17 August 2017


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Generell terms of business

General Terms of Business - Hotel Landhaus Alpinia Berlin

RESERVATION OF HOTEL ROOMS

1. SCOPE OF APPLICATION, CONCLUSION OF CONTRACT

1.1 These General Terms of Business apply to all Contracts on the letting of hotel rooms, their management and all other services provided by the Hotel for the customer (orderer, organizer, guest etc., hereinafter called the Customer).

1.2 The Contract on the services set out above shall be created following the confirmation by the Hotel of the Customer´s order. These General Terms of Business shall be incorporated in the Contract; any terms of the Customer´s business shall not be accepted.

1.3 Where a third party acted on behalf of the Customer, the third party shall be jointly and severally liable to the Hotel together with the Customer. All Terms of Business shall also be applicable to the ordering third party.

1.4 A sub-lease or subsequent lease shall require the prior written consent of the Hotel.

2. RATES, ADJUSTMENTS, MINIMUM SALES, PREPAYMENTS, SECURITY

2.1 Rates shall be determined based on the list of prices valid at the conclusion of the Contract; the price list shall be available for inspection on request at any time. Prices include statutory sales tax. An increase of the sales tax rate after the conclusion of the Contract shall be borne by the Customer.

2.2 Where the confirmation of the order quotes fixed prices and the period between the conclusion of the Contract and the performance of the services is more than four months, the Hotel shall be entitled to adjust the price though by no more than 10%.

2.3 Has been agreed on a minimum turnover but has not been achieved, the Hotel shall be entitled to charge 90% of the balance as lost profit unless the Customer shows that the Hotel has not suffered any or only a smaller loss. The Hotel shall reserve the right to show a higher loss and recover the actual profit lost from the Customer.

2.4 The Hotel shall be entitled to request a prepayment of 50% of the projected overall sales on or after the conclusion of the Contract. Customers with their place of business or residence outside Germany may be requested to pay up to 100% of the projected overall sales. It shall be at the discretion of the Hotel to ask the Customer for a suitable security in such a case.

3. RESERVATION, RIGHTS OF WITHDRAWAL

3.1 Where a Customer is entitled to withdraw from an Accommodation Contract within a stipulated period of time (cancellation period), the right of cancellation shall lapse - also for the Customer being a tour operator - unless the cancellation has been declared to the Hotel in writing within the time stipulated. Has not been agreed on a time limit, cancellation shall be declared to the Hotel in writing no later than one month prior to the beginning of the performance of services.

3.2 Where the Customer has the right of withdrawal within a stipulated period, the Hotel shall also be entitled to cancel the Contract within this period when other customers inquire about the rooms reserved by the Customer, and the Customer does not waive its right of withdrawal when requested by the Hotel.

4. WITHDRAWAL OF THE CUSTOMER (COUNTERMANDING, CANCELLATION), GRADUATED LUMP SUM COMPENSATION

4.1 The price agreed for services shall also be payable when the Customer terminates (cancels and/or countermands) the order prior to the agreed date of arrival unless cancellation is declared within a stipulated period in accordance with No. 3.

4.2 The Hotel shall be entitled to charge the following flat rates to the Customer should the order be cancelled outside the withdrawal period agreed under No. 3:

4.2.1 For more than 20 rooms and receipt of the cancellation notice
- more than eight weeks prior to arrival: No charge.
- From eight weeks up to the 30th day prior to arrival: 10% of the agreed room rate.
- From the 30th day up to the 15th day prior to arrival: 30% of the agreed room rate.
- After the 8th day prior to arrival: 90% of the agreed room rate.

4.2.2 For five to 20 rooms and receipt of the cancellation notice
- more than 45 days prior to arrival: No charge.
- from the 45th day up to the 30th day prior to arrival: 10% of the agreed room rate.
- from the 29th day up to the 14th day prior to arrival: 50% of the agreed room rate.
- after the 14th day prior to arrival: 80% of the agreed room rate.

4.2.3 For less than five rooms and receipt of the cancellation notice
- more than 2 days prior to arrival: No charge.
- from the 2nd day 24.00 h prior to arrival: 80% of the agreed room rate.

4.3 The Customer shall pay 20% of the agreed rate as lump-sum compensation irrespective of the time of the cancellation with regard to any other food and drink ordered but not contained in the room reservation (accommodation plus board set down as one amount). Where no price has been agreed, compensation shall be determined based on the current price list of the Hotel, which may be inspected on request at any time.

4.4 Any savings made by the Hotel and any loss suffered, as a result of the cancellation shall thus have been compensated. If the Hotel concludes an equivalent accommodation contract with another customer for the originally booked and prematurely cancelled accommodation, the duty of the Customer to pay compensation in accordance with Nos. 4.2 and 4.3 shall lapse. Apart from that, the Customer shall have the right to prove that the Hotel had higher savings and/or a smaller or no loss; the Hotel shall have the right to prove that it had smaller savings and/or a higher loss.

