GENERAL TERMS AND CONDITIONS OF THE EVENTS AND LODGING CONTRACT (LAST AMENDED DEC. 2010)
1. These General Terms and Conditions shall apply to contracts for the sale of 1) hotel rooms for accommodation purposes and 2) conference, banquet and event rooms of the Hotel in
order to hold events such as, for instance, banquets, seminars, conferences, exhibitions and presentations, etc. and to all other goods and services the Hotel supplies to the Customer in this context.
2. The prior written consent of the Hotel shall be required 1) if the rooms sold are to be sub-sold or re-sold to third parties or used for purposes other than accommodation and 2) if the rooms sold, spaces or showcases are to be sub-sold or re-sold to third parties, or if third parties are to be invited to attend job interviews, sales events or similar events, provided, however, that Sec. 540 Para. 1 Sentence 2 of the German Civil Code [Bürgerliches Gesetzbuch – BGB] is contracted out, unless the Customer is a consumer.
3. General terms and conditions of the Customer shall apply only if this has been expressly agreed in writing in advance.
II. CONCLUSION OF CONTRACT, PARTIES TO THE CONTRACT
1. The contract is formed by the Hotel’s acceptance of the Customer’s offer and the Hotel and the Customer are the parties to the contract. The Hotel shall be free to confirm the booking
of a room in text form.
2. The Hotel and the Customer are the parties to the contract. If the party actually hosting the event is not the Customer, or if the host uses the services of a commercial agent or
promoter, the host and the Customer shall be jointly and severally liable for all obligations under the contract, provided that a statement to this effect has been received by the Hotel.
III. SERVICES, PRICES, PAYMENT, SET-OFF
1. The Hotel shall be under an obligation to render the services booked by the Customer and promised by the Hotel.
2. The Customer shall be under an obligation to pay the prices agreed, or those currently applicable at the Hotel respectively, for these and all other services used. This shall also
apply for services rendered and expenses paid by the Hotel to third parties at the instigation of the Customer, including, without limitation, for claims from copyright collecting societies. All prices agreed are inclusive of VAT at the applicable statutory rate. In the event that VAT is increased and/or other tax liabilities under public law arise in connection with the stay at the Hotel (including, without limitation, accommodation), we reserve the right to adjust our prices in accordance with the relevant statutory provisions in force at the time.
3. If no due date is stated, invoices issued by the Hotel shall be due and payable without discount of any kind within 10 days of receipt. The Hotel may demand at any time that
liabilities due from the Customer be settled without undue delay. In the event of default in payment, the Hotel shall be entitled to charge default interest at the applicable statutory
rate, currently 8% or – for legal transactions involving a consumer 5% – above the base rate. The Hotel reserves the right to prove that the damage actually incurred was higher.
4. The Hotel shall be entitled to demand a reasonable advance payment or security deposit in the form of a credit card guarantee, down payment or similar from the Customer when the
contract is entered into. The amount of the advance payment and the payment dates may be agreed in writing in the contract. The applicable statutory provisions shall not be
affected if advance payments or security deposits are made in respect of package tours.
5. In justified cases, e.g. if the Customer is in arrears with payments or the scope of the contract is expanded, the Hotel shall be entitled, even after the contract has been entered
into until the stay at the Hotel and/or the event commences, to demand an advance payment or security deposit within the meaning of clause 5 above to be made, or the
advance payment or security deposit agreed by contract to be increased up to the full amount of the agreed remuneration.
