General terms and conditions for events
HKK Hotel Wernigerode ****
Pfarrstraße 41
38855 Wernigerode
E-Mail: info@hkk-wr.de
Scope of application
1. these terms and conditions apply to contracts for the rental of conference, banquet and event rooms of the hotel for the organization of events such as banquets, seminars, conferences, etc. as well as for all other related services and deliveries of the hotel.
2. the subletting and re-letting of the rooms, areas or showcases provided as well as invitations to introductory talks, sales or similar events require the prior written consent of the hotel.
3. the organizer's terms and conditions shall only apply if this has been expressly agreed in writing.
Conclusion of contract, partners, liability
1. the contract is concluded by the hotel's acceptance of the application (confirmation) to the organizer; these are the contracting parties.
2. if the customer/purchaser is not the organizer himself or if a commercial agent or organizer is engaged by the organizer, they shall be jointly and severally liable with the organizer for all obligations arising from the contract.
3. the hotel is liable for its obligations under the contract. This liability is limited to deficiencies in performance which are attributable to intent or gross negligence on the part of the hotel, except in the area of typical performance. In all other respects, the organizer is obliged to inform the hotel in good time of the possibility of the occurrence of exceptionally high damages.
Services, prices, payment
1. the hotel is obliged to provide the services ordered by the organizer and promised by the hotel.
2. the organizer is obliged to pay the hotel's agreed prices for these services. This also applies to services and expenses paid by the hotel to third parties in connection with the event.
3. the agreed prices include the respective statutory value added tax. If the period between the conclusion of the contract and the event exceeds 4 months and the price generally charged by the hotel for such services increases, the contractually agreed price may be increased appropriately, but by no more than 10%.
4 Hotel invoices without a due date are payable in full within 10 days of receipt of the invoice. In the event of late payment, the hotel is entitled to charge interest at a rate of 5% above the respective base interest rate in accordance with §1 of the Discount Rate Transition Act or the corresponding successor interest rate of the European Central Bank. The organizer reserves the right to prove lower damages, the hotel reserves the right to prove higher damages.
5. the hotel is entitled to demand a reasonable advance payment at any time. The amount of the advance payment and the payment dates may be agreed in writing in the contract.
6) The hotel reserves the right to adjust prices in the event of an increase in statutory VAT.
Withdrawal of the hotel
1. if the advance payment is not made even after expiry of a reasonable grace period set by the hotel with a threat of refusal, the hotel is entitled to withdraw from the contract.
2. furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, for example if
- force majeure or other circumstances for which the hotel is not responsible
circumstances make it impossible to fulfill the contract;
- events with misleading or false information
essential facts, e.g. the organizer or purpose,
are booked;
- the hotel has reasonable grounds to believe that the
event may jeopardize the smooth operation, safety or public reputation of the hotel without this being attributable to the hotel's sphere of control or organization;
- there is a violation of paragraph 2 above.
3. the hotel must inform the organizer immediately of the exercise of the right of withdrawal.
4. the organizer shall have no claim for damages against the hotel, except in the case of intentional or grossly negligent conduct on the part of the hotel.
Withdrawal by the organizer (cancellation)
1. in the event of withdrawal by the organizer, the hotel is entitled to charge the agreed rent if it is no longer possible to re-let the room.
2. if the hotel and the customer have agreed in writing on a date for a cost-free withdrawal from the contract, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer's right of withdrawal shall expire if he does not exercise his right of withdrawal in writing vis-à-vis the hotel by the agreed date, unless it has previously been expressly agreed in writing that the customer's general terms and conditions shall apply.
3. if the customer withdraws after signing the contract or after expiry of the contractually agreed free withdrawal date, the hotel is entitled to charge 35% of the lost consumption turnover in addition to the agreed room rental and the costs for third-party services. If the customer withdraws 21 days or less before the date of the event, the hotel shall be entitled to charge 70% of the lost consumption revenue.
4. food sales are calculated according to the formula: agreed menu price plus drinks times the number of participants. If no price has yet been agreed for the menu, the cheapest 3-course menu of the respective valid event offer shall be used as a basis. Drinks are charged at one third of the menu price.
5. if a conference flat rate per participant has been agreed, the hotel is entitled to charge 60% of the conference flat rate multiplied by the agreed number of participants in the event of cancellation after the contract has been signed or after expiry of the contractually agreed free cancellation date prior to the event date, and 80% in the event of cancellation 21 days or more prior to the event date. If an event is canceled on the day of arrival, the hotel is entitled to charge 100% of the agreed number of participants multiplied by the conference flat rate.
