaning of the foregoing Section 3.6 for existing and future claims arising from the contract, unless such payment has already been made in accordance with the aforementioned Section 3.6 and/or Section 3.7.

3.9. The customer can only charge or settle with an undisputed or legally enforceable claim against a hotel claim.

4. Withdrawal of the customer (cancellation, annulment)
Non-use of hotel services (no-show)

4.1. Withdrawal of the customer from the contract concluded with the hotel is only possible if a right of withdrawal has been expressly agreed in the contract, another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the agreement. The agreement of a right of withdrawal, as well as the possible agreement to a contract cancellation, should be made in written text form.

4.2. If a deadline for a free withdrawal from the contract has been agreed between the hotel and the customer, the customer may withdraw from the contract until then, without triggering payment or the hotel’s damage claims. The customer's right of withdrawal expires if they do not exercise this right to withdraw by the agreed date.

4.3. If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination and if the hotel does not agree to a cancellation of the contract, the hotel retains the right to the agreed remuneration despite non-use of the service. The hotel has to take into account the income from other rental of the rooms as well as the saved expenses. If the rooms are not otherwise rented, the hotel may charge the deduction for expenses saved. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for overnight stays with or without breakfast, as well as for package arrangements with third-party services, 70% for half-board and 60% for full-board arrangements. The customer is free to prove that the aforementioned claim is not incurred or not in the required amount.

5. Withdrawal of the hotel

5.1. If it has been agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is in turn entitled to withdraw from the contract, if there are inquiries from other customers about the contractually booked rooms and the customer, upon the hotel’s request, has not waived their right to withdraw with a reasonable deadline.

5.2. If an advance payment or security deposit agreed or demanded according to clause 3.6 and/or clause 3.7 is not made even after expiry of a reasonable grace period set by the hotel, the hotel is also entitled to withdraw from the contract.

5.3. Furthermore, the hotel is entitled to withdraw from the contract for a materially justified reason, in particular if

  • force majeure or other circumstances for which the hotel is not responsible make fulfilment of the contract impossible; General Terms and Conditions for the Hotel Agreement
  • Rooms or spaces are culpably booked under misleading or false information or concealment of essential information; in this case, the identity of the customer, the solvency or the purpose of the stay may be essential;
  • the hotel has reasonable cause to believe that the use of the service may jeopardise the smooth running of the business, the security or the reputation of the hotel in public, without this being attributable to the domain or organisation of the hotel;
  • the purpose or occasion of the stay is unlawful;
  • there is a violation of clause 1.2 above.

5.4. The justified withdrawal of the hotel does not constitute a claim on the customer’s part for damages.

6. Room preparation, handover and return

6.1. The customer acquires no claim to the provision of certain rooms, as far as this was not expressly agreed.

6.2. Booked rooms are available to the customer from 15:00 on the agreed arrival day. The customer has no right to earlier availability.

6.3. On the agreed departure day, the rooms must be vacated at the latest by 12 noon. Thereafter, the hotel may charge 50% of the full room rate (list price) until 6:00 pm due to the delayed eviction of the room for its contractually agreed use, and 90% from 18:00. Contractual claims of the customer are not justified by this. The customer is free to prove that the hotel has no or a much lower entitlement to user fees incurred.

7. Liability of the hotel

7.1. The hotel is liable for damages caused by injury to life, limb or health. Furthermore, it is liable for other damages that are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of contractual obligations of the hotel. A breach of duty on the hotel’s part is equal to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise stipulated in this clause 7. In the event of disruptions or defects in the services of the hotel, the hotel will make every effort to remedy this with knowledge or immediate notification of the customer. The customer is obliged to contribute to what is reasonable for them to remedy the disturbance and minimise possible damage.

7.2. For items brought in, the hotel is liable towards the customer in accordance with the statutory provisions. The hotel recommends the use of the hotel or room safe. If the guest wishes to contribute money, securities and valuables with a value of more than € 800 or other items with a value of more than € 3,500, this requires a separate retention agreement with the hotel.

7.3. Insofar as the customer is provided with a parking space in the hotel garage or hotel car park, also for a fee, no custody agreement is concluded. In the event of loss or damage to motor vehicles parked or shunted on the hotel property and its contents, the hotel is only liable in accordance with clause 7.1, sentences 1 to 4 above.

7.4. Wake-up calls are carried out by the hotel with the utmost care.

Messages, mail and merchandise for guests are treated with care. The hotel accepts the delivery, storage and - on request - and for a fee the forwarding of all of the above. The hotel is liable only in accordance with the preceding clause 7.1, sentences 1 to 4.

8. Final provisions

8.1. Changes and additions to the contract, the acceptance of the application or these General Terms and Conditions should be made in written text form. Unilateral changes or additions by the customer are invalid.