6. The Customer shall be entitled to set off claims of the Hotel, reduce them or exercise a right of retention only against or with respect to claims that are undisputed or final and
IV. CUSTOMER’S WITHDRAWAL FROM THE CONTRACT (REVOCATION, CANCELLATION)/NON-USE OF HOTEL SERVICES
1. The Customer may withdraw from the contract entered into with the Hotel only with the written consent of the latter. If such consent is not given, the agreed 1) room rates and
2) hire charge for conference and/or function room(s) as agreed by contract as well as services ordered from third parties shall be payable in any event, even if the Customer
does not avail itself of some or all of the services agreed by contract, provided, however, that any saved expenses (if applicable, on a flat-rate basis, cf. para. 3) and earnings from
selling the rooms to other parties shall be credited against the amount payable by the Customer. This shall not apply, however, if the Hotel fails to comply with its obligation to
respect the rights and legal and other interests of the Customer if the latter, as a result of that, can no longer reasonably be expected to adhere to the contract or is entitled to any
other right conferred by law or contract. If a date has been agreed in writing between the Hotel and the Customer by which the Customer may withdraw from the contract without
incurring any liabilities, the Customer shall be entitled up until that date to withdraw from the contract without the Hotel being entitled to claim any payment or damages on that
basis. The Customer’s right of withdrawal shall lapse if the Customer does not exercise its withdrawal right in writing to the Hotel by the agreed date, except in the cases described in para. 1 sentence 3.
a) Event package
If the Customer withdraws from the contract only between 8 and 4 weeks before the event, the Hotel shall be entitled to charge not only the agreed hire charge for the
conference and/or function room(s) for the event but also 35% of the lost food turnover, or 70% of the food turnover in the event that the Customer withdraws at any later point
in time. The food turnover shall be calculated using the following formula: agreed set menu price x number of participants. If no price has been agreed for the set menu, the
most inexpensive 3-course menu offered for the event in question shall be referred to as a basis.
b) Participant package
If a participant package has been agreed for an event (hire charge for the conference and/or function room(s) plus food turnover), the Hotel shall be entitled to charge 60% of
the agreed package x number of participants in the event of withdrawal between 8 and 4 weeks before the event, or 85% in the event of withdrawal at any later point in time. If
the Customer withdraws from the contract earlier than 8 weeks before the event, the provisions of para. 1 shall apply to the claim to hire charge for the conference and/or
3. Guest rooms
If and to the extent that the guest rooms are not sold otherwise, the Hotel shall be entitled to charge the remuneration agreed by contract for the guest rooms actually booked, but at
least for any minimum number of rooms which may have been blocked as agreed, and to calculate the amount to be deducted for saved expenses of the Hotel on a flat-rate basis. In this event, the Customer shall be under an obligation to pay at least 90% of the price agreed by contract for accommodation with or without breakfast, 70% for half-board and 60% for full-board arrangements – provided that lunch and/or dinner are not already deemed fully paid as part of the event or participant package, respectively.
4. A deduction for saved expenses is taken account of pursuant to paras. 2 and 3 above. The Customer shall be free to prove that the above mentioned claim did not arise at all or not in the amount claimed.
V. WITHDRAWAL BY THE HOTEL
1. If it has been agreed in writing that the Customer may withdraw from the contract within a certain period without incurring any liabilities, the Hotel, for its part, shall be entitled within the same period to withdraw from the contract if inquiries from other customers for the event rooms booked under the contract are received and the Customer, upon further inquiry by the Hotel, does not waive its right of withdrawal.
2. The Hotel shall also be entitled to withdraw from the contract if an advance payment or security deposit agreed or demanded pursuant to clause III para. 5 and 6 is still not made after a reasonable grace period determined by the Hotel has expired.
3. Furthermore, the Hotel shall be entitled to cancel the contract by extraordinary withdrawal for reasons which are justified on factual grounds, for example if
− force majeure or other circumstances for which the Hotel cannot be held responsible make it impossible to perform the contract;
− events/rooms are booked on the basis of misleading or false statements about material facts, e.g. concerning the identity of the Customer or the purpose of its stay;
− the Hotel has good reason to believe that the event might jeopardise the smooth operation, safety or public reputation of the Hotel without this being attributable to the sphere of control or organisation of the Hotel.
− if there is a breach of clause I para. 2.
4. If the Hotel withdraws from the contract for justified reasons, the Customer shall not be entitled to claim damages.
VI. CHANGES IN THE NUMBER OF PARTICIPANTS AND ROOMS AND THE DATE OR TIMING OF THE EVENT
1. If the number of participants changes by more than 5%, the Hotel must be notified no later than five working days before commencement of the event and any such change shall be
subject to the written consent of the Hotel.
