Grefis

General Terms and Conditions

I. Scope of application

1. These General Terms and Conditions shall apply to contracts between GREFIS Hotel GmbH (hereinafter referred to as "Hotel") and the customer (hereinafter referred to as "Customer"; Hotel and Customer shall hereinafter also be referred to jointly as "Parties") concerning the rental of "hotel rooms" and apartments for accommodation, as well as all other services and deliveries provided by the Hotel for the Customer (hotel accommodation contract). The term "hotel accommodation contract" includes and replaces the following terms: accommodation contract, guest accommodation contract, hotel contract, hotel room contract.

 

2. These General Terms and Conditions shall apply to contracts between the Hotel and the Customer for the rental of conference, banquet, and event rooms (hereinafter referred to as the "Rooms") as well as for all other related services and deliveries (hereinafter referred to as the "Provision of Services").

 

3. The sub-letting or re-letting of the hotel rooms, premises, areas or showcases provided as well as the invitation to job interviews, sales or similar events require the prior consent of the hotel in text form (§ 126b BGB). § Section 540 (1) sentence 2 BGB shall not apply in commercial transactions.

 

4. 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, whether 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 or 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 IV. 4. shall apply accordingly (payment of the agreed fee).

 

5. Terms and conditions of the customer shall not apply.

II. Conclusion of the contract; -partners; -liability; statute of limitations

1. The contract is concluded by the acceptance of the customer's application by the hotel. The hotel is free to confirm the room booking in writing.

 

2. The contracting parties are the hotel and the customer. If a third party makes the booking on behalf of the customer, he shall be liable to the hotel together with the customer as joint and several debtors for all obligations arising from the hotel accommodation contract.

 

3. The hotel is liable for its obligations under the contract. In the area not typical for the service, the liability is limited to intent and gross negligence of the hotel. Reference is made to clause 5 in this context.

 

4. The limitation period for all claims of the customer is one year. Reference is made to clause 5 in this context.

 

5. This limitation of liability and short period of limitation shall also apply in favour of the hotel in the event of breach of obligations during the initiation of the contract and positive breach of contract. They do not apply in the cases of § 309 No. 7 BGB.

III. Services, Prices, Payment, Offsetting

1. The hotel must keep the premises booked by the customer ready and provide the agreed services. In the event of justified notification of non-performance, the customer is entitled to claim reimbursement for the services concerned.

 

2. The customer is obligated to pay the prices of the hotel applicable or agreed for the provision of services. This also applies to services and expenses of the hotel to third parties arranged by the customer. For the use of services in the normal hotel operation or restaurant area, which requires the provision of employees, the hotel is entitled to charge reasonable surcharges per hour started after 23:00.

 

3. The agreed prices include the applicable statutory value-added tax as well as any local taxes or levies, e.g., accommodation tax, if the customer uses the hotel rooms, premises, and other services of the hotel for private living and personal needs. Local taxes that are owed by the guest personally according to local law, such as visitor's tax, are not included in the agreed prices for contracts with private and non-private customers. Regarding contracts with non-private customers, the hotel reserves the right to indicate and/or agree on net prices. In this case, the customer is obligated to pay the net prices plus the applicable statutory value-added tax, provided that according to the statutory provisions the place of taxation is in Germany.

 

4. The agreed prices include the applicable statutory value-added tax as well as any local taxes or levies, e.g., accommodation tax, if the customer uses the hotel rooms, premises, and other services of the hotel for private living and personal needs. Local taxes that are owed by the guest personally according to local law, such as visitor's tax, are not included in the agreed prices for contracts with private and non-private customers. Regarding contracts with non-private customers, the hotel reserves the right to indicate and/or agree on net prices. In this case, the customer is obligated to pay the net prices plus the applicable statutory value-added tax, provided that according to the statutory provisions the place of taxation is in Germany.

 

5. If the period between the conclusion and fulfilment of the contract exceeds 4 months and the price charged by the hotel in general for such services increases, the hotel may increase the contractually agreed price by a reasonable amount, but not more than 15%. If the agreed price is increased by more than 15%, the customer is entitled to withdraw from the contract.

 

6. In the event of an increase in the rate of the statutory value added tax applicable at the time of the conclusion of the contract, the gross price of the contractual service shall be increased by the percentage difference of the respective value added tax rates. Accordingly, in the event of a decrease in the rate of the statutory value-added tax applicable at the time of the conclusion of the contract, the gross price shall be reduced by the difference.

