General terms and conditions for the hotel accommodation contract (as of November 2017)

Information on data collection in accordance with Article 13 GDPR
Hotel und Restaurant Kolpinghaus Frankfurt GmbH, Lange Strasse 26, 60311 Frankfurt, Managing Director Mrs. Andrea Gänsslen-Halfbrodt, collects your data for the purpose of executing the contract, fulfilling its contractual and pre-contractual obligations and for direct advertising.
The data collection and processing is necessary for the execution of the contract and is based on Article 6 Paragraph 1 b) GDPR. The data will not be passed on to third parties. The data will be deleted as soon as it is no longer required for the purpose of processing.
You have the right to object to the use of your data for direct advertising purposes at any time. You are also entitled to request information about the data we have stored about you and to request that the data be corrected if it is incorrect or that the data be deleted if the data has been stored impermissibly. You can contact our data protection officer at info@jsgconsulting.de or at Jan Schmidt-Gehring, jSG Hotel Consulting, Sandbornstrasse 8, 65197 Wiesbaden.
You also have the right to lodge a complaint with the supervisory authority.
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Quality assurance
The e-mail addresses of our customers, as well as their other data described in this information, are stored on the servers of Kolpingwerk Dienstleistungs GmbH, St.-Apern Straße 32, 50667 Cologne, Germany for a quality query. Qualitätssicherer uses this information for one-time dispatch and to evaluate the quality of our service on our behalf. However, Kolpingwerk Dienstleistungs GmbH does not use our customers’ data to write to them directly or to pass it on to third parties.
You have the right to object to the use of your data for the purpose of the quality query at any time. You are also entitled to request information about the data we have stored about you and, if the data is incorrect, to request that the data be corrected or, if the data has been stored impermissibly, to request that the data be deleted. You can contact our data protection officer at info@jsgconsulting.de or at Jan Schmidt-Gehring, jSG Hotel Consulting, Sandbornstrasse 8, 65197 Wiesbaden.
You also have the right to lodge a complaint with the supervisory authority.

 

§ 1. Scope

1.1
These terms and conditions apply to contracts for the rental of hotel rooms for accommodation as well as all other services and deliveries provided by the hotel for the customer in this context (hotel accommodation contract). The term “hotel accommodation contract” includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room contract.

1.2
The subletting or further rental of the rooms provided as well as their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby Section 540 Paragraph 1 Sentence 2 of the German Civil Code is waived if the customer is not a consumer.

1.3
The customer’s general terms and conditions shall only apply if this has been expressly agreed in advance.

§ 2. Conclusion of contract, contracting parties, limitation period

2.1
The contracting parties are the hotel and the customer. The contract is concluded when the hotel accepts the customer’s request. The hotel is free to confirm the room booking in text form.

2.2
All claims against the hotel generally expire within one year from the start of the statutory limitation period. This does not apply to claims for damages and other claims, provided the latter are based on an intentional or grossly negligent breach of duty by the hotel.

§ 3. Services, prices, payment, offsetting

3.1
The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.

3.2
The customer is obliged to pay the agreed or applicable hotel prices for the room and the other services used by the customer. This also applies to services ordered by the customer directly or through the hotel, which are provided by third parties and paid for by the hotel.

3.3
The agreed prices include the taxes and local charges applicable at the time the contract is concluded. They do not include local charges that the guest is liable to pay under the respective local law, such as tourist tax.
If the statutory sales tax changes or local charges on the service object are introduced, changed or abolished after the contract has been concluded, the prices will be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between conclusion of the contract and contract fulfillment exceeds four months.

3.4
The hotel may make its consent to a subsequent reduction in the number of rooms booked, the hotel’s services or the customer’s length of stay requested by the customer dependent on an increase in the price of the rooms and/or other services provided by the hotel.

3.5
Hotel invoices without a due date are payable within ten days of receipt of the invoice without deduction. The hotel can demand immediate payment of outstanding amounts from the customer at any time. If the customer defaults on payment, the statutory provisions apply. The hotel reserves the right to prove that the damage is greater.

3.6
The hotel is entitled to demand an appropriate advance payment or security 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 can be agreed in writing in the contract. In the case of advance payments or security for package tours, the statutory provisions remain unaffected. In the event of default of payment by the customer, the statutory provisions apply.

3.7
In justified cases, for example if the customer is in arrears with payment or if the scope of the contract is extended, the hotel is entitled, even after the conclusion of the contract and up to the start of the stay, to demand an advance payment or security within the meaning of section 3.6 above or an increase in the advance payment or security agreed in the contract up to the full agreed remuneration.

