- These terms and conditions apply to contracts for the rental of conference, banqueting, and function rooms of the CENTRO HOTEL Managment GmbH (hereinafter referred to as "CENTRO HOTEL") for hosting events such as banquets, seminars, conferences, exhibitions and presentations etc. as well as all further deliveries and services provided as part thereof by CENTRO HOTEL for the customer.
- Subletting or reletting the rooms, areas or show cases as well as invitation to job interviews, sales events or similar events require the prior written consent of CENTRO HOTEL whereby § 540, para. 1 sentence 2 BGB is waived if the customer is not a consumer.
- General terms and conditions of the customer are only applied if this is exclusively agreed in writing beforehand.
II. CONCLUSION OF THE CONTRACT, CONTRACTUAL PARTNERS, LIABILITY LIMITATION
- The contract is concluded when a customer request is accepted by CENTRO HOTEL; these are the contractual partners. The booking of the function will be confirmed in writing.
- If the customer is not the host him or herself and/or if the host brings in a commercial agent or organiser, the host shall be held jointly liable together with the customer for all obligations arising from the contract, if CENTRO HOTEL provides an appropriate statement from the host.
- All claims against CENTRO HOTEL are generally time-barred within one year from the statutory start of the limitation period. Claims for damages are time-barred in five years regardless of knowledge, insofar as they are not based on a violation of life, body, health or freedom. These claims for damages are time-barred in ten years regardless of knowledge. The reductions of the statute of limitation period shall not apply for claims based on an intentional or grossly negligent breach of duty by CENTRO HOTEL. Claims of consumers in the sense of § 13 BGB are time-barred in accordance with the statutory provisions.
III. SERVICES, PRICES, PAYMENT, CHARGING
- CENTRO HOTEL is bound to provide the services ordered by the customer and promised by CENTRO HOTEL.
- The customer is obliged to pay CENTRO HOTEL's agreed and/or valid prices for this and the additional services requested. This also applies for services arranged by the customer and CENTRO HOTEL's expenses to third parties, in particular, also for bills owed by copyright collection societies. The agreed prices include the respective statutory sales tax.
- CENTRO HOTEL's invoices are to be paid upon receipt of the invoice without deduction and without due date. CENTRO HOTEL can request immediate payment of debts due at any time from the customer. In case of delayed payment, CENTRO HOTEL is entitled to claim the respectively applicable statutory interest on account of delay currently in the amount of 9% and/or in case of legal transactions involving a consumer, in the amount of 5%. CENTRO HOTEL reserves the right to provide proof of higher damages.
- Upon conclusion of the contract, CENTRO HOTEL is entitled to request from the customer an appropriate advance payment or a security deposit in the form of a credit card guarantee, debiting a credit card, a deposit or similar. The amount of the advance payment and the payment deadlines can be agreed in writing in the contract.
- In justified cases, e.g. payment arrears of the customer or extension of the scope of the contract, CENTRO HOTEL is entitled to request an advance payment or provision of security within the meaning of the above no. 4 or an increase in the advance payment or security deposit agreed upon in the contract up to the fully agreed fee. CENTRO HOTEL can request this even after conclusion of the contract up to the start of the event.
- The customer may only offset or reduce an undisputed or legally binding receivable owed by the CENTRO HOTEL against a receivable owed to the CENTRO HOTEL.
IV. WITHDRAWAL BY THE CUSTOMER (CANCELLATION, ANNULMENT)
- The customer can only cancel the contract concluded with CENTRO HOTEL if a right of withdrawal has been expressly agreed in the contract, another statutory right of withdrawal exists, or if CENTRO HOTEL expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as the eventual consent to a cancellation of the contract must each be in writing. If this doesn't happen, the agreed room rental arising from the contract as well as services arranged by third parties are also to be paid for if the customer does not use contractual services and subletting is no longer possible.
- If a deadline for the cost-free withdrawal of the contract has been agreed in writing between CENTRO HOTEL and the customer, the customer can withdraw from the contract before that point without payment or damages claims being triggered by CENTRO HOTEL. The customer's right of withdrawal expires if they do not pursue their right of withdrawal towards CENTRO HOTEL in writing before the agreed deadline.
- If the customer withdraws between 8 and 4 weeks before the date of the function, CENTRO HOTEL is entitled, to charge 35% of lost food sales in addition to the agreed rental price; any later cancellation will result in an additional 70% of the food sales.
