GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT OF LOUIS HOTEL AND FOR EVENTS
I. SCOPE OF APPLICATION
1. These Terms and Conditions shall apply to the rental of hotel rooms for lodging purposes and to the provision of further services and supplies connected therewith for the customer as well as to the temporary provision of meeting, conference, banquet and (other) event areas (event contract) of LOUIS Hotel for the holding of events of any kind, such as meetings, conferences, seminars, family and other celebrations and other events, all further supplies and services connected therewith provided for the customer, in particular the catering by LOUIS Hotel.
2. Divergent terms and conditions, and especially the customer’s general terms of business, shall not apply unless the respective LOUIS Hotel expressly recognizes them in writing.
II. CLOSING OF CONTRACT
1. The Hotel Accommodation Contract and the Organized Event Contract shall respectively come about upon written confirmation by the LOUIS Hotel following a reservation enquiry made by the customer. The Hotel Accommodation Contract shall also come about via verbal confirmation if the reservation enquiry is made for the same day. The purpose and reason for the event are to be stated together with the reservation enquiry.
2. The respective LOUIS Hotel and the customer constitute the contracting parties. If a third party has made a reservation for the customer, then any such third party shall bear joint and several liability together with the customer vis-à-vis the LOUIS Hotel for all obligations arising under contract, provided that the LOUIS Hotel has a corresponding statement from such third party available to it. Each ordering party is nevertheless required to convey to the customer all relevant information related to reservations, including these same General Terms and Conditions.
3. The LOUIS Hotel may require the customer and/or third parties acting on his behalf to make an appropriate advance payment and/or provide security (e.g. insurance, deposits, guarantees, credit card guarantees) upon conclusion of the contract, also as security against possible damages. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected
4. In justified cases, e.g. in the event of payment arrears or expansion of the scope of the contract, the Louis Hotel shall be entitled, even after conclusion of the contract and up to the beginning of the stay, to demand an advance payment or security deposit as defined in clause II, 2. or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
5. Subletting and subletting of the rooms, areas and other rooms provided and/or their use for purposes other than those stated in the order confirmation require the prior written consent of LOUIS Hotel, whereby Section 540, Paragraph 1 of the German Civil Code is waived insofar as the customer is not a consumer within the meaning of Section 13 of the German Civil Code.
III. SERVICES, PRICING, PAYMENT
1. The LOUIS Hotel is required to have ready and provide the services assured to, and ordered by, the customer in accordance with the provisions of these same General Terms and Conditions.
2. The customer is required to pay the applicable or respective agreed prices of the LOUIS Hotel for the services assured to or provided to him. The same shall apply for services and advance expenses of the LOUIS Hotel vis-à-vis third parties as caused by the customer or the party that orders them. The customer or the ordering party shall moreover bear liability for payment of all services ordered by event participants and especially for food and beverages and other expenses caused by event participants.
3. The agreed prices include the respective statutory value added tax. Not included are local taxes, which are owed by the guest according to the respective local law, such as visitor's tax. If the period between conclusion and fulfillment of the contract exceeds six months and if the price generally charged by LOUIS Hotel for such services increases, LOUIS Hotel may increase the contractually agreed price appropriately, but by a maximum of 5%.
4. The LOUIS Hotel may also increase prices:
a) in the event of a Hotel Accommodation Contract, if the customer subsequently desires changes in the number of reserved hotel rooms, the service rendered by the LOUIS Hotel or in the duration of the customer’s stay, and the hotel agrees to the same;
b) in the event of an Organized Event Contract, if the customer subsequently desires change of the size and/or number of reserved spaces and rooms, the number of event participants, the service provided by the LOUIS Hotel and/or in the duration of the event, and the LOUIS Hotel agrees to the same. The LOUIS Hotel may charge additional expenses, especially for personnel, if no agreement is made concerning the duration of an event, and the event extends beyond 11 pm.
5. Invoices of LOUIS Hotel are payable immediately upon receipt without deduction. In case of late payment, LOUIS Hotel is entitled to charge interest on arrears to consumers at a rate of 5% above the base interest rate. In business transactions, the default interest rate is 8% above the base interest rate. LOUIS Hotel reserves the right to claim higher damages. For each reminder after default, LOUIS Hotel may charge a reminder fee of € 5,-.
6. The LOUIS Hotel is entitled to issue an intermediate invoice, due for payment at any time, for debts that accrue during the customer’s event and to request immediate payment.
7. The customer may only set off or reduce a debt against a debt of the LOUIS Hotel if any such debt of the customer is undisputed or established under a final judgement.
IV. CANCELLATION BY THE CUSTOMER / NON-UTILISATION OF THE SERVICES OF THE LOUIS HOTEL
1. The customer's withdrawal from the contract concluded with LOUIS Hotel is only possible if a right of withdrawal has been expressly agreed in the contract, if a statutory right of withdrawal exists or if LOUIS Hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as the possible consent to a cancellation of the contract shall be made in text form in each case.
