Terms and conditions

Terms and conditions for accommodation

between KRE Schnitterhof Betriebs GmbH & Co KG (hereinafter: ‘Hotel’) and the Client


1 SCOPE

1.1 These terms and conditions apply to contracts for the hire of hotel rooms for accommodation purposes as well as to all other services and deliveries provided by the Hotel for the Client in this connection (Hotel Accommodation Contract). 
1.2 The subletting or re-letting of hired rooms as well as their use for any purposes other than accommodation shall require the Hotel’s prior consent in writing. Section 540(1), sentence 2 BGB German Civil Code is waived if the Client is not a consumer.
1.3 The terms and conditions of the Client shall only apply if this has been agreed beforehand in writing.
 

2 CONCLUSION OF CONTRACT, PARTNERS, STATUTE OF LIMITATIONS

2.1 The contracting parties are the Hotel and the Client. If a third party orders on account of the Client, said third party shall be jointly and severally liable with the Client to the Hotel for all obligations arising from the Hotel Accommodation Contract, providing the Hotel has received a corresponding declaration from the third party. The Hotel Accommodation Contract comes about through the acceptance of the Client’s booking request by the Hotel. The Hotel is at liberty to confirm the booking of rooms in writing.
2.2 All claims against the Hotel are subject to a limitation period of one year from the start of the regular statutory limitation period. This shall not apply to claims for compensation or to claims arising from intentional or grossly negligent breach of duty by the Hotel.
 

3 SERVICES, PRICES, PAYMENT, OFFSETTING

3.1 The Hotel is obliged to have the rooms booked by the Client ready and to render the services agreed.
3.2 The Client is obliged to pay the agreed and applicable prices charged by the Hotel for the hire of rooms as well as for the other services used. This also applies to services arranged by the Client directly or via the Hotel and which are provided by third parties and paid for upfront by the Hotel.
3.3 The agreed prices include the applicable taxes in force at the time when the Hotel Accommodation Contract is concluded. Local taxes for which each guest is personally liable under local bylaws (e.g. health resort tax on visitors) are not included. If the rate of statutory value added tax is increased or local taxes on the services to be provided are introduced, increased or abolished, the prices will be adjusted accordingly.
3.4 If, after booking, the Client wishes to reduce the number of rooms booked, the Hotel’s services or the length of stay, the Hotel is entitled to grant consent only on condition that the Client accepts a price increase for the rooms and/or other services provided by the Hotel.
3.5 Invoices with no due date presented by the Hotel are payable in full within 10 days. The Hotel may at any time request that amounts owed by the Client be paid immediately. In the event of default by the Client, the legal regulations apply. If the Client is in arrears, the Hotel has the right to charge reminder and processing fees. The Hotel reserves the right to claim compensation if it can prove that it has suffered a higher loss.
3.6 The Hotel is entitled to request from the Client on conclusion of the Hotel Accommodation Contract a reasonable advance payment or deposit, e.g. in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed in the Hotel Accommodation Contract in writing. Regarding advances or deposits for package tours, the statutory provisions remain unaffected. In the event of default by the Client, the legal regulations apply.
3.7 In justified cases, e.g. payment arrears on the part of the Client or the expansion of the scope of the Hotel Accommodation Contract, the Hotel is entitled to request, including after the conclusion of the Hotel Accommodation Contract until the commencement of the stay, an advance payment or the furnishing of a deposit in accordance with Section 3.6 or an increase in the advance payment or deposit agreed in the Hotel Accommodation Contract up to the agreed remuneration in full.
3.8 Furthermore, at the start of and during the Client’s stay, the Hotel is entitled to demand a reasonable advance payment or deposit in accordance with Section 3.6 for existing and future claims arising from the Hotel Accommodation Contract unless they have already been paid in accordance with Section 3.6 and/or Section 3.7 above.
3.9 The Client may only offset or reduce a claim made by the Hotel against an undisputed or legally binding claim. 
 

