General Terms and Conditions (AGB)
On this page you will find the general terms and conditions of HENRI Hotels.
- General Terms and Conditions for the Hotel Accommodation Contract
- General Terms and Conditions for Events at HENRI Hotels
General Terms and Conditions for the Hotel Accommodation Contract
I. SCOPE OF APPLICABILITY
1.1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation purposes, as well as all other services and deliveries provided by the hotel for the customer.
1.2. The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior written consent of the hotel, whereby § 540 para. 1 sentence 2 BGB is waived insofar as the customer is not a consumer. 1.3. 1 sentence 2 BGB is waived insofar as the customer is not a consumer.
1.3. the customer's terms and conditions shall only apply if this has been expressly agreed in writing in advance.
II. CONCLUSION OF CONTRACT, PARTNERS; LIMITATION OF PERIOD 2.1. the contract is concluded upon acceptance of the customer's application by the hotel. The hotel is at liberty to confirm the room booking in writing.
2.2. The contracting parties are the hotel and the customer. If a third party has ordered on behalf of the customer, he shall be liable to the hotel together with the customer as joint and several debtor for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
2.3. all claims against the hotel shall generally become time-barred one year after the commencement of the regular limitation period of § 199 para. 1 BGB (German Civil Code), which is dependent on knowledge. Claims for damages shall become statute-barred after five years, irrespective of knowledge. The shortening of the limitation period does not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
III. SERVICES, PRICES, PAYMENT, INVOICING
3.1 The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services. 2. 3.2. the customer is obliged to pay the hotel's applicable or agreed prices for the provision of the room and the other services used by him. This also applies to services and expenses of the hotel to third parties arranged by the customer.
3.3 The agreed prices include the respective statutory value added tax. If the period between conclusion and fulfilment of the contract exceeds four months and if the price generally charged by the hotel for such services increases, the hotel may raise the contractually agreed price appropriately. The same applies if the hotel incurs additional costs due to official orders for special protection and hygiene requirements, also for the safety of the guest.
3.4. The prices may also be changed by the hotel if the customer subsequently requests changes to the number of rooms booked, the hotel's services or the length of stay of the guests and the hotel agrees to this.
3.5. Invoices of the hotel without a due date are payable within 10 days of receipt of the invoice without deduction. The hotel is entitled to declare accrued receivables due at any time and to demand immediate payment. 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 prove higher damages.
3.6. The hotel is entitled to demand an appropriate advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package holidays. The amount of the advance payment and the payment dates may be agreed in writing in the contract. 3.7. the customer may only offset or reduce a claim of the hotel with an undisputed or legally binding claim.
IV. WITHDRAWAL BY THE CUSTOMER (I. E. CANCELLATION)/NON-ACCEPTANCE OF THE HOTEL'S SERVICES
4.1. Withdrawal by the customer from the contract concluded with the hotel requires the hotel's written consent. If this is not given, the agreed price from the contract must be paid even if the customer does not utilise contractual services. This shall not apply in the event of a breach of the hotel's obligation to take into account the rights, legal interests and interests of the customer, if the customer can no longer reasonably be expected to adhere to the contract as a result or is otherwise entitled to a statutory or contractual right of cancellation.
4.2. If a date for free cancellation of the contract has been agreed in writing between the hotel and the customer, the customer may cancel the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer's right of cancellation shall expire if he does not exercise his right of cancellation in writing vis-à-vis the hotel by the agreed date, unless a case of cancellation by the customer pursuant to No. 1 sentence 3 exists.
4.3. In the case of rooms not used by the customer, the hotel shall offset the income from renting the rooms to other parties and the expenses saved. 4.4. the hotel is free to demand the contractually agreed remuneration and to make a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay at least 90 % of the contractually agreed price for overnight accommodation with or without breakfast, 70 % for half-board and 60 % for full-board arrangements. The customer is free to prove that the above-mentioned claim did not arise or did not arise in the required amount.
4.5 Cancellation of group and contingent reservations: Group size 5-7 rooms:
a) for cancellations up to 14 days before arrival, 100% of the booked contingent can be returned free of charge.
b) for cancellations up to 3 days before arrival, 2 rooms can be returned free of charge.
Group size 8-15 rooms:
a) for cancellations up to 30 days before arrival, 100% of the booked contingent can be returned free of charge.
b) For cancellations up to 14 days before arrival, 50% of the booked contingent can be returned free of charge.
c) For cancellations up to 3 days before arrival, 2 rooms can be returned free of charge.
