TERMS & CONDITIONS OF THE HOTEL SCHEMPP

Please note the applicable terms and conditions when using our services

General Terms and Conditions for the Hotel Accommodation Contract from HS Hotel Betriebs GmbH, Augsburg

I. Scope

1. These terms and conditions apply to contracts for the rental provision of hotel rooms for accommodation, as well as all other services and deliveries provided by the hotel for the customer (hereinafter referred to as “hotel”).
2. The subletting or subletting of the rooms provided and their use for purposes other than accommodation require the prior written consent of the hotel, whereby § 540 Paragraph 1 2 BGB is waived.
3. The customer’s terms and conditions only apply if this has been expressly agreed in writing beforehand.
4. Customers within the meaning of these terms and conditions are both consumers and entrepreneurs in accordance with §§ 13, 14 BGB.

II. Conclusion of contract, partner; Limitation

III. Services, prices, payment, offsetting

1. The hotel is obliged to keep the rooms booked by the customer ready and to provide the agreed services.
2. The customer is obliged to pay the hotel’s applicable or agreed prices for the provision of rooms and the other services used. This also applies to services and expenses of the hotel arranged by the customer to third parties.
3. The agreed prices include the respective statutory value added tax.
4. The hotel may also change the prices if the customer subsequently wishes to change the number of rooms booked, the service provided by the hotel or the length of stay of the guests and the hotel consents to this.
5. Hotel invoices without a due date are payable without deduction within 10 calendar days of receipt of the invoice. The hotel is entitled to demand accrued claims at any time and to request immediate payment. In the event of a delay in payment, the hotel is entitled to demand the applicable statutory default interest of currently 8 percentage points or, in the case of legal transactions in which a consumer is involved, of 5 percentage points above the base rate. In addition, the hotel can claim a fee of € 5 per reminder in the event of default. The hotel reserves the right to prove and claim higher damages.
6. The hotel is entitled to request a reasonable advance payment or security deposit upon conclusion of the contract or thereafter taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
7. The customer can only offset or reduce an undisputed or legally binding claim against a claim by the hotel.

IV. Withdrawal by the customer (cancellation, cancellation) / non-use of the hotel services (no show)

1. The hotel grants the customer the right to withdraw at any time. The following provisions apply:

a) If the customer has chosen a booking without a change or cancellation option and has accepted at the moment of the reservation that the full price of the stay will be deducted (from the credit card), this amount is non-refundable.
b) If the customer withdraws from the booking, the hotel is entitled to reasonable compensation.
c) The hotel has the option to claim a cancellation fee from the guest instead of a specifically calculated compensation. The cancellation fee is 90% of the contractually agreed price for overnight stays with or without breakfast, 70% of the contractually agreed price for overnight stays with half board and 60% of the contractually agreed price for overnight stays with full board arrangements. The guest is free to prove that the hotel has not suffered any damage or that the damage suffered by the hotel is lower than the required flat-rate compensation.
d) If the hotel specifically calculates the compensation, the amount of the compensation is max. 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 regulations on compensation apply if the guest does not make use of the booked room or services without notifying them in good time (no show).
3. If the hotel has granted the guest an option in the contract to withdraw from the contract within a certain period without further legal consequences, the hotel is not entitled to compensation. Decisive for the timeliness of the cancellation declaration is its receipt at the hotel. The customer must declare the withdrawal in writing.

V. Cancellation of the hotel

1. If a free right of withdrawal of the customer has been agreed in writing within a certain period, the hotel is also entitled to withdraw from the contract free of charge if there are inquiries from other customers about the contractually booked rooms and the customer is inquiries from the hotel right not to resign.
2. If an agreed or in accordance with III. Paragraph 6. If the required advance payment is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.
3. Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for objectively justifiable reasons, especially if
Force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;

rooms are booked with misleading or incorrect information of essential facts (e.g. in the person of the customer or the purpose);

the hotel has reasonable grounds to believe that the use of the hotel’s services may jeopardize the smooth running of the business, the security or the reputation of the hotel in public, without this being attributable to the domain or organizational area of the hotel;

there is a violation of 1. number 2.

