General Terms & Conditions for Accommodation, Conferences and Banquet Events

I. Scope of validity

1. These terms & conditions of business shall apply to contracts governing the lease of hotel rooms for overnight accommodation and of conference, banquet and function rooms at the Hotel Franz for the conduct of events, and to all other services and supplies provided for the customer by in service GmbH.

2. The subletting or subleasing of the rooms or premises, and invitations to interviews, sales events or similar functions shall be subject to the prior written permission of the Hotel Franz, waiving rights pursuant to section 540 (1) sentence 2 of the German Civil Code (BGB), unless the customer is a consumer.

3. Terms of business set out by the customer shall only apply if explicitly agreed in writing in advance.

II. Conclusion of contract, contractual partners, period of limitation

1. The contract shall enter into effect through the acceptance of the customer's request by the Hotel Franz; these parties shall then be contractual partners.

2. If the customer/purchaser is not the event organiser, or if a commercial operator or promoter is engaged by the event organiser, the event organiser and the customer shall have joint and several liability for all obligations under the contract insofar as the Hotel Franz has a statement to this effect from the event organiser.

3. Exercising the duty of care expected in prudent business practice, the Hotel Franz shall be liable for its obligations under the contract. The customer may not claim compensation for damages, with the exception of damages arising from injury to life, limb or health in cases in which the Hotel Franz is responsible for the breach of duty, and with the exception of other damages based on wilful or grossly negligent breach of duty on the part of the Hotel Franz and damages based on wilful or negligent breach of typical contractual duties on the part of the Hotel Franz. Breach of duty on the part of a legal representative or servant shall equate to breach of duty on the part of the Hotel Franz. Should the services of the hotel be found to be deficient or contain shortcomings, the Hotel Franz shall make every effort to remedy the situation on becoming aware of the problem or in response to complaints or criticism voiced immediately by the customer. The customer shall be required to do all that can be reasonably expected in order to remedy the situation and to minimise the potential damage. In other respects, the customer shall be required to advise the Hotel Franz in due time if there is a possibility that exceptionally high levels of damage may arise.

4. As a general principle, all claims against the Hotel Franz shall be subject to a limitation period of one year with effect from the start of the statutory period of limitation. Claims for damages shall be subject to a limitation period of five years, regardless of knowledge of the claim concerned. The shortening of limitation periods shall not apply to claims based on wilful or grossly negligent breach of duty on the part of the Hotel Franz.

III. Services, prices, payment and set-off

1. The Hotel Franz shall be required to provide the services ordered by the customer and confirmed by the Hotel Franz.

2. The customer shall be required to pay the prices agreed for these and other services or the standard prices charged by the Hotel Franz. This shall also apply to any services and deliveries provided by the Hotel Franz to third parties at the instigation of the customer.

3. The agreed prices shall include statutory value added tax at the applicable rate at any given time. If more than four months elapse between conclusion of contract and performance of contract, and if the price routinely charged by the Hotel Franz for the relevant services increases, then it can raise the contractually agreed price as appropriate up to a maximum however of 5%.

4. The prices may also be changed by the Hotel Franz if the customer requests changes at a later date to the number of rooms booked, to the service offered by the hotel or to the length of stay of the guests, and if the Hotel Franz agrees to the request in any given case.

5. Bills issued by the Hotel Franz without a due date for payment shall be payable strictly net within 14 days of receipt. The Hotel Franz shall be entitled to invoice accrued claims at any time and to demand immediate payment. The Hotel Franz shall be entitled to charge interest on late payments at the applicable statutory rate, currently 8% or, in case of legal transactions involving a consumer, 5% above the base rate. The Hotel Franz reserves the right to provide evidence of a higher amount in damages.

6. The Hotel Franz shall be entitled to ask for an advance payment of a reasonable amount or a security deposit on conclusion of contract or afterwards. The amount of the advance payment and the payment deadlines shall be agreed in writing.

7. The customer may only offset or reduce an undisputed or legally established claim against a claim by the Hotel Franz.

IV. Withdrawal by the customer (cancellation of booking) / non-utilisation of the services of the hotel (no-show)

1. A free-of-charge withdrawal by the customer from the contract entered into with the Hotel Franz requires the written consent of the Hotel Franz. If such is not given, the agreed services (including services agreed by third parties) must be paid for in any event, including in cases where the customer does not lay claim to contractual services and subletting is no longer possible.

This shall not apply if the Hotel Franz fails in its duty to take account of rights and protected legal interests of the customer, if thereby the latter can no longer be reasonably expected to adhere to the contract or has other statutory or contractual rights of withdrawal.

