Terms & conditions
For the hotel accommodation contract
I. Scope
- These Terms and Conditions govern contracts will apply to the rental use of hotel rooms for accommodation and all services provided in this connection for the customer through services and hotel delivery. The term “Hotel Accommodation Contract” comprises and replaces the following terms: Accommodation-, Lodging-, Hotel-, Hotel room contract.
- The Subletting or leasing of made available Rooms, areas or display areas as well as the inviting or conducting of Interviews, Sales and or similar activities requires the prior consent of the hotel in writing, paragraph § 540, sentence 2, German Civil Code is waived in the case where the client is not the consumer.
- Terms and conditions of the customer shall only apply if this has been specifically agreed to in text form.
II. Conclusion of contract, – partner, statute of limitations
- Contract partners are the Hotel and the Client. The contract takes place through the request acceptance of the client by the Hotel.
- The hotel shall be liable for damages in the form of injury to life, body and health. Furthermore, it is liable for damages based on an intentional or negligent breach of contractual duties by the Hotel. A breach of obligation by the Hotel is liable to a legal representative or agent. Any further claims for damages, unless otherwise provided for in paragraph 13, are excluded. Should disruptions or defects in the performance of the hotel occur, the hotel will take action upon knowledge thereof or upon receiving a complaint from the customer to provide a solution. The customer is obligated to make a reasonable contribution to eliminate the disruption and to keep any possible damage at a minimum. Moreover, the customer is obliged to immediately notify the hotel of the possibility of any irregular damage.
- All claims against the Hotel lapse after 1 Year. Compensation claims are limited and lapse regardless of knowledge after 5 Years, unless they are based on injury to life, body, health or freedom. These damage claims become time-barred, regardless of knowledge after 10 Years. The limitation periods shall not apply to claims which are based on an intentional or negligent breach of obligation.
III. Services, prices, payment, compensation, damage, misconduct
- The Hotel is committed to provide reserved services by the customer and agreed upon by the hotel.
- The customer is obliged to pay the agreed or applicable amount for to these and other services utilized by the hotel. This also applies to all customers, those who booked directly or through the hotel commissioned third parties and for all services incurred by the Hotel. In particular, this also applies to claims of copyright law collecting agencies. The agreed prices include at the time of contract agreement applicable taxes.
- The hotel may make its consent to a subsequent reduction in the number of rooms booked, the hotel’s services or the length of the customer’s stay requested by the customer or the duration of the customer’s stay at the customer’s request subject to an increase in the price for the rooms and/or for the hotel’s other services.
- Hotel invoices not showing a due date are to be settled within 10 days from receipt of the invoice without deduction. The hotel does not bear any bank fees possibly arising from foreign transfers. If payment is delayed, the hotel is has the right to demand 8% (the applicable current statutory default interest) or transactions with a consumer, the amount of 5% will be added above the base rate. The hotel does not bear any bank fees possibly arising from foreign transfers.
- The hotel is entitled by contract agreement to require a reasonable advance payment or security deposit in the form of a credit card to guarantee a payment. The amount of the advance payment and payment dates may be agreed in the contract in writing. With advance payments or security deposits for package tours, the statutory provisions shall remain unaffected.
- In justified cases, for example, customer arrear on payments or additional items requested to the contract, the hotel is entitled to demand even after Conclusion of contract until the beginning of the stay an advance payment or security deposit within the terms mentioned above in 3.5 additionally the Hotel has the right to request the full amount of security deposit up to the total amount of compensation fort he agreed to services.
- The hotel is also entitled to demand an appropriate advance payment or security deposit from the customer at the beginning and during the stay in accordance with No. 5 above for existing and future claims arising from the contract, provided that such payment has not already been made in accordance with No. 5 and/or 6 above. The total price of the booked stay is due upon arrival.
- Only in the case of an undisputed claim which is legalized by a court may the client deduct or amend Invoices received from the Hotel.
- The Hotel 47° is a non-smoking hotel. There is therefore a strict ban on smoking. Violations of the ban in the room area will be charged a special cleaning fee of at least €200.00. In all other areas of the house we charge this fee based on effort.
If a fire alarm is triggered by unauthorized smoking or the smoke detectors have been intentionally tampered with, the hotel assumes no liability. The resulting costs of deploying the fire brigade or other security services must be paid immediately on site. The assertion of damages, for example due to the rooms not being rentable, remains unaffected by this. Damage such as burn marks and holes in or on furniture, fly screens, floors, bed linen, etc. means that we have to invoice you for these at the replacement value. - The consumption or possession of drugs of any kind, including cannabis (according to the Cannabis Act, or CanG for short), is not permitted in the hotel or on the outdoor area.