4. If the hotel withdraws justifiably, the customer is not entitled to compensation.

VI. Provision, handover and return of rooms

1. The customer is not entitled to the provision of certain rooms.
2. Booked rooms are available to the customer at the earliest from 3:00 p.m. on the agreed arrival date. Booked country houses / apartments are available to the customer at the earliest from 5:00 p.m. on the agreed arrival date. The customer is not entitled to an earlier provision.
3. Rooms must be vacated and made available to the hotel no later than 12:00 noon on the agreed departure date. The country houses / apartments are to be made available to the hotel no later than 10:00 a.m. on the agreed departure date. Thereafter, the hotel can invoice 50% of the currently valid daily accommodation price in the event of late evacuation of the room / country house or apartment for use beyond the contract, until 6:00 p.m., then from 6:00 p.m. 100%. This does not create contractual claims by the customer. He is free to prove that the hotel has no or significantly lower entitlement to usage fees. In addition, the hotel reserves the right to prove and claim higher damages.

VII. Liability of the hotel

1. The hotel is liable with the care of a prudent businessman for his obligations from the contract. Customer claims for compensation are excluded. This does not include damage resulting from injury to life, limb or health if the hotel is responsible for the breach of duty and other damage based on an intentional or grossly negligent breach of duty by the hotel, as well as damage based on an intentional or negligent Violation of contractual obligations of the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. If faults or defects occur in the hotel’s services, the hotel will endeavor to remedy the situation if the customer becomes aware of it or if the customer gives notice of it immediately. The customer is obliged to make reasonable contributions to remedy the malfunction and to keep possible damage to a minimum, and to inform the hotel immediately of all malfunctions or damages. The customer is also obliged to notify the hotel in good time of the possibility of causing exceptionally high damage.
2. The hotel is liable to the customer for items brought in according to the statutory provisions (§§ 701,702 BGB). Money Securities and valuables can be kept in the hotel or room safe up to a maximum value of € 7,500. The hotel strongly recommends using this option. The liability claims expire if the customer does not notify the hotel immediately after becoming aware of loss, destruction or damage (§ 703 BGB). The above paragraph 1, sentences 2 to 4 apply accordingly to any further liability of the hotel.
3. If the customer is provided with a parking space in the hotel garage or in a hotel car park - also for a fee - this does not result in a custody contract. The hotel is not liable for loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, except in the case of intent or gross negligence attributable to the hotel. This also applies to vicarious agents of the hotel. The preceding section 1. sentences 2 to 4 apply accordingly.
4. Wake-up calls are carried out by the hotel with the greatest care. Messages, mail and consignments for customers are also handled with the greatest care. The hotel takes care of delivery and storage (in each case in the hotel) as well as - if requested - the forwarding of the same for a fee. The preceding section 1. sentences 2 to 5 apply accordingly

VIII. Final provisions

1. Changes or additions to the contract, the acceptance of applications or these terms and conditions for hotel accommodation must be made in writing. Unilateral changes or additions by the customer are invalid.
2. The place of fulfillment and payment is the seat of the respective hotel.
3. The exclusive place of jurisdiction - also for check and exchange disputes - is Cologne’s commercial traffic. If a contractual partner fulfills the requirement of § 38 paragraph 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction is the seat of the hotel.
4. German law applies exclusively.
5. Should individual provisions of these general terms and conditions for hotel accommodation be or become ineffective or void, this does not affect the effectiveness of the remaining provisions. In addition, the statutory provisions apply.

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General terms and conditions for events of HS Hotel Betriebs GmbH, Augsburg

I. Scope

1. These terms and conditions apply to contracts for the rented rental of conference, banquet and event rooms of the hotel for the organization of events such as banquets, seminars and conferences etc. as well as for all other related services and deliveries (hereinafter referred to as “services”) Hotels (hereinafter referred to as “hotel”).
2. The subletting or subletting of the rooms, areas or showcases as well as the invitation to interviews, sales or similar events require the prior written consent of the hotel, whereby § 540 paragraph 1 sentence 2 BGB is waived.
3. The customer’s terms and conditions only apply if this has been expressly agreed in writing beforehand.
4. Customers in the sense of these terms and conditions are both consumers and entrepreneurs in the sense of §§ 13, 14 BGB.

