Terms and Conditions

General Terms and Conditions for the Hotel Accommodation Contract

1. scope of application

1.1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and all other services and deliveries provided by the hotel for the customer in this context (hotel accommodation contract). The term “hotel accommodation contract” includes and replaces the following terms: Accommodation contract, guest accommodation contract, hotel contract, hotel room contract.

1.2. The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby § 540 paragraph 1 sentence 2 BGB is waived insofar as the customer is not a consumer.

1.3. The customer’s general terms and conditions shall only apply if this has been expressly agreed in advance.

2. conclusion of contract, partner, limitation period

2.1. The contractual partners are the hotel and the customer. The contract is concluded upon acceptance of the customer’s application by the hotel. The hotel is free to confirm the room booking in text form.

2.2. All claims against the hotel are generally subject to a limitation period of one year from the start of the statutory limitation period. Claims for damages are subject to a limitation period of five years, depending on knowledge, unless they are based on injury to life, limb, health or freedom. These claims for damages are subject to a limitation period of ten years regardless 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 is obliged to pay the agreed or applicable prices of the hotel for the room rental and the other services used by him. This also applies to services commissioned by the customer directly 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 duties applicable at the time the contract is concluded. Not included are local taxes that are owed by the guest 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. For contracts with consumers, this only applies if the period between conclusion and fulfillment of the contract exceeds four months.

3.4. The hotel may make its consent to a subsequent reduction in the number of rooms booked, the hotel’s services or the length of the customer’s stay requested by the customer dependent on the price for the rooms and/or for the hotel’s other services being increased.

3.5. Hotel invoices without a due date are payable in full within ten days of receipt of the invoice. The hotel may demand immediate payment of due claims from the customer at any time. In the event of default in payment, the hotel is entitled to charge the applicable statutory default interest of currently 8% or, in the case of legal transactions involving a consumer, 5% above the base interest rate. The hotel reserves the right to provide evidence of higher damages.

3.6. The hotel is entitled to demand a reasonable 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 can be agreed in text form in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected.

3.7. In justified cases, for example if the customer is in arrears with payment or if the scope of the contract is extended, the hotel is entitled, even after conclusion of the contract up to the start of the stay, to demand an advance payment or security deposit within the meaning of Section 3.6 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.

3.8. Furthermore, the hotel is entitled to demand a reasonable advance payment or security deposit from the customer at the beginning and during the stay within the meaning of Section 3.6 above for existing and future claims arising from the contract, insofar as such a payment has not already been made in accordance with Section 3.6 and/or Section 3.7 above.

3.9. The customer may only offset or set off an undisputed or legally binding claim against a claim of the hotel.

4. withdrawal by the customer (cancelation)
Non-utilization of the hotel’s services (no-show)

4.1. The customer may only withdraw from the contract concluded with the hotel 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 contract. The agreement of a right of withdrawal as well as any consent to a contract termination should be made in text form.

4.2. If the hotel and the customer have agreed on a date for a cost-free withdrawal from the contract, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal vis-à-vis the hotel 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 cancel the contract, the hotel shall retain the claim to the agreed remuneration despite non-utilization of the service. The hotel must offset the income from renting the rooms to other parties as well as the expenses saved. If the rooms are not rented to other parties, the hotel may make a lump-sum deduction for saved expenses. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for accommodation with or without breakfast and 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 did not arise or did not arise in the amount claimed.

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, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers for the contractually booked rooms and the customer does not waive his right of withdrawal upon enquiry by the hotel with a reasonable deadline.

5.2. If an advance payment or security deposit agreed or demanded in accordance with Section 3.6 and/or Section 3.7 is not made even after a reasonable grace period set by the hotel has expired, the hotel shall also be entitled to withdraw from the contract.

5.3. Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if

• Force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract; General Terms and Conditions for the Hotel Accommodation Contract
• rooms or rooms are culpably booked with misleading or false information or concealment of material facts; material facts may include the identity of the customer, the ability to pay or the purpose of the stay;
• the hotel has justified cause to believe that the use of the service may jeopardize the smooth operation, security or public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organization;
• the purpose or reason for the stay is unlawful;
• there is a breach of section 1.2 above.

