General Terms and Conditions
1. Area of Applicability
1.1. These general terms and conditions apply to contracts for the rental by time of conference, banquet and event spaces for the purpose of holding events such as banquets, seminars, conferences, exhibitions, etc.; as well as for all other services and deliveries provided to the Customer by the Hotel.
1.2. Business conditions specified by the Customer are applicable only insofar as these are agreed upon in advance by the Hotel.
2. Contract signing, partners, liability, period limitations
2.1. The contract goes into effect only after a written confirmation from the Hotel to the Event Organizer (Customer).
2.2. The Contract parties are the Hotel and the Event Organizer (Customer).
2.3. Subletting or rental of areas within a Hotel conference space by the Event Organizer to third parties; or the use of Hotel conference spaces for job interviews, sales events and similar commercial activity require prior written consent of the Hotel. In every such case, the Event Organizer is required to place on all third parties to whom space is provided the same obligations and liabilities as a condition of use of that space; especially with regard to avoiding damage to the property.
2.4. The Hotel is liable for its obligations under the con act. With regard to matters beyond the typical purview of Hotel services, liabilities are limited only to damages due to malicious intent or reckless negligence.
2.5. Any claims of damage suffered by the Customer must be filed within a statutory period of six months.
2.6. These limits on liability and short claims period apply to the Hotel’s favor also with regard to violations of commitments during the pre-contract phase, and to positive contract violations.
3. Services, Prices, Payment, Billing
3.1. The Hotel is obligated to perform all services agreed upon.
3.2. The Event Organizer is obligated to pay for all agreed-upon services and any further services asked for, at the applicable (or agreed-upon) prices of the Hotel.
3.3. The agreed-upon prices shall include, as legally required, the value-added tax (VAT) as of the time the contract is closed. If the legally required VAT rises, prices will be automatically and accordingly adjusted. If the period between contract closing and contract fulfillment is longer than four months, and if the prices charged by the Hotel generally for such services also rise, the Hotel retains the right to accordingly raise the prices for services under the contract.
3.4. Prices can also be changed by the Hotel after contract closing if the Customer changes the number of rooms booked, the services, expected or the amount of time the guests reside at the Hotel; assuming the Hotel agrees to said changes.
3.5. Bills from the Hotel without further specified payment date are to be treated as requiring payment in full within 10 days from the receipt of the bill. The Hotel is empowered at any time to bill for all accumulated claims and to demand immediate payment. In case of delays in payment, the Hotel has the right to charge interest at a rate 5 percent above the current prime lending rate of the European Central Bank. The Hotel reserves the right to furnish proof for higher compensation.
3.6. The Hotel has the right, at contract closing or any point afterwards, and in keeping with all applicable legal provisions, to demand an appropriate advance payment or security deposit. The amount of the payment and the payment schedule may be agreed upon in the contract.
3.7. The Customer may only offset or reduce any compensation demand from the Hotel on the basis of an agreement or a legally sanctioned demand
4. Withdrawal by Hotel
4.1. If the Event Organizer has agreed to an advance payment and fails to provide this amount at the due date, or within an appropriate additional period specified by the Hotel, then the Hotel has the option of withdrawing from the contract; and in such cases the Hotel may demand compensation for damages in keeping with Part 5 of these terms and conditions.
4.2. The Hotel furthermore has the right to withdraw from the contract for factually justified grounds, for example:
- When acts of God or other circumstances for which the Hotel is not responsible make the fulfillment of the contract impossible;
- When conference spaces are rented by parties using misleading or false statements (e.g., about the identity of the Event Organizer, the true purpose of the event, etc.);
- When the Hotel finds reasonable cause to expect that the event may damage the smooth functioning of business, the security or the public reputation of the Hotel, without this being the responsibility of the Hotel management or staff.
4.3. The Hotel is obligated to immediately inform the Event Organizer of a withdrawal.
4.4. In cases of justified withdrawal by the Hotel, the Event Organizer retains no right to compensation for damages.
5. Withdrawal by Event Organizer
5.1. The Event Organizer has the right of withdrawal only insofar as this is agreed in writing in the rental contract for the Hotel’s conference spaces. Such a right of withdrawal expires if not exercised before the agreed-upon deadline, and the contract then remains fully applicable, with the consequence that the Event Organizer must pay the agreed-upon compensation. This holds even if the Event Organizer does not make use of any or all ordered deliveries and services, including the use of the conference spaces. Compensation to the Hotel in that case shall also includes compensation for lost food and beverage sales.
5.2. The Hotel in all such cases retains the right to bill for the agreed-upon rental rates, insofar as an alternate rental is not possible after a withdrawal by the Event Organizer.
5.3. Insofar that food and beverage sales are agreed upon, these will be billed partially in case of a cancellation, as follows:
Withdrawal later than 6 weeks before beginning of event: 30%
Withdrawal later than 4 weeks before beginning of event: 50%
Withdrawal later than 2 weeks before beginning of event: 70%
If no price was agreed upon before the withdrawal, then the least expensive 3-course menu or buffet plus beverages for that given event offer will be used as the basis for calculation. Saved expenses are thus satisfied.