II. Conclusion of contract, partner, liability, statute of limitations

1. The contract is concluded when the hotel accepts the customer’s application. If the hotel makes a binding offer to the customer, the contract is concluded when the customer accepts the hotel offer.
In both cases, the hotel is free to confirm the contractual agreement in writing.
2. The contractual partners are the hotel and the customer. If the customer / orderer is not the organizer himself or if a commercial broker or organizer is engaged by the organizer, the organizer is jointly and severally liable for all obligations arising from the contract with the customer / orderer, provided the hotel or the hotel has made a corresponding declaration by the customer or the organizer is present.
3. The hotel is liable with the care of a prudent businessman for his obligations from the contract. Customer claims for compensation are excluded. This does not include damage resulting from injury to life, limb or health if the hotel is responsible for the breach of duty and other damage based on an intentional or grossly negligent breach of duty by the hotel, as well as damage based on an intentional or negligent Violation of contractual obligations of the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. If faults or defects occur in the hotel’s services, the hotel will endeavor to remedy the situation if the customer becomes aware of it or if the customer gives notice of it immediately. The customer is obliged to make reasonable contributions to remedy the malfunction and to keep possible damage to a minimum, and to inform the hotel immediately of all malfunctions or damages. The customer is also obliged to notify the hotel in good time of the possibility of causing exceptionally high damage.
4. All claims of the customer or the third party against the hotel become statute-barred one year from the start of the knowledge-dependent, regular limitation period within the meaning of Section 199 (1) BGB. Claims for damages against the hotel become statute-barred no later than 5 years, regardless of knowledge. These limitation periods do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel, as well as physical and health damage attributable to the hotel or loss of life attributable to the hotel.

III. Services, prices, payments, offsetting

1. The hotel is obliged to provide the services ordered and promised by the hotel.
2. The customer is obliged to pay the agreed or customary hotel prices for these and other services used. This also applies to the hotel’s services and expenses to third parties, in particular also for claims by copyright collecting societies.
3. The agreed prices include sales tax. If the period between the conclusion of the contract and the event exceeds 4 months and the price generally charged by the hotel for such services increases, the contractually agreed price can be increased appropriately, but at most by 5%.
4. Hotel invoices without a due date are payable without deduction within 10 calendar days of receipt of the invoice. The hotel is entitled to demand accrued claims at any time and to request immediate payment. In the event of a delay in payment, the hotel is entitled to demand the applicable statutory default interest at the current rate of 8 percentage points above the base rate or, in the case of legal transactions in which a consumer is involved, at 5 percentage points above the base rate. In addition, the hotel can claim a fee of € 5 per reminder in the event of default.
The hotel reserves the right to prove and claim higher damages.
5. The hotel is entitled to request a reasonable advance payment at any time. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
6. The customer can only offset or reduce an undisputed or legally binding claim against a claim by the hotel.

IV. Cancellation by the customer (cancellation, cancellation) / failure to use the hotel management (No Show)

1. Cancellation by the customer of the contract concluded with the hotel requires the hotel’s written consent. If this does not take place, the agreed room rental from the contract and services arranged for third parties must also be paid if the customer does not make use of the contractual services and it is no longer possible to rent them out. This does not apply in the event of a delay in performance by the hotel or an impossibility of rendering the service for which the hotel is responsible.
2. If a date for free cancellation of the contract has been agreed between the hotel and the customer, the customer can withdraw from the contract free of charge up to this date without triggering payment or damage claims by the hotel. The customer’s right of withdrawal expires if he does not exercise his right to withdraw from the hotel in writing by the agreed date, unless a case acc. above IV number 1. sentence 3 is present.
3. If the customer only withdraws between the 8th and the 4th week before the event, the hotel is entitled to charge 35% of the lost food sales in addition to the agreed rental price, with each subsequent cancellation 70% of the lost food sales.
4. The food turnover is calculated according to the formula: menu price of the event x number of participants. If no price had been agreed for the menu, the cheapest 3-course menu of the currently valid event offer will be used.
5. If a conference flat rate has been agreed for each participant, the hotel is entitled to charge 60% for a cancellation between the 8th and the 4th week before the event date and 85% of the conference flat rate x the agreed number of participants for a later withdrawal.
6. The deduction of saved expenses is taken into account by the above paragraphs 3 to 5. The customer is free to prove that the above claim has not arisen or has not arisen in the amount claimed.

V. Cancellation of the hotel

1. If a free right of withdrawal of the customer has been agreed in writing within a certain period, the hotel is in turn entitled to withdraw from the contract free of charge if there are requests from other customers for the contractually booked event rooms and the customer is entitled to the hotel’s request not waived to withdraw.
2. If an agreed or in accordance with III. Paragraph 5. If the required advance payment has not been made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.
3. Furthermore, the hotel is entitled to withdraw from the contract for objectively justifiable reasons, especially if

Events are booked with misleading or incorrect information of essential facts (e.g. in the person of the customer or the purpose);
the hotel has reasonable grounds to believe that the event can jeopardize the smooth running of the business, the security or the reputation of the hotel in public, without this being attributable to the sphere of control or organization of the hotel;
there is a violation of I. number 2. or X. number 2.

