General Terms and Conditions - For events.

I. Scope of application

1. these terms and conditions apply to the temporary use of conference, banqueting and event rooms of the hotel for the organisation of events such as conferences, banquets, seminars, meetings and other events as well as to all other related services and deliveries of the hotel, in particular room bookings.

2. deviating provisions, including those contained in the General Terms and Conditions of the contractual partner, shall not apply, even if we do not expressly object to them.

II Conclusion of contract

1. the event contract (hereinafter referred to as "contract") is concluded upon acceptance by the customer of the offer submitted by the hotel. The parties to this contract are the respective operating company of the hotel and the customer. If the customer concludes the contract in the name of a third party, it is the third party and not the customer who becomes the contractual partner of the hotel. The customer must specifically inform the hotel of this in good time before conclusion of the contract and inform the hotel of the name and address of the actual contractual partner.

2. if the customer recognisably concludes the contract in the name of a third party or if a third party has commissioned a commercial agent or organiser for the contractual processing, the customer, agent or organiser shall be jointly and severally liable with the third party who becomes the contractual partner for all obligations arising from the contract, insofar as the hotel has received corresponding declarations from the customer, agent or organiser. Irrespective of this, the customer is obliged to pass on to the third party all information relevant to the booking, in particular these General Terms and Conditions.

3. the subletting or re-letting of the rooms, areas or showcases provided as well as invitations to interviews, sales or similar events require the prior consent of the hotel in text form, whereby § 540 paragraph 1 sentence 2 BGB is waived insofar as the customer is not a consumer. In this case, the hotel's refusal to grant permission for subletting shall not result in the guest's right of cancellation.

III Services, prices, payment, offsetting

1. the hotel is obliged to provide the ordered and agreed services in accordance with these General Terms and Conditions.

2. the contractual partner is obliged to pay the hotel's agreed or applicable prices for these services. This also applies to services and expenses incurred by the hotel vis-à-vis third parties in connection with the event and arranged by the contract partner, in particular also to claims by copyright collecting societies. The agreed prices include the respective statutory value added tax. If the period between conclusion and fulfilment of the contract exceeds four months and the statutory value added tax or any local taxes and duties are increased or new local taxes and duties are introduced, the hotel reserves the right to increase the agreed prices by the amount by which the applicable value added tax or local taxes and duties have increased or by the amount of the newly introduced local taxes and duties. Payment must be made non-cash using one of the payment methods offered. Cash payment on site is not possible.

(3) In addition, the contractual partner shall be liable for payment of all food and beverages ordered by the event participants as well as other costs incurred by the event participants.

4. invoices of the hotel are due for payment immediately upon receipt without deduction. The hotel may demand immediate payment of due claims from the contract partner at any time. The Contractual Partner shall be in default at the latest if he fails to make payment within 30 days of the due date and receipt of an invoice; this shall only apply to a Contractual Partner who is a consumer if these consequences have been specifically pointed out in the invoice. The hotel may charge a reminder fee of € 5.00 for each reminder after default has occurred. If the debtor is not a consumer, the provisions of Section 288 (5) of the German Civil Code (BGB) shall apply (flat-rate default fee of € 40.00).

5. the hotel is entitled to demand a reasonable advance payment or security deposit in the form of a credit card guarantee, a deposit or similar from the contractual partner upon conclusion of the contract. The amount of the advance payment and the payment dates may be agreed in text form in the contract. In justified cases, e.g. payment arrears of the customer or extension of the scope of the contract, the hotel is entitled to demand an advance payment or security deposit within the meaning of the above paragraph 4 or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration, even after conclusion of the contract up to the start of the event. 6.

6. the contractual partner may only offset an undisputed or legally established claim against a claim of the hotel.

IV. Withdrawal of the contract partner, cancellation

1. the hotel grants the contract partner a right of cancellation at any time. The following conditions apply:

a) In the event of cancellation of the reservation by the contract partner, the hotel shall be entitled to reasonable compensation.

b) The hotel has the option of claiming compensation from the contract partner in the form of a flat-rate compensation fee instead of a specifically calculated compensation fee. The flat-rate compensation is calculated as follows:

Hotels up to 59 rooms

Hotels from 60 rooms

c) If the hotel calculates the compensation specifically, the maximum amount of compensation is the amount of the contractually agreed price for the service to be provided by the hotel, less the value of the expenses saved by the hotel and what the hotel acquires through other uses of the hotel services.

