Conditions Inn and Hotel Josef Göttler

(Stand: November 2014, © Hotelverband Deutschland (IHA) e.V.)

1. Scope

1. These terms and conditions apply to contracts for the rental of conference, banquet and event rooms of the hotel for the implementation of events such as banquets, seminars, meetings, exhibitions and presentations, etc. as well as for all other services provided for the customer in this context Deliveries by the hotel. The subletting or re-letting of the rooms, areas or showcases as well as invitations to job interviews, sales or similar events require the hotel's prior written consent, whereby Section 540 (1) sentence 2 BGB is waived if the Customer is not a consumer. The customer's general terms and conditions only apply if this has been expressly agreed in advance.

2. Conclusion of contract, partner, liability, limitation period

2.1. The contracting parties are the hotel and the customer. The contract is concluded when the hotel accepts the customer's application. The hotel is free to confirm the booking of the event in writing.

2.2. The hotel is liable for damage to life, limb or health for which it is responsible. Furthermore, it is liable for other damages based on an intentional or grossly negligent breach of duty by the hotel or an intentional or negligent breach of typical contractual obligations by the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages, unless otherwise regulated in Section 9, are excluded. Should disruptions or deficiencies in the hotel's services occur, the hotel will endeavor to remedy the situation if it becomes aware of it or if the customer complains immediately. The customer is obliged to do what is reasonable for him to remedy the disruption and to keep possible damage to a minimum. In addition, the customer is obliged to inform the hotel in good time of the possibility of exceptionally high damage.

2.3. All claims against the hotel become statute-barred one year from the start of the statutory limitation period. This does not apply to claims for damages and other claims, provided the latter are based on an intentional or grossly negligent breach of duty by the hotel.

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 agreed or applicable hotel prices for these and other services used. This also applies to services commissioned 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 by copyright collecting societies. In the event of changes in statutory sales tax or the introduction, change or abolition of local taxes on the subject of the service after the contract has been concluded, the prices will be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between the conclusion of the contract and the fulfillment of the contract exceeds four months.

3.3. The agreed prices include the taxes applicable at the time the contract is concluded.

3.4. Hotel invoices without a due date are payable within ten days of receipt of the invoice without deduction. The hotel can demand immediate payment of due claims from the customer at any time. If the customer defaults on payment, the statutory regulations apply. The hotel reserves the right to provide evidence of higher damage.

3.5. When the contract is concluded, the hotel is entitled to request an appropriate advance payment or security deposit from the customer, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed in text form in the contract. If the customer defaults on payment, the statutory regulations apply.

3.6. In justified cases, for example the customer's payment arrears or an extension of the scope of the contract, the hotel is entitled to make an advance payment or security deposit within the meaning of section 3.5 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed amount, even after the conclusion of the contract up to the start of the event To request remuneration.

3.7. The customer can only offset or set off an undisputed or legally binding claim against a claim by the hotel.

4. Withdrawal by the customer (cancellation, cancellation)

4.1. The customer can only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as the possible consent to a contract cancellation should be made in writing.

4.2. If an appointment has been agreed between the hotel and the customer to withdraw from the contract free of charge, the customer can withdraw from the contract until then without triggering payment or compensation claims by the hotel. The customer's right of withdrawal expires if he does not exercise his right to withdraw from the hotel by the agreed date.

4.3. If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination and the hotel does not agree to a cancellation of the contract, the hotel retains the right to the agreed remuneration despite not using the service. The hotel has to credit the income from renting the rooms to other parties as well as the saved expenses. The expenses saved in each case can be lumped in accordance with Sections 4.4, 4.5 and 4.6. The customer is free to prove that the claim did not arise or did not arise in the required amount. The hotel is free to provide evidence that a higher claim has arisen.

4.4. If the customer only withdraws between the 8th and 4th week before the date of the event, the hotel is entitled to charge 35% of the lost food sales in addition to the agreed rental price, and 70% of the food sales for any later withdrawal.

4.5. The calculation of the food sales is based on the formula: agreed menu price x number of participants. If no price has yet been agreed for the menu, the cheapest 3-course menu of the current event offer will be used.

4.6. If a conference flat rate has been agreed for each participant, the hotel is entitled to charge 60% of the conference flat rate x the agreed number of participants in the event of withdrawal between the 8th and 4th week before the date of the event, and 85% in the case of a later withdrawal.

