GENERAL TERMS AND CONDITIONS 3***HOTEL ULMER STUBEN (“OWNER”) FOR EVENTS
§ 1 Scope of application of the General Terms and Conditions
These general terms and conditions apply to contracts between the lessor and the customer for the rental of premises for customer events and all other services provided by the lessor for the customer in this context.
Conflicting or deviating conditions of the customer are not recognized by the landlord unless he has expressly agreed to their validity.
§ 2 Conclusion of contract
1. The contract is concluded when the lessor accepts the customer’s offer to conclude a contract.
2. In the case of offers made by the customer online, in particular by e-mail, the landlord will confirm acceptance of the customer’s offer by e-mail.
§ 3 Services of the contracting parties, place of performance
1. The customer is obliged to inform the lessor at the latest when the contract is concluded if and to the extent that the event planned by him in the rented premises could pose risks that are likely to affect security, smooth business operations and the reputation of the lessor.
2. The customer is obliged to pay the landlord’s agreed or applicable prices for making the premises available and for other contractually agreed services of the landlord. The prices include the applicable sales tax.
3. The landlord can demand a reasonable advance payment or security (e.g. a credit card guarantee) from the customer upon conclusion of the contract.
4. The landlord is obliged to leave the rented premises to the customer at the contractually agreed time in the contractually agreed condition and to provide the other contractually agreed services in accordance with the contract.
5. The place of performance for the customer’s contractual obligations and for the lessor’s contractual obligations is the place where the event takes place.
§ 4 Ban on subletting and subletting
The customer may not sublet or sublet the rented premises to third parties without the express consent of the landlord. If the customer is an entrepreneur within the meaning of § 14 BGB, the special right of termination of § 540 para. 1 p. 2 BGB excluded.
§ 5 Withdrawal by the customer (cancellation)
If the customer has not exercised his right of withdrawal in due form or time, the customer shall be obliged to pay the contractually agreed or applicable prices even if the lessor does not use the rented premises. The amount to be paid by the customer depends on the time of receipt of the declaration of withdrawal:
Receipt of the declaration of withdrawal from the landlord by no later than
– 4 weeks before the date of the event 50% of the agreed or applicable price
– 2 weeks before the event date 80 % of the agreed or applicable price
– 1 day before the date of the event 100% of the agreed or applicable price
§ 6 Withdrawal by the Landlord
1. The landlord can withdraw from the contract for an objectively justifiable reason. An objectively justifiable reason exists in particular if
• it is not only temporarily impossible for the lessor to fulfill the contractual obligations due to force majeure, labor disputes or other circumstances for which the lessor is not responsible;
• the contract comes about as a result of incorrect contractual information on the part of the customer (e.g. about the customer, for the purpose of the rental);
• the customer does not make the agreed advance payment / security deposit (cf. § 3.3) within a reasonable period of grace set by the landlord;
• There are facts that give rise to fears that the execution of the contract endangers the security of the Lessor or the event location or damages the Lessor’s public image;
• the purpose of the event violates applicable law.
2. If the landlord withdraws for an objective reason, the customer is not entitled to any claims for damages or reimbursement of expenses.
§ 7 house rules
1. The details of the use of the rented premises, eg permissibility of decoration, permissibility of smoking, etc., are regulated by the house rules of the landlord, which are part of the contract and are handed over to the customer together with these GTC. The customer is obliged to comply with the dos and don’ts of the house rules, as well as his family members, his employees, his guests, his event participants and visitors as well as other persons who are on his instigation on the landlord’s premises to comply to abide by the house rules.
§ 8 Bringing food and drinks
Unless otherwise agreed between the parties, the customer may not bring his own food and drinks or obtain them from a third party.
§ 9 Official Permissions
1. The customer is responsible for finding out whether he needs official approvals or third-party licenses (e.g. GEMA) to carry out the event he is planning. He must obtain these permits in good time before the start of the event at his own expense.
2. The customer is responsible for complying with all public requirements and legal regulations for the event he is organizing.
§ 10 Liability of the Lessor
For damages resulting from injury to life, limb or health, for damages resulting from the breach of obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (essential contractual obligations) as well as for other damages which based on an intentional or grossly negligent breach of duty by the lessor or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the lessor, as well as for claims for damages under the Product Liability Act, the lessor is liable in accordance with the statutory provisions. In the event of a negligent breach of essential contractual obligations, the lessor’s liability is limited to the damage that was typically foreseeable at the time the contract was concluded. Otherwise, the lessor’s liability is excluded.
§ 11 Customer Liability, Collateral
1. The customer is liable to the lessor for damages if the rented building, the rented premises or the rented inventory are used by the customer, his family members, his employees, his guests, his event participants and visitors as well as other persons who, at the instigation of the customer stay in the rented premises, are culpably damaged or destroyed.
§ 12 Final Provisions
1. If the customer is a merchant, does not have a general place of jurisdiction in Germany or relocates his place of residence or place of business abroad after the conclusion of the contract, the place of jurisdiction is the place of business of the lessor. The landlord is also entitled to sue the customer in the court of his place of residence/business.
2. Should one of the provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the others.