2. Reductions by the Customer in the number of participants by no more than 5% shall be acknowledged by the Hotel when an invoice is issued for the event and accommodation. In
the event of any deviations beyond those mentioned here, and in the absence of any written agreements to the contrary, the originally agreed number of participants minus 5%
shall be referred to as a basis. The Customer shall be entitled to reduce the agreed price by the amount of expenses saved due to the smaller number of participants, which must be
proven by the Customer.
3. In the event of an upward deviation, the actual number of participants or accommodation rooms shall be charged.
4. If the number of participants or accommodation rooms deviates by more than 10% from that originally agreed, the Hotel shall be entitled to revise the prices agreed and to change
the confirmed event rooms or guest rooms, unless the Customer cannot be reasonably expected to accept this.
5. If the agreed start or end times of the event change and the Hotel agrees to such deviations, the Hotel may charge a reasonable fee for such additional availability to perform, unless the Hotel is at fault.
VII. AVAILABILITY, HANDOVER AND RETURN OF ROOMS
1. The Customer shall not be entitled to claim that any specific room(s) be made available to it.
2. The rooms booked shall be available to the Customer from 3:00p.m. of the agreed day of arrival. The Customer shall not be entitled to claim that the rooms be made available earlier
3. On the agreed departure day, the rooms shall be vacated and made available to the Hotel by 12:00 noon. For late vacation of the room, the Hotel shall thereafter be entitled to charge
50% of the full lodging rate (listed rate) for use beyond the scope agreed by contract until 6:00p.m. and 100% from 6:00 onwards . This shall not give rise to any claims by the Customer under the contract. The latter shall be free to prove that the Hotel did not become entitled to any compensation for use or that the claim that arose was significantly lower.
VIII. CUSTOMER’S OWN FOOD AND BEVERAGES
The Customer shall generally not be permitted to consume its own food and beverages at events. Exceptions to this general rule shall be subject to written agreement with the Hotel.
In this case, a contribution to the overheads shall be charged.
IX. TECHNICAL EQUIPMENT AND CONNECTIONS
1. To the extent that the Hotel procures technical and other equipment from third parties for the Customer at the latter’s instigation, it shall be deemed to act on behalf and for the
account of the Customer. The Customer shall be liable for ensuring that such equipment is treated with due care and returned in good order. It shall indemnify the Hotel against all claims from third parties based on the surrender of such equipment.
2. Use by the Customer of its own electrical systems and installations drawing power from the electricity supply of the Hotel shall be subject to the written consent of the latter. The
Customer shall be liable for any disturbance or damage caused by the use of such equipment to technical systems and installations of the Hotel unless the Hotel is to be held
responsible for them. The Hotel shall be entitled to log the electricity costs incurred as a result of using the equipment on a lump-sum basis and charge them to the Customer.
3. The Customer shall be entitled to use its own telephone, fax and data transmission equipment subject to the consent of the Hotel. The Hotel may charge a connection fee for
4. If suitable equipment of the Hotel remains unused because the Customer connects its own equipment, the Hotel may charge deficiency compensation.
5. Defects in or malfunctions of technical or other equipment made available by the Hotel shall, if possible, be remedied immediately. Payments cannot be withheld or reduced
unless the Hotel is to be held responsible for such defects or malfunctions.
X. LOSS OF OR DAMAGE TO ITEMS BROUGHT ALONG TO EVENTS
1. Exhibits or other items brought along to an event, including personal items, shall be deemed to be in the event rooms and/or in the Hotel at the Customer’s own risk, even if the
Hotel accepted temporary custody of them. No contract of deposit shall be deemed to be formed in the latter case. The Hotel does not accept any liability for loss, destruction or
damage, including for pecuniary damage, except in cases of gross negligence or intent on the part of the Hotel. This shall not apply, however, for damage arising from injury to life
and limb. Moreover, cases where, due to the specific circumstances of the individual case, safekeeping items constitutes an obligation which typically falls within the scope of the
event contract shall be excluded from this indemnity.
2. Any decorating materials and supplies brought along must comply with fire protection specifications. The Hotel shall be entitled to demand proof from the public authorities that
this is the case. If such proof is not furnished, the Hotel shall be entitled to remove any materials already brought along by the Customer at the latter's expense. To prevent
possible damage, the installation and arrangement of items shall be subject to prior agreement with the Hotel.
