Terms and Conditions.

These Terms and Conditions apply to contracts for the rental of hotel rooms for accommodation and for further services of the hotel (hotel accommodation contract).

Subletting or re-letting the rooms provided, as well as using them for purposes other than accommodation, requires the prior consent of the hotel in text form.

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

The hotel is free to confirm the room booking in text form.

The contracting parties are the hotel and the customer. If a third party has placed the order on behalf of the customer, that party is jointly and severally liable to the hotel together with the customer.

All claims against the hotel are generally time-barred one year after the statutory limitation period begins. Claims for damages are time-barred after five years. These reductions of the limitation period do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.

The customer is obliged to pay the applicable prices of the hotel for the provision of the room and for the further services used. This also applies to services and expenses of the hotel to third parties arranged by the customer. The agreed prices include the applicable statutory value added tax.

The hotel may make its consent to a subsequent reduction, requested by the customer, in the number of rooms booked, in the services of the hotel or in the customer’s length of stay conditional on an increase in the price for the rooms and/or for the other services of the hotel.

Invoices of the hotel are payable without deduction within 14 days of the invoice being sent. In the event of late payment, the hotel is entitled to charge a flat fee (late payment surcharges, processing fee) of 25.00 euros.

The hotel is entitled to request an advance payment or security from the customer when the contract is concluded.

In justified cases, e.g. payment arrears on the part of the customer, the hotel is entitled to refuse further services.

The customer may only set off or offset an undisputed or legally established claim against a claim of the hotel.

Withdrawal by the customer from the contract concluded with the hotel requires the consent of the hotel in text form. If such consent is not given, the price agreed in the contract must be paid even if the customer does not use the contractual services.

If a date for withdrawing from the contract free of charge has been agreed between the hotel and the customer in text form, the customer may withdraw from the contract up to that date without triggering any payment or damage claims by the hotel. The customer’s right of withdrawal expires if the customer does not exercise it towards the hotel in text form by the agreed date.

For rooms not used by the customer, the hotel must credit the income from renting these rooms to others. If the rooms are not rented to others, the hotel may invoice 100 % of the contractually agreed remuneration.

Any entitlement to withdraw from the contract concluded with the hotel expires one week before the contractually agreed day of arrival. Note: pursuant to Article 16 of Directive 2011/83/EU of the European Parliament, the 14-day right of withdrawal does not apply to hotel bookings. The cancellation conditions of the hotel apply.

If it has been agreed in text form that the customer may withdraw from the contract free of charge within a certain period, the hotel is in turn also entitled to withdraw from the contract during this period (e.g. if a contractually agreed advance payment is not made).

If the hotel withdraws with justification, the customer has no claim to damages.

The customer acquires no claim to the provision of specific rooms unless this has been expressly agreed in text form.

Booked rooms are available to the customer from 3 pm on the agreed day of arrival. The customer has no claim to earlier provision.

On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11 am at the latest. Thereafter, owing to the late vacating of the room, the hotel may charge 50 % of the full room rate (list price) for use beyond the contract until 2 pm, and 100 % after that.

The hotel is liable for its obligations under the contract. Claims of the customer for damages are excluded. Exempt from this are damages resulting from injury to life, body or health where the hotel is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by the hotel, and damages based on an intentional or negligent breach of obligations typical of the contract by the hotel. Should disruptions or defects in the services of the hotel occur, the hotel will endeavour to remedy them upon becoming aware of them or upon the customer’s immediate complaint. The customer is obliged to contribute what can reasonably be expected of them to eliminate the disruption and to keep any possible damage to a minimum.

The hotel is liable to the customer for items brought in in accordance with the statutory provisions. Under these, liability is limited to one hundred times the room rate, but to a maximum of €3,500, and, by way of derogation, to a maximum of €800 for money, securities and valuables.

Where the customer is provided with a parking space in the garage or in a hotel car park, even for a fee, this does not constitute a contract of safekeeping. The hotel is not liable for the loss of or damage to motor vehicles, trailers, motorcycles or trailers parked or manoeuvred on the hotel premises, or their contents, except in cases of intent or gross negligence.

Amendments and additions to the contract or to these General Terms and Conditions should be made in text form. Unilateral amendments or additions by the customer are invalid.

The place of performance and payment is the location of the hotel.

German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and of conflict-of-laws rules or similar is excluded.

Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions apply.

These Terms and Conditions apply to contracts for the rental of conference, banqueting and other event rooms of the hotel for holding events such as banquets, seminars, conferences, exhibitions, trade fairs, etc., and to all further deliveries and services of the hotel connected with them.

