General terms and conditions for hotel accommodation

I. Scope

1. These Terms and Conditions shall apply to contracts for the rental of conference rooms for the holding of events of all kinds as well as to all further services and deliveries connected therewith.
2. Individual agreements made between the customer and the hotel (e.g. cancellation conditions, special services or price agreements, etc.) shall take precedence over these General Terms and Conditions. Such individual agreements must be made in writing.
3. The subletting or reletting of the rooms, areas or showcases provided as well as public invitations or other advertising measures for job interviews, sales or similar events require the prior express consent of the hotel, whereby § 540 para. 1 sentence 2 BGB is waived insofar as the customer is not a consumer.
4. General terms and conditions of the customer shall only apply if this has been expressly agreed in advance.

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

1. The contract is concluded by the acceptance of the customer’s application by the Adler Hotel.
2. The customer is obligated to inform the hotel without being asked, at the latest upon conclusion of the contract, if the event, due to its political, religious or other character, is likely to endanger the smooth operation of the business, safety or public reputation.
3. The hotel is liable for damages resulting from injury to life, body or health for which it is responsible. Furthermore, liability shall be assumed for other damages based on an intentional or grossly negligent breach of duty and damages based on an intentional or negligent breach of duties typical for this type of contract. Typical contractual obligations are those obligations that make the proper execution of the contract possible in the first place and on the fulfillment of which the customer relies and may rely. A breach of duty is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded unless otherwise provided for in this Section II or in Section IX. In the event of disruptions or deficiencies in the services, the hotel will endeavor to remedy the situation upon knowledge thereof or upon immediate complaint by the customer. The customer is obligated to contribute what he can reasonably be expected to do in order to remedy the disruption and keep any possible damage to a minimum. In all other respects, the customer is obliged to notify the hotel in good time of the possibility of an exceptionally high loss being incurred.
4. Messages, mail and merchandise shipments for the customer are handled with care. The hotel will take over the delivery, the storage (in the case of merchandise shipments, however, only after prior agreement) and – upon request – the forwarding of the same against payment. The liability shall be governed by the foregoing number 3 sentences 1 to 4 mutatis mutandis.

III. Services, Prices, Payment, Offsetting

1. The hotel is obliged to provide the services and deliveries agreed with the customer.
2. The customer is obliged to pay the agreed or customary prices for the ordered and other services used. This shall also apply to services of third parties arranged directly or via the customer, the remuneration of which is disbursed, as well as to claims of copyright exploitation companies.
3. A separate fee is charged for the use of hotel facilities such as the sauna and parking lot. The prices for these additional services are displayed at reception or in the respective areas of the hotel or can be provided on request. These services are not included in the room rates and will be charged separately.
4. The agreed prices include the statutory value added tax applicable at the time of the conclusion of the contract. If this changes after conclusion of the contract, the prices will be adjusted accordingly. In the case of contracts with consumers, this only applies if there are more than four months between the conclusion of the contract and the provision of the service.
5. If a minimum turnover has been agreed and this is not reached, the hotel can demand 60% of the difference as lost profit, unless the customer can prove lower or higher damages.
6. If payment on account has been agreed, payment shall be made within seven days of receipt of the invoice without deduction, unless otherwise agreed.
7. For each reminder after the occurrence of default, the customer must reimburse reminder costs in the amount of € 5 to the hotel. The customer shall be free to prove that no costs or only significantly lower costs were incurred. In the case of customers who are not consumers, the claim under § 288 para. 5 BGB can be asserted.
8. The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates shall be agreed in text form in the contract….
9. In justified cases, for example payment arrears on the part of the customer or expansion of the scope of the contract, the hotel is entitled, even after conclusion of the contract, to demand an advance payment or security deposit as defined in No. 6 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
10. The customer may only offset or set off an undisputed or legally binding claim against a claim of the hotel.

