General Terms and Conditions for Tour Operators (TCO)
1
Scope of Applicability and Definitions
1.1
These terms and conditions govern all contracts which are concluded between the hotel and a tour operator related to hotel services for single travellers and/or travel groups (Hotel Accommodation Contract). These shall not apply for the booking of rooms or groups of rooms for events such as conferences, seminars, etc.
1.2
The term “Hotel Accommodation Contract” comprises and replaces the following terms: reservation contract, group room contract, accommodation, lodging, hotel and hotel room contract
1.3
Hotel services are all services such as hotel room, meal arrangements and other offers agreed upon between the tour operator and the hotel and to be performed by the hotel.
1.4
The customers of the tour operator for whom hotel services are booked are designated in the following as “single traveller” or “travel group” (jointly also referred to as “guests”). A travel group is comprised of at least 15 persons who are organized uniformly for one joint trip purpose and who as a rule arrive and leave on the same day
1.5
The general terms and conditions of the tour operator shall apply only if these are previously expressly agreed.
2
Conclusion of Contract and Statute of Limitations
2.1
The contract comes into force upon the hotel’s acceptance of the tour operator’s offer. At its discretion, the hotel may confirm the reservation in written form.
2.2
Any claims against the hotel shall generally be time-barred one year after the commencement of the general statute of limitations period. Damage claims shall be time-barred after five years, dependent on the knowledge thereof, insofar as they are not based on claims arising out of harm inflicted on life, limb, physical health or liberty. These damage claims shall be time-barred after ten years, independent of knowledge thereof. 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.
3
Rights and Obligations of the Tour Operator
3.1
The tour operator is obligated to notify the hotel of his number of reservations as early as possible or upon demand. The hotel is to be informed hereof, however, at the latest 30 days before the arrival date. At the same time, all necessary information is to be given to the hotel regarding the hotel services pursuant to No. 1.3 hereof.
3.2
The tour operator is obligated to pay the agreed prices or, if no prices are agreed, the listed prices or, respectively, the normal prices of the hotel for the hotel services according to No. 1.3 and the additional services it has received. This also applies to services ordered by the tour operator directly or via the hotel, which a third party provides and the hotel disburses.
3.3
The guests only have a claim to the hotel services pursuant to No. 1.3. The tour operator is obligated to inform his guests of this fact and to obligate them to provide reasonable security upon the request of the hotel, e.g. by deposit of credit card guarantees, for any use of services in addition hereto. This shall apply also to guests who have vouchers/coupons. Should no security be given by the guest in spite of respective request of the hotel and should the guest fail to pay, then the services made use of shall be paid for by the tour operator
3.4
The tour operator must inform his guests regarding all circumstances and conditions relevant for the stay, in particular, regarding the regulation related to liability of the hotel pursuant to No. 8 hereof.
3.5
The tour operator shall name a contact person to the hotel, upon the hotel’s request, who shall represent this travel group for all questions related to the care of the tour operator’s travel group
4
Rights and Obligations of the Hotel
4.1
The hotel is entitled to require a reasonable advance payment or a security, such as a credit card guarantee, from the tour operator upon conclusion of the contract. The amount of the advance payment and payment dates may be agreed in written form in the contract. The hotel shall confirm the receipt of an advance payment or a security.
4.2
In justified cases, e.g. default of payment by the tour operator or expansion of the scope of the contract, the hotel shall be entitled, also after conclusion of the contract up to the commencement of the stay, to demand an advance payment or a security within the meaning of No. 4.1 hereof or an increase of the advance payment or a security agreed upon in the contract up to the total agreed remuneration.
4.3
The hotel is not entitled to undertake unilateral changes to the agreed hotel services. Changes shall only be legally valid with the consent of the tour operator.
4.4
The tour operator acquires no claim to the provision of certain rooms insofar as not expressly agreed.
4.5
Reserved rooms shall be available to the tour operator as of 3:00 p.m. on the agreed arrival date. The tour operator does not have the right to earlier occupancy.
4.6
The rooms of the hotel shall be vacated on the agreed departure date by 11:00 a.m. at the latest. Thereafter, due to the delayed vacating of the room for use exceeding the contractual time, the hotel can charge 50 % 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%). No contractual claims of the tour operator shall be established hereby. The tour operator is at liberty to prove that the hotel has no or a much lower claim for charges for use of the room.
5
Prices, Payment, Set-Off
5.1
The agreed prices include all taxes and local taxes in effect at the time of the conclusion of contract, insofar as prices were not expressly agreed upon without value added tax. This does not include locally levied taxes, which are owed by the guest according to the particular municipal law, such as visitor’s tax. If the statutory value added tax is changed or if local taxes concerning the rooms and services are newly introduced, changed or abolished after these have been contractually agreed upon, the prices will be adjusted.
