General terms and conditions for hotel accommodation contracts and for events in the European Academy Berlin e.V. – referred to in the text below as EAB.
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- These terms and conditions apply to contracts for hiring use of meeting rooms as well as rooms for hotel accommodation and as well as to organising events such as banquets, seminars, conferences, exhibitions, presentations, celebrations etc. for private purposes and to all further services and provision performed by EAB.
- Sub-letting or re-letting of hired rooms, areas, etc., as well as invitation to sales or similar events require prior written consent by EAB, whereby § 540, para 1, sentence 2 and paragraph 2 BGB will be waived if the customer is not a consumer.
- The customer’s terms and conditions shall apply only if this has been agreed in writing.
II. Conclusion of contract, contracting parties, contractual liability, statute of limitations
- The customer may submit a booking request verbally, in writing, by fax, email or internet to EAB. This booking request is still not binding for the guest and is not a binding contract offer to the customer. According to the customer’s booking request, EAB will submit a concrete offer with services, prices and dates, in writing, by fax or email. The contract is concluded upon receipt at EAB in writing – by post, fax or email – of a declaration of acceptance by the guest.
- If the declaration of acceptance from the customer deviates from the EAB booking offer, a legally binding contract has not been concluded. There is a new offer from the customer. The contract is concluded only on the basis of this new offer, if the EAB in writing or in text form accepts this modified offer up to 5 working days by a booking confirmation expressly confirming the changes. If the deviating declaration of acceptance from the customer arrives at EAB less than 7 days prior to arrival, EAB booking confirmation will be rendered immediately.
- The contract is concluded by the customer’s acceptance of the offer being confirmed by EAB; these now constitute the contracting parties.
- If the customer/ordering party is not the event organiser itself, or if a commercial agent or organiser is being used by the latter, then the organiser is together with the customer jointly and severally liable for all obligations arising from the contract, provided that the EAB has received a statement to this effect from the event organiser.
- EAB is liable to discharge its obligations under the contract with the diligence of a prudent businessman. Customers’ claims for damages are excluded. Damages resulting in injury to life, body or health are excluded from this, if EAB is responsible for the breach of duty, or other damages, arising from intentional or grossly negligent breach of duty by EAB, and damages arising from intentional or negligent breach of EAB contractually typical responsibilities. A breach of EAB duty is equivalent to that of a legal representative or of vicarious agents. If errors or defects in EAB services should arise, EAB, when this is known or following immediate complaint by the customer, will endeavour to remedy this. The customer is obliged to do whatever he may reasonable do to contribute in order to resolve the disruption and to keep any possible damage to the minimum possible. Furthermore, the customer is obliged to notify EAB in good time of the possibility of emergence of exceptionally high damage claims.
- Booked event rooms are available for at least 30 minutes before the time booked to start and for approx. 30 minutes after the booked time to finish.
- All claims against EAB generally expire one year from the beginning of the statutory period of limitation. Claims for damages are limited to five years, regardless of knowledge.
III. Services, prices, payment, off-setting
- EAB is obliged to provide the services ordered the customer and promised by EAB. The customer has acquired no claim to have (a) specific room(s) provided, unless this has been promised in writing.
- The customer is obliged to pay for rooms and for other services provided for him at current or agreed prices. This also applies to customer-ordered services and expenses incurred by EAB due to third parties related to the event (e.g. reserved tickets, etc.), in particular also for claims due to copyright collecting societies. Refund of goods / services expended but not used is not possible.
- If the period between conclusion of the contract and its performance is in excess of 4 months, and if the price calculated by EAB generally for such services has increased, then the contractually agreed price may be increased appropriately, but by no more than 10%.
- Invoices issued by EAB without a due date are payable without deduction within 10 days from receipt of the invoice, unless other payment terms have been agreed. From the payment deadline onwards, EAB is entitled to calculate default interest in the amount of 5% above the basic interest rate as specified in § 247 para.1 BGB. EAB reserves the right to provide proof of greater damage incurred.
- EAB is entitled to require a reasonable advance payment upon conclusion of contract, taking into account the legal provisions for hotel quota agreements. The amount of the advance payment and payment dates may be agreed in writing.
- The customer may only set off or reduce any claim by EAB only on the basis of undisputed or res judicata claim(s).
IV. Customer repudiation (order cancellation, booking cancellation, non-use of EAB services)
- Withdrawal of the customer from the contract concluded with EAB without charge requires the written consent of EAB. If this is not so, then in any case the agreed room rent as in the contract, as well as any services obtained from third parties, are also required to be paid, if the customer does not make use of the contractual services and it is no longer possible to re-let the room(s). This does not apply if EAB is in breach of its obligation to respect rights, legal interests and interests of the customer, if for these reasons it can no longer expected of the customer to abide by the contract or some other statutory or contractual cancellation right exists.
