GENERAL TERMS AND CONDITIONS OF BUSINESS FOR THE HOTEL RESTAURANT POST GmbH
Article 1: Scope
1. These General Terms & Conditions of Business (GTC) apply to all services provided by Hotel Restaurant Post GmbH and/or its respective foreign subsidiaries (hereinafter referred to as “Hotel Post”) to guests, event organisers and other contract partners (hereinafter referred to as the “contract partner”). These services consist, in particular, of allowing the use against payment of hotel bedrooms and other rooms for e.g. seminars, meetings, presentations, conferences, banquets and other events, the sale of food and beverages (F&B), and other programmes, the provision of special health promotion measures and comparable special offerings, as well as all further supplies and services of Hotel Post associated therewith. Hotel Post is entitled to have its services performed by third parties.
2. These GTC apply to all forms of contract, such as hotel accommodation, package tour, quota or event contracts concluded with Hote Post. The GTC shall also apply to all future business with the contract partner.
3. The GTC of the contract partner shall not apply even where Hotel Post fails to expressly reject these. Counterconfirmations of the contract partner making reference to ist GTC are hereby rejected.
Article 2: Conclusion of contract
1. In principle, the relevant contract comes into existence following a written request by the contract partner and on acceptance by Hotel Post.
2. Where the contract partner concludes a so-called quota contract, the contract partner shall be liable for all damage culpably caused by the end user.
3. Sub- or further letting, or the unpaid use by thirdparties of the rooms provided, as well as uses for purposes other than accommodation, shall only be permitted if Hotel Post has given its express permission. On request, Hotel Post may, at its discretion, grant an exception in writing.
Article 3: Use, handover of rooms, check-out
1. Rooms are made available exclusively for the purposes of accommodation.
2. The contract partner shall be liable to Hotel Post for all damage caused by it or by third parties who have received services by Hotel Post on its instigation.
3. The contract partner shall have no right to use of particular rooms. If rooms should not be available in the hotel, Hotel Post shall inform the contract partner of this immediately and offer the contract party substitute rooms of equivalent value in a nearby hotel of the same category. If the contract partner declines this offer, Hotel Post must immediately refund payments made by the contract partner.
4. Booked rooms shall be available to the contract
partner from 16:00 on the day of arrival. If no agreement to the contrary is reached, Hotel Post shall be entitled to let booked rooms to other parties from 18:00 without the contract partner being able to derive any rights or claims thereby.
5. Rooms must be vacated by no later than 11:00 on
the day of departure. After this, in addition to any losses incurred as a result of the room not being vacated, Hotel Post may charge the full price for use after 16:00.
Article 4: Events
1. To facilitate due preparation by Hotel Post, the contract partner must notify Hotel Post of the final number of participants no late than three days prior to the beginning of the event. Insofar as the contract partner thereby notifies a higher number of participants than agreed, such higher number of participants shall only be included in the contract if Hotel Post agrees to this in writing. If Hotel Post does not agree in writing, the contract partner shall not be entitled to conduct the event with a higher number of participants. If Hotel Post does agree, the charges shall be based on the new agreement (where applicable with additional expenses). The contract partner shall have no right to consent by Hotel Post. The charges shall be based on the contractual agreements irrespective of the number of participants
notified to Hotel Post. Should fewer participants actually attend the event, this shall be irrelevant in respect of the charges.
2. Where the agreed time of commencement of an event is moved, Hotel Post shall be entitled to invoice the contract partner for all additional costs thereby incurred.
3. Reserved rooms shall be available to the contract partner only within the period of time agreed in writing; use beyond those times requires the written permission of Hotel Post which will in principle only be granted on payment of additional charges. Hotel Post reserves the right to make room changes insofar as these are reasonable for the contract partner taking Hotel Posts interests into consideration.
4. For events which go on beyond midnight, Hotel Post shall be entitled to invoice € 50.00 plus VAT per service employee booked for each hour or part thereof. The contract partner shall be liable to Hotel Post for additional services provided to the participants in the event or to third parties in connection with the event.
