Conclusion of contract; parties; liability; limititation period
1. The contract is made when the hotel accepts the customer’s application. At its own discretion, the hotel may confirm the room reservation in writing.
2. The parties to the contract are the hotel and the customer. If a third party placed the order, then that party shall be liable vis-à-vis the hotel for all obligations arising from the hotel accommodation contract as joint and several debtor with the customer, insofar as the hotel has a corresponding statement by the third party.
3. The hotel shall be liable for its obligations undertaken in the contract. In non typical performance areas, is liability is limited to cases of intent and gross negligence.
4. Any claims against the hotel for circumstances which become known to the parties become time-barred one year from the beginning of the standard statutory period of limitation prescribed by § 199 I BGB Federal Civil Code). Regardless of whether the circumstances become known to the parties or not all claims become time-barred after five years. These restrictions on the period of limitation do not apply to claims which are based on a deliberate action or grossly negligent breach of obligations on the part of the hotel.
Performances, rates, payment, set-off
1. The hotel is obligated to keep the rooms reserved by the customer available and to render the agreed performances.
2. The customer is obligated to pay the applicable or agreed hotel rates for rooms provided and for other services used. This also applies to the hotels services and outlays to third parties caused by the customer.
3. The agreed rates include applicable value-added tax as required by law. If the period between conclusion and fulfillment of contract exceeds four months, and if the rate generally charged by hotel for such services increases, then the hotel may raise the contractually agreed rate to a reasonable extent, but not by more than ten percent.
4. Moreover, the hotel may change rates if the customer later wishes to make changes in the number of reserved rooms, the hotels services, or the lengths of guests stay, and the hotel consents to such changes.
5. Hotel bills not showing a due date are payable in full within ten days of receipt. At any time, the hotel is entitled to call in accrued amounts owed and require immediate payment. In case of delayed payment, the hotel is entitled to charge a reminder fee of EUR 2.00 plus 8 per cent interest over the current discount rate in accordance with § 288. The customer and hotel reserve the right to show evidence of lower or higher damages, respectively.
6. The hotel is entitled to require a reasonable advance payment or security deposit upon conclusion of contract or thereafter, observing the legal provisions for package tours. The amount of the advance payment and payment dates may be agreed in writing in the contract.
7. The customer may set off or reduce a claim by the hotel only against an undisputed claim or one that has been adjudicated finally and absolutely.
Rescission by customer (cancellation)
1. Rescission by the customer of the contract concluded with the hotel requires the hotels written consent. If it is not given, then the rate agreed in the contract must be paid even if the customer does not avail himself of contractual services. This does not apply in cases of delayed performance for which the hotel is at fault.
2. To the extent the hotel and customer agreed in writing upon a date for rescinding the contract, the customer may rescind the contract up to that date without incurring payment or damage compensation claims by the hotel. The customers right of rescission expires if he does not exercise his rescission right in writing vis-à-vis the hotel by the agreed date, to the extent there is no delay in performance by the hotel or impossibility of performance for which the hotel is at fault.
3. If rooms are not used by the customer, the hotel must apply credit for the income from renting the rooms to other parties and also for saved expenses.
4. At its discretion, the hotel may require flat-rate compensation from the customer for damages incurred. The customer is then obligated to pay 95 per cent of the contractually agreed rate for lodging with or without breakfast, 70 percent for room and half-board, and 60 percent for room and full-board arrangements. The customer is at liberty to show that no damages were incurred or that the damages incurred by the hotel were lower than the flat-rate amount charged.
Rescission by the hotel
1. To the extent a right of rescission within a certain period was agreed in writing for the customer, the hotel is entitled for its part to rescind the contract during that period if there are inquiries from other customers regarding the contractually reserved rooms and the customer does not waive his right of rescission when asked by the hotel.
2. If an agreed advance payment is not made even after a reasonable grace period set by the hotel with warning of rejecting has expired, then the hotel is likewise entitled to rescind the contract.