2. the above provisions on compensation shall apply accordingly if the contract partner does not make use of the booked services without informing the hotel in good time.

3. if the hotel has granted the contract partner an option to withdraw from the contract within a certain period without further legal consequences, the hotel shall not be entitled to compensation. Decisive for the timeliness of the cancellation is its receipt by the hotel. The contract partner must declare the cancellation in text form.

V. Cancellation by the hotel

1. insofar as the contract partner has been granted a right of cancellation free of charge pursuant to clause IV para. 3, the hotel shall also be entitled to withdraw from the contract within the agreed period if there are enquiries from other guests and customers regarding the booked rooms and function rooms and the contract partner does not waive his right of cancellation free of charge pursuant to clause IV para. 3 upon enquiry by the hotel.

2. if an agreed advance payment or security deposit or one demanded in accordance with Clause III para. 5 above is not made even after a reasonable grace period set by the hotel has expired, the hotel shall also be entitled to withdraw from the contract.

3. furthermore, the hotel is entitled to withdraw from the contract for good cause, in particular if

• force majeure or other circumstances for which the hotel is not responsible make fulfilment of the contract impossible
• events are booked with misleading or false information regarding material facts, e.g. the organiser or purpose;
• the hotel has justified cause to believe that the event may jeopardise the smooth running of the business, the security or the reputation of the hotel in the public eye, without this being attributable to the hotel's sphere of control or organisation;
• it turns out that the guest is politically or religiously extremist, in particular right-wing extremist, racist, left-wing extremist and/or anti-Semitic, or disseminates content that glorifies violence, or belongs to a group or organisation, or has made the booking for a group or organisation that is politically or religiously extremist, in particular right-wing extremist, racist, left-wing extremist and/or anti-Semitic, or disseminates content that glorifies violence, and has maintained silence about this;
• there is unauthorised subletting or re-letting within the meaning of Section II (3);
• there is a case of Section VI Para. 3;
• the hotel becomes aware of circumstances that the financial circumstances of the contract partner have deteriorated significantly after conclusion of the contract, in particular if the guest does not settle due claims of the hotel or does not provide sufficient security and therefore payment claims of the hotel appear to be jeopardised;
• the contractual partner has filed an application for the opening of insolvency proceedings against his assets, has submitted a statement of assets in accordance with § 802c of the German Code of Civil Procedure, has initiated out-of-court proceedings for the settlement of debts or has suspended payments;
• insolvency proceedings are opened against the assets of the contractual partner or the opening of such proceedings is rejected for lack of assets.

4. the hotel must inform the contract partner immediately in text form of the exercise of the right of cancellation.

5. in the aforementioned cases of cancellation, the contract partner shall not be entitled to claim damages.

VI Arrival and departure

1. the contractual partner shall not acquire any claim to the provision of specific rooms unless the hotel has confirmed the provision of specific rooms in text form.

2. booked rooms shall be available to the Contractual Partner from 3.00 p.m. on the agreed day of arrival. He is not entitled to earlier availability unless he has agreed this with the hotel in text form.

3. booked rooms must be occupied by the contractual partner or the relevant event participants by 6.00 p.m. on the agreed day of arrival at the latest. Unless a later arrival time has been expressly agreed, the hotel has the right to allocate booked rooms to other parties after 6.00 p.m. without the contract partner being able to derive any claims for compensation from this. In this respect, the hotel has a right of cancellation unless the booking has already been paid for in full in advance.

4. on the agreed day of departure, the rooms must be vacated and made available to the hotel by 11.00 a.m. at the latest. Thereafter, the hotel may charge the daily room rate for the additional use of the room until 6.00 p.m. in addition to the claim for compensation arising therefrom, and from 6.00 p.m. 100% of the full valid accommodation rate. The contract partner is at liberty to prove to the hotel that it has incurred no or significantly lower damages.

VII Changes to the number of participants and the time of the event

1. the contract partner is obliged to inform the hotel of the expected number of participants when placing the order. The final number of participants must be communicated to the hotel in text form no later than four working days before the date of the event in order to ensure careful preparation. A change in the number of participants by more than 5% requires the consent of the hotel.