2. If and when a deadline for the exercise of the cancellation right free of charge has been agreed, the customer may cancel the contract at any time prior to said deadline without becoming liable for payment or damage compensation claims to the LOUIS Hotel. The customer’s cancellation right expires if it has not been exercised by submission of a message in writing to the LOUIS Hotel on or before the agreed deadline.
3. If and when a cancellation right has not been agreed or has expired, there is no statutory cancellation right and the LOUIS Hotel does not agree to the cancellation of the contract, the LOUIS Hotel retains its claim to the agreed compensation despite the non-utilization of the services. The LOUIS Hotel shall offset any revenue from any other utilization of the rooms as well as any savings in expenditures against the claim. If and when the rooms cannot otherwise be utilized, the LOUIS Hotel is entitled to request payment of the contractually agreed compensation and to offset a lump sum for savings in expenditures. In this case, the customer is obligated to pay a minimum of 90% of the contract price for overnight accommodation (with or without breakfast) and for lump sum arrangements including third-party services; 70% of the price for half-board arrangements; and 60% of the price for full-board arrangements. The customer is entitled to provide proof that the aforementioned claim did not arise or did not arise in the requested amount.
The following provisions apply additionally to event contracts:
1. If and when the right to cancellation free of charge has not been agreed or has expired, the customer will not be entitled to any statutory rights to cancellation free of charge, and if and when the LOUIS Hotel does not agree to cancellation of the contract free of charge, the charges expressly agreed in the contract for spaces and rooms as well as any third-party services which have been engaged shall be paid even if and when the contractual services are not utilized. If and when the charges for spaces and rooms are not expressly itemized in the contract, but are instead included proportionately in the lump sum charge for conferences, the LOUIS Hotel may, in the event of cancellation of the contract, issue a bill for the amount attributable to the charges for spaces/rooms times the agreed number of participants. The LOUIS Hotel shall offset any revenues from any other use of the spaces/rooms.
2. If and when the customer cancels the contract in the period between 12 and 8 weeks in advance of the event, the LOUIS Hotel is entitled to charge in addition 25% of the lost revenue from the sale of food and drink. This charge increases to 50% for cancellations between 8 and 4 weeks in advance of the event and to 75% for cancellations at any later date.
3. The revenue from the sale of food and drink is calculated according to the formula: set price of meals at the event plus beverages times the number of participants. If no price was agreed for food and drink, the price for the least expensive three-course meal from the range of offered event services will be taken as a basis. Beverages will be calculated as one-third of the price for the set meal.
4. If and when a daily lump sum per participant has been agreed, the LOUIS Hotel is entitled to charge 25% of the daily lump sum times the agreed number of participants in the event of cancellations between 12 and 8 weeks in advance of the event. This charge increases to 50% for cancellations between 8 and 4 weeks in advance of the event, to 75% for cancellations between 4 weeks and 4 days in advance of the event and to 100% for any later cancellations.
5. The deduction of expenditures which are not incurred has been taken into account in Clauses 2 to 4. The customer is entitled to provide proof that the aforementioned claim did not arise or did not arise in the requested amount. The LOUIS Hotel is entitled to provide proof that the loss was greater.
V. CANCELLATION OF THE LOUIS HOTEL
1. The LOUIS Hotel is likewise entitled, insofar the customer was granted a no-cost right of cancellation pursuant to Clause IV, Subclause 3, to withdraw from contract within the stipulated time period, provided that enquires for the reserved hotel rooms, spaces/rooms are present from other customers and if the customer fails to finally confirm his reservation within a reasonable time period upon further enquiry by the LOUIS Hotel.
2. The LOUIS Hotel is likewise entitled to withdraw from contract if the advance payment or security deposit, as agreed under Clause II, Subclause 3, is not performed within a reasonable time period specified for the same.
3. The LOUIS Hotel is furthermore entitled to withdraw from contract for good cause, and especially:
- if force majeure or other circumstances for which the LOUIS Hotel is not responsible, render performance of contract impossible;
- if rooms, areas / rooms are booked under misleading or false statement of material facts, e.g. concerning the person of the customer, the inability to pay or the purpose of the booking;
- if the LOUIS Hotel has justified reason to believe that use of the hotel service may jeopardize trouble-free business operations, the safety or the public reputation of the LOUIS Hotel , without any such reason attributable to the domain or organizational scope of the LOUIS Hotel ;
- if an instance of unauthorized sub-letting or re-letting is given pursuant to Clause II, Subclause 4;
- if an instance is given pursuant to Clause VI, Subclause 3;
- if obligations pursuant to Clause VII, Subclause 3 are not fulfilled or not fulfilled properly or if fulfilment thereof was not evidenced or not evidenced properly to the LOUIS Hotel;
- if the LOUIS Hotel gains knowledge of circumstances that the customer’s financial conditions have essentially deteriorated, and especially if the customer fails to pay debts due to the LOUIS Hotel or fails to furnish adequate collateral security for them, thereby making payment of the claims of the LOUIS Hotel appear in jeopardy;
- if a petition is filed against the customer’s assets for opening insolvency proceedings, if a statutory declaration in lieu of oath is made in accordance with § 807, Rules of Civil Procedure, if an out-of-court proceeding is instituted for regulating the customer’s debts or if the customer has ceased making payments;
- if an insolvency proceeding is opened against the customer’s assets or if opening of the same is denied due to lack of assets or on other grounds.
