General Terms and Conditions of the SeminarZentrum Rückersbach

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1. scope

1.1 These Terms and Conditions apply to contracts for the rental of conference, banquet and event rooms of the hotel for the holding of events such as banquets, seminars, conferences, exhibitions and presentations, etc., as well as to all services and deliveries provided by the hotel to the customer in this context.

1.2 The subletting and reletting of the rooms and areas provided as well as the invitation to job interviews, sales or similar events require the prior consent of the hotel in text form, whereby §540 (1) sentence 2 BGB is waived insofar as the customer is not a consumer.

1.3 General terms and conditions of the customer shall only apply if this was previously expressly agreed in text form.

 

2. conclusion of contract, -partners, limitation

2.1 The contract is concluded by the hotel’s acceptance of the customer’s application; they are contracting parties. The hotel is free to confirm the booking of the event in text form.

2.2 If the customer/orderer is not the organizer himself or if a commercial intermediary or organizer is engaged by the organizer, the organizer shall be jointly and severally liable with the customer for all obligations arising from the contract, provided the hotel has a corresponding declaration from the organizer.

2.3 All claims against the hotel are generally subject to a limitation period of one year from the statutory commencement of the limitation period. Claims for damages are subject to a limitation period of five years, irrespective of knowledge, unless they are based on injury to life, body, health or freedom. These claims for damages shall become statute-barred after ten years, irrespective of knowledge. The reductions in the statute of limitations do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

 

3. services, prices, payment, set-off

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

3.2 The customer is obligated to pay the agreed or applicable prices of the hotel for these and other services used. This also applies to services and expenses of the hotel to third parties initiated by the customer, in particular also to claims of copyright collecting societies. The agreed prices include the respective statutory sales tax.

3.3 If the period between the signing of the contract and the provision of services exceeds 4 months, the hotel reserves the right to change prices without prior notice.

3.4 Invoices of the hotel without a due date are payable without deduction within 7 days of receipt of the invoice. The hotel may demand immediate payment of due receivables from the customer at any time. In the event of late payment, the Hotel shall be entitled to charge the applicable statutory interest on arrears, currently 8% or, in the case of legal transactions involving a consumer, 5% above the base interest rate. The hotel reserves the right to prove higher damages.

3.5 The hotel is entitled to demand an appropriate advance payment or security deposit from the customer upon conclusion of the contract in the form of a credit card guarantee, a down payment or similar. The amount of the advance payment and the payment dates can be agreed in text form in the contract.

3.6 In justified cases, e.g. payment arrears on the part of the customer or expansion of the scope of the contract, the hotel shall be entitled to demand an advance payment or security deposit within the meaning of No. 4 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration, even after conclusion of the contract until the start of the event.

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

 

4. Withdrawal of the customer (cancellation)

4.1 A withdrawal of the customer from the contract concluded with the hotel requires the consent of the hotel in text form. If this is not done, then in any case the agreed room rent from the contract as well as services arranged with third parties are to be paid even if the customer does not use contractual services and a subletting is no longer possible.

4.2 If a date for the cost-free withdrawal from the contract was agreed between the hotel and the customer in text form, the customer can withdraw from the contract until then without triggering payment or damage claims of the hotel. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal towards the hotel in text form by the agreed date.

4.3 In the event of changes or cancellations of reserved hotel rooms, event rooms and arrangements will be charged:

Up to 8 weeks before the event: free of charge

Up to 4 weeks before event: 20% of total cost

Up to 2 weeks before event: 50% of total costs

Up to 3 days before event: 80% of total cost

From 3 days before event: 90% of total cost

 

For tour group reservations made by tour operators and travel agents, the following cancellation policies apply:

Up to 42 days before arrival: free of charge

From 41 days before arrival: 50% of the total cost

 

4.4 In the case of rooms not used by customers, the hotel shall credit the income from renting these rooms to other parties as well as the saved expenses. If the rooms are not rented to other parties, the hotel may demand the contractually agreed remuneration and make a flat-rate deduction for the expenses saved by the hotel. In this case, the customer is obliged to pay at least 90% of the agreed price for overnight accommodation with or without breakfast. The customer is free to prove that the aforementioned claim did not arise or did not arise in the amount claimed.

 

5 Cancellation of the hotel

5.1 If it has been agreed in text form that the customer may withdraw from the contract free of charge within a certain period of time, the hotel shall be entitled for its part to withdraw from the contract within this period of time if there are requests from other customers for the contractually booked event rooms and the customer does not waive his right to withdraw upon inquiries by the hotel.

5.2 If an agreed or requested advance payment or security deposit is not made even after expiration of a reasonable grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract.

5.3 Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for factually justified reasons. For example, if:

• Violence or other circumstances beyond the control of the hotel make the fulfillment of the contract impossible;
• events or rooms are culpably booked under misleading or false information of facts essential to the contract, e.g. to the person of the customer or the purpose of the event;
• the hotel has reasonable grounds to believe that the event may jeopardize the smooth operation of the business, the safety or the reputation of the hotel in public, without this being attributable to the hotel’s sphere of control or organization;
• the purpose or the occasion of the event is unlawful;
• a violation of Section I No. 2 is present.
• In the event of a justified withdrawal by the hotel, the customer shall not be entitled to compensation.