 

7. The settlement shall be made in the EURO currency. In case of payment with foreign means of payment, the exchange rate differences, and bank charges shall be borne by the party obliged to pay.

 

8. The prices may be changed by the hotel if the customer subsequently requests changes in the number of booked rooms or premises, the hotel's service or the length of stay of the guests and the hotel agrees.

 

9. Invoices of the hotel are payable immediately without deduction upon receipt of the payment request. The hotel is entitled to call in accrued claims at any time and to demand payment without delay. In the event of late payment, the hotel shall be entitled to charge interest on arrears at a rate of 9% above the prime rate for companies and 5% above the prime rate for consumers.

 

10. The hotel reserves the right to claim further damages caused by delay.

 

11. The hotel is entitled to demand a reasonable advance payment or security deposit, for example in the form of a credit card guarantee, at any time. In the case of advance payments or securities for package tours, the statutory provisions remain unaffected.

 

12. In deviation from the above clause 8. and unless the amount of the advance payments and the payment dates are agreed otherwise in writing in the contract, the following advance payments shall be deemed to have been agreed:

 

a) for the accommodation of groups of 50 room nights or more

10%deposit at the conclusion of the contract as a guarantee, plus

50% deposit 90 calendar days before arrival of the group, plus

30% deposit 30 calendar days before the arrival of the group,

the rest after presentation of the invoice and when due.

 

b) for events with an order volume of 10,000 EUR or more (for room rental, framework costs, food, and beverage sales)

10 % deposit upon conclusion of the contract as a guarantee, plus

50 % deposit 90 calendar days before the start of the event, plus

30 % deposit 30 calendar days before the beginning of the event,

the remainder after presentation of the invoice and when due.

 

13. The hotel is also entitled to demand a reasonable advance payment or security deposit from the customer at the beginning of and during the stay, insofar as such has not already been provided in accordance with the above provisions.

 

14. The customer can only offset or reduce a claim of the hotel with an undisputed or legally binding claim.

 

15. The hotel has a lien on all objects brought into the hotel by the customer for its claims, § 704 BGB.

IV. “No show” | withdrawal | cancellation by customer

1. A withdrawal of the customer from the contract concluded with the hotel requires the consent of the hotel in text form (§ 126b BGB), subject to clause IV. no. 4. For the rest, reference is made to clause 6.

 

2. Subject to clause IV. no. 4, the agreed fee shall be paid for rented hotel rooms even if the consent pursuant to clause 1 is not given, the booking is cancelled by the customer or the customer does not appear. The hotel must consider the value of the saved expenses as well as those advantages that it obtains from renting the room to another party. In the event of unjustified cancellation, the customer is generally obligated, subject to clause IV. no. 4, to pay 90% of the contractually agreed price for overnight accommodation with or without breakfast, 70% for half-board and 60% for full-board arrangements. However, the customer is entitled to prove that the hotel has suffered no damage at all or significantly less damage. For the rest, reference is made to clause 6.

 

3. For other rented rooms, which are not hotel rooms according to clause 2, the agreed fee is payable subject to clause IV. no. 4 even if the written consent according to clause 1 is not given, the booking is cancelled by the customer or the customer does not appear. In the event of unjustified withdrawal from the contract by the customer (cancellation), the hotel is entitled, after deduction of any expenses saved, to demand 90% of the total order amount (including the lost food sales) in the event of cancellation up to 4 working days before the start of the event and 100% of the total order amount (including the lost food sales) in the event of later cancellation. If no price has been agreed for the meals, the 3-course menu with the highest price value of the respective valid event offer shall be taken as a basis. The customer has the right to prove that no damage or significantly lower damage has been incurred, and the hotel has the right to prove higher damage. For the rest, reference is made to clause 6.

 

4. For room reservations of 10 rooms or more, the following cancellation rules apply:

30 days before arrival: free of charge

20 days before arrival: 50%

10 days before arrival: 80%

5 days prior to arrival: 90%.

 

5. For room reservations regardless of the number during a confirmed trade fair / Oktoberfest period, the following separate cancellation rules apply:

15 weeks prior to arrival: free of charge

12 weeks prior to arrival: 25%

9 weeks prior to arrival: 50%

6 weeks before arrival: 75%

3 weeks before arrival: 90%

 

6. Services provided by third parties or special services (e.g., cakes, flowers, event technology, etc.) that become useless because of the cancellation must be paid for in full by the customer.

 

7. The foregoing clauses shall not apply in the event of a breach of the hotel's obligation to show consideration for the rights, legal assets, and interests of the customer, if the customer can no longer reasonably be expected to adhere to the contract or if the customer is entitled to any other statutory or contractual right of withdrawal.

