GENERAL TERMS OF BUSINESS of Hotel Brandenburger Tor Potsdam GmbH
1 SCOPE
1.1 These General Terms of Business apply to contracts on the rental use of hotel rooms for accommodation purposes as well as to all further services and deliveries of the hotel provided for customers in this context (hotel accommodation agreement). The term ‘hotel accommodation agreement’ encompasses and replaces the following terms: accommodation, guest admission, hotel and hotel room agreement.
Where relevant, these General Terms of Business also apply to contracts on the rental use of hotel rooms or premises for the execution of events. This applies in particular to Section 9. Furthermore, the respective conditions of cancellation apply.
1.2 The subletting or reletting of rented hotel rooms as well as their use for purposes other than accommodation require the advance consent of the hotel in writing, whereby Section 540 (1) Clause 2 of the Civil Code (Bürgerliches Gesetzbuch, BGB) is excluded if the customer is not a consumer.
1.3 The general terms of business of the customer shall only apply if this is expressly agreed in advance.
2 CONTRACTUAL CONCLUSION, CONTRACTING PARTNERS, LIMITATION
2.1 The contracting partners are the hotel and the customer. The contract shall enter into force upon acceptance of the customer’s order by the hotel. The hotel is free to confirm the room booking in writing.
2.2 As a rule, all claims against the hotel shall expire in one year from the statutory beginning of limitation. Compensation claims shall expire subject to knowledge in five years, insofar as they are not based on injury to life, limb, health or freedom. These compensation claims shall expire regardless of knowledge in ten years. This shall not apply to compensation claims or other claims, insofar as the latter are based on a wilful, grossly negligent breach of obligation on the part of the hotel.
3 SERVICES, PRICES, PAYMENT, OFFSETTING
3.1 The hotel undertakes to provide the customer with the booked rooms and perform the agreed services.
3.2 The customer undertakes to pay the agreed or applicable prices of the hotel for hotel use and the additional services used by the customer. This also applies to services commissioned by the customer directly or via the hotel, which are performed by third parties and advanced by the hotel.
3.3 The agreed prices are stated including the taxes and local duties applicable at the time of contractual conclusion. These prices do not include local duties owed by the guest themselves in accordance with the respective local law, such as visitor’s tax (Kurtaxe). In the event of a change to the statutory VAT or introduction, change or abolition of local duties on the contractual object following contractual conclusion, the prices shall be adjusted accordingly. For contracts with consumers, this only applies if the period between contractual conclusion and contractual fulfilment exceeds four months.
3.4 The hotel may make its approval for a reduction – subsequently requested by the customer – in the number of booked rooms, the service of the hotel or the length of stay of the customer dependent upon an increase in the price for the rooms and/or for the other services of the hotel.
3.5 Invoices of the hotel without a date of maturity are payable within ten days of receipt of the invoice without any deductions. The hotel may demand the prompt payment of any claims from the customer at any time. In the event of default on payment, the hotel is permitted to demand the respectively applicable default interest in the amount currently of 9% or respectively, in the case of transactions in which a consumer participates, in the amount of 6% above the base interest rate. The hotel reserves the right to provide evidence of higher damages.
3.6 The hotel is permitted to demand from the customer an appropriate advance payment or security deposit upon contractual conclusion, for example in the form of a credit card guarantee. The amount of the advance payment and the payment terms may be agreed in the contract in writing. In the case of advance payments or security deposits for package holidays, the statutory provisions remain unaffected.
3.7 In justified cases, such as payment arrears on the part of the customer or extension of the contractual scope, the hotel is also permitted to demand an advance payment or security deposit in the meaning of the above Section 3.6 or an increase of the contractually agreed advance payment or security deposit up to the full, agreed remuneration following contractual conclusion until the beginning of the stay.
3.8 Moreover, the hotel is permitted to demand from the customer an appropriate advance payment or security deposit in the meaning of the above Section 3.6 for existing and future claims arising from the contract at the start of and during the stay, insofar as such an advance payment or security deposit has not already been settled in accordance with the above Section 3.6 and/or Section 3.7.
