General Terms and Conditions of havenhostel Hotels for Events
1.1 These terms and conditions apply to contracts for the rental of conference and event rooms of the hotel for the organisation of events such as seminars, conferences, exhibitions and presentations, etc., as well as to all other services and deliveries of the hotel provided to the customer in this context. The terms and conditions apply to services and deliveries of havenhostel Hotels (hereinafter referred to as: Hotel) under the following company names:
havenhostel Germany GmbH
Dillinger Street 3
havenhostel Bremerhaven GmbH
havenhostel Cuxhaven GmbH
Captain Alexander Street 16
havenhostel Stade GmbH
Am Schwingedeich 5
1.2 The sub-letting or re-letting of the rooms and areas provided as well as the invitation to job interviews, sales or similar events require the prior consent of the hotel in text form, whereby Section 540 (1) sentence 2 of the German Civil Code (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.
II. CONCLUSION OF THE CONTRACT, CONTRACTING PARTIES, LIABILITY, LIMITATION PERIOD
2.1 The contracting parties are the hotel and the customer. The contract is concluded by the hotel's acceptance of the customer's application. The hotel is free to confirm the booking of the event in text form.
2.2 The hotel shall be liable for damages for which it is responsible arising from injury to life, limb or health. Furthermore, it shall be liable for other damages based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of duties typical for the contract by the hotel. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent. Further claims for damages, unless otherwise provided for in clause 9, are excluded. In the event of disruptions or defects in the hotel's services, the hotel shall endeavour to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obligated to contribute what is reasonable to him in order to remedy the disruption and keep any possible damage to a minimum. Furthermore, the customer is obliged to inform the hotel in good time of the possibility of an extraordinarily high loss.
2.3 All claims against the hotel are generally subject to a limitation period of one year from the statutory commencement of the limitation period. This does not apply to claims for damages and other claims if the latter are based on an intentional or grossly negligent breach of duty by the hotel.
III. SERVICES, PRICES, PAYMENT, OFFSETTING
3.1 The hotel is obliged to provide the services ordered by the customer and promised by the hotel.
3.2 The customer is obliged to pay the agreed or applicable prices of the hotel for these and other services used. This also applies to services commissioned by the customer directly or via the hotel, which are provided by third parties and paid for by the hotel. In particular, this also applies to claims of copyright collecting societies.
3.3 The agreed prices include the taxes applicable at the time of conclusion of the contract. In the event of changes to the statutory value added tax or the introduction, amendment or abolition of local levies 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 and performance of the contract exceeds four months.
3.4 Invoices of the hotel without a due date are payable without deduction within ten days of receipt of the invoice. The hotel may demand immediate payment of due receivables from the customer at any time. In the event of default of payment by the customer, the statutory provisions shall apply. The hotel reserves the right to prove higher damages.
3.5 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 may be agreed in text form in the contract. In the event of default of payment by the customer, the statutory provisions shall apply.'
3.6 In justified cases, e.g. payment arrears 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 up to the start of the event, to demand an advance payment or provision of security within the meaning of clause 3.5 above or an increase in the advance payment or provision of security agreed in the contract up to the full agreed remuneration.
3.7 The customer may only set off or offset an undisputed or legally enforceable claim against a claim of the hotel.
IV. WITHDRAWAL OF THE CUSTOMER (CANCELLATION)
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, if another statutory right of withdrawal exists or if the hotel expressly consents to the cancellation of the contract. The agreement of a right of withdrawal as well as the possible consent to a cancellation of the contract shall in each case be made in text form.
4.2 If the hotel and the customer have agreed on a date for withdrawal from the contract free of charge, the customer may withdraw from the contract up to that date without triggering claims for payment or damages on the part of 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, if 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 shall retain the claim to the agreed remuneration despite the non-utilisation of the service. The hotel shall offset the income from renting the rooms to other parties as well as the expenses saved. The expenses saved in each case may be calculated as a lump sum in accordance with Clauses 4.4, 4.5 and 4.6. The customer is at liberty to prove that the claim did not arise or did not arise in the amount claimed. The hotel is at liberty to prove that a higher claim has arisen.
4.4 If the customer withdraws only between the 8th and the 4th week before the date of the event, the hotel is entitled to charge 35% of the lost food turnover in addition to the agreed rental price, and 70% of the food turnover for any later withdrawal.
4.5 The calculation of the meal turnover is based on the formula: Agreed menu price x number of participants. If no price has yet been agreed for the menu, the cheapest 3-course menu of the respective valid event offer shall be used as a basis.