5. If nothing to the contrary is expressly agreed in writing, the contract partner shall obtain all official permits at its own expense. The contract partner is responsible for complying with all relevant requirements of (administrative) law. The contract partner shall pay any levies payable to third parties for the event, such as GEMA fees, entertainment tax etc, directly to the creditor concerned without delay.
6. The contract partner shall be liable for the conduct of its employees, the participants at the event and also for any other auxiliary staff in the same way as for its own conduct. The hotel may demand provision of appropriate security from the contract partner (e.g. insurance, deposits, guarantees).
7. To prevent damage, the affixing and installation of decorative material or other items must be agreed with Hotel Post in advance. Exhibits and other objects brought in must be removed at the end of the event. Should the contract partner fail to comply with this provision, Hotel Post shall be entitled to have them removed and stored at the contract partner’s expense. The contract partner shall dispose of all transport packaging, outer packaging and all other packaging materials at its own expense. Should the contract partner leave packaging behind after the end of the event, this may be disposed of at the contract partner’s expense. All items such as decorative material brought in in connection with the event must meet all relevant statutory requirements.
8. Hotel Post is not insured for items brought in. Arranging the requisite insurance is exclusively a matter for the contract partner.
9. Wherever Hotel Post is able to do so, faults or defects on equipment provided by Hotel Post will be repaired. The contract partner cannot derive any rights in this respect.
10. Where the contract partner brings in its own electrical equipment, the hotel management must give its permission before such equipment is connected to the electricity network. The power consumed will be invoiced at the currently valid electricity prices as charged to Hotel Post by the power supplier. Hotel Post shall be free to charge a flat rate fee at its discretion. Any faults or defects in Hotel Post technical equipment caused by such connection shall be for the account of the contract partner.
11. Where Hotel Post procures technical or other equipment for the contract partner from third parties, Hotel Post acts in the name of and for the account of the contract partner. The latter shall be liable for the careful handling and orderly return of such equipment
and shall indemnify Hotel Post against all claims by third parties on first written demand. Hotel Post shall not be liable for failure to procure the equipment on time or for any defects in the equipment procured.
12. In principle, the contract partner may not bring food and beverages to events. Written agreement may be reached in special cases (e.g. national specialities etc.); in such cases, an overhead charge will be billed with deduction of the proportional cost of the goods.
13. Newspaper advertisements containing invitations to job interviews and/or sales events in principle require prior written permission from Hotel Post. Should publication take place without permission, Hotel Post shall have the right to cancel the event.
14. Any form of advertising, information or invitations which create a link to the hotel, especially by use of the hotel’s name, require the prior written consent of the hotel.
Article 5: Provision of services, prices, payments, offsetting and assignment
1. The prices for the relevant services are based on the Hotel Post price list applicable at the time the service is provided. All prices are quoted inclusive of value added tax at the statutory rate in force at the time. Increases in value added tax shall be borne by the contract partner. If the period between conclusion of contract and initial provision of services exceeds 120 days, Hotel Post shall be entitled to increase prices by a maximum of 15%. Subsequent alterations to services may lead to changes in prices. Hotel Post is entitled to request an advance payment or provision of security from the contract partner on conclusion of contract of up to 100% of the total amount due by the contract partner. The amount of the advance payment and payment dates may be specified in the contract.
2. Where the contract partner has booked within a period in which a trade fair, major event or the like is taking place and the timing of such event is changed after conclusion of contract for reasons beyond Hotel Post control, the contract shall apply to the new period of time if Hotel Post is able to provide the agreed services at that time. Hotel Post shall inform its contract partner within a reasonable period as to whether it can meet its obligations. If the service cannot be provided, especially in the event that the rooms booked are already let to third parties for the new time period, the parties may withdraw from the contract without giving reasons. Assertion of claims against the respective other party is excluded. This shall not apply in respect of payments already made; these shall be refunded or credited.
3. Amounts due to Hotel Post are payable without deduction immediately upon receipt of the relevant invoice. An invoice shall be deemed to have been received by the invoice recipient at the latest 3 days after being sent, except where earlier delivery can be
proved. The statutory provisions apply in the case of payment arrears.
