GENERAL BUSINESS TERMS OF RENTHOF GMBH IN KASSEL (Germany)
§ 1 Field of application
1. These General Business Terms (German abbreviation: AGB) shall apply to all services, which Renthof GmbH (hereinafter referred to as “Hotel”) provides towards the guest, the organizer, operator and other contractual partners (hereinafter “Contractual Partner”). The services consist in particular of the provision for use of hotel rooms and other rooms against payment e.g. for seminars, conferences, presentations, banquets and other events, the sale of food and beverages (F&B), the organization of cultural and sports events and other programs, the execution of special health-promoting measures or comparable offers as well as for all thus associated further services and deliveries of the Hotel. The Hotel is entitled to fulfil its services through third parties.
2. These General Business Terms refer to all contractual types such as e.g. hotel accommodation, package holiday, contingent or event contracts, which are concluded with the Hotel. The General Business Terms shall also apply to all future business with the Contractual Partner.
3. The General Business Terms of the Contractual Partner shall not apply even if the Hotel does not explicitly object hereto. Counter-confirmations of the Contractual Partner with reference to its General Business Terms are hereby objected to.
§ 2 Conclusion of contract
1. The respective contract shall principally be concluded after an oral or written application of the Contractual Partner and by the acceptance of the Hotel. The Hotel is at liberty to accept the application in writing, orally, in a text form (e-mail, fax) or conclusively, by rendering the requested service(s).
2. If the Contractual Partner makes a group booking, a so-called contingent contract shall be concluded. The contingent contract shall additionally be regulated by these General Business terms. Within the framework of this contingent contract the Contractual Partner shall be liable for all damages, which are culpably caused by the end user.
3. A group booking exists if more than nine rooms in the Hotel, which have a time and/or factual connection, are booked by a Contractual Partner by way of one or several booking processes. A group booking is irrespective of the method used for the booking, which can be made personally, by telephone, by fax, by e-mail, in writing, via the online booking portal of the Hotel, via intermediaries (e.g. so-called online portals) or in any other way.
4. The subleasing, the transferring of the lease to third parties or the free use of the provided rooms by third parties as well as the use for other than accommodation purposes is only permitted if this is explicitly confirmed by the Hotel in a written form. The Hotel can here also permit a written exception here at its own discretion upon request.
§ 3 Use of room, hand-over of room, departure
1. The rooms shall be exclusively made available for accommodation purposes.
2. The Contractual Partner shall be liable towards the Hotel for all damages, which are caused by it or by third parties, who receive the services of the Hotel at its initiation.
3. The Contractual Partner has no claim for the use of certain rooms. Should rooms not be available in the house, the Hotel will inform the Contractual Partner hereof immediately and offer equivalent replacement in a Hotel of the same category located nearby. If the Contractual Partner refuses the Hotel has to reimburse the services provided by the Contractual Partner immediately.
4. Booked rooms shall be available to the Contractual Partner from 3:00 pm on the day of arrival. If not otherwise agreed the Hotel is entitled to allocate the booked rooms otherwise after 6:00 pm without the Contractual Partner being able to derive any rights or claims from this.
5. The rooms must have been cleared no later than by 11:00 am on the day of departure. After this time the Hotel can, in addition to claiming the damages suffered hereby, invoice the day room price for the additional use of the
room until 4:00 pm, respectively from 4:00 pm on 100% of the full accommodation price (the respective current daily rate of the booked period of time shall be valid).
§ 4 Events
1. In order to enable the Hotel to ensure careful preparation the Contractual Partner has to inform the Hotel of the final number of participants no later than seven days before the start of the event. Insofar as the Contractual Partner communicates a higher number of participants than formerly agreed this higher number of participants will only become part of the contract if this is approved by the Hotel in writing. If this is not approved by the Hotel in writing the Contractual Partner is not entitled to carry out the event with a higher number of participants. If the Hotel agrees the settlement shall be oriented to the new agreement (if applicable with additional expenses). The Contractual Partner has no claim for approval. The settlement shall be oriented to the contractual agreements irrespective of the notification of the amount of the number of participants. If less participants actually take part in the event this shall be irrelevant for the settlement.