4.6 If a conference fee per participant has been agreed, the hotel is entitled to charge 60% of the conference fee x agreed number of participants in the event of cancellation between the 8th and the 4th week before the date of the event, and 85% in the event of later cancellation.
V WITHDRAWAL OF THE HOTEL
5.1 If it has been agreed that the customer may withdraw from the contract free of charge within a certain period of time, the hotel shall be entitled for its part to withdraw from the contract during this period if there are enquiries from other customers about the contractually booked event rooms and the customer does not waive his right to withdraw after being asked by the hotel and setting a reasonable deadline.
5.2 If an advance payment or security deposit agreed or demanded in accordance with clause 3.5 and/or clause 3.6 is not made even after expiry of a reasonable grace period set by the hotel, 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
5.4 The justified withdrawal of the hotel does not justify a claim for damages on the part of the customer.
VI. CHANGES IN THE NUMBER OF PARTICIPANTS AND THE TIME OF THE EVENT
6.1 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; it shall require the hotel's consent, which shall be given in text form. Settlement shall be based on the actual number of participants, but at least 95% of the agreed higher number of participants. If the actual number of participants is lower, the customer shall have the right to reduce the agreed price by the additional expenses saved due to the lower number of participants, which must be proven by the customer.
6.2 A reduction in the number of participants by more than 5% should be notified to the hotel in good time, at the latest five working days before the start of the event. The invoice shall be based on the actual number of participants, but at least 95% of the ultimately agreed number of participants. Clause 6.1 sentence 3 shall apply accordingly.
6.3 In the event of a reduction in the number of participants by more than 10%, the hotel shall be entitled to exchange the confirmed rooms, taking into account any deviating room rent, unless this is unreasonable for the customer'.
6.4 If the agreed start or end times of the event are postponed and the hotel agrees to these deviations, the hotel may charge appropriately for the additional service provided, unless the hotel is at fault.
VII BRINGING FOOD AND DRINK WITH YOU
As a rule, the customer may not bring food and beverages to events. Exceptions require an agreement with the hotel. In these cases, a contribution to cover overhead costs will be charged.
VIII TECHNICAL EQUIPMENT AND CONNECTIONS
8.1 Insofar as the hotel procures technical and other equipment from third parties for the customer at the customer's instigation, it shall act in the name of, on the authority of and for the account of the customer. The customer shall be liable for the careful handling and proper return of the equipment. He shall indemnify the hotel against all claims of third parties arising from the provision of these facilities.
8.2 The use of the customer's own electrical equipment using the hotel's power supply system requires the customer's consent. Any disruptions or damage to the hotel's technical equipment caused by the use of such equipment shall be borne by the customer insofar as the hotel is not responsible for such disruptions or damage. The hotel may record and charge the electricity costs incurred by the use of such equipment on a flat-rate basis.
8.3 With the hotel's consent, the customer is entitled to use his own telephone, fax and data transmission facilities. The hotel may charge a connection fee for this.
8.4 If suitable facilities of the hotel remain unused due to the connection of the customer's own facilities, an outage fee may be charged.
8.5 Faults in technical or other facilities provided by the hotel will 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 TO PROPERTY BROUGHT INTO THE COUNTRY
9.1 Exhibits or other items, including personal items, carried along are at the risk of the customer in the event rooms or in the hotel. 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. Excluded from this are damages arising from injury to life, limb or health. In addition, all cases in which safekeeping constitutes a typical contractual obligation due to the circumstances of the individual case are excluded from this exemption from liability.
9.2 Decorative material brought into the hotel must comply with fire protection 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.
9.3 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 them at the customer's expense. If the items remain in the event room, the hotel may charge reasonable compensation for use for the duration of the withholding of the room.
X LIABILITY OF THE CUSTOMER FOR DAMAGES
10.1 If the customer is an entrepreneur, he shall be liable for all damage to the building or inventory caused by event participants or visitors, employees, other third parties from his area or himself.
10.2 The hotel may require the customer to provide appropriate security, for example in the form of a credit card guarantee.
XI FINAL PROVISIONS
11.1 Amendments and supplements to the contract, the application acceptance or these General Terms and Conditions shall be made in text form. Unilateral amendments or supplements by the customer are invalid.
11.2 The place of performance and payment as well as the exclusive place of jurisdiction for commercial transactions shall be the head office of havenhostel Deutschland GmbH in Bremerhaven. If a contracting party fulfils the requirements of § 38 paragraph 2 of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be Bremerhaven.
11.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
11.4 Should individual provisions of these General Terms and Conditions for Events be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.