4. The preparation of a consolidated invoice shall not release the contract partner from the duty to pay individual invoices on time. In the event of default in payment, even of only one individual invoice, Hotel Post shall be entitled to withhold all further and future services, and to make provision of services contingent upon a deposit of up to 100% of the payment still outstanding.
5. A collection fee of € 5.00 shall be payable for each
reminder issued. In principle, invoices are payable immediately in cash or by credit card. Hotel Post is entitled to refuse cheques, credit cards and foreign currency. Vouchers from tour operators will only be accepted if a credit agreement exists with the company concerned or if corresponding advance payments have been made. Reimbursement for services not used is excluded.
6. The contract partner may only offset against amounts due to Hotel Post if the relevant claim is undisputed or has been finally determined by the courts. The same applies correspondingly to any exercise of rights of retention on account of the contract partner’s own claims. Claims and other rights may only be assigned with the written permission of Hotel Post.
Article 6: Cancellation
1. Reservations by the contract partner are binding on both parties to the contract. In the event of a cancellation by the contract partner it must pay the following cancellation charges:
a) no cancellation charge if written cancellation is received by Hotel Post within 45 days of the date of commencement of the service period
b) a cancellation charge amounting to 50% of the value of the services ordered if Hotel Post receives written cancellation within 10 days of the date of commencement of the service period
c) a cancellation charge amounting to 80% of the value of the services ordered if Hotel Post receives written cancellation after these 10 days.
2. The contract partner is entitled to provide proof that
no loss was incurred by Hotel Post or that the loss incurred was less.
3. Insofar as Hotel Post can provide the cancelled service to third parties within the agreed period, the cancellation charge payable by the contract partner shall be reduced by the amount that such third parties pay for the cancelled service, but up to a maximum of the total cancellation charge due.
Article 7: Withdrawal / cancellation by Hotel Post
1. By law, Hotel Post is entitled to withdraw from the contract (section 323 German Civil Code) or to terminate the contract (section 314 German Civil Code) if
a) the contract partner fails to meet an obligation
b) fulfilment of the contract is impossible due to force majeure, strike or other circumstances for which Hotel Post is not responsible
c) the contract partner gives misleading or false information on material data
d) the contract partner uses the name of Hotel Post in
advertising materials without prior written permission e) the rooms which are the subject of the contract are sublet in part or in full without Hotel Post written permission
f) Hotel Post has justified reasons to believe that use of the hotel’s services may jeopardise the smooth running of its business operations, safety, security or Lindner’s public reputation.
2. Hotel Post shall notify the contract partner in writing that it is exercising its right of cancellation/termination without delay, but at the latest within 14 days of learning of the reason for such cancellation/termination. Rescission of the contract by Hotel Post shall not be grounds for claims by the contract partner to damages or other compensation. Any right of Hotel Post to reparation of any loss incurred by it and of the expenditure made by it remains unaffected in the event of justified cancellation of contract.
Article 8: Hotel Post liability, items brought in, period of limitation
1. In principle Hotel Post shall be liable in respect of all statutory and contractual claims only in the case of intentional conduct or gross negligence.
2. By way of exception, Hotel Post shall be liable in respect of ordinary negligence in the event of loss or
damage
a) due to the breach of essential contractual duties. In such cases, liability is limited to foreseeable losses typical for that type of contract
b) due to death, personal injury or injury to health.
3. Any liability on the part of Hotel Post for consequential damages or indirect damages is excluded.
4. Disclaimers and limitations of liability apply correspondingly to all companies engaged by Hotel Post in fulfillment of its contractual duties, as well as their subcontractors and agents employed in the performance of an obligation for which they are vicariously liable. Such disclaimers and limitations of liability shall not apply if Hotel Post has given a guarantee in respect of the properties of any item or of work or in the event of defects concealed with the intent to deceive.
5. The contract partner is obliged to notify Hotel Post of obvious defects without delay, at the latest prior to its departure from the hotel.
6. The statutory provisions contained in sections 701 et seq. German Civil Code are applicable in relation to items brought in by the contract partner.