3.8
The hotel is also entitled to demand from the customer at the beginning and during the stay an appropriate advance payment or security deposit within the meaning of the above clause 3.6 for existing and future claims arising from the contract, provided that such payment has not already been made in accordance with the above clause 3.6 and/or clause 3.7.

3.9
The customer may only offset or set off a claim against a claim of the hotel if it is undisputed or legally binding.

§ 4. Withdrawal by the customer (cancellation)/
non-use of the hotel’s services (no show)

4.1
The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal was expressly agreed in the contract, another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal and any consent to the cancellation of the contract must be made in writing.

4.2
If a date for free withdrawal from the contract has been agreed between the hotel and the customer, the customer can withdraw from the contract up to that date without triggering any payment or compensation claims by the hotel. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal vis-à-vis the hotel by the agreed date.

4.3
If a right of withdrawal has not been agreed or has already expired, there is also no legal right of withdrawal or termination and the hotel does not agree to a cancellation of the contract, the hotel retains the right to the agreed remuneration despite non-use of the service. The hotel must take into account the income from renting the rooms to other parties and the expenses saved. If the rooms are not rented to other parties, the hotel can deduct a flat rate for saved expenses. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for overnight accommodation with or without breakfast and for package arrangements with third-party services, 70% for half-board and 60% for full-board arrangements. The customer is free to provide evidence that the aforementioned claim did not arise or did not arise to the required amount.

§ 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 of time, the hotel is entitled to withdraw from the contract during this period if other customers request the contractually booked rooms and the customer does not waive his right of withdrawal when asked by the hotel within a reasonable period of time.

5.2
If an advance payment or security deposit agreed or requested in accordance with Section 3.6 and/or Section 3.7 is not made even after the expiry of a reasonable grace period set by the Hotel, the Hotel shall also be entitled to withdraw from the contract.

5.3
Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, in particular if

• Force majeure or other circumstances beyond the hotel’s control make the fulfilment of the contract impossible;
• Rooms or spaces are booked negligently using misleading or false information or by concealing essential facts; the identity of the customer, their ability to pay or the purpose of their stay may be important in this regard;
• the hotel has reasonable grounds to believe that the use of the service may endanger the smooth running of the business, the security or the public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organization;
• the purpose or reason for the stay is unlawful;
• there is a violation of paragraph 1.2 above.

5.4
The justified withdrawal of the hotel does not give rise to any claim for damages on the part of the customer.

§ 6. Room provision, handover and return

6.1
The customer does not acquire any right to the provision of specific rooms unless this has been expressly agreed.

6.2
Booked rooms are available to the customer from 3:00 p.m. on the agreed arrival day. The customer has no right to earlier availability.

6.3
On the agreed departure day, the rooms must be vacated and made available to the hotel by 12:00 noon at the latest. After that, the hotel can charge 50% of the full accommodation price (list price) for use of the room beyond the contractual period until 6:00 p.m. and 90% from 6:00 p.m. due to the late vacating of the room. This does not constitute grounds for contractual claims by the customer. The customer is free to prove that the hotel has no or a significantly lower claim to usage fees.

 

§ 7. Liability of the hotel

7.1
The hotel is liable for damages caused by it resulting from injury to life, body or health. It is also liable for other damages that are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of typical contractual obligations of the hotel. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. Further claims for damages are excluded unless otherwise provided in this Section 7. If disruptions or defects in the hotel’s services occur, the hotel will endeavor to remedy the situation upon knowledge of the hotel or upon immediate complaint by the customer. The customer is obliged to do what is reasonable to remedy the disruption and to minimize any possible damage.

7.2
The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions. The hotel recommends using the hotel or room safe. If the guest wishes to bring in money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a separate storage agreement with the hotel.

7.3
If the customer is provided with a parking space in the hotel garage or on the hotel car park, even for a fee, this does not constitute a storage contract. In the event of loss or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel is only liable in accordance with the above section 7.1, sentences 1 to 4.

7.4
Wake-up calls are carried out by the hotel with the utmost care.
Messages, mail and goods sent to guests are handled with care. The hotel is responsible for delivery, storage and – if requested – forwarding of the same for a fee. The hotel is only liable in accordance with the above section 7.1, sentences 1 to 4.

§ 8. Final provisions

8.1
Changes and additions to the contract, the acceptance of the application or these General Terms and Conditions must be made in writing. Unilateral changes or additions by the customer are invalid.

8.2
The place of performance and payment as well as the exclusive place of jurisdiction – also for disputes over checks and bills of exchange – is the commercial city of Frankfurt am Main. If a contractual partner meets the requirements of Section 38 Paragraph 2 of the Code of Civil Procedure and does not have a general place of jurisdiction in Germany, the place of jurisdiction is Frankfurt am Main.

8.3
German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.

8.4
Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions shall apply.

