GENERAL TERMS AND CONDITIONS OF BUSINESS FOR the Biohotel Werratal GmbH
Article 1 Scope
1. These General Terms & Conditions of Business
(GTC) apply to all services provided by Biohotel Werratal GmbH and / or its respective foreign subsidiaries (hereinafter referred to as “Biohotel Werratal”) to guests, event organisers and other contract partners (hereinafter referred to as the “contract partner”). These services consist, in particular, of allowing the use against payment of hotel bedrooms 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 provision of special health promotion measures and comparable special offerings, as well as all further supplies and services of Biohotel Werratal associated therewith. Biohotel Werratal is entitled to have its services performed by third parties.
2. These GTC apply to all forms of contract, such as hotel accommodation, package tour, quota or event contracts concluded with Biohotel Werratal. The GTC shall also apply to all future business with the contract partner.
3. The GTC of the contract partner shall not apply even where Biohotel Werratal fails to expressly reject these. Counterconfirmations of the contract partner making reference to its GTC are hereby rejected.
Article 2 Conclusion of contract
1. In principle, the relevant contract comes into existence following a verbal or written request by the contract partner and on acceptance by Biohotel Werratal. Biohotel Werratal shall be free to accept the request in writing, verbally, in text form (email, fax) or de facto by providing the service.
2. If the contract partner makes a group booking, this will result in a “quota contract”. The quota contract overrides and supplements these terms and conditions. Under this quota contract, the contract partner shall be liable for all damage culpably caused by the end user.
3. A group booking exists when a contract partner books more than nine rooms in a hotel during the same period or for the same event, whether the bookings are made together or separately. The booking method used to make a group booking is immaterial. The booking can be made in person, by telephone, by fax, by e-mail, in writing, on flux-biohotel.de, through agents (e.g. online portals) or in other ways.
4. Sub- or further letting, or the unpaid use by third parties of the rooms provided, as well as uses for purposes other than accommodation, shall only be permitted if Biohotel Werratal has given its express permission. On request, Biohotel Werratal may, at its discretion, grant an exception in writing.
Article 3 Use, handover of rooms, check-out
1. Rooms are made available exclusively for the purposes of accommodation.
2. The contract partner shall be liable to Biohotel Werratal for all damage caused by it or by third parties who have received services by Biohotel Werratal on its instigation.
3. The contract partner shall have no right to use of particular rooms. If rooms should not be available in the hotel, Biohotel Werratal shall inform the contract partner of this immediately and offer the contract party substitute rooms of equivalent value in a nearby hotel of the same category. If the contract partner declines this offer, Biohotel Werratal must immediately refund payments made by the contract partner.
Biohotel Werratal GmbH, Buschweg 40, 34346 Hann. Münden Germany
4. Booked rooms shall be available to the contract partner from 4 pm on the day of arrival. If no agreement to the contrary is reached, Biohotel Werratal shall be entitled to let booked rooms to other parties from 6 pm without the contract partner being able to derive any rights or claims thereby.
5. Rooms must be vacated by no later than 12 pm on the day of departure. After this, in addition to any losses incurred as a result of the room not being vacated, Biohotel Werratal may charge the daytime room rate for additional use until 4 pm, and for use after 4 pm, 100% of the full price of the accommodation (list price).
Article 4 Events
1. To facilitate due preparation by Biohotel Werratal, the contract partner must notify Biohotel Werratal of the final number of participants no late than three days prior to the beginning of the event. Insofar as the contract partner thereby notifies a higher number of participants than agreed, such higher number of participants shall only be included in the contract if Biohotel Werratal agrees to this in writing. If Biohotel Werratal does not agree in writing, the contract partner shall not be entitled to conduct the event with a higher number of participants. If Biohotel Werratal does agree, the charges shall be based on the new agreement (where applicable with additional expenses). The contract partner shall have no right to consent by Biohotel Werratal. The charges shall be based on the contractual agreements irrespective of the number of participants notified to Biohotel Werratal. Should fewer participants actually attend the event, this shall be irrelevant in respect of the charges.
2. Where the agreed time of commencement of an event is moved, Biohotel Werratal shall be entitled to invoice the contract partner for all additional costs thereby incurred.