5.2
The agreed prices are only valid in connection with further services, which are offered to the end customer bundled as a service package. They may not be offered to the end customer or third parties as unit prices for single overnight stays (non-packages) through distribution channels (in particular online). The tour operator is obligated to make all of its partners and agents compliant with this clause
5.3
Hotel invoices not stating a due date are payable without deduction and due within ten days of receipt of the invoice. The hotel can demand immediate payment of due debt from the tour operator at any time. With default of payment, the hotel shall be entitled to demand the respectively applicable statutory default interest. The hotel reserves the right to prove greater damage.
5.4
The tour operator may only set-off or clear a claim of the hotel against a claim which is undisputed or decided with final, res judicata effect.
5.5
Agreements regarding any payment of a commission must be made either in the Hotel Accommodation Contract or in an agreement to be concluded simultaneously. In the case that more than one tour operator is responsible for the same reservation, the hotel shall only have to pay the commission once.
5.6
The tour operator is in agreement with the invoice being sent to the customer by electronic transmission.
6
Withdrawl by Tour Operator (Cancellation, Annulment)
Failure to Use Hotel Services (No Show)
6.1
Cancellation by the tour operator of the contract concluded with the hotel is only possible if a right of cancellation has been expressly agreed in the contract, another statutory right of cancellation exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of cancellation and any consent to the cancellation of the contract shall be made in text form.
6.2
If the hotel and the tour operator have agreed on a date for a cost-free cancellation of the contract, the tour operator may cancel the contract up to that date without incurring payment or damage compensation claims by the hotel. The tour operator's right of cancellation shall expire if it does not exercise its right of cancellation towards the hotel by the agreed date.
6.3
If a right of cancellation has not been agreed or has already expired, there is no statutory right of cancellation or termination and the hotel does not agree to the cancellation of the contract, the hotel shall retain the claim to the agreed remuneration despite non-utilisation of the service. The hotel must offset the income from renting the rooms to other parties and the expenses saved. If the rooms are not rented to other parties, the hotel may make a lump-sum deduction for saved expenses. In this case, the tour operator is obliged to pay at least 90% of the contractually agreed price for accommodation with or without breakfast and for package arrangements with third-party services, 70% for half-board and 60% for full-board arrangements. The tour operator is at liberty to prove that the above-mentioned claim did not arise or did not arise in the amount demanded.
7.1
Insofar as it was agreed in the contract that the tour operator can withdraw from the contract at no cost, in whole or in part, within a certain period of time, the hotel is entitled for its part to withdraw from the contract to the same extent during this period of time if inquiries from third parties regarding the contractually reserved rooms exist and the tour operator, upon inquiry thereof by the hotel with the setting of a reasonable deadline, does not waive his right of withdrawal.
7.2
If an agreed advance payment or an advance payment or a security demanded pursuant to No. 4.1 and/or No. 4.2 is not made even after a reasonable grace period set by the hotel has expired, then the hotel is likewise entitled to withdraw from the contract.
7.3
Moreover, the hotel is entitled to effect extraordinary withdrawal from the contract for a materially justifiable cause, in particular if
- force majeure or other circumstances beyond the hotel’s control render the fulfilment of the contract impossible;
- rooms or spaces are reserved with culpably misleading or false information or concealment regarding material facts; the identity of the tour operator or the guest can constitute an essential fact as well as its solvency or the purpose of the stay;
- 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;
- the purpose or the cause of the stay is illegal.
7.4
The justified withdrawal by the hotel constitutes no claim for damages for the tour operator.
8.1
The hotel is liable for harm inflicted on life, limb and physical health. Further it is liable for other damage caused with full intent or gross negligence or due to intentional or grossly negligent violation of obligations 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 vicarious agent. All other claims for damages are excluded, if not determined differently in this No. 8. Should disruptions or defects in the performance of the hotel occur, the hotel shall act to remedy such upon knowledge thereof or upon objection by the tour operator made without undue delay. The tour operator or the guest shall be obliged to undertake actions reasonable for him to eliminate the disruption and to keep any possible damage to a minimum.