Group size 16-25 rooms:
a) For cancellations up to 45 days before arrival, 100 % of the rooms can be returned free of charge.
b) For cancellations up to 21 days before arrival, 50 % of the rooms can be returned free of charge.
c) For cancellations up to 3 days before arrival, 2 rooms can be returned free of charge.
Group size from 26 rooms:
a) For cancellations up to 60 days before arrival, 100 % of the rooms can be returned free of charge.
b) For cancellations up to 30 days before arrival, 50 % of the rooms can be returned free of charge.
c) For cancellations up to 3 days before arrival, 2 rooms can be returned free of charge.
V. CANCELLATION BY THE HOTEL
5.1 If the customer's right to cancel free of charge within a certain period has been agreed in writing, the hotel is entitled to cancel the contract during this period if there are enquiries from other customers for the contractually booked rooms and the customer does not waive his right of cancellation upon enquiry by the hotel.
5.2. If an agreed advance payment or an advance payment demanded in accordance with Clause III No. 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.
5.3. Furthermore, the hotel is entitled to extraordinary cancellation of the contract for objectively justified reasons, for example if
- force majeure or other circumstances for which the hotel is not responsible, e.g. official closure orders, make it impossible to fulfil the contract;
- rooms are booked under misleading or false statements of material facts, e.g. in the person of the customer or the purpose;
- the hotel has justified cause to believe that the use of the hotel's services may jeopardise the smooth operation of the business, safety, including health hazards, or the reputation of the hotel in public, without this being attributable to the hotel's sphere of control or organisation;
- there is a breach of Clause I No. 2 above.
5.4. In the event of justified cancellation by the hotel, the customer shall not be entitled to claim damages.
VI. ROOM PROVISION, RETURN AND RETIREMENT
6.1. The customer does not acquire any claim to the provision of specific rooms.
6.2. Booked rooms are available to the customer from 3:00 p.m. on the agreed day of arrival. The customer is not entitled to earlier availability.
6.3. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 12:00 noon 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 6.00 p.m., and 100% from 6.00 p.m. onwards. This shall not give rise to any contractual claims on the part of the customer. He is free to prove that the hotel has no or a significantly lower claim to a usage fee.
6.4. The guest is obliged to fill out a registration form.
6.5. The guest is obliged to comply with the house rules applicable in the hotel. The hotel reserves the right to terminate the contract without notice in the event of violations of the house rules. In the event of cancellation, the hotel's claim to remuneration shall remain in full. Any expenses saved shall be offset against the claim for remuneration.
VII. SMOKING
Smoking is prohibited throughout the hotel. The guest of the respective room is responsible for ensuring that this prohibition is also observed by third parties. Should the guest violate this, the hotel is entitled to charge the guest a special cleaning fee of €200.00. The same applies if third parties smoke in the room with the knowledge or in negligent ignorance of the guest. The guest is entitled to prove that no damage or less damage has occurred. The smoke detectors are highly sensitive special smoke detectors that register both cigarettes and tobacco smoke and immediately trigger an alarm. In the event of an alarm caused by smoke, all costs for evacuation, fire brigade deployment and consequential costs will be charged to the person responsible.
VIII. PETS
Animals may be brought in by prior arrangement. Additional charges apply. For reasons of hygiene, pets are not permitted in the restaurant.
IX. EVENTS & MEETINGS
9.1 Cancellation deadlines:
a) Cancellation of the conference room/conference suite is possible free of charge up to 7 days before the event.
b) For cancellations up to 1 day before the event date, 50% of the agreed room rental fee is due.
c) In the event of cancellation from 1 day before the date of the event, 90% of the agreed total amount shall be due.
9.2. For agreed food and beverage orders, the organiser must provide the hotel with the exact number of participants at least 3 working days before the start of the event. This number is considered guaranteed and will be invoiced.
9.3. Bringing food and drinks is only possible in consultation with the hotel and upon payment of the usual service costs/corking fee.
X. LIABILITY OF THE HOTEL
10.1 The hotel is liable for its obligations under the contract with the diligence of a prudent businessman. Claims of the customer for damages are excluded. Excluded from this are damages resulting from injury to life, limb or health if the hotel is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by the hotel and damages based on an intentional or 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. Should disruptions or defects in the hotel's services occur, the hotel shall endeavour 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 minimise any possible damage.
