General terms and conditions for events at the V-Hotel

I. SCOPE

1. These terms and conditions apply to contracts for the rental of conference, banquet and event rooms at the V-Hotel for the implementation of events such as banquets, seminars, conferences, exhibitions and presentations etc. as well as for all other related services and deliveries (hereinafter uniform : “Services”) of the V-Hotel (hereinafter: “Hotel”).

2. The prior written consent of the hotel is required for the subletting or re-letting of the rooms, areas or showcases provided, as well as invitations to job interviews, sales or similar events, whereby § 540 para. (1) sentence 2 BGB is waived if the customer is not a consumer.

3. The customer’s general terms and conditions only apply if this has been expressly agreed in writing beforehand.

4. Customers within the meaning of these terms and conditions are both consumers and entrepreneurs within the meaning of §§ 13, 14 BGB.

II. CONCLUSION OF CONTRACT, PARTNERS, LIABILITY, STATUTE OF LIMITATIONS

1. The contract is concluded when the hotel accepts the customer’s application. If the hotel makes a binding offer to the customer, the contract is concluded when the customer accepts the hotel offer. In both cases, the hotel is free to confirm the contractual agreement in text form.

2. The contractual partners are the hotel and the customer. If the customer/orderer is not the organizer himself or if the organizer hires a commercial agent or organizer, the organizer is jointly and severally liable with the customer for all obligations arising from the contract, provided that the hotel has a corresponding declaration from the customer or the organizer.

3. The customer’s claims for damages are excluded insofar as Clause IX. no other regulation applies. Excluded from this are damages resulting from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the hotel, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract. Should disruptions or defects occur in the hotel’s services, the hotel will endeavor to remedy the situation if it becomes aware of it or if the customer complains immediately. The customer is obliged to do what is reasonable for him to remedy the disruption and to minimize possible damage. In addition, the customer is obliged to inform the hotel in good time of the possibility of exceptionally high damage occurring.

4. All claims of the customer or the third party against the hotel expire in 1 year from the beginning of the knowledge-dependent regular limitation period within the meaning of § 199 para. (1) Civil Code. However, claims for damages against the hotel become statute-barred no later than 3 years, depending on knowledge, and no later than 5 years, independent of knowledge, from the breach of duty. The reductions in the statute of limitations do not apply

– in the case of claims based on intentional or gross negligence on the part of the hotel (including its vicarious agents) and

– in the case of damage resulting from injury to life, limb or health.

III. SERVICES, PRICES, PAYMENT, OFFSET

1. The hotel is obliged to provide the services ordered by the customer and promised by the hotel.

2. The customer is obliged to pay the agreed or applicable hotel prices for these and other services used. This also applies to services commissioned by the customer directly or through the hotel, which are provided by third parties and paid for by the hotel. In particular, this also applies to claims from copyright collecting societies.

3. The agreed prices include the respective statutory VAT. If there has been a change in the statutory value-added tax in the period between reservation and invoicing, the invoice amount will be adjusted to the value-added tax rate applicable on the day of invoicing. In the case of contracts with consumers, this only applies if the period between reservation and invoicing exceeds four months. If the period between the conclusion of the contract and the fulfillment of the contract exceeds 4 months and the price generally charged by the hotel for such services increases, the hotel can increase the contractually agreed price appropriately, but by no more than 5%.

4 Invoices from the hotel without a due date are payable within 14 days of receipt of the invoice without deduction. The hotel can demand immediate payment of due claims at any time request from the customer. In the event of late payment, the hotel is entitled to demand the applicable statutory default interest of currently 9 percentage points above the base interest rate or, in the case of legal transactions in which a consumer is involved, 5 percentage points above the base interest rate. In addition, in the event of default, the hotel may charge a fee of EUR 2.00 per reminder letter. The hotel reserves the right to prove and assert higher damages.

5. The hotel is entitled to request a reasonable advance payment at any time. The amount of the advance payment and the payment dates can be agreed in writing in the contract.

6. In justified cases, e.g. the customer is in arrears with payments or the scope of the contract has been extended, the hotel is entitled to demand an advance payment or security deposit in the sense of No. 5 above or an increase in the advance payment or security deposit agreed in the contract up to the start of the event, even after the contract has been concluded to demand the full agreed remuneration.

7. The customer can only offset or set off against a claim of the hotel with an undisputed or legally binding claim or exercise a right of retention.

IV. WITHDRAWAL BY THE CUSTOMER (CANCELLATION, CANCELLATION ) / FAILURE TO USE HOTEL SERVICES (NO SHOW)

1. The customer can only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as the possible consent to a contract cancellation must be made in text form.

2. If a date for free cancellation of the contract has been agreed in writing between the hotel and the customer, the customer can cancel the contract up to that point without triggering payment or damage claims by the hotel. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal in writing to the hotel by the agreed date.