3. Reserved rooms shall be available to the contract partner only within the period of time agreed in writing; use beyond those times requires the written permission of Biohotel Werratal which will in principle only be granted on payment of additional charges. Biohotel Werratal reserves the right to make room changes insofar as these are reasonable for the contract partner taking Biohotel Werratal´s interests into consideration.
4. For events which go on beyond midnight, Biohotel Werratal shall be entitled to invoice € 50.00 plus VAT per service employee booked for each hour or part thereof. The contract partner shall be liable to Biohotel Werratal for additional services provided to the participants in the event or to third parties in connection with the event.
5. If nothing to the contrary is expressly agreed in writing, the contract partner shall obtain all official permits at its own expense. The contract partner is responsible for complying with all relevant requirements of (administrative) law. The contract partner shall pay any levies payable to third parties for the event, such as GEMA fees, entertainment tax etc., directly to the creditor concerned without delay.
6. The contract partner shall be liable for the conduct of its employees, the participants at the event and also for any other auxiliary staff in the same way as for its own conduct. The hotel may demand provision of appropriate security from the contract partner (e.g. insurance, deposits, guarantees).
7. To prevent damage, the affixing and installation of decorative material or other items must be agreed with Biohotel Werratal in advance. Exhibits and other objects brought in must be removed at the end of the event. Should the contract partner fail to comply with this provision, Biohotel Werratal shall be entitled to have them
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removed and stored at the contract partner’s expense. The contract partner shall dispose of all transport packaging, outer packaging and all other packaging materials at its own expense. Should the contract partner leave packaging behind after the end of the event, this may be disposed of at the contract partner’s expense. All items such as decorative material brought in in connection with the event must meet all relevant statutory requirements.
8. Biohotel Werratal is not insured for items brought in. Arranging the requisite insurance is exclusively a matter for the contract partner.
9. Wherever Biohotel Werratal is able to do so, faults or defects on equipment provided by Biohotel Werratal will be repaired. The contract partner cannot derive any rights in this respect.
10. Where the contract partner brings in its own electrical equipment, the hotel management must give its permission before such equipment is connected to the electricity network. The power consumed will be invoiced at the currently valid electricity prices as charged to Biohotel Werratal by the power supplier. Biohotel Werratal shall be free to charge a flat rate fee at its discretion. Any faults or defects in Biohotel Werratal´s technical equipment caused by such connection shall be for the account of the contract partner.
11. Where Biohotel Werratal procures technical or other equipment for the contract partner from third parties, Biohotel Werratal acts in the name of and for the account of the contract partner. The latter shall be liable for the careful handling and orderly return of such equipment and shall indemnify Biohotel Werratal against all claims by third parties on first written demand. Biohotel Werratal shall not be liable for failure to procure the equipment on time or for any defects in the equipment procured.
12. In principle, the contract partner may not bring food and beverages to events. Written agreement may be reached in special cases (e.g. national specialities etc.); in such cases, an overhead charge will be billed with deduction of the proportional cost of the goods.
13. Newspaper advertisements containing invitations to job interviews and /or sales events in principle require prior written permission from Biohotel Werratal. Should publication take place without permission, Biohotel Werratal shall have the right to cancel the event.
14. Any form of advertising, information or invitations which create a link to the hotel, especially by use of the hotel’s name, require the prior written consent of the hotel.
15. Regarding withdrawal, cancellation and reduction, the regulation stated in § 6 applies correspondingly.
Article 5 Provision of services, prices, payments, offsetting and assignment
1. The prices for the relevant services are based on the Biohotel Werratal price list applicable at the time the service is provided. All prices are quoted inclusive of value added tax at the statutory rate in force at the time. Prices do not include local taxes, charges i.e. tourist tax, additional culture fee and similar more. Contract partner bears the mentioned public dues. These amounts will be invoiced separately. Increases in value added tax shall be borne by the contract partner. If the period between conclusion of contract and initial provision of services exceeds 120 days, Biohotel Werratal shall be entitled to increase prices by a maximum of 15%. Subsequent alterations to services may lead to changes in prices. Biohotel Werratal is entitled to request an advance payment or provision of security from the contract partner or conclusion of contract of up to 100% of the total amount due by the contract partner. The amount of the advance
payment and payment dates may be specified in the contract.