10.2. The hotel is liable to the customer for property brought into the hotel in accordance with the statutory provisions, i.e. up to one hundred times the room rate, up to a maximum of €25,000. Money, securities and valuables up to a maximum value of €100,000 may be deposited in the hotel safe. The hotel recommends that guests make use of this option. Liability claims expire if the customer does not notify the hotel immediately after becoming aware of the loss, destruction or damage (§ 703 BGB). The above number 1 sentences 2 to 4 apply accordingly to any further liability of the hotel.
10.3. If the customer is provided with a parking space in the hotel garage or in a hotel car park, 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 manoeuvred on the hotel property and their contents, except in cases of intent or gross negligence. The above number 1 sentences 2 to 4 apply accordingly.
10.4. Messages, post and consignments of goods for guests are handled with care. The hotel will deliver, store and - on request - forward them for a fee. The above number 1 sentences 2 to 4 apply accordingly.
XI. CUSTOMER'S LIABILITY
If the organiser is an entrepreneur, he is liable for all damage to buildings or inventory caused by event participants or visitors, employees, other third parties from his area or himself.
XII. FINAL PROVISIONS
12.1. Amendments or additions to the contract, the acceptance of the application or these terms and conditions for hotel accommodation should be made in writing. Unilateral amendments or additions by the customer are invalid.
12.2. The place of fulfilment and payment is the registered office of the hotel.
12.3. The exclusive place of jurisdiction - also for disputes relating to cheques and bills of exchange - in commercial transactions is the registered office of the hotel. If a contractual partner fulfils the requirements of § 38 para. 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.
12.4 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.
12.5. Should individual provisions of these General Terms and Conditions for Hotel Accommodation 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.
General Terms and Conditions for Events at HENRI Hotels
I. SCOPE OF APPLICABILITY
1.1 These Terms and Conditions apply to contracts for the rental of conference, banqueting and event rooms of the HENRI Hotel for the organisation of events such as banquets, seminars, conferences, exhibitions and presentations etc. as well as to all other related services and deliveries of the HENRI Hotel. These terms and conditions are subsidiary to individual contractual agreements between the parties.
1.2. 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 written consent of the HENRI Hotel, whereby § 540 para. 1 sentence 2 BGB is waived insofar as the organiser is not a consumer.
1.3. The organiser's terms and conditions shall only apply if this has been expressly agreed in writing in advance.
II. CONCLUSION OF CONTRACT, PARTNERS, LIABILITY, LIMITATION
2.1. the contract is concluded by the acceptance of the application (confirmation) of the customer/purchaser; the latter is the contractual partner. 2. 2.2. if the customer/orderer is not the organiser himself or if a commercial agent or organiser is engaged by the organiser, the latter shall be jointly and severally liable with the organiser for all obligations arising from the contract, provided that HENRI Hotel has received a corresponding declaration from the organiser.
2.3. HENRI Hotel shall be liable for its obligations under the contract with the diligence of a prudent businessman. Claims by the Organiser for damages are excluded. Excluded from this are damages resulting from injury to life, body or health if the HENRI Hotel is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by the HENRI Hotel and damages based on an intentional or negligent breach of duties typical for the contract by the HENRI Hotel. A breach of duty by a legal representative or vicarious agent shall be deemed equivalent to a breach of duty by the HENRI Hotel. Should disruptions or defects occur in the services of the HENRI Hotel, the HENRI Hotel shall endeavour to remedy such upon knowledge thereof or upon immediate complaint by the Organiser. The Organiser shall be obliged to make reasonable efforts to remedy the disruption and minimise any possible damage. In addition, the Organiser is obliged to inform the HENRI Hotel in good time of the possibility of the occurrence of exceptionally high damages.
2.4. All claims against the HENRI Hotel shall generally become time-barred one year after the statutory limitation period begins. Claims for damages shall become statute-barred after five years, irrespective 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 HENRI Hotel.
