- El Hotel
I. Area of application
1. These General Terms and Conditions apply for contracts regarding the letting of Conference, Banquet and Event rooms provided by the Hotel Palace, Hotel in the Europa-Center Verwaltungsgesellschaft mbH & Co. KG, - hereinafter referred to as the Hotel -, for the realisation of events such as Banquets, Seminars, Meetings, Exhibitions and Presentations etc. as well as all further services and performances delivered in this context for the Clients.
2. The sub-letting or re-leasing of the assigned rooms, areas or glass cabinets as well as the invitations to job interviews, sales or similar events require the prior consent of the Hotel in writing or by e-mail, whereas § 540 Subpara. 1 Sentence 2 BGB (German Civil Code) is ruled out, as long as the Client is not a consumer.
3. The General Terms and Conditions of the Client are applicable only if this is agreed in writing or by e-mail in advance.
II. Conclusion of the contract, contracting parties, liability, statutory limitation
1. The contract is concluded through the acceptance of the application of the Clients by the Hotel; these are the contracting partners. The Hotel has the liberty to confirm the room booking in writing or by e-mail.
2. If the Client/Principal is not the Host itself and/or a professional Agent or Organiser is appointed or becomes involved by the Host, the Host is jointly and severally liable together with the Client
for all obligations arising from this contract, if a corresponding declaration of the Host is available to the Hotel. Independently thereof, the Principal is obliged to forward all information relevant to the booking, in particular these General Terms and Conditions to the third party.
3. The Hotel is liable for its obligations arising from the contract. Claims of the Client for compensation are ruled out. Excepted thereof are damages for harm to life, limb or the health, if the Hotel is responsible for the breach of duty, other damages, which were caused by a deliberate or grossly negligent breach of duty and damages, which were caused by a deliberate or grossly negligent breach of duty of regular contractual obligations of the Hotel. A breach of duty by the Hotel is equivalent to the breach of duty by one of its official representatives or one of its vicarious agents. Should disturbances or defects to the services of the Hotel appear, the Hotel will undertake efforts, after the acknowledgement or upon immediate reprimand by the Client, to cater for the elimination of defects and restoration of order. The Client is obliged, to reasonably co-operate, in order to remedy the disturbance and to keep a possible damage low. Otherwise the Client is obliged to point out to the Hotel in due time about the possibility of creation of an extraordinarily high damage.
4. All claims against the Hotel are principally statutory limited to one year from the date of commencement of the legal statutory limitation. Compensation claims are statutory limited to five years regardless of the knowledge thereof, if they were not caused by harm to life, limb, the health or freedom. These compensation claims are statutory limited regardless of the knowledge thereof to ten years. These statutory limitations do not apply for claims, which are caused by a deliberate or gross negligent breach of duty of the Hotel.
III. Services, prices, payment, set-off
1. The Hotel is obliged to provide the services ordered by the Client and confirmed by the Hotel.
2. The Client is obliged to pay the agreed and/or applicable prices of the Hotel for the room assignment and for the rest of the services claimed by it. This applies also for services and additional expenses of the Hotel to third parties, which were induced by the Client, in particular also for demands of copyright collecting societies. The agreed prices include the currently valid VAT.
3. If the time period between the contract conclusion and contract fulfillment exceeds four months and thus the price calculated by the Hotel in general for such services is increased during this period, the Hotel has the right to increase this contractually agreed price reasonably, however at most by 5 %. If more than four months lie between the contract conclusion and contract fulfillment and the actually valid VAT is increased, the prices shall be adapted accordingly.
4. Invoices of the Hotel without a payment deadline, must be paid without deductions within 10 days from the date of receipt of the invoice. The Hotel can demand the immediate payment of due payable amounts at any time from the Client. In case of payment default, the Hotel is entitled to demand the actually legally applicable default interest of currently 8 percentage points and/or in case of legal transactions, in which a consumer is involved, with 5 percentage points, above the basic interest rate. The Hotel reserves the right to provide evidence of occurrence of a higher damage to it.
5. The Hotel is entitled to demand a reasonable advance payment or a security deposit by the Client at the date of contract conclusion in form of a credit card guarantee, of a down-payment or in a similar form. The amount of the advance payment and the payment dates can be agreed in writing or by e-mail in the contract.