Subletting or re-letting the rooms provided or any other rented item, as well as using them for job interviews, sales events or similar events, requires the prior written consent of the hotel. In any case, the organiser is obliged to impose the general obligations contained in the contract or in these General Terms and Conditions on any third parties to whom the organiser makes the rooms available, and to point out to these third parties the duties of care generally existing within a rental relationship, in particular to treat the rented property with care.

The organiser’s terms and conditions apply only if this has been agreed in writing beforehand.

Should defects occur in the deliveries or services of the hotel, or should the services be disrupted, the organiser must report this immediately upon discovery so that the hotel has the opportunity, where applicable, to remedy the situation as quickly as possible or to bring the deliveries and services into conformity with the contract. Where this is not possible owing to the nature of the defect or disruption or for other compelling reasons, or cannot reasonably be expected of the organiser, complaints about defects must in any case be raised at the latest when the rooms are returned to the hotel. The organiser is obliged to keep any damage incurred as low as possible.

In all other respects, the liability of the hotel outside the area typical of its services is limited to defects in performance based on intent or gross negligence on the part of the hotel. This applies in particular also to claims arising from warranted characteristics and from fault in the conclusion of the contract.

Claims of the customer for non-performance or poor performance, or on grounds of any other liability of the hotel, become time-barred, subject to any shorter statutory limitation period, at the latest six months after the day on which the event ends as agreed in the contract for the rental of event rooms.

The hotel is liable to the customer for items brought in in accordance with the applicable statutory provisions.

The hotel is obliged to provide the agreed services.

The organiser is obliged to pay the prices agreed, or usually charged by the hotel, for the agreed deliveries and services and for any other deliveries and services used. This also applies to deliveries and services (including ancillary services such as food and drink consumed, telephone calls, etc.) used by persons accommodated in the hotel on the basis of this contract and/or by participants in or visitors to the event.

The agreed prices include the value added tax legally applicable at the time of performance.

Where a conference package rate has been set, it applies per event day and per participant, unless otherwise agreed.

Invoices of the hotel without a due date are payable without deduction within 10 days of receipt of the invoice. If the hotel has granted the organiser a payment term or other credit and the organiser falls into arrears with it or with other payment obligations towards the hotel, the payment term or other credit may be revoked and all claims made immediately due. In the event of late payment, the hotel is entitled to charge interest at 8 % per annum. The organiser reserves the right to prove lower damage, and the hotel the right to prove higher damage.

The organiser may only set off undisputed or legally established counterclaims against claims of the hotel, or exercise a right of retention to that extent.

If and to the extent that advance payments have been agreed with the organiser and the organiser does not make them even within a reasonable grace period set by the hotel with a warning of refusal, the hotel is entitled, at its discretion, to withdraw from the contract or to claim damages for non-performance. Section V.2) applies accordingly to the assessment of the damage.

Furthermore, the hotel is entitled to withdraw from the contract for an objectively justified reason, for example if

• force majeure or other circumstances for which the hotel is not responsible make performance of the contract impossible or unreasonably difficult for the hotel;
• event rooms were booked with misleading or false information about material facts, e.g. about the identity of the organiser or the purpose of the rental;
• the hotel has reasonable grounds to assume that the use of the hotel’s deliveries/services may jeopardise the smooth running of business or the security or public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organisation, or there is a breach of section I.2).

If the hotel withdraws with justification, the organiser has no claim to damages.

The organiser only has a right to withdraw from the contract concluded with them for the rental of event rooms if this has been agreed in writing in the contract. If any right of withdrawal has not been exercised within the agreed period, it expires when the period ends and the contract remains fully effective, with the consequence that the organiser must pay the agreed consideration even if they do not use the ordered deliveries and services, in particular the ordered event rooms. The consideration also includes compensation for lost food and beverage revenue in accordance with section V.2).

If it has been agreed with the organiser that, in the event of withdrawal within set periods, they must pay compensation for lost food and beverage revenue (in the form of a fixed percentage), the relevant food revenue is calculated using the formula: menu or buffet price × number of persons. If no price had yet been agreed for the menu, the least expensive three-course menu of the event offer valid at the agreed time of the event is taken as the basis. For the purpose of calculating the compensation for lost beverage revenue, a flat revenue amount of EUR 15.00 per participant is taken as the basis. If a conference package rate has been agreed, the agreed minimum charge of the package rate is to be applied for the consideration owed under section V.1.

The organiser reserves the right to prove lower damage, and the hotel the right to prove higher damage.