4 WITHDRAW BY THE CLIENT (CANCELLATION); NON-USE OF THE HOTEL`S SERVICE (NO SHOW)

4.1 The Hotel Accommodation Contract concluded by the Client with the Hotel may only be cancelled if the right to cancellation has been expressly agreed in the Hotel Accommodation Contract, there is a statutory right to withdrawal, or if the Hotel expressly agrees to the cancellation of the Hotel Accommodation Contract. The agreement of a right to cancellation and any consent to the cancellation of the Hotel Accommodation Contract are only valid if in writing.
4.2 If a date has been agreed between the Hotel and the Client by which withdrawal from the Hotel Accommodation Contract may take place free of charge, the Client may withdraw from the Hotel Accommodation Contract up to this date without incurring charges or claims for compensation by the Hotel. The Client’s right of withdrawal expires if they have not exercised this right vis-à-vis the Hotel by the agreed date.
4.3 If a right of withdrawal has not been agreed or has already expired, there is no statutory right to withdrawal or termination, and the Hotel does not agree to the cancellation of the Hotel Accommodation Contract, the Hotel reserves the right to claim the agreed payment even if the services are not used. A deduction for expenses saved may be estimated by the Hotel. In this case, the Client is obliged to pay at least 90% of the contractually agreed price for accommodation with or without breakfast as well as for packages with external services, 70% for half-board packages, and 60% for full-board packages.


5 CANCELLATION BY THE HOTEL

5.1 If the Client’s right to withdraw from the Hotel Accommodation Contract free of charge within a certain period has been agreed in writing, the Hotel is also entitled to withdraw from the Hotel Accommodation Contract during this period if enquiries from other Clients regarding the contractually booked rooms have been received and the Client does not waive the right to withdraw from the Hotel Accommodation Contract upon enquiry by the Hotel including a reasonable deadline for response. 
5.2 The Hotel is also entitled to withdraw from the Hotel Accommodation Contract if an agreed advance payment or one demanded in accordance with Section 3.6 and/or Section 3.7 above has not been made even after a reasonable period of grace set by the Hotel has elapsed.
5.3 Furthermore, the Hotel is entitled to withdraw from the Hotel Accommodation Contract without notice for objectively justified reasons, e.g.
•    If force majeure or other circumstances for which the Hotel is not responsible make it impossible to fulfil the Hotel Accommodation Contract
•    If rooms have been booked on the basis of culpably made misleading or false statements concerning material facts, e.g. regarding the identity of the Client, their ability to pay or the purpose of the booking
•    If the Hotel has reasonable grounds to believe that the use of its services could endanger the smooth running, security or reputation of the Hotel despite being beyond the Hotel’s control
•    If the purpose or the cause of the stay is unlawful
•    If there is a violation of Section 1.2
5.4 In the event of justified cancellation by the Hotel, the Client shall have no claim to compensation.
 

6  ALLOCATION, HANDOVER AND RETURN OF ROOMS

6.1 The Client does not have the right to be allocated specific rooms unless expressly agreed. 
6.2 Booked rooms are available to the Client from 3pm on the agreed day of arrival. The Client has no entitlement to access rooms earlier. Unless a later arrival time has been expressly agreed or advance payment has been made for the rooms concerned, after 6pm the hotel is entitled to allocate booked rooms to other guests. This shall not entitle the Client to make claims against the Hotel. The Hotel is under no obligation to allocate rooms to other guests.
6.3 On the agreed departure day, rooms are to be vacated by 12 noon at the latest. If a room is vacated at a later time, the hotel may charge a usage fee of 50% of the full room rate (list price) for its use going beyond the terms of the Hotel Accommodation Contract until 6pm, and 90% after 6pm. This shall not entitle the Client to make contractual claims against the Hotel. However, the Client is at liberty to prove that the Hotel’s claim to a usage fee is much lower or non-existent.
 