2. If the agreed time for the start of an event is postponed the Hotel is entitled to invoice the Contractual Partner for all additional costs incurred hereby.
3. Reserved rooms will only be available to the Contractual Partner within the period of time agreed in writing. A use beyond this requires the written consent of the Hotel and will principally only be granted against an additional fee. The Hotel`s right to room changes is reserved insofar as these are deemed reasonable for the Contractual Partner by taking the interests of the Hotel into consideration.
4. In case of events, which continue after midnight the Hotel can invoice EUR 26.00 plus the applicable rate of VAT per booked service worker, who is allocated for the booked event or who supervises the event, for each started hour. The Contractual Partner shall be liable towards the Hotel for additional services to the event participants or towards third parties in connection with the event.
5. All official permits and provision of security as well as rescue services and fireguards and/or police security services in case of major events (according to the guidelines of the Regulations on Places of Assembly in Hesse) have to be procured by the Contractual Partner at its own costs insofar as not otherwise explicitly agreed in writing. The Contractual Partner is responsible for the compliance with all relevant stipulations under (regulatory) law. Charges to be paid to third parties for the event such as e.g. GEMA fees, entertainment tax, social security contributions for artists, etc. are to be paid by the Contractual Partner to the creditor immediately.
6. The Contractual Partner shall be liable for the conduct of its employees, the event participants as well as other auxiliary staff as for its own conduct. The Hotel can request the provision of reasonable security from the Contractual Partner (e.g. insurances, deposits, guarantees).
7. In order to prevent damages the affixation and installation of decoration material or other objects are to be coordinated with the Hotel in advance. Exhibition and other objects brought into the premises are to be removed after the end of the event. If the Contractual Partner does not satisfy this regulation the Hotel is entitled to remove and store any objects liable to costs. Transport packaging, surrounding packaging and all other packaging materials brought into the premises are to be disposed of by the Contractual Partner at its own costs. A disposal can be carried out liable to costs if the Contractual Partner leaves the packaging behind after the end of the event. All objects brought into the premises within the scope of the event such as decoration material, etc. must comply with all applicable regulatory provisions.
8. There is no insurance cover for objects brought into the premises on the part of the Hotel. The conclusion of necessary insurance is exclusively the responsibility of the Contractual Partner.
9. Interferences or defects to equipment made available by the Hotel will be remedied, insofar as this is possible for the Hotel. The Contractual Partner cannot derive any claims in this respect.
10. If own electrical systems are brought into the premises by the Contractual Partner the consent of the Hotel management must be obtained before connection to the electricity network. The incurred electricity consumption will be charged according to the valid provision prices and prices per kWh as charged to the Hotel by the local provider. The Hotel is at liberty to record and charge this at a flat rate. Interferences or defects to the technical systems of the Hotel occurring due to the connection shall be for the expense of the Contractual Partner.
11. If the Hotel procures technical or other equipment from third parties for the Contractual Partner the Hotel shall act in the name and for the account of the Contractual Partner; it shall be liable for the careful handling and proper return of this equipment and shall indemnify the Hotel from all claims of third parties at first written request. A liability of the Hotel owing to late procurement or a faulty condition of the procured equipment is excluded.
12. The Contractual Partner may principally not bring food and drink to the events. In special cases (e.g. national specialties, etc.) a written agreement can be reached in this respect; in these cases a general costs fee will be charged under the deduction of the pro rata use of goods and the Contractual Partner shall confirm to the Hotel in a written form that it assumes the responsibility for the compliance with the guidelines according to HACCP for the food that is brought into the premises.