5.4. Insofar as event flat-rate prices are agreed upon, these shall in case of withdrawal by the Event Organizer be billed partially in case of cancellation as follows:
Withdrawal later than 6 weeks before beginning of event: 30%
Withdrawal later than 4 weeks before beginning of event: 50%
Withdrawal later than 2 weeks before beginning of event: 70%
5.5. Services through third parties or special services that become superfluous as a result of cancellation shall be paid in any case.
5.6. The Event Organizer reserves the right to demonstrate lower damages; the Hotel reserves the right to demonstrate higher damages.
5.7. The Event Organizer is freed from payments under points 5.1.-5.5. above if the withdrawal of the Event Organizer follows from reasons for which the Hotel is responsible.
6. Number of participants and changes thereto; changes in event scheduling
6.1. The Event Organizer shall inform the Hotel of the final number of guests in advance, at the latest three days prior to event start.
6.2. If the actual number of guests is less than specified in the contract by a margin of at most 10 percent (5 percent starting from 200 guests and up), then the actual number of guests shall be accounted for in the billing. In case of reductions beyond that, the following shares of agreed upon board and beverage sales (or of agreed-upon daily flat rates) shall be billed:
Withdrawal later than 6 weeks before beginning of event: 30%
Withdrawal later than 4 weeks before beginning of event: 50%
Withdrawal later than 2 weeks before beginning of event: 70%
If the number of guests is reduced by more than 10 percent, the Hotel acquires the right to switch the event into a different conference space, insofar as the size of the new space is adequate for the reduced number of guests and the spaces are similarly equipped.
6.3. A rise in the number of guests by more than 5% requires the Hotel’s agreement. In the case of a rise in the number of guests, billing will be based on the actual number of guests. If no appropriate room is available due to a rise in the number of guests, this will be treated as a withdrawal by the Event Organizer as detailed in §5
6.4. If the agreed-upon start or end times of the event change without the Hotel’s prior consent, the Hotel may bill the Event Organizer for additional costs of service-readiness under paragraph 315 of the German Civil Code (§315 BGB).
7. Liability of the Event Organizer
7.1. The Event Organizer is liable for losses or damages that are determined to be the fault of the Event Organizer and/or the employees, agents or guests of the Event Organizer. Purchasing insurance for such cases is the responsibility of the Event Organizer. The Hotel may demand to see certificates of such insurance.
7.2. To avoid damages, the hanging of decoration material or other objects and the use of technical equipment is only allowed after written approval by the Hotel.
7.3. Insofar as the rights of third parties are affected by the event (because of copyright etc.), the Event Organizer is obligated to acquire (and to pay for) relevant permissions and any other fees that may be applicable (e.g. to GEMA, the licensing service for public musical performances). If however the Hotel is sued for damage claims, the Event Organizer shall free the Hotel from any liability to the claimant.
8. Liability of the Hotel
8.1. The Hotel bears the same liability as expected of any conscientious businessman. Outside the typical services of the hotel industry, however, this liability is limited to failures in service, damages, consequences of damages or disruptions that can be attributed to the malicious intent or reckless negligence of the Hotel itself. If the services of the Hotel prove faulty or are disrupted, the Hotel shall be expected to provide remedy on learning of such, or immediately on reproof of the Customer. The Customer is expected to contribute whatever is just and reasonable on his part as to remedy the disruption and keep possible damages to a minimum.
8.2. Any exhibition pieces or other objects, including personal possessions, are brought into the Hotel conference spaces or the Hotel itself at the Event Organizer’s own risk. The Hotel is not responsible for supervision or storage thereof. The Hotel bears no liability for loss or damage thereto, except for cases of malicious intent or gross negligence.
8.3. Insofar as the Hotel procures technical or other equipment from third parties on the Event Organizer’s behalf, it acts on behalf of and in the name of the Event Organizer. The Event Organizer is liable for the careful treatment of such equipment and frees the Hotel from all claims by third parties stemming from the abandonment of this equipment.
9. Other
9.1. The Event Organizer may bring food or beverages into the Hotel only with prior written agreement of the Hotel. A service fee will be charged.
9.2. Any newspaper or media advertisements for an event at the Hotel must receive prior approval from the Hotel.
10. Final Provisions
10.1. Changes or additions to the contract, to the proposal acceptance or to the general terms and conditions must be made in writing. One-sided changes or additions by the Customer are null and void.
10.2. The legal site of fulfillment and payment is the seat of the Hotel.
10.3. Exclusive legal jurisdiction and venue for court is Berlin.
10.4. German law applies.
10.5. If a provision of these terms and conditions proves inapplicable or void, this shall not effect any other provisions, which shall continue to apply. Applicable statutes of the law shall otherwise apply.
10.6. In the case that contracted room and board is canceled, we reserve the right to also cancel the use of conference spaces.
