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I. Scope of validity
1. These General Terms and Conditions apply to all hotel services and supplies.
2. In the event that the hotel changes its General Terms and Conditions (GTC) before the contract ends, the amended version shall be assumed to apply to the contract as long as the counterparty has reasonable opportunity to acknowledge the new GTC in printed form, has been informed of the legal consequences of such, and does not object to the application of the new GTC within fourteen days after acknowledgement.
3. The above shall apply to business and private customers. A business customer may be a natural person or legal entity or partnership concluding legal transactions as part of its commercial or professional freelance activity. A legal partnership is a partnership with the capacity to acquire rights and enter into obligations according to BGB [German Civil Code] §14. A private customer is any natural person entering into a legal transaction for purposes that do not mainly involve either commercial or professional freelance activity (cf. BGB §13).
4. Any general terms and conditions of the customer shall only apply to the contract if the hotel consents to their inclusion in whole or in specific points in writing.
II. Conclusion, parties and limitation periods
1 The contract (hereinafter referred to as the reservation) shall only come into force on acceptance by the hotel. The hotel may confirm the reservation in writing.
2. If a travel agent or tour operator acting on the customer’s behalf rather than the customer itself should request the reservation, the hotel may address reservation confirmation to the travel agent or tour operator instead. The tour operator and customer shall then be jointly and severally liable for all obligations arising from the contract as long as the hotel has a corresponding declaration from the tour operator.
3. All mutual claims shall be subject to limitation periods. Claims against the hotel shall expire within one year of
acknowledgement of circumstances giving rise to the claim according to BGB §199 Para 1. Claims for compensation shall expire after five years from acknowledgement unless such claims are based on injury to life and limb or health and liberty. The limitation period shall not apply to claims arising from gross negligence or intent on the part of the hotel or its legal representatives or vicarious agents, or intentional or negligent breach of major contractual obligations. Major contractual obligations in the context of these General Terms and Conditions refer to obligations whose fulfilment is essential for contract performance, and obligations that the customer may expect to be fulfilled in the ordinary course of business. The limitation period for liability due to culpable injury to life and limb shall remain unaffected, and shall be calculated according to statutory regulations. This shall also apply to mandatory provisions under the German Product Liability Act [Produkthaftungsgesetz].
4. The hotel shall collect and apply probability values in deciding on the conclusion, performance, or termination of a contract.
III. Services, prices, payment, deductions
1. The hotel shall render the services ordered by the customer and agreed upon by the hotel.
2. The customer shall pay for these and other services provided by the hotel at the agreed or customary prices and rates.This shall apply to expenses and payments from the hotel to third parties as caused by the customer, especially claims from copyright collectives.
3. The agreed prices include statutory VAT. Prices charged shall be adjusted according to any change in statutory VAT on the day of performance. This shall not apply to private customers.
4. The agreed price charged to the customer may be raised to accommodate any increase in price charged by up to 10% if the period between contract conclusion and due performance by the hotel should exceed four months.
The hotel may also adjust the price accordingly if the customer later wishes, and the hotel agrees, to change hotel services such as the number of rooms or guests, or length of stay.
5. Hotel bills without a due date shall be payable upon receipt by the customer. The hotel may charge a reminder fee of €2.50 for each reminder sent. The hotel may also charge the statutory default interest rate applicable for non-payment, which is currently eight percentage points above the base rate, or five percentage points above the base rate for private customers. The hotel may additionally charge for additional compensation on documented damages.
6. The following shall require prior written consent from the hotel on waiver of BGB §540 Para 1 Sentence 2 for nonprivate customers: subletting rooms reserved or other rooms, areas or display cabinets; or invitations for job interviews, sales or similar events.
7. The Hotel may demand reasonable advance payment or security deposit on or after contract conclusion. The hotel may also subsequently demand an extension to any advance payment or security deposit according to the first sentence in this provision in justified cases such as extension to the scope of the contract.