V. WITHDRAWAL OF THE HOTEL

1. If it has been agreed in text form that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked event rooms and the customer, upon inquiry by the Hotels do not waive their right to withdraw after setting a reasonable deadline.

2. If an agreed advance payment or an advance payment requested in accordance with Clause III, Items 5 and/or 6 is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.

3. Furthermore, the hotel is entitled to withdraw from the contract for an objectively justifiable reason, in particular if

– Force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;

– Events are booked culpably with misleading or false information or with the concealment of essential facts; The identity of the customer, the ability to pay or the purpose of the stay can be essential.

– the event jeopardizes the smooth running of business, security or the reputation of the hotel in public, without this being attributable to the hotel’s area of control or organization;

– there has been a breach of clause I, clause 2;

– the purpose or reason for the event is illegal.

4. If the hotel withdraws with justification, the customer is not entitled to compensation.

VI. CHANGES IN PARTICIPANTS AND EVENT TIME

1. An increase in the number of participants by more than 5% must be communicated to the hotel no later than five working days before the start of the event; it requires the consent of the hotel, which should be in text form. The billing is 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 has the right to reduce the agreed price by the additional expenses saved due to the lower number of participants.

2. A reduction in the number of participants by more than 5% should be communicated to the hotel in good time, at the latest five working days before the start of the event. The billing is based on the actual number of participants, but at least 95% of the ultimately agreed number of participants. Section 1 sentence 3 applies accordingly.

3. If the number of participants is reduced by more than 10%, the hotel is entitled to exchange the confirmed rooms, taking into account any deviating room rent, unless this is unreasonable for the customer.

4. If the agreed start or end times of the event are changed and the hotel agrees to these deviations, the hotel can charge for the additional service provided, unless the hotel is at fault.

VII. BRINGING FOOD AND BEVERAGE

In principle, the customer may not bring food and drinks to events. Exceptions require a written agreement with the hotel. In these cases, an appropriate contribution to cover overhead costs will then be charged.

VIII.TECHNICAL EQUIPMENT AND CONNECTIONS

1. Insofar as the hotel procures technical or other facilities/equipment from third parties for the customer at his request, it acts in the name, with authority and for the account of the customer. The customer is liable for careful handling and proper return. He releases the hotel from all third-party claims arising from the provision of these facilities/equipment.

2. The use of the customer’s own electrical systems using the hotel’s electricity network requires the customer’s prior written consent. Malfunctions or damage to the hotel’s technical systems caused by the use of these devices are at your expense of the customer, insofar as the hotel is not responsible for them. The hotel may record and charge a flat rate for the electricity costs arising from the use.

3. With the prior consent of the hotel in text form, the customer is entitled to use his own telephone, fax and data transmission facilities. The hotel may charge a reasonable connection fee for this.

4. If suitable facilities/equipment of the hotel remain unused due to the connection of the customer’s own systems, an appropriate cancellation fee can be charged.

5. Malfunctions in the technical or other facilities provided by the hotel will be rectified immediately if possible. Payments cannot be withheld or reduced unless the hotel is responsible for these disruptions.

IX. LOSS OF OR DAMAGE TO BRINGING ITEMS

1. Exhibition items or other items (including personal items) are in the event rooms or in the hotel at the customer’s own risk. No key authority is granted to the customer. The hotel assumes no liability whatsoever for loss, destruction or damage, including financial loss, except in the case of gross negligence or intent on the part of the hotel. Excluded from this are damages resulting from injury to life, limb or health. In addition, all cases in which safekeeping is a typical contractual obligation (on which the customer may rely within the framework of the contract) due to the circumstances of the individual case are excluded from this exemption from liability.

2. Decoration material brought along must meet the fire protection requirements. The hotel is entitled to demand official proof of this. If such proof is not provided, the hotel is entitled to remove 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.

3. 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 can charge a reasonable compensation for use for the duration of the stay. The customer is free to prove that the above claim did not arise or did not arise in the required amount.

X. CUSTOMER’S LIABILITY FOR DAMAGES

1. If the customer is an entrepreneur, he is liable for all damage to the building or the hotel and inventory caused by event participants or visitors, employees, other third parties in his area or himself.

2. The hotel may require the customer to provide appropriate security (e.g. insurance, deposits, guarantees, etc.).

XI. FINAL PROVISIONS

1. Changes or additions to the contract, the acceptance of applications or these General Terms and Conditions for Events should be made in writing. Unilateral changes or additions by the customer are invalid.

2. The place of performance and payment is the hotel’s registered office.

3. The exclusive place of jurisdiction – also for disputes over checks and bills of exchange – is the registered office of the hotel in commercial transactions. If a contractual partner meets the requirement of § 38 para. (2) ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction is the registered office of the hotel.

4. German law applies exclusively. The application of the UN sales law and the conflict of laws is excluded.

5. Should individual provisions of these general terms and conditions for events be ineffective or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.

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