General Terms and Conditions for Events (as of November 2017)

§ 1. Scope

1.1
These terms and conditions apply to contracts for the rental of conference, banquet and event rooms of the hotel for the holding of events such as banquets, seminars, conferences, exhibitions and presentations, etc. as well as for all other services and deliveries provided by the hotel for the customer in this context.

1.2
The subletting or further rental of the rooms, areas or display cases provided as well as the invitation to interviews, sales or similar events require the prior consent of the hotel in text form, whereby Section 540 Paragraph 1 Sentence 2 of the German Civil Code is waived if the customer is not a consumer.

1.3
The customer’s general terms and conditions shall only apply if this has been expressly agreed in advance.

§ 2. Conclusion of contract, contracting party, liability, limitation period

2.1
The contracting parties are the hotel and the customer. The contract is concluded when the hotel accepts the customer’s application. The hotel is free to confirm the booking of the event in text form.

2.2
The hotel is liable for damages caused by it resulting from injury to life, body or health. It is also liable for other damages that are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of typical contractual obligations of the hotel. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. Further claims for damages, unless otherwise provided in Section 9, are excluded. If disruptions or defects in the hotel’s services occur, the hotel will endeavor to remedy the situation upon knowledge of them or upon immediate complaint by the customer. The customer is obliged to do what is reasonable to remedy the disruption and to keep any possible damage to a minimum. In addition, the customer is obliged to inform the hotel in good time of the possibility of exceptionally high damage occurring.

2.3
All claims against the hotel generally expire within one year from the start of the statutory limitation period. This does not apply to claims for damages and other claims, provided the latter are based on an intentional or grossly negligent breach 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 promised by the hotel.

3.2
The customer is obliged to pay the hotel’s agreed or applicable prices for these and other services used. This also applies to services ordered by the customer directly or through the hotel, which are provided by third parties and paid for by the hotel. In particular, this also applies to claims from copyright collecting societies.

3.3
The agreed prices include the taxes applicable at the time the contract is concluded.
If there are changes to the statutory sales tax or if local taxes on the service object are introduced, changed or abolished after the contract has been concluded, the prices will be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between conclusion of the contract and contract fulfillment exceeds four months.

3.4
Hotel invoices without a due date are payable within ten days of receipt of the invoice without deduction. The hotel can demand immediate payment of outstanding amounts from the customer at any time. If the customer defaults on payment, the statutory provisions apply. The hotel reserves the right to prove that the damage is greater.

3.5
The hotel is entitled to demand an appropriate advance payment or security 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 can be agreed in writing in the contract. In the event of default of payment by the customer, the statutory provisions apply.

3.6
In justified cases, for example if the customer is in arrears with payment or if the scope of the contract is extended, the hotel is entitled, even after the conclusion of the contract and up to the start of the event, to demand an advance payment or security within the meaning of section 3.5 above or an increase in the advance payment or security agreed in the contract up to the full agreed remuneration.

3.7
The customer may only offset or set off a claim against a claim of the hotel if it is undisputed or legally binding.

§ 4. Withdrawal by the customer (cancellation, cancellation)

4.1
The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal was expressly agreed in the contract, another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal and any consent to the cancellation of the contract must be made in writing.

4.2
If a date for free withdrawal from the contract has been agreed between the hotel and the customer, the customer can withdraw from the contract up to that date without triggering any payment or compensation claims by the hotel. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal vis-à-vis the hotel by the agreed date.

4.3
If a right of withdrawal has not been agreed or has already expired, there is also no legal right of withdrawal or termination and the hotel does not agree to a cancellation of the contract, the hotel retains the right to the agreed remuneration despite non-use of the service. The hotel must take into account the income from renting the rooms to other parties and the expenses saved. The expenses saved in each case can be calculated as a flat rate in accordance with sections 4.4, 4.5 and 4.6. The customer is free to provide evidence that the claim did not arise or did not arise to the required amount. The hotel is free to provide evidence that a higher claim arose.

4.4
If the customer cancels between the 8th and 4th week before the event date, the hotel is entitled to charge 35% of the lost food sales in addition to the agreed rental price, and 70% of the food sales for any later cancellation.

4.5
The food turnover is calculated according to 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 current event offer will be used as a basis.

4.6
If a conference fee per participant has been agreed, the hotel is entitled to charge 60% of the conference fee x agreed number of participants in the event of cancellation between the 8th and 4th week before the event date, and 85% of the conference fee x agreed number of participants in the event of later cancellation.

§ 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 of time, the hotel is entitled to withdraw from the contract during this period if other customers request the contractually booked event rooms and the customer does not waive his right to withdraw when asked by the hotel within a reasonable period of time.

