Terms and conditions

General Terms and Conditions
for Hotel Accommodation Contracts

I. Scope of Applicability
1. These Terms and Conditions govern contracts for the rental use of hotel rooms for lodging purposes, as well as all other goods and services rendered by the hotel for the customer.
2. The prior written consent of the hotel is required if rooms provided are to be sublet or rented to other parties or used other than for lodging purposes, whereby § 540, para. 1, sentence 2 German Civil Code is waived insofar as the customer is not a consumer.
3. The customer’s general terms and conditions shall apply only if these are previously expressly agreed in writing.

II. Conclusion of Contract, Parties, Liability, Statute of Limitations
1. The contract shall come into force upon the hotel’s acceptance of the customer’s application. At its 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 on behalf of the customer, 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 together with the customer, insofar as the hotel has a corresponding statement by the third party.
3. Any claims against the hotel shall generally be time-barred one year after the
commencement of the general statute of limitations dependent upon knowledge of § 199, para. 1 Ger-man Civil Code. Damage claims shall be time-barred after five years, independent of knowledge. The reduction of the statute of limitation periods shall not apply for claims which are based on an intentional or grossly negligent breach of obligation by the hotel.

III. Services, Prices, Payment, Set-Off
1. The hotel is obligated to keep the rooms reserved by the customer available and to render the agreed services.
2. The customer is obligated to pay the applicable or agreed hotel prices for rooms provided and for other services used. This shall also apply to the hotel’s services and outlays to third parties caused by the customer.
3. The agreed prices include applicable value-added tax as required by law. If the period between conclusion and fulfilment of the contract exceeds four months and if the price generally charged by the hotel for such services increases, then the hotel may raise the contractually agreed price to a reasonable extent but not, however, by more than five percent.
4. Moreover, the hotel may change prices if the customer later wishes to make changes in the number of reserved rooms, the hotel’s services, or the length of guests’ stay, and the hotel consents to such changes.
5. Hotel invoices not showing a due date are payable and due in full within ten days of receipt. The hotel shall be entitled at any time to make accumulating accounts receivable payable and due and to demand payment without undue delay. With default of payment, the hotel shall be entitled to demand the respectively applicable statutory default interest in the amount of currently 8 percent or, with legal transactions with a consumer, in the amount of 5 percent above the base interest rate. The hotel reserves the right to prove greater damage.
6. The hotel is entitled to require a reasonable advance payment or security deposit upon conclusion of the 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 only set-off or reduce a claim by the hotel with a claim which is undisputed or decided with final, res judicata effect.

IV. Repudiation by Customer (Cancellation, Annulment)/Failure to Use Hotel Services (No Show)
1. Cancellation by the customer of the contract concluded with the hotel requires the hotel’s written consent. If such is not given, then the price agreed in the contract must be paid even if the customer does not avail himself of the contractual services. This shall not apply with the breach of obligation of the hotel to take into account the rights, objects of legal protection and interests of the customer, if holding to the contract is no longer reasonable or another statutory or contractual cancellation right exists.
2. To the extent the hotel and customer agreed in writing upon a date for a cost-free cancellation of the contract, the customer may cancel the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer’s right of cancellation shall expire if he does not exercise his cancellation right in writing vis-à-vis the hotel by the agreed date, insofar as no case pursuant to Nr. 1, sentence 3 supra exists.
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 demand the contractually agreed compensation and to make a flat-rate deduction for saved expenses. In this case, the customer is obligated to pay 90 percent 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 the claim mentioned above was not created or not created in the amount demanded.

V. Repudiation by Hotel

To the extent that a right of cost-free cancellation within a certain period was agreed in writing for the customer, the hotel is entitled for its part to cancel 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 upon inquiry thereof by the hotel.
2. If an agreed advance payment or an advance payment demanded pursuant to Item III, Nr. 6 supra is not made even after a reasonable grace period set by the hotel has expired, then the hotel is likewise entitled to cancel the contract.
3. Moreover, the hotel is entitled to effect extraordinary cancellation of the contract for a materially justifiable cause, e.g. if

• force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract;
• rooms are reserved with misleading or false information regarding material facts, such as the identity of the customer or the purpose;
• the hotel has justified cause to believe that use of the hotel’s services might jeopardize the smooth operation of the hotel, its security or public reputation, without being attributable to the hotel’s sphere of control or organization; 
• there is a breach of the item I. Nr. 2 supra.

