Terms and Conditions

I. SCOPE OF APPLICATION

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

1.2 The subletting or re-letting of the rooms, areas, or display cases provided, as well as invitations to interviews, sales events, or similar events, require the prior written consent of the hotel, whereby the right of termination pursuant to Section 540 (1) sentence 2 of the German Civil Code (BGB) is waived.

1.3 The customer's general terms and conditions shall only apply if this has been expressly agreed in writing.

II. CONCLUSION OF CONTRACT, CONTRACTUAL PARTNERS, LIABILITY

2.1 The contracting parties are the hotel and the customer. The contract is concluded when the hotel accepts the customer's request. The hotel is free to confirm the booking of the event in writing.

2.2 The hotel is liable for damages resulting from injury to life, limb, or health for which it is responsible. Furthermore, it is liable for other damages resulting from an intentional or grossly negligent breach of duty by the hotel or from an intentional or negligent breach of typical contractual obligations of the hotel. Typical contractual obligations are those obligations that enable the proper execution of the contract in the first place and on the fulfillment of which the customer relies and may rely. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise stipulated in Section 9. Should disruptions or defects occur in the hotel's services, the hotel shall endeavor to remedy the situation upon becoming aware of it or upon immediate complaint by the customer. The customer is obliged to contribute to remedying the disruption and minimizing any possible damage to a reasonable extent. Furthermore, the customer is obliged to inform the hotel in good time of the possibility of exceptionally high damage occurring.

III. SERVICES, PRICES, PAYMENT, SET-OFF

3.1 The hotel is obligated to provide the services ordered by the customer and confirmed 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 ordered 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 by copyright collecting societies.

3.3 If a minimum turnover has been agreed and this is not achieved, the hotel may demand 60% of the difference as lost profit, unless the customer can prove that the loss was lower or the hotel can prove that the loss was higher.

3.4 The agreed prices include the taxes applicable at the time the contract is concluded. If the statutory sales tax changes after the contract is concluded, the prices will be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between the conclusion of the contract and the fulfillment of the contract exceeds four months.

3.5 If payment on account has been agreed, payment must be made without deduction within 10 days of receipt of the invoice, unless otherwise agreed.

3.6 Upon conclusion of the contract, the hotel is entitled to demand a reasonable advance payment or security deposit from the customer, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed in writing in the contract. In the event of default of payment by the customer, the statutory provisions shall apply.

3.7 In justified cases, for example, if the customer is in arrears with payment or the scope of the contract is extended, the hotel is entitled, even after conclusion of the contract and up to the start of the event, to demand an advance payment or security deposit within the meaning of clause 3.6 above, or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.

3.8 The customer may only offset or set off a claim against a claim by the hotel if the claim is undisputed or legally binding.

3.9 The customer agrees that the invoice may be sent to them electronically.

IV. CANCELLATION BY THE CUSTOMER (CANCELLATION, WITHDRAWAL)

4.1 The customer may only terminate the contract concluded with the hotel free of charge if a right to free termination has been expressly agreed in the contract or if a statutory right to free termination exists.

4.2 If a date for free withdrawal from the contract has been agreed between the hotel and the customer, the customer may withdraw from the contract until that date without triggering any payment or compensation claims by the hotel. The customer's right of withdrawal expires if they do not exercise it in writing to the hotel by the agreed date.

4.3 If a right of withdrawal pursuant to 4.1 has not been agreed or has already expired and there is also no statutory right to terminate the contract free of charge, the hotel shall retain its claim to the agreed remuneration in accordance with clauses 3.3, 4.4, 4.5, and 4.6 despite the service not being used. The hotel shall offset the income from other rentals and the expenses saved. The expenses saved in each case can be calculated as a lump sum, at a rate of 10% for individually reported rental prices, and otherwise in accordance with sections 3.3, 4.4, 4.5, and 4.6. The customer is free to prove that the claim has not arisen or has not arisen in the amount claimed. The hotel is free to prove that a higher claim has arisen.

4.4 If the customer withdraws from the contract only from the 14th day before the date of the event, the hotel is entitled to charge the agreed rental price (less any income or saved expenses in accordance with 4.3 sentence 2) as well as the services provided in advance in accordance with clause 3.2 sentence 2 and/or an agreed minimum turnover.

in accordance with section 3.3, 60% of the lost food and beverage revenue, and from the 7th day onwards, 85% of the food and beverage revenue. For events lasting several days, the first day of the event is decisive for calculating the deadline. The customer is free to prove that the claim has not arisen or has not arisen in the amount claimed. The hotel is free to prove that a higher claim has arisen.

4.5 Food and beverage sales are calculated using the following formula: agreed menu price plus beverages x number of participants. If no price has been agreed for the menu, the cheapest 3-course menu from the currently valid event offer will be used as a basis. Beverages are charged at one-third of the menu price.

4.6 If a conference flat rate per participant has been agreed, the hotel is entitled to charge 60% of the conference flat rate x agreed number of participants for cancellations made 14 days or less before the event date, and 85% for cancellations made 7 days or less before the event date. For events lasting several days, the first day of the event is decisive for calculating the deadline. The customer is free to prove that the claim has not arisen or has not arisen in the amount claimed. The hotel is free to prove that a higher claim has arisen.

V. WITHDRAWAL BY THE HOTEL

5.1 If it has been agreed that the customer may withdraw from the contract free of charge within a certain period, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers for the contractually booked event rooms and the customer does not waive his right of withdrawal upon inquiry by the hotel with a reasonable deadline. This shall apply mutatis mutandis if an option has been granted, if other inquiries have been received and the customer is not prepared to make a firm booking upon inquiry by the hotel with a reasonable deadline.