- Open fires and the lighting of candles by external and hotel guests are not permitted anywhere in the hotel (particularly in the hotel rooms, stairwells, hallways and sanitary areas). We would like to point out that any damage caused by you must be reimbursed to the hotel at replacement value and will be invoiced.
- If we discover that another person is staying in your room without prior notice, who you have not checked in at reception, you will also be charged the full room rate.
- Depending on availability, we offer a room in our hotel to park your bicycle. Alternatively, you can park your bike on the metal racks in front of the hotel in the public spaces and secure it with a lock. In case of damage or theft during free storage at the hotel, we assume no liability. For insurance reasons, the lithium-ion batteries of your e-bikes may not be taken into the hotel rooms. Due to an increased risk of fire, you are obliged to inform us if your battery is damaged. Batteries may only be charged under the supervision of the owner. The hotel staff bear no responsibility. This lies with the owner. E-bikes, bicycles, scooters and e-scooters may not be taken into the hotel rooms.
- Due to the corresponding restrictions at the hotel, only a limited number of parking spaces are available for our hotel guests to load and unload. The holding time is calculated as 15 minutes. Since these areas, as well as the right of way, must be kept free for the other tenants of the parking spaces, taxis, suppliers, emergency service and other guests, you are obliged to move your vehicle accordingly. In the event of non-compliance, a processing fee of at least €15.00 will be charged, depending on the type of disability. Particular recklessness and disregard may result in vehicles being towed away.
There is a SuitePad (tablet) with charging station in your room. These devices do not work outside the hotel building. They are GPS-secured against theft and may only be used in the assigned hotel room. Theft becomes reported and the resulting damage (new tablet, configuration, etc.) will be charged.
A maximum of one pet is allowed in selected rooms in our hotel. For this we charge € 15.00 per night without food. You must register your pet at the time of booking. Failure to do so will result in a cleaning fee of € 150.00.
The city of Constance charges a tourism and climate protection tax of 5.6% on the booked overnight stay for all travelers. This tax is in addition to the accommodation costs and is paid in full to the city of Constance. We will show these separately on your final invoice.
IV. Withdrawal by the customer (cancellation) / non-utilization of the hotel’s services (no show)
- Withdrawal by the customer from the contract concluded with the hotel requires the hotel’s consent in text form. If this is not given, the agreed price from the contract must be paid even if the customer does not make use of contractual services.
- If the hotel and the customer have agreed a date for free withdrawal from the contract in text form, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal vis-à-vis the hotel in text form by the agreed date.
- In the case of rooms not used by the customer, the hotel must offset the income from renting these rooms to other parties as well as the expenses saved. If the rooms are not rented to other parties, the hotel may demand the contractually agreed remuneration and make a lump-sum deduction for expenses saved by the hotel. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for overnight stays with or without breakfast, 70% for half-board and wellness arrangements and 60% for full-board arrangements. The customer is at liberty to prove that the aforementioned claim did not arise or did not arise in the amount demanded.
IV. Withdrawal by the hotel
- If it has been contractually agreed that the customer may withdraw from the contract free of charge within a certain period of time, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers regarding the contractually reserved rooms and the customer does not waive his right of withdrawal upon inquiry by the hotel.
- If an advance payment or security deposit agreed upon or demanded in accordance with Clause III Numbers 5 and/or 6 above 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.
- Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if
– force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the
– contract rooms or spaces are culpably booked with misleading or false statements of material facts, e.g. concerning the person of the customer or the purpose of the stay;
– the hotel has justified cause to believe that the use of the hotel’s services may jeopardize the smooth operation of the hotel, its security or public reputation, without this being attributable to the hotel’s sphere of control or organization
– the purpose or reason for the stay is unlawful
– there is a violation of the above-mentioned Section I No. 2 - In the event of justified withdrawal by the hotel, the customer shall not be entitled to claim damages
VI. Room provision, handover and return
- The customer is not entitled to the provision of specific rooms unless this has been expressly agreed in text form.
- Booked rooms are available to the customer from 3 p.m. on the agreed day of arrival. The customer is not entitled to earlier availability.