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

6. room provision, handover and return

6.1. The customer shall not acquire any entitlement to the provision of specific rooms unless this has been expressly agreed.

6.2. Booked rooms are available to the customer from 15:00 on the agreed day of arrival. The customer is not entitled to earlier provision.

6.3. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 12:00 noon at the latest. Thereafter, the hotel may charge 50% of the full accommodation price (list price) for the late vacating of the room until 6 p.m., and 90% from 6 p.m. onwards. This shall not give rise to any contractual claims on the part of the customer. The customer is at liberty to prove that the hotel has no or a significantly lower claim to compensation for use.

7 Liability of the hotel

7.1. The hotel is liable for damages for which it is responsible arising from 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 typical contractual obligations by the hotel. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. Further claims for damages are excluded, unless otherwise regulated in this clause 7. Should disruptions or defects occur in the hotel’s services, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to make reasonable efforts to remedy the disruption and minimize any possible damage.

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

7.3. If the customer is provided with a parking space in the hotel garage or on the hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. In the event of loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel shall only be liable in accordance with the above Section 7.1, sentences 1 to 4.

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

Messages, post and consignments for guests are handled with care. The hotel will take care of the delivery, storage and – on request – forwarding of the same for a fee. The hotel shall only be liable in accordance with the above clause 7.1, sentences 1 to 4.

8. final provisions

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

8.2. The place of fulfillment and payment as well as the exclusive place of jurisdiction – also for check and bill of exchange disputes – is Friedrichshafen for commercial transactions. If a contractual partner fulfills the requirements of § 38 paragraph 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be Friedrichshafen.

8.3. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and the 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 all other respects, the statutory provisions apply.

General Terms and Conditions for Events

I. Scope of application

1. these terms and conditions apply to contracts for the rental of conference, banquet and event rooms of the hotel for the organization of events such as banquets, seminars, conferences, exhibitions and presentations, etc. as well as for all other related services and deliveries of the hotel.

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

3. the customer’s terms and conditions shall only apply if this has been expressly agreed in writing in advance.

II Conclusion of contract, partners, liability, statute of limitations

1. the contract is concluded when the hotel accepts the customer’s application; these are the contracting parties.

2. if the customer / orderer is not the organizer himself or if a commercial agent or organizer is engaged by the organizer, the organizer shall be jointly and severally liable with the customer for all obligations arising from the contract, provided that the hotel has received a corresponding declaration from the organizer.

3. the hotel shall be liable for its obligations under the contract with the diligence of a prudent businessman. Claims of the customer for damages are excluded. Excluded from this are damages resulting from injury to life, body or health if the hotel is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by the hotel and damages based on an intentional or negligent breach of typical contractual obligations by the hotel. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. Should disruptions or defects occur in the hotel’s services, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to make reasonable efforts to remedy the disruption and minimize any possible damage. In addition, the customer is obliged to inform the hotel in good time of the possibility of exceptionally high damages.

4. all claims against the hotel shall generally become time-barred one year after the commencement of the statutory limitation period. Claims for damages are subject to a limitation period of five years regardless 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.

III Services, prices, payment, offsetting

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

2. the customer is obliged to pay the agreed or usual hotel prices for these and other services used. This also applies to services and expenses of the hotel to third parties arranged by him, in particular also to claims of copyright collecting societies.

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 by no more than 5%.

4 Hotel invoices without a due date are payable in full within 10 days of receipt of the invoice. The hotel is entitled to declare accrued claims due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest of currently 8% or, in the case of legal transactions involving a consumer, 5% above the base interest rate. The hotel reserves the right to provide evidence of higher damages.

5. the hotel is entitled to demand an appropriate 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 if the customer is in arrears with payment or if the scope of the contract is extended, the hotel is entitled to demand an advance payment or security deposit in accordance with Clause III No. 5 or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration, even after conclusion of the contract up to the start of the event.

7. the customer may only offset or reduce a claim of the hotel with an undisputed or legally binding claim.