8.2. Place of performance and place of payment, as well as exclusive place of jurisdiction - also for cheque and exchange disputes - is in the commercial dealings of Friedrichshafen. If a contracting party fulfils the requirements of § 38 (2) ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction is Friedrichshafen.

8.3. German law applies. The application of the UN sales law and conflict of laws is excluded.

8.4. Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.

Terms and conditions for events

I. Scope

1. These terms and conditions apply to contracts for the rental of conference, banquet and function rooms of the hotel for the organisation of events, such as banquets, seminars, meetings, exhibitions and presentations, etc., as well as all other related services and deliveries of the hotel.

2. The subletting or re-letting of the rooms, areas or showcases, as well as the invitation to interviews, sales or similar events require the prior written consent of the hotel, whereby § 540 para. 1 sentence 2 BGB is applied, as far as the customer is not a consumer.

3. Customer's terms and conditions apply only if expressly agreed in writing.

II. Conclusion of contract, partner, liability, statute of limitations

1. The contract is concluded by the acceptance of the customer's request by the hotel; these are the contractors.

2. If the customer/orderer is not the organiser itself or if the organiser engages a commercial agent or organiser, the organiser and the customer shall be jointly and severally liable for all obligations under the contract, provided the hotel has a corresponding statement from the organiser.

3. The hotel shall be liable for its obligations under the contract with the diligence of a prudent businessman. Claims for damages by the customer are excluded. Excluded from this are damages from injury to life, body or health if the hotel is responsible for the breach of duty, other damages which are based on an intentional or grossly negligent breach of duty by the hotel and damages which are based on an intentional or negligent breach of contract typical duties of the hotel. A breach of duty on the part of the hotel shall be equivalent to a breach of duty on the part of a legal representative or vicarious agent. Should disruptions or defects occur in the hotel's services, the hotel shall endeavour to remedy the situation if it becomes aware of such disruptions or defects or if the customer complains immediately. The customer shall be obliged to make all reasonable efforts to remedy the disruption and keep any possible damage to a minimum. Furthermore, the customer shall be obliged to inform the hotel in good time of the possibility of an extraordinarily high loss.

4. All claims against the hotel expire in principle one year from the statutory limitation period. Claims for damages become statute-barred in five years. The limitation periods do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

III. Services, prices, payment, compensation

1. The hotel is obliged to provide the services ordered by the customer and promised by the hotel.

2. The customer is obligated to pay the agreed or usual prices of the hotel for these and other services. This also applies to services and expenses incurred by the hotel to third parties, in particular also for claims of copyright exploitation companies.

3. The agreed prices include the respective statutory value added tax. If the period between the conclusion of the contract and the event exceeds four months and the price generally charged by the hotel for such services increases, the contractually agreed price may be increased appropriately, but not by more than 5%.

4. Invoices of the hotel without a due date are payable within 10 days from receipt of the invoice without deduction. The hotel is entitled to make any accrued claims due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to demand the applicable statutory default interest of currently 8% or, in the case of legal transactions in which a consumer is involved, in the amount of 5% above the base interest rate. The hotel reserves the right to prove higher damages.

5. The hotel is entitled to demand a reasonable advance payment at any time. The amount of the advance payment and the payment dates can be agreed in writing in the contract.

6. In justified cases, for example customer payment arrears or extension of the contract scope, the hotel is entitled, even after conclusion of contract until the beginning of the event, an advance payment or security in accordance with clause III no. 5 or an increase in the contractually agreed advance payment or security deposit until to demand the full agreed remuneration.

7. The customer can only charge or reduce with an undisputed or legally enforceable claim against a hotel claim.

IV. Customer withdrawal as well as participant reduction (cancellation, annulment)

1. A free withdrawal of the customer from the contract concluded with the hotel requires the written consent of the hotel. After signing the contract, free cancellation of the entire event is no longer possible. The following cancellation fees will be charged:

  • from the contract signature period up to 12 weeks before the start of the event 15%
  • from 11 to 4 weeks before the start of the event 50%
  • from 3 weeks to 5 working days before the event 75%
  • from 4 working days to 1 working day before the start of the event 95%
  • from 24 hours before the start of the event 100%

the agreed cover and drink prices as well as packages and room rentals.

5% of the contracted participants can be cancelled free of charge up to 3 working days before the event.

2. If you have not yet selected food and drinks for your lunch or dinner until the above mentioned dates, then we assume an average consumption of EUR 40.00 per person as a basis for calculation of the cancellation costs.

3. In any case, the services provided to third parties are to be paid 100% even if the customer does not use contractual services and a re-letting is no longer possible. This does not apply in the event of a breach of the hotel's obligation to take into account the rights, legal assets and interests of the customer, if the latter can no longer be expected to hold on to the contract or is entitled to any other legal or contractual right of withdrawal.

