1. These general terms and conditions apply to all contracts concluded with B. M. Moselgastronomie GmbH & Co. KG, Moselstr. 7, 54486 Mülheim, represented by B. M. Moselgastronomie Geschäftsführungs GmbH, ibidem, and who in turn is represented by the Managing Director Mrs. Heidi Bieger, ibidem, Dr. Rolf Benninghoven as the owner of the Weisser Bär Hotel (hereinafter referred to as the Hotel). Contradictory general terms and conditions, in particular purchasing or ordering conditions do not form part of the contract even if the Hotel does not explicitly contradict these conditions.
2. Reservations are binding for both contractual partners. The contract cannot be dissolved by a single party. Withdrawal is only possible in agreement with the hotel and taking into consideration the compensation rules in No. 1(9) of these general terms and conditions. Reserved rooms are available to the contractual partner from 3 p.m. on the day of arrival. Unless a later time of arrival has been expressly arranged, the hotel reserves the right to give booked rooms to other guests after 6 p.m. The rooms must be vacated by midday on the day of departure unless anything to the contrary has expressly been arranged. The hotel is free to confirm the room booking in writing.
3.It is the hotel's responsibility to set a minimum stay for nights for certain periods. This can only be shortened with the consent of the hotel. On a shortening there is no claim of the guest. Special rates, which are bound to a minimum stay, can be granted by the hotel only with full length of stay. In case of early departure of the guest, the hotel may charge a higher price for the shortened stay. In case of shortening the length of stay according to the valid reservation, the hotel reserves the right to adjust the respective accommodation price, which corresponds to the shortened duration of stay.
4. The hotel is entitled to request an appropriate advance payment or the payment of a security upon conclusion of the contract or thereafter. The amount of the advance payment and the payment dates can be arranged in writing in the contract.
5. The contractual partner does not acquire a right for certain rooms or facilities to be provided. If arranged facilities are not available, then the hotel will endeavour to make an equivalent available in another property.
6. The subletting of the designated rooms as well as their use for any purpose other than lodging requires the prior written consent of the hotel.
7. If the orderer is not also the organiser or if they make an order borne by somebody else, then the orderer is liable for any costs incurred.
8. Invoices are due immediately after receipt without any discounts for early payment. In the case of delayed payment,the hotel is entitled to charge interest on the arrears at the statutory level. The contractual partner is only entitled to offset costs if their claim is undisputed or legally binding. The delayed payment, even if it concerns only one invoice, entitles the hotel to cease all further and future services for the customer or to make them conditional on an advance payment for the full anticipated invoice cost. The hotel will decide on this without notification. In the case of a total booking for more than 10 nights, the hotel reserves the right to request an advance payment of 50% of the services ordered, or if the customer’s private or professional address is abroad, then 100% of the services ordered. This sum is due 14 calendar days before arrival.
9. If the customer does not take the contractual services which they ordered or reserved in advance, then they are obligated up to the following amount until payment of the arranged price: In the case of cancellation till 4th calendar day before the arranged service period the cancellation is free of charge. In the case of cancellations from the 4th until the arranged service time, 80% of the services ordered are due, in relation to the price arranged for the services ordered. Cancellations are reduced by the sum which can be made by renting the cancelled rooms on the booked date. If the service can be divided and only some of the services were not taken, then the cancellation costs are due in accordance with the graduation of the above paragraph on the basis of the sum relating to this part of the service. The proof of higher expenses saved by the other contractual partner leads to a reduction in the sum due by the amount of expenses saved.
10. Objects or materials which are left in generally accessible rooms of the hotel, in the technical facilities or in the conferences halls of the hotel are not deemed to have been brought in if they were not expressly taken into the care of a person entitled to do so. Valuable items such as jewellery, fur coats and money must be kept at reception. For this purpose, a special deposit contract has to be concluded with a person authorised to do so. No liability can be taken for valuable items not left at reception. In addition, the liability in rooms only applies to objects and materials brought in by the party authorised in the accommodation agreement. The liability of the hotel for objects and materials brought in is limited to a maximum sum of €3000, excluding intent and gross negligence.
11. The consumption of food and drinks brought into the publicly accessible areas of the hotel is prohibited.
12. If the contractual partner endangers business operations or the safety of the hotel or its guests, then the hotel can dissolve the contract. This also applies in the case of force majeure or other unforeseeable and extraordinary circumstances, and circumstances for which nobody is at fault, if this makes performance by the hotel impossible, unreasonable or becomes uninteresting for the contractual partner.
13. The hotel cannot be held liable for deficiencies present upon conclusion of the contract which did not occur because of a circumstance for which the hotel is responsible.
14. The hotel is only obliged to pay damages, irrespective of the legal grounds, if the damage is based on gross negligence or intent by the hotel or the lack of promised qualities; or if the hotel has culpably breached a major contractual duty in a manner that is detrimental to the purpose of the contract; or if the damage is due to arrears or impossibility for which the hotel is responsible; or the damage can be covered by insurance which the hotel has concluded or which the hotel could reasonably have been expected to conclude; or if the damage entails a typical danger to the life or health of the customer or a person under the protection of the contract. If it did not act with intent or if it was not grossly negligent, then the hotel can only be held liable for the breach of significant contractual duties, delay or impossibility to the extent of foreseeable and direct damages. If damages claims are excluded or limited in accordance with the above paragraphs, then this exclusion or limitation also comprises claims from unlawful acts as well as claims against employees and vicarious agents of the hotel. Irrespective of this above regulation, liability remains for objects brought into the hotel. The clause in the General Terms and Conditions regulates this further.