3. Any exhibits or other items brought along shall be removed without undue delay 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 such items remain in the event room, the Hotel may charge reasonable compensation for use for the time during which they are not removed. The
Customer shall be free to prove that the above mentioned claim did not arise at all or not in the amount claimed.
XI. CUSTOMER’S LIABILITY FOR DAMAGE
1. If the Customer is an entrepreneur, it shall be liable for all damage participants or visitors of the event, employees, other third parties from its sphere of responsibility or the Customer
itself cause to the building or contents.
2. The Hotel may demand provision by the Customer of appropriate security (e.g. insurance cover, security deposits or guarantees).
XII. LIABILITY OF THE HOTEL, STATUTE OF LIMITATIONS
1. The Hotel shall be liable for ensuring that the standard of care of a prudent businessman is applied in performing its obligations under the contract. Claims of the Customer for
damages shall be excluded. This shall not apply, however, to damage arising from injury to life and limb if the Hotel is to be held responsible for the breach, other damage due to
intentional or grossly negligent breach on the part of the Hotel or damage due to intentional or negligent breach on the part of the Hotel of obligations which typically fall within the
scope of this type of contract. Breach by a legal representative or vicarious agent of the Hotel shall be equivalent to breach by the Hotel itself. If disruptions or deficiencies should
occur in the services to be provided by the Hotel, the Hotel shall use its best efforts to remedy the situation as soon as it obtains knowledge thereof or receives a complaint from
the Customer without undue delay. The Customer shall be under an obligation to reasonably contribute to remedying the situation and keeping the risk of damage to a minimum. Apart from that, the Customer shall be under an obligation to alert the Hotel in good time of the possibility of extraordinarily high damage arising.
2. The Hotel shall be liable to the Customer for items brought along in accordance with the applicable statutory provisions, i.e. up to an amount equal to one hundred times the room
rate, but no more than EUR 3,500.00, or up to EUR 800.00 for cash, securities and valuables. Cash, securities and valuables up to a maximum value of EUR 26,000.00 may
be kept in the Hotel or room safe. The Hotel recommends customers to avail themselves of this possibility.
3. If a parking space is made available to the Customer in the parking garage or parking lot of the Hotel, including if this is done for a fee, no contract of deposit shall be deemed to be
formed thereby. Except in cases of intent or gross negligence, the Hotel shall not be liable for the loss or damage to any vehicle or its content whilst parked or manoeuvring on the Hotel property. Para. 1, sentences 2 to 4 above shall apply mutatis mutandis.
4. The Hotel shall take utmost care in delivering wake-up calls.Messages, mail and deliveries for guests shall be handled in a sensitive and responsible manner. The Hotel shall deliver, store and – upon request and subject to a fee – forward such items to or for guests. Para. 1, sentences 2 to 4 above shall apply mutatis mutandis.
5. All claims against the Hotel generally fall under the statute of limitations one year from commencement of the statutory limitation period. Claims for damages fall under the
statute of limitations, irrespective of knowledge, after five years. The reduced limitation periods shall not apply for claims which are based on an intentional or grossly negligent
breach on the part of the Hotel.
XIII. FINAL PROVISIONS
1. Changes and amendments to the contract, the acceptance of the offer or these General Terms and Conditions of Lodging and Event Contracts should be made in writing.
Unilateral changes or amendments by the Customer shall be invalid.
2. The place of performance and payment shall be Munich.
3. Munich shall be the exclusive place of jurisdiction for commercial transactions, including for disputes as to cheques and bills of exchange. If a party to the contract meets the condition specified in Sec. 38 Para. 2 of the German Code of Civil Procedure [Zivilprozessordnung – ZPO] and has no general place of jurisdiction in Germany, Munich shall be deemed to be the place of jurisdiction.
4. German law shall apply. The application of the UN Sales Convention (CISG) and the conflicts of law rules are excluded.
5. Should any individual provision(s) of these General Terms and Conditions of Event and Lodging Contracts be or become void or invalid, the validity of the remaining provisions
shall not be affected thereby. In all other instances, the statutory provisions shall apply
Arabella Hospitality SE Societas Europaea (SE)