I. General Terms and Conditions
1. The contract is concluded by the hotel's order confirmation with the customer (uniform designation for orderer, organizer, guest, etc.). Only these Terms and Conditions shall form part of the contract; any terms and conditions of the Customer shall not be recognized; they shall apply to all services provided by the Hotel, in particular to the provision of hotel rooms, conference rooms, banquet rooms and other premises of the Hotel (hereinafter referred to comprehensively as: provision of services). If a third party has ordered on behalf of a customer, he shall be liable to the hotel together with the customer as joint and several debtors. The hotel may demand an appropriate advance payment from the customer and/or the third party. Subletting or reletting requires the written consent of the hotel.
2. The prices are determined according to the price list valid at the time the service is provided. If fixed prices are stated in the order confirmation and if there are more than 4 months between the conclusion of the contract and the provision of services, the hotel shall be entitled to make price changes. If a minimum turnover has been agreed and this is not reached, the hotel may demand 60% of the difference as lost profit, unless the customer proves a lower or the hotel proves a higher lost profit.
3. The contract partner does not acquire any claim to the provision of certain rooms or premises. If agreed rooms are not available, the hotel will endeavor to provide equivalent substitutes in other properties. The contract partner may have to accept a reasonable waiting period for this purpose.
4. In the case of concluded hotel accommodation contracts in which the customer can unilaterally declare withdrawal from the contract (reservations), the right of withdrawal expires - also for the customer who is a tour operator - if the withdrawal has not been declared in writing to the hotel within the period stated in the reservation. If no First is mentioned, the withdrawal can be declared at the latest 12 weeks before the beginning of the service provision (received in writing by the hotel).
5. Booked rooms are available to the customer from 3:00 p.m. They must be vacated by 11:00 a.m. at the latest on the day of departure. Unless otherwise agreed, room bookings are on a guaranteed basis and are held for arrival after 6:00 p.m. In case of late cancellation than 4:00 p.m. or non-arrival, 90% of the room price will be charged, unless otherwise agreed. The customer does not acquire any right to the provision of certain rooms or premises. If these are promised in the order confirmation but are not available, the hotel is obligated to make every effort to find equivalent substitutes in the house or in other properties.
6. A non-binding option expressly designated as such must be exercised or returned in a binding manner no later than 42 calendar days prior to the arrival date. Exercised options are treated as firm reservations. In the absence of a timely binding exercise of the option, the hotel shall be entitled to assign the reserved service to another party.
7. Invoices that are not due according to the calendar are payable within ten days of the invoice date without deduction; default occurs upon receipt of the first reminder. From the date of default, the invoice shall bear interest at a rate of 8% above the prime rate or reference interest rate of the European Central Bank, unless the hotel proves a higher or the customer proves a lower damage caused by default. A reminder fee of € 5.00 is owed for each reminder after the occurrence of default.
8. The contract partner may only offset counterclaims against the hotel to the extent that his claims are undisputed or have been legally established. Default of payment of even one invoice entitles the hotel to stop all further and future services for the customer in all businesses or to make them dependent on an advance payment in the amount of 100%. The hotel will decide on this without notice. In case of a total reservation of more than 9 nights, the hotel reserves the right to demand an advance payment in the amount of 50 % of the ordered services, or in the amount of 100 % of the ordered services if the customer has his residence or company headquarters abroad. This amount is due 30 calendar days before arrival.
9. If a customer does not accept contractual services ordered or reserved in advance, he remains obliged to pay the agreed price in the following amount:
for a cancellation between the 42nd and the 30th calendar day before the agreed service period, 15% of the ordered services,
for cancellation between the 30th and 15th calendar day before the agreed service period, 50% of the ordered services,
for a cancellation between the 15th and the 7th calendar day before the agreed service period, 50% of the ordered services will be charged.
related to the agreed price of the ordered services, due. Cancellation fees will be reduced by the amount of logis that can be achieved by subletting the cancelled rooms at the created date. If the ordered service is divisible and only a part of the service is not accepted, the cancellation fees shall be due in accordance with the gradation of the preceding paragraph on the basis of the amount of the ordered service attributable to this part of the service. The proof of higher saved expenses by the contractual partner remains unaffected by the above regulations. Section II.2. of these General Terms and Conditions shall apply to changes in the number of participants.