5.2
If an advance payment or security deposit agreed or requested in accordance with Section 3.5 and/or Section 3.6 is not made even after the expiry of a reasonable grace period set by the Hotel, the Hotel shall also be entitled to withdraw from the contract.

5.3
Furthermore, the hotel is entitled to withdraw from the contract for good cause, in particular if
– force majeure or other circumstances beyond the hotel’s control make the fulfillment of the contract impossible;
– events or rooms are booked negligently using misleading or false information or by concealing essential facts; the identity of the customer, ability to pay or the purpose of the stay may be important in this case;
– the hotel has reasonable grounds to believe that the event could endanger the smooth running of the business, the security or the public reputation of the hotel without this being attributable to the hotel’s sphere of control or organization;
– the purpose or reason for the event is illegal;
– there is a violation of Section 1.2.

5.4
The justified withdrawal of the hotel does not give rise to any claim for damages on the part of the customer.

§ 6. Changes in the number of participants and the event time

6.1
An increase in the number of participants by more than 5% must be communicated to the hotel at least five working days before the start of the event; this requires the hotel’s consent, which must be given in writing. The actual number of participants will be used as the basis for billing, 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 he can prove.

6.2
A reduction in the number of participants by more than 5% should be communicated to the hotel in good time, at the latest five working days before the start of the event. The actual number of participants will be used as the basis for billing, but at least 95% of the ultimately agreed number of participants. Clause 6.1 sentence 3 applies accordingly.

6.3
If the number of participants is reduced by more than 10%, the hotel is entitled to exchange the confirmed rooms, taking into account any different room rental, unless this is unreasonable for the customer.

6.4
If the agreed start or end times of the event are changed and the hotel agrees to these deviations, the hotel may charge an appropriate amount for the additional service, unless the hotel is at fault.

§ 7. Bringing food and drinks

7.1
The customer is not permitted to bring food and drinks to events. Exceptions require an agreement with the hotel. In these cases, a contribution to cover overhead costs will be charged.

§ 8. Technical equipment and connections

8.1
If the hotel procures technical and other equipment from third parties for the customer at the customer’s request, it does so in the name, on behalf and at the customer’s expense.
The customer is liable for the careful handling and proper return. He releases the hotel from all claims by third parties arising from the provision of these facilities.

8.2
The use of the customer’s own electrical equipment using the hotel’s power grid requires the customer’s consent. Any malfunctions or damage to the hotel’s technical equipment caused by the use of these devices is the responsibility of the customer, unless the hotel is responsible for them. The hotel may record and charge a flat rate for the electricity costs incurred through the use of the equipment.

8.3
With the consent of the hotel, the customer is entitled to use his or her own telephone, fax and data transmission facilities. The hotel may charge a connection fee for this.

8.4
If suitable hotel facilities remain unused due to the customer connecting his own facilities, a compensation fee may be charged.

8.5
Malfunctions in technical or other facilities provided by the hotel will be remedied as soon as possible. Payments cannot be withheld or reduced if the hotel is not responsible for these malfunctions.

§ 9. Loss or damage to items brought along

9.1
Exhibition items or other items, including personal items, are at the customer’s risk in the event rooms or in the hotel. The hotel accepts no liability for loss, destruction or damage, including financial losses, except in cases of gross negligence or intent on the part of the hotel. Excluded from this are damages resulting from injury to life, body or health. In addition, all cases in which safekeeping represents a contractual obligation due to the circumstances of the individual case are excluded from this liability exemption.

9.2
Any decorative material brought with you must comply with fire safety requirements. The hotel is entitled to request 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 placement and attachment of objects must be agreed with the hotel in advance.

9.3
Any exhibits or other items brought along must be removed immediately after the end of the event. If the customer fails to do so, the hotel may remove and store them at the customer’s expense. If the items remain in the event room, the hotel may charge appropriate compensation for the duration of the room being withheld.

§ 10. Customer’s liability for damages

10.1
If the customer is an entrepreneur, he is liable for all damage to buildings or inventory caused by event participants or visitors, employees, other third parties from his area or himself.

10.2
The hotel may require the customer to provide appropriate security, for example in the form of a credit card guarantee.

§ 11. Final provisions

11.1
Changes and additions to the contract, the acceptance of the application or these General Terms and Conditions must be made in writing. Unilateral changes or additions by the customer are invalid.

11.2
The place of performance and payment as well as the exclusive place of jurisdiction – also for disputes over checks and bills of exchange – in commercial transactions is Frankfurt am Main. If a contractual partner meets the requirements of Section 38 Paragraph 2 of the Code of Civil Procedure and does not have a general place of jurisdiction in Germany, the place of jurisdiction is Frankfurt am Main.

11.3
German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.

11.4
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. Otherwise, the statutory provisions shall apply.