- If the EAB and the customer have agreed in writing upon a date for cancellation of the contract without charge, the customer may until this date withdraw from the contract without incurring payment or damage compensation claims by EAB. The customer’s right of withdrawal expires, if he has not in writing to EAB exercised his right to withdraw by the agreed date, unless a situation as referred to above in no. 1 sentence 3 shall obtain.
- If the customer cancels no sooner than between 8 and 4 weeks prior to the event date, EAB is entitled to invoice for 35 per cent of lost food sales, in addition to the agreed room rent; for any later cancellation the amount will be 70% of food sales.
- Food sales are calculated according to the formula: menu price – event x number of participants. If no price had been agreed for the menu, the least expensive 3-course menu in the relevant list of products for events will be used as calculation basis.
- If a conference all-in arrangement per head had been agreed, for a cancellation between the 8th and 4th week prior to the event date, EAB is entitled to invoice for 60%, for a later cancellation 85% of the meeting all-in arrangement charge x agreed number of participants.
- Deduction(s) for saved expenses is/are taken into account in nos. 3 to 5 above. The customer is free to provide proof that the above claim is justified or not, or not to the amount demanded. In the case of rooms not used by the customer, EAB is required to set-off income derived from renting the rooms to other parties as well as the saved expenses. The EAB is free to demand the contractually agreed charges and to operate a flat-rate calculation for saved expenses. The customer is obliged in this case to pay at least 80% of the contractually agreed rate for lodging, with or without breakfast, 70% for half-board and 60% for full-board arrangements. (§ 537 Abs.1 S.2 BGB).
V. Repudiation by EAB
- If the customer’s right to withdraw from the contract within a certain period of time without incurring costs was agreed in writing, EAB is in turn entitled to rescind the contract if inquiries from other customers are received for the contractually booked rooms, and, upon EAB enquiry, the customer does not waive his right to withdraw from the contract.
- If an advance payment as agreed upon or required in accordance with contract clause III no. 5 has not been made even after a reasonable grace period set by EAB, EAB is likewise entitled to rescind the contract. In addition, EAB is entitled to withdraw from the contract for objectively justified reason(s), for example, if
- force majeure (fire, etc.) or other circumstances for which EAB cannot be held responsible make performance of the contract impossible;
- events (seminar/conference) have been booked based on misleading or false information in respect of material facts, such as with regard to the person who is organiser or to the purpose of the event;
- EAB has reasonable cause to believe that the event might jeopardise EAB smooth operation, safety or reputation in the public sphere, without being attributable to EAB management / directorate or organisational sphere ;
- violation of contract clause I no. 2 is present.
- EAB must immediately inform the customer that it is exercising the right of withdrawal; no claim by the customer for damages will arise if EAB legitimately withdraws from the contract.
VI. Room availability, delivery and vacating
- The customer acquires no claim to specific rooms being provided, unless this has been agreed to in writing.
- Booked hotel rooms are available to the customer from 15.00 hrs. on the agreed day of arrival. The customer has no claim to earlier provision. Unless otherwise expressly agreed, the EAB reserves the right, after 18:00 hrs. to offer a booked room for rent to other customers.
- On the agreed day of departure, hotel rooms are to be cleared and vacated for EAB use no later than 12:00 hrs. After this time, EAB may up to 18.00 hrs. charge 50% of the full accommodation rate as a result of contract-exceeding use in delayed vacating of the room; from 18.00 hrs., this is 100%. Contractual claims by the customer may not hereby be substantiated.
VII. Change(s) in number(s) of participants and time of event/arrival
- A change to the number of participants by more than 5% must be notified to EAB no later than 5 working days prior to the start of the event; it requires written consent from EAB.
- Reduction by the customer in the number of participants by up to a maximum of 5% will be acknowledged by EAB in presenting the invoice. If numbers deviate by more than the a.m. figure, the originally agreed number of participants, minus 5%, will apply in compiling the invoice. The customer has the right to reduce the previously agreed price, by an amount which he can identify, due to saved expenses as a result of the lower number of participants.
- In the event of a change to greater numbers, the actual number of participants will be calculated.
- In the event of change(s) in number of participants by more than 10%, EAB reserves the right to re-calculate agreed prices and to alter any confirmed room(s) for another.
- If the agreed event start or end times change and EAB agrees to such alteration(s), then the hotel may within reason charge for added costs of stand-by times, unless EAB is at fault.
- Since EAB cannot otherwise assume any guarantee for proper functioning, seminar, conference and tour operators are asked to provide lists of participants no later than 5 days before arrival. This also applies in the event that there are more than the agreed number of participants.