4. The LOUIS Hotel is required to notify the customer immediately in writing prior to exercising its right of cancellation.
5. No claims to damages shall arise for the customer in the aforementioned instances of cancellation from contract.
VI. ARRIVAL AND DEPARTURE
1. The customer shall not acquire any right to provision of specific hotel rooms, spaces/rooms, unless the LOUIS Hotel has confirmed provision of specific hotel rooms, spaces/rooms in writing.
2. Reserved hotel rooms shall be available to the customer as of 3 p.m. on the agreed arrival date. The customer shall have no right to provision at an earlier time.
3. The customer is required to utilize reserved hotel rooms by 6 p.m., at the latest, on the agreed arrival date. If a later time of arrival is not agreed, then the LOUIS Hotel shall have the right to otherwise assign hotel rooms after 6 p.m. without the customer being able to derive any claims to damages from the same. The LOUIS Hotel shall insofar be entitled to a right of cancellation.
4. Hotel rooms shall be vacated and returned to the LOUIS Hotel by 12 a.m., at the latest, on the agreed departure date. The LOUIS Hotel may thereafter charge the day room rate for the hotel room up to 6 p.m., over and above any damages it incurs for additional use of the hotel room, and it may charge 100% of the valid, full accommodation price effective as of 6 p.m. The customer is free to furnish evidence that the LOUIS Hotel incurred no damages or essentially lower damages.
VII. OBLIGATIONS / LIABILITY OG THE CUSTOMER
1. Exhibition or other items, including personal items, shall be located in event rooms and areas or in the LOUIS Hotel at the own risk of the contracting partner. The LOUIS Hotel assumes no liability for loss, perishing or damage, except in instances of gross negligence or intent of the LOUIS Hotel . Statutory liability pursuant to §§ 701, et seq., German Civil Code, shall remain unaffected. The LOUIS Hotel recommends that the customer use the hotel or room safe. If the customer wishes to bring in money, securities and valuables with a value of more than EUR 800.00 or other items with a value of more than EUR 3,500.00, this requires a separate storage agreement with LOUIS Hotel.
2. Affixing decoration materials or the likes thereof and use of areas in the hotel that are outside of rented hotel rooms, areas/rooms, e.g., for exhibition purposes, shall require prior, written approval of the LOUIS Hotel and may be made contingent upon payment of additional remuneration. Any such items and other items that the customer brings with him must comply with local fire department and police regulations. Items that are not removed immediately or picked up 12 hours, at the latest, after termination of the event shall be stored in the hotel, and the customer shall subsequently owe the hotel reasonable remuneration for storing said items or at least the sum of costs for utilized storage space. The LOUIS Hotel may dispose of rubbish that the customer leaves behind at the customer’s own expense.
3. The customer is required to obtain in due time all official permits as required for the event at his own expense. It is the customer’s incumbent obligation to comply with all requirements under public law and other regulations. The customer is required to immediately pay fees and charges due to third parties for the event, especially GEMA (Performing Rights Society) fees, entertainment tax, etc.
4. The customer is principally not permitted to bring food and beverages to the event. A written agreement may be made in special instances (e.g., national specialities); however, a service fee or respective cork fee shall be charged at minimum.
5. The customer shall undertake to clarify with the hotel immediately and unsolicited; however, by closing of contract at the latest, if provision of service and/or the event, would be appropriate, regardless of the political, religious or other nature thereof, for causing public interest in prosecution or for infringing on the hotel’s interests. The hotel’s prior written consent is principally required for newspaper advertisements, other advertising measures and publications that contain a reference to the hotel and/or, for example, contain invitations to job interviews or sales events. The hotel shall have the right to cancel the event if the customer breaches his clarification obligation or if any such publication appears without the hotel’s approval. In any such instance, the provisions set out under Clause IV of the General Terms and Conditions (Cancellation by the Customer) shall apply accordingly.
6. The customer and the ordering party shall bear liability for all damages to the building or its inventory of contents caused by event participants, event visitors, employees or other third parties from his group or caused by the customer himself or his statutory representatives.