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

1. A change in the number of participants by more than 5% must be communicated to the hotel at least 5 working days before the start of the event; it requires the written consent of the hotel.
2. A reduction in the number of participants by the customer by a maximum of 5% will be recognized by the hotel in the settlement. If there are any further deviations, the originally agreed number of participants minus 5% will be used. The customer has the right to reduce the agreed price by the expenses that he has to prove in detail due to the lower number of participants.
3. In the event of an upward deviation, the actual number of participants will be calculated.
4. In the event of deviations in the number of participants by more than 10% up or down, the hotel is unilaterally entitled to re-set the agreed prices and to exchange the confirmed rooms, unless this is unreasonable for the customer in individual cases.
5. If the agreed start or end times of the event change and the hotel agrees to these deviations, the hotel can appropriately invoice its additional willingness to perform, unless the hotel is at fault in this respect.

VII. Bring food and drinks

1. The customer is generally not allowed to bring food and drinks to events. Exceptions require a prior written agreement with the hotel. In these cases, an appropriate contribution to cover the overhead costs is then calculated.

VIII. Technical facilities and connections

1. Insofar as the hotel procures technical and other facilities / equipment from third parties for the customer, it acts in the name of, on behalf of and on behalf of the customer. The customer is liable for the careful treatment and the proper return. He releases the hotel from all third-party claims arising from the provision of these facilities.
2. The use of the customer’s own electrical systems using the hotel’s electricity network requires the customer’s prior written consent. Any malfunctions or damage to the hotel’s technical equipment caused by the use of these devices shall be borne by the customer insofar as the hotel is not responsible for them. The hotel may record and calculate the electricity costs arising from the use.
3. With the prior written consent of the hotel, the customer is entitled to use his own telephone, fax and data transmission facilities. The hotel can charge a reasonable connection fee for this.
4. If suitable facilities / equipment of the hotel remain unused due to the connection of the customer’s own systems, an appropriate loss compensation can be calculated.
5. Faults in technical or other facilities provided by the hotel will be remedied immediately if possible. Payments cannot be withheld or reduced unless the hotel is responsible for these disruptions.

IX. Loss or damage of things brought along

1. Carried exhibition or other (also personal) objects are at the risk of the customer in the event rooms or in the hotel. The hotel assumes no liability for loss, destruction or damage - except in the event of gross negligence or intent on the part of the hotel. Bringed decoration material must fully meet the fire protection requirements. The hotel is entitled to request official proof of this in advance. If such proof is not provided in time, the hotel is entitled to remove material already brought in at the customer’s expense. Due to possible damage, the arrangement and attachment of objects must be agreed in advance with the hotel.
2. Any exhibits or other items brought along must be removed immediately after the end of the event. If the customer fails to do this, the hotel can remove and store the customer. If the objects remain in the event room in a manner contrary to the contract, the hotel can charge a reasonable usage fee for the duration of the stay. The customer is free to prove that the above claim has not arisen or has arisen in the amount claimed. In addition, the hotel reserves the right to prove and claim higher damages.

X. Customer liability for damage

1. The customer is liable for all damage to the hotel building or the hotel caused by event participants or visitors, employees, other third parties from his area or himself. Insofar as the customer is an entrepreneur, he is liable regardless of a proof of fault by the hotel; a consumer is only liable in the event of fault.
2. The hotel can demand appropriate security (e.g. insurance, deposits, guarantees, etc.) from the customer at any time.

XI. Final provisions

1. Changes and additions to the contract, the acceptance of applications or these terms and conditions for events must be made in writing. Unilateral changes or additions by the customer are invalid.
2. The place of fulfillment and payment is the seat of the hotel.
3. The exclusive place of jurisdiction - also for check and exchange disputes - is Cologne for commercial transactions. If a contractual partner fulfills the requirement of § 38 paragraph 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction is the seat of the hotel.
4. German law applies exclusively.
5. Should individual provisions of these general terms and conditions for events be ineffective or void, this does not affect the effectiveness of the remaining provisions. In addition, the statutory provisions apply.