The advance payment amount and payment deadline may be agreed in writing in the contract.
8. The customer may only deduct undisputed or legally binding counterclaims against the hotel from payments due to the hotel.
9. The Berlin overnight tax by-law (ÜnStG) prescribes a 5% city tax on the net accommodation price plus a reduced VAT rate of 7% for all guests. Business costs from paid overnight stays are exempt from city tax according to ÜnStG §1 Para3 on condition that an overnight guest can provide a credible reason for the business nature of his or her overnight stay at the hosting establishment. Group reservations and contractually concluded events involving a set number of rooms are offered without city tax; city tax shall be charged on all non-business overnight stays.
10. Day rooms are charged at 30% of the standard overnight rate for room use up to 2 PM, and 50% of the standard overnight rate up to 6 PM. The full rate is charged for stays after 6 PM.
IV. Customer cancellation or withdrawal, non-use of contractually agreed services
1. If the customer cancels the arrival or event, the price agreed in the contract including percentage calculation in the following paragraphs 2, 3, 4, and 5, and any payments to third parties shall be due for payment even if the customer does not use the services. This shall not apply where the hotel breaches its obligation to honour the rights, legal entitlements and vested interests of the customer, if the customer cannot reasonably be expected to uphold the contract, or where statutory or contractual cancellation rights exist.
2. The following additional rules apply to group contracts at nine guest rooms or more with a group contract covering individual reservations: If no right to cancel or withdraw from the contract has been agreed, there shall also be no statutory right to cancellation or withdrawal; the hotel is still entitled to the agreed payment even if the customer does not use any of the services if the hotel refuses to accept a contract cancellation. The hotel shall deduct proceeds from renting the rooms to other parties as well as expenses saved. The hotel may deduct a commensurate fixed amount on expenses saved on failure to rent the rooms to other parties. The hotel is entitled to the following payment on room cancellations after the contract has been signed:
- 10% for cancellation up to 91 days before the intended arrival date
- 40% for cancellation between 90 and 61 days before the intended arrival date
- 60% for cancellation between 60 and 31 days before the intended arrival date
- 90% for cancellation between 30 days and the planned day of arrival
This shall be calculated on the agreed room price multiplied by the number of rooms cancelled. The hotel will offer the cancelled rooms to other parties. The customer that cancelled the contract shall bear any difference between the room price actually charged and a higher room price as agreed in the contract with the customer. The full room price shall also be charged if the guest should depart before a minimum reservation period has elapsed unless the hotel is able to rent the room to another party at at least the same terms. The customer may object to any fixed amounts charged by the hotel on documentation that these claims are unjustified in whole or at the amount charged by the hotel.
3. A reduction in the number of rooms and/or persons shall also be regarded as a cancellation in event cancellations, and the amount payable shall be calculated pro rata. Events according to this term come about by contracts for renting conference, banquet or conference rooms for events such as banquets, seminars, conferences, exhibitions, or presentations, and for any other customer services and supplies from the hotel. If the customer cancels the date of the event after booking an event, the hotel may bill the following plus the amount specified under IV No. 2:
- 50% of the room rate on cancellation up to 31 days before the beginning of the event
- 100% of the room rate on cancellation between 30 and 21 days before the beginning of the event
- 30% of the total proceeds on cancellation between 20 and 16 days before the beginning of the event
- 50% of the total proceeds on cancellation between 15 and 10 days before the beginning of the event
- 90% of the total proceeds on cancellation later than 10 days before the beginning of the event
The amount of food shall be calculated according to the number of participants contractually agreed. The lowest price for a three-course meal at the event that would have taken place shall be used as a basis in calculating the fixed rate if the amount of food was not specifically agreed in the contract. The calculation of proceeds from food shall be calculated as the banquet menu price multiplied by the number of persons. The hotel shall deduct from the charges for food and drinks charged to the customer any proceeds from another event at the hotel that could not otherwise have taken place or at another date without the cancellation. The customer may object to any fixed amounts charged by the hotel on documentation that these claims are unjustified in whole or at the amount charged by the hotel.
