GENERAL TERMS AND CONDITIONS FOR EVENTS (GTCE)

1 SCOPE OF APPLICATION

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

1.2 The subletting or re-letting of the rooms, areas or showcases provided as well as the invitation to job interviews, sales or similar events require the prior consent of the hotel in text form, whereby the right of termination pursuant to § 540 para. 1 sentence 2 BGB is waived.

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

2 CONCLUSION OF CONTRACT, CONTRACTUAL PARTNERS, LIABILITY

2.1 The contractual partners are the hotel and the customer. The contract is concluded upon acceptance of the customer's application by the hotel. The hotel is at liberty to confirm the booking of the event in text form.

2.2 The hotel is liable for damages for which it is responsible arising from injury to life, limb or health. Furthermore, it is liable for other damages that are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of typical contractual obligations by the hotel. Typical contractual obligations are those obligations which make the proper execution of the contract possible in the first place and on the fulfillment of which the customer relies and may rely. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. Further claims for damages, unless otherwise regulated in clause 9, are excluded. Should disruptions or defects occur 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 obliged to make reasonable efforts to remedy the disruption and minimize any possible damage. In addition, the customer is obliged to inform the hotel in good time of the possibility of exceptionally high damages.

3 SERVICES, PRICES, PAYMENT, OFFSETTING

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

3.2 The customer is obliged to pay the hotel's agreed or applicable prices for these and other services used. This also applies to services ordered by the customer directly or via the hotel, which are provided by third parties and disbursed by the hotel. In particular, this also applies to claims of copyright collecting societies.

3.3 If a minimum turnover has been agreed and this is not achieved, the hotel may demand 80% of the difference as lost profit, unless the customer proves a lower loss or the hotel proves a higher loss.

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

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

3.6 The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed in text form in the contract. The statutory provisions shall apply if the customer is in default of payment.

3.7 In justified cases, for example if the customer is in arrears with payment or if the scope of the contract is extended, the hotel is entitled, even after conclusion of the contract 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 an undisputed or legally enforceable claim against a claim of the hotel.

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

3.10 The city of Fulda levies a tourism tax. This is based on § 2 and § 13 of the law on municipal charges (KAG) and the statutes on the levying of a tourism contribution in the area of the city of Fulda (tourism contribution statutes). In principle, all non-local persons of legal age who are accommodated in the area of the City of Fulda for a fee are liable to pay the contribution. The tourism contribution is two euros per day/overnight stay and per person. The guest must provide proof of exemption from the tourism tax. All information on the City of Fulda's tourism fee can be found online at https://www.tourismus-fulda.de/en/plan/tourist-information/visitors-tax.

4 WITHDRAWAL BY THE CUSTOMER (CANCELATION, CANCELLATION)

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

4.2 If the hotel and the customer have agreed on a date for a cost-free withdrawal from the contract, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer's right of withdrawal expires if he does not exercise it in text form vis-à-vis 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 withdraw from the contract free of charge, the hotel shall retain the claim to the agreed remuneration pursuant to Sections 3.3, 4.4, 4.5 and 4.6 despite non-utilization of the service. The hotel must offset the income from other rentals as well as the saved expenses. The expenses saved in each case may be calculated as a lump sum, in the case of individually listed rental prices in the amount of 10%, otherwise in accordance with Clauses 3.3, 4.4, 4.5 and 4.6. The customer is at liberty to prove that the claim did not arise or did not arise in the amount claimed. The hotel is at liberty to prove that a higher claim has arisen.

4.4 If the customer only withdraws from the 10th week before the date of the event, the hotel is entitled to charge 35% of the lost consumption turnover in addition to the agreed rental price (less any income or saved expenses pursuant to 4.3 sentence 2) and the services disbursed pursuant to clause 3.2 sentence 2 and/or an agreed minimum turnover pursuant to clause 3.3, and 70% of the consumption turnover from the 4th week onwards. In the case of events lasting several days, the first day of the event shall be decisive for the calculation of the deadline. The customer is at liberty to prove that the claim did not arise or did not arise in the amount claimed. The hotel is at liberty to prove that a higher claim has arisen.

4.5 The calculation of the consumption turnover is based on the formula Agreed meal price plus drinks x number of participants. If no price has yet been agreed for the choice of food, the cheapest choice of food in the respective valid event offer shall be taken as the basis. Drinks shall be charged at one third of the menu price.