2.5. In the case of other damages, the liability of the HENRI Hotel is furthermore limited for each individual case of damage and all cases of damage arising from and in connection with the contractual services to a maximum amount of € 3,000,000.00 for personal injury and property damage and to a maximum of € 100,000.00 for financial losses. The limitation and exclusion of liability shall not apply if the other damages are based on an intentional or grossly negligent breach of duty by HENRI Hotel, its legal representatives or executives. 2.6. the HENRI Hotel shall be liable to the Contractual Partner for items brought into the hotel in accordance with the statutory provisions, i.e. up to one hundred times the accommodation price, but not exceeding € 3,500.00. Liability for valuables (cash, jewellery, etc.) is limited to € 800.00. Money and valuables stored in the hotel safe are insured up to a maximum value of € 25,600.00. The HENRI Hotel recommends making use of this option. Liability claims shall lapse if the Contractual Partner does not notify the HENRI Hotel immediately after becoming aware of the loss, destruction or damage.
2.7. If the Contractual Partner is provided with a parking space in the garage or car park of the HENRI Hotel, even for a fee, this shall not constitute a safekeeping agreement. The HENRI Hotel shall have no duty of supervision. The HENRI Hotel shall not be liable for loss of or damage to motor vehicles parked or manoeuvred on the HENRI Hotel's property and their contents, unless the HENRI Hotel is responsible for intent or gross negligence. This also applies to vicarious agents of the HENRI Hotel. The damage must be claimed against the HENRI Hotel at the latest when leaving the property. 2.8. wake-up calls are carried out by the HENRI Hotel with the utmost care. Claims for damages, except for gross negligence or intent, are excluded.
2.9. Messages, mail and consignments of goods for the contractual partner and the participants of the event will be handled with care. The HENRI Hotel shall be responsible for the delivery, storage and - on request - forwarding of the same for a fee, as well as for lost property on request. Claims for damages, except for gross negligence or intent, are excluded. The HENRI Hotel is entitled to hand over the aforementioned items to the local lost property office after a storage period of one month at the latest and to charge a reasonable fee.
2.10. The guest is obliged to comply with the house rules applicable in the hotel. The hotel reserves the right to terminate the contract without notice in the event of breaches of the house rules. In the event of cancellation, the hotel's claim to remuneration shall remain in full. Any expenses saved shall be offset against the claim for remuneration.
III. SERVICES, PRICES, PAYMENT, INVOICING
3.1. The HENRI Hotel is obliged to provide the services ordered by the Organiser and promised by the Resort.
3.2. The Organiser is obliged to pay the agreed or customary prices of the HENRI Hotel for these and other services used. This shall also apply to services and expenses of the HENRI Hotel to third parties arranged by the Organiser, in particular also to claims of copyright collecting societies. In addition, the Contractual Partner shall be liable for the payment of all food and beverages ordered by the event participants as well as other costs incurred by the event participants. This also applies if guests have been booked as "self-payers". 3.3. the agreed prices include the respective statutory value added tax. If the period between the conclusion of the contract and the event exceeds four months and the price generally charged by HENRI Hotel for such services increases, the contractually agreed price may be increased appropriately, but by no more than 5%. The same applies if the hotel incurs additional costs due to official orders for special protection and hygiene requirements, also for the safety of the guest.
3.4. Invoices of the HENRI Hotel without a due date are payable without deduction within 10 days of receipt of the invoice. The HENRI Hotel is entitled to declare accrued receivables due at any time and to demand immediate payment. In the event of late payment, the HENRI Hotel shall be 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 HENRI Hotel reserves the right to prove higher damages.
3.5. The HENRI Hotel is entitled to demand a reasonable advance payment at any time. The amount of the advance payment and the payment dates may be agreed in writing in the contract.
3.6. The Organiser may only offset or reduce a claim of the HENRI Hotel with an undisputed or legally binding claim.
IV. ARRIVAL AND DEPARTURE
4.1. The Contractual Partner shall not acquire any claim to the provision of specific rooms, areas and premises, unless the HENRI Hotel has confirmed the provision of specific rooms, areas and premises in writing.
4.2. Booked rooms shall be available to the Contractual Partner from 3:00 p.m. on the agreed day of arrival. The Contractual Partner shall not be entitled to earlier availability unless this has been agreed in writing with HENRI Hotel.
4.3. Booked rooms must be occupied by the Contractual Partner or the relevant event participants by 6:00 p.m. on the agreed day of arrival at the latest. Unless a later arrival time has been expressly agreed, the HENRI Hotel shall have the right to allocate booked rooms to other parties after 6.00 p.m. without the Contractual Partner being able to derive any claims for compensation from this. In this respect, the HENRI Hotel shall have a right of cancellation.