2. If the Hotel Franz and the customer have agreed a date in writing before which the customer may cancel the contract without incurring a cancellation fee then the customer may withdraw from the contract up until this date without entitling the Hotel Franz to claim payment or compensation for damages. The right of withdrawal of the customer shall cease to apply if it is not exercised by the agreed deadline in a written communication to the Hotel Franz, unless a case of customer withdrawal as defined in paragraph 1 sentence 3 applies.

3. The following terms of cancellation shall apply:

Events for up to 45 persons, unless agreed otherwise:

  • Up to 28 days before arrival: no cancellation fee
  • 14 to 27 days before arrival: 50% of the total price agreed for the booked travel period (room rates, restaurant turnover, conference or function packages, contracted services)
  • 0 to 7 days before arrival: 80% of the total price agreed for the booked travel period (room rates, restaurant turnover, conference or function packages, contracted services)

Group of 46 persons or more, unless agreed otherwise:

  • Up to 42 days before arrival: no cancellation fee
  • 28 to 41 days before arrival: no cancellation fee if fewer than 50% of the bookings are cancelled, in addition 30% of the total price agreed for the booked travel period (room rates, restaurant turnover, conference or function packages, contracted services)
  • 14 to 27 days before arrival: 50% of the total price agreed for the booked travel period (room rates, restaurant turnover, conference or function packages, contracted services)
  • 0 to 13 days before arrival: 80% of the total price agreed for the booked travel period (room rates, restaurant turnover, conference or function packages, contracted services)

We recommend taking out hotel cancellation insurance.

4. The agreed room rates shall serve as a basis for the calculation of the cancellation charges. The following formula shall apply for the calculation of the dining turnover: set meal price or arrangement price x number of persons. If no price had been agreed for the set meal, the least expensive buffet for the applicable event in any given case shall be taken as a basis.

5. The cancellation percentages include an allowance for the expenses spared. The customer shall be at liberty to provide evidence that no damages were incurred or that the level of damages was lower than claimed.

V. Cancellation on the part of the hotel

1. Insofar as a time limit has been agreed in writing by which the customer may cancel the contract without incurring a cancellation fee, the hotel shall in turn be entitled to withdraw from the contract in this period if other customers enquire about the rooms or function rooms which have been contractually booked and the customer does not waive its right to cancel when asked by the Hotel Franz.

2. The Hotel Franz shall also be entitled to withdraw from the contract if an agreed deposit is not paid, even after a reasonable amount of additional time has been allowed by the Hotel Franz.

3. The Hotel Franz shall also be entitled to withdraw from the contract without notice for legitimate cause in the following cases, for example:

  • Force majeure or other circumstances beyond the control of the Hotel Franz which render performance of contract impossible;
  • Rooms or events are booked under false pretences or on the basis of misleading statements about essential facts, e.g. about the customer or the purpose of the event;
  • The Hotel Franz has legitimate grounds to assume that the use of the hotel services may jeopardise the smooth execution of business operations at the Hotel Franz or its security or reputation in the public eye, without such matters being attributable to the hotel's power of control or organisation;
  • Violation of clause I paragraph 2.

4. The customer may not claim compensation for damages in the event of a legitimate withdrawal on the part of the Hotel Franz.

VI. Allocation, handover and return of rooms

1. The customer shall not be entitled to the allocation of certain rooms.

2. Reserved rooms shall be available for the customer from 14:00 hours on the agreed day of arrival. The customer shall not be entitled to earlier occupancy.

3. The rooms must be vacated by 11:00 hours at the latest on the agreed day of departure and returned to the Hotel Franz. If the room is not vacated on time, the Hotel Franz may charge 50% of the full room price (list price) for its extended use up to 18:00 hours and 100% after 18:00 hours. The customer shall hereby have no basis for contractual claims. The customer shall be at liberty to prove that the Hotel Franz has no entitlement or a much lower entitlement to charge for usage.

VII. Changes to attendance figures and event time

1. The hotel must be notified of any changes in attendance figures at least one working day before the start of the event; changes must be confirmed in writing by the Hotel Franz.

2. If the number is higher, the hotel shall charge for the actual number of persons who attended.

3. If the attendance figures vary by more than 10%, the Hotel Franz shall be entitled to renegotiate the agreed prices and to change the confirmed rooms unless this would be an unreasonable imposition on the customer.

4. If the agreed start and end times of the event are moved and the Hotel Franz agrees to these changes then the Hotel Franz may include an appropriate charge for its additional readiness to provide services unless the Hotel Franz is at fault.

VIII. Bringing food and drink onto the premises

As a general principle, the customer may not bring food and drink to events. Exceptions to this rule shall be subject to a written agreement with the Hotel Franz. In these cases a contribution shall be charged to cover the overheads.