5. Resignation of 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 about the contractually booked event rooms and the customer upon inquiry by the hotel with a reasonable deadline not waive his right to withdraw.

5.2. If an advance payment or security deposit agreed or requested in accordance with Clause 3.5 and / or Clause 3.6 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 extraordinarily withdraw from the contract for an objectively justified reason, especially 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 with concealment of essential facts; The identity of the customer, solvency or the purpose of stay can be essential;
▪ the hotel has justified cause to believe that the event may endanger the smooth business operations, security or public image of the hotel without this being attributable to the hotel's sphere of control or organization;
▪ the purpose or the occasion of the event is illegal;
▪ there is a violation of section 1.2.

5.4. The justified withdrawal by the hotel does not justify the customer's claim to compensation.

6. Changes in the number of participants and the time of the event

6.1. The hotel must be notified of an increase in the number of participants by more than 5% no later than five working days before the start of the event; it requires the hotel's consent, which should be in writing. The billing is 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 he has 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 least five working days before the start of the event. The billing is based on the actual number of participants, but at least 95% of the ultimately agreed number of participants. Section 6.1 sentence 3 applies accordingly.

6.3. If the number of participants is reduced by more than 10%, the hotel is entitled to swap the confirmed rooms, taking into account the possibly deviating room rent, unless this is unreasonable for the customer.

6.4. If the agreed start or end times of the event shift and the hotel agrees to these deviations, the hotel can appropriately invoice the additional service, unless the hotel is at fault.

7. Bringing food and drinks with you

7.1. The customer is generally not allowed to bring food and drinks to events. Exceptions require an agreement with the hotel. In these cases, a contribution to cover overhead costs will be charged.

8. Technical facilities and connections

8.1. If the hotel procures technical and other equipment from third parties for the customer at the customer's request, it acts in the name, on the power of attorney and for the account of the customer. The customer is responsible for careful handling and proper return. He releases the hotel from all claims by third parties from the provision of these facilities.

8.2. The use of the customer's own electrical systems using the hotel's power grid requires the customer's consent. Malfunctions or damage to the hotel's technical systems caused by the use of these devices are at the expense of the customer, unless the hotel is responsible for them. The hotel is entitled to record and calculate the electricity costs incurred through the use of the electricity.

8.3. With the consent of the hotel, the customer is entitled to use his own telephone, fax and data transmission equipment. The hotel can charge a connection fee for this.

8.4. If suitable hotel systems remain unused due to the connection of the customer's own systems, a cancellation fee can be charged.

8.5. Faults in the technical or other equipment provided by the hotel will be eliminated immediately if possible. Payments cannot be withheld or reduced if the hotel is not responsible for these disruptions.

9. Loss of or damage to items brought along

9.1. Exhibition items or other items, including personal items, are at the risk of the customer in the event rooms or in the hotel. The hotel assumes no liability for loss, destruction or damage, not even for financial loss, except in the case of gross negligence or intent on the part of the hotel. This does not apply to damage resulting from injury to life, limb or health. In addition, all cases in which safekeeping is a typical contractual obligation due to the circumstances of the individual case are excluded from this exemption from liability.

9.2. Decoration material brought along must meet the fire protection requirements. The hotel is entitled to request official proof of this. If such evidence is not provided, the hotel is entitled to remove material that has already been brought in at the customer's expense. Because of possible damage, the setting up and attachment of objects must be coordinated with the hotel in advance.

9.3. Exhibition or other items brought along 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 objects remain in the event room, the hotel can charge an appropriate compensation for use for the duration of the reservation of the room.

10. Customer liability for damage

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 in his area or himself.

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

11. Final provisions

11.1. Changes and additions to the contract, the acceptance of applications or these general terms and conditions should be made in text form. Unilateral changes or additions by the customer are invalid.

11.2. Place of fulfillment and payment as well as exclusive place of jurisdiction - also for check and bill of exchange disputes - is Dachau in commercial traffic. If a contractual partner fulfills the requirements of Section 38 (2) ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is Dachau.

11.3. German law applies. The application of the UN sales law and the conflict of laws is excluded.

11.4. Should individual provisions of these general terms and conditions for events be or become ineffective or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.

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