The customer shall notify the hotel of any changes in the number of event attendees by more than 5% not later than five days before the event; the change shall require the approval of the hotel in written form. Any reduction in the number of participants by the customer shall be acknowledged by the hotel as a reduction of not more than 5% in billing the customer; the originally agreed number of attendees minus 5% shall be applied if this 5% threshold is exceeded. The customer may reduce the agreed price by the expenses saved as documented by the customer due to the lower number of attendees. Expenses for the actual number of participants shall be calculated if the number should exceed the number originally planned. The hotel is entitled to recalculate the agreed price and change confirmed rooms as reasonable to the customer if the number of attendees deviates from the planned number by more than 10% (shortfall or excess). The hotel may apply additional charges incurred through changes in hotel service availability for the customer due to changes in the event’s beginning or ending times as agreed by the hotel unless the hotel itself is responsible for the change in event times.
4. The following cancellation terms apply to agreed individual reservations up to nine rooms without a group contract: Individual reservations may be cancelled free of charge up to 3 PM on the day of arrival unless the contract involved includes exclusion criteria preventing or restricting cancellation, e.g. during a trade fair.
5. Reservations at the Fischers Fritz hotel restaurant for up to six people may be made using a credit card as a guarantee. All table reservations may be cancelled free of charge up to 3 PM on the day of the event; any cancellations after this time will be charged a fixed rate of €40.00 EUR per person in the reservation party. The credit card used as guarantee will be charged €40.00 multiplied by the number of persons in the reservation party. Group reservations with fixed menu arrangements at the Fischers Fritz hotel restaurant may be made for parties of seven persons or more. The following cancellation terms and charges for group reservations at the restaurant apply:
- 50% of the menu price for the number of persons in the reservation for cancellation up to two days before the event
- 80% of the menu price for the number of persons in the reservation for cancellation on the day before the event
- 90% of the menu price for the number of persons in the reservation for cancellation on the day of the event
6. The customer may withdraw from the contract without being billed for payment or compensation by the hotel as long as the hotel and customer have agreed on a deadline by which the customer may cancel free of charge. The right to withdraw from the contract shall cease to apply if the customer fails to exercise this right to cancellation by the agreed deadline. This shall not apply where the hotel breaches its obligation to honour the rights, legal entitlements and vested interests of the customer, if the customer cannot reasonably be expected to uphold the contract, or where statutory or contractual cancellation rights exist.
7. Any individual cancellation arrangements agreed in deviation from the above shall take precedence.
8. If a customer does not use an agreed service without notice to the hotel, or effectively withdrawing from the contract, the contract price shall be paid in full plus any further compensation for costs incurred by the hotel in its reliance on the customer’s arrival or start of the event. The customer may object to any fixed amounts charged by the hotel on documentation that these claims are unjustified in whole or at the amount charged by the hotel.
V. Withdrawal or cancellation by the hotel
1. If the hotel and customer have agreed in writing on an option for the customer to withdraw from the contract free of charge by a certain deadline, the hotel may also cancel the contract before this deadline on receiving inquiries from other customers regarding the guest or function rooms contractually reserved with the customer, and the customer does not waive its agreed cancellation right on enquiry by the hotel.
2. The hotel may also withdraw from the contract if the customer fails to pay any advance payment agreed or required according to Section III. No. 7 after a reasonable period of grace set by the hotel.
3. The hotel may withdraw from the contract due to extraordinary justifiable cause. Examples are as follows:
- Force majeure or other circumstances beyond the hotel’s sphere of influence render contract performance impossible. Force majeure refers to any extraordinary event that could not have been foreseen at the time that the contract was signed, and could not have been averted despite the necessary care. Examples include: natural disasters, strikes, terrorist attacks, or power failure. The hotel may also withdraw from the contract if extraordinary events involving suppliers or contractors to the hotel that could not have been foreseen at the time that the contract was signed, and could not have been averted despite the necessary care, render contract performance impossible.
