These terms and conditions apply to contracts for all services and deliveries provided by Hotel an der Stadtmauer (hereinafter referred to as the “hotel”), in particular for the rental of the hotel’s event rooms for the organization of events such as banquets, seminars, conferences, exhibitions, presentations, as well as hotel rooms for accommodation.
II. Conclusion of contract, contractual partners, limitation period
The contract is concluded upon confirmation of the order by the hotel with the customer. Only these terms and conditions shall form part of the contract; any terms and conditions of the customer shall not be recognized.
If a third party makes a booking on behalf of a customer, they shall be jointly and severally liable to Hotel an der Stadtmauer together with the customer as co-debtors. Subletting or re-letting requires the prior written consent of Hotel an der Stadtmauer.
All claims against Hotel an der Stadtmauer shall generally become time-barred one year after the statutory commencement of the limitation period. Claims for damages shall become time-barred after five years, irrespective of knowledge.
III. Prices and services as well as changes to the number of participants or overnight stays and the event duration
Prices are determined according to the price list valid at the time of service provision and include the applicable statutory VAT. If fixed prices are stated in the order confirmation and more than four months pass between the conclusion of the contract and the provision of services, Hotel an der Stadtmauer is entitled to make reasonable price adjustments.
Hotel an der Stadtmauer may require a reasonable advance payment from the client and/or a third party at any time.
In the event of deviations in the number of participants or overnight stays of more than 10%, Hotel an der Stadtmauer is entitled to re-determine the agreed prices and to exchange the confirmed rooms, unless this is unreasonable for the client.
The client does not acquire any entitlement to the provision of specific rooms or premises. If agreed rooms are not available, Hotel an der Stadtmauer is obliged to provide an equivalent replacement within the hotel or in other properties.
For events that exceed the contractually agreed time frame, or otherwise extend beyond 10:00 p.m., Hotel an der Stadtmauer may charge additional expenses, in particular for follow-up events and staff.
The client is obliged to inform Hotel an der Stadtmauer immediately, at the latest upon conclusion of the contract, without being requested to do so, if the service provision and/or the event is likely, due to its political, religious or other nature, to arouse public interest or to affect the interests of Hotel an der Stadtmauer. Advertisements, other promotional measures and publications referring to the hotel, as well as invitations to interviews or sales events, generally require the prior written consent of Hotel an der Stadtmauer. If the client violates this obligation or publishes without such consent, Hotel an der Stadtmauer has the right to cancel the event.
Invoices that are not due on a specific calendar date are payable within eight days from the invoice date without deduction. Hotel an der Stadtmauer is entitled to declare outstanding claims due at any time and to demand immediate payment.
In the event of late payment, Hotel an der Stadtmauer is entitled to charge default interest at the applicable rate, currently 8%, or in the case of legal transactions involving a consumer, 5% above the base interest rate. Hotel an der Stadtmauer reserves the right to prove higher damages.
IV. Withdrawal of the customer (cancellation, termination / non-use of hotel services (no-show))
Withdrawal by the customer from the contract concluded with Hotel an der Stadtmauer is only possible if a right of withdrawal has been expressly agreed in the contract, a statutory right of withdrawal exists, or Hotel an der Stadtmauer expressly agrees to the termination of the contract. Any agreement on a right of withdrawal as well as any consent must be made in text form.
If a deadline for free withdrawal from the contract has been agreed between Hotel an der Stadtmauer and the customer, the customer may withdraw from the contract until that time without triggering any payment or compensation claims by the hotel. The customer’s right of withdrawal expires if it is not exercised towards the hotel by the agreed deadline.
If no right of withdrawal has been agreed or has already expired, and if no statutory right of withdrawal or termination exists and Hotel an der Stadtmauer does not agree to a contract termination, the hotel retains the right to the agreed remuneration despite the non-use of the service. In this case, the customer is obliged to pay 100% of the contractually agreed price for overnight stays with or without breakfast, as well as for package arrangements with third-party services, 70% for half-board arrangements and 60% for full-board arrangements. The customer is entitled to prove that the aforementioned claim did not arise or did not arise in the required amount.
V. Withdrawal by the hotel
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 regarding the contractually booked rooms and the customer does not waive their right of withdrawal upon request by the hotel within a reasonable deadline.
If an agreed or requested advance payment or security deposit is not made even after the expiry of a reasonable grace period set by the hotel, Hotel an der Stadtmauer is also entitled to withdraw from the contract.
