General Terms and Conditions
1.1 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.
1.2 Subletting or renting of the room made available to the client for other purposes than accommodation 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.
1.3 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.
1.4 Terms and conditions of the customer shall only apply if this has been specifically agreed to in text form.
II. Conclusion of contract, - Partner, Liability, Statute of Limitations
2.1 Contract partners are the Hotel and the Client. The contract takes place through the request acceptance of the client by the Hotel.
2.2 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.
2.3 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.
2.4. The Hotel 47 ° is a Non Smoking Hotel. Smoking is strictly forbidden in all areas of the house. Any infringements of the prohibition in the room area is calculated using a special cleaning fee of a minimum of € 150.00. In all other areas of the house, we charge this fee at cost.
The assertion of damages, for example by non-rentability of the rooms, remains unaffected.
III. Services, prices, payment, compensation
3.1 The Hotel is committed to provide reserved services by the customer and agreed upon by the hotel.
3.2 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.
3.3 The agreed prices include at the time of contract agreement applicable taxes.
3.4 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.
3.5 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.
3.6 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.
3.7. 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.
IV. Withdrawal of the customer (Cancellation, Annulment) / Failure to Use Hotel Services (No Show)
4.1 Cancellations must be in writing and must be confirmed by the hotel. The customers right of annulment is only subject to the statutory provisions or contractual agreement. If, in each individual case in the contract between the Hotel and the customer a date for a cost-free cancellation is set in writing, the customer can only withdraw up to this date set in the contract without incurring payment or damage compensation claims by the Hotel.
4.2 In case of cancellation of the contractual partner of the booking, Hotel shall be entitled to reasonable compensation.
4.3 The hotel has a choice against the contractor to claim, instead of a specifically calculated indemnification rather compensation in the form of a package. The calculation of the compensation package includes the contracted services but not limited to (especially the lodging of the guests, the rental of conference and function rooms and / or the hosting and booked packages). This is graded according to the number of overnight stays; of up to 60 room nights (multiply number of rooms and nights Duration of stay) and up to 30 rooms for one night as follows:
Up to 2 months prior to arrival date
- No cancellation fee
Up to 1 month before arrival date
- 50% of the booked service
Up to 2 weeks before arrival date
- 70% of the booked service
Less than 2 weeks before arrival date
- 80% of the booked service
The calculated cancellation fee is graded according to the number of overnight stays; over 60 room nights and over 30 rooms for one night as follows:
Up to 3 months prior to arrival date
- No cancellation fee
Up to 6 weeks before arrival date
- 50% of the booked service
Up to 4 weeks prior to arrival date
- 70% of the booked service
Less than 2 weeks before arrival date
- 80% of the booked service
When booking a meeting / conference room without fixed food consumptions the cancelation fee will be calculated by multiplying the number of participants by cheapest 3 Course Menu available in our offer.
The cancelation fee will be reduced in the case that it was possible to resell the room or conference facility in the same period of the cancelation.
The above cancellation charges also apply if the ordered and reserved services are only partially cancelled by the guest, said cancelation fee will apply to the referred package that has been cancelled, or if the guest without written cancellation or after the set time frame for free cancelation, this also applies to services ordered and reserved but not taken advantage of in the Hotel by the guests.
4.5 If the Hotel has mentioned a Option date in the contract that allows the client to cancel or withdraw from the contract and this time frame is kept, the Hotel has no right to claim compensation. But cancellation has to be received in writing.
V. Withdrawal by the Hotel
5.1 If a free of charge cancellation period was agreed to in the contract, the Hotel also has the right to withdraw from the contract in the same time frame.
5.2 Additionally the Hotel has the right to withdraw from a contract if the set security deposit is not paid after a short grace period.
5.3 The Hotel has the right to withdraw from a contract for good cause, as per example:
- in cases of unforeseen actions not controlled by the Hotel that make it impossible to delivered the agreed to services for whatever reasons;
- Events that are booked under false intentions, per example the reason of event or identity of organization withheld;
- the Hotel has justified cause to believe that the event might jeopardize the smooth operation, security, or the hotel's reputation in public, without this being attributable to the management or organization of the Hotel;
- unauthorized subletting or letting of rooms, areas or display cabinets and invitations to job interviews, sales or similar events require the prior written permission of the Hotel;
- the hotel has gained knowledge that the financial circumstances of the contractual partner has considerably worsened after conclusion of the contract, especially if the client does not provide sufficient security deposit and therefore the Hotel appears at risk of payment claims;
- the contractual partner has filed for the opening of insolvency proceedings, submitted an affidavit in accordance with § 807 of the Code of Civil Procedure, initiated an extra-judicial settlement of debts serving process or suspended payments;
- if the contractual partner has opened an insolvent case.
VI. Changes, in part returning rooms in the frame of events
6.1 The Hotel allows the organizer to return hotel rooms under the following conditions without occuring cancelation fees:
Until 42 days before arrival:
- max. 15% of the reserved quota.
Until 21 days before arrival:
- max. 10% of the reserved quota, min 1 room.
Until 14 days before arrival:
- max. 8% of the reserved quota, min 1 room.
Less than 14 day before arrival:
- max. 5% of the reserved quota, min 1 room.
The organizer can only make use of this offer once. In case the organizer does not keep to the above mentioned time frame, the Hotel has the right to calculate according to the % and issue an invoice for the outstanding amount. In the case of call-off quotas with a determined cut off date, the above table and time frame is not applicable.