3.9 The customer may only offset or allocate a claim of the hotel with an undisputed or legally determined claim.
4 WITHDRAWAL OF THE CUSTOMER (CANCELLATION) / NON-UTILISATION OF THE SERVICES OF THE HOTEL (NO-SHOW)
4.1 A withdrawal of the customer from the contract concluded with the hotel is only possible if a right of withdrawal was expressly agreed in the contract, a statutory right of withdrawal exists or if the hotel expressly agrees to contractual termination. The agreement of a right of withdrawal as well as any approval of contractual termination must be made in writing.
4.2 Insofar as a deadline for free withdrawal from the contract was agreed between the hotel and the customer, the customer may withdraw from the contract until this date without thereby establishing a payment or compensation claim on the part of the hotel. The right of withdrawal on the part of the customer shall expire if the customer does not exercise this right of withdrawal against the hotel by the agreed deadline.
4.3 If a right of withdrawal is not agreed or has already expired, and if there is no statutory right of withdrawal or termination and the hotel does not agree to contractual termination, the hotel shall retain its claim to the agreed remuneration despite non-utilisation of the service. The hotel shall take into account the saved expenses and may estimate the deduction. In this case, the customer undertakes to pay at least 90% of the contractually agreed price for accommodation with or without breakfast as well as for package arrangements with external services, 70% for half board and 60% for full-board arrangements. The customer is free to provide evidence that the aforementioned claim was not incurred in the amount demanded or at all.
5 WITHDRAWAL OF THE HOTEL
5.1 Insofar as it has been agreed that the customer may withdraw from the contract within a defined period, the hotel shall likewise be permitted to withdraw from the contract in this period if enquiries from other customers are received for the contractually booked rooms and the customer does not waive their right of withdrawal at the request of the hotel following an appropriate period.
5.2 If an advance payment or security deposit agreed or demanded in accordance with Section 3.6 and/or Section 3.7 is not paid even after expiration of a reasonable subsequent period set by the hotel, the hotel shall likewise be permitted to withdraw from the contract.
5.3 Furthermore, the hotel is permitted to withdraw from the contract extraordinarily for an objectively justified reason, in particular if:
‐ force majeure or other circumstances not attributable to the hotel render fulfilment of the contract impossible;
‐ rooms or premises are culpably booked under misleading or incorrect information or the omission of important facts; important facts in this context may relate to the identity of the customer, ability to pay or the purpose of the stay;
‐ the hotel has justified cause to assume that the utilisation of the service may endanger the smooth operation of the hotel, safety or the reputation of the hotel in the general public without this being attributable to the management or organisation of the hotel;
‐ the purpose or cause of the stay is unlawful;
‐ a violation of the above Section 1.2 has occurred.
5.4 The justified withdrawal of the hotel shall not establish any compensation claims on the part of the customer.
6 ROOM PROVISION, HANDOVER AND RETURN
6.1 The customer shall not obtain any claim to the provision of certain rooms, unless this has been expressly agreed.
6.2 Booked rooms shall be available to the customer from 2:00 pm on the agreed date of arrival. The customer shall have no entitlement to earlier provision.
6.3 The rooms must be cleared and made available to the hotel no later than 11:00 am on the agreed date of departure. After this time, the hotel may charge 50% of the full lodging price (list price) until 6:00 pm and 90% after 6:00 pm due to the delayed clearance of the room for its use beyond the period contractually agreed. Contractual claims on the part of the customer shall not be established thereby. The customer is free to provide evidence that a significantly lower claim to usage fees, or none at all, has been incurred to the hotel.