3. Moreover, the hotel is entitled to effect extraordinary rescission of the contract for materially justifiable cause, for example if
4. The hotel must notify the customer without delay that it is exercising is right of rescission.
5. The customer can derive no right to compensation from justified rescission by the hotel.
Room availability, delivery and return
1. The customer does not acquire the right to be provided specific rooms.
2. Reserved rooms are available to the customer starting at 3:00 p.m. on the agreed arrival date. The customer does not have the right to earlier availability.
3. Rooms must be vacated and made available to the hotel no later than 12:00 noon on the agreed departure date. After that time, the hotel may charge 50 percent of the full accommodation rate (list price) in addition to damages so incurred for the additional use of the room until 6:00 p.m. (after 6:00 p.m.:100 percent). The customer is at liberty to show the hotel that it incurred no or much lesser damages.
Liability of the hotel
1. The hotel assumes liability for the due care and diligence of a prudent merchant. However, its liability for is limited in non-typical service areas to performance defects, damage, consequential damage, and discruptions resulting from intent or gross negligence on the part of the hotel. Should discruptions or defects occur in the hotels services, the hotel will endeavor to provide relief when it becomes aware of this or upon the customers immediate notification of the defect. The customer undertakes to contribute reasonable assistance in remedying the disruption and minimizing any possible damage.
2. The hotel’s liability for loss, destruction or damage of guest property brought onto the premises shall be limited under section 702 of the German Civil Code of Law (BGB) to 100 times the price of accommodation for one day, but not exceeding EUR 3,500.00. For cash, securities or valuable items liability shall be limited to a maximum of EUR 800.00. In any event, valuables are to be stored in the in-room safe.
3. Unlimited liability of the hotel is governed by the statutory provisions.
4. Insofar as a parking space is provided to the customer in the hotel garage or a hotel parking lot, this does not constitute a safekeeping agreement, even if a fee is exchanged. The hotel assumes no liability for loss of or damage to motor vehicles parked or manoeuvred on the hotels property, nor the contents thereof, excepting cases of intent or gross negligence. This also applies to those employed by the hotel.
5. Wake-up calls are carried out by the hotel with greatest possible diligence. Damage compensation claims are precluded hereby, excepting cases of gross negligence or intentional acts.
6. Messages, mail, and merchandise deliveries for guests are handled with care. The hotel will deliver, hold, and for a fee forward such items (on request). Damage compensation claims are precluded hereby, excepting cases of gross negligence or intentional acts.
1. Changes and amendments to the contracts, the acceptance of order, or these Terms and Conditions for Hotel accommodation should be made in writing. Unilateral changes and amendments by the customer are not valid.
2. Place of performance and payment is the location of the hotels registered office.
3. In the event of dispute, including disputes for checks and bills of exchange, the courts at the location of the hotels registered office have exclusive jurisdiction for commercial traffic. Insofar as a contracting party fulfils the requirements or the section 38, paragraph 1, of the German Code of Civil Procedure and does not have a general venue within the country, the courts at the location of the hotels registered office have jurisdiction.
4. The contract is governed by and shall be construed in accordance with the laws of the Federal Republic of Germany.
5. Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, the validity of the remaining provisions shall remain unaffected thereby. The statutory provisions shall also be applicable.
§ 1 Scope
1.1 The following General Terms and Conditions of Business apply to the temporary hiring-out of event, conference, and banquet rooms as well as business suites of hotels for the purpose of holding events of all kinds as e.g. conferences, banquets, seminars, meetings and other events as well as for all associated additional services and deliveries provided by the hotel.
1.2 The agreed-upon rent for rooms applies exclusively to the provision of premises. Technical devices as well as their energy requirements are not included therein.
1.3 Different provisions - even if they are included in the general terms and conditions of business of the contracting party - have no application unless they have been expressly acknowledged in writing by ARCOTEL Hotels.
1.4 Special agreements may only be entered into in writing. In such instances the General Terms and Conditions of Business have subsidiary application if nothing has been agreed upon to the contrary or the special agreements do not contradict the General Terms and Conditions of Business.
§ 2 Contract Conclusion
2.1 The contract is concluded upon customer's acceptance of the offer made by the hotel. The hotel may confirm the booking in written or electronic form.
