1. SCOPE
1.1 These terms and conditions apply to contracts for the rental provision of conference, banquet, exhibition, and event rooms of the Golf Hotel Vesper (hereinafter referred to as the Hotel) for the purpose of conducting events such as banquets, seminars, conferences, exhibitions, presentations, etc., as well as for all additional services and deliveries provided by the hotel to the customer in this context.
1.2 The subletting or further rental of the provided rooms, spaces, or showcases as well as the invitation to interviews, sales, or similar events require prior written consent from the hotel, with § 540 para. 1 sentence 2 of the German Civil Code (BGB) being waived unless the customer is a consumer.
1.3 The customer’s general terms and conditions shall only apply if expressly agreed upon in writing beforehand.
2. CONTRACTUAL AGREEMENT, PARTNERSHIP, LIABILITY, STATUTE OF LIMITATIONS
2.1 The parties to the contract are the hotel and the customer. The contract is concluded when the hotel accepts the customer’s offer. The hotel may choose to confirm the booking of the event in written form.
2.2 The hotel is liable for damages caused by it resulting from injury to life, body, or health. Furthermore, it is liable for other damages resulting from intentional or grossly negligent breaches of duty by the hotel or from intentional or negligent breaches of contractually typical duties of the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages, unless otherwise regulated in Clause 11, are excluded. Should disruptions or defects occur in the hotel’s services, the hotel will endeavour, upon knowledge or prompt complaint by the customer, to provide a remedy. The customer is obliged to contribute what is reasonable to remedy the disruption and to minimize any potential damage. Furthermore, the customer is obliged to timely inform the hotel of the possibility of incurring exceptionally high damages.
2.3 All claims against the hotel generally expire within one year from the statutory commencement of the limitation period. This does not apply to claims for damages and other claims if the latter are based on intentional or grossly negligent breaches of duty by the hotel.
3. SERVICES, PRICES, PAYMENT, OFFSETTING
3.1 The hotel is obliged to provide the services ordered by the customer and confirmed by the hotel.
3.2 The customer is obliged to pay the prices agreed upon or applicable for these and any other services utilized. This also applies to services ordered by the customer directly or through the hotel, provided by third parties and disbursed by the hotel. This particularly applies to claims from copyright collecting societies.
3.3 The agreed prices include the taxes applicable at the time of contract conclusion. In case of changes in the statutory value-added tax or the introduction, modification, or abolition of local charges on the subject matter of the service after contract conclusion, the prices will be adjusted accordingly. For contracts with consumers, this applies only if the period between contract conclusion and contract fulfilment exceeds four months. If the period between contract conclusion and the event exceeds four months and the price generally charged by the hotel for such services increases, the agreed price can be increased reasonably, but not exceeding 10%.
3.4 Invoices from the hotel without a due date are generally payable immediately and without deduction. The hotel can demand immediate payment of due claims from the customer at any time. In case of customer default in payment, the legal provisions apply. The hotel is entitled to demand the respective applicable statutory default interest rates, currently 8%, or for legal transactions involving a consumer, 5% above the base rate. The hotel reserves the right to prove higher damages.
3.5 The hotel is entitled to request from the customer, upon conclusion of the contract, an appropriate advance payment or security deposit, for example, in the form of a credit card guarantee.
We allow ourselves to calculate the expected total revenue as follows: 30% upon binding reservation, another 30% 7 days prior to the event, and the remaining balance 7 days after the event. In case of customer default on payment, statutory regulations apply.
3.6 In justified cases, such as the customer’s payment default or expansion of the contract scope, the hotel is entitled, even after the conclusion of the contract and up to the beginning of the event, to request an advance payment or security deposit as per the above provision 3.5, or an increase in the agreed-upon advance payment or security deposit up to the full agreed compensation.
3.7 The customer may only set off or offset against a claim of the hotel with an undisputed or legally binding claim.
4. CANCELLATION BY THE COSTUMER
4.1 Cancellation by the customer of the contract concluded with the hotel is only possible if a right of cancellation has been expressly agreed upon in the contract, if another statutory right of cancellation exists, or if the hotel expressly agrees to the termination of the contract. The agreement of a right of cancellation as well as any consent to the termination of the contract shall be made in text form.
4.2 If a deadline for free cancellation of the contract has been agreed upon between the hotel and the customer, the customer may withdraw from the contract until that time without triggering any payment or damages claims from the hotel. The customer’s right of withdrawal expires if they do not exercise their right to withdraw from the contract with the hotel by the agreed deadline.