2. in the event of an increase in the registered and contractually agreed number of participants, the actual number of persons will be charged for services provided by the hotel based on the number of persons registered (e.g. hotel rooms, food and beverages). In the event of a reduction in the contractually agreed number of participants by more than 5%, the hotel is entitled to charge the contractually agreed number of participants less 5%.

3. if the number of participants is reduced by more than 10%, the hotel is entitled to increase the agreed prices appropriately and to exchange the confirmed rooms, unless this cannot be reasonably expected of the contract partner. The prices may also be changed by the hotel if the contract partner subsequently requests changes to the number of participants, the hotel's services or the duration of the event and the hotel agrees to this. If a definable part of a booked event is not utilised, the hotel may demand reasonable compensation for the part not utilised in accordance with the provisions of Section IV (1) a) to c). 4.

4. the contract partner is free to prove that the hotel has a higher share of saved expenses.

5. if the agreed start or end times of the event are postponed without the hotel's prior consent in text form, the hotel may charge additional costs for the provision of personnel and equipment, unless the hotel is responsible for the postponement.

6. in the case of events that extend beyond 11:00 p.m., the hotel may, unless otherwise agreed, charge the costs for the deployment of staff from this time onwards on the basis of itemised bills. Furthermore, the hotel may charge employees' travelling expenses on the basis of itemised receipts if they have to make their way home after public transport has closed.

VIII. Bringing in food and beverages

1. the contract partner may only bring food and beverages to events by agreement with the hotel, which must be in text form. In such cases, the hotel may charge a service fee to cover overheads.

IX. Handling of the event

1. insofar as the hotel procures technical and other equipment from third parties for the contract partner at the latter's request, it shall act in the name of, on the authorisation of and for the account of the contract partner. The contract partner shall be liable for the careful handling and proper return of the equipment. He shall indemnify the hotel against all third-party claims arising from the provision of such equipment.

2. the use of the customer's or organiser's own electrical equipment and devices using the hotel's electricity network requires the hotel's prior consent in text form. Any malfunctions or damage to the hotel's technical equipment caused by the use of these devices and equipment shall be borne by the contract partner, insofar as the hotel is not responsible for them. The hotel may record and charge a flat rate for the electricity costs arising from the use of such equipment.

3. with the hotel's consent, the contract partner is entitled to use his own telephone, fax and data transmission equipment. The hotel may charge connection and connection fees for this. If corresponding hotel equipment remains unused due to the connection of the contract partner's own equipment, a reasonable cancellation fee may be charged.

4. the hotel shall endeavour to rectify faults in technical or other equipment provided by the hotel immediately upon immediate complaint by the contract partner. Payments may not be withheld or reduced insofar as the hotel is not responsible for these faults.

5. the contractual partner must obtain all official authorisations that may be required for the event at his own expense. He shall be responsible for compliance with these authorisations and all other public law regulations in connection with the event. If the contractual partner entrusts third parties with the provision of services in connection with the event (e.g. set-up work, etc.), the contractual partner shall ensure compliance with all relevant health and safety regulations.

6. the contractual partner shall be responsible for handling the necessary formalities and settlements with the responsible institutions (e.g. GEMA) in the context of self-arranged music performances and sound reinforcement and shall provide proof thereof to the hotel.

7. the contract partner may only use the hotel's name and trademarks to advertise his event after prior consultation with the hotel.

X. Objects brought along

1. exhibition or other items, including personal items, brought into the event rooms or the hotel are at the risk of the contract partner. The hotel accepts no liability for loss, destruction or damage, except in cases of gross negligence or intent on the part of the hotel. This does not apply to damages resulting from injury to life, limb or health. In addition, all cases in which safekeeping is a typical contractual obligation due to the circumstances of the individual case are excluded from this exemption from liability.

2. decoration material brought along must comply with the requirements of the fire police. The hotel is entitled to demand official proof of this. If such proof is not provided, the hotel shall be 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. any exhibits or other items brought in must be removed immediately after the end of the event. The hotel may have items left behind removed and stored at the contracting party's expense. If the removal involves a disproportionately high effort, the hotel may leave the items in the event room and charge the respective room rent for the duration of their retention. The contract partner reserves the right to provide evidence of lower damages, and the hotel reserves the right to provide evidence of higher damages.

