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AGB

§ 1 Scope of application

  1. These General Terms and Conditions (GTC) apply to all services provided by Hotel Osterfeld GmbH (hereinafter referred to as "Hotel") to the guest, the organiser and other contractual partners (hereinafter referred to as "Contractual Partners"). The services consist, in particular, in the granting of the use of hotel rooms and other rooms for e.g. seminars, meetings, presentations, conferences, banquets and other events, the sale of food and beverages (F&B), the organisation of cultural and sporting events and other programmes, the implementation of special health-promoting measures or comparable offers as well as for all other related services and supplies of the Hotel against payment. The hotel is entitled to have its services performed by third parties.
  2. These GTC apply to all types of contracts such as hotel accommodation, package tour, contingent or event contracts concluded with the hotel. The GTC shall also apply to all future transactions with the contractual partner.
  3. The general terms and conditions of the contracting partner shall not apply, even if the hotel does not expressly object to them. Counter-confirmations of the contracting partner with reference to its GTC are hereby contradicted.

§ 2 Conclusion of contract

  1. The respective contract shall be concluded in principle upon oral or written application by the contracting party and acceptance by the hotel. The hotel is free to accept the application in writing, orally, in text form (e-mail, fax) or conclusively by providing the service.
  2. If the contracting party concludes a so-called contingent contract, the contracting party shall be liable for all damage culpably caused by the end user.
  3. Subletting or re-letting or the use of the rooms provided free of charge by third parties as well as the use for other than accommodation purposes is only permitted if the hotel expressly allows this. The hotel may grant a written exception here at its own discretion upon request.

§ 3 Room use, room handover, departure

  1. The rooms are made available exclusively for accommodation purposes.
  2. The contract partner shall be liable to the hotel for all damage caused by him or by third parties who receive the hotel's services at his instigation.
  3. The contract partner has no claim to the use of certain rooms. If rooms are not available on the premises, the hotel shall inform the contracting party thereof without delay and offer an equivalent substitute in a nearby hotel of the same category. If the contract partner refuses, the hotel shall immediately reimburse the contract partner for any services rendered.
  4. Booked rooms are available to the contract partner from 3:00 p.m. on the day of arrival. Unless otherwise agreed, the hotel shall have the right to assign booked rooms to other parties after 6:00 p.m. without the contractual partner being able to derive any rights or claims from this. In the event of a no-show without prior cancellation, the hotel shall be entitled to a no-show fee of 90% of the booked services.
  5. The rooms must be vacated by 11:00 a.m. at the latest on the day of departure. After this time, the hotel may charge the daily room rate for the additional use of the room until 4:00 p.m., and 100 % of the full accommodation rate (list price) after 4:00 p.m., in addition to the resulting damage.

§ 4 Events

  1. In order to enable careful preparation by the hotel, the contract partner shall inform the hotel of the final number of participants no later than three days before the start of the event. If the contract partner informs the hotel of a higher number of participants than agreed, this higher number of participants shall only become part of the contract if the hotel agrees thereto in writing. If the hotel does not agree in writing, the contracting party shall not be entitled to hold the event with a higher number of participants. If the hotel agrees, billing shall be based on the new agreement (with additional expenses, if applicable). The contracting party shall not be entitled to consent. Irrespective of the notification of the number of participants, billing shall be based on the contractual agreements. If fewer participants actually take part in the event, this is irrelevant for the settlement.
  2. If the agreed time for the start of an event is postponed, the hotel shall be entitled to charge the contracting party for all additional costs incurred as a result.
  3. Reserved rooms shall only be available to the contracting party within the period agreed in writing. Use beyond this period shall require the written consent of the hotel and shall generally only be granted against additional payment. The hotel reserves the right to make changes to rooms insofar as such changes are reasonable for the contracting party, taking into account the interests of the hotel.
  4. The contractual partner shall procure all official permits at its own expense, unless expressly agreed otherwise in writing. The contractual partner shall be responsible for compliance with all relevant (regulatory) legal requirements. Any fees payable to third parties for the event, such as GEMA fees, entertainment tax, etc., shall be paid by the contractual partner to the creditor without delay.
  5. The contracting party shall be liable for the conduct of its employees, event participants and other auxiliary staff as for its own conduct. The hotel may require the contracting party to provide appropriate security (e.g. insurance, deposits, guarantees).
  6. In order to prevent damage, the attachment and installation of decorative material or other objects must be agreed with the hotel in advance. Exhibits and other objects brought along are to be removed after the end of the event. If the contracting party fails to comply with this provision, the hotel shall have the right to remove and store such items at the hotel's expense. Transport packaging, outer packaging and all other packaging materials brought in shall be disposed of by the contract partner at his own expense. Disposal may be subject to a charge if the contract partner leaves the packaging behind after the end of the event. All items brought into the event, such as decorative materials and the like, must comply with all applicable regulations.
  7. The hotel does not provide insurance cover for items brought into the hotel. The conclusion of any necessary insurance is the sole responsibility of the contract partner.
  8. Faults or defects in facilities provided by the hotel shall be remedied insofar as this is possible for the hotel. The contracting partner may not derive any claims in this connection.
  9. If the contract partner brings in his own electrical equipment, the hotel management's consent is required before connection to the power grid. The electricity consumption incurred shall be charged according to the valid provision and working prices as charged to the hotel by the utility company. The hotel is free to charge a flat rate. Any malfunctions or defects in the hotel's technical equipment caused by connection shall be borne by the contract partner.
  10. If the hotel procures technical or other equipment from third parties for the contracting party, the hotel shall act in the name and for the account of the contracting party; the contracting party shall be liable for the careful handling and proper return of such equipment and shall indemnify the hotel against all claims of third parties upon first written request. Any liability of the hotel due to untimely procurement or defectiveness of the procured facilities is excluded.
  11. As a rule, the contracting partner may not bring food and beverages to the events. In special cases (e.g. national specialities, etc.), a written agreement may be reached on this; in such cases, a general cost charge will be made, deducting the proportionate use of goods.
  12. Newspaper advertisements containing invitations to job interviews or sales events generally require the prior written consent of the hotel. If publication takes place without consent, the hotel has the right to cancel the event.
  13. Any kind of advertising, information, invitations, through which a reference to the hotel is established, in particular through the use of the hotel name, requires the prior written consent of the hotel.