IV. Withdrawal by the customer and reduction in the number of participants (cancelation)

1. a cost-free withdrawal by the customer from the contract concluded with the hotel requires the written consent of the hotel. Once the contract has been signed, it is no longer possible to cancel the entire event free of charge. The following cancellation costs will be charged:

• 15% from the time the contract is signed until 12 weeks before the start of the event
• from 11 to 4 weeks before the start of the event 50%
• from 3 weeks to 5 working days before the start of 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 beverage prices as well as flat rates and room rentals.

5% of the contractually agreed participants can be canceled 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 by the above dates, we will assume an average consumption of EUR 40.00 per person as the basis for calculating the cancellation costs.

3. in any case, the services arranged with third parties must be paid for in full even if the customer does not make use of contractual services and it is no longer possible to sublet them. This shall not apply in the event of a breach of the hotel’s obligation to take into account the rights, legal interests and interests of the customer, if the customer can no longer reasonably be expected to adhere to the contract as a result or is otherwise entitled to a statutory or contractual right of withdrawal.

4. if the hotel and the customer have agreed in writing on a date for a cost-free withdrawal from the contract, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel.

The customer’s right of withdrawal shall expire if he does not exercise his right of withdrawal in writing vis-à-vis the hotel by the agreed date, unless a case pursuant to clause IV no. 3 sentence 2 exists.

5. if a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination and the hotel does not agree to a cancellation of the contract, the hotel retains the claim to the agreed remuneration despite non-utilization of the service. The hotel must offset the income from renting the rooms to other parties and the expenses saved.

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

1. in the event of an upward deviation, the actual number of participants will be charged. 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 must be given in text form.

2. if the number of participants deviates by more than 10%, the hotel is entitled to redetermine the agreed prices and to 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 may charge a reasonable amount for the additional readiness to perform, unless the hotel is at fault.

VI Cancellation by the hotel

1. if the customer’s right to withdraw from the contract free of charge within a certain period has been agreed in writing, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers for the contractually booked event rooms and the customer does not waive his right of withdrawal upon enquiry by the hotel.

2. if an agreed advance payment or an advance payment demanded in accordance with Clause III No. 5 above is not made, the hotel shall also be entitled to withdraw from the contract.

3. furthermore, the hotel is 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 fulfill the contract; events are booked with misleading or false information regarding material facts, e.g. of the customer, the purpose or solvency; the hotel has justified cause to believe that the event may jeopardize 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 organization; there is a breach of Clause I No. 2 or the purpose or occasion of the event is unlawful.

4. in the event of justified withdrawal by the hotel, the customer shall have no claim to compensation.

VII Bringing food and beverages

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

VIII Technical equipment and connections

1. insofar as the hotel procures technical and other equipment from third parties for the customer at the customer’s request, it acts in the name, on behalf of and for the account of the customer. The customer is liable for careful handling and proper return. He shall indemnify the hotel against all third-party claims arising from the provision of these facilities.

2. the use of the customer’s own electrical equipment 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 borne by the customer, insofar as the hotel is not responsible for them. The hotel may record and charge a flat rate for the electricity costs incurred through use.

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

4. if suitable hotel equipment remains unused due to the connection of the customer’s own equipment, a compensation fee may be charged.

5. faults in technical or other equipment provided by the hotel will be rectified immediately if possible. Payments may not be withheld or reduced insofar as the hotel is not responsible for these disruptions.

IX. Loss of or damage to items brought onto the premises

1. exhibits or other items, including personal items, are kept in the event rooms or in the hotel at the customer’s risk. The hotel accepts no liability for loss, destruction or damage, including financial loss, except in cases of gross negligence or intent on the part of the hotel. This does not apply to damages resulting from injury to life, limb or health. In addition, all cases in which safekeeping is a typical contractual obligation due to the circumstances of the individual case are excluded from this exemption from liability.

2. any decoration material brought along must comply with fire safety requirements. The hotel is entitled to demand official proof of this. If such proof is not 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 attachment of objects must be agreed with the hotel in advance.

3. exhibits or other items brought onto the premises must be removed immediately after the end of the event. If the customer fails to do so, the hotel may remove and store the goods at the customer’s expense. If the items remain in the function room, the hotel may charge a reasonable compensation for use for the duration of their retention. The customer is at liberty to prove that the above-mentioned claim did not arise or did not arise in the amount claimed.

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.