10. Objects or materials left in generally accessible rooms of the hotel, in the technical facilities and in the conference rooms of the hotel shall not be deemed to have been brought in unless they have been expressly taken into custody by a person authorized to do so. Valuables such as jewelry, fur coats and money must be deposited at the reception desk. For this purpose, a special safekeeping agreement must be concluded with a person authorized to do so. Liability is excluded for valuables not deposited. In rooms, liability extends only to those items and materials that were brought in by the person entitled under the accommodation contract. The extent of liability of the hotel for objects and materials brought in is limited to a maximum of € 3,000, except in cases of intent or gross negligence. Money, securities and valuables can be stored in the hotel or room safe up to a maximum value of € 800. The hotel recommends making use of this possibility.
11. In the publicly accessible areas of the hotel, the consumption of brought food and beverages is prohibited.
12. a) The Hotel shall endeavor to execute wake-up orders with the diligence of a prudent businessman.
b) Messages, postal and merchandise consignments intended for the attention of the customer shall be handled with such care. The hotel will take care of the storage, delivery and - upon request and for a fee - forwarding of the same.
c) Any items left behind by the Customer shall be forwarded only at the Customer's request, risk and expense. The Hotel shall store the items for six months and charge a reasonable fee for this. After this period, if there is a recognizable value, the items will be handed over to the local lost and found office.
d) Any liability of the hotel according to a)-c) is excluded.
13. The hotel is liable for the diligence of a prudent businessman. In the event of malfunctions or defects in the hotel's services, the hotel will endeavor to remedy the situation upon the customer's immediate complaint. Irrespective of clause 11 and §§ 701 ff. BGB (German Civil Code), the hotel shall only be liable in the event of intent or gross negligence on the part of the hotel company's legal representatives or the hotel's executives. Safekeeping requires express agreement. Offsetting, reduction or retention are only permissible for the customer in the case of undisputed or legally established counterclaims. Any liability of the hotel - apart from §§ 701 ff. BGB - is limited to the amount of the agreed rental price. The limitation period for all claims of the customer is 6 months, calculated from the termination of the contract. This limitation of liability and short period of limitation shall also apply in favor of the hotel in case of breach of obligations during the initiation of the contract, positive breach of contract and tortious acts.
14. If a contractual partner endangers the business operations or safety of the hotel or their guests, the hotel may withdraw from the contract. This shall also apply in the event of force majeure and other unforeseeable, extraordinary circumstances for which the hotel is not responsible, if this makes the hotel's performance impossible, unreasonable or of no interest to the contractual partner.
15. If, in the context of events, the organizer is a political, religious or ideological group, the effectiveness of the contract also requires the approval of the hotel management. If the organizer conceals from the hotel that he represents a political, religious or ideological group, the contract shall be suspended invalid. If the management's approval is not granted even afterwards, the contract shall be invalid and the hotel shall be entitled to refuse performance. In this case, the organizer is obligated to reimburse all expenses incurred by the hotel in reliance on the validity of the contract.
16. a) The customer shall be liable to the hotel for any damage or loss occurring during the term of the contract, unless the damage is the responsibility of the hotel or has been caused by a third party and the third party actually pays compensation, which shall in each case be made by the customer.
b) The hotel may require the organizer to provide appropriate security (e.g. down payments, insurance, deposits).
The contractual liability of the hotel for defects existing at the time of conclusion of the contract, which did not occur as a result of circumstances for which the hotel is responsible, is excluded.
17. If it has been contractually agreed that the customer may withdraw from the contract within a certain period of time, the hotel shall be entitled for its part to withdraw from the contract within this period of time if there are requests from other customers for the contractually booked rooms and the customer does not waive his right to withdraw upon inquiry by the hotel.
18.If an agreed advance payment or security deposit 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.
19. Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for factually justified reasons, for example if
- force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
- rooms and rooms are culpably booked with misleading or false information about facts essential to the contract, e.g. about the person of the customer or the purpose of the stay;
- the hotel has reasonable grounds to believe that the use of the hotel services may jeopardize the smooth operation of the business, the security or the reputation of the hotel in public without this being within the control or organization of the hotel is not attributable to the hotel's sphere of control or organization;
- the purpose or reason for the stay is unlawful;
In the event of justified withdrawal by the hotel, the customer shall not be entitled to claim damages.