IV. Withdrawal of the Customer (Cancellation, Cancellation)

1. The entire group reservation can be cancelled free of charge up to 30 days before arrival. After that we charge 90% of the total gross price. The liability is assumed by the contractual partner.
2. A cost-free withdrawal of the customer from the concluded contract is only possible if a contractual right of withdrawal has been agreed with him, a legal right to do so exists or if a cost-free withdrawal is agreed. The agreement of a right of withdrawal as well as the possible consent to a cancellation of the contract shall be made in text form in each case. If a date for exercising the right of withdrawal free of charge has been agreed, the customer may withdraw from the contract until then without triggering claims for payment or damages. The right to withdraw free of charge expires if the customer does not exercise it in text form to the hotel by the agreed date.
3. If a right to withdraw free of charge has not been agreed or has already expired, if there is also no legal right to withdraw free of charge and if the hotel does not agree to a cancellation of the contract free of charge, the agreed room rent from the contract as well as services arranged with third parties are to be paid even if the contractual services are not used. The hotel shall credit any income from any other rental of the room(s).
4. If the customer withdraws only between the 8th and the 4th week before the event date, the hotel is entitled to charge additionally 35% of the lost consumption turnover, in case of any later withdrawal 70% of the consumption turnover.
5. The calculation of the consumption turnover is based on the formula: Menu price of the event plus beverages x number of participants. If no price has been agreed for the menu yet, the cheapest 3-course menu of the respective valid event offer will be taken as a basis. Drinks are charged at one third of the menu price.
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 between the 8th and 4th week before the event date, and 85% in the event of later cancellation.
7. If the room rental was not agreed separately in the contract, but included proportionally in the conference flat rate, the share x agreed number of participants attributable to the room rental can also be invoiced in the event of cancellation up to eight weeks before the event date. This applies accordingly to complete lump sums including the accommodation fee for the relevant portion, less a lump sum of 10% for saved expenses. No. 2 sentence 2 above on the offsetting of other income shall apply accordingly in each case.
8. The deduction of expenses saved is taken into account by items 3 to 6. The customer is free to prove that the above claim did not arise or did not arise in the amount claimed. The hotel is free to prove a higher damage.

V. Withdrawal from the Adler Hotel

1. If it has been contractually agreed that the customer can withdraw from the contract free of charge up to a certain date, the hotel is entitled for its part to withdraw from the contract up to this date if there are requests from other customers for the contractually booked event rooms and the customer does not waive his right to withdraw upon inquiry with a reasonable deadline. This applies accordingly to the granting of an option if other inquiries exist and the customer is not prepared to make a firm booking upon inquiry with a reasonable deadline.

• Furthermore, the hotel is entitled to withdraw from the contract for an objectively justified reason, for example if
• force majeure or other circumstances for which we are not responsible make it impossible to fulfill the contract;
• events are booked with misleading or false information or concealment of material contractual facts; material contractual facts may include the identity of the customer, his ability to pay or the purpose of the event;
• The Adler Hotel has reasonable grounds to believe that the event may jeopardize the smooth running of the business, safety or public reputation without this being attributable to its sphere of control or organization;
• the purpose or occasion of the event is unlawful.
• there is a breach of Section I No. 2;
• an agreed advance payment or an advance payment demanded in accordance with Section III(6) and/or (7) above has not been made even after the expiry of a reasonable grace period set.

2. Justified withdrawal from the hotel does not entitle the customer to compensation. Should there be a claim for damages against the customer in the event of withdrawal in accordance with No. 2 above, the hotel may make a lump-sum payment for the claim. In this case, Item IV Nos. 2 to 7 shall apply mutatis mutandis.