4.3 If no right of withdrawal is agreed upon or has already lapsed, and there is no statutory right of withdrawal or termination, and the hotel does not agree to the termination of the contract, the hotel retains the right to the agreed compensation despite non-utilization of the service. The hotel must offset the revenue from alternative rental of the premises as well as the saved expenses. The respective saved expenses can be lump summed according to sections 4.4, 4.5, and 4.6. The customer is free to prove that the claim did not arise or did not arise to the extent demanded. The hotel is free to prove that a higher claim has arisen.
4.4 If the customer withdraws between the 8th and 4th week before the event date, the hotel is entitled to invoice, in addition to the agreed rental price, 35% of the lost food and beverage revenue. For any withdrawal occurring later, 70% of the food and beverage revenue will be invoiced.
4.5 Calculation of Food/Beverage Revenue
a) The calculation of food revenue is done using the formula:
Agreed menu price x Number of participants. If no price has been agreed for the menu, the cheapest 3-course menu from the currently valid event offer will be used.
b) The calculation of beverage revenue is done using the formula:
– For banquet events: €40 x Number of participants
– For conferences: €20 x Number of participants
– For agreed beverage packages: Beverage package price x Number of participants.
4.6 If a conference package per participant has been agreed upon, the hotel is entitled to invoice, in case of cancellation between the 12th and 9th week before the event date, 50%, between the 8th and 4th week before the event date, 80%, and for any later cancellation, 90% of the conference package x agreed number of participants.
4.7 The deduction of saved expenses is considered by No. 3 to 5. The customer is free to prove that the above-mentioned claim did not arise or not to the extent demanded. The hotel reserves the right to prove a higher damage.
5. CANCELLATION BY THE HOTEL
5.1 If it has been agreed that the customer can withdraw from the contract free of charge within a certain period, the hotel is entitled to withdraw from the contract within this period if inquiries from other customers for the event rooms booked under the contract are received, and if the customer, upon inquiry from the hotel with a reasonable deadline, does not waive his right to withdraw.
5.2 If an advance payment or security deposit as agreed or demanded under clause 3.5 and/or clause 3.6 is not made even after the expiry of a reasonable grace period set by the hotel, the hotel is also entitled to withdraw from the contract.
5.3 Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, especially if:
– Force majeure or other circumstances beyond the hotel’s control make it impossible to fulfil the contract;
– Events or rooms are booked in bad faith with misleading or false information or the withholding of essential facts;
– Essential factors may include the identity of the customer, solvency, or the purpose of the stay;
– The hotel has reasonable grounds to believe that the event may endanger the smooth operation of business, the safety, or the reputation of the hotel in the public eye, without this being attributable to the hotel’s domain or organization;
– The purpose or nature of the event is unlawful;
– There is a violation of clause 1.2.
5.4 The justified withdrawal by the hotel does not entitle the customer to compensation for damages.
6. CHANGE TO THE NUMBER OF PARTICIPANTS AND EVENT TIME
6.1 A binding number of participants must be communicated to the hotel no later than 8 working days before the start of the event. This number is binding for invoicing. The customer is also responsible for the meal costs for participants who, despite confirmation, do not attend the event (so-called no-shows). If the customer reduces the originally confirmed number of persons by more than 15%, the hotel reserves the right to adjust the agreed price, to change the rooms at its own discretion, or to provide available rooms to other guests, treating this difference in the number of persons as a cancellation by the customer (see also 4.4 General Terms and Conditions). Similarly, the hotel reserves the right to charge for additional persons beyond those confirmed as binding, either in full or in addition.
6.2 If the agreed start or end times of the event are postponed and the hotel agrees to these deviations, the hotel may charge for the additional service provided, unless the hotel is at fault.
7. OTHER ROOM RENTALS, NIGHT SURCHARGES, LATEST EVENT ENDING TIME
7.1 In principle, the hotel reserves the right to charge for room rentals. This applies especially to the provision of additional rooms after a meal for dancing and entertainment, separate childcare, artist dressing rooms, and similar services.
7.2 Generally, a flat night surcharge is applied per commenced hour, structured as follows:
From 00:00 to 01:59 €200 per commenced hour from
02:00 to 03:00 €300 per commenced hour
Night surcharges are payable regardless of the remaining number of guests. This means they are also applicable if only a few guests and/or the host/hostess are present at the end of the event.
7.3 The latest end time for the event is 03:00 on the following day if the event does not commence before 14:00 on the day of the event. If the event starts before 14:00 on the day of the event, the latest end time is 02:00 on the following day.
8. BRINGING OF FOOD AND BEVERAGES
Customers are generally not allowed to bring their own food and beverages to events. Exceptions require an agreement with the hotel. In these cases, a contribution to cover overhead costs will be charged.
