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General Terms & Conditions in the Stadthotel Freiburg - Kolping Hotels & Resorts

as of May 2015

A. Scope of application

1. These terms & conditions apply to contracts for the rental of non-smoking hotel rooms for lodging purposes as well as all other goods and services rendered by the hotel for the customer.  ("Accommodation agreement")

2. Furthermore, these terms & conditions apply to the rental of conference, banquet and event rooms of the hotel for conducting events such as banquets, seminars, conferences etc. as well as to additional goods and services involved herewith ("Events").

3. The sub-letting or re-letting of the rented hotel rooms or event rooms as well as the appropriation of the rooms for purposes other than accommodation requires the prior written permission of the hotel.

4. The customer's general terms and conditions are only applicable if they have been the subject of an express prior written agreement.

B. Terms & conditions for the hotel agreement and for events

I. Conclusion of the contract, contractual partners, statute of limitations

1. The contract comes into effect through the hotel's acceptance of the customer's request. The Hotel is free to confirm a room booking in writing if it so wishes. In the event of an event booking or an accommodation agreement of 6 rooms or more, a written confirmation of the booking will follow. 

2. Contract partners are the hotel and the customer. If a third party places the order on behalf of the customer, he shall be liable towards the hotel jointly and severally for all contractual obligations of the accommodation or event rental agreement provided the hotel has an accordant declaration from the third party.

3. The customer or the event organizer must return the rented venues and accommodations in their entirety with all facilities and equipment and in the original condition in which the rooms were found.

4. If the hotel within the framework of the contract has provided services or entered into contracts with the customer pertaining to new objects, then claims with respect to defects are subject to a limitation period of one year from the commencement of the statutory period of limitation, for all other claims of the customer the statute of limitations shall be 6 months.  The above shall not apply in cases of damages arising from injury to life, body and health or other damages due to an intentional or grossly negligent breach of duty of the hotel, its legal representative or vicarious agent.

II. Services, prices, payment and offsetting

1. The hotel shall be bound to hold the rooms or venues ready that were previously booked by the client and to render the agreed services.

2. The customer is obligated to pay the applicable or agreed hotel prices for rooms provided and for other services used. This also applies for hotel services and expenses arranged by the customer on behalf of a third party.

3. The agreed prices include the respective legal VAT.

4. If the period between the conclusion of the Agreement and the event exceeds 4 months and if the rates generally demanded by the hotel for that kind of services increase, the hotel shall be entitled to increase the agreed rates to an appropriate extent, but shall be limited to a maximum increase of 10 %.

5. The prices may be also changed by the Hotel if the Guest subsequently changes the number of booked rooms, services of the Hotel or the duration of the Guests' stay and the Hotel gives its consent thereto.

6. Invoices are payable within 10 days of receipt without deductions. The hotel reserves the right to accelerate maturity of any claims. In case of payment default, the hotel reserves the right to charge legal interest according to § 288 of the German Civil Code. The assertion of further damages shall remain reserved.

7. The hotel is entitled to require a reasonable advance payment or security deposit upon conclusion of the contract or thereafter. The amount of the advance payment and the payment dates may be agreed in writing in the Agreement. 

8. The customer may only set-off or reduce a claim by the hotel with a claim which is undisputed or decided with final, res judicata effect. 

III. Rescission by the Proprietor

1. To the extent that a right of cost-free cancellation within a certain period was agreed in writing for the customer, the hotel is entitled for its part to cancel the contract during that period if there are inquiries from other customers regarding the contractually reserved rooms and the customer does not waive his right of rescission upon inquiry thereof by the hotel.

2. If payment of an agreed advance amount is not made even after a reasonable statutory deadline set by the hotel with warning of rejection has elapsed, the hotel is entitled to withdraw from the contract.

3. Furthermore, the hotel is justified to terminate the contract for essentially justified reason, for example,

a. if a higher force or other unforeseen circumstances make the fulfilment of the contract  by the hotel impossible;

b. services are booked by the guest under misleading or false information, for example, about his person or the purpose of the rental;

c. or the hotel has justified reason for assuming that the customer's use of the hotel's services may put the smooth operation, safety, security or the public reputation of the hotel at risk when these incidents do not fall under the authority or organizational sphere of the Hotel;

d. the smoking ban in the hotel is violated;

e. paragraph 3 in the clause "Scope of Application" is breached;

4. The hotel is required to inform the customer or organizer of the exercise of the right of rescission immediately and refund any counter performance already rendered by the other party. 

5. In case of justified cancellation of the contract on the part of the hotel the customer has no right to damages except in the case of liability for intentional or grossly negligent behavior on the part of the hotel, its legal representation or vicarious agent.