5. WAKE-UP CALLS, POST, LOST AND FOUND PROPERTY

5.1 The Hotel shall strive to carry out orders for wake-up calls with all due care.

5.2 Messages, postal items and consignments sent for the attention of the Customer shall be treated by the Hotel with all due care. The Hotel shall store, return and, for a fee, forward them if so requested.

5.3 Items left behind by the Customer shall be forwarded at Customer´s risk and expense when requested. The Hotel shall store the items for a period of six months charging a reasonable fee customary for such cases and depending on the expense incurred for the safekeeping of the items. After the expiry of the safekeeping period items that have a recognizable value will be handed over to the local lost property office.

5.4 The Hotel shall only be liable for damage caused intentionally or by gross negligence in contravention of the duties set out under No. 5.

6. LIABILITY, STATUTORY LIMITATION, SAFEKEEPING, CARPARKING SPACE

6.1 The Hotel shall exercise the care and diligence required in ordinary business transactions. Where services of the Hotel are disrupted or defective, the Hotel shall strive to remedy the defects immediately upon a relevant complaint by the Customer. The Customer on its part shall be obliged to make reasonable efforts to remove the disturbance and keep any potential damage as small as possible.

6.2 Claims of the Customer for damages shall be excluded with the exception of damages resulting from injury to life, body and health caused as a result of the failure of a legal representative, senior employee or vicarious agent of the Hotel to comply with their duties.

6.3 In the case of safekeeping, which requires a separate written agreement and which the Hotel is only obliged to conclude subject to the conditions set out in Section 702 § 3 of the German Civil Code (BGB), the Hotel shall only be liable for damages caused intentionally or by gross negligence by its legal representatives, senior employees or vicarious agents. Any liability of the Hotel shall be limited to a maximum of €3,500.00 per individual claim; the maximum liability coverage for money, securities and valuables in the meaning of Section 702 of BGB shall be reduced to €800.00 per individual claim.

6.4 The provision of a parking space in the Hotel garage or the Hotel car park to the Customer shall not constitute a safekeeping contract. The Hotel shall not be liable for any damages resulting from the disappearance or demolition of cars and their content while parking or being driven on the Hotel premises or the garage. This shall also be applicable when parking space has been rented for a fee.

6.5 Sections 536 and 536a of BGB shall not apply. The Hotel shall not be liable for theft of and damage to clothes and other objects brought in by the Customer and any accompanying persons.

6.6 The limitation period for all claims of the Customer shall be six months and begin to run from the end of providing accommodation. This shall not apply to liability for damages caused intentionally.

6.7 Any safekeeping shall require explicit agreement. Set-off, reduction or retention by the Customer shall only be permissible for undisputed and legally awarded counter-claims.

6.8 Claims of the Customer for damages shall become extinct unless the Customer sends a written notice concerning the damage (loss, destruction or demolition) to the Hotel as soon as obtaining knowledge of the matter. This shall not apply to agreed safekeeping and/or negligence of the Hotel staff (Section 703 of BGB).

6.9 The limitation period for all claims of the Customer shall be six months and begin to run from the end of providing accommodation. This shall not apply to liability for damages caused intentionally.

7. RIGHT OF CANCELLATION IN CASE OF FORCE MAJEURE

7.1 In case of force majors (fire, strike, etc.) or other circumstances which prevent the Hotel from performing its services even when making customary and reasonable efforts, in particular those outside the control of the Hotel, the Hotel shall reserve the right to terminate the Contract without creating any claims of the Customer, in particular damage claims.

8. DAMAGES CAUSED BY THE CUSTOMER, CUSTOMER´S LIABILITY

8.1 The Customer shall be liable for any negligently caused damage or loss in the meaning of Section 276 of BGB. Ordinary negligence shall create the liability of the Customer to pay damages.

8.2 The same shall apply to damages caused by third parties when the Customer has occasioned their presence on the Hotel premises.

9. USE OF HOTEL PREMISES OBJECTS BROUGHT IN

9.1 Putting up decorations etc. and using space within the Hotel but outside the demised premises, e.g. for exhibitions, shall require the written consent by the Hotel and may carry an additional fee.

9.2 Any objects brought into the Hotel by the Customer shall comply with local fire regulations and other public-law provisions.

9.3 Where objects brought in by the Customer have not been removed immediately or at the latest within twelve hours after the end of the event, they shall be stored on the premises. A reasonable fee, customary for such cases, shall be charged amounting as a minimum to the rent for the room used by the Customer. Alternatively, the Hotel shall be entitled to have the objects stored by a haulage contractor etc. at the expense of the Customer.

9.4 The Hotel shall be entitled to dispose of any refuse, packaging etc. left behind by the Customer at Customer´s expense.