8.2
The hotel is liable to the guest for property brought into the hotel in accordance with the statutory provisions. It recommends the use of the hotel or room safe. If the guest wishes to bring with him money, securities, stocks, bonds or valuables with a value of more than 800 EUR or other things with a value of more than 3500 EUR, a separate safekeeping agreement is necessary
8.3
Insofar as a parking space is provided to the tour operator in the hotel garage or a hotel parking lot, this does not constitute a safekeeping agreement, even if a fee is exchanged. The hotel only assumes liability for loss of or damage to motor vehicles parked or manoeuvred on the hotel’s property and the contents thereof only pursuant to the preceding No. 8.1, sentences 1 to 4.
8.4
Wake-up calls are carried out by the hotel with greatest possible diligence. Messages, mail, and merchandise deliveries for guests shall be handled with care. The hotel will deliver, hold, and for a fee, forward such items (on request). The hotel only assumes liability according to the preceding No. 8.1, sentences 1 to 4.
9.1
Amendments and supplements to the contract, the acceptance of offers or these general terms and conditions should be made in written form. Unilateral amendments or supplements by the tour operator are invalid.
9.2
For commercial transactions the place of performance and payment as well as, in the event of litigation, including disputes for checks and bills of exchange, the exclusive court of jurisdiction is at Bockhorn (Jadebusen), Germany. Insofar as a contracting party fulfills the requirements of section 38, para. 2 of the German Code of Civil Procedure (ZPO) and does not have a place of general jurisdiction within the country, the courts at Bockhorn (Jadebusen), Germany shall have jurisdiction.
9.3
The contract is governed by and shall be construed in accordance with German Law. The application of the UN Convention on the International Sale of Goods and the Conflict Law are precluded.
9.4
In compliance with its statutory obligation the hotel points out that the European Union has set up an online platform for the extrajudicial resolution of consumer disputes (“ODR platform”):
https://ec.europa.eu/consumers/odr/.The hotel undertakes to participate. Additional information is available on the ODR platform, cf. Art. 14 (2) ODR Regulation.
9.5
Should individual provisions of these general terms and conditions be or become invalid or void, the validity of the remaining provisions shall remain unaffected thereby. The statutory provisions shall also be applicable.
General Terms and Conditions for Events (TCE)
1.1
These terms and conditions shall apply to contracts for the rental of the hotel’s conference, banquet, and convention rooms for events such as banquets, seminars, conferences, exhibitions and presentations, etc., as well as all other additional services and goods performed/provided in connection therewith by the hotel for the customer
1.2
The hotel’s prior consent in written form is required if the rooms, areas, or display cases are to be rented or sublet to a third party, or if invitations are issued for introductory interviews, sales promotions, or similar events, whereby section 540, para. 1, sentence 2 German Civil Code (BGB) is waived insofar as the customer is not a consumer.
1.3
The customer’s general terms and conditions shall apply only if this is previously expressly agreed.
2
Conclusion of Contract, Parties, Liability, Statute of Limitations
2.1
The hotel and the customer are the contracting parties. The contract shall come into force upon the hotel’s acceptance of the customer’s offer. At its discretion, the hotel may confirm the room reservation in written form.
2.2
The hotel is liable for harm inflicted on life, limb and physical health. Further it is liable for other damage caused with full intent or gross negligence or due to intentional or grossly negligent violation of obligations 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 vicarious agent. All other claims for damages are excluded, if not determined differently in this No. 9. Should disruptions or defects in the performance of the hotel occur, the hotel shall act to remedy such upon knowledge thereof or upon objection by the customer made without undue delay. The customer shall be obliged to undertake actions reasonable for him to eliminate the disruption and to keep any possible damage to a minimum. In addition, the customer shall be obliged to notify the hotel in due time if there is a possibility that extraordinarily extensive damage may be incurred.
3
Services, Prices, Payment, Set-Off
3.1
The hotel is obligated to render the services ordered by the customer and agreed upon by the hotel.
3.2
The customer is obligated to pay the agreed or applicable hotel prices for rooms provided and for other services accepted. This also applies to services ordered by the customer directly or via the hotel, which a third party provides and the hotel disburses. In particular, this applies to claims of copyright collecting agencies.
3.3
If a minimum turnover has been agreed and this is not achieved, the hotel may demand 60% of the difference as loss of profit, unless the customer can prove lower damages or the hotel can prove higher damages.
3.4
The agreed prices include the taxes applicable at the time the contract is concluded. If the statutory value added tax changes after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between conclusion of the contract and fulfilment of the contract exceeds four months.
3.5
If payment on account has been agreed, payment must be made without deduction within ten days of receipt of the invoice, unless otherwise agreed.
3.6
The hotel is entitled to require a reasonable advance payment or a security, such as a credit card guarantee, from the customer upon conclusion of the contract. The amount of the advance payment and payment dates may be agreed in written form in the contract. The statutory provisions shall apply if the customer is in default of payment.