- On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11.00 a.m. at the latest. After this time, the hotel may charge 50% of the full accommodation price (list price) for the delayed vacating of the room until 6 p.m., and 100% from 6 p.m. onwards. This shall not give rise to any contractual claims on the part of the customer. The customer is at liberty to prove that the hotel has no or a significantly lower claim to the final usage fee.
VII. Liability of the hotel
- The hotel is liable for its obligations under the contract. Claims of the customer for damages are excluded. Excluded from this are damages resulting from injury to life, body or health if the hotel is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of typical contractual obligations of the hotel. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. Should disruptions or defects in the hotel’s services occur, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to make reasonable efforts to remedy the disruption and minimize any possible damage.
- The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions. Accordingly, the liability is limited to one hundred times the room rate, but not more than € 3500 and, by way of derogation, not more than € 800 for money, securities and valuables. Money, securities and valuables up to a value of € 30,000 can be stored in the hotel or room safe. The hotel recommends making use of this option, as it accepts no liability for valuables left in the room.
- If the customer is provided with a parking space in a hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. The hotel shall not be liable for loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, except in cases of intent or gross negligence. The provisions of number 1, sentences 2 to 4 above apply accordingly to the exclusion of the customer’s claims for damages.
- Wake-up calls are carried out by the hotel with the utmost care. Messages, mail or consignments of goods for guests are handled with care. The hotel will deliver, store and – on request – forward them for a fee. The provisions of number 1, sentences 2 to 4 above shall apply accordingly to the exclusion of claims for damages by the customer.
VIII. Final provisions
- Amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions should be made in text form. Unilateral amendments or additions by the customer are invalid.
- The place of performance and payment is the location of the hotel
- The exclusive place of jurisdiction – also for disputes concerning checks or bills of exchange – in commercial transactions is the registered office of the hotel under company law. If a contractual partner fulfills the requirements of § 38 paragraph 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.
- German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
- Should individual provisions of these General Terms and Conditions 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.
For events and groups
I. Scope
- These terms and conditions apply to contracts for the rental of conference, banquet and event rooms of the hotel for the organization of events such as banquets, seminars, conferences, exhibitions and presentations, etc., as well as to all other services and deliveries provided by the hotel for the customer in this context. Furthermore, they apply to contracts for the rental of hotel rooms with a volume of 10 rooms or more for accommodation as well as all services and deliveries provided by the hotel for the customer in this connection (hotel accommodation contract). The term “hotel accommodation contract” includes and replaces the following terms: Accommodation Contract, Guest Accommodation Contract, Hotel Contract, Hotel Room Contract.
- The subletting or re-letting of the rooms provided as well as their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby § 540 paragraph 1 sentence 2 BGB is waived insofar as the customer is not a consumer.
- The subletting or re-letting of the rooms, areas or showcases provided as well as invitations to interviews, sales or similar events require the prior consent of the hotel in text form, whereby § 540 para. 1 sentence 2 BGB is waived insofar as the customer is not a consumer.
- The customer’s general terms and conditions shall only apply if this has been expressly agreed in advance in text form.
II. Conclusion of contract, partners, liability, statute of limitations
- The contractual partners are the hotel and the customer. The contract is concluded upon acceptance of the customer’s application by the hotel.
- The hotel shall be liable for damages for which it is responsible arising from injury to life, limb and health. Furthermore, it is liable for damages resulting from an intentional or grossly negligent breach of typical contractual obligations by the hotel. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. Further claims for damages, insofar as not otherwise regulated in clause 13, are excluded. Should disruptions or defects in the hotel’s services occur, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to make reasonable efforts to remedy the disruption and minimize any possible damage. Furthermore, the customer is obliged to inform the hotel in good time of the possibility of extraordinary damage occurring.
- All claims against the hotel shall generally become time-barred one year after the commencement of the limitation period. Claims for damages are subject to a limitation period of five years, irrespective of knowledge, unless they are based on injury to life, limb, health or freedom. These claims for damages are subject to a limitation period of ten years regardless of knowledge. The shortening of the limitation period shall not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
III. Services, prices, payment, offsetting, damage, misconduct
- The hotel is obliged to provide the services booked by the customer and promised by the hotel.
- The customer is obliged to pay the agreed or applicable price of the hotel for these and other services used. This also applies to services commissioned by the customer directly or via the hotel, which are provided by third parties and disbursed by the hotel. In particular, this also applies to claims by copyright collecting societies.