9. MUSICIANS AND ARTISTS
9.1 Fees for musicians and artists, as well as all external costs for entertainment, sound, and lighting not provided by the hotel, are to be settled directly by the customer with the GEMA, the artist, or the service provider. The customer is obligated to ensure that GEMA fees and artist social insurance contributions are paid punctually by them or the musicians or DJs they engage. If the GEMA directly invoices the hotel for the event, the invoice will be forwarded to the customer for immediate settlement, along with a processing fee of €15. Artistic performances, live music, or DJ sound must be coordinated with the hotel in advance. Music and dance must be conducted with consideration for other restaurant and hotel guests. It is mandatory to follow the instructions of the hotel staff in this regard.
9.2 In principle, there is a general prohibition on the use of fog machines, hazers, and other equipment that can trigger a fire alarm. In case of violation, the organizer/guest bears full responsibility (see Terms and Conditions clause 11). Invoices incurred because of the violation (e.g., from the fire department/police) will be forwarded directly to the organizer/guest for immediate settlement, along with a processing fee of €15.
10. TECHNICAL FACILITIES AND CONNECTIONS
10.1 Where the hotel, at the customer’s request, procures technical and other equipment from third parties, it acts on behalf, in the authority, and on the account of the customer. The customer is liable for the careful handling and proper return of such equipment. They shall indemnify the hotel from any claims by third parties arising from the provision of such equipment.
10.2 The use of the customer’s own electrical equipment utilizing the hotel’s power network requires the hotel’s approval. Any disruptions or damages to the hotel’s technical facilities resulting from the use of such devices are the responsibility of the customer, unless caused by the hotel. The hotel may calculate and charge a flat rate for the electricity costs incurred using these devices.
10.3 With the hotel’s approval, the customer is entitled to use their own telephone, fax, and data transmission equipment. The hotel may charge a connection fee for this service.
10.4 If the hotel’s suitable facilities remain unused due to the connection of the customer’s own equipment, compensation for loss of use may be charged.
10.5 Disruptions to the technical or other facilities provided by the hotel will be rectified promptly where possible. Payments cannot be withheld or reduced if the hotel is not responsible for these disruptions.
11. LOSS OR DAMAGE TO BROUGHT ITEMS
11.1 Exhibits or other personal belongings brought into the event rooms or hotel are at the customer’s own risk. The hotel shall not be liable for any loss, destruction, or damage, including financial losses, except in cases of gross negligence or intent on the part of the hotel. This exclusion of liability does not apply to damages resulting from injury to life, body, or health. Furthermore, cases where safekeeping constitutes a contractual obligation due to the circumstances of the individual case are exempt from this liability disclaimer.
11.2 Decorative materials brought in must comply with fire safety requirements. The hotel is entitled to request official proof thereof. If such proof is not provided, the hotel may remove already installed materials at the customer’s expense. The setup and installation of items must be coordinated with the hotel beforehand to prevent potential damage.
11.3 Exhibits or other items brought in must be promptly removed after the event ends. If the customer fails to do so, the hotel may remove and store the items at the customer’s expense. If the items remain in the event room, the hotel may charge a reasonable fee for the duration of the room’s retention.
11.4 Scatter items and throwing materials such as rice grains, flower petals, etc., are strictly prohibited both inside the buildings and on the hotel premises. Damages and cleaning resulting from non-compliance will be charged in full.
12. CUSTOMER’S LIABILITY FOR DAMAGES
12.1 The customer is liable for all damages to buildings or inventory caused by event participants or visitors, employees, subcontractors, and other third parties from their area or by themselves.
12.2 The hotel may request the customer to provide an appropriate security deposit, for example, in the form of a credit card guarantee.
13. ADVERTISING
Advertising, particularly advertisements by the customer referring to events at the hotel, requires prior approval from the hotel.
14. FINAL PROVISIONS
14.1 Changes and additions to the contract, acceptance of the offer, or these General Terms and Conditions shall be made in writing. Unilateral changes or additions by the customer are ineffective.
14.2 The place of performance and payment, as well as the exclusive place of jurisdiction – including for disputes regarding checks and bills of exchange – is the commercial domicile of the hotel. If a contractual party fulfils the requirements of §38 paragraph 2 ZPO and has no general place of jurisdiction within the country, the commercial domicile of the hotel shall be deemed the place of jurisdiction.
14.3 German law shall apply. The application of the UN Sales Convention and conflict of laws is excluded.
14.4 If individual provisions of these General Terms and Conditions for events are or become invalid or unenforceable, the validity of the remaining provisions shall not be affected thereby. In all other respects, the statutory provisions shall apply.