- Food sales are calculated using the following formula: agreed menu price x number of participants. If no price was agreed upon for the menu, then the least expensive three- course meal in the currently available set of event offerings shall apply.
- If a conference or event flat rate was agreed per participant, CENTRO HOTEL is entitled to charge 60% of the conference or event flat rate x the agreed number of participants in case of withdrawal between 8 and 4 weeks before the date of the function. This figure will be 85% in case of later withdrawal.
- The deduction of saved expenses is taken into account through nos. 3 to 5. The customer is free to prove that the above-mentioned claim was not made or was not made in the required amount.
V. WITHDRAWAL BY THE HOTEL
- If it is agreed in writing that the customer can withdraw free of costs from the contract within a particular deadline, CENTRO HOTEL is entitled to withdraw from the contract within this period if other customers enquire about the contractually booked function rooms and the customer does not waive their right to withdrawal upon query by CENTRO HOTEL.
- If an advance payment or security deposit which is agreed or requested according to paragraph III.4 and/or III.5 is not provided after a reasonable grace period set by CENTRO HOTEL has elapsed, then CENTRO HOTEL is also entitled to withdraw from the contract.
- In addition, CENTRO HOTEL is entitled to withdraw from the contract exceptionally for factually justified reasons, for example in case of
- force majeure or circumstances for which FOUSIDE is not responsible and which make the fulfilment of the contract impossible;
- events or rooms having been culpably booked under erroneous or false contractually important information, e.g. the person who is the customer or the purpose of the event;
- CENTRO HOTEL having reasonable grounds to assume that the event can endanger the smooth running of business operations, safety or the reputation of CENTRO HOTEL among the general public without this being attributed to CENTRO HOTEL's sphere of control or organisation;
- the purpose and/or the reason for the event being illegal; paragraph I.2 having been breached.
4. In case of authorised withdrawal by CENTRO HOTEL, the customer shall not be entitled to claim damages.
VI. CHANGES IN NUMBER OF PARTICIPANTS AND TIME OF FUNCTION
- CENTRO HOTEL must be made aware of a change of more than 5% in the number of participants five working days before the start of the function at the latest; such a change requires CENTRO HOTEL's written agreement.
- If the customer reduces the number of participants by up to 5%, this will be acknowledged by CENTRO HOTEL when billing. In case of a change greater than 5%, the originally agreed number of participants minus 5% will be used. The customer has the right to reduce the agreed price by the expenditure saved - proved by the customer - due to a lower number of participants.
- In case of variation as per above, the actual number of participants will be charged.
- In case the number of participants deviates by more than 10%, CENTRO HOTEL is entitled to set a new price and exchange the booked rooms, unless this is unreasonable to the customer.
- If the agreed start or end times of the function change and if CENTRO HOTEL agrees to these changes, CENTRO HOTEL can charge as appropriate for the additional willingness to provide a service, unless CENTRO HOTEL is at fault.
VII. BRINGING FOOD AND DRINK
The customer is not allowed to bring food and drink to events. Exceptions to this need written agreement from CENTRO HOTEL. In these cases, a contribution to cover the overhead costs will be calculated.
VIII. TECHNICAL FITTINGS AND CONNECTIONS
- If CENTRO HOTEL supplies technical and other facilities or equipment from third parties for the customer at their request, it does so in the name of, on the authorisation of, and on the account of the customer. The customer is liable for the careful handling and proper return of such facilities and equipment. The customer indemnifies CENTRO HOTEL from all third-party claims arising from the provision of this equipment.
- The use of the customer's electrical systems using CENTRO HOTEL's power supply requires written consent. If the use of this equipment results in malfunctions or damage to the technical installations of CENTRO HOTEL, this will be charged to the customer as long as CENTRO HOTEL is not responsible. CENTRO HOTEL is entitled to determine and calculate a flat rate for electricity costs arising from the usage of their technical installations.
- The customer is, with the consent of CENTRO HOTEL, entitled to use their own telephone, fax and data transfer equipment. CENTRO HOTEL can charge a connection fee for this.
- If the customer connecting their own systems results in appropriate CENTRO HOTEL systems being unused, a compensation fee may be calculated.