7 LIABILITY OF THE HOTEL

7.1 The Hotel shall be liable for losses resulting from cases of wrongful death, physical injury or ill health for which it is responsible. Furthermore, it shall be liable for any other damage or loss resulting from intentional or grossly negligent breach of duty by the Hotel or intentional or grossly negligent breach of contractual obligations by the Hotel. Breach of duty by the Hotel is deemed equivalent to breach of duty by a legal representative or a vicarious agent. All other claims for compensation unless otherwise provided for in Section 7 are ruled out. Should the services provided by the Hotel be impaired by disruption or shortcomings, upon being becoming aware of the problem (e.g. if a complaint is made promptly by the Client), the Hotel will make every effort to remedy the situation. In such cases, the Client is obliged to take reasonable steps to remedy the problem and minimize any loss or damage. 
7.2 The Hotel’s liability for items brought in by the Client is limited to €500. The Hotel recommends using the hotel or room safe. If a Client wishes to bring cash, securities, valuable objects and other items valued at over €500, a separate safekeeping agreement with the Hotel is required. 
7.3 If the Client is allocated a parking space in the Hotel garage or on the Hotel car park (even if for a fee), this shall not constitute a safekeeping contract. In the event of loss or damage to vehicles parked on Hotel property and their contents, the Hotel’s liability is limited to that set out in Section 7.1, sentences 1–4 above.
7.4 Wake-up calls will be carried out by the Hotel with the greatest of care. Messages, mail and merchandise deliveries for guests will be handled with care. The Hotel is willing to undertake the delivery, storage and, on request and for a fee, forwarding of items. In such cases, the Hotel’s liability is limited to that set out in Section 7.1, sentences 1–4 above.

 

8 FINAL PROVISIONS

8.1 Any amendments to the Hotel Accommodation Contract, the acceptance of the offer, or these terms and conditions shall only be effective if agreed in writing. Unilateral amendments by the Client are invalid. 
8.2 The place of performance and payment and the exclusive place of jurisdiction for commercial transactions (including disputes concerning cheques and bills of exchange) is Laubanger 10, D-96052 Bamberg, Germany. If a contractual partner meets the requirements of Section 38(2) ZPO German Code of Civil Procedure and has no general place of jurisdiction in Germany, the place of jurisdiction shall be Bamberg.
8.3 These terms and conditions are governed by the law of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
8.4 Mandatory information pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council: An online dispute resolution platform for consumer disputes is provided by the European Commission at ec.europa.eu/consumers/odr/. Further information is available under this link. 
The Hotel is legally obliged to participate in dispute resolution proceedings before a consumer arbitration board. Initial enquiries regarding possible dispute resolution should be addressed to info@hotel-schnitterhof.de.
8.5 Should any individual provisions of these terms and conditions for accommodation be or become invalid or void, this will have no effect on the validity of the remaining provisions. In all other respects, the statutory provisions apply. 

Terms and conditions for events 
between KRE Schnitterhof Betriebs GmbH & Co KG (hereinafter: ‘Hotel’) and the Client


1 SCOPE

1.1 These terms and conditions apply to contracts for the hire of conference, banquet and function rooms by the Hotel for the organization and holding of events such as banquets, seminars, meetings, exhibitions and presentations, etc. as well as to all other services and deliveries provided by the Hotel for the Client in this connection.

1.2 The subletting or re-letting of hired rooms, areas or display cases as well as invitations to job interviews, sales events or similar shall require the Hotel’s prior consent in writing. Section 540(1), sentence 2 BGB German Civil Code is waived if the Client is not a consumer.

1.3 The terms and conditions of the Client shall only apply if this has been agreed beforehand in writing.

2 CONCLUSION OF CONTRACT, PARTNERS, LIABILITY, STATUE OF LIMITATIONS

2.1 The contracting parties are the Hotel and the Client. If a third party orders on account of the Client, said third party shall be jointly and severally liable with the Client to the Hotel for all obligations arising from the Event Contract, provided the Hotel has received a corresponding declaration from the third party. The Event Contract comes about through the acceptance of the Client’s booking request by the Hotel. The Hotel is at liberty to confirm the booking of the event in writing.