VII. Change in the number of participants and the duration of events
7.1 The client is to provide an accurate amount of participants at time of request. The final number of participants should be give to the hotel no later than 4 days before the start of the event. A change of participants of more than 5 % requires the approval of the Hotel.
7.2 When calculating the Services the Hotel uses the provided number of participants for (per example Hotel rooms, meals and drinks.) if more participants are registered the actual increased number of participants will be used to create the invoice. In the case of a reduced amount of participants of more than 5% the Hotel has the right to charge the original provided amount of participants minus 5%.
7.3 In the case of reduced participants by more than 10% the Hotel is entitled to adjust the offered price to be appropriate as well as change venue rooms should this deem necessary. The offered prices can also be amended in the case where the organizer informs the hotel of changes to number of participants, hotel rooms or event duration and the Hotel accepts this. For services ordered but not used the Hotel has the right to calculate a compensation fitting to the amount and items value not used.
7.4 It is free to the organizer to prove that the hotel had incurred less operating expenses.
7.5 Should the start or end of an event change without the written permission of the Hotel, the Hotel has the right to calculate incurred costs and put into Invoice for the client unless the hotel is responsible for the shift.
7.6 Events that continue later than 11.00 PM, unless otherwise agreed on, can be charged for night personnel expenses as well as night transportation should the public transportation not be possible any more due to the hour.
VIII. Price changes
8.1 If the period between conclusion of the contract and delivery of individual services is longer than 4 months and the prices have generally increased in the Hotel for such services, then the agreed to prices can be increased by a max of 10%.
IX. Event costs
9.1 If at events legal rights (copyrights, etc.) is required, the organizer is obliged to collect appropriate approvals at their own expense prior to the event and is fees are directly payable to the applicable organization (GEMA fees, etc.). Should any charges or damages for this reason still be claimed to the hotel the organizer frees the Hotel of all responsibility and compensation to be paid.
10.1 The client is responsible to make a security deposit if 50% no later than 4 weeks before arrival / start of event. A corresponding proforma invoice will be issued to the organizer before the event. Failure of making the security deposit, we reserve the right to automatically cancel the booking. If the hotel is unable to resell the cancelled capacity, the cost of the resulting revenue loss will be charged at 80% of the contract total.
XI. Bring your own food and drinks
11.1 In general the client is not allowed to bring own food and drink items onto the premises. Exceptions have to request written approval from the Hotel in advance. In this case an amount will be charged to cover the overheads.
XII. Technical Equipments and connections
12.1 If the hotel acquires technical and other equipment from third parties, the Hotel is acting on behalf of, and with authority of the client. All items will be invoiced to the client directly. The client is responsible for the careful handling and proper return of all equipment. He shall indemnify the hotel against all and any claims by the third parties arising from the provision of these facilities.
12.2 Use of own technical equipment and connection to our electrical network requires prior approval from the Hotel in writing. Should problems and or damages occur due to the usage of this equipment the hotel can charge the client, if the Hotel is not responsible for this.
12.3 The client is entitled, with the consent of the hotel, to use his own telephone, fax and data transmission facilities. The hotel may charge a connection fee.
12.4 Should ordered equipment not be used due to usage of own equipment a charge may occur for the ordered equipment.
12.5 Malfunctions by the supplied technical or other equipment will be corrected as soon as possible. Payments may not be withheld or reduced if the hotel is not responsible for this disorder.
XIII. Lost or Damaged Items
13.1 The Hotel cannot be held responsible for any items in the event locations that might be lost or damaged. The hotel does not accept the responsibility for loss, destruction or damage to any liability, including pecuniary loss, except in cases of gross negligence or wilful misconduct by the hotel. Excluded from this are injuries to Life, body or health. In addition, all cases in which are typical contractual obligations due to the circumstances of the case, are excluded from this warranty disclaimer.
13.2 Decorations brought with are required to meet the fire protection requirements. The hotel has the right, to require official proof. Should official proof not be provided the Hotel has the right to remove the decoration on the costs of the client. Due to possible damage it is requested to receive prior approval from the hotel.
13.3 Exhibit and other items must be removed immediately after the end of the event. Failure to do so will result in the Hotel removing and storing items at the cost of the client. If the items remain in the function room, the hotel may charge a reasonable compensation for the duration using the room.
XIV. Customer's Liability for damages
14.1 If the client is a a company, he is liable for all damage to the building or fixtures caused by participants or visitors, employees, other third parties or by himself.
14.2 The Hotel may require an adequate security, for example in the form of a credit card guarantee, from the client.
XV. Concluding Provisions
15.1 Changes and additions to the contract will be done in writing with the acceptance of these Terms and Conditions. Unilateral amendments and supplements by the customer are not valid.
15.2 Performance and payment as well as court disputes including cheque are governed by the commercial dept in D-78467 Konstanz. As far as a client complies with law §38 paragraph 2 ZPO and has no general court in the country the court place for disputes is D-78467 Konstanz.
15.3 German law applies. The application of UN purchasing law and the claw of conflict laws are excluded.
15.4 Should individual clauses of this General Terms and Conditions for events and groups become invalid or void, then the validity of the remaining provisions shall not be affected. Moreover, the statutory provisions shall apply at all times.
Constance, as on October 2013
ghb – ganter hotel betriebs gmbh vor the Hotel 47°
Reichenaustr. 17 I D – 78467 Konstanz