20. The contract partner is obligated to report any defects to the hotel immediately, at the latest upon departure. Claims of the contract partner must be asserted against Hotel Halm within one month after the contractually stipulated completion of the service provision. After expiry of the deadline, the contract partner may only assert claims if he was prevented from complying with the deadline through no fault of his own. Claims of the contractual partner shall become statute-barred after six months. The limitation period shall commence on the calendar day on which the performance of the service was to be completed in accordance with the contract. If the contract partner has asserted claims with the hotel, the statute of limitations is suspended until the calendar day on which the hotel rejects the claims in writing.
21. For booked services or rooms rented through a hotel accommodation contract, the agreed fee must be paid even if the booking is later canceled by the customer or the customer does not appear (§ 552 BGB). The saved expenses of the hotel amount to 10 % for overnight stays with or without breakfast, 40 % for all ordered meals and beverages, and 25 % of the agreed price in the case of an all-inclusive agreement (accommodation plus catering in one sum).
22. For other service provision, i.e. booked services other than the hotel services mentioned in sentence 2, in particular rent (room rent, equipment rent, provision costs, etc.), agreed sales of food and beverages at an event, etc., the time of cancellation determines the amount of the hotel's claim to appropriate remuneration. This results from the order confirmation of the hotel as well as the appendix (item II 2.) of these terms and conditions, saved expenses in the other service provision are compensated. The customer reserves the right to prove higher damages.
23. Place of performance and place of payment for both parties is Constance. German law shall apply. The place of jurisdiction - also for disputes regarding checks and bills of exchange - in commercial transactions is the location of the hotel.
24. Deviating agreements or collateral agreements must be in writing to be effective. Should individual provisions of the contract - including these terms and conditions - be invalid, this shall not affect the validity of the remaining provisions. The parties shall immediately replace the invalid provisions with valid ones that come as close as possible in meaning to the invalid ones.
II. Additional Terms and Conditions for Events (Seminars, Conferences and Banquets)
1. Reservations for events shall only become binding for the hotel when the event organizer signs the order confirmation sent to him by the hotel and this confirmation is received by the hotel within the set period.
2. If the number of participants is reduced by more than 10% from the originally reserved number, the hotel will charge 90% of the originally reserved number of participants for all booked services. This regulation is valid as soon as the hotel has received the signed order confirmation. In addition, the hotel reserves the right to unilaterally cancel the contract. In the event that the number of participants is exceeded, the organizer shall compensate the hotel separately for any additional expenses incurred as a result. A larger room corresponding to the changed number of persons is only possible after consultation with the hotel, but there is no claim. The following regulation applies to cancellations of events:
Cancellation calendar day
Claim of the hotel
|over 12 weeks||Calculation of the rent (according to order confirmation) is not applicable, provided that the hotel can rent otherwise
|12 - 4 weeks||Calculation of the rent plus 33 % of the expected turnover. For conference flat rate 60 % of the agreed flat rate x number of participants
|4 weeks - 8 days||Calculation of the rent plus 66 % of the expected turnover. Furthermore, as for the above period.
|8 to 3 days||Calculation of the rent plus 80 % of the expected turnover. In case of conference flat rate 85% of the agreed flat rate x number of participants.|
Excerpt from the general terms and conditions of the member companies of the German Hotel Association (IHA) e.V.
3. The organizer is generally not allowed to bring food and beverages to the events, if they are not part of the event and serve demonstration purposes. In special cases (national specialties, kosher food, etc.), a deviating agreement may be made in writing. In these cases, a service charge or corkage fee, the amount of which is to be determined in the agreement, will be charged.
4. The installation of decorative material or the like as well as the use of areas in the hotel outside the rented rooms, e.g. for exhibition purposes, require the written consent of the hotel and may be made dependent on the payment of an additional fee. These and other items brought in by customers must comply with local fire and other regulations. If they are not collected immediately, but at the latest within 12 hours after the end of the event, they will be stored at the hotel, for which the customer will be liable to pay an appropriate remuneration, at least equal to the rental costs for the room used. Trash left behind by the customer may be disposed of by the hotel at the customer's expense.