2.2 The Hotel shall be liable for losses resulting from cases of wrongful death, physical injury or ill health for which it is responsible. Furthermore, it shall be liable for any other damage or loss resulting from intentional or grossly negligent breach of duty by the Hotel or intentional or grossly negligent breach of contractual obligations by the Hotel. Breach of duty by the Hotel is deemed equivalent to breach of duty by a legal representative or a vicarious agent. All other claims for compensation are ruled out unless otherwise provided for in Section 9. Should the services provided by the Hotel be impaired by disruption or shortcomings, upon being becoming aware of the problem (e.g. if a complaint is made promptly by the Client), the Hotel will make every effort to remedy the situation. In such cases, the Client is obliged to take reasonable steps to remedy the problem and minimize any loss or damage. Moreover, if the Client becomes aware that the Hotel may suffer exceptionally high loss or damage, it is obliged to notify the Hotel in good time.

2.3 All claims against the Hotel are subject to a limitation period of one year from the start of the regular statutory limitation period. This shall not apply to claims for compensation or to claims arising from intentional or grossly negligent breach of duty by the Hotel.

2.4 The Client is obliged to voluntarily notify the Hotel no later than the conclusion of the Event Contract if the event could endanger the smooth running, security or reputation of the Hotel due to its political, religious or other nature.

3 SERVICES, PRICES, PAYMENT, OFFSETTING

3.1 The Hotel is obliged to render the services ordered by the Client and agreed to by the Hotel.

3.2 The Client is obliged to pay the agreed and applicable prices charged by the Hotel for these and any other services used. This also applies to services arranged by the Client directly or via the Hotel and which are provided by third parties and paid for upfront by the Hotel. In particular, this also applies to claims made by copyright collecting societies.

3.3 The agreed prices include the applicable taxes in force at the time when the Event Contract is concluded. If the rate of statutory value added tax is increased or local taxes on the services to be provided are introduced or increased, the prices will be adjusted accordingly.

3.4 Invoices with no due date presented by the Hotel are payable in full within 10 days. The Hotel may at any time request that amounts owed by the Client be paid immediately. In the event of default by the Client, the legal regulations apply. If the Client is in arrears, the Hotel has the right to charge reminder and processing fees. The Hotel reserves the right to claim compensation if it can prove that it has suffered a higher loss.

3.5 On conclusion of the Event Contract, the Hotel is entitled to request from the Client a reasonable advance payment or deposit, e.g. in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed in the Event Contract in writing. In the event of default by the Client, the legal regulations apply.

3.6 In justified cases, e.g. payment arrears on the part of the Client or the expansion of the scope of the Event Contract, the Hotel is entitled to request, including after the conclusion of the Event Contract until the commencement of the event, an advance payment or the furnishing of a deposit in accordance with Section 3.5 above or an increase in the advance payment or deposit agreed in the Event Contract up to the agreed remuneration in full.

3.7 The Client may only offset or reduce claims made by the Hotel against undisputed or legally binding claims.

4 WITHDRAWAL BY THE CLIENT (CANCELLATION) 

4.1 The Event Contract concluded by the Client with the Hotel may only be cancelled if the right to cancellation has been expressly agreed in the Event Contract, there is a statutory right to withdrawal, or if the Hotel expressly agrees to the cancellation of the Event Contract. The agreement of a right to cancellation and any consent to the cancellation of the Event Contract are only valid if in writing.

4.2 If a date has been agreed in writing between the Hotel and the Client by which withdrawal from the Event Contract may take place free of charge, the Client may withdraw from the Event Contract up to this date without incurring charges or claims for compensation by the Hotel. The Client’s right of withdrawal expires if they have not exercised this right in writing vis-à-vis the Hotel by the agreed date.