- The agreed prices include the taxes applicable at the time the contract is concluded.
- Hotel invoices without a due date are payable in full within 10 days of receipt of the invoice. Any bank charges that may arise from a foreign bank transfer shall not be borne by the hotel. The hotel may demand immediate payment of due claims from the customer at any time. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest of currently 8% or, in the case of legal transactions in which a consumer is involved, 5% above the base interest rate. The hotel reserves the right to provide evidence of higher damages.
- The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract in the form of a credit card guarantee, a deposit or similar. The amount of the advance payment and the payment dates may be agreed in text form in the contract. The total price of the booked stay is due on arrival.
- In justified cases, e.g. payment arrears of the customer or extension of the scope of the contract, the hotel is entitled to demand an advance payment or security deposit within the meaning of No. 5 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration, even after conclusion of the contract up to the beginning of the stay.
- The customer may only offset or set off an undisputed or legally binding claim against a claim of the hotel.
- The Hotel 47° is a non-smoking hotel. Smoking is therefore strictly prohibited. Violations of the ban in the room area will be charged with a special cleaning fee of at least 200.00 €. In all other areas of the hotel, we charge this fee at cost. This does not affect the assertion of claims for damages, for example if the rooms cannot be rented out. Damage such as burn marks and holes in or on furniture, fly screens, flooring, bed linen, etc. will result in us having to charge you for this at replacement value.
- The consumption or possession of drugs of any kind, including cannabis (according to the Cannabis Act, CanG for short), is not permitted in the hotel or on the outdoor area.
- Open fires and the lighting of candles by external and hotel guests is not permitted anywhere in the hotel (in particular in the hotel rooms, stairwells, corridors and sanitary areas). We would like to point out that any damage caused by you will be charged to the hotel at replacement value.
- If we discover that another person is staying in your room unannounced and you have not booked them in at reception, you will be charged the full room rate in addition.
- Subject to availability, we offer a room in our hotel where you can park your bike. Alternatively, you can park your bike in front of the hotel in the public areas on the metal hangers and secure it with a lock. In the event of damage or theft during
free storage at the hotel, we accept no liability. For insurance reasons, the lithium-ion batteries of your e-bikes may not be taken into the hotel rooms. Due to an increased risk of fire, you are obliged to inform us if your battery is damaged. Batteries may only be charged under the supervision of the owner. The hotel staff bear no responsibility. This lies with the owner. E-bikes, bicycles, scooters and e-scooters may not be taken into the hotel rooms. - Due to the conditions at the hotel, only a limited number of stopping places are available for our hotel guests for loading and unloading. The stopping time is calculated at 15 minutes. As these areas, as well as the right of way, must be kept free for the other tenants of the parking spaces, cabs, suppliers, emergency services and other guests, you are obliged to move your vehicle accordingly. In the event of non-compliance, a processing fee of at least € 15.00 will be charged, depending on the case of obstruction. Particular recklessness and disregard can lead to vehicles being towed away.
- There is a SuitePad (tablet) with charging station in your room. These devices do not work outside the hotel building. They are GPS-protected against theft and may only be used in the assigned hotel room. Theft will be reported to the police and the resulting damage (new tablet, configuration, etc.) will be charged.
- The city of Constance levies a tourism and climate protection tax of 5.6% on the booked accommodation price for all travelers. This tax is charged in addition to the accommodation costs and is paid in full to the City of Constance. We will show this separately on your final invoice.
IV. Withdrawal by the customer (cancellation) / non-utilization of the hotel’s services (no show)
- Cancellations must be made in writing and must be confirmed by the hotel. The customer shall only be entitled to withdraw from the contract in accordance with the statutory provisions or on the basis of a contractual agreement. If, in individual cases, a date for cost-free withdrawal from the contract was agreed in writing between the hotel and the customer upon conclusion of the contract, the customer may only withdraw from the contract up to this date without incurring payment or damage compensation claims by the hotel.
- In the event that the Contractual Partner cancels the reservation, the Hotel shall be entitled to reasonable compensation.
- Das Hotel hat die Wahl, gegenüber dem Vertragspartner statt einer konkret berechneten Entschädigung, Schadenersatz in Form einer Entschädigungspauschale geltend zu machen.
Die Berechnung der Entschädigungspauschale umfasst die vertraglich vereinbarten Leistungen (insbesondere die Logis der Gäste, die Miete der Konferenz- und Funktionsräume und/oder die Bewirtung und die gebuchten Pauschalen).