7. If the Guest is – even against payment – provided with a parking space in the garage or the car-park of the Hotel, this shall not constitute the conclusion of a contract of bailment deposit. The Hotel shall not have any surveillance obligations for the vehicles. If vehicles or the contents of vehicles parked or otherwise situated on the Hotel premises are lost or damaged, the Hotel shall be not liable unless the Hotel, its legal representatives or its vicarious agents have caused such damage by wilful intent or gross negligence. In this case, the damage must be claimed vis-à-vis the Hotel on departure from the Hotel at the latest.
8. Wake-up services shall be performed by the Hotel with the greatest care. Claims for damages shall be excluded except in cases of gross negligence or wilful intent.
9. Items left behind by the contract partner/guest shall
only be forwarded at the request, risk and expense of the contract partner. Hotel Post shall store such items for 12 months and charge a reasonable fee for doing so. Insofar as the items have a recognisable value, items will then be turned over to the local lost property office.
10. All claims by the contract partner against Hotel Post arising out of or in connection with the contract become time barred after the expiry of one year, beginning with the end of the year in which the claim arose and the contract partner learned of the circumstances forming grounds for the claim or, without gross negligence, ought to have
learned of such grounds.
Article 9: Addition provisions for package tour contracts
1. Where, along with providing subsistence and accommodation, the contract provides for Hotel Post to organise a leisure time programme as a chargeable service, this shall represent a so-called package tour contract.
2. The contract partner may not assert any claims due to changes to, variations in or curtailments of individual services within the scope of a package tour contract which become necessary subsequent to conclusion of contract if such changes, variations or curtailments are merely insignificant.
3. If the contract partner fails to use agreed services despite these having been made available, no reduction in or refund of the full charge is possible.
4. Hotel Post shall not be liable for loss or damage suffered by the contract partner through use of a special service provided by a third party; the contract partner will be referred to its rights to enforce its claims against the relevant party who arranged the special service in this respect.
Article 10: Place of performance and payment, place of jurisdiction, side agreements, partial invalidity
1. Place of performance and payment for both parties is the place of business of the relevant Hotel Post operation.
2. German law shall be applicable. The appliance of the UN sales law and the conflict law is excluded.
3. Place of jurisdiction is Aschaffenburg.
4. Should any provisions of contract, including these General Terms and Conditions of Business, be ineffective, this shall not affect the effectiveness of the remaining provisions. The parties shall replace such ineffective provisions forthwith by an effective provision that approaches as closely as possible the purpose sought and its financial significance. The same applies if the contract should contain comissions.
Aschaffenburg, August 2007
STANDARD TERMS AND CONDITIONS FOR EVENTS
§ 1 Scope
1. These Standard Terms and Conditions shall apply to the use of the Hotel´s banqueting and event rooms for the staging of events and any other associated supplies and services provided by the Hotel. Room reservations shall be subject to separate Terms and Conditions.
2. Terms and Conditions of the Organiser shall apply only if expressly agreed in writing.
§ 2 Conclusion of Contract, Contracting Parties, Subletting
1. The Contract shall be brought about only by the acceptance (confirmation) of the reservation inquiry of the Organiser declared in writing by the Hotel, these are the Contracting Parties.
2. Should the Contractor not be the Organiser or should the Organiser engage the services of an industrial intermediary or organiser, these shall be liable jointly and severally together with the Organiser for all contractual obligations.
3. Subletting of rooms, showcases or areas shall be subject to prior approval by the Hotel.
§ 3 Number of Guests; Date of Event; Premises
1. The Organiser undertakes to inform the Hotel of the final number of guests not later than 3 working days prior to the date of the event in order to ensure due and proper preparations by the Hotel. If, when doing so, he gives a higher number of guests than agreed, this increase in the number of guests shall become part of the Contract only if the Hotel agrees in writing (cf. below, ³ 3 Secton3). Otherwise, the Organiser shall not be entitled to stage the event with an increased number of guests. The aforesaid number of guests to be notified for the sole purpose of a due and proper preparation for the event shall be of no significance for the final account. Irrespective of such a notification of the number of guests, the final account shall be based exclusively on the contractual arrangements of the parties as well as on the following provisions.