4.3 If a right of withdrawal has not been agreed or has already expired, there is no statutory right to withdrawal or termination, and if the Hotel does not agree to the cancellation of the Event Contract, the Hotel reserves the right to claim the agreed payment even if the services are not used. The expenses saved in each case can be estimated in accordance with Sections 4.4, 4.5 and 4.6. The Client is at liberty to prove that no expenses were incurred by the Hotel or that the expenses incurred were less than the amount claimed. The Hotel is at liberty to prove that the expenses incurred were higher than the amount estimated.

4.4 If the Client withdraws from the Event Contract between the eighth and fourth weeks before the date of the event, in addition to the agreed hire fee, the Hotel is entitled to charge 35% to compensate for lost food sales. In the event of later withdrawal, this shall rise to 70%.

4.5 Food sales shall be calculated as follows: agreed set meal price times the agreed number of participants. If no meal price has been agreed, calculation will be based on the lowest priced three-course menu of the respective event package.

4.6 If a conference rate per participant has been agreed, in the event of withdrawal by the Client between the eighth and fourth weeks before the date of the event, the Hotel is entitled to charge 60% of the conference rate times the agreed number of participants. In the event of later withdrawal, this shall rise to 85%.

4.7 Services based on hire agreements will normally be charged at 100% unless they can be cancelled more cheaply by the Hotel.

5 WITHDRAWAL BY THE HOTEL

5.1 If the Client’s right to withdraw from the Event Contract free of charge within a certain period has been agreed in writing, the Hotel is also entitled to withdraw from the Event Contract during this period if enquiries from other Clients regarding the contractually booked function rooms have been received and the Client does not waive the right to withdraw from the Event Contract upon enquiry by the Hotel including a reasonable deadline for response.

5.2 The Hotel is also entitled to withdraw from the Event Contract if an agreed advance payment or one demanded in accordance with Section 3.5 and/or Section 3.6 above has not been made even after a reasonable period of grace set by the Hotel has elapsed.

5.3 Furthermore, the Hotel is entitled to withdraw from the Event Contract without notice for objectively justified reasons, e.g.

  • If force majeure or other circumstances for which the Hotel is not responsible make it impossible to fulfil the Event Contract
  • If rooms have been booked on the basis of culpably made misleading or false statements concerning material facts, e.g. regarding the identity of the Client, their ability to pay or the purpose of the booking
  • If the Hotel has reasonable grounds to believe that the event could endanger the smooth running, security or reputation of the Hotel despite being beyond the Hotel’s control
  • If the purpose or cause of the event is unlawful
  • If there is a violation of Section 1.2

5.4. In the event of justified cancellation by the Hotel, the Client shall have no claim to compensation.

6 CHANGES TO THE NUMBER OF PARTICIPANTS OR THE TIMING OF THE EVENT 

6.1 The Hotel must be notified of any increase in the number of participants by more than 5% no later than five working days before the start of the event. In order to be valid, the Hotel’s confirmation must be in writing. Billing will be based on the actual number of participants, albeit no fewer than 95% of the agreed higher number of participants. If the actual number of participants is lower, the Client has the right to reduce the agreed price by the additional savings made as proven by the Client due to the lower number of participants.

6.2 The Hotel must be notified of any decrease in the number of participants by more than 5% in good time and no later than five working days before the start of the event. Billing will be based on the actual number of participants, albeit no fewer than 95% of the finally agreed number of participants. In such cases, Section 6.1, sentence 3 applies.

6.3 If the number of participants is reduced by more than 10%, the Hotel is entitled to exchange the confirmed rooms for other rooms for which a different hire fee may be charged unless this would be unreasonable for the Client.

6.4 If the agreed start or end times of the event change and the Hotel agrees to these changes, an additional amount may be charged for this additional service unless the Hotel is at fault.

7 BRINGING OWN FOOD AND DRINK

7.1 The Client may not normally bring food or drinks to events. Exceptions are only possible if agreed with the Hotel. In such cases, a charge will be levied to cover the overheads.