Diese staffelt sich bei einem Übernachtungsvolumen von bis zu 60 Zimmer-Nächten (Multiplikator Anzahl der Zimmer sowie Dauer an Nächten des Aufenthalts) sowie bis zu 30 Zimmern für eine Übernachtung wie folgt:
– Up to 2 months before date of arrival
no cancellation fees
– Up to 1 month before date of arrival
50% of the booked service
– Up to 2 weeks before date of arrival
70% of the booked service
– Less than 2 weeks before date of arrival
80% of the booked service
The calculation of the flat-rate compensation fee is staggered as follows for overnight stays of more than 60 room nights and more than 30 rooms for one overnight stay:
– Up to 3 months before date of arrival
no cancellation fees
– Up to 6 weeks before date of arrival
50% of the booked service
– Up to 4 weeks before date of arrival
70% of the booked service
– Less than 2 weeks before date of arrival
80% of the booked service
When booking an event room without a fixed meal service, the reserved service is calculated by multiplying the number of persons by the cheapest 3-course menu price from the existing offer.
Cancellation fees shall be reduced by the amounts generated by re-letting the canceled rooms or event capacities.
The aforementioned cancellation fees shall also apply if the ordered and reserved services are only partially canceled by the guest, whereby the aforementioned flat rates refer to the part of the services that was canceled, or if the guest does not make use of the ordered and reserved services without express cancellation.
4. 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 has no claim to compensation. Decisive for the timeliness of the declaration of withdrawal is its receipt by the hotel. The guest must declare the withdrawal in writing.
V. Cancellation by the hotel
- If the guest has been granted a free right of withdrawal in accordance with the contractual agreements, the hotel is also entitled to withdraw from the contract within the agreed period if there are inquiries from other guests about the booked rooms or event capacities and the guest does not waive his free right of withdrawal upon inquiry by the hotel.
- If a contractually agreed advance payment or security deposit is not made even after a grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.
- Furthermore, the hotel is entitled to withdraw from the contract for good cause, in particular if
– force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract events are booked with misleading or false information regarding material facts, e.g. the organizer or the purpose of the event
– the hotel has reasonable grounds to believe that the event may jeopardize the smooth running of the business, the security or the reputation of the hotel in public, without this being attributable to the hotel’s sphere of control or organization
– unauthorized subletting or re-letting of the rooms, areas or showcases provided as well as invitations to job interviews, sales or similar events require the prior written consent of the hotel
– the hotel becomes aware of circumstances that the financial circumstances of the contracting party have deteriorated significantly after conclusion of the contract, in particular if the guest does not settle due claims of the hotel or does not provide sufficient security and therefore payment claims of the hotel appear to be at risk
– the contractual partner has filed an application for the opening of insolvency proceedings against his assets, has made an affidavit in accordance with § 807 of the German Code of Civil Procedure, has initiated out-of-court proceedings for the settlement of debts or has suspended payments
– insolvency proceedings are opened against the contracting party’s assets or the opening of such proceedings is rejected due to lack of assets.
VI. Change, partial return of room capacities during the event
Up to 42 days before arrival:
max. 15% of the reserved contingent
Up to 21 days before arrival:
max. 10% of the reserved contingent, but at least one room
Up to 14 days before arrival:
max. 8% of the reserved contingent, but at least one room
Less than 14 days before arrival:
max. 5% of the reserved contingent, but at least one room
The organizer can only make use of the return option once per reservation. If the organizer returns a higher contingent than that stated at the time in question, the hotel is entitled to charge the cancellation exceeding the percentage stated. In the case of call-off contingents with an agreed return date (cut-off date), the above-mentioned return deadlines for the contingent shall not apply.
VII. Changes to the number of participants and the event time for events
- The contract partner is obliged to inform the hotel of the expected number of participants when placing the order. The final number of participants must be communicated to the hotel in writing no later than four working days before the date of the event in order to ensure careful preparation. A change in the number of participants by more than 5% requires the hotel’s consent.
- In the event of an increase in the registered and contractually agreed number of participants, the actual number of persons shall be charged for services provided by the hotel based on the number of persons registered (e.g. hotel rooms, food and beverages). In the event of a reduction in the contractually agreed number of participants by more than 5%, the hotel is entitled to charge the contractually agreed number of participants less 5%.