V. Withdrawal by the hotel

1. If the customer's right to withdraw from the contract within a certain period has been agreed upon in writing, the hotel is entitled to withdraw from the contract within this period if there are requests from other customers for the contractually booked rooms and the customer does not waive his right to withdraw from the contract upon inquiry by the hotel.

 

2. If and to the extent that advance payments have been agreed with the customer and the customer fails to make such payments within a reasonable grace period set by the hotel with the threat of refusal, the hotel shall be entitled to withdraw from the contract.

 

3. Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for an objectively justified reason, for example if:

- force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract, such as strikes or power outages

- rooms and rooms are booked under misleading or false information of essential facts, e.g., in the person of the customer or the purpose.

- the hotel has reasonable grounds to believe that the use of the hotel services may jeopardize the smooth operation of the business, the safety, or the reputation of the hotel in public, without this being attributable to the hotel's sphere of control or organization. 

- the purpose or reason for the stay is unlawful.

- there is a violation of Item I, Number 3 of these General Terms and Conditions; the customer thus sublets or rents out the rooms provided as well as uses them for purposes other than lodging without the hotel's prior written consent.

- the customer has made a statement of assets in accordance with § 802c of the German Code of Civil Procedure (ZPO); insolvency or composition proceedings are opened against the customer's assets.

 

4. The customer undertakes to inform the hotel without delay, but no later than upon conclusion of the contract, if the use of the other premises, the service conditions entitling the customer to participate in an event and/or the customer's event, whether due to its political, religious, or other character, is likely to cause public interest or to affect the interests of the hotel. Newspaper advertisements, other advertising measures and publications that have a connection to the hotel 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.

 

5. In the event of justified withdrawal by the hotel, the customer shall have no claim for damages. In the event of claims for damages by the hotel, the statutory provisions shall apply.

 

6. The right of the hotel to claim damages is not affected by the withdrawal.

VI. Room provision, handover, and return

1. The customer does not acquire the right to the provision of certain rooms.

 

2. Unless otherwise agreed with the customer, hotel rooms are available on the day of arrival from 15:00 (check-in time). The customer has no right to earlier provision. If the customer can only arrive on the day following the start of the booking, the hotel is only obliged to keep the rooms booked by the customer free until the check-out time at 11:00 a.m. on this day if the customer notifies the hotel of his late arrival on the original arrival day.

 

 

3. On the agreed day of departure, the rooms must be vacated and made available to the hotel no later than 11:00 a.m. (check-out time). After this time, the hotel may charge 50% of the full accommodation price (list price) for the additional use of the room until 2:00 p.m., and 100% thereafter. Any further claims for damages by the hotel remain reserved. Contractual claims of the customer are not justified by this. The customer is free to prove that the hotel has no or a significantly lower claim for compensation for use.

 

4. After the check-out time the customer can deposit his luggage in the luggage room and in the lockers provided for this purpose until the departure.

 

5. In case of extension of the period of stay for apartment bookings, a new reservation must be made up to 14 days before the end of the contract. Tacit extension of the reservation is excluded. The customer's failure to move out in time constitutes unlawful interference. The hotel is entitled to make use of its right of self-help, to take possession of the studio and to store the guest's belongings in a storeroom at the guest's expense and risk while exercising a lien.

VII. Number of participants | account settlement for events

1. The customer is obligated to inform the hotel of the expected number of participants of the planned event upon conclusion of the contract. A change in the number of participants by more than 5% must be notified to the hotel no later than five working days before the start of the event; it requires the written consent of the hotel.

 

2. In the case of the calculation of services, which the hotel carries out according to the number of registered persons (for example, for meals, drinks, etc.), the actual number of persons will be calculated in the event of an increase in the registered and contractually agreed number of participants.

 

3. A reduction in the number of participants by the customer by a maximum of 5% will be recognized by the hotel in the settlement. In the event of deviations exceeding this, the originally agreed number of participants less 5 % shall be taken as a basis. The customer has the right to reduce the agreed price by the expenses saved due to the lower number of participants, which must be proven by the customer.

 

4. If the agreed start and end times of the event are postponed without the prior written consent of the hotel, the hotel may charge additional costs for the provision of services, unless the hotel is responsible for the postponement.

 

5. In the case of events that extend beyond 11:00 p.m., the hotel may invoice the personnel expenses from this time onwards based on an itemized bill, insofar as the agreed remuneration does not already consider a period beyond 11:00 p.m. Furthermore, the hotel may charge employees for travel expenses based on the itemized bill if they must make their way home after the end of the public transport service.