8 TECHNICAL EQUIPMENT AND PHONE POINTS

8.1 If, at the Client’s request, the Hotel provides technical and other equipment from third parties, it acts on behalf, on the authority and on account of the Client. The Client shall be liable for its careful handling and proper return. The Client shall indemnify the Hotel against any third-party claims arising from the provision of such equipment.

8.2 Prior written consent is required if the Client wishes to use their own electrical systems using the Hotel’s electricity network. Disruptions or damage to the Hotel’s technical equipment caused by the use of these devices shall be charged to the Client unless the Hotel is responsible. The electricity costs arising from this use may be estimated and charged by the Hotel.

8.3 The Client shall be entitled to use their own telephone, fax and data transmission equipment with the consent of the Hotel. The Hotel may charge a connection fee.

8.4 If the Hotel’s equipment remains unused on account of the Client using their own equipment, the Hotel may charge compensation.

8.5 Any malfunctions to technical and other equipment provided by the Hotel will where possible be remedied without delay. If the Hotel is not responsible for these faults, payments may not be withheld or reduced.

8.6. The Client must obtain all official approval necessary in order to hold their event at their own expense. They are responsible for complying with official conditions imposed and any other regulations.

9 LOSS OR DAMAGE TO ITEMS BROUGHT TO THE HOTEL

9.1 Any exhibition equipment or personal items are brought into the function rooms and the Hotel at the Client’s own risk. The Hotel assumes no liability for loss, destruction or damage, including financial loss, except in cases of gross negligence or intent on the part of the Hotel. However, the Hotel shall be liable for losses resulting from cases of wrongful death, physical injury or ill health. In addition, all cases in which safekeeping is a contractual obligation due to the individual circumstances are excluded from this exemption from liability.

9.2. Any decorative materials brought into the Hotel must meet fire safety requirements. The Hotel is entitled to demand certification of this. If such certification is not provided, the Hotel is entitled to have material brought into the Hotel removed at the Client’s expense. Due to the possibility of damage, the Hotel’s approval must be sought before items are put up.

9.3 The Client must remove all exhibition equipment and any other items without delay after the end of the event. Should the Client fail to do so, the Hotel may remove the items and place them in storage at the Client’s expense. If any items are left behind in the function room, the Client will be charged an appropriate hire fee covering the period for which the room cannot be used by the Hotel.

10 CLIENTS LIABILITY FOR DAMAGE

10.1 The Client shall be liable for all damage caused to buildings, fixtures, fittings and furnishings caused by the Client, participants or visitors to the event, employees and other third parties related to the Client. This shall apply accordingly if the Client is a public sector corporation, political party or trade union.

10.2 The Hotel may request reasonable security from the Client (e.g. in the form of a credit card guarantee).

11 FINAL PROVISIONS

11.1 Any amendments to the Event Contract, the acceptance of the offer, or the terms and conditions shall only be effective if agreed in writing. Unilateral amendments by the Client are invalid.

11.2 The place of performance and payment and the exclusive place of jurisdiction for commercial transactions (including disputes concerning cheques and bills of exchange) is Laubanger 10, D-96052 Bamberg, Germany. If a contractual partner meets the requirements of Section 38(2) ZPO German Code of Civil Procedure and has no general place of jurisdiction in Germany, the place of jurisdiction is the registered office of KRE Schnitterhof Betriebs GmbH & Co. KG.

11.3 These terms and conditions are governed by the law of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

11.4 Mandatory information pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council: An online dispute resolution platform for consumer disputes is provided by the European Commission at http://ec.europa.eu/consumers/odr/. Further information is available under this link.

The Hotel is legally obliged to participate in dispute resolution proceedings before a consumer arbitration board. Initial enquiries regarding possible dispute resolution should be addressed to info@Hotel-schnitterhof.de.

11.5 Should any individual provisions of these terms and conditions for events be or become invalid or void, this will have no effect on the validity of the remaining provisions. In all other respects, the statutory provisions apply.

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