General Terms and Conditions for Events

SCOPE OF APPLICATION

1.1 These terms and conditions govern contracts for the rental of conference, banquet and event rooms at the hotel for events such as banquets, seminars, conferences, exhibitions and presentations. They also cover all additional services and deliveries provided by the hotel in connection with these events.

1.2 The rental or transfer of the rooms, areas or display cases provided, as well as invitations to job interviews, sales or similar events, require the prior written consent of the hotel. This provision does not apply if the customer is not a consumer and § 540 (1) sentence 2 BGB is waived.

1.3 The customer's terms and conditions are only valid if they have been expressly agreed in advance.

CONCLUSION OF CONTRACT, CONTRACTUAL PARTNERS, LIABILITY, STATUTE OF LIMITATIONS

2.1 The contract between the hotel and the customer is concluded when the hotel accepts the customer's application. The hotel is free to confirm acceptance in writing.

2.2 The hotel shall be liable for damage to life, limb or health caused by its fault. It shall also be liable for damage resulting from intentional or grossly negligent breach of duty by the hotel, as well as for breaches of contractual obligations. The breach of duty by a legal representative or vicarious agent of the hotel shall be treated in the same way. Further claims for damages are excluded, unless otherwise stipulated. Should problems or defects arise in the hotel's services, the hotel shall endeavour to remedy them after becoming aware of them or after the customer has immediately complained. The customer is obliged to take reasonable measures to remedy the disruption and minimise any possible damage. In addition, the customer is obliged to inform the hotel in good time of the possibility of exceptionally high damage.

2.3 All claims against the hotel generally become time-barred within one year of the start of the statutory limitation period, unless they are claims for damages or claims based on intentional or grossly negligent breach of duty by the hotel.

SERVICES, PRICES, PAYMENT, SET-OFF

3.1 The hotel must provide the agreed services ordered by the customer.

3.2 The customer must pay the agreed or applicable prices of the hotel for the services used. This also applies to services ordered by the customer directly or through the hotel and provided by third parties, which are paid for by the hotel. This includes, in particular, claims by copyright collection societies.

3.3 The agreed prices include the taxes and local charges applicable at the time of conclusion of the contract. Local charges that are payable by the guest in accordance with the respective municipal law, such as visitor's tax, are not included. If the statutory value added tax changes or local charges on the subject matter of the service are introduced, changed or abolished after conclusion of the contract, the prices will be adjusted accordingly. This adjustment shall only apply to contracts with consumers if the period between the conclusion of the contract and the performance of the contract exceeds four months.

3.4 The hotel's invoices are payable immediately upon receipt without deduction. In the event of default of payment by the customer, the statutory provisions shall apply. Unless otherwise agreed, payment on account must be made within 10 days of receipt of the invoice without deduction.

3.5 Upon conclusion of the contract, the hotel may require the customer to make a reasonable advance payment or provide security in the form of a credit card, for example in the form of a credit card guarantee. The amount and payment dates of the advance payment may be specified in writing in the contract. The statutory provisions apply to advance payments and security deposits in connection with package tours. In the event of default of payment on the part of the customer, the statutory provisions shall apply.

3.6 In certain situations, such as a payment arrears on the part of the customer or an extension of the scope of the contract, the hotel may, even after conclusion of the contract and up to the start of the stay, increase the advance payment or security deposit within the meaning of section 3.5 above to the full amount of the remuneration.

3.7 The customer may only offset or set off an undisputed or legally binding claim against a claim by the hotel.

CANCELLATION BY THE CUSTOMER (CANCELLATION, WITHDRAWAL)

4.1 The customer may only withdraw from the contract if this is expressly provided for in the contract, if there is a statutory right of withdrawal, or if the hotel expressly agrees to the cancellation of the contract. Rights of withdrawal and contract cancellations must be agreed in writing.

4.2 If a free cancellation date has been agreed, the customer may withdraw from the contract until that date without the hotel being entitled to claim payment or compensation. The customer's right of withdrawal expires if he does not exercise it by the agreed date.

4.3 If no right of withdrawal has been agreed or if this has already expired and the hotel does not agree to a cancellation of the contract, the hotel retains the right to the agreed remuneration, even if the service has not been used. The hotel will take into account the income from renting the rooms to other parties and the expenses saved. The expenses saved can be calculated on a flat-rate basis in accordance with the relevant sections. The customer is free to prove that the claim did not arise or did not arise in the amount claimed. The hotel is free to prove that a higher claim has arisen.

4.4 If the customer withdraws between the 8th and 4th week before the event date, the hotel may charge 35% of the lost food sales in addition to the agreed rental price. In the event of cancellation at a later date, this amount shall be 70% of the food sales.

4.5 Food sales shall be calculated by multiplying the agreed menu price by the number of participants. If no price has been set for the menu, the price of the cheapest comparable menu shall be used.

4.6 If a conference flat rate per participant has been agreed, the hotel is entitled to charge 60% of the conference flat rate x agreed number of participants for cancellations between the 8th and 4th week before the event date, and 85% for later cancellations.