VIII. Bringing food and beverages to events

1. The customer may not bring food and beverages to events. Exceptions require a written agreement. In this case, a fee will be charged. The hotel is not liable for damage caused by food brought to the event unless the hotel is guilty of intent or negligence.

 

2. The hotel assumes no liability for damages caused by food and beverages taken away by the customer or third parties after an event unless the hotel is guilty of intent or negligence.

IX. Technical facilities and connections for events

1. If the hotel procures technical and other equipment from third parties for the customer at the customer's instigation, it shall act in the name of, on the authority of and for the account of the customer. The customer shall be liable for the careful handling and proper return of such equipment and shall indemnify the hotel against all claims of third parties arising from the procurement and provision of such equipment unless such claims are based on a fault of the hotel.

 

2. In the case of installations of technical structures and equipment, the hotel may demand that these be approved by TÜV or a comparable testing company and that the customer submit the technical test certificate to the hotel without delay and without being requested to do so.

 

3. The use of the customer's own electrical equipment using the hotel's electricity network requires the customer's written consent. The hotel is entitled to charge a flat-rate usage fee for this. The customer shall be liable for any disruptions or damage to the hotel's technical equipment caused using his equipment, insofar as such disruptions or damage do not fall within the hotel's sphere of responsibility. If damage occurs to the property of third parties or to third parties, the customer shall be solely liable for this and shall indemnify the hotel against claims of third parties.

 

4. The customer is entitled, with the hotel's consent, to use his own telephone, fax, and data transmission equipment; the hotel may charge a connection fee for this.

 

5. The hotel shall immediately remedy any malfunctions of technical or other equipment provided by the hotel, if possible. Payments may not be withheld or reduced insofar as the hotel is not responsible for these disruptions.

 

6. The customer is obligated to make the appropriate notifications and settlements with GEMA in the event of the music performance arranged by him.

 

7. The customer must obtain the official permits required for an event in good time at its own expense.

X. Liability, decoration material, exhibits at events

1. Deliveries of materials for an event must be notified to the hotel five (5) business days prior to delivery to ensure acceptance and appropriate storage.

 

2. Any exhibition or other items, including personal items, carried by the customer are in the event rooms or in the hotel at the customer's risk. The hotel assumes no liability for loss, destruction, or damage, including financial losses, except in the case of gross negligence or intent on the part of the hotel. This does not apply to damages resulting from injury to life, body, freedom, or health. In addition, all cases in which the negligence due to the circumstances of the individual case represents a typical contractual obligation of the hotel are excluded from this exemption from liability. The legal liability according to §§ 701 ff. BGB remains unaffected.

 

3. Any decoration material brought along must comply with the fire protection requirements. The hotel is entitled to demand official proof of this. If such proof is not provided, the hotel is entitled to remove any material already brought in at the customer's expense. Due to possible damage, the installation and attachment of objects in the hotel must be agreed with the hotel in advance.

 

4. The customer must immediately remove the exhibition or other objects brought along after the end of the event. In the event of a breach of the obligation under sentence 1, the hotel is entitled to remove and store at the expense of the contracting party or to charge an appropriate room rent for the duration of the stay. The customer is free to prove that the above claim has not arisen or has not arisen in the amount demanded.

 

5. Packaging material (cardboard boxes, crates, plastic, etc.) delivered by the customer must be disposed of by the customer after the event or taken back. If the customer does not comply with this, the hotel may dispose of the packaging material at the customer's expense.

 

6. The above provisions shall also apply to items rented from outside companies and brought into the hotel's premises on behalf of the customer.

XI. Liability of the customer for damages

1. The customer is liable for all damages to the building or inventory of the hotel caused by him, by event participants or visitors, employees, other third parties.

 

2. The hotel may require the customer to provide appropriate security (e.g., insurance, deposits, guarantees).

XII. General liability of the hotel; time-barring

1. The liability of the hotel for its own fault and the fault of its vicarious agents is limited to intent and gross negligence, irrespective of the legal grounds, but subject to clause 2.

 

2. The hotel is liable for culpable injury to life, limb, or health of a natural person even in the case of simple negligence. In addition, the hotel shall also be liable for the breach of an essential contractual obligation due to simple negligence, however, limited in total to the financial disadvantages that the hotel should have foreseen as a possible consequence of the breach of contract upon conclusion of the contract. Material contractual obligations in the sense are obligations the fulfilment of which is essential for the proper execution of the contract and the achievement of the purpose of the contract, and compliance with which the customer may regularly rely on in accordance with the content and purpose of the contract. The hotel shall be liable without limitation for culpable injury to life, limb, or health of a natural person. The same applies to any claims under the Product Liability Act.