VI. changes in the number of participants and the time of the event

1. The hotel must be notified of an increase in the number of participants by more than 5% no later than five working days before the start of the event; this requires the hotel’s consent, which should be given in text form. Billing will be based on the actual number of participants, but 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 additional expenses saved due to the lower number of participants, which must be proven by the customer.
2. A reduction in the number of participants by more than 5% should be communicated to the hotel in good time, but no later than five working days before the start of the event. Billing will be based on the actual number of participants, but at least 95% of the originally agreed number of participants. The third sentence of No. 1 above shall apply mutatis mutandis. In case of an upward deviation, the actual number of participants will be charged.
3. In the event of a reduction in the number of participants by more than 10%, the hotel is entitled to exchange the confirmed rooms – taking into account any lower room rent – unless this is unreasonable for the customer.
4. If the agreed start or end times of the event are postponed and these deviations are agreed to, the hotel may charge appropriately for the additional service provided, unless the hotel is at fault.

VII. bringing food and drinks

The customer may not bring food and beverages to events. Exceptions require an agreement with the hotel which should be made in text form. Approval may be conditioned on the calculation of a contribution to cover overhead costs.

VIII. technical equipment and connections; official permits

1. Insofar as 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 is liable for careful handling and proper return. He shall indemnify the hotel against all claims of third parties arising from the provision of these facilities.
2. The use of the customer’s own electrical equipment using the power grid requires express consent; this may be made dependent on the provision of a hotel technician for a fee. Any malfunctions or damage to the technical equipment caused by the use of this equipment shall be borne by the customer, insofar as the hotel is not responsible for such malfunctions or damage. The hotel may record and charge for the electricity costs incurred by the use as a lump sum.
3. With the hotel’s consent, the customer is entitled to use his own telephone, fax and data transmission equipment. In return, the hotel may charge a connection fee and/or a cancellation fee for the non-use of its facilities.
4. Faults in the technical or other equipment provided will be rectified immediately if possible. Payments may not be withheld or reduced insofar as the hotel is not responsible for these disruptions.
5. The customer must obtain any official permits required for the event in good time and at his own expense. He is responsible for compliance with public law requirements and other regulations.

IX. Loss of or damage to items brought along

1. Exhibits or other items, including personal items, carried along are at the risk of the customer in the event rooms or in the respective hotel. The hotel assumes no liability for loss, destruction or damage, including financial losses, except in cases of gross negligence or intent. In addition, all cases in which, due to the circumstances of the individual case, safekeeping constitutes a duty typical for the contract are excluded from this exemption from liability. Apart from the cases mentioned in sentence 3, a safekeeping agreement requires express agreement. In all other respects, Section II No. 3 shall apply mutatis mutandis.v
2. Decorative material and other objects brought in by the customers must comply with fire protection requirements and other official regulations. 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 must be agreed with the hotel in advance.
3. Exhibits or other objects brought along must be removed immediately after the end of the event. If the customer fails to do so, removal and storage may be carried out at the customer’s expense. If the items remain in the event room, a reasonable compensation for use may be charged for the duration of the withholding of the room.

X. Liability of the customer for damages

1. If the customer is an entrepreneur, he is liable for all damages to the building or inventory caused by event participants or visitors, employees, other third parties from his area or himself. This shall apply accordingly if the customer is a legal entity under public law, a party or a trade union.
2. The Adler Hotel may require the customer to provide appropriate security (for example, insurance, deposits, guarantees).

1. Final provisions

1. Amendments or additions to the contract must be made in text form, amendments to these terms and conditions must be made in writing. Unilateral changes or additions by the customer are invalid.
2. In commercial transactions, the place of performance and payment shall be the location of Hotel Adler, Johann-Krane-Weg 21, 48149 Münster Adler Hotels.
3. In commercial transactions – also in case of check disputes – the exclusive place of jurisdiction shall be Münster ; however, the hotel may, at its option, also sue the customer at the customer’s location or registered office. The same applies if the customer meets the requirements of § 38 para 2 ZPO and has no general place of jurisdiction in Germany.
4. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
5. Please note that the European Union has established an online platform for the out-of-court settlement of consumer disputes (“ODR platform”): http: //ec.europa.eu/consumers/odr/ . The Adler Hotel does not participate in dispute resolution proceedings before consumer arbitration boards.
6. Should individual provisions of these General Terms and Conditions for Events be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.