IV. Liability of the Proprietor

1. The liability of the hotel is, except in cases of cardinal obligations in the typical areas of performance, restricted to damages to due to intent or gross negligence on the part of the hotel, its legal representatives and vicarious agents; this does not apply to liability for damages resulting from injury to life body or health.  Should disruptions or defects occur in respect to service provisions on the part of the hotel, the hotel is to act to remedy such without delay upon its knowledge of the disruptions or defects concerned or upon complaint lodged by the customer. The customer is obliged to a reasonable degree to remedy the disruption or minimize the damage.

2. The hotel's liability for objects brought in by the customer shall be limited to the hundredfold room price, but not more than EUR 3,500.00. The liability of the hotel with regard to cash, securities and valuable objects is limited to EUR 800.00. Cash and valuable objects up to EUR 5,000.00 may be kept in the room safe; in this case the maximum liability limit stated in the previous sentence does not apply. The hotel recommends guests make use of this facility.

 3. Liability claims expire unless the customer notifies the hotel immediately after gaining knowledge of the loss, destruction or damage. (§ 703 German Civil Code)

4. Unlimited liability of the hotel is governed by the statutory provisions.

5. Insofar as a parking space is provided to the customer in the hotel garage or a hotel parking lot, this does not constitute a safekeeping agreement.  If vehicles or the contents of vehicles parked or otherwise situated on the Hotel premises are lost or damaged, the Hotel shall be not liable unless the Hotel, its legal representatives or its vicarious agents have caused such damage by wilful intent or gross negligence.

6. Wake-up services shall be performed by the Hotel with the greatest care. Claims to compensation for damage shall be ruled out excepting for intent or gross negligence.

7. Messages, mail, and merchandise deliveries for guests are handled with care. The hotel takes care of their delivery, safekeeping and, upon request, forwarding against a surcharge. Claims to compensation for damage shall be ruled out excepting for intent or gross negligence.

8. In case a LAN or WLAN network is used, the hotel is not liable for legal infringements resulting from the use of LAN or WLAN networks. 

C. Terms & conditions for the Hotel agreement only

I. Rooms provisions, arrival and departure

1. The customer acquires no right to the provision of certain specific rooms.

2. Booked rooms are available to the client from 3pm on the agreed day of arrival. The customer is not entitled to earlier provision.

3. On the agreed date of departure, the rooms are to be vacated and made available to the hotel by no later than 11am. Thereafter the hotel may charge, beyond the damage incurred to it thereby, 50% of the accommodation price up to 6pm and after 6pm 100% of the accommodation price. The customer is free to prove vis-à-vis the Hotel that no damage or a considerably lower damage has been incurred to the Hotel.

II. Rescission by the Guest (Cancellation)

1. A contract cancellation on the part of the guest requires the written agreement of the hotel. If no such approval is provided, the Customer shall pay the agreed room rent as specified in the agreement as well as any services ordered from third parties, even if the Customer does not use the contractually specified services.

2. This does not apply in the case of a delay in delivery or service or impossibility of service on the part of the hotel.

3. If a date for charge-free cancellation has been agreed upon between the Hotel and the Customer, then the Customer may cancel the agreement until that date without giving rise to payment or damage claims on the part of the Hotel. The Customer's right of cancellation lapses if he or she does not exercise this right towards the Hotel in writing by the agreed date, provided it is not a case of cancellation due to service delay or impossibility of service on the part of the hotel. 

4. If rooms are not used by the customer, the hotel must apply credit for the income from renting the rooms to other parties and also for saved expenses. 

5. The Hotel reserves the right to generalize the damages incurred to it by the customer. The customer is obliged to pay 90% of the agreed upon price for accommodation with or without breakfast, 70% of the agreed upon price for half board, and 60% of the agreed upon price for full board. 

6. The customer is free to prove that no damage or a considerably lower damage has been incurred to the hotel.

D. Terms & conditions for Events only

The provisions specified under D apply to event organizers and event agreements. If an accommodation agreement is concluded as part of an event agreement, then the accommodation agreement follows the legal fate of the event agreement.

I. Liability of the Event organizer

The organizer is obliged to meet all legal, standardized and official regulations – especially those applying to the company's trade, fire and police regulations, copyright and event regulations. The organizer is obliged to gather all necessary official permits at his own cost. The organizer holds us fully harmless for any and all damages which result from the non-compliance with any of the mentioned provisions.

Further, it is noted that the provisions in § 112 and § 113 of the commercial code applying to the curfew regulations from 1995 LGBl. 7000/1 are to be met. The organizer is liable regardless of negligence for all damage to property or personal injury or other damage that the hotel incurs through non-compliance of the agreement on the part of the organizer, his employees, all involved contractors, guest or other persons who are present at the event or at the hotel in connection with the event.  The use of the open-air area (park) by the event organizer and the event participants takes place at the user's own risk. The organizer is liable for all damage to property or personal injury relating to the use of the park which occurs to participants of the event due to activities related to the event. The hotel can demand collateral to cover possible damage (for example insurance, deposits, guarantees or securities).