7 LIABILITY OF THE HOTEL
7.1 The hotel shall be liable for damages for which it is responsible on the basis of injury to life, limb or health. Moreover, the hotel shall be liable for other damages which arise due to a wilful or grossly negligent breach of obligation on the part of the hotel or respectively a wilful or grossly negligent breach of contractually typical obligations on the part of the hotel. A breach of obligation on the part of the hotel shall be equal to such a breach by a legal representative or vicarious agent. Further compensation claims are excluded, unless otherwise regulated in this Section 7. Should disruptions or defects occur in the services of the hotel, the hotel shall endeavour to provide remedy upon discovery thereof or the prompt complaint of the customer. The customer undertakes to contribute to a reasonable extent to resolve the disruption and minimise any possible damages.
7.2 For items brought into the hotel, the hotel shall be liable towards the customer according to the statutory provisions. The hotel recommends the use of the hotel or room safe. In the event that the customer intends to bring in money, securities and valuables with a value of more than EUR 800 or other items with a value of more than EUR 3,500, this shall require a separate safekeeping agreement with the hotel.
7.3 Insofar as the customer is provided with a parking space in the hotel garage or hotel car park, including in exchange for a fee, this shall not thereby establish a safekeeping agreement. In the event of the loss or damage of motor vehicles parked on hotel premises, or the loss or damage of their contents, the hotel shall only be liable in accordance with the above Section 7.1, clauses 1 to 5.
7.4 Wake-up services shall be performed by the hotel with the greatest care. Messages, post and consignments for guests shall be handled with care. The hotel shall assume the delivery, retention as well as – where required and in exchange for a fee – the forwarding thereof. In this connection, the hotel shall only be liable in accordance with the above Section 7.1, clauses 1 to 4.
8 LIABILITY OF THE ORGANISER
8.1 The customer shall be responsible for losses or damages caused by their employees, vicarious agents and event participants as well as for losses or damages caused by themselves. It is the responsibility of the customer to take out corresponding insurance policies in this regard. The hotel may demand the presentation of such insurance policies.
8.2 In order to prevent damages to walls and furniture, the installation of decoration materials or other items must be coordinated with the hotel in advance. The customer shall guarantee that in particular decoration materials in the foyer comply with police requirements. In case of doubt, the hotel is permitted to demand the presentation of a corresponding fire safety confirmation.
8.3 The hotel shall be liable for the loss or damage of items brought in only in the event of culpability in accordance with statutory provisions.
9 VOUCHERS
9.1 A contract shall arise with Hotel Brandenburger Tor Potsdam GmbH upon payment of the voucher. The voucher shall only become valid upon payment in full.
9.2 Only persons who are at least 17 years of age are permitted to purchase the vouchers online.
9.3 The purchaser of the voucher is responsible for entering the correct data (in particular email addresses) to which the voucher and invoice are to be sent.
9.4 The voucher may not be resold and is not transferable.
9.5 The voucher can only be redeemed subject to availability of the hotel.
9.6 The voucher may not be paid out in cash.
9.7 Redemption of a part of a voucher is only possible for value vouchers.
9.8 Vouchers may not be used in the context of online payments.
9.9 Unless otherwise agreed, the statutory period of three years shall apply to the limitation of claims arising from vouchers.
CANCELLATION POLICY
Declarations on vouchers may be revoked in any form (letter, fax, email) within 14 days without indicating reasons, or if the voucher is transferred prior to expiry, also by means of returning the voucher. The period shall begin upon receipt of this instruction in writing, yet not before receipt of the voucher by the recipient. In order to observe the revocation period, the punctual dispatch of the revocation or the voucher shall suffice. Revocation is to be sent to:
Hotel Brandenburger Tor Potsdam GmbH
Brandenburger Str. 1
14467 Potsdam
Tel.: +49 331.877 00 000
Fax: +49 331.236 07 555
Email: info@hotel-brandenburger-tor.de
A right of revocation is excluded if utilisation of the service has already begun within the revocation period.
11 FINAL PROVISIONS
11.1 Amendments and supplements to the contract, order acceptance or these General Terms of Business must be made in writing. This also applies to the waiver of the written form requirement. Unilateral amendments or supplements on the part of the customer shall not be valid.