VIII. LIABILITY OF THE LOUIS HOTEL, STATUE OF LIMITATIONS
1. If malfunctions or defects occur in the services of the LOUIS Hotel, then the LOUIS Hotel shall put forth every effort, upon immediate complaint made by the customer, to provide remedy. Any claim to reduction of the contractually agreed remuneration shall not take effect if the customer culpably neglects to report a defect to the LOUIS Hotel.
2. The LOUIS Hotel shall bear liability as provided for under law for all damages caused by injury to life, limb or health.
3. In addition to the foregoing section VIII paragraph 2, LOUIS Hotel shall only be liable for other damages caused by slight negligence if these are due to the violation of an essential contractual obligation or a cardinal obligation in a manner that endangers the purpose of the contract. In these cases, liability is limited to the foreseeable damage typical for the contract.
4. In the case of other damages, for which the provisions of VIII paragraph 2 and paragraph 3 do not already apply, the liability of LOUIS Hotel for each individual case of damage and all cases of damage arising from and in connection with the contractual services shall be limited to a maximum amount of € 5,000,000.00 for property damage and to a maximum of € 100,000.00 for financial loss. The limitation and exclusion of liability shall not apply if the other damages are based on an intentional or grossly negligent breach of duty by LOUIS Hotel, its legal representatives or executives.
5. The forgoing liability restrictions apply for all damage claims regardless of the legal grounds for them, including claims based on tortuous acts. The forgoing liability restrictions also apply in instances of any and all damage claims of the customer against employees or vicarious agents of the LOUIS Hotel. However, they do not apply in instances of liability for a defect after acceptance of warranty for the quality of an item or of a performed task or for fraudulent concealment of defects or in the event of personal injury.
6. The LOUIS Hotel shall bear liability for items that the customer brings with him in accordance with statutes under law, i.e., up to one hundred times the price of accommodation; however, up to a maximum sum of € 3,500.-. Liability for valuable items (cash, jewellery, etc.) is limited to € 800.-. Cash and valuable items that are stored in the hotel safe are insured up to a maximum sum of € 10,000.-. The LOUIS Hotel recommends that said storage option be used. Liability claims shall lapse if the customer fails to notify the LOUIS Hotel of loss, destruction or damage immediately after becoming aware of it.
7. When a parking space is made available to the customer in the hotel garage or in a hotel parking lot or other public parking (e.g. parking garage), even for a fee, this does not constitute a custody agreement. The LOUIS Hotel is under no obligation to maintain surveillance. The LOUIS Hotel shall bear no liability in the event of loss or damage of motor vehicles and their contents that are parked or manoeuvred on hotel property, provided that the LOUIS Hotel, its statutory representatives or vicarious agents are not required to bear liability for intent or gross negligence. In any such instance, damages must be asserted against the LOUIS Hotel by the time, at the latest, that the customer leaves the hotel property.
8. The LOUIS Hotel shall execute wake-up requests with major care. However, claims to damages are excluded, except for gross negligence or intent.
9. Messages, mail and deliveries of goods for the customer and/or event participants shall be handled with care. The LOUIS Hotel shall take over delivery and storage and – upon request – forwarding of the same against remuneration. Claims to damages are excluded, except for gross negligence or intent.
10. Items that the customer leaves behind shall be forwarded at the customer’s request, risk and expense. The LOUIS Hotel is entitled to surrender the afore mentioned kinds of items to the local lost-and found department upon expiry of a maximum three-month period of custody and against charge of a reasonable fee.
11. All claims against the hotel are generally subject to a limitation period of one year from the start of the statutory limitation period. This does not apply to claims for damages and other claims, provided that the latter are based on an intentional or grossly negligent breach of duty by the hotel.
IX. CLOSING PROVISIONS
1. Amendments or supplements to this Contract, to the order acceptance or to these same Terms and Conditions for Hotel Accommodation shall be made in writing. Unilateral amendments or supplements by the customer are invalid.
2. The registered domicile of the respective LOUIS Hotel is deemed place of performance and place of payment.
3. The exclusive place of jurisdiction - also for disputes regarding checks and bills of exchange in commercial transactions - is the registered office of LOUIS Hotel. If the customer fulfills the requirements of Section 38 (2) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of LOUIS Hotel. However, LOUIS Hotel is entitled to bring actions and other legal proceedings also at the general place of jurisdiction of the customer.
4. The law of the Federal Republic of Germany shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
5. Should individual provisions of these general terms and conditions for hotel accommodation and/or the event contract be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.
6. In accordance with legal obligations, the LOUIS Hotel points out that the European Union has established an online platform for the out-of-court settlement of consumer disputes (-OS platform): http://ec-europa.eu/consumers/odr/ . However, LOUIS Hotel does not participate in dispute resolution procedures before consumer arbitration bodies.