2. Where the contract partner has booked within a period in which a trade fair, major event or the like is taking place and the timing of such event is changed after conclusion of contract for reasons beyond Biohotel Werratal´s control, the contract shall apply to the new period of time if Biohotel Werratal is able to provide the agreed services at that time. Biohotel Werratal shall inform its contract partner within a reasonable period as to whether it can meet its obligations. If the service cannot be provided, especially in the event that the rooms booked are already let to third parties for the new time period, the parties may withdraw from the contract without giving reasons. Assertion of claims against the respective other party is excluded. This shall not apply in respect of payments already made; these shall be refunded or credited.
3. Amounts due to Biohotel Werratal are payable without deduction immediately upon receipt of the relevant invoice. An invoice shall be deemed to have been received by the invoice recipient at the latest 3 days after being sent, except where earlier delivery can be proved. The statutory provisions apply in the case of payment arrears.
4. The preparation of a consolidated invoice shall not release the contract partner from the duty to pay individual invoices on time. In the event of default in payment, even of only one individual invoice, Biohotel Werratal shall be entitled to withhold all further and future services, and to make provision of services contingent upon a deposit of up to 100% of the payment still outstanding.
5. A collection fee of € 10.00 shall be payable for each reminder issued. In principle, invoices are payable immediately in cash or by credit card. Biohotel Werratal is entitled to refuse cheques, credit cards and foreign currency. Vouchers from tour operators will only be accepted if a credit agreement exists with the company concerned or if corresponding advance payments have been made. Reimbursement for services not used is excluded.
6. The contract partner may only offset against amounts due to Biohotel Werratal if the relevant claim is undisputed or has been finally determined by the courts. The same applies correspondingly to any exercise of rights of retention on account of the contract partner’s own claims. Claims and other rights may only be assigned with the written permission of Biohotel Werratal.
7. If the contract partner uses a credit card to pay for products for which Biohotel Werratal requires payment in advance (e.g. guaranteed bookings or standard orders requiring advance payment) without presenting the card in person (e.g. on the phone or internet), Biohotel Werratal shall not grant the contract partner the right to cancel said charges with the credit card company.
Article 6 Withdrawal, cancellation, service reductions
1. Reservations made by the contract partner are binding for both contract partners. If a right to withdraw from the contract has not been agreed or has already expired, or no legal right to withdraw or cancel exists, and Biohotel Werratal does not agree to cancel the contract, Biohotel Werratal retains the claim to the agreed remuneration even though the services have not been supplied. In such cases, Biohotel Werratal must offset the revenue from letting the rooms to third parties and from the expenditure saved. If the rooms are not let to third parties, Biohotel Werratal can charge the discount for expenditure saved as a lump sum. In this case, the contract partner is obliged to pay the following percentages of the agreed total price for an overnight stay with or without breakfast:
a) 50% of the agreed total price if written notification of cancellation or reduction is received by Biohotel Werratal between 89 and 30 days before the start of service
Biohotel Werratal GmbH, Buschweg 40, 34346 Hann. Münden Germany
b) 70% of the agreed total price if written notification of cancellation or reduction is received by Biohotel Werratal
between 29 and 10 days before the start of service
c) 90% of the agreed total price if written notification of cancellation or reduction is received by Biohotel Werratal less than 10 days before the start of service
d) In the case of package arrangements with external services: 70% for half-board packages and 60% for full-board packages
Biohotel Werratal has no claim if it receives written notification of cancellation or reduction 90 or more days before the start of service.
2. The contract partner is entitled to provide proof that no loss was incurred by Biohotel Werratal or that the loss incurred was less.
3. Insofar as Biohotel Werratal can provide the cancelled service to third parties within the agreed period, the cancellation charge payable by the contract partner shall be reduced by the amount that such third parties pay for the cancelled service, but up to a maximum of the total cancellation charge due.