6. In justified cases, such as e.g. outstanding payments by the Client or extension of the contractual scope of services, the Hotel is entitled, even after the contract conclusion until the commencement of the event, to demand a down-payment or a security provision within the meaning of the above-mentioned clause No. 4, or an increase of the advance payment or security provision agreed in the contract, until the complete payment of the entire agreed price.
7. The Client can set-off the payment demand of the Hotel only with an undisputed or legally unappealable confirmed demand vis-a-vis the Hotel.
IV. Withdrawal of the Client (Counter order, cancellation)
1. A withdrawal of the Client from the contract concluded with the Hotel requires the consent of the Hotel in writing or by e-mail. If this does not occur, in any case the agreed room rent price in the contract and the induced services by third parties are to be paid, if the Client does not use the contractually agreed services and a further letting of the rooms or use of the services rendered by third parties is not possible.
2. If between the Hotel and the Client a time limit for the withdrawal from the contract free of charge has been agreed in writing or by e-mail, the Client can withdraw from the contract until this date, without creating payment or compensation claims by the Hotel. The withdrawal right of the Client is ceased, if it does not exercise its withdrawal right until the agreed date vis-a-vis the Hotel in writing or by e-mail. The date of receipt of the notice of withdrawal to the Hotel shall be decisive. The date and local time of Berlin (Germany) are decisive in this respect.
3. If the Client withdraws only between the 8th and the 4th week prior to the date of the event, the Hotel is entitled to charge an additional charge of 35 % on top of the agreed rent price from the lost turnover of the set Menu, in the event of a later withdrawal 70 % of the set Menu.
4. The calculation of the food Menu turnover is made by applying the formula: agreed Menu price x number of participants. If for the Menu no price was agreed, the calculation shall be based on the cheapest 3-course-Menu of the actually valid event offer.
5. If a daily lump-sum for each participant was agreed, the Hotel is entitled, in case of withdrawal between the 8th and the 4th week prior to the date of the event to invoice 60 %, in case of a later withdrawal 85 % of the daily lump-sum X agreed number of participants.
6. The deduction of saved expenses has been taken into consideration in clauses Nos. 3 until 5. The Client has the liberty to bring forth evidence that the above-mentioned claim has not resulted or not in the amount demanded by the Hotel.
V. Withdrawal of the Hotel
1. If it was contractually agreed that the Client can withdraw from the contract free of charge within a certain deadline, the Hotel shall be entitled on its part, to withdraw from the contract in this period as well, if requests by other Clients are available for the contractually booked event rooms and the Client does not waive its right of withdrawal upon demand by the Hotel.
2. If an agreed advance payment or security provision demanded, pursuant to the above clause Fig. III Numbers 4 and/or 5, has not been paid even after the expiry of a reasonable, additional deadline set by the Hotel, the Hotel is also entitled to withdrawal from the contract.
3. Furthermore the Hotel is entitled to an extraordinary withdrawal from the contract, due to objectively justifiable grounds, such as e.g. if
- force majeure or any other circumstances, for which the Hotel is not to be held responsible, render the fulfillment of the contract impossible;
- Events or rooms or premises have been booked in bad faith, using misleading or false details of contractually significant facts, such as e.g. details to the person of the Client or the purpose of the event;
- the Hotel has the justified reason for the assumption that the usage of the Hotel services may endanger the smooth business operation, the security or the prestige of the Hotel in the public opinion, unless this being accounted for to the responsibility and/or organisation area of the Hotel;
- the purpose and/or the reason of the sojourn is illegal;
- there is a breach of the above-mentioned Fig. I No. 2
- if an application for the initiation of insolvency proceedings against the assets of the Client has been submitted.
4. In case of a justified withdrawal of the Hotel, there is no claim of the Client for compensation.
VI. Change of the number of participants and of the Event time
1. A change of the number of participants by more than 5 % must be notified at the latest five working days before the commencement of the Event to the Hotel; it requires the consent of the Hotel in writing or by email.
2. A reduction of the number of participants by the Client by no more than 5 % will be accepted by the Hotel at the balance calculation. By deviations going exceeding this limited of the hotel fees the initially agreed number of participants less 5 % will be the basis for calculation. The Client has the right to reduce the agreed price by the expenses saved due to a reduced number of participants, which is to be proven by the Client.
3. In case of an increase of the number of participants, the actual number of participants will be charged.
4. In case of a deviation of the number of participants by more than 10 %, the Hotel is entitled to set the agreed prices anew as well as to change the confirmed rooms, except if this is unreasonable for the Client.