4. The customer can derive no right to compensation from justified cancellation by the hotel.

VI. 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, on the grounds of the delayed vacating of the room for use exceeding the contractual time, the hotel may charge 50 percent of the full accommodation rate (list price) 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 claim to use damages.

VII. Liability of the Hotel
1. The hotel is liable to exercise the duty of care of an ordinary merchant with the performance of its obligations arising from the contract. Claims of the customer for reimbursement of damages are precluded except for such which result from injury to life, body or health and the hotel is responsible for the breach of the obligation, other damage which is caused from an intentional or grossly negligent breach of obligation and damage which is caused from an intentional or negligent breach of obligations of the hotel which are typical for the contract. A breach of obligation of the hotel is deemed to be the equivalent to a breach of a statutory representative or employee. Should disruptions or defects in the performance of the hotel occur, the hotel shall act to remedy such upon knowledge thereof or upon objection without undue delay by the customer. The customer shall be obliged to undertake actions reasonable for him to eliminate the disruption and to keep any possible damage at a minimum.

2. The hotel is liable to the customer for property brought in to the hotel in accordance with the statutory provisions, i.e., up to one hundred times the room rate, not to exceed € 3,500.- and up to € 800.-. For cash, securities and valuables. Cash, securities and valuables up to a maximum value of € 50,000.- may be stored in the hotel safe. The hotel recommends that guests utilize this possibility. Liability claims expire unless the customer notifies the hotel immediately after gaining knowledge of the loss, destruction, or damage (§ 703 German Civil Code). With regard to more extensive liability of the hotel, Nr. 1, sentences 2 to 4 supra shall apply respectively.

3. 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 hotel’s property, nor the contents thereof, excepting cases of intent or gross negligence. Nr. 1, sentences 2 to 4 supra shall apply respectively.

4. Wake-up calls are carried out by the hotel with the greatest possible diligence. 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). Nr. 1, sentences 2 to 4 supra shall apply respectively.

VIII. Final Provisions
1. Amendments and supplements to the contract, the acceptance of applications, or these General Terms and Conditions for Hotel Accommodation should be made in writing. Unilateral amendments and supplements by the customer are not valid.
2. Place of performance and payment is the location of the hotel’s registered office.
3. In the event of dispute, including disputes for checks and bills of exchange, the courts at the location of the hotel’s registered office shall have exclusive jurisdiction for commercial transactions. Insofar as a contracting party fulfils the requirements of § 38, para. 2 of the German Code of Civil Procedure and does not have a general venue within the country, the courts at the location of the hotel’s registered office shall have jurisdiction.
4. The contract is governed by and shall be construed in accordance with the laws of the Federal Republic of Germany. The application of the UN Convention on the International Sale of Goods and the conflict of laws are precluded.
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.

Standard Terms and Conditions for Events

Preliminary Remarks

    These Standard Terms and Conditions apply to the provision of the Hotel´s
    conference and reception rooms for the purpose of holding events and
    for all other deliveries and services connected with same.
    Room reservations are subject to separate Terms and Conditions.
    Contracting parties are the Organiser and the Hotel. If the Customer is not
    the same person or entity as the Organiser, the Hotel is entitled to demand a
    reasonable downpayment from the Customer. The Customer acknowledge
    his own liability and shall be liable alongside the Organiser.
   
The Standard Terms and Conditions shall apply as follows:

1. The reservation of rooms and areas as well as the agreement of other deliveries and services shall become binding for both Hotel and  Organiser  upon confirmation by the Hotel. Any subletting of rooms, showcases or areas requires the prior consent of the Hotel. The Hotel reserves the right to change rooms provided this can be deemed reasonable for the Organiser taking into account the interests of the Hotel.
2. Rates include statutory VAT. Any increase in VAT subsequent to   conclusion of contract shall be charged to the Customer/Organiser. Should the period between conclusion of contract and event exceed 120 days, the Hotel reserves the right to change it´s rates.
3. Hotel invoices are payable within 10 days of date of invoice without deduction. In the event of default in payment, the Hotel has the right to demand interest of 1% per month or fraction thereof.
4. The Organiser undertakes to inform the Hotel of the final number of participants at the latest 3 working days before the date of the event in order to ensure due and proper preparations. Any reduction an the number of participants of more than 10% (in relation to the number already contractually agreed) cannot be taken into account and will be charged to the Organiser in full. Increases in the number of participants must be agreed with the Hotel beforehand. Final accounting will be based on the actual number of participants attending. If the agreed start of an event is delayed without prior arrangement and/or consultion, the Hotel is entitled to charge the Organiser  the service provision costs incurred.  
5. The Customer/Organiser may rescind this contract up to 45 days prior to the start of the event by means of written notification without incurring any costs. Cancellation after this date will result in a charge of 80% of the guaranteed turnover. In cases where no turnover guarantee has been made, 80% of the anticipated food and beverages turnover will be invoiced based on the contractually agreed number of participants and scope of performance. Contractually agreed costs for the provision of rooms reserved will be charged without deduction. 
6. In the case of events continuing past midnight the Hotel is entitled to charge € 28,50 per waiter and per hour or fraction thereof.
7. The Organiser is liable to the Hotel for payment of any and all services additionally ordered by event participants unless individual payment has been agreed beforehand. All permits subject to tax and GEMA (Musical Performance and Mechanical Reproduction Rights) regulations will be invoiced by the Hotel with substantiation.
8. The Organiser undertakes to cover the costs of any loss or damage causes by his employees, other auxiliary personnel or event participants as well as any loss or damage caused by himself. In order to avoid damage to walls the affixing of decoration materials or other objects must be agreed with the Hotel beforehand. Exhibition and other items of property brought in from outside must be removed at the end of the event. In the event of failure to comply with this provision on the part of the Organiser,  the Hotel is entitled to remove and store such items at the Organiser´s expense. Any other arrangements are subject to the prior consent of the Hotel Management. The Hotel cannot be held liable for damage to or loss of items of property broughtin from outside. The Hotel does not provide in surance cover for such Items of property brought in from outside. Proper insurance cover, e.g. for exhibits, seminar and conference equipment is the sole responsibility of the Customer/Organiser. Transportation packaging, wrapping and all other packaging materials must be disposed of by the Customer/Organiser at his own expense. Disposal can be effected for a fee (min. € 25,00) should the Customer/Organiser leave packaging materials behind after the event.  
9. Malfunctions or defects in facilities provided by the Hotel will be eliminated by the Hotel wherever possible; these do not, however, on any account entitle the Customer/Organiser to reduce/retain and/or offset the rental fee. If is not possible to provide the rented facilities at all or in time, claims for compensation of damages against the Hotel, also on grounds of non-performance, are precluded unless based on wilful intent or gross negligence on the part of the Hotel. Any liability is limited on a contributory basis to the rental amount agreed.
10. Should the Organiser envisage using his own electrical appliance, he must first seek the Hotel´s consent before connecting any such devices to the mains. The ensuing power consumption will be charged to the Customer/Organiser in accordance with the valid supply and operation rates as charged by the Department of Works to the Hotel. The Hotel is entitled to compute and charge power consumption on a flat-rate basis. Any interference to or defects in the Hotel´s technical systems caused as a result of connecting such devices will be charged to the Organiser.
11. Where the Hotel obtains technical or other equipment from third parties on the Organiser´s behalf, it shall do so in the name and for the account of the Organiser. The Organiser shall be liable for the careful treatment and due and proper return of such equipment and exempts the Hotel from all third-party claims in this regard.
12. As a general policy the Organiser may not bring any food or beverages to events. In special cases (national specialities etc.) a written agreement can be reached. In any such cases a general cost fee will be charged less the prorated sales input.
13. Newspaper advertisements containing invitations to job interviews or sales events require the prior written consent of the Hotel in each case. Should any publication be made without such consent, the Hotel reserves the right to cancel the event. If room facilities are rented for purposes other than those specified, Paragraph 5 of the Standard Terms and Conditions (Payment of the provision costs or corresponding remuneration) shall apply. Any and all claim to compensation of damages against the Hotel is precluded.
14. Should the Hotel have substantiated reason to believe that an event threatens to jeopardise the smooth operation, safety or reputation of the establishment, as well as in the case of force majeure, it is entitled to cancel the event.
15. The place of performance and jurisdiction is Cologne.
16. Should any provision in these Standard Terms and Conditions be ineffective, this shall not affect the validity of the remaining provisions contained herein. The ineffective provision shall be replaced by a valid provision which comes closest to fulfilling the original aim and purpose.
17. Any divergent covenants or subsidiary agreements must be made in writing.