4. Insofar as a deadline for a free withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer can withdraw from the contract until then, without triggering payment or damage claims of the hotel.

The customer's right of rescission shall lapse if he does not exercise his right of rescission in writing vis-à-vis the hotel by the agreed date, unless there is a case pursuant to Clause IV No. 3 Sentence 2.

5. If a right of rescission has not been agreed or has already expired, if there is no statutory right of rescission or termination and if the hotel does not agree to the cancellation of the contract, the hotel shall retain the right to the agreed remuneration despite non-use of the service. The hotel shall set off the income from renting the rooms to another party as well as the saved expenses.

V. Changes in the number of participants and the time of the event

1. In the event of a deviation upwards, the actual number of participants shall be calculated. An increase in the number of participants by more than 5 % must be notified to the hotel no later than five working days before the start of the event; this requires the hotel's consent, which shall be given in written form.

2. In the event of deviations in the number of participants by more than 10%, the hotel shall be entitled to redetermine the agreed prices and exchange the confirmed rooms, unless this is unreasonable for the customer.

3. If the agreed start or end times of the event are postponed and the hotel agrees to these deviations, the hotel shall be entitled to invoice the additional readiness to perform appropriately, unless the hotel is at fault.

VI. Cancellation by the hotel

1. If the customer's right to withdraw free of charge within a certain period has been agreed in writing, the hotel shall be entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked event rooms and the customer does not waive his right to withdraw upon the hotel's request.

2. If no advance payment has been made as agreed or requested in accordance with clause III No. 5 above, the hotel shall also be entitled to withdraw from the contract.

3. Furthermore, the hotel shall be 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 fulfil the contract; events under misleading or false statements of material facts, e.g. the customer, the purpose or the solvency of the hotel; the hotel has good reason to believe that the event may endanger the smooth operation of the business, the security or the reputation of the hotel in public without this being attributable to the hotel's sphere of control or organisation; there is a violation of Clause I No. 2 or the purpose or cause of the event is unlawful.

4. In the event of justified withdrawal by the hotel, the customer shall not be entitled to claim damages.

VII. Bringing food and drink

The customer is not allowed to bring food and drinks to events. Exceptions require a written agreement from the hotel. In these cases, a contribution will be charged to cover overhead costs.

VIII. Technical equipment and connections

1. If the hotel procures technical and other equipment from third parties for the customer at the customer's instigation, it shall act in the customer's name, power of attorney and for the customer's account. The customer shall be liable for careful handling and proper return. He shall indemnify the hotel against all claims by third parties arising from the provision of these facilities.

2. The use of the customer's own electrical systems 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 at the customer's expense insofar as the hotel is not responsible for such malfunctions or damage. The hotel may record and invoice the electricity costs incurred by the use of the equipment on a flat-rate basis.

3. The customer is entitled, with the consent of the hotel, to use his own telephone, fax and data transmission facilities. The hotel may charge a connection fee for this.

4. If suitable hotel facilities remain unused due to the connection of the customer's own facilities, a cancellation fee may be charged.

5. Any malfunctions in technical or other equipment provided by the hotel shall be remedied immediately if possible. Payments may not be withheld or reduced insofar as the hotel is not responsible for these disruptions.

IX. Loss or damage of items brought

1. Exhibition or other objects, including personal items, carried along by the customer are at the customer's risk in the event rooms or in the hotel. The hotel accepts no liability for loss, destruction or damage, not even for financial losses, except in cases of gross negligence or intent on the part of the hotel. Damages resulting from injury to life, limb or health are excluded from this. In addition, all cases in which safe custody represents a typical contractual obligation due to the circumstances of the individual case shall be excluded from this exemption from liability.

2. Decoration material brought along must meet the fire protection requirements. The hotel is entitled to demand official proof of this. If no such proof is provided, the hotel shall be entitled to remove any material already brought in at the customer's expense. Due to possible damage, the installation and mounting of objects must be agreed in advance with the hotel.

3. Any exhibition or other items brought along must be removed immediately after the end of the event. If the customer fails to do so, the hotel may remove and store the items at the customer's expense. If the objects remain in the event room, the hotel may charge an appropriate compensation for use for the duration of the stay. The customer is free to prove that the aforementioned claim did not arise or did not arise in the required amount.

X. Liability of the customer for damages

1. If the customer is an entrepreneur, he is liable for all damage to buildings or inventory caused by event participants or visitors, employees, other third parties from his area or himself.

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About us

Hotel Gerbe offers everything for your relaxing holiday or business trip in the beautiful region of Lake Constance.

Contact

Hotel Gerbe GmbH & Co.KG
Hirschlatter Strasse 14, 88048 Friedrichshafen
Tel +49 (0) 7541 5090, Fax +49 (0) 7541 55108
info@hotel-gerbe.de, www.hotel-gerbe.de