11.2 The place of fulfilment and payment as well as the exclusive jurisdiction – including for disputes regarding cheques – is Arnstadt in commercial dealings. Insofar as a contracting partner fulfils the requirements of Section 38 (2) of the Code of Civil Procedure (Zivilprozessordnung, ZPO) and has no general jurisdiction domestically, the registered address of the hotel shall apply as the jurisdiction.
GENERAL TERMS OF BUSINESS FOR EVENTS of Hotel Brandenburger Tor Potsdam GmbH
1 SCOPE
1.1 These General Terms of Business apply to contracts on the rental use of conference, banquet and event rooms of Hotel Brandenburger Tor Potsdam GmbH for the implementation of events such as banquets, seminars, conferences, exhibitions and presentations etc., as well as to all further services and deliveries of the hotel provided for customers in this context.
1.2 The subletting or reletting of rented rooms, premises or showcases as well as the invitation to interviews, sales events or similar events require the advance consent of the hotel in writing, whereby Section 540 (1) Clause 2 of the Civil Code (Bürgerliches Gesetzbuch, BGB) is excluded if the customer is not a consumer.
1.3 The general terms of business of the customer shall only apply if this is expressly agreed in advance.
2 CONTRACTUAL CONCLUSION, CONTRACTING PARTNERS, LIABILITY, LIMITATION
2.1 The contracting partners are the hotel and the customer. The contract shall enter into force upon acceptance of the customer’s order by the hotel. The hotel is free to confirm the event booking in writing.
2.2 The hotel shall be liable for damages for which it is responsible on the basis of injury to life, limb or health. Moreover, the hotel shall be liable for other damages which arise due to a wilful or grossly negligent breach of obligation on the part of the hotel or respectively a wilful or grossly negligent breach of contractually typical obligations on the part of the hotel. A breach of obligation on the part of the hotel shall be equal to such a breach by a legal representative or vicarious agent. Further compensation claims are excluded, unless otherwise regulated in Section 9. Should disruptions or defects occur in the services of the hotel, the hotel shall endeavour to provide remedy upon discovery thereof or the prompt complaint of the customer. The customer undertakes to contribute to a reasonable extent to resolve the disruption and minimise any possible damages. In other respects, the customer undertakes to promptly notify the hotel of the possibility of the occurrence of extraordinarily high damages.
2.3 As a rule, all claims against the hotel shall expire in one year from the statutory beginning of limitation. Compensation claims shall expire subject to knowledge in five years, insofar as they are not based on injury to life, limb, health or freedom. These compensation claims shall expire regardless of knowledge in ten years. The reductions of limitation shall not apply to claims based on a wilful, grossly negligent breach of obligation on the part of the hotel.
3 SERVICES, PRICES, PAYMENT, OFFSETTING
3.1 The hotel undertakes to provide the customer with the services booked and agreed with the hotel.
3.2 The customer undertakes to pay the agreed or applicable prices of the hotel for these services and additional services utilised. This also applies to services commissioned by the customer directly or via the hotel, which are performed by third parties and advanced by the hotel. In particular, this also applies to the claims of copyright collecting agencies.
3.3 The agreed prices are stated including the taxes applicable at the time of contractual conclusion. In the event of changes to the statutory VAT or introduction, change or abolition of local duties on the contractual object following contractual conclusion, the prices shall be adjusted accordingly. For contracts with consumers, this only applies if the period between contractual conclusion and contractual fulfilment exceeds four months.
3.4 Invoices of the hotel without a date of maturity are payable within ten days of receipt of the invoice without any deductions. The hotel may demand the prompt payment of any claims from the customer at any time. In the event of default on payment, the hotel is permitted to demand the respectively applicable default interest in the amount currently of 8% or respectively, in the case of transactions in which a consumer participates, in the amount of 5% above the base interest rate. The hotel reserves the right to provide evidence of higher damages.
3.5 The hotel is permitted to demand from the customer an appropriate advance payment or security deposit upon contractual conclusion, for example in the form of a credit card guarantee. The amount of the advance payment and the payment terms may be agreed in the contract in writing.