6. the deduction of saved expenses is taken into account by no. 3 to 5. The customer is at liberty to prove that the above-mentioned claim did not arise or did not arise in the amount claimed.
Changes to the number of participants and the time of the event
The calculation basis for the hotel is the 14 days before
Number of participants registered at the start of the event.
1. a change in the number of participants by more than 5% must be notified to the banqueting department at least 5 working days before the start of the event; it requires the hotel's consent.
2. a reduction in the number of participants by a maximum of 5% will be recognized by the hotel when invoicing. Points 4 and 5 apply in the event of deviations exceeding this.
3. in the event of an upward deviation, the actual number of participants will be charged.
4. if the number of participants deviates by more than 10%, the hotel is entitled to redetermine the agreed prices and to exchange the confirmed rooms, unless this is unreasonable for the organizer.
5. if the number of participants is reduced by more than 25% less than 14 days before the start of the event, the hotel is entitled to charge 60% of the agreed flat rates or consumption costs per canceled person (in relation to the original calculation basis).
6. if the agreed start or end times of the event are postponed without the hotel's prior written consent, the hotel may charge additional costs for readiness to perform, unless the hotel is at fault.
Room
With regard to the cancellation of agreed separate overnight stays (outside of conference packages), the organizer shall be liable for the respective room contingents ordered. The contractually agreed cancellation conditions according to the confirmation and GTC apply. If participants pay for services ordered under the contract themselves, the organizer shall also be liable.
Bringing food and drinks
The organizer may not bring food and drinks to events. Exceptions require a written agreement with the banqueting department. In these cases, a contribution to cover overheads will be charged.
Technical equipment and connections
1. insofar as the hotel procures technical and other equipment from third parties for the organizer at the organizer's request, it acts in the name of, on behalf of and for the account of the organizer. The organizer shall be liable for the careful handling and proper return of the equipment. The organizer shall indemnify the hotel against all third-party claims arising from the provision of such equipment.
2. the use of the organizer's own electrical equipment using the hotel's electricity network requires the hotel's written consent. Any malfunctions or damage to the hotel's technical equipment caused by the use of such equipment shall be borne by the organizer, unless the hotel is responsible for such malfunctions or damage. The hotel may record and charge a flat rate for the electricity costs arising from the use of such equipment.
3. with the consent of the hotel, the organizer is entitled to use its own telephone, fax and data transmission equipment. The hotel may charge a connection fee for this.
4. if suitable hotel equipment remains unused due to the connection of the organizer's own equipment, a cancellation fee may be charged.
5. faults in technical or other equipment provided by the hotel will be rectified immediately if possible. Payments may not be withheld or reduced insofar as the hotel is not responsible for these faults.
Loss of or damage to items brought along
1. exhibited or other items, including personal items, are kept in the event rooms or in the hotel at the risk of the organizer. The hotel accepts no liability for loss, destruction or damage, except in cases of gross negligence or intent on the part of the hotel.
2. decoration material brought along must comply with the fire police requirements. The hotel is entitled to demand official proof of this. Due to possible damage, the installation and attachment of objects must be agreed with the hotel in advance.
3. any exhibits or other items brought along must be removed immediately after the end of the event. If the organizer fails to do so, the hotel may remove and store the items at the organizer's expense. If the items remain in the event room, the hotel may charge room rental for the duration of their retention. The organizer reserves the right to prove lower damages, the hotel reserves the right to prove higher damages.
Liability of the organizer for damages
1. the organizer is liable for all damage to buildings or inventory caused by event participants or visitors, employees, other third parties from his area or himself.
2. the hotel may require the organizer to provide appropriate security (e.g. insurance, deposits, guarantees).
Final provisions
1. amendments or additions to the contract, the acceptance of applications or these terms and conditions for events should be made in writing. Unilateral amendments or additions by the organizer are invalid.
2. the place of performance and payment is the registered office of the hotel.
3. the exclusive place of jurisdiction - also for check and bill of exchange disputes - is the registered office of the hotel in commercial transactions. If a contractual partner fulfills the requirements of §38 paragraph 1 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.
4 German law shall apply.
5 Should individual provisions of these General Terms and Conditions for Events be invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.