VIII. Bringing in food and beverages
- The customer may as a basic principle not bring in food and drinks for events. Exceptions to this require written agreement with EAB. In such cases, a fee amount to cover overhead costs will be charged.
IX. Technical facilities and connections
- Insofar as EAB procures from third parties on behalf of the customer technical and other facilities, this is performed in the name, on proxy and on the customer’s account. The customer is responsible for careful handling and proper return. The customer releases EAB from all claims by third parties from the provision of these facilities.
- Use of customer’s own electrical equipment and connecting this to the EAB mains power supply network requires EAB consent in writing. If through the use of these devices malfunctions or damages to EAB equipment arise, these are to the charge of the customer, insofar as EAB is not responsible. Electricity costs arising may be calculated by EAB on a lump-sum basis and invoiced.
- Malfunctions/disruptions in technical or other facilities provided by EAB will if possible be remediated immediately. No payment may be withheld or reduced, insofar as EAB is not responsible for these occurrences.
X. Loss or damage to personal property items
- Items brought along to the event (exhibits or other items, including personal property) are placed at the customer’s risk in meeting / communal rooms or hotel rooms at EAB. EAB assumes no liability for damages, loss, destruction or damage, including financial loss, except in the case of gross negligence or wilful misconduct of EAB / the hotel. This does not include damages involving death and injury to body or health. Furthermore, all cases in which, due to the circumstances of the individual case, care and custody represent an obligation inherent in the contract, are excluded from this exemption from liability.
- Decoration or non-sale items brought along are required to comply with fire protection technical requirements; EAB is entitled to demand official proof of this. In case of doubt, the customer is required to contact the competent authority. If such proof is not presented, EAB is entitled to remove any already positioned material at the expense of the customer. Any necessary insurance for brought-in exhibit items is the responsibility of the contracting body. EAB is not liable for lost or damaged items. Positioning and attachment of items are, due to potential damage risk, to be agreed beforehand with EAB.
- Exhibition and other items brought by the customer must be removed immediately after the end of the event. If the customer fails to do this, EAB may carry out removal and storage at the expense of the customer. If the items remain in the meeting room, EAB may charge reasonable compensation for use for the period. The customer is free to prove whether or not the above claim has been incurred, and if so, to the amount demanded.
- EAB is not liable for any valuable items (money, cameras, etc.) which are kept in the hotel guest rooms. EAB recommends that guests make use of the opportunity to keep valuables in the EAB safe.
- If a parking space is provided for a customer to use free of charge on the EAB grounds, this does not constitute a contract for care and protection being concluded as a result. EAB is not liable for the loss of or damage to already parked or manoeuvring vehicles or their contents on EAB premises.
- Messages, post / parcels or deliveries for a guest will be handled with care without guarantee for factual and substantive correctness. EAB is liable only for damage caused by act or omission by EAB, or its agents in the meaning of § 428 of the German commercial code, intentionally or carelessly committed in connection with safe-keeping or receipt of messages, post / parcels or deliveries. EAB will undertake to deal with delivery, safe-keeping and – on request – for a fee forwarding of the said items.
XI Customer liability for damages
- If the customer is an entrepreneur, he is liable for all damage to buildings or contents, caused by event participants or visitors, employees, other third parties from his sphere of influence, or himself.
- EAB may require provision of adequate collateral (e.g., insurance policies, deposits, guarantees) by the customer.
- Any official permission documents necessary for an event must be procured by the customer in good time at his own expense. He is responsible for compliance with public service obligations and other provisions. He has to pay duties required to be paid for the event to third parties, in particular GEMA fees, entertainment tax etc. directly / immediately to the relevant authority/creditor.
- Rights for correction of mistakes as well as printing and calculation errors are reserved. Oral agreements are only effective if they are confirmed in writing by EAB.
XIII Final provisions
- Any changes or amendments to the contract, of the acceptance of the offer, or to these EAB terms and conditions must be made in writing. Unilateral amendments or supplements by the customer are ineffective.
- Place of performance and place of payment is the EAB place of business.
- Sole and exclusive place of jurisdiction – also for cheques and currency disputes – in commercial transactions is the EAB place of business. If a contracting party fulfils the requirement of § 38 paragraph 2 of German code of civil procedure and has no general jurisdiction in Germany, the EAB place of business is considered the court of jurisdiction.
- German law shall apply. Application of the UN sales law and the conflict of law is excluded.
- The customer may sue EAB only at its place of business.
- In the event that (one) individual provision(s) of these general terms and conditions should be invalid or void for hotel accommodation contracts or for events, the validity of the remaining provisions is not affected. Moreover, statutory provisions shall apply.