3.6 In justified cases, such as payment arrears on the part of the customer or extension of the contractual scope, the hotel is also permitted to demand an advance payment or security deposit in the meaning of the above Section 3.5 or an increase of the contractually agreed advance payment or security deposit up to the full, agreed remuneration following contractual conclusion until the beginning of the event.
3.7 The customer may only offset or allocate a claim of the hotel with an undisputed or legally determined claim.
4 WITHDRAWAL OF THE CUSTOMER (CANCELLATION)
4.1 A withdrawal of the customer from the contract concluded with the hotel is only possible if a right of withdrawal was expressly agreed in the contract, a statutory right of withdrawal exists or if the hotel expressly agrees to contractual termination. The agreement of a right of withdrawal as well as any approval of contractual termination must be made in writing.
4.2 Insofar as a deadline for free withdrawal from the contract was agreed between the hotel and the customer, the customer may withdraw from the contract until this date without thereby establishing a payment or compensation claim on the part of the hotel. The right of withdrawal on the part of the customer shall expire if the customer does not exercise this right of withdrawal against the hotel by the agreed deadline.
4.3 If a right of withdrawal is not agreed or has already expired, and if there is no statutory right of withdrawal or termination and the hotel does not agree to contractual termination, the hotel shall retain its claim to the agreed remuneration despite non-utilisation of the service. The hotel shall take into account the saved expenses. The respectively saved expenses may be estimated in this connection in accordance with Sections 4.4, 4.5 and 4.6. The customer is free to provide evidence that the claim was not incurred in the amount demanded or at all. The hotel is free to provide evidence that a higher claim was incurred.
4.4 Should the customer withdraw, the hotel is permitted to charge 70% of the lost catering revenue in addition to the agreed rental price.
4.5 The catering revenue shall be calculated according to the following formula: agreed menu price x number of participants. If no price had yet been agreed for the menu or catering, the most inexpensive 3-course menu from the event offering of the hotel shall be used as a basis.
4.6 If an event rate per participant was agreed, the hotel is permitted to charge 85% of the event rate x the agreed number of participants in the event of withdrawal.
5 WITHDRAWAL OF THE HOTEL
5.1 Insofar as it has been agreed that the customer may withdraw from the contract within a defined period, the hotel shall likewise be permitted to withdraw from the contract in this period if enquiries from other customers are received for the contractually booked event rooms and the customer does not waive their right of withdrawal at the request of the hotel following an appropriate period.
5.2 If an advance payment or security deposit agreed or demanded in accordance with Section 3.5 and/or Section 3.6 is not paid even after expiration of a reasonable subsequent period set by the hotel, the hotel shall likewise be permitted to withdraw from the contract.
5.3 Furthermore, the hotel is permitted to withdraw from the contract extraordinarily for an objectively justified reason, in particular if force majeure or other circumstances not attributable to the hotel render fulfilment of the contract impossible, including if:
The justified withdrawal of the hotel shall not establish any compensation claims on the part of the customer.
5.4 Withdrawal of the hotel following online booking
In very rare cases, it is possible that overlaps occur in the display/reservation process; the hotel therefore reserves the right to exercise a 24-hour right of revocation on workdays or a 48-hour right of revocation on Sundays and public holidays, if the event was booked online.
6 AMENDMENTS TO THE NUMBER OF PARTICIPANTS AND THE EVENT TIME
6.1 An increase in the number of participants of more than 5% must be disclosed to the hotel no later than five workdays prior to the beginning of the event; it shall require the written consent of the hotel. Billing shall be based on the actual number of participants, yet at least 95% of the agreed higher number of participants. No more than 5% of the agreed participants may cancel free of charge up to three days prior to arrival. In the event of later cancellations by individual participants, 90% of the booked revenue per participant shall be charged.
6.3 In the event of a reduction of the number of participants of more than 10%, the hotel is permitted to exchange the confirmed rooms taking into account any deviating room rental, unless this is unreasonable for the customer.