- If the number of participants is reduced by more than 10%, the hotel is entitled to increase the agreed prices appropriately and to exchange the confirmed rooms, unless this cannot be reasonably expected of the contract partner. The prices may also be changed by the hotel if the contract partner subsequently requests changes to the number of participants, the hotel’s services or the duration of the event and the hotel agrees to this. If a definable portion of a booked event is not utilized, the hotel may demand reasonable compensation for the portion not utilized in accordance with the cancellation policy.
- The contract partner is at liberty to prove that the hotel has a higher share of saved expenses.
- If the agreed start or end times of the event are postponed without the prior written consent of the hotel, the hotel may charge additional costs for the provision of staff and equipment, unless the hotel is responsible for the postponement.
- For events that extend beyond 11.00 p.m., the hotel may, unless otherwise agreed, charge the personnel expenses from this time onwards on the basis of an itemized bill. Furthermore, the hotel may charge employees’ travel costs on an itemized basis if they have to make their way home after public transport has closed.>
VIII. Price changes
If the period between the conclusion of the contract and the provision of the individual services exceeds a period of more than 4 months and if the price generally charged by the hotel for such services increases, the contractually agreed price may be increased by the hotel by a reasonable amount, but by no more than 10%.
IX. Event fees
If the rights of third parties (copyrights, etc.) are affected during events, the organizer is obliged to obtain the relevant permits at his own expense before the event takes place and to pay any fees incurred (GEMA fees, etc.) directly. Should fees or claims for damages nevertheless be asserted against the hotel for this reason, the organizer shall indemnify the hotel against the claimants.
X. Deposit
XI. Bringing food and drinks
The customer may not bring food and drinks to events. Exceptions require an agreement with the hotel. In these cases, a contribution to cover overheads will be charged.
XII. Technical equipment and connections
- If the Hotel procures technical and other equipment from third parties for the Customer at the Customer’s request, it shall act in the name of, on behalf of and for the account of the Customer. The customer shall be liable for the careful handling and proper return of such equipment. The customer shall indemnify the hotel against all third-party claims arising from the provision of such equipment.
- The use of the customer’s own electrical equipment using the hotel’s electricity network requires the hotel’s consent. Any malfunctions or damage to the hotel’s technical equipment caused by the use of such equipment shall be borne by the customer, unless the hotel is responsible for them. The hotel may record and charge a flat rate for the electricity costs arising from the use of such equipment.
- With the hotel’s consent, the customer is entitled to use his own telephone, fax and data transmission equipment. The hotel may charge a connection fee for this.
- If suitable hotel equipment remains unused due to the connection of the customer’s own equipment, a compensation fee may be charged.
- Faults in technical or other equipment provided by the hotel will be rectified as soon as possible. Payments may not be withheld or reduced insofar as the hotel is not responsible for this disruption.
XIII. Loss of or damage to items brought along
- Any exhibits or other items, including personal items, are kept in the event rooms or in the hotel at the customer’s risk. The hotel accepts no liability for loss, destruction or damage, nor for financial losses, except in cases of gross negligence or intent on the part of the hotel. Excluded from this are damages resulting from injury to life, limb or health. In addition, all cases in which safekeeping is a typical contractual obligation due to the circumstances of the individual case are excluded from this exemption from liability.
- Any decoration material brought into the hotel must comply with fire safety requirements. The hotel is entitled to demand official proof of this. If such proof is not provided, the hotel shall be entitled to remove any material already installed at the customer’s expense. Due to possible damage, the installation and attachment of objects must be agreed with the hotel in advance.
- Any exhibits or other items brought along must be removed immediately after the end of the event. If the customer fails to do so, the hotel may remove and store the items at the customer’s expense. If the items remain in the event room, the hotel may charge a reasonable compensation for use for the duration of the room being withheld.
XIV. Liability of the customer for damages
- If the customer is an entrepreneur, he shall be liable for all damage to buildings or inventory caused by event participants or visitors, employees, other third parties from his area or himself.
- The hotel may require the customer to provide an appropriate security deposit, for example in the form of a credit card guarantee.
XV. Final provisions
- Amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions should be made in text form. Unilateral amendments or additions by the customer are invalid.
- The place of fulfillment and payment as well as the exclusive place of jurisdiction – also for check and bill of exchange disputes – for commercial transactions is D-78467 Konstanz. If a contractual partner fulfills the requirements of §38 paragraph 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be D-78467 Constance.
- German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
- Should individual provisions of these General Terms and Conditions for Events and Groups 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.