II. Rescission by the Proprietor

The hotel reserves the right to withdraw from the event agreement with good reason and with immediate written notification, especially if
- events were booked with misleading or false information pertaining to essential facts, for example in regard to the organizer or the purpose of the event 
- the hotel has justified reason for assuming that the customer's use of the hotel's services may put the smooth operation, safety, security or the public reputation of the hotel at risk when these incidents do not fall under the authority or organizational sphere of the Hotel
- the venue is sub-letted to an unauthorized person without the hotel's written consent
- a breach of the hotel's non-smoking regulation occurs.

III. Rescission by the Guest

1. The event agreement can be withdrawn without a cancellation fee on the part of the contractual partner up to three months before the agreed upon arrival date.

2. After this time period, a withdrawal on the part of the customer is only possible with the following charges:

a. up to 1 month before the arrival date: 40 % of the entire arrangement price;

b. up to one week before the arrival date: 70% of the entire arrangement price;

c. in the last week before the arrival date: 90 % of the entire arrangement price

3. If the arrangement price does not include a catering agreement, then these provisions also apply to any separate catering agreements.

4. Charges for the catering are made according to the following formula: Price of the meal x number of persons. If no price has been arranged for the meal, then the most inexpensive 3-course meal for the valid event offer will be used as the basis for the calculation.

5. The customer is free to prove that no damage or a considerably lower damage has been incurred to the hotel. The hotel reserves the right to prove increased damages.

IV. Change of number of participants and event time or date

1. A change in the number of participants by more than 5% must be communicated to the hotel at least 5 working days before the event begins. The written consent of the hotel is required.

2. If the Customer reduces the number of participants by no more than 5%, the Hotel shall take account of the change in its billing. In the event of greater deviations, billing shall be based on the originally agreed number of delegates, less 5%. The customer is free to demand reduction of the price if the customer can demonstrate that the hotel made costs savings due to the smaller number of participants.

3. In the event of an increase in the number of delegates billing shall be based on the actual number of delegates.

4. If the number of participants differs by more than 10%, the Hotel is entitled to re-specify the agreed prices and to change [...] the confirmed rooms, unless this is unreasonable for the Customer.

5. If the agreed start and end times of the event are changed and if the Hotel agrees to these changes, then the Hotel may charge adequate fees for any additional availability of services, unless the changes are the responsibility of the Hotel.

6. For events that end after 12am, a separate charge for the service personnel will be calculated due to the additional costs. The hotel charges €1.80 per hour or partial hour for the agreed upon number of participants.

V. Provision of food and beverages

The Customer is not permitted to bring along food or beverages to events. Exceptions require written consent from the hotel or the banquet department. In such cases a contribution for the coverage of overheads will be charged.

VI. Technical equipment and connections

a. If the hotel procures technical or other equipment from third parties on the customer's initiative, the hotel acts in the name of, as a proxy for, and on behalf of the organizer.

b. The customer is liable for the careful handling and proper returning of the facilities and releases the hotel from any and all claims made by third parties.

c. The use of the customer's own electrical equipment by using the hotel's power supply is subject to the written consent of the hotel. Any faults or damage to the technical equipment of the hotel caused by the operation of these devices shall be subject to the organizer's responsibility, unless the hotel is responsible for such faults or damage. The Hotel may calculate and charge a fixed sum for the incurred electricity costs. 

d. In case a LAN or WLAN network is used, the hotel is not liable for legal infringements resulting from the use of LAN or WLAN networks.

e. Subject to approval of the hotel, the customer has the right to use his own telephone, telefax and data transmission systems. The hotel reserves the right to demand a connection fee.

f. If the hotel's equipment remains unused due to the installation and use of the customer's equipment, compensation may be calculated.

g. Any malfunctions in equipment provided by the Hotel, whether technical or other equipment, shall be remedied immediately where possible. Payments may not be retained or reduced, unless the Hotel is responsible for such faults.

E. Final provisions

1. Amendments to the accommodation agreement, the acceptance of a request or these General Terms and Conditions for the accommodation in the hotel can only be carried out by the customer in written form and have to be confirmed in writing by the hotel. One-sided amendments on the part of the customer are invalid. 

2. The place of payment and place or jurisdiction is Freiburg i. Br..

3. The exclusive place of jurisdiction - even concerning check and exchange disputes – for commercial transactions is the registered seat of the hotel.  Provided that a contractual partner complies with the requirements of § 38 Abs. 2 ZPO and has no general place of venue in the inland, the domicile of the hotel is to be regarded as the place of venue.

4. German law shall apply.

5. lf individual provisions of the contract with the customer including these standard conditions and terms of business should be or become partly or wholly legally invalid, the validity of the remaining provisions will not be affected by this; in all other respects statutory provisions shall apply.