If the customer enters into the contract on behalf of a third party, then it is not customer but rather the third party that is the contracting party of ARCOTEL Hotels. In particular, the customer, promptly and before contract conclusion, is to show its written authority for actually entering into the contract by sending and/or delivering it. Moreover, customer is to inform ARCOTEL Hotels of the name and address of the actual contracting party.
2.2 If it is evident that the contract is being concluded on behalf of a third party or that the third party has commissioned a commercial agent or organizer to conclude the contract then the customer, agent, or organizer is jointly and severally liable with the third party. Regardless thereof, the customer is obligated to forward all contractual information, especially the General Terms and Conditions of Business, to the third party.
2.3 The reletting or subletting of hired rooms, areas, and objects requires prior written consent of ARCOTEL Hotels. § 540 Paragraph 1 Sentence 2 of the German Civil Code (Bundesgesetzbuch = BGB) is waived if the customer is not a consumer.
§ 3 Services, Prices, Payment
3.1 ARCOTEL Hotels is obligated to render the agreed-upon services according to contract and as put forth in these General Terms and Conditions of Business.
3.2 The contracting party is obligated to promptly pay the agreed-upon price for the services. This also applies for the services rendered and expenses incurred by ARCOTEL Hotels in regard to third parties, if these expenses and services are set forth in the contract or have been approved by the contracting party.
In addition, the contracting party is liable to pay for all the food and drink ordered by the participants at the event, as well as for the costs it has incurred, in an undivided amount.
3.3 Invoices are promptly due upon receipt without deductions. For late payment the following interest on overdue accounts has been agreed upon:
a) for consumers the interest on overdue accounts is in the amount of 5 % above the corresponding prime lending rate
b) for businesses, the public sector, associations, or other institutions not covered under § 13 of the German Civil Code (Bundesgesetzbuch = BGB) interest on overdue accounts in accordance with § 288 Paragraph 2 of the German Civil Code is due in the amount of 8 % above the current prime lending rate.
ARCOTEL Hotels is entitled to bring a claim for damages in a greater amount.
For every reminder sent after delay in payment ARCOTEL Hotels is entitled to charge an arrears fee in the amount of EUR 10.00.
3.4 Should the invoicing details provided subsequently require correction (e.g. billing address and/or splitting of the bill) a processing fee of EUR 10.00 will be charged for each change in invoice.
3.5 ARCOTEL Hotels is entitled to request reasonable advance payments or security deposits. The amount of the corresponding advance payment and its due date will be agreed upon in writing in the contract. Moreover, ARCOTEL Hotels is entitled to issue an intermediate invoice due at any time for accumulated accounts receivable and to promptly request its payment.
3.6 The contracting party can only set off against or reduce a legally binding or uncontested and established claim against a claim of ARCOTEL Hotels.
§ 4 Cancellation and Rescission by the Contracting Party
4.1 The hotel can grant the contracting party a right of rescission exercisable at any time. The agreement of the hotel to rescission is to be in written or electronic form. In such a case ARCOTEL Hotels has a claim to reasonable compensation for damages. The conditions for cancellation are a part of the contract agreed upon in writing between the contracting party and ARCOTEL Hotels.
4.2 The contracting party is to give notice of its contract rescission in writing. The receipt of the cancellation must be confirmed in writing by ARCOTEL Hotels.
4.3 If agreement is not reached, then the contractually agreed-upon compensation for the services of the hotel as well as those services commissioned from third parties are also payable if the Customer does not make use of the contractual services and the facilities can no longer otherwise be rented out.
§ 5 Rescission on the Part of the Hotel
5.1 If the contracting party is granted the right of rescission free of charge then ARCOTEL Hotels is also entitled to rescind the contract during the established time period, if inquiries from other guests regarding use of the event rooms have been made and the contracting party has not, after further inquiry from ARCOTEL Hotels, promptly made final confirmation of its booking.
5.2 If agreed-upon advance payment or security deposit is not made within the established time period, then ARCOTEL Hotels is entitled to rescind the contract.