 

6. Change in the number of participants and the event time

6.1 A change in the number of participants by more than 5% must be notified to the hotel at least five working days before the start of the event; it requires the consent of the hotel in text form.

6.2 A reduction in the number of participants by the customer by a maximum of 5% will be recognized by the hotel when billing. In the event of deviations exceeding this, the originally agreed number of participants less 5% shall be taken as a basis. The customer has the right to reduce the agreed price by the expenses saved due to the lower number of participants, which must be proven by him.

6.3 In the event of an upward deviation, the actual number of participants shall be charged.

6.4 In case of deviations in the number of participants by more than 10%, the hotel is entitled to reset the agreed prices as well as to exchange the confirmed rooms, unless this is unreasonable for the customer.

6.5 If the agreed start or end times of the event are postponed and the hotel agrees to these deviations, the hotel may charge appropriately for the additional service, unless the hotel is at fault.

 

7. Bringing food and beverages

The customer may not bring food and beverages to events. Exceptions require an agreement in text form with the hotel. In this case, a contribution to cover overhead costs will be charged.

 

8. Technical facilities and connections

8.1 Insofar as the Hotel procures technical and other facilities from third parties for the Customer at the Customer’s event, it shall act in the name of, with power of attorney for, and for the account of the Customer. The customer is liable for the careful handling and proper return. He shall indemnify the hotel against all claims of third parties arising from the provision of this equipment.

8.2 The customer is entitled, with the hotel’s consent, to use his own telephone, fax and data transmission facilities. The hotel may charge a connection fee for this.

8.3 Faults in technical or other facilities provided by the hotel will be rectified immediately if possible. Payments may not be withheld or reduced insofar as the hotel is not responsible for these disruptions.

 

9. Loss of or damage to items brought

9.1 Exhibits or other items, including personal items, brought along are located in the event rooms or in the hotel at the customer’s risk. The hotel assumes no liability for loss, destruction or damage, including financial losses, except in the case of gross negligence or intent on the part of the hotel. This does not apply to damages resulting from injury to life, body or health. In addition, all cases in which, due to the circumstances of the individual case, the custody represents a typical contractual obligation, are excluded from this exemption from liability.

9.2 Decorative material brought along must comply with 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 coordinated with the hotel in advance.

9.3 Any exhibition or other items brought in are to 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 may charge an appropriate compensation for use for the duration of their stay. The customer is free to prove that the above claim did not arise or did not arise in the amount claimed.

 

10. arrival and departure

10.1 Booked rooms are available to the customer from 3:00 pm on the agreed day of arrival. He has no right to earlier provision, unless he has agreed this with the hotel in writing.

10.2 Booked rooms are to be claimed by the customer or the event participants no later than 6:00 p.m. on the day of arrival. Unless a later arrival time has been expressly agreed, the hotel has the right to assign booked rooms to other parties after 6:00 p.m. without the contractual partner being able to derive any claims for compensation from this.

10.3 On the agreed departure day, the rooms must be vacated and made available to the hotel by 11.00 a.m. at the latest.

 

11. Liability

11.1 If the customer is an entrepreneur, he is liable for all damage to buildings or inventory caused by event participants or visitors, employees, other third parties from his area or himself.

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

11.3 The hotel is liable for its obligations under the contract. Claims of the customer for damages are excluded. Excluded from this are damages arising from injury to life, body or health, if the hotel is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of typical contractual obligations of the hotel. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent. In the event of disruptions or deficiencies in the hotel’s services, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obligated to contribute what he can reasonably be expected to do in order to remedy the disruption and keep any possible damage to a minimum. In addition, the customer is obliged to inform the hotel in good time of the possibility of an exceptionally high damage.

 

12. Final Provisions

12.1 Amendments and supplements to the contract, the application acceptance or these General Terms and Conditions shall be made in text form. Unilateral amendments or supplements by the customer shall be ineffective.

12.2 Place of performance and payment is the location of the hotel.

12.3 The exclusive place of jurisdiction – also for disputes regarding checks and bills of exchange – in commercial transactions shall be the registered office of the hotel under company law. If a contractual partner fulfills the requirements of § 38 (2) ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel under company law.

12.4 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.

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

 

13. Assurance of the organizer

The customer assures the hotel that he, as well as the trainers employed by him, do not work, teach and offer services according to the principles of L.Ron Hubbard. Furthermore, the customer declares not to be a member of a sect or sect-like community, in particular not to belong to Universal Life and not to represent the corresponding teachings.

 

14. information on online dispute resolution, out-of-court dispute resolution according to § 36 VSBG

14.1 The EU Commission has created an internet platform for the online settlement of disputes (so-called “OS platform”). The ODR platform serves as a contact point for the out-of-court settlement of disputes arising from online service contracts. The ODR platform can be accessed at the following link: https://ec.europa.eu/consumers/odr/

14.2 We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board according to the “Act on Alternative Dispute Resolution in Consumer Matters (VSBG)”.