2. An actually smaller number of guests than that agreed by contract shall not be considered and shall be charged to the Organiser.
3. Provided the Hotel has consented in writing to a staging of the event with an increased number of guests, compared with the number of guests according to the previous agreement, although the Organiser shall not have any claim to this consent, the number of guests agreed now shall alone prevail for the final account even if the number of guests upon the staging of the event is actually smaller. The additional expenses incurred due to an increased number of guests in case the Hotel should agree to staging of the event shall - irrespective of the subsequent actual number of guests – be paid for separately, i.e. even if the agreement by the Hotel has been given without specific reference to this.
4. Should the agreed starting time of an event be changed without prior written agreement of this change, the hotel shall be entitled to charge Organiser any service fee incurred for making its facilities available. Reserved rooms shall be available to the Organiser only within the period agreed in writing; any use beyond this shall require the consent by the Hotel and will always be granted only against payment of an additional fee.
5. Room reservations may be subject to changes by the Hotel, as long as they are reasonable for the Organiser, allowing for the interests of the Hotel.
§ 4 Rates/Payments
1. Rates shall be inclusive of VAT as applicable. Increases in VAT, if any, shall be charged to the Organiser. Should the period between the signature of the contract and the event exceed 120 days, the Hotel reserves the right vary its rates up to a maximum of 15 %.
2. For any event continuing past 11 p.m., the Hotel shall be entitled to charge EURO 50.00 net per member of staff employed for the event per hour or fraction thereof.
3. Hotel invoices shall be payable strictly net within a period of 10 days from the date of invoice. For delays in payment the Hotel shall be entitled to charge interest of 1 % per month or a fraction thereof. Poof of a higher loss shall be reserved.
4. The Organiser shall be liable to the Hotel for payment by the guests of any and all services and expenses additionally ordered or incurred by the guests to an event or connected with an event for third parties.
5. The Hotel shall be entitled to demand reasonable advance payments at all times. The amount of the advance payments and the times of payment can be agreed in writing in the Contract.
§ 5 Rescission by the Hotel
1. If the demanded/agreed advance payments are not made in the demanded/agreed amount or at the demanded/agreed date for receipt of payment, the Hotel shall at all times have the right to rescind from this Contract, subject to written confirmation. If the Hotel does not confirm rescission of the Contract in such a case, it must nevertheless allow deduction of the value of the expenses saved as well as the benefits derived from a different utilization of the rented facilities.
2. Within the meaning of an exemplary, non-concluding enumeration, the Hotel shall furthermore have the right to rescind from the Contract if Acts of God or other circumstances beyond the Hotel´s control make it impossible or unreasonable to perform the contract, if events are booked stating misleading or false material facts, e. b. regarding the Organiser or the purpose of the event, if the Hotel has reasonable cause to assume that the event can jeopardize the smooth operation, the safety or the reputation of the Hotel, or if the rented facilities are sublet in whole or in parts without the prior written consent of the hotel.
3. In the case of justified rescission by the Hotel, a damage claim by the Organiser/Contractor shall be excluded.
§ 6 Rescission of the Contractor/Organiser
The Contractor/Organiser may rescind from this Contract
within a period of up to 45 days prior to the start of an event, subject to written notification, without incurring any charges. Cancellation after this date shall result in a charge of 80 % of guaranteed sales. Should no guaranteed sales figures have been agreed, 80 % of anticipated food and beverage sales shall be invoiced, based on the contractually agreed number of guests and the scope of any services to be provided. Contractually agreed costs for the provision of any rooms reserved shall be charged strictly net. Should reservations be made less than 45 days prior to the commencement of an event, the above conditions for cancellation shall apply from the signature of the Contract.
§ 7 Official approvals and licenses/Dues
The Organiser shall obtain at his expense any required official approvals and licenses, unless otherwise expressly agreed in writing. The Organiser agrees to comply with applicable public and legal regulations. If request by the Hotel, corresponding proof has to be furnished. Any fees payable to third parties, such as for musical performance and mechanical reproduction rights (such as GEMA), entertainment tax and the like, shall be paid directly to the Creditor by the Organiser. The Organiser shall exempt the Hotel from such claims at the first written request.