§ 5 Provision of services, prices, payments, set-off and assignment

  1. The prices of the respective services are determined by the hotel's price list valid at the time the service is provided. All prices include the currently valid statutory value added tax. Increases in value added tax shall be borne by the contracting party. If the period between conclusion of the contract and the first contractual performance exceeds 4 months, the hotel shall be entitled to increase prices by up to a maximum of 15%. In this case, the contract partner has the right to cancel his booking free of charge within one month after receipt of the price adjustment information. Subsequent changes to the services may lead to changes in the prices. The hotel shall be entitled to demand an advance payment or security deposit of up to 100% of the contracting party's total payment obligation from the contracting party upon conclusion of the contract. The amount of the advance payment and the payment dates may be stipulated in the contract.
  2. If the contracting party has booked within a period when a trade fair, major event or other event is taking place and if, after conclusion of the contract, such event is postponed for reasons for which the hotel is not responsible, this contract shall apply to the new period if the hotel is able to perform the agreed services at that time. The hotel shall inform the contracting party within a reasonable period of time whether it is able to fulfil its obligation to perform. If the performance is not possible, in particular if the booked rooms have already been let to third parties for the new period, the parties may withdraw from the contract without giving reasons. The assertion of claims against the respective other party is excluded. This does not apply to services already provided. These are to be reimbursed or paid for.
  3. The hotel's claim for payment is due without deduction immediately upon receipt of the respective invoice. An invoice shall be deemed to have been received by the invoice recipient no later than 3 days after dispatch, unless proof of earlier receipt can be provided. In the event of default in payment, the statutory provisions shall apply.
  4. The preparation of a total invoice shall not release the customer from the obligation to pay the individual invoices in due time. A delay in payment of even one individual invoice entitles the hotel to withhold all further and future services and to make the fulfilment of the services dependent on a security deposit of up to 100 % of the outstanding payment.
  5. Invoices are to be paid immediately in cash or by EC or credit card. The hotel is entitled to refuse foreign currency, cheques and credit cards. Vouchers from tour operators are only accepted if a credit agreement exists with the company concerned or if corresponding advance payments have been made. A refund of unused services is excluded.
  6. The contracting party may only offset a claim of the hotel if its claim is undisputed or has been finally adjudicated. This applies mutatis mutandis to the exercise of a right of retention on account of the contract partner's own claims. Claims and other rights may only be assigned with the written consent of the hotel.