4.4. On the agreed day of departure, the rooms must be vacated and made available to the HENRI Hotel by 11:00 a.m. at the latest. After this time, the HENRI Hotel may charge the daily room rate for the additional use of the room until 6.00 p.m., and 100% of the full valid accommodation rate from 6.00 p.m. onwards, in addition to any damages incurred by the HENRI Hotel as a result. The guest is at liberty to prove to the HENRI Hotel that it has incurred no or significantly lower damages.
V. CANCELLATION BY THE ORGANISER (CANCELLATION, CANCELLATION)
5.1. The following scale applies to the complete cancellation or non-use of hotel services:
- up to 8 weeks before arrival, cancellation is free of charge,
- up to 4 weeks before arrival, 60% of the contract value will be charged,
- up to 2 weeks before arrival, 70% of the contract value will be charged,
- up to 1 week before arrival, 80% of the contract value will be charged,
- less than 7 days before arrival, 90% of the contract value will be charged.
Cancellation of the contract concluded with the HENRI Hotel by the Organiser free of charge requires the written consent of the HENRI Hotel. If this is not given, the agreed rent/logis for event rooms and booked rooms from the contract as well as services arranged with third parties must be paid in any case, even if the organiser does not make use of contractual services and re-letting is no longer possible. This shall not apply in the event of a breach of the HENRI Hotel's obligation to take into account the rights, legal interests and interests of the Organiser if the Organiser can no longer reasonably be expected to adhere to the contract as a result or is entitled to any other statutory or contractual right of withdrawal.
5.2. If a date for withdrawal from the contract free of charge has been agreed in writing between the HENRI Hotel and the Organiser, the Organiser may withdraw from the contract up to that date without triggering payment or compensation claims by the HENRI Hotel. The Organiser's right of withdrawal shall expire if he does not exercise his right of withdrawal in writing vis-à-vis the HENRI Hotel by the agreed date, unless a case pursuant to number 1 sentence 3 exists.
5.3: Menu price plus drinks x number of participants. If no price has yet been agreed for the menu, the cheapest 3-course menu of the respective valid event offer shall be used as a basis. Drinks shall be charged at one third of the menu price.
5.4. The deduction of saved expenses is taken into account in points 1 to 3. The organiser is at liberty to prove that the above-mentioned claim did not arise or did not arise in the amount claimed. The Organiser reserves the right to provide evidence of lower damages; the HENRI Hotel reserves the right to provide evidence of higher damages.
VI. CHANGE/PARTIAL RETURN OF ROOM CAPACITIES IN THE CON TEXTOF THE EVENT
6.1. The HENRI Hotel grants the Organiser the option of returning parts of the contingent reserved by the Organiser within the following deadlines without any compensation or cancellation costs being charged.
- up to 6 weeks before arrival: 15 % of the contractually agreed number of rooms
- up to 2 weeks before arrival: 10 % of the contractually agreed number of rooms
- less than 2 weeks and up to 7 days before arrival: 5 % of the contractually agreed number of rooms (minimum 1 room)
The basis for the aforementioned percentage reductions is always the first signed contract. If the organiser returns a higher contingent than that stated at the time in question, the HENRI Hotel shall be entitled to invoice the cancelled rooms in excess of 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 IN THE NUMBER OF PARTICIPANTS AND THE TIME OF THE EVENT
7.1. HENRI Hotel shall grant the Organiser the option of returning the number of participants, booked areas and rooms reserved by it within the following deadlines, without any compensation or cancellation costs being charged.
- up to 6 weeks before arrival: 20 % of the contractually agreed event service
- up to 2 weeks before arrival: 10 % of the contractually agreed event service
- less than 2 weeks and up to 7 working days before arrival: 5 % of the contractually agreed event service
The HENRI Hotel must be notified of any change in the number of participants no later than seven working days before the start of the event; this requires the written consent of the HENRI Hotel. The basis for the stated percentage reductions is generally the first signed contract. From 7 working days before the start of the event, a reduction free of charge is no longer possible; the agreed services will be charged at 100%. The calculation of lost food and beverage sales is based on the formula Menu price plus drinks × number of participants. If no price has yet been agreed for the menu, the cheapest 3-course menu of the respective valid event offer shall be used as a basis. Drinks shall be charged at one third of the menu price.