5.3 Moreover, ARCOTEL Hotels is entitled to rescind the contract for good cause, especially as soon as
• force majeure or other circumstances for which the hotel is not responsible prevent the fulfilment of the contract
• events are booked based on perjured or misleading information, e.g. the organizer or the purpose
• ARCOTEL Hotels has a well-founded reason to assume that the event is a well-run business operation that can endanger the security of ARCOTEL Hotels or its reputation in the public eye, but is not to be attributed to the hotel's domain of authority
• ARCOTEL Hotels reserves the right to refuse to host an event at any time for political reasons or if the event is in conflict with our values; this also applies to events that have already been booked and/or pre-paid.
• an unauthorized subletting or reletting takes place
• ARCOTEL Hotels obtains knowledge that the financial circumstances of the contracting party have seriously deteriorated since conclusion of the contract, especially if the contracting party does not settle outstanding claims of ARCOTEL Hotels or does not offer a sufficient security deposit and for this reason ARCOTEL Hotels payment claims appear to be endangered
• The contracting party has applied for the opening of insolvency proceedings in regard to its assets, has made a statutory declaration in accordance with § 807 of the Code of Civil Procedure (Zivilprozessordnung = ZPO), has initiated an extrajudicial debt settlement process or has stopped payment.
• An insolvency proceeding regarding the assets of the contracting party has been opened or was not opened due to lack of assets or other reasons.
5.4 ARCOTEL Hotels is to promptly inform the contracting party upon exercise of its right of rescission.
5.5 In all of the instances listed above the contracting party does not have a claim to damages.
§ 6 Provision of a Substitute Event Room
6.1 ARCOTEL Hotels can make an adequate substitute event room (of the same quality) available to the contracting party if this is reasonable for the contracting parties, especially when the differences are minor and the substitution is justified based on factual grounds.
6.2 A factual justification exists, e.g., if the room/rooms has/have become unusable, events that are already under way have been prolonged, there has been overbooking, or another important operational measure gives cause for this measure.
6.3 Under these circumstances the provision of a substitute event room does not give rise to any claims by the contracting party.
§ 7 Change of the Time of the Event and the Number of Participants
7.1 If, without the prior written consent of ARCOTEL Hotels, the agreed-upon beginning and/or end times of the event are shifted, then ARCOTEL Hotels is entitled to charge for the costs of providing for personnel and equipment except for when the hotel is responsible for the shift.
7.2 For events that last longer than 24 hours, ARCOTEL Hotels can bill out personnel expenses on the basis of itemized invoices from this time on. Moreover, ARCOTEL Hotels can provide itemized invoices for travel expenses of employees if they must arrange transportation home after the closing time for public transportation.
7.3 The contracting party is obligated to inform ARCOTEL Hotels upon making reservations of the likely number of participants. The final number of participants must be provided to ARCOTEL Hotels in writing at least four days before the date of the event.
7.4 Should the number of participants increase then the actual number of participants will be included in the bill.
7.5 If the number of participants is reduced then the cancellation conditions in the written contract have application.
§ 8 Handling of the Event
8.1 Permission is required to bring food and drinks for consumption into the hotel. ARCOTEL Hotels reserves the right to invoice an equivalent amount for such food and drinks.
There is no liability for food and drinks brought into the hotel.
8.2 If ARCOTEL Hotels procures technical or other equipment from third parties at the request of the contracting party, then ARCOTEL Hotels does so on behalf of, on the authority of, and on the account of the contracting party. The contracting party is liable for careful use and proper return. ARCOTEL Hotels may not be made subject to any third-party claims arising out of the provision of this equipment.
8.3 Prior written consent on the part of ARCOTEL Hotels is required for the contracting party to use its own electrical systems and equipment in connection with the power supply system of the hotel.
Any disturbances in or damage to the technical facilities of ARCOTEL Hotels through the use of these systems and equipment is fully the responsibility of the contracting party. The organizer is to guarantee the operational safety of the equipment and to demonstrate it upon request.
ARCOTEL Hotels is entitled to determine and invoice using a flat rate based on the use of existing electrical costs.
8.4 The contracting party has the opportunity, after receiving consent from ARCOTEL Hotels, to use its own telephone, fax and data transfer equipment. In such a case ARCOTEL Hotels can charge a fee for access and connection.