- Rooms or events have been reserved under misleading or false information given by the customer on important facts such as the identity of the customer or the purpose of the reservation
- The hotel has justified cause to assume that use of the hotel’s services may endanger the smooth operation, safety, or public reputation of the hotel in such a way as would not be attributable to the management or organisation of the hotel.
- The purpose or the cause or content of stay or event would be illegal or contrary to a legally valid official
administrative decree or court order.
- The customer has sublet the room in violation of III. No. 6.
4. The customer shall not be entitled to compensation on justified cancellation by the hotel.
VI. Room availability, use and return
1. The customer has no entitlement to a specific room unless the hotel has confirmed such in writing.
2. Reserved rooms shall be prepared and ready for the customer from 3 PM on the agreed day of arrival. The customer shall not be entitled to demand earlier availability.
3. Rooms prepared for the customer shall be taken by 3 PM on the day of arrival. The rooms may be rented to other parties after this time unless the customer has informed the hotel of a delayed arrival in writing. The hotel may demand a guarantee for late arrivals.
4. The room shall be vacated by midday on the agreed day of departure. The hotel may charge the day price for late departure up to 6 PM, and 100% of the full room rate at list price after 6 PM without constituting any contractual obligations towards the customer. The customer may object on documentation that these claims are unjustified in whole or at the amount charged by the hotel.
VII. Bringing food and beverages during events according to IV. No. 3
1. The customer shall not bring food or beverages to events. Exceptions shall be agreed with the hotel in writing; the hotel shall charge a fee to cover overheads in such cases.
2. The hotel shall not entertain any liability for ill health caused by food brought by the customer.
3. The hotel shall not entertain any liability for the shelf life of food consumed after an event at the hotel or outside the hotel.
VIII. Use of technical facilities and connections during events according to IV. No. 3
1. The hotel shall be acting in the name, with the authority, and on behalf of the customer in procuring any technical and other equipment from third parties for the customer. The customer shall be liable for the careful handling and proper return of such equipment. The customer shall indemnify the hotel from any claims from third parties arising from the provision of this equipment.
2. The customer may only use electrical equipment belonging to the customer on the electrical power supply of the hotel on written consent by the hotel. The customer shall be billed for any interference or damage to the technical facilities of the hotel outside the sphere of responsibility of the hotel. The hotel shall charge a fixed rate for costs arising from the use of electrical power.
3. The customer may use its own telephone, fax, or data transmission equipment on the approval of the hotel. The hotel may charge a connection fee.
4. The hotel shall have any malfunctions in technical or other equipment provided by the hotel remedied immediately wherever possible. The customer may not withhold or deduct payment if the hotel is not responsible for such malfunctions.
5. A shortfall fee may be charged on hotel equipment provided but not used due to the customer using its own equipment instead.
IX. Musical performances, sound system, performances at events according to IV. No. 3
The following points apply explicitly:
- The customer shall report and pay any fees to the GEMA for any music arranged and played or performed by the customer.
- Involvement of performers at events may require that the customer pay contributions to social security for performers; the customer shall be responsible for fulfilling any such obligations. The hotel may charge the customer for any social security contributions for performers if the hotel hires performers for the customer’s event.
X. Materials and objects in events according to IV. No. 3, loss of, or damage to, event material and objects at events
1. The customer shall bear the responsibility for any decoration materials, exhibits, or other personal property brought into the hotel or its event rooms by a customer not appearing as a guest at the hotel. The hotel shall not entertain any liability for loss, destruction, or damage to such items, including financial damages, except in cases of gross negligence or intent on the part of the hotel. This shall not apply to liability for damages resulting from injury to life and limb or health, or any cases where safekeeping constitutes an obligation due to the circumstances of the case without which performance of the contract would be impossible and obligations whose fulfilment is essential for contract performance, or obligations that the customer may expect to be fulfilled in the ordinary course of business (major contract obligations). This shall not affect German innkeeper liability according to BGB §701 et seqq.