4.6 If a daily flat rate per participant has been agreed, the hotel is entitled to
- 67% for events with up to 49 persons and in the event of a withdrawal from the 8th week before the event date, 90% for a withdrawal from the 4th week, 95% for a withdrawal from one week and 100% for a withdrawal from one day;
- for events with up to 149 persons and in the event of withdrawal from the 16th week before the event date 67%, in the event of withdrawal from the 8th week 90%, in the event of withdrawal from the 4th week 95% and from one day 100%; 
- for events with 150 persons or more and in the event of withdrawal from the 24th week before the event date 67%, in the event of withdrawal from the 16th week 90%, in the event of withdrawal from the 8th week 95% and from one day 100%;
of the daily flat rate x agreed number of participants. In the case of events lasting several days, the first day of the event shall be decisive for the calculation of the deadline. The customer is at liberty to prove that the claim did not arise or did not arise in the amount claimed. The hotel is at liberty to prove that a higher claim has arisen.

5 WITHDRAWAL BY THE HOTEL

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

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

5.3 Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if
- force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
- events or rooms are culpably booked with misleading or false information or concealment of material facts; material facts may include the identity of the customer, solvency or the purpose of the stay;
- the hotel has reasonable grounds to believe that the event may jeopardize the smooth operation, security or public reputation 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 clause 1.2.

5.4 The justified withdrawal of the hotel does not entitle the customer to claim damages. Should the hotel have a claim for damages against the customer in the event of a withdrawal in accordance with the above Sections 5.2 or 5.3, the hotel may charge a lump sum. Clauses 4.3 and 4.4 apply accordingly in this case.

6 CHANGES TO THE NUMBER OF PARTICIPANTS AND THE EVENT TIME

6.1 An increase in the number of participants by more than 5% must be notified to the hotel no later than five working days before the start of the event; it requires the hotel's consent, which shall be given in text form. Invoicing shall 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.

6.2 A reduction in the number of participants by more than 5% should be communicated to the hotel in good time, at the latest five working days before the start of the event. Billing shall be based on the actual number of participants, but at least 95% of the ultimately agreed number of participants. Clause 6.1 sentence 3 applies accordingly.

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

6.4 If the agreed start or end times of the event are postponed and the hotel agrees to these deviations, the hotel may charge a reasonable fee for the additional readiness to perform, unless the hotel is at fault.

7 BRINGING IN FOOD AND BEVERAGES

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

8 TECHNICAL FACILITIES, CONNECTIONS AND OTHER EQUIPMENT

8.1 Insofar as the hotel procures technical facilities, connections and/or other equipment from third parties for the customer at the customer's request, it acts in the name of, on behalf of and for the account of the customer. The customer shall be liable for the careful handling and proper return of the equipment. The customer shall indemnify the hotel against all third-party claims arising from the provision of such equipment.

8.2 The use of the customer's own electrical equipment using the hotel's electricity network 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 record and charge a flat rate for the electricity costs arising from the use of such equipment.

8.3 With the hotel's consent, the customer is entitled to use his 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 his own expense. He is responsible for compliance with public-law requirements and other regulations.

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

8.6 Faults in technical or other equipment 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 faults.

9 LOSS OF OR DAMAGE TO ITEMS BROUGHT ONTO THE PREMISES

9.1 Any exhibition or other items, including personal items, brought into the event rooms or the hotel are at the customer's risk. The hotel accepts no liability for loss, destruction or damage, including for financial losses, except in cases of gross negligence or intent on the part of the hotel. Excluded from this are damages resulting from injury to life, limb or health. In addition, all cases in which the safekeeping represents 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 protection requirements and official regulations. The hotel is entitled to demand official proof of this. If such proof is not provided, the hotel shall be entitled to remove any material already brought in at the customer's expense. Due to possible damage, the installation and attachment of objects must be agreed with the hotel in advance.

9.3 Any exhibits or other items brought into the hotel must be removed immediately after the end of the event. If the customer fails to do so, the hotel may remove and store the items at the customer's expense. If the items remain in the event room, the hotel may charge a reasonable compensation for use for the duration of the withholding of the room.

10 LIABILITY OF THE CUSTOMER FOR DAMAGES

10.1 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.

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

11 FINAL PROVISIONS

11.1 Amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions should be made in text form. 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 is Fulda. However, the hotel may also choose to sue the customer at the customer's place of business. The same applies to customers who do not fall under sentence 1 if they do not have their registered office or place of residence in an EU member state.

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

11.4 In accordance with the 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.

Status: 5 February 2024