- Disruption to technical or other equipment provided by CENTRO HOTEL must be corrected immediately as far as possible. Payments may not be withheld or reduced, as long as CENTRO HOTEL is not responsible for these faults.
IX. LIABILITY OF THE HOTEL/ LOSS OF OR DAMAGE TO CUSTOMER'S PROPERTY
- CENTRO HOTEL is liable for its obligations arising from the contract. Claims of the customer for damages are excluded. Exceptions to this are damages arising from injuries to life, limb or health in cases where CENTRO HOTEL is responsible for a violation of duty as well as any other damage arising from a deliberate or grossly negligent violation of duty committed by CENTRO HOTEL and damages arising from a deliberate or negligent breach of typical contract duties by CENTRO HOTEL. A violation of duty by CENTRO HOTEL is equivalent to a violation of duty by a legal representative or a vicarious agent. If there are disruptions or defects in CENTRO HOTEL's services, CENTRO HOTEL will endeavour to remedy the situation as soon as it becomes aware of the disruption or defect, or upon immediate reprimand by the customer. The customer is obliged to contribute to a reasonable degree to correct the disruption and to keep possible damage to a minimum. The customer is also obliged to inform CENTRO HOTEL in good time of the possibility of the emergence of extremely high damages.
- Bringing exhibition items or other personal items into the function rooms or the hotel is at the risk of the customer. CENTRO HOTEL assumes no liability for loss, destruction or damage, even for pecuniary damages, except in cases of gross negligence or intent on the part of CENTRO HOTEL. Exceptions to this are damages from injury to life, body and health. In addition, all cases in which safe-keeping presents a contract-typical obligation due to the circumstances of the individual case are excluded from this exemption from liability.
- Decorations brought in must conform to fire protection requirements. CENTRO HOTEL is entitled to request official evidence of this. If such proof is not provided, CENTRO HOTEL is entitled to remove materials already brought in at the cost of the customer. Due to the possibility of damage, the installation and fitting of goods must be agreed with CENTRO HOTEL in advance.
- Exhibition items and other items brought in must be removed immediately at the end of the event. If the customer fails to do so, CENTRO HOTEL can remove and store the items at the customer's expense and without prior notification. If the items remain in the function room, CENTRO HOTEL can calculate appropriate compensation for use for the length of time they remain there. The customer is free to prove that the above-mentioned claim was not made or was not made in the required amount.
- The photos shown on the website and in brochures are of an indicative nature only and are for illustration purposes. They provide no guarantee as to the condition of the rooms booked by customers. Even if all efforts have been made to ensure that photographs, graphical representations and reproduced texts designed to illustrate CENTRO HOTEL provide as accurate an impression as possible of the accommodation offered, differences may arise between the rooms booked and those illustrated, in particular due to the large number of rooms, changes to fixtures and fittings or any renovation work carried out. Complaints from guests in this regard are not justified.
- CENTRO HOTEL cannot be held liable for the non-completion or poor completion of bookings in the event of force majeure or caused by the actions of third parties, the guest or the partner thereof, including non-availability of the Internet, restricted access to the website, external interventions, viruses or non-authorised advance payment on the part of the remitting bank
X.CUSTOMER LIABILITY FOR DAMAGE
- If the customer is an entrepreneur, they are liable for all damage to buildings or fixtures caused by function participants and/or visitors, employees, other associated third parties or the customer him or herself. The statutory liability regulations apply for consumers.
- CENTRO HOTEL can request the status of appropriate securities from the customer (e.g. insurance, sureties, and bonds).
XI. FINAL PROVISIONS
- Changes and addenda to this contract, the acceptance proposal, or these general terms and conditions must be in writing. Unilateral changes or addenda by the customer are invalid.
- The place of fulfilment and payment is the location of CENTRO HOTEL.
- The exclusive court of jurisdiction for commercial transactions - also for disputes involving cheques and bills of exchange - is Hamburg. If a contractual partner fulfils the requirements of § 38 paragraph 2 ZPO and has no general place of jurisdiction in Germany, Hamburg is the place of jurisdiction.
- German law applies. The application of UN Convention of the International Sale of Goods and Conflict Law and the conflict of laws is excluded.
- If individual conditions of these General Terms and Conditions for Events are unenforceable or void, the enforceability of the remaining conditions is unaffected. In other respects, statutory provisions apply.