15. If the guest uses a parking space in the hotel parking lot, then a deposit contract is not thereby concluded. The hotel cannot be held liable in the case of loss or damage on the hotel property of parked or taxied vehicles and their contents provided the hotel did not act with intent and was not grossly negligent. This also applies to vicarious agents of the hotel.
16. The place of jurisdiction for all disputes between the parties arising from the contractual relationship is Bernkastel-Kues. The laws of the Federal Republic of Germany apply.
17. Spoken or written ancillary agreement have not been made. Alterations and additions must be made in writing to be effective. This also applies to wavering this written requirement.
18. Should any individual provision of these general terms and conditions be or become void or unenforceable, the legal validity of the remaining provisions shall in no way be affected. Both contractual parties agree to replace the legally unenforceable provisions by a legally enforceable provision which most closely serves the economic purpose and resembles the meaning of the invalid regulation. In all other respects legal provisions apply.
II. Additional terms of business for events (seminars, conferences, banquets)
1. Reservations for events only become binding for the hotel if the organiser signs the order confirmation sent by the hotel and this is received by the hotel within the stipulated time period and any advance payment requested has been paid. Reserved function rooms are only available to the contractual partner at the time arranged in writing. Using the function rooms for longer than the arranged time period requires the prior approval of the event department. Deviating from this regulation requires the written approval of the hotel. I, 10 applies accordingly to the cancellation of rooms. In the case of cancellation, the advance payment is calculated with the cancellation costs.
2. In the case of cancellation of event rooms with consumption, then the costs of preparation have to be paid as a lump sum of lost profit, providing the client does not prove that the profit lost did not occur to the lump sum amount. The calculation amount is the sum to be expected, where the order confirmation is decisive.
3. The size of the seminar room depends on the number of participants agreed in the order confirmation. Exceeding the number of participants in respect of the guaranteed number is accepted by the hotel up to 5%, subject to additional costs, provided the smooth running of the event is ensured. Exceeding the number of participants by more than this requires the prior agreement of the hotel. If the number is exceeded, then the actual number of participants is the basis of the invoicing. If the number of participants is exceeded, then the event organiser must reimburse the hotel the expenses thus incurred.
4. The hotel reserves the right to makes room changes provided that this is reasonable for the event organiser taking into consideration the interests of the hotel.
5. The event organiser is not permitted to bring food and drinks to the events if these are not the subject of the event or for purposes of demonstration. In special cases a differing agreement can be arranged with the hotel in writing. In such cases a service fee or corkage is charged, the amount of which is to be specified in the agreement.
6. The attachment of decorations or other objects is prohibited without the prior written approval of the hotel. The event organiser is liable for damages to the facilities or inventory occurring whilst setting up or dismantling, as well as during the event caused by participants of the event or visitors, employees, other third parties or by the organiser themselves for which the hotel is not responsible. The same applies to the loss of property of the hotel. The event organiser is advised to take out insurance for damage for which the hotel is not responsible.
7. It is the responsibility of the client to obtain insurance cover for exhibitory or decorative objects. The hotel is liable for such objects in accordance with the principles of storage only free of charge in accordance with sections 990, 690 ff. German Civil Code. In accordance with this, the hotel takes the same care that they apply to their own affairs. If there are any faults or defects to the technical or other equipment made available by the hotel, then the hotel will seek a remedy immediately. A right of retention or an entitlement to reduce the payment cannot be derived from this. If the hotel acquires technical or other facilities for the organiser, then they act in the name of or on account of the event organiser. The event organiser is liable for the careful handing and proper return of these objects and releases the hotel from all claims by third parties through the transfer of these items.
8. If music is used as part of the event, then the event organiser must report the event to GEMA as required. The hotel is released by the event organiser from all claims arising from the unauthorised use of the rights of GEMA or third parties.
9. If the starting or finishing time of the event changes without the prior written consent of the hotel, then the hotel can levy additional costs incurred for the provision of services unless the hotel is responsible for this circumstance.
10. The publication of the name of the hotel, Weisser Bär Mülheim, in which the event takes place is only permitted if a representative of the hotel gives their consent in writing. Excluded from this is the publication of the hotel name for the purpose of providing the location of the event and any directions given on how to get there provided it is not published in media which is accessible by an unlimited number of persons and provided that the name of the hotel is not given particular emphasis compared to the remaining text.
11. If the event organiser is a political, religious or ideological group, then the contract also requires the approval of the hotel management to be effective. Until this point, the contract is provisionally invalid. If the event organiser is aware that the group holding the conference has a political, religious or ideological background, then this has to be indicated to the hotel explicitly. In such cases, the hotel is entitled to withdraw from the concluded contract without the other contractual party having a claim to damages.
12. The emergency exits marked must not be moved or restricted.