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 make the fulfillment of the contract impossible;
— rooms or premises are booked under misleading or false information or by concealing essential facts; such facts may include the identity of the customer, their ability to pay, or the purpose of the stay;
— the hotel has justified reason to assume that the use of the service may jeopardize the smooth operation of the business, the safety, or the public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organization;
— the purpose or reason for the stay is unlawful;
VI. Liability of the hotel
Items left behind by the customer will only be forwarded upon request, at the customer’s risk and expense. Hotel an der Stadtmauer will store such items for four months and may charge a reasonable fee for this.
If a parking space in the hotel garage or on the hotel parking lot is provided to the customer, even for a fee, this does not constitute a safekeeping agreement. Hotel an der Stadtmauer assumes no obligation to monitor the vehicles.
Hotel an der Stadtmauer is liable with the diligence of a prudent businessman. Should disruptions or defects in the hotel’s services occur, the hotel will endeavor to remedy them upon immediate notification by the customer.
Hotel an der Stadtmauer is only liable in cases of intent or gross negligence. Safekeeping requires an explicit agreement. Set-off, reduction, or retention by the customer is only permitted in the case of undisputed or legally established counterclaims.
In cases of force majeure (e.g., fire, strike) or other circumstances beyond the control of Hotel an der Stadtmauer, or impairing circumstances (e.g., risk to reputation), especially those outside the hotel’s sphere of influence, the hotel reserves the right to withdraw from the contract without the customer being entitled to any claims, such as damages.
VII. Liability of the customer
The customer shall be liable to Hotel an der Stadtmauer for any damage or loss occurring during the term of the contract, unless the damage falls within the responsibility of Hotel an der Stadtmauer or was caused by a third party who actually provides compensation, which must be proven by the customer.
The installation of decorative materials or similar items, as well as the use of areas within Hotel an der Stadtmauer outside the rented premises (e.g., for exhibition purposes), requires the prior written consent of the hotel and may be made subject to additional remuneration. These and other items brought in by the customer must comply with local fire safety regulations. If they are not removed immediately, at the latest within 12 hours after the end of the event, they will be stored by Hotel an der Stadtmauer for an appropriate fee, at least equal to the rental price of the room used, and at the customer’s expense. Waste left behind by the customer may be disposed of by Hotel an der Stadtmauer at the customer’s expense.
The customer is responsible for obtaining any necessary official permits for an event in due time and at their own expense. The customer must comply with all public law requirements and other regulations. Fees payable to third parties in connection with the event, in particular GEMA fees and entertainment taxes, must be paid directly to the respective creditor by the customer.
VIII. Technical equipment and connections
If Hotel an der Stadtmauer procures technical or other equipment from third parties on behalf of the customer, it does so in the name of, on behalf of, and at the expense of the customer. The customer is liable for the careful handling and proper return of the equipment and shall indemnify Hotel an der Stadtmauer against all third-party claims arising from the provision of such equipment.
The use of the customer’s own electrical equipment using the hotel’s power supply requires the prior written consent of Hotel an der Stadtmauer.
Any disruptions to technical or other equipment provided by Hotel an der Stadtmauer will be remedied as quickly as possible. Payments may not be withheld or reduced on this basis.
IX. Bringing in food and beverages
The customer is generally not permitted to bring food and beverages to events. Exceptions require a written agreement; in such cases, a service fee or corkage fee will be charged.
X. Provision of rooms
Booked rooms are available to the customer from 3:00 p.m. on the day of arrival. On the day of departure, rooms must be vacated by 11:00 a.m. at the latest.
The customer has no entitlement to the provision of specific rooms or premises.
XI. Final provisions
Amendments or additions to the contract, the acceptance of the application, or these terms and conditions must be made in writing. Unilateral amendments or additions by the customer are invalid.
Should individual provisions of these terms and conditions be or become invalid or void, the validity of the remaining provisions shall not be affected. In all other respects, the statutory provisions shall apply.
The place of performance and payment, as well as the exclusive place of jurisdiction for commercial transactions, is the location of the hotel. If a contractual partner meets the requirements of § 38 (2) ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.
German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict of laws provisions is excluded.
Should individual provisions of these terms and conditions be or become invalid or void, the validity of the remaining provisions shall not be affected. In all other respects, the statutory provisions shall apply.