6.4 Should the agreed start or end times of the event move and the hotel agrees to these changes, the hotel may appropriately charge for the additional service availability, unless the hotel is responsible for the change in times.
7 BRINGING OF FOOD AND DRINKS
As a rule, the customer is not permitted to bring food and drinks to events. Exceptions require an agreement with the hotel. In these cases, an amount shall be charged to cover the overhead costs.
8 TECHNICAL EQUIPMENT AND CONNECTIONS
8.1 Insofar as the hotel procures technical and other equipment from third parties for the event of the customer, it shall act on behalf, with the authorisation and in the account of the customer. The customer shall be liable for careful handling and the proper return of such equipment. The customer shall release the hotel from all third-party claims arising from the use of this equipment.
8.2 The use of the customer’s own electrical equipment in combination with the use of the hotel’s electricity network shall require the consent of the hotel. Any disruptions or damages to the technical equipment of the hotel due to the use of the customer’s own equipment shall be at the expense of the customer, unless the hotel is responsible for the disruptions and damages. The hotel may estimate and charge for the electricity costs incurred in connection with this use.
8.3 The customer is permitted to use their own telephone, fax and data transmission equipment with the consent of the hotel. The hotel may charge a connection fee in this regard.
8.4 Should suitable equipment of the hotel remain unused as a result of the connection of the customer’s own equipment, a compensation fee may be charged.
8.5 Disruptions to the technical or other equipment provided by the hotel shall be promptly resolved, where possible. Payments may not be retained or reduced, insofar as the hotel is not responsible for these disruptions.
9 LOSS OR DAMAGE OF ITEMS BROUGHT
9.1 Exhibition or other items, including personal items, are brought into the event rooms or the hotel at the risk of the customer. The hotel shall accept no liability for loss, destruction or damage, even for property damages, except in the event of gross negligence or intent on the part of the hotel. This does not apply to damages on the basis of injury to life, limb or health. Moreover, all cases in which the safekeeping represents a contractually typical obligation due to the circumstances of the individual case shall be excluded from this liability exemption.
9.2 Brought decoration materials must comply with fire safety requirements. The hotel is permitted to demand the presentation of official confirmation. If no such confirmation is presented, the hotel is permitted to remove any materials already brought in at the cost of the customer. Due to the possibility for damages, the placement and installation of items must be coordinated with the hotel in advance.
9.3 Brought exhibition or other items must be promptly removed after the end of the event. Should the customer fail to do so, the hotel may perform the removal and storage at the cost of the customer. In the event that the items remain in the event room, the hotel may charge an appropriate usage fee for the period in which the room is unavailable for this reason.
10 LIABILITY OF THE CUSTOMER FOR DAMAGES
10.1 Insofar as the customer is an operator, they shall be liable for all damages to buildings or inventory, which are caused by event participants or visitors, staff, other third parties under their responsibility or themselves.
10.2 The hotel is permitted to demand from the customer the payment of an appropriate security deposit, for example in the form of a credit card guarantee or advance payment.
11 FINAL PROVISIONS
11.1 Amendments and supplements to the contract, order acceptance or these General Terms of Business must be made in writing. Unilateral amendments or supplements on the part of the customer shall not be valid.
11.2 The place of fulfilment and payment as well as the exclusive jurisdiction – including for disputes regarding cheques and bills of exchange – is Arnstadt in commercial dealings. Insofar as a contracting partner fulfils the requirement of Section 38 (2) of the Code of Civil Procedure (Zivilprozessordnung, ZPO) and has no general jurisdiction domestically, Munich shall be deemed to be the jurisdiction.
11.3 German law applies. The application of the UN Convention on the International Sale of Goods and the conflict of laws is excluded.
11.4 Should individual provisions of these General Terms of Business for Events be or become invalid or ineffective, this shall not thereby affect the validity of the remaining provisions. Furthermore, the statutory provisions apply.