Cancellation periods and conditions: if, in the event of cancellation, the rooms concerned are not resold, this is

• free of charge up to 28 days before arrival,
• up to 14 days before arrival, 50 % of the agreed price becomes due,
• up to 7 days before arrival, 80 %,
• one day before arrival or in the event of non-arrival, 100 %.

A reduction in the number of participants by up to 5 % (in the case of an “approximate number”, the absolute number stated in figures applies) does not require prior notice to the hotel and is taken into account as a reduction in the invoice.

A reduction in the number of participants by more than 5 % compared with the agreed number of participants (in the case of an “approximate number”, the absolute number stated in figures applies) must be notified to the hotel’s events department in writing (or by fax) at the latest five working days before the start of the event. Unless the hotel agrees in writing to a different arrangement, in such a case the agreed number of participants less 5 % is taken as the basis for invoicing.

If the number of participants is reduced by more than 10 %, section VI.2) applies accordingly, with the proviso that the hotel is in addition entitled to adjust the agreed prices upwards within a reasonable range. Furthermore, in such a case the hotel is entitled to replace the agreed rooms with other suitable rooms, unless this is unreasonable for the organiser.

If the agreed number of participants increases, the actual number of participants is taken as the basis for invoicing.

If the agreed start and/or end times are postponed without the prior consent of the hotel, the hotel may invoice reasonable additional costs for its readiness to perform.

The organiser may in principle only bring food and drinks to events if the hotel has given its prior written consent. Consent may be made conditional on payment of an amount to cover overheads.

Where the hotel procures technical and other equipment from third parties for the organiser at the organiser’s request, it acts in the name and for the account of the organiser. The organiser is liable for careful handling and proper return. The organiser indemnifies the hotel against all third-party claims arising from the procurement and provision of such equipment.

The use of the organiser’s own electrical and other technical equipment using electricity and other supply networks of the hotel requires the hotel’s prior written consent. If suitable equipment of the hotel remains unused because the organiser’s own equipment is connected, consent may be made conditional on payment of a compensation fee for loss of use.

The organiser is liable for any disruption of or damage to the supply networks and other equipment of the hotel arising from the use of the organiser’s equipment, unless the hotel is responsible for it. The hotel may invoice energy costs incurred through the use of such equipment of the organiser separately in the form of a reasonable flat fee.

If the organiser wishes to use their own telephone, fax and other communication equipment, this requires the prior written consent of the hotel. Consent may be made conditional on payment of a connection fee.

Exhibits and other items brought along, including personal items, are in the event rooms or in the hotel at the organiser’s risk. The hotel accepts no liability for loss, destruction or damage, except in cases of gross negligence or intent on the part of the hotel.

Exhibits or other items brought along must be removed from the event rooms immediately at the end of the event and may not be left, even temporarily, in other publicly accessible areas of the hotel. If the organiser fails to do so, the hotel may remove and store them at the organiser’s expense and risk. If the items remain in the event room, the hotel may charge the agreed room rental and provision costs for the duration of their stay. The organiser reserves the right to prove lower damage, and the hotel the right to prove higher damage.

The organiser is liable for all damage to the hotel building and its furnishings caused by the organiser, event participants, visitors to the event, employees of the organiser or other third parties attributable to the organiser’s sphere. The organiser bears the burden of proving that there was no culpable conduct.

The organiser must ensure that all waste is disposed of properly in accordance with the relevant statutory provisions on separation and other treatment. If, contrary to this, the organiser leaves waste behind, the hotel is entitled to invoice the organiser for the costs of proper disposal and of any special cleaning of the rooms this may require.

The use of external security services requires the prior consent of the hotel.

Decoration material brought along must comply with the hotel’s fire safety requirements. The hotel is entitled to request official proof of this. Because of possible damage, the setting up or attaching of decoration and similar material must be agreed with the hotel in advance.

Where there is good reason, the hotel may request the provision of reasonable security.

Amendments and additions to the contract for the rental of event rooms or to these Terms and Conditions must be made in writing to be effective.

The place of performance and payment is Starnberg.

The exclusive place of jurisdiction, also for disputes concerning cheques and bills of exchange, is the court of the place of performance named in section XI.2). Its jurisdiction is hereby agreed in any case also in relation to those organisers who meet the requirements of Section 38 (1) of the German Code of Civil Procedure (ZPO) and/or who have no general place of jurisdiction in Germany (although in the latter case the hotel is also entitled, at its discretion, to bring an action at the organiser’s general place of jurisdiction abroad).

The law of the Federal Republic of Germany applies.

Should individual provisions of the contract for the rental of event rooms and/or of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.