3.7
In justified cases, e.g. the customer’s default in payment or expansion of the scope of the contract, the hotel shall be entitled, also after the conclusion of the contract up to the commencement of the event, to demand an advance payment or a security within the meaning of the above-mentioned No. 3.6 or an increase of the advance payment or a security agreed in the contract up to the total agreed remuneration.
3.8
The customer may only set-off, reduce or clear a claim of the hotel with a claim which is undisputed or decided with final, res judicata effect.
3.9
Der Kunde ist damit einverstanden, dass ihm die Rechnung auf elektronischem Weg übermittelt werden kann.
4
Withdrawal of the Customer (Cancellatioin, Annulment)
4.1
The customer can only withdraw from the contract concluded with the hotel, if a right of withdrawal was explicitly agreed upon in the contract, another statutory right of withdrawal exists or if the hotel gives its explicit consent to the withdrawal.
4.2
Insofar as the hotel and customer have agreed upon 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 towards the hotel by the agreed date.
4.3
If a right of cancellation pursuant to 4.1 has not been agreed or has already expired and there is also no statutory right to cancel the contract free of charge, the hotel shall retain the claim to the agreed remuneration pursuant to Sections 3.3, 4.4, 4.5 and 4.6 despite non-utilisation of the service. The hotel must offset the income from other rentals and the expenses saved. The expenses saved in each case may be calculated as a lump sum, in the case of individually itemised rental prices in the amount of 10%, otherwise in accordance with Clauses 3.3, 4.4, 4.5 and 4.6. The customer is at liberty to prove that the claim did not arise or did not arise in the amount claimed. The hotel is at liberty to prove that a higher claim has arisen.
4.4
If the customer only cancels from the 60th day before the date of the event, the hotel is entitled to charge 35% of the lost consumption turnover in addition to the agreed rental price (less any income or saved expenses in accordance with 4.3 sentence 2) as well as the services disbursed in accordance with section 3.2 sentence 2 and/or an agreed minimum turnover in accordance with section 3.3, 60% of the consumption turnover from the 30th day and 85% from the 10th day. In the case of events lasting several days, the first day of the event shall be decisive for the calculation of the deadline. The customer is at liberty to prove that the claim did not arise or did not arise in the amount claimed. The hotel is at liberty to prove that a higher claim has arisen.
4.5
The calculation of the consumption turnover is based on the formula Agreed menu price plus drinks x 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.
4.6
If a conference flat rate per participant has been agreed, the hotel is entitled to charge 60% of the conference flat rate x agreed number of participants in the event of cancellation from the 60th day before the event date, 75% in the event of cancellation from the 30th day and 85% from the 10th day. In the case of events lasting several days, the first day of the event shall be decisive for calculating the cancellation period. The customer is at liberty to prove that the claim did not arise or did not arise in the amount claimed. The hotel is at liberty to prove that a higher claim has arisen.
5
Withdrawal of the Hotel
5.1
Insofar as it was agreed that the customer can withdraw from the contract at no cost within a certain period of time, the hotel is entitled for its part to withdraw from the contract during this period of time, if inquiries from other customers regarding the contractually reserved event rooms exist and the customer, upon inquiry thereof by the hotel, does not waive his right of withdrawal.
5.2
If an agreed advance payment or an advance payment or a security demanded pursuant to No. 3.5 and/or No. 3.6 is not made even after a reasonable grace period set by the hotel has expired, then the hotel is likewise entitled to withdraw from the contract.
5.3
Moreover, the hotel is entitled to effect extraordinary withdrawal from the contract for a materially justifiable cause, in particular if
- force majeure or other circumstances beyond the hotel’s control render the fulfilment of the contract impossible;
- events or rooms are culpably booked with misleading or false information or concealment of material facts; material facts may include the identity of the customer, the ability to pay or the purpose of the stay;
- 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;
- the purpose or the cause of the stay is illegal;
- there is a breach of the above-mentioned No. 1.2.
5.4
The justified cancellation of the hotel does not constitute a claim for damages on the part of the customer. Should the hotel have a claim for damages against the customer in the event of cancellation in accordance with the above Section 5.2 or 5.3, the hotel may charge a lump sum. Clauses 4.3 to 4.6 shall apply accordingly in this case.
6
Changes in Number of Participants and Time of Event
6.1
An increase of the number of participants by more than 5 % must be communicated to the hotel no later than five working days before the beginning of the event; the hotel must give its consent, preferably in written form. The invoice will be calculated on the basis of the actual number of participants and will be based on at least 95 % of the agreed higher number of participants. If the actual number of participants is lower, the customer has the right to reduce the agreed price by the expenses saved - to be proven by him - due to the lower number of participants.