CANCELLATION BY THE HOTEL

5.1 The hotel reserves the right to withdraw from the contract if it can withdraw free of charge within an agreed period and other customers show interest in the booked event rooms. The hotel may also withdraw from the contract if an agreed advance payment or security deposit is not made on time, despite a reasonable grace period on the part of the hotel.

5.2 If the agreed or requested advance payment or security deposit in accordance with Section 3.6 and/or Section 3.7 is not made even after the expiry of a reasonable period set by the hotel, the hotel reserves the right to withdraw from the contract.

5.3 The hotel's justified withdrawal from the contract shall not entitle the customer to claim damages if the hotel withdraws from the contract for objectively justified reasons. This may occur, among other things, if force majeure or other circumstances beyond the hotel's control make it impossible to fulfil the contract. Events or rooms are booked under misleading or false information, the hotel has justified reason to believe that the event may jeopardise the smooth running of the business, the safety or the reputation of the hotel. The purpose or occasion of the event is unlawful or there is a violation of previously specified conditions.

5.4 The customer shall not be entitled to compensation in the event of justified withdrawal by the hotel.

CHANGES TO THE NUMBER OF PARTICIPANTS AND THE EVENT TIME

6.1 An increase in the number of participants by more than 5% must be notified to the hotel in writing at least five working days before the start of the event and requires the hotel's consent. Billing is based on the actual number of participants, but at least 95% of the agreed higher number of participants.

6.2 A reduction in the number of participants by more than 5% must be notified to the hotel in writing in good time, at the latest five working days before the start of the event. Invoicing shall be based on the actual number of participants, but at least 95% of the originally agreed number of participants. The provision in paragraph 6.1 shall apply accordingly.

6.3 If the number of participants is reduced by more than 10%, the hotel may exchange the confirmed rooms, taking into account any differences in room rental costs, unless this would be unreasonable for the customer.

6.4 If the agreed start or end times of the event are changed and the hotel agrees to these changes, the hotel may charge for the additional service at a reasonable rate, unless the hotel is responsible for the change.

BRINGING FOOD AND BEVERAGES

7.1 Food and beverages may not be brought to events unless an agreement has been made with the hotel. In such cases, a fee will be charged to cover overhead costs.

TECHNICAL EQUIPMENT AND CONNECTIONS

8.1 If the hotel procures technical or other equipment from third parties at the customer's request, this is done on behalf of, with the authority of and at the expense of the customer. The customer is responsible for the careful use and proper return of this equipment. In addition, the customer indemnifies the hotel against any claims by third parties in connection with the use of this equipment.

8.2 The hotel's consent is required in order to use the customer's own electrical equipment on the hotel's power supply. Any malfunctions or damage to the hotel's technical equipment caused by the use of this equipment shall be borne by the customer, unless the hotel is responsible. The electricity costs incurred through the use of the customer's own electrical equipment may be recorded and charged by the hotel at a flat rate.

8.3 The customer may use their own telephone, fax and data transmission equipment with the hotel's permission. The hotel may charge a connection fee for this.

8.4 If the use of the customer's own equipment results in suitable hotel facilities remaining unused, a compensation fee may be charged.

8.5 Faults in the technical or other equipment provided by the hotel will be rectified as quickly as possible. Payments may be withheld or reduced if the hotel is not responsible for these faults.

LOSS OR DAMAGE TO ITEMS BROUGHT ALONG

9.1 The customer's personal belongings brought into the event rooms or the hotel are at their own risk. The hotel is not liable for the loss, damage or destruction of these items, unless it is due to gross negligence or intent on the part of the hotel. This does not apply to damage resulting from injury to life, limb or health. In addition, cases in which the safekeeping of the items constitutes a contractual obligation are excluded from this exclusion of liability.

9.2 Any decorative material brought to the premises must comply with fire safety requirements. The hotel may request official proof of this. If no such proof is provided, the hotel reserves the right to remove any material already in place at the customer's expense. Before setting up and installing items, consultation with the hotel should take place in order to avoid possible damage.

9.3 After the event has ended, exhibition items or other items brought along must be removed immediately. If the customer fails to do so, the hotel reserves the right to remove and store them at the customer's expense. If the items remain in the event room, the hotel may charge reasonable compensation for use for the duration of the retention of the room.

LIABILITY OF THE CUSTOMER

10.1 As an entrepreneur, the customer is responsible for all damage to the building or inventory caused by event participants/visitors/employees or third parties from their area or by themselves.

10.2 The hotel reserves the right to demand reasonable security from the customer in the form of a credit card guarantee or similar.

FINAL PROVISIONS

11.1 Amendments and additions to the contract, the acceptance of the offer or these General Terms and Conditions must be made in writing. Unilateral amendments or additions by the customer are not valid.

11.2 The place of performance and payment as well as the exclusive place of jurisdiction for all disputes, including cheque and bill of exchange disputes, in commercial transactions is Osnabrück. If a contractual partner fulfils the requirements of Section 38 (2) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, Osnabrück shall be the place of jurisdiction.

11.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and conflict of laws provisions is excluded.

11.4 If individual provisions of these General Terms and Conditions for Events are or become invalid or void, this shall not affect the validity of the remaining provisions. The statutory provisions shall remain in force