COMPLETION OF THE CONTRACT

Transcription

1 General terms of business Hardenberg hotel and catering trade companies GmbH & Co. KG, Nörten-Hardenberg AREA OF APPLICATION 1. These terms of business are valid for contracts about the on hire surrender of hotel rooms to the accomodation and from conference rooms, banquet rooms and event rooms of the hotel for the realisation of events like banquets, conferences etc. as well as for everybody hanging together with it next for the customer / organizer or third (in the following customer called) for produced achievements and deliveries of the hotel (in the following achievement called). 2. The unterrenting or wide renting of the überlassenen rooms, surfaces and glass cabinets as well as the invitation for interviews, sales or similar events need the previous written approval of the hotel. COMPLETION OF THE CONTRACT The contract comes about by the acceptance of the application of the customer by the hotel. It stays empty to the hotel to confirm the achievements in writing. ACHIEVEMENTS, PRAISES, PAYMENTS, COMPENSATION 1. The hotel is obliged to hold ready the achievements booked by the customers and to produce. 2. The customer is obliged to pay the valid or agreed prices of the hotel for the produced and for the ordered achievements. This is also valid for achievements arranged by the customers and displays of the hotel into three parts. 3. The prices can be changed by the hotel if the customer wishes afterwards changes of the number of the booked rooms or achievements of the hotel or the duration of stay of the guests and the hotel agrees to him. 4. The number of the participants has to go to the hotel mind. 3 working days before the event beginning are informed. In case of a divergence down the customer has after the informed to perform at least after the agreed number of payment. In case of a divergence of the number of participants upwards the actual number of participants is calculated. With divergences of the number of participants about more than 10% the hotel is entitled to adapt the agreed prices accordingly as well as to exchange the confirmed rooms, unless this is unreasonable to the organizer. 5. If the agreed times of commencement or final times of the event move without previous written approval of the hotel, the hotel can charge for additional costs of the motivation, unless, the hotel meets a fault.

2 6. As a night shift premium are from the customer for every started hour after 1:00 o'clock per service strength (number lies in the judgement of the hotel) EUR, independent of the consumption to pay EUR / hour, however, at most. 7. The customer may not bring dishes and drinks basically. Exceptions need the written arrangement with the hotel. In these cases a contribution to the cover of the overhead costs is calculated. 8. Calculations of the hotel without date of maturity are payable within 10 days from access of the calculation without deduction. The hotel is entitled to put accumulated demands any time due and to require prompt payment. 9. The customer can charge only with an indisputable or legal demand towards a demand of the hotel or diminish. RESIGNATION OF THE CUSTOMER, CANCELLATION, CANCELLATION 1. A cancellation of the contract closed with the hotel needs the written approval of the hotel. If this does not occur, the agreed price from the contract is less the saved achievements (see Ziff. To pay 3) also if the customer does not take up the contractual achievements. This is not valid in cases of the achievement delay of the hotel or an impossibility to be represented by him of the contract performance. 2. Provided that between the hotel and the customer an appointment was agreed to the resignation by the contract in writing, the customer can withdraw till then from the contract without releasing payment or compensation claims of the hotel. The right to rescind of the customer goes out if he does not use his right to the resignation in writing compared with the hotel up to the agreed appointment, provided that a case of the achievement delay of the hotel or an impossibility to be represented by him of the achievement performance is not given. 3. It stays empty to the hotel, to him originating and from the customer damage to be made good to pauschalieren. Then the customer is obliged to pay 90% of the by contract agreed price of overnight stay with breakfast and if necessary plus 70% of the half board price and 60% of the American plan price. The proof stays empty to the customer that no damage originated or the damage resulted to the hotel is lower than the demanded all-inclusive. The claim of the hotel for the other achievement performance according to these conditions amounts: Priest set day (calender date) for claims of the hotel before event, a) 22. up to the 39th day calculation of 25% of the escaped turnover, b) 10. up to the 21st day calculation of 50% of the escaped turnover, c) up to the 10th day for calculation of 75% of the escaped turnover, escaped turnover = (e.g., dishes + drinks), if this is not fixed yet specifically, is valid: Least menu price banquet x personal number, plus rent. The height of the rent arises from the confirmation of order of the hotel.