§ 8 Losses/Damage/Waste disposal fees/Special facilities
1. The Organiser undertakes to cover the costs of any loss or damage caused by his employees, other labour or guests to an event and any loss or damage caused by himself. The Hotel may request the Organiser to furnish reasonable securities (e.g. insurances, bails, guarantees).
2. In order to avoid damage to walls by affixing decorations or any other objects, prior agreement with the hotel shall be sought.
3. Exhibition and other third-party property brought to an event shall be removed at the end of the event. Should the Organiser fail to comply with this provision, the Hotel shall be entitled to remove and store such items at the organiser´s expense. Any other arrangements shall be subject to prior consent of the hotel´s management.
4. Even in case of simple negligence, the Hotel cannot be held liable for any damage or loss of items brought in from outside. Proper insurance cover for the said items, e.g. exhibits, seminar and conference equipment, shall be the Contractor´s/Organiser´s sole responsibility.
5. Packaging for transport, wrapping material and any other packaging material shall be disposed of by the Contractor at his expense. Disposal may be effected for a fee (min. EURO 30.00, net). Should the Contractor leave packaging material behind after an event, any objects, such as decorations and the like, brought to an event must comply with all official regulations.
6. Malfunctions or defects in any facilities provied by the Hotel shall be eliminated by the Hotel wherever possible. These do not, however, entitle the Contractor/Organiser in any way whatsoever to any reduction/retention and/or offsetting of any rent payable. Should the Hotel fully fail to make the rented facilities available or should these not be provided at the agreed time, claims for damages against the hotel in the case of simple negligence shall be excluded. Liability, if any, shall be limited to the level of the agreed rent.
7. Should the Organiser envisage using his own electrical equipment, connection to the Hotel´s system shall be subject to approval by the Hotel´s management. Fower consumption shall be charged to Contractor/Organiser subject to applicable supply and service rates, as charged by the public utility company. The Hotel shall be entitled to compute and charge power consumption on a flat-rate basis. Any interference with or defects in the Hotel´s mechanical equipment caused as a result of connecting the Contractor´s/Organiser´s equipment, shall be charged to the Organiser.
8. Should the Hotel procure mechanical or other equipment from third parties on the Organiser´s behalf, it shall do so on behalf and for the account of the Organiser. The Organiser shall be liable for the careful treatment and due and proper return of such equipment and shall keep the Hotel indemnified against any third-party claims in this respect at the first written request. The Hotel cannot be held liable for late procurement or defectiveness of the equipment procured.
§ 9 Bringing food or beverages to event
As a general policy, the Organiser shall not bring any food or beverages to events. In special cases (national specialities etc.) a written agreement may be made. In any such cases, an overhead fee shall be charged, less any pro rate charge for goods provided.
§ 10 Publications
In principle, advertisements in the press, comprising invitations to job interviews or sales events shall be subject to prior written approval by the Hotel. Should any publication be effected without such consent, the Hotel shall have the right to rescind from the Contract.
§ 11 Advertising
Any type of advertising, information and invitations including any reference to the Hotel, in particular the use of the Hotel´s name, shall be subject to prior written approval by the Hotel.
§ 12 Concluding provisions
1. Alteratons and amendments of this Contract, including these provisions, must be made in writing, unless another requirement of form is prescribed. This shall also apply to the waiver of the requirement of form.
2. The place of performance shall be Aschaffenburg.
3. German law shall apply .
4. The jurisdiction in commercial intercourse shall be Aschaffenburg. This agreement on jurisdiction shall apply correspondingly, provided one Contractual Party does not have a general jurisdiction within the country.
5. Should any provision of this Contract be ineffective or unenforceable in whole or in parts, this shall not affect the effectiveness and enforceability of the remaining provisions contained therein. The ineffective or unenforceable provision shall be considered to be replaced by that effective and/or enforceable provision which is as close as possible to the economic purpose pursued by the parties with the ineffective or unenforceable provision.
Aschaffenburg, August 2007