§ 6 Cancellation of services

  1. Reservations of the contracting party are binding for both contracting parties. In the event of cancellation by the contracting party, the contracting party shall pay the following compensation:
    a) no compensation if the hotel receives the written cancellation up to 90 days before the start of the service period
    b) compensation amounting to 50% of the value of the services ordered if the hotel receives the written cancellation 45 days before the start of the service period
    c) compensation amounting to 70% of the value of the services ordered if the hotel receives the written cancellation 30 days before the start of the service period.70% of the value of the services ordered if the hotel receives the written cancellation 30 days before the start of the service period
    d) 90% of the value of the services ordered if the hotel receives the written cancellation 10 days before the start of the service period.
  2. Any change to the cancellation deadlines must be made in writing. Particularly in the case of group reservations, deviating regulations may be agreed in individual contracts.
  3. The contracting party is entitled to prove that the damage suffered by the hotel is non-existent or less.
  4. If the hotel is able to provide the cancelled service to third parties elsewhere in the agreed period, the contracting party's compensation shall be reduced by the amount paid by such third parties for the cancelled service, but not more than the total compensation.

§ 7 Withdrawal / Termination of the Hotel

  1. In accordance with the statutory regulations, the hotel is entitled to withdraw from the contract (§ 323 BGB) or to to terminate the contract (§ 314) if
    a) the contract partner fails to perform a due service
    b) the performance of the contract is impossible due to force majeure, strike or other circumstances for which the hotel is not responsible, strike or other circumstances for which the hotel is not responsible
    c) the contract partner provides misleading or false information about essential data
    d) the contract partner uses the name of the hotel in advertising without prior written consent
    e) rooms which are the subject matter of the contract are sublet in whole or in part without the hotel's written consent
    f) the hotel has reasonable grounds to assume that the use of the hotel's services may jeopardise the smooth operation of the business, the security or the public reputation of the hotel.
    g) the contracting party has not correctly fulfilled its payment obligation to the hotel in a previous contract with the hotel and/or if it is to be feared that this will also repeat itself in the future in the case of contracts already concluded, these contracts may be terminated by the hotel.
  2. The hotel shall notify the contract partner in writing of the exercise of the withdrawal/cancellation. The cancellation of the contract by the hotel shall not give rise to any claims by the contract partner for damages or other compensation. A claim of the hotel for compensation of damages incurred by it and expenses incurred by it shall remain unaffected in the event of justified termination of the contract.

8 Liability of the hotel, objects brought in, limitation period

  1. The hotel is liable for all legal and contractual claims in principle only in the case of intentional or grossly negligent conduct.
  2. Any liability of the hotel for consequential or indirect damages is excluded.
  3. Exclusions and limitations of liability shall apply in the same way in favour of all companies employed by the hotel to fulfil its contractual obligations, their subcontractors and vicarious agents. They shall not apply if the hotel assumes a guarantee for the quality of an item or a work or in the case of fraudulently concealed defects.
  4. The contract partner is obliged to notify the hotel of any recognisable defects without delay, at the latest on departure.
  5. The statutory provisions of §§ 701 et seqq. of the German Civil Code (BGB) shall apply to objects brought in by the contractual partner.
  6. Items left behind by the contracting party/staying overnight will only be forwarded at the request, risk and expense of the contracting party. The hotel will keep the items for 6 months and charge an appropriate fee for this. After this period, the items will be handed over to the local lost property office if there is a recognisable value.
  7. All claims of the contracting party against the hotel arising from or in connection with the contract shall become statute-barred after the expiry of one year, beginning with the end of the year in which the claim arose and the contracting party became aware of the circumstances giving rise to the claim or should have become aware without gross negligence.

§ 9 Additional provisions for package travel contracts

  1. If the hotel's service obligation consists of organising a leisure programme as a paid service in addition to providing board and lodging, this constitutes a so-called package travel contract.
  2. The contractual partner cannot assert any claims due to changes, deviations or reductions of individual services within the framework of a package travel contract that become necessary after conclusion of the contract if they are merely insignificant.
  3. If agreed and provided services are not used by the contracting partner, a reduction or refund of the total fee is not possible.
  4. The hotel shall not be liable for damages suffered by the contract partner on the occasion of the use of a special service provided by a third party. In this respect, the contract partner is referred to the enforcement of his claims against the respective organiser of the special service.

§ 10 Place of performance and payment, place of jurisdiction, collateral agreements, partial invalidity

  1. The place of performance and payment for both parties is the registered office of the hotel.
  2. German law shall apply.
  3. The place of jurisdiction is Naumburg / Saale.
  4. All agreements made between the hotel and the contracting party for the purpose of executing the contract are set down in writing in this contract.
  5. Should individual provisions of the contract, including these terms and conditions, be invalid, this shall not affect the validity of the remaining provisions. The parties shall immediately replace the invalid provisions with valid provisions that come as close as possible to the intended purpose and their economic meaning. The same shall apply in the event that there are loopholes in the contract.

Osterfeld, November 2021