5. If the commencement and end time-schedules of the Event are shifted and the Hotel consents to these changes, the Hotel may charge for the additional readiness for services reasonably in its invoice, except if this occurred due to a fault of the Hotel.
VII. Own food and beverages
The Client is generally not allowed to bring its own food and beverages to Events. Any exceptions require an agreement with the Hotel in writing or by e-mail. In these cases a fee for the coverage of common costs will be charged.
VIII. Technical equipment, connections and winding-up
1. If the Hotel acquires upon the Client`s request technical and other equipment from third parties, it acts on behalf of and on account of the Client and shall be deemed to be authorized accordingly. The Client is liable for the proper treatment and the correct return of this equipment. He releases the Hotel from all claims of third parties aus der Überlassung dieser Einrichtungen frei.
2. The use of electrical installations of the Client under usage of the power supply circuit of the Hotel requires the consent of the Hotel in writing or by e-mail. Any disturbances occurring through the usage of these pieces of equipment or damages to the technical installations of the Hotel are to be paid by the Client, if the Hotel is not responsible for them. The costs for the electricity consumption through the usage can be determined and accounted for by the Hotel.
3. The Client is entitled with the consent of the Hotel, to use the telephone, fax and data transmission. For this service the Hotel can demand a connection fee.
4. If through the connection of own systems of the Client some suitable equipment and systems of the Hotel are not used, a remuneration due to lack of use can be calculated.
5. Disturbancies to technical and other equipment provided by the Hotel will be eliminated forthwith, as far as this is possible. Payments cannot be withheld or reduced, if the Hotel is not responsible for these disturbances.
6. The Client must obtain all eventually necessary authority permissions for the realisation of the event at own costs. It is committed to obey these permissions as well as all other public legal regulations in connection with the event.
7. The contracting partners are allowed to use the names and trademarks of the Hotel within the framework of the application bid only after a prior consultation with the Hotel.
IX. Loss or damage of own items
1. Any exhibition or other personal material brought to the event, even personal objects, are in the event rooms and/or in the Hotel at the risk of the Client. The Hotel assumes no liability for loss, deterioration or breakdown, or even for damage to assets, except in case of deliberate action or gross negligence by the Hotel. Excepted thereof are damages from the cause of harm to the life, limb or the health. In addition all cases, in which the management, due to the circumstances of the individual case, portrays a regular contractual duty, are excluded from this liability release.
2. Any decoration material brought to the event must correspond to the fire protection requirements. The Hotel is entitled to demand an authority proof for their suitability. If such a proof is not presented, the Hotel is entitled to remove the decoration material brought by the Client at the expense of the Client. Due to the possible cause of damage the placement and arrangement of objects must be discussed in advance with the Hotel.
3. Any exhibition or other personal material brought to the event must be immediately removed at the end of each Event. If the Client refrains from doing so, the Hotel is allowed to remove and to storage the material at the expense of the Client. If the objects remain in the event room, the Hotel is allowed to calculate a reasonable usage compensation for the duration of the storage. The Client is free to prove that the above-mentioned claim has not resulted or not to the demanded sum.
4. Any objects left behind will be forwarded only after a separate agreement with the Client and only at the expense and risk of the Client.
X. Liability of the Client for damages
1. If the Client is an entrepreneur, it is liable for all damages caused to buildings or inventory, which were caused by the participants to the event and/or visitors, employees, other third parties from its field or by the Client itself.
2. The Hotel can demand from the Client to provide reasonable securities (such as e.g. insurances, security deposits, bank guarantees).
XI. Final provisions
1. Amendments and supplements to the contract, the acceptance of the application or of these General Terms and Conditions shall be submitted in writing or by e-mail. Unilateral amendments and supplements by the Client are not effective.
2. Place of fulfillment and payment is the place of location of the Hotel.
3. Exclusive place of jurisdiction – also for disputes of cheques and bills of exchange–for commercial business transactions is Berlin. If a contracting partner fulfills the prerequisites of § 38 Subpara. 2 ZPO (Code of Civil Procedure) and it has no general place of jurisdiction in Germany, Berlin applies as the place of jurisdiction.
4. German law is applicable. The UN-commercial legislation and of the provisions for conflict of laws do not apply.
5. Should any provisions of these General Terms and Conditions be or become ineffective or null and void, the legal effect of the remaining provisions is not affected thereof. In addition the legal regulations apply.