5.2 If an advance payment or security deposit agreed or requested in accordance with Section 3.6 and/or Section 3.7 is not made even after a reasonable grace period set by the hotel has expired, the hotel shall also be entitled to withdraw from the contract.

5.3 Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, in particular if

- Force majeure or other circumstances beyond the hotel's control that make it impossible to fulfill the contract;

- Events or rooms are booked culpably under misleading or false information or by concealing essential facts; essential facts may include the identity of the customer, their solvency, or the purpose of their stay;

- the hotel has reasonable grounds to believe that the event may jeopardize the smooth running of the business, the safety, or the public image of the hotel, without this being attributable to the hotel's sphere of control or organization;

- the purpose or occasion of the event is unlawful;

- there is a violation of Section 1.2.

5.4 The hotel's justified withdrawal shall not entitle the customer to claim damages. If, in the event of withdrawal in accordance with clauses 5.2 or 5.3 above, the hotel is entitled to claim damages from the customer, the hotel may charge a flat rate. Clauses 4.3 to 4.6 shall apply accordingly in this case.

VI. CHANGES TO THE NUMBER OF PARTICIPANTS AND THE EVENT TIME

6.1 Any increase in the number of participants by more than 5% must be notified to the hotel at least three working days before the start of the event; it requires the hotel's consent, which must be given in writing. The invoice will be 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, which must be proven by the customer.

6.2 The hotel must be notified in good time, at least three working days before the start of the event, of any reduction in the number of participants by more than 5%. The invoice will be based on the actual number of participants, but at least 95% of the number of participants ultimately agreed. Clause 6.1, sentence 3 applies accordingly.

6.3 If the number of participants is reduced by more than 10%, the hotel is entitled to exchange the confirmed rooms, taking into account any differences in room rental rates, unless this is unreasonable for the customer.

6.4 If the agreed start or end times of the event are changed and the hotel agrees to these changes, the hotel may charge a reasonable fee for the additional services provided, unless the hotel is at fault.

VII. BRINGING FOOD AND BEVERAGES

Customers are generally not permitted to bring food and beverages to events. Exceptions require a written agreement with the hotel. In such cases, a reasonable contribution toward covering overhead costs will be charged.

VIII. TECHNICAL EQUIPMENT, CONNECTIONS, AND OTHER EQUIPMENT

8.1 If the hotel procures technical equipment, connections, and/or other equipment from third parties for the customer at the customer's request, it shall act on behalf of, with the authority of, and for the account of the customer. The customer shall be liable for the careful handling and proper return of such equipment. The customer shall indemnify the hotel against all claims by third parties arising from the provision of such equipment.

8.2 The use of the customer's own electrical equipment connected to the hotel's power supply requires the hotel's consent. Any malfunctions or damage to the hotel's technical equipment caused by the use of such equipment shall be borne by the customer, unless the hotel is responsible for them. The hotel may charge a flat rate for the electricity costs incurred through such use.

8.3 With the hotel's consent, the customer is entitled to use their own telephone, fax, and data transmission equipment. The hotel may charge a connection fee for this.

8.4 The customer must obtain any official permits required for the event in good time and at their own expense. They are responsible for complying with public law requirements and other regulations.

8.5 The customer is responsible for handling the formalities and settlements required in connection with copyright-relevant activities (e.g., music performances, film screenings, streaming services) with the relevant institutions (e.g., GEMA).

8.6 Malfunctions in technical or other equipment provided by the hotel will be remedied immediately if possible. Payments cannot be withheld or reduced if the hotel is not responsible for these malfunctions.

IX. LOSS OR DAMAGE TO ITEMS BROUGHT ALONG

9.1 Exhibition items or other items, including personal items, brought along are kept in the event rooms or in the hotel at the customer's own risk. The hotel accepts no liability for loss, destruction, or damage, including financial loss, except in cases of gross negligence or intent on the part of the hotel. This does not apply to damage resulting from injury to life, limb, or health. In addition, all cases in which safekeeping is a typical contractual obligation due to the circumstances of the individual case are excluded from this exemption from liability.

9.2 Decorative materials and other items brought in by the customer and their use must comply with fire safety requirements and official regulations. The hotel is entitled to request official proof of this. If such proof is not provided, the hotel is entitled to remove any materials already brought in at the customer's expense. Due to possible damage, the installation and attachment of items must be agreed with the hotel in advance.

9.3 Any exhibition items or other objects brought to the venue 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 may charge reasonable compensation for use of the room for the duration of the retention.

X. CUSTOMER LIABILITY FOR DAMAGES

10.1 If the customer is an entrepreneur, they shall be liable for all damage to buildings or inventory caused by event participants or visitors, employees, other third parties from their area, or themselves.

10.2 The hotel may require the customer to provide reasonable security, for example in the form of a credit card guarantee.

XI. FINAL PROVISIONS

11.1 Amendments and additions to the contract, the acceptance of applications, or these General Terms and Conditions must be made in writing. Unilateral amendments or additions are invalid.

11.2 If the customer is a merchant or a legal entity under public law, the exclusive place of jurisdiction shall be Kerpen. However, the hotel may also choose to sue the customer at the customer's place of business. The same shall apply to customers who do not fall under sentence 1 if they do not have their place of business or residence in a member state of the EU.

11.3 German law applies. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

11.4 In accordance with its legal obligation, the hotel points out that the European Union has set up an online platform for the out-of-court settlement of consumer disputes ("ODR platform"): http://ec.europa.eu/consumers/odr/

However, the hotel does not participate in dispute resolution proceedings before consumer arbitration boards.