2. Any decoration materials brought by the customer shall comply with fire regulations. The hotel may demand official documentation of such, and have such materials removed and stored at the expense of the customer if the customer fails to provide such documentation. Hanging and fixing items shall be agreed with the hotel in order to prevent potential damage.
3. Any exhibits or other items brought by the customer shall be removed immediately after the event. If the customer fails to remove any such items, the hotel may have these items removed and stored at the expense of the customer. If the items remain in the function room, the hotel may charge reasonable compensation for use of that function room for the corresponding period. Packaging materials (cardboard, boxes, plastic, etc.) delivered by the customer for conferences, exhibitions, presentations, etc., shall be disposed of or taken away by the customer before or after the event itself. The hotel shall charge the customer for any disposal of packaging such as cardboard boxes, wooden crates, packing foam, plastic, or similar if the customer has the hotel dispose of the materials. The customer may object to such claims on documentation that these claims are unjustified in whole or at the amount charged by the hotel.
XI. Customer liability for damage during events according to IV. No. 3
1. Business customers shall be held liable for any damage to buildings or furnishings caused by event participants or guests, employees, other third parties involved by the customer or the customer itself. Private customers shall be held liable according to the statutory regulations.
2. The hotel may require the customer to provide reasonable security (such as insurance, deposits, guarantees).
XII. Liability of the hotel
1. The hotel shall be liable for discharging its obligations according to the contract while exercising due professional care. Customer claims for compensation shall be excluded to the extent permitted by statute, except for damage to life and limb or health and liberty, or damages due to gross negligence or intent on the part of the hotel. Exclusion of liability shall not apply to damages due to breach of major contractual obligations on the part of the hotel. Major contractual obligations in the context of these General Terms and Conditions refer to obligations whose fulfilment is essential for contract performance, and obligations that the customer may expect to be fulfilled in the ordinary course of business.
This shall not affect mandatory liability under the German Product Liability Act [Produkthaftungsgesetz] or any
guarantee assumed by the hotel. A breach of obligation by a legal representative or vicarious agent shall be equivalent to a breach of obligation by the hotel. The hotel shall undertake to remedy any disruptions or defects in performance of the hotel as reported by the customer or acknowledged by the hotel. The customer shall contribute towards the remedy of the disruption in any way it reasonably can, and keep any potential damage to a minimum.
2. The hotel shall be liable to the customer for any property brought into the hotel according to the statutory regulations (BGB §701 et seqq.).
3. A parking space in the hotel’s parking facility or car park reserved by the customer shall not constitute a safekeeping agreement. The hotel shall only be liable for intent or gross negligence according to BGB §690.
XIII. Final terms
1. Any amendment or modification shall be contained in writing. Unilateral alterations or additions by the customer shall remain invalid.
2. The place of performance and payment shall be the location of the hotel.
3. The exclusive place of jurisdiction for business dealings shall be the location of the hotel. Court jurisdiction shall also be at the location of the hotel if one of the contracting parties fulfils the requirements of ZPO [Code of Civil Procedure] §38 Para 2 and has no general jurisdiction in Germany.
4. The law of the Federal Republic of Germany shall apply to the exclusion of CISG and conflict of laws.
5. Any individual provisions in these General Terms and Conditions that should prove invalid or unenforceable shall not affect the validity of the remaining provisions. The statutory provisions shall otherwise apply.
XIV: Information on online dispute resolution
The European Commission will deploy an internet platform for online resolutions of disputes ( so called “ODR platform”.) The ODR platform shall serve as contact point for the extrajudicial settlement of disputes concerning contractual obligations arising from online sales contracts. The ODR platform will be accessible via the following link: http://ec.europa.eu/consumers/odr
Version of January 2016
[These GTC apply to all contracts with the hotel concluded on or after 9 January 2016.]
Only the German version of this General Terms and Conditions shall be authoritative!