6.2
A reduction in the number of participants of more than 5 % must be communicated to the hotel no later than five working days before the beginning of the event. The invoice is based on the actual number of participants, at least 95% of the finally agreed number of participants though. No. 6.1 sentence 3 applies accordingly.
6.3
If the number of participants changes by more than 10 %, the hotel shall be entitled to redetermine the agreed prices and to exchange the confirmed room reservations unless this is unreasonable for the customer.
6.4
If the event’s agreed starting or ending times change and the hotel agrees to such deviations, the hotel may reasonably charge for the added cost of stand-by service, unless the hotel is at fault.
7
Bringing of Food and Bevarages
7.1
The customer may not bring food or beverages to events. Exceptions must be agreed with the hotel. In such cases, a charge will be made to cover overhead expenses.
8
Technical Facilities and Connections
8.1
To the extent the hotel obtains technical and other facilities or equipment from third parties for the customer at the customer’s request, it does so in the name of, with power of attorney and for the account of the customer. The customer is liable for the careful handling and proper return of the equipment. The customer shall indemnify the hotel against all third-party claims arising from the provision of the facilities or equipment.
8.2
Consent is required for the use of the customer’s electrical systems on the hotel's electrical circuit. The customer shall be liable for malfunctions of or damage to the hotel’s technical facilities caused by using such equipment, to the extent that the hotel is not at fault. The hotel may charge a flat fee for electricity costs incurred through such usage.
8.3
The customer is entitled to use his own telephone, fax, and data transfer equipment with the hotel’s consent. The hotel may charge a connection fee.
8.4
The customer must obtain any official authorisations required for the event in good time and at his own expense. The customer shall be responsible for compliance with public-law requirements and other regulations.
8.5
The customer is responsible for handling the formalities and settlements required in the context of copyright-relevant processes (e.g. music performances, film screenings, streaming services) with the responsible institutions (e.g. GEMA).
8.6
Malfunctions of technical or other equipment provided by the hotel will be remedied promptly whenever possible. To the extent the hotel was not responsible for such malfunctions, payment may not be withheld or reduced.
9
Loss of or Damage to Property Brought In
9.1
Customer shall bear the risk of damage or loss of objects on exhibit or other items including personal property brought into the event rooms/hotel. The hotel assumes no liability for loss, destruction, or damage to or of such objects, also not for property damages, with the exception of cases of gross negligence or intent on the part of the hotel. Excepted herefrom are cases of damage caused as a result of harm inflicted on life, limb and physical health. In addition, in all cases in which the safekeeping represents a contractually typical obligation due to the circumstances of the individual case, release from this liability shall be prohibited.
9.2
Decorations brought in must conform to the fire protection technical requirements. The hotel is entitled to require official evidence thereof. Should such proof not be given, then the hotel shall be entitled to remove materials already brought in at the cost of the customer. Due to the possibility of damage, the hotel must be asked before objects are assembled or installed.
9.3
Objects on exhibit and other items must be removed immediately following the end of the event. If the customer fails to do so, the hotel may remove and store such at the customer’s expense. If the objects remain in the room used for the event, the hotel may charge a reasonable compensation for use for the period that they remain there.
10
Customer's Liability for Damage
10.1
Insofar as the customer is an entrepreneur, he shall be liable for all damage to buildings or furnishings caused by participants in or visitors to the event, employees, other third parties associated with the customer and the customer itself.
10.2
The hotel may require the customer to provide reasonable security, such as a credit card guarantee.
11.1
Amendments and supplements to the contract, the acceptance of offers, or these general terms and conditions should be made in written form. Unilateral amendments or supplements by the customer are invalid.
11.2
If the customer is a merchant or a legal entity under public law, the exclusive place of jurisdiction is Bockhorn (Jadesbusen). However, the hotel may also choose to sue the customer at the customer's domicile. The same applies to customers who do not fall under sentence 1 if they are not domiciled or resident in a member state of the EU.
11.3
The contract is governed by and shall be construed in accordance with German law. The application of the UN Convention on the International Sale of Goods and the Conflict Law are precluded.
11.4
https://ec.europa.eu/consumers/odr/.The hotel undertakes to participate. Additional information is available on the ODR platform, cf. Art. 14 (2) ODR Regulation.
11.5
Should individual provisions of these general terms and conditions for Events be or become invalid or void, the validity of the remaining provisions shall remain unaffected thereby. The statutory provisions shall also be applicable.