13. Newspaper advertisements, which include the invitations to interviews or sales events with the address of the Hotel, principally require the prior written consent of the Hotel. If a publication is carried out without consent the Hotel is entitled to cancel the event.
14. Each type of advertising, information, invitations, through which a reference is established to the Hotel, in particular by using the Hotel name, requires the prior written consent of the Hotel.
15. All conditions concerning the use of rooms are to be applied accordingly to events unless more specific regulations for events are included in Paragraph 4.
§ 5 Provision of the services, prices, payments, offsetting and assignment
1. The prices of the respective services shall be determined according to the price list of the Hotel that is valid at the time when the service is provided. All overnight accommodation prices for the rooms and suites as well as all F&B services agreed with the Hotel are deemed including the currently valid statutory value added tax. The prices do not include public duties such as e.g. visitor’s taxes, cultural promotion duties (so-called “bed tax”), etc. The Contractual Partner has to additionally bear the stated duties. The respective amounts will be invoiced to it separately. Increases in the value added tax shall be for the expense of the Contractual Partner. If the period of time between conclusion of the contract and the first contractual service exceeds 120 days the Hotel is entitled to carry out price increases up to a maximum of 10%. Subsequent changes to the services can lead to changes to the prices. Upon conclusion of the contract the Hotel is entitled to request an advance payment or provision of security up to 100% of the total payment obligation of the Contractual Partner. The amount of the advance payment and the payment dates can be recorded in the contract.
2. If the Contractual Partner has booked within a period of time, at which a trade fair, a major event or any other comparable event takes place and if such an event is postponed after conclusion of the contract for reasons for which the Hotel is not responsible, this contract shall apply to the new period of time if it is possible for the Hotel to fulfil the agreed services at this time. When the Hotel can fulfil its service obligation it shall inform the Contractual Partner hereof within a reasonable deadline. If the service is not possible, in particular if the booked rooms are already let to third parties for the new period of time, the parties can cancel the contract without stating any reasons. The assertion of claims against the respective other party is excluded. This shall not apply to already granted services. These are to be refunded or remunerated.
3. The payment claim of the Hotel is due and payable without deduction immediately after receipt of the respective invoice. An invoice shall be deemed as received by the invoice recipient no later than 3 days after dispatch insofar as no earlier receipt can be proven. The statutory regulations shall apply in case of default of payment.
4. The creation of a total invoice shall not release from the timely payment of the individual invoices. A default of payment also of only one individual invoice shall entitle the Hotel to withhold all further and future services and to render the fulfilment of the services dependent on a provision of security in the amount of up to 100% of the still outstanding payment.
5. A dunning fee of EUR 10.00 is owed for each dunning letter. Invoices are principally to be paid immediately in cash or with a credit card that is accepted by the Hotel. Payments by bank transfer require a separate confirmation by the Hotel. The Hotel is entitled to reject foreign currencies as well as checks and credit cards. Vouchers of tour operators will only be accepted if a credit agreement exists with the relevant company or if corresponding advance payments have been made. A reimbursement of services not used is excluded.
6. The Contractual Partner can only offset against a receivable of the Hotel if its receivable is undisputed or has been legally determined final and binding. This shall apply accordingly to the exercising of a right of retention owing to own receivables of the Contractual Partner. Claims and other rights may only be assigned with the written consent of the Hotel
7. If the Contractual Partner uses a credit card to pay hotel services and products with an advance payment obligation (e.g. general orders with an advance payment or a guaranteed booking) without physically submitting this (e.g. via telephone, Internet, etc.), the Contractual Partner is not entitled to revoke this charge in the relationship to the Hotel towards its credit card institution. The Hotel, on the other hand, is entitled to charge a part of the booked services or the total amount to the credit card or to reserve the envisaged invoice amount.