IX. Technical installations and connections

1. Insofar as the Hotel Franz procures technical equipment and other facilities from third parties for the customer on the instructions of the latter, the Hotel Franz shall be acting on behalf of, with the authority of, and for the account of the customer. The customer shall be liable for the condition of the equipment on its return and must handle it with due and proper care. The customer shall indemnify the Hotel Franz against any third-party claims arising from the provision of this equipment.

2. The customer must obtain the written consent of the Hotel Franz in order to use the hotel's mains supply to run its own electrical equipment. The customer shall be charged for any interference or damage to the technical installations of the Hotel Franz through the use of this equipment unless the Hotel Franz is responsible for the problems. The Hotel Franz may charge a flat rate to cover the cost of the electricity used.

3. The customer shall be entitled to use its own telephone, fax and data communications equipment subject to the permission of the Hotel Franz. The Hotel Franz may charge a connection fee for this service.

4. If suitable hotel equipment remains unused due to the connection of the customer's own equipment, a fee may be charged for the loss of revenue.

5. Faults with technical or other equipment provided by the Hotel Franz shall be rectified immediately, wherever possible. Payments may not be withheld or reduced unless the hotel is responsible for these faults.

X. Loss or damage of items brought onto the premises

1. Any exhibits or other items, including personal items, which are brought onto the premises shall be kept in the function rooms or in the hotel at the risk of the customer. The Hotel Franz shall not accept liability for loss, destruction or damage, nor for financial losses, except in case of gross negligence or deliberate intent on the part of the Hotel Franz. This shall not apply in case of damages arising from injury to life, limb or health. Moreover, all cases in which the safe keeping constitutes a typical contractual duty on account of the individual circumstances shall be excluded from this disclaiming of liability.

2. All items brought onto the premises by the customer must comply with the local fire authority safety codes and other regulations.

3. Any exhibits or other items brought onto the premises must be removed at the end of the event. Should the customer fail to act on this instruction, the Hotel Franz may remove and store the items at the expense of the customer. If the items are left in the function room, the hotel may charge appropriate compensation for use for the relevant duration. The customer shall be at liberty to provide evidence that no damages were incurred or that the level of damages was lower than claimed.

XI. Liability of the hotel and of the customer

1. The contractual partners of the Hotel Franz or the guest as such or as host shall be fully liable to the hotelier for damages caused by themselves or by their guests.

2. If the hotelier is unable to effect performance on account of force majeure, illness, strike, or similar circumstances, this cannot be exploited to hold the hotelier liable for damages but the hotelier shall be liable to look elsewhere to source equivalent services for the client.

3. The hotel shall be liable to the customer for items brought onto the premises in accordance with the statutory provisions, which is up to one hundred times the price of the room, limited to a maximum of € 3,500.00, and for money, securities and valuables up to € 800.00. Money, securities and valuables up to a maximum value of € 5,000.00 may be kept in the hotel safe. The hotel recommends making use of this facility. The liability claims shall lapse if the customer fails to notify the Hotel Franz immediately on becoming aware of loss, destruction or damage (section 703 of the German Civil Code (BGB)).

4. Any messages, post and goods addressed to guests shall be handled with due care. The hotel shall provide services of temporary storage, delivery and, on request, redirection of the same. No liability shall be accepted, however, for loss, delay or damage.

5. If the guest is provided with a parking space in the hotel car park, this shall not amount to the formation of a contract of safe keeping. The hotel shall not be liable, except in case of deliberate intent or gross negligence, for the loss or damage of motor vehicles parked or manoeuvred on the hotel premises or of their contents.

XII. Final provisions

1. Any amendments or supplements to the contract, the confirmation of acceptance, or to these terms & conditions of business for tour groups, conferences and banquet events are to be set out in writing. Unilateral amendments or supplements by the customer shall be inoperative.

2. The registered office of the Hotel Franz shall be the place of performance and place of payment.

3. The registered office of the Hotel Franz shall be the place of exclusive jurisdiction in commercial dealings. This includes disputes relating to cheques and bills of exchange. If a contractual partner fulfils the condition set out in section 38 (2) of the German Code of Civil Procedure (ZPO) and has no place of general jurisdiction in Germany then the registered office of the hotel shall be the place of jurisdiction.

4. German law shall be applicable. The UN Convention on Contracts for the International Sale of Goods and conflict of laws provisions shall not apply.

5. Should individual clauses contained in these general terms & conditions of business for tour groups, conferences and banquet events be or become legally inoperative or invalid, this shall not affect the validity of the other provisions. The statutory regulations shall apply in other respects.

 

Last revised: 12/2016