10. OFFICIAL PERMITS, OBLIGATION TO PAY RATES AND DUTIES, EQUIPMENT

10.1 The Customer shall obtain in time and without a relevant request all necessary official permits to hold an event at Customer´s costs. The Customer shall also be responsible for compliance with terms and conditions imposed by authorities and with other regulations.

10.2 Any rates and duties payable to third parties, in particular royalties payable to the German Society for Musical Performance and Mechanical Reproduction Rights (GEMA), entertainment tax etc., shall be paid by the Customer directly to the creditor. The Customer shall indemnify the Hotel from potential claims of these creditors under a right of recourse.

10.3 Where the Hotel procures technical or other equipment and/or services from third parties, it shall do so by order and on account of the Customer. The Customer shall be liable for the careful handling and proper return of the equipment and shall hold the Hotel harmless of any third party claims associated with the handover of the equipment.

11. CONSUMPTION OF FOOD AND BEVERAGE

11.1 The Customer shall not be entitled to consume any food and drink brought into the Hotel either at events or in the room. In exceptional cases (e.g. ethnic specialities) a relevant agreement shall be concluded in writing; the Hotel shall then charge a service fee and/or corkage for profit lost based on the Hotel´s current list of prices. The Customer shall have the right to show that the Hotel has suffered no or only a small loss because of bringing in food and beverage from outside.

12. TREND EVENTS, ADVERTISING ACTIVITIES, PUBLICATIONS, RESERVATION OF CONSENT

12.1 The Customer shall undertake to provide unsolicited information to the Hotel immediately or on the conclusion of the Contract at the latest that the performance of services and/or the event is suitable to arouse public interest, be it for its political, religious or other character, or harm the interests of the Hotel in any way.

12.2 Newspaper advertisements, other advertising activities and publications with a reference to the Hotel and/or invitations to interviews and/or sales events shall always require the prior written consent by the Hotel.

12.3 If the Customer fails to comply with the duty to disclose information in accordance with No. 12.1 and/or puts out ads/advertising material/invitations etc. in the meaning of No. 12.2 without prior approval, the Hotel shall have the right to cancel the event without observing a time limit. In such a case, No. 4 of the General Terms of Business (payment of the rent and a reasonable remuneration) shall apply. The Customer shall hold the Hotel harmless of any third-party claims resulting from the cancellation of the event.

13. ARRIVAL, DEPARTURE, NO ENTITLEMENT TO A SPECIFIC ROOM

13.1 Rooms reserved by the Customer are available from 14:00 hrs. They must be vacated on the day of departure until 11:00 hrs at the latest.

13.2 Unless a later time of arrival has been explicitly agreed, the Hotel shall be entitled to give away booked rooms to other customers after 18:00 hrs without any liability to the Customer.

13.3 If the Customer checks out after 11:00 hrs, the Hotel shall be entitled to charge the loss resulting from the continued use of the room to the Customer. The lump-sum compensation shall amount to €50.00 for checkout until 15:00 hrs and be equivalent to the agreed room rate per day for checkout after 15:00 hrs. The Customer shall have the right to show that the Hotel suffered no or a smaller loss.

13.4 The Customer shall not be entitled to be allocated specific rooms. If such assurance has been made by the Hotel when confirming the order but the rooms are not available, the Hotel shall be obliged to find equivalent rooms in-house or in other reasonable hotels.

14. PAYMENT, EXCLUSION OF SET-OFF

14.1 Invoices without a fixed due date shall be payable within ten days of receipt. After the expiry of this term, the Customer shall be in default even without a reminder (Section 286 of BGB). Upon the start of the delay, interest for 5% above the relevant base rate in accordance with the German Discount Rate Transitory Act (DÜG) shall be added to the invoiced amount. The Hotel shall reserve the right to substantiate and claim higher damages.

14.2 The Customer shall only be entitled to set off an undisputed or legally awarded claim against a claim of the Hotel.

15. PLACE OF PERFORMANCE, APPLICABLE LAW, PLACE OF JURISDICTION

15.1 Place of performance for both parties shall be the premises of the Hotel. German law shall prevail. Place of jurisdiction in commercial matters shall be Berlin.

16. WRITTEN-FORM REQUIREMENT, SEVERABILITY CLAUSE

16.1 Any agreements diverging from the Contract or supplementary agreements shall be made in writing to become effective. This shall also apply to any waiver of the written-form requirement.

16.2 Alternatively, disparities law shall apply with regard to all clauses in this Contract contravening Sections 305- 309 of BGB. Should a provision of this Contract for other reasons than those set out under Sections 305-309 of BGB be or become invalid, this shall not affect the Contract as such. The invalid provision shall be replaced by a provision, which reflects the commercial intent and purpose of the invalid provision in a legally effective way. The same shall apply to any omissions in the Contract.

 

Hotel Landhaus Alpinia****
Säntisstraße 32-34
12107 Berlin
Tel.: +49-30-761770
info@alpinia-berlin.de

 
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