§ 6 Cancelation, non-use of the services of the Hotel (No Show), cancelation, reduction
1. If the Hotel has granted the guest an option in the contract to declare the cancelation of the contract in full or in part without further legal consequences within a certain deadline (hereinafter also referred to as “cancelation” or “reduction”) the Hotel, insofar as a cancelation is carried out in line with the contract, has no claim for compensation. Decisive for the punctuality of the declaration of cancelation is its receipt by the Hotel. The guest must declare the cancelation in writing.
2. If a right to cancelation is not agreed or has already been deleted, and if neither a statutory right to cancelation or termination exists or the Hotel agrees to a revocation of the contract, the Hotel shall retain the claim to the agreed remuneration in the event of cancelation. The Hotel has to offset the income from a letting of the rooms otherwise as well as the saved expenses. If the rooms are not let otherwise, then the Hotel can fix a flat rate for the deduction for saved expenses. In this case the Contractual Partner is obliged to pay the following shares of the contractually agreed total price:
a) 30% of the contractually agreed total price if the written cancelation or reduction is received by the Hotel between 89 and 60 days before the start of the period of service
b) 50% of the contractually agreed total price if the written cancelation or reduction is received by the Hotel between 59 and 28 days before the start of the period of service
c) 70% of the contractually agreed total price if the written cancelation or reduction is received by the Hotel between 27 and 8 days before the start of the period of service
d) 85% of the contractually agreed total price if the written cancelation or reduction is received by the Hotel less than 7 days before the start of the period of service.
The Hotel has no claim if the written cancellation or reduction is received by the Hotel up to (and including) 90 days before the start of the period of service.
3. If the customer does not use the room without having declared the cancellation in writing (No Show) the Hotel has to offset the income from any other letting of these rooms as well as the saved expenses. If the rooms are not let otherwise the Hotel can request the contractually agreed remuneration and fix a flat rate for the reduction for saved expenses of the Hotel. In this case the customer is obliged to pay 90% of the contractually agreed total price.
4. The Contractual Partner is in any case at liberty to prove that claims fixed as a flat rate according to Par. 2. or 3. above were not established or not in the requested amount.
5. If the Hotel can provide the canceled service otherwise towards third parties in the agreed period of time the damages of the Contractual Partner will be reduced by the amount, which these parties pay for the canceled service, a maximum however up to the total damages which cease to apply.
§ 7 Cancelation / termination by the Hotel
1. The Hotel is entitled to cancellation of the contract (Section 323 BGB [German Civil Code]) or to termination of the contract (Section 314 BGB [German Civil Code]) according to the statutory regulations if the Contractual Partner
a) does not make a due payment or does not fulfill a due contractual obligation
b) the fulfillment of the contract is impossible owing to force majeure, strike or other circumstances for which the Hotel is not responsible
c) provides misleading or false details about essential data
d) uses the name of the Hotel with advertising measures without prior written consent
e) sub-lets contractual rooms in full or in part without the written consent of the Hotel,
f) or if the Hotel has a substantiated reason to assume that the use of the Hotel service may jeopardize the smooth business operation, the safety or the reputation of the Hotel in public.
2. The Hotel has to inform the Contractual Partner of the exercising of the cancelation / the termination immediately in writing, no later than within 14 days after the reason becomes known. The revocation of the contract by the Hotel will not substantiate any claims of the Contractual Partner for damages or other compensation payments. A claim of the Hotel for compensation of a damage suffered by it and the expenses paid by it shall remain unaffected in the event of the justified termination of the contract.
§ 8 Liability of the Hotel, objects brought into the premises, statute-of-limitations
1. The Hotel shall be liable in cases of willful intent or gross negligence as well as with a culpably caused injury to the life, body or the health according to the statutory provisions.
2. Incidentally, the Hotel will only be liable for damages, which are due to the culpable breach of essential contractual obligations. In these cases the liability of the Hotel is however
a) limited to the foreseeable damages which are typical for the contract, and
b) excluded for follow-up damages or indirect damages,
insofar as one of the cases listed in Par. 1. does not respectively exist at the same time.