3 TECHNICAL FACILITIES AND CONNECTIONS 1. As far as the hotel procures technical and other facilities of third for the customer on his occasion, it acts in the name of, in authority and for calculation of the customer. The customer sticks for the careful treatment and the proper return. He releases the hotel from all claims of third from the surrender of these facilities. 2. The use of own electric arrangements of the customer under use of the stream net of the hotel needs his written approval and is defeated by separate conditions. LOSS OR DAMAGE OF BROUGHT THINGS 1. Carried along exhibition stand or other, also personal objects are on danger of the customer in the rooms of the hotel. The hotel assumes for loss, setting or damage no liability, except with coarse carelessness or intention of the hotel. 2. Brought decorative material has to correspond to the fire-police demands. The hotel is entitled, in so far as to require an official proof. Because of possible damages the installation and fixing are to be tuned by objects before with the hotel. 3. The brought exhibition stand or other objects are to be removed after the end of the event immediately. If the customer omits from this, the hotel may carry out the distance and storage at the expenses of the customer. If the objects remain in the rooms, the hotel for the duration of the whereabouts can calculate space rent. The proof of a lower one, to the hotel that of a higher damage is left to the customer. 4. The customer sticks for all damages to buildings or inventory which are caused by third from his area or him himself. 5. The hotel can require from the customer the Gestellung of adequate securities. RESIGNATION OF THE HOTEL 1. Provided that a right to rescind of the customer was agreed within a certain term in writing, the hotel is entitled in this period on his part to withdraw from the contract if inquiries of other customers are given after the by contract booked rooms and the customer does not renounce further inquiry of the hotel on his right to the resignation. 2. If an agreed security is also not provided on spreading an adequate extension sedate by the hotel with refusal threat, the hotel is also entitled to the resignation of the contract. 3. Further the hotel is entitled to withdraw exceptionally for essentially justified reason from the contract, for example, if: higher power or other circumstances not to be represented by the hotel them Fulfilment of the contract make impossible; Achievements under delusive or false statement more substantially

4 Facts, e.g., in the person of the customer or the purpose, booked became; the hotel founded occasion for the acceptance has, that they Claim of the achievements the free from problems business concern, the security or the respect of the hotel in public can endanger, without this to the rule or. Organisation area of the hotel is to be added. 4. The hotel has to inform the customer of the exercise of the right to rescind immediately. With entitled resignation of the hotel there originates no claim of the customer on compensation. ACHIEVEMENT SUPPLY, ACHIEVEMENT HANDING OVER AND ACHIEVEMENT RETURN 1. The customer acquires no claim to the supply of certain rooms, provided that their supply was not expressly agreed. 2. Booked rooms stand off to the customer 15:00 o'clock of the agreed journey day at the possession. The customer has no right to former supply. 3. On the agreed departure day the rooms are to be made available to the hotel at the latest at 11:00 o'clock removed. Then the hotel after the damage originating to him thereby for the additional use of the room till 18:00 o'clock bears 50% of the full accommodation price (list price) charge, 18:00 o'clock for 100%. It stays empty to the customer to prove to the hotel that to this nobody or a substantially lower damage has originated. LIABILITY OF THE HOTEL 1. The hotel sticks for the care of a well-arranged businessman. Should disturbances or defects of the achievements of the hotel appear, the hotel will try hard with knowledge or on prompt rebuke of the customer to provide for remedy. The customer is obliged to contribute reasonable to him to repair the disturbance and to hold a possible damage low. 2. The hotel sticks for his obligations from the contract. In the area atypical for achievement the liability is limited to intention and coarse carelessness of the hotel. This is not valid for damages from the injury of the life, the body or health which are based on a careless duty injury of the hotel. The customer is obliged to point out the hotel on time to the possibility of the origin of an extremely high damage. 3. The hotel to the customer sticks for introduced things according to the legal regulations ( Civil Code). 4. As far as a parking lot is made available to the customer in the hotel garage or on a hotel parking bay, also against remuneration, no preservation contract thereby comes about. With

5 loss or damage on the hotel property of put down or shunted automobiles and their contents the hotel does not stick, except with intention or coarse carelessness. This is also valid for fulfilment assistant of the hotel. 5. Wake-up missions are explained by the hotel with the biggest care. Compensation claims, except because of coarse carelessness or intention, are excluded. 6. News, post and consignments of goods for the customers is treated with the biggest care. The hotel takes over the delivery, safekeeping and - if requested - against remuneration the postbroadcasting of the same. Compensation claims, except because of coarse carelessness or intention, are excluded. FINAL REGULATION 1. Changes or supplements of the contract must occur in writing. One-sided supplements or changes by the customer are ineffective. 2. Place of fulfilment and place of payment is a seat of the hotel 3. Legal venue among independent commercial agents - also for cheque and change disputes - is Northeim 4. It is worth the right of the Federal Republic of Germany. 5. Should single regulations of these general terms of business be ineffective or trifling or become, the effectiveness of the remaining regulations is not thereby touched., For the rest, are valid the legal regulations. DATA PROTECTION It is pointed out according to 26 paragraph 1 BDSG to the fact that the data resulting with the business dealings of our business partners are stored according to 23 BDSG.