4. packaging material (cardboard boxes, crates, plastic, etc.) that arises in connection with the delivery of the event by the contractual partner or third parties must be disposed of by the contractual partner. If the organiser leaves packaging material behind in the hotel, the hotel is entitled to dispose of it at the expense of the contract partner.

XI. Liability of the Contractual Partner

1. the contractual partner shall be liable for all damage to buildings or inventory caused by event participants or event visitors, employees, other third parties from his area or himself or his legal representatives and vicarious agents.

2. the hotel may require the contractual partner to provide appropriate security (e.g. insurance, deposits, guarantees) to cover any claims for damages.

XII. Liability of the hotel, statute of limitations

1. should disruptions or defects in the hotel's services occur, the hotel shall endeavour to remedy such upon immediate complaint by the contractual partner. If the contract partner culpably fails to notify the hotel of a defect, there shall be no entitlement to a reduction in the contractually agreed remuneration.

2. the hotel shall be liable in accordance with the statutory provisions for all damages resulting from injury to life, body and health as well as in the event of the assumption of a guarantee by the hotel and in the event of fraudulently concealed defects.

3. the hotel shall only be liable for all other damages not covered by clause XII para. 2 and caused by slightly negligent behaviour on the part of the hotel, its legal representatives or its vicarious agents if these damages are attributable to the breach of a typical contractual obligation. In such cases, liability shall be limited to the foreseeable damage typical for the contract.

4. the above limitations of liability apply to all claims for damages regardless of their legal basis, including claims in tort. The above limitations and exclusions of liability shall also apply in cases of any claims for damages by a contractual partner against employees or vicarious agents of the hotel.

5. the hotel shall be liable to the contracting party for property brought into the hotel in accordance with the statutory provisions, i.e. up to one hundred times the accommodation price, but not exceeding € 3,500.00. Liability for valuables (cash, jewellery, etc.) shall be limited to € 800.00.

6. if the contracting party is provided with a parking space in the hotel garage or in a hotel car park, even for a fee, this does not constitute a safekeeping agreement. The hotel has no duty of supervision. The hotel shall not be liable for loss of or damage to motor vehicles parked or manoeuvred on the hotel property and their contents, unless the hotel is responsible for intent or gross negligence. This also applies to vicarious agents of the hotel. The damage must be claimed against the hotel at the latest when leaving the hotel property.

7. messages, mail and consignments of goods for the contractual partner and the participants of the event will be handled with care. The hotel shall be responsible for the delivery, storage and - on request - the forwarding of the same for a fee, as well as for lost property on request. Claims for damages, except for gross negligence or intent, are excluded. The hotel is entitled to hand over the aforementioned items to the local lost property office after a storage period of one month at the latest and to charge a reasonable fee.

8. claims for damages by the contractual partner shall become statute-barred at the latest two years after the time at which the contractual partner becomes aware of the damage or, irrespective of this knowledge, at the latest three years after the time of the damaging event. This does not apply to liability for damages resulting from injury to life, limb or health or for other damages resulting from an intentional or grossly negligent breach of duty by the hotel, a legal representative or vicarious agent of the hotel.

XIII Final provisions

1. amendments or additions to the contract, the acceptance of the application or these General Terms and Conditions for Events shall be made in text form. Unilateral amendments or additions by the contractual partner are invalid.

2. place of fulfilment and payment is the registered office of the hotel.

3. place of jurisdiction - if the contractual partner of the hotel is a merchant or a legal entity under public law - is the registered office of the hotel or, at the hotel's discretion, Rostock. If the contractual partner of the hotel does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be Rostock. However, the hotel is entitled to bring actions and other legal proceedings at the general place of jurisdiction of the contractual partner. The hotel is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

4. the law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

5. 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.

Status: January 2023

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Downloads:

• General Terms and Conditions for Events (PDF)
• Sample cancellation form (PDF)

Further general terms and conditions:

• General Terms and Conditions for the Hotel Accommodation Contract
• General terms and conditions for own events
• General terms and conditions for the purchase of vouchers