8.5 ARCOTEL Hotels makes every effort to promptly eliminate problems associated with technical and other equipment it has provided. Payment by the contracting party may only be withheld or reduced if the hotel cannot eliminate the disturbance or procure a substitute within a reasonable period of time.
8.6 The contracting party is responsible for obtaining any necessary official authorizations for carrying
out the event at its own cost. In addition, the contracting party is responsible for complying with these
authorizations as well as all other public law provisions pertaining to the event.
8.7 The contracting party is responsible for promptly taking care of the necessary applications with the competent authorities (e.g. GEMA) if it is itself arranging musical performances and to present the approved forms to ARCOTEL Hotels one week before the event. The costs of official applications are to be borne by the contracting parties.
8.8 Approval by ARCOTEL Hotels is necessary for the contracting party to use the name and trademark of ARCOTEL Hotels in order to advertise events.
§ 9 Items Brought to the Event
9.1 The contracting party is obligated to inform the hotel for purposes of approval of any installation of decoration materials or other objects and to receive its consent. The event rooms are not to be damaged. The installation is to be undertaken by competent personnel. There must be compliance with all fire regulations in accordance with DIN (in any case B1, Q1).
9.2 Objects brought along for exhibition and other items that are brought into the event premises and/or into the hotel are done so at the risk of the contracting party. With the exception of the negligence or intentional acts on the part of the hotel, the hotel assumes no liability for loss, destruction, or damage. Exceptions to this exclusion of liability are damages resulting in death, bodily injury, or impairment of health.
9.3 All objects brought along are to be promptly removed at the end of the event. ARCOTEL Hotels is entitled to have objects left behind removed and disposed of at the cost of the contracting party. If removal would incur an unreasonably high expense then ARCOTEL Hotels has the option of leaving the objects in the event room and charging rent for the duration of their presence there. The contracting party reserves the right to present evidence of lower damages, the hotel of higher damages.
9.4 If packing material (boxing, plastic, cardboard) accumulates in connection with the event the contracting party is obligated to dispose of it before or after the event. Should the packing material be left behind in the hotel, ARCOTEL Hotels is entitled to dispose of it at the cost of the contracting party.
§ 10 Liability of the Contracting Party
10.1 The contracting party is liable for all damage to the building or inventory that is caused by participants in or visitors to the event, employees, other third parties associated with the contracting party, the contracting party itself or its statutory representative.
10.2 ARCOTEL Hotels is entitled to request the provision of security from the contracting party in order to safeguard itself from possible damages (e.g. suretyships, security deposits, various types of insurance) - and/or other kinds of security.
§ 11 Liability of ARCOTEL Hotels
11.1 No liability is assumed for valuables, cash, clothing left in the cloak room, musical instruments etc. that the participants or organizers bring with them.
11.2 ARCOTEL Hotels is liable in accordance with statutory provisions for all damage resulting in loss of life, bodily injury, and health, to the extent that the hotel has violated a duty. It is also liable for damages due to intentional acts or violation of duties through gross negligence. Moreover, it is liable for damages due to an intentional act or negligent violation of typical contractual duties of the hotel. Other claims of the contracting party for damages are excluded. In the case of interruptions of or defects in the services of the hotel the contracting party is obligated to do that which reasonably can be expected of it in order to eliminate the problems and keep damages as low as possible. Moreover, the contracting party is obligated to promptly point out to the hotel the possibility of exceptionally high damages.
11.3 All claims against the hotel become time-barred one year after the commencement of the statutory limitation period. Independent of knowledge, claims for damages become time-barred in five years as long as there is no loss of life, bodily injury or impairment of health or loss of freedom
involved. Claims for damages or loss of life, bodily injury, impairment of health, or loss of freedom become time-barred, independent of knowledge in ten years. These restrictions on the statute of
limitations do not apply to claims based on intentional or grossly negligent violation of duty.
§ 12 Concluding Provisions
12.1 The place of performance and payment is the location of the corresponding ARCOTEL Hotels that is the contracting party.
12.2 The agreed-upon place of jurisdiction is the location of the ARCOTEL Hotels that is the contracting party.
12.3 It is agreed that German law is to be applicable.