5. The organizer shall be liable for any damage to the furnishings or inventory caused during set-up or dismantling, as well as during the event by event participants or visitors, employees, other third parties from his area or himself and for which the hotel is not responsible. The organizer is recommended to take out insurance for damages for which the hotel is not responsible.
6. The customer must obtain any official permits required for an event in good time and at his own expense. The customer is responsible for compliance with public law requirements and other regulations. Fees payable to third parties for the event, in particular GEMA fees, entertainment tax, curfew reductions, etc., shall be paid directly to the creditor.
7. Insofar as the hotel procures technical or other equipment from third parties for the customer, it shall act on behalf of and for the account of the customer; the customer shall be liable for the careful handling and proper return of the equipment and shall indemnify the hotel against all claims of third parties arising from the provision of the equipment.
8. Reservations are binding for the hotel only after the down payment of 30% of the agreed invoice amount, payable 14 calendar days in advance, by the organizer. For invoice amounts up to € 250, - the entire invoice amount is due in full at the time of reservation. Any deviation from this provision requires the written consent of Hotel Halms. Item I.8. of these General Terms and Conditions shall apply accordingly to cancellations. In the event of cancellation, the deposit shall be offset by Hotel Halm against the cancellation fees.
9. The customer undertakes to inform the hotel without delay and without being requested to do so, but no later than upon conclusion of the contract, that the provision of services and/or the event, whether due to its political, religious or other character, is likely to give rise to public interest or to affect the interests of the hotel. Newspaper advertisements, other advertising measures and publications that have a reference to the hotel and / or that contain, for example, invitations to job interviews or sales events, generally require the written consent of the hotel. If the customer violates this duty of disclosure or if a publication is made without such consent, the hotel has the right to cancel the event. In this case, Clause 4 of the General Terms and Conditions (payment of rent and reasonable compensation) and the Annex to these Terms and Conditions shall apply accordingly.
10. The publication of the name of the hotel in which the event takes place is only permitted with the written consent of a representative of the hotel. Excluded from this is the publication of the hotel name for the purpose of indicating the location of the event and any directions, insofar as it is not a publication in media accessible to an unlimited number of persons and insofar as the hotel name is not particularly emphasized in relation to the remaining text.
11. In the case of events that extend beyond the contractually agreed period, otherwise beyond 11 p.m., the hotel may charge additional expenses, in particular for follow-up events and personnel.
III. additional terms and conditions for groups - unless otherwise contractually agreed, the following provisions apply:
1.1 Groups in the sense of these GTC are travel groups with a minimum number of booked 10 persons, there is joint arrival and departure. Only one total invoice will be issued and handed over to the tour guide. For a group with less than 10 persons the prices for single travelers are valid. There is no right to grant group prices; based on individual agreement, group prices can be granted depending on availability and demand.
2.1Reservations must be confirmed in writing:
Series groups are confirmed by signing the contract.
Point groups are confirmed 42 calendar days before the arrival of the respective group.
The final list of names of the members of the respective group must be communicated to the hotel 10 calendar days prior to arrival.
3.1 The hotel shall send the organizer a reservation confirmation with the essential elements of the recorded reservation and information on check-in and payment terms.
4.1 Number and Cancellation
a) Series groups
The advance payment shall be the amount corresponding to the accommodation costs of an average stay. This amount is due after confirming the booking and will be charged to the last stay of the series.
b) Point groups
Reservations are binding for the hotel only after a deposit of 50% has been paid after the booking has been confirmed, if the organizer has his place of residence or business abroad, after a deposit of 100% and after the booking has been confirmed. This deposit will be retained by the hotel in case of cancellation, if the cancellation is made within 42 calendar days before the arrival of the group.
In case of cancellation for groups, otherwise point I.8. of these GTC applies accordingly.
5.1 Invoicing for point groups
Invoices are payable in euros four calendar days prior to the group's arrival by bank transfer or by covered bank check or in cash upon the group's arrival, unless otherwise agreed.
6.1 All costs existing in addition to the usual contractual services, such as telephone, cash, etc., unless otherwise stipulated in the contract, are to be paid by each participant upon departure. In case of non-payment by the individual participants, the organizer is liable.