Article 7 Withdrawal / cancellation by Biohotel Werratal
1. By law, Biohotel Werratal is entitled to withdraw from the
contract (section 323 German Civil Code) or to terminate the contract (section 314 German Civil Code) if
a) the contract partner fails to meet an obligation
b) fulfilment of the contract is impossible due to force
majeure, strike or other circumstances for which
Biohotel Werratal is not responsible
c) the contract partner gives misleading or false
information on material data
d) the contract partner uses the name of Biohotel Werratal in
advertising materials without prior written permission
e) the rooms which are the subject of the contract are
sublet in part or in full without Biohotel Werratal’s written permission
f) Biohotel Werratal has justified reasons to believe that use of
the hotel’s services may jeopardise the smooth running of its business operations, safety, security or Biohotel Werratal’s public reputation.
2. Biohotel Werratal shall notify the contract partner in writing that it is exercising its right of cancellation / termination without delay, but at the latest within 14 days of learning of the reason for such cancellation / termination. Rescission of the contract by Biohotel Werratal shall not be grounds for claims by the contract partner to damages or other compensation. Any right of Biohotel Werratal to reparation of any loss incurred by it and of the expenditure made by it remains unaffected in the event of justified cancellation of contract.
Article 8 Biohotel Werratal’s liability, items brought in, period of limitation
1. In principle Biohotel Werratal shall be liable in respect of all statutory and contractual claims only in the case of intentional conduct or gross negligence.
2. By way of exception, Biohotel Werratal shall be liable in respect of ordinary negligence in the event of loss or damage
a) due to the breach of essential contractual duties. In such cases, liability is limited to foreseeable losses typical for that type of contract
b) due to death, personal injury or injury to health.
3. Any liability on the part of Biohotel Werratal for consequential damages or indirect damages is excluded.
4. Disclaimers and limitations of liability apply correspondingly to all companies engaged by Biohotel Werratal in fulfilment of its contractual duties, as well as their subcontractors and agents employed in the performance of an obligation for which they are vicariously liable. Such disclaimers and limitations of liability shall not
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apply if Biohotel Werratal has given a guarantee in respect of the properties of any item or of work or in the event of
defects concealed with the intent to deceive.
5. The contract partner is obliged to notify Biohotel Werratal of obvious defects without delay, at the latest prior to its departure from the hotel.
6. The statutory provisions contained in sections 701 et seq. German Civil Code are applicable in relation to items brought in by the contract partner.
7. Items left behind by the contract partner/guest shall only be forwarded at the request, risk and expense of the contract partner. Biohotel Werratal shall store such items for 12 months and charge a reasonable fee for doing so. Insofar as the items have a recognisable value, items will then be turned over to the local lost property office.
8. All claims by the contract partner against Biohotel Werratal arising out of or in connection with the contract become time barred after the expiry of one year, beginning with the end of the year in which the claim arose and the contract partner learned of the circumstances forming
grounds for the claim or, without gross negligence, ought to have learned of such grounds.
Article 9 Addition provisions for package tour contracts
1. Where, along with providing subsistence and
accommodation, the contract provides for Biohotel Werratal to organise a leisure time programme as a chargeable service, this shall represent a so-called package tour contract.
2. The contract partner may not assert any claims due to changes to, variations in or curtailments of individual services within the scope of a package tour contract which become necessary subsequent to conclusion of contract if such changes, variations or curtailments are merely insignificant.
3. Biohotel Werratal shall not be liable for loss or damage suffered by the contract partner through use of a special service provided by a third party; the contract partner will be referred to its rights to enforce its claims against the relevant party who arranged the special service in this respect.
Article 10 Place of performance and payment, place of jurisdiction, side agreements, partial invalidity
1. Place of performance and payment for both parties is the place of business of the relevant Biohotel Werratal operation.
2. German law shall be applicable.
3. Place of jurisdiction is Hann. Münden.
4. Should any provisions of contract, including these General Terms and Conditions of Business, be ineffective, this shall not affect the effectiveness of the remaining provisions. The parties shall replace such ineffective provisions forthwith by an effective provision that approaches as closely as possible the purpose sought and its financial significance. The same applies if the contract should contain omissions.
Hann. Münden, Februar 2016
Concept, Design & Production