3. The regulations of Par. 1. and 2. above shall apply to all claims for damages (in particular for damages in addition to the service and damages instead of the service), no matter for what legal grounds, in particular owing to defects, the breach of obligations from the debt relationship or from illicit act. They shall also apply to the claim for the reimbursement of fruitless expenses.
4. Liability exclusions and limitations shall apply likewise for the benefit of all companies used by the Hotel in order to fulfill its contractual obligations, its subcontractors and vicarious agents. They shall not apply if the Hotel assumes a guarantee for the condition of an object or a work or in case of maliciously non-disclosed faults.
5. The Contractual Partner undertakes to report recognizable defects in the Hotel immediately, no later than upon departure.
6. The statutory provisions of Sections 701 et seqq. BGB [German Civil Code] shall apply to objects of the Contractual Partner brought into the premises.
7. Objects of the Contractual Partner / overnight guests left behind in the premises will only be sent to the respective party at the request, risk and costs of the Contractual Partner. The Hotel shall store objects of a low value (up to EUR 10.00) for 6 months and subsequently destroy these. Objects with a higher value will be kept in safekeeping by the Hotel for 1 month and subsequently handed over to the local lost and found office by the Hotel. Incidentally, the statutory regulations will apply to lost and found objects (Sections 966 et seqq. BGB).
8. All claims of the Contractual Partner towards the Hotel from or in connection with the contract shall become statute-barred after the expiry of one year, beginning with the close of the year, in which the claim was established and the Contractual Partner gained knowledge of the circumstances substantiating the claim or should have gained knowledge without gross negligence. The reductions in the statute-of-limitations shall not apply in case of claims according to Par. 1.
§ 9 Additional provisions for package holiday contracts
1. If the service obligation of the Hotel consists of organizing a recreational program as an own service against payment besides the granting of food and board this shall substantiate a so-called package holiday contract.
2. The Contractual Partner cannot assert any claims owing to changes, deviations or reductions in individual services within the framework of a package holiday contract, which become necessary after conclusion of the contract, if they are merely irrelevant.
3. In case of brokered services (no package holiday) the Hotel will not be liable for the provision of services by third party service providers or transport companies, but merely for the proper brokerage of the travel service and for the proper forwarding of the information of the service provider to the participant.
4. In case of package holiday the liability of the Hotel for damages, which are not physical damages, is limited to three times the travel price, insofar as a damage of the Contractual Partner was not caused either by willful intent or gross negligence or insofar as the Hotel is responsible for a damage suffered to the Contractual Partner solely owing to a fault of a service provider.
§ 10 Image rights of the Hotel
The industrial exploitation of photos, which show the Hotel or parts of the Hotel or its(their) equipment, require the prior written consent of the Hotel, which the Hotel may at its discretion grant in an individual case within the scope of a “photo permit” liable to costs.
§ 11 Collection, processing and use of personal data
The Hotel is entitled to record, store and process personal data entrusted in its care using modern data processing systems. Personal data will only be collected by the Hotel if you communicate these voluntarily over the course of the order process, with the opening of a customer account or with the registration for the Hotel Newsletter. The Hotel shall exclusively use the collected data for processing this and if applicable future contracts with the Contractual Partner. If you register for the Newsletter with your e-mail address the Hotel will use your e-mail address for own advertising purposes until you unsubscribe from the Newsletter. Incidentally our data protection will apply in addition.
§ 12 WLAN use
The conditions for use, liability and indemnification for the use of an Internet access via WLAN shall apply additionally for the use of the hotel-own WLAN.
§ 13 Place of performance and payment, place of jurisdiction, collateral agreements, partial invalidity
1. The place of performance and payment for both parties is Kassel.
2. German law shall apply.
3. If the Contractual Partner is an entrepreneur Kassel shall be deemed the exclusive place of jurisdiction for all claims, which arise from or owing to the respective contract.
Kassel, in August 2016