 

3. Should the event actually not be able to be held, in whole or in part, due to official orders in effect at the time of the event, in particular those relating to the containment of the COVID 19 pandemic and/or a further wave of the COVID 19 pandemic and/or a subsequent pandemic - for example, due to an event ban and/or capacity restrictions and/or hygiene regulations (such as distance regulations, etc.) for the event rooms, which do not permit the event to be held - the parties agree that the hotel is not responsible for such impossibility. Against this background, any liability of the hotel for the cancellation of the event is expressly excluded. This does not apply to injury to life, limb, or health for which the hotel is responsible, or to injury due to gross negligence.

 

4. Items carried by the customer are at the risk of the customer in the hotel. The hotel assumes no liability for loss, destruction, or damage, except in cases of gross negligence or intent.

 

5. The legal liability according to §§ 701 ff. BGB remains unaffected by clause 4. The hotel shall be liable to the customer for any items brought into the hotel in accordance with the statutory provisions, i.e., up to 100 times the room rate, up to a maximum of EUR 3.500,00 and for money, securities, and valuables up to EUR 800,00. Money, securities, and valuables can be stored in the room safe up to a maximum value of the insurance sum of 800,00 EUR provided for the respective hotel. The hotel recommends the customer to make use of this possibility. The liability claims expire if the customer does not notify the hotel immediately after becoming aware of the loss, destruction, or damage, § 703 BGB.

 

6. Insofar as a parking space is made available to the customer in the hotel garage or in a hotel parking lot - whether free of charge or against payment - this shall not constitute a contract of management within the meaning of §§ 688 ff. BGB (German Civil Code). The hotel is not liable for loss of or damage to the vehicle or its contents, except in cases of intent or gross negligence.

 

7. The hotel carries out wake-up orders with the utmost care. Claims for damages that are not based on gross negligence or intent are excluded.

 

8. Messages, mail, and merchandise shipments for the customers are handled with care. The hotel takes over the delivery, storage and - on request - the forwarding against payment. Claims for damages that are not based on gross negligence or intent are excluded.

 

9. Objections to telephone bills may only be raised within one month of receipt.

 

10. All claims against the hotel are subject to a limitation period of one year from the beginning of the knowledge-dependent regular limitation period of § 199 para. 1 BGB. Claims for damages shall become statute-barred after five years from the time of the damaging event, irrespective of knowledge. The reductions in the statute of limitations do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel or its vicarious agents or injury to life, limb, or health.

XIII. Liability of the customer

1. If the customer smokes in a non-smoking room, he undertakes to pay to the hotel a contractual penalty in the amount of EUR 200,00.

 

2. The hotel points out that all room furnishings (including decoration) are inventoried. Should the hotel discover that individual furnishings are missing immediately after the room is returned, the hotel is entitled to charge the customer for the cost of replacement. Furthermore, the hotel reserves the right to claim damages from the customer due to vandalism, heavy soiling of rooms and other premises.

XIV. Lost and Found

1. Left behind things will be forwarded only upon request. The hotel will keep left behind items for 6 months. After this time, the items will be disposed of.

 

XV. Information on resolution of consumer disputes

1. Regarding the law on alternative dispute resolution in consumer matters (VSBG), the hotel points out that it is neither legally obligated nor voluntarily willing to participate in a dispute resolution procedure before a consumer arbitration board.

 

2. Nevertheless, the hotel refers to the European Online Dispute Resolution Platform, which is available at http://ec.europa.eu/consumers/odr, for all contracts concluded in electronic legal transactions.

 

XVI. Final Provisions

1. Amendments or supplements to the contract, the acceptance of the application or these General Terms and Conditions must be made in writing. A change of form also requires the written form. Unilateral amendments or supplements by the customer are invalid.

 

2. Place of performance and payment is the registered office of the hotel.

 

3. The exclusive place of jurisdiction shall be the registered office of the hotel. If a contractual partner does not have a general place of jurisdiction in Germany, the registered office of the hotel shall be expressly agreed as the place of jurisdiction.

 

4. The law of the Federal Republic of Germany shall apply. The validity of the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws is excluded.

 

5. Should individually provisions of these General Terms and if individual provisions of these General Terms and Conditions of Business are or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.

Translation

Translation from the German original-version. The German original-version has absolute priority above translations.