7.2. In the event of an upward deviation, the actual number of participants shall be charged. An increase in the number of participants by more than 5% must be notified to the HENRI Hotel in writing 7 working days before the start of the event. It requires the written consent of the HENRI Hotel to be effective. 7.3. if the number of participants deviates by more than 10%, the HENRI Hotel shall be entitled to redetermine the agreed prices and to exchange the confirmed rooms, unless this is unreasonable for the Organiser.
7.4. If the agreed start or end times of the event are postponed and the HENRI Hotel agrees to these deviations, the HENRI Hotel may invoice the additional readiness to provide services appropriately, unless the HENRI Hotel is at fault.
7.5. In the case of events that extend beyond midnight, the HENRI Hotel may, unless otherwise agreed, invoice the personnel expenses from this time onwards on the basis of itemised invoices. In addition, the HENRI Hotel may charge employees' travelling expenses on an itemised basis if they have to make their way home after public transport has closed.
VIII. CANCELLATION BY THE HENRI HOTEL
8.1. If the Organiser has agreed in writing to a right of withdrawal free of charge within a certain period, the HENRI Hotel shall be entitled to withdraw from the contract during this period if there are enquiries from other organisers for the contractually booked event rooms and the Organiser does not waive its right of withdrawal upon enquiry by the HENRI Hotel.
8.2. if an advance payment agreed or requested in accordance with clause III no. 5 above is not made, the HENRI Hotel shall also be entitled to withdraw from the contract.
8.3. furthermore, the HENRI Hotel shall be entitled to withdraw from the contract or from parts of the contract for objectively justified reasons, for example if - force majeure or other circumstances for which the HENRI Hotel is not responsible, e.g. events are booked under misleading or false statements of material facts, e.g. the organiser or purpose; - the HENRI Hotel has reasonable grounds to believe that the event may jeopardise the smooth running of the business, safety, including health hazards, or the public reputation of the HENRI Hotel, without this being attributable to the sphere of control or organisation of the HENRI Hotel; - there is a breach of Clause I No. 2; - the contractual partner has filed an application for the opening of insolvency proceedings against its assets, has made an affidavit pursuant to Section 807 of the German Code of Civil Procedure, has initiated out-of-court debt settlement proceedings or has suspended payments; - insolvency proceedings are opened against the assets of the contractual partner or the opening of such proceedings is refused due to lack of assets or for other reasons.
8.4. In the event of justified cancellation by HENRI Hotel, the organiser shall not be entitled to claim damages.
IX. BRINGING FOOD AND DRINKS
9.1. The Organiser may not bring food and drinks to events. Exceptions require a written agreement with the HENRI Hotel. In such cases, a contribution to cover overheads will be charged.
X. TECHNICAL FACILITIES AND CONNECTIONS/ PROCESSING OF EVENTS
10.1 Insofar as the HENRI Hotel procures technical and other facilities from third parties for the Organiser at the latter's request, it shall act in the name of, on behalf of and for the account of the Organiser. The Organiser shall be liable for the careful handling and proper return of the equipment. The Organiser shall indemnify the HENRI Hotel against all third-party claims arising from the provision of such equipment.
10.2. The use of the Organiser's own electrical equipment using the HENRI Hotel's electricity network requires the Organiser's written consent. Any faults or damage to the HENRI Hotel's technical equipment caused by the use of such equipment shall be borne by the Organiser, unless the HENRI Hotel is responsible for them. The HENRI Hotel may record and charge a flat rate for the electricity costs arising from the use of such equipment.
10.3. With the consent of the HENRI Hotel, the Organiser is entitled to use its own telephone, fax and data transmission equipment. The HENRI Hotel may charge a connection fee for this.
10.4. If suitable HENRI Hotel equipment remains unused due to the connection of the Organiser's own equipment, a cancellation fee may be charged.
10.5. Faults in technical or other equipment provided by the HENRI Hotel will be rectified immediately if possible. Payments may not be withheld or reduced insofar as the HENRI Hotel is not responsible for these faults.
10.6. The Contractual Partner must handle the formalities and settlements required for self-arranged music performances and sound reinforcement with the responsible institutions (e.g. GEMA) on its own responsibility.
10.7. The Contractual Partner may only use the name and trademarks of the HENRI Hotel in the context of advertising its event after prior consultation with the HENRI Hotel.
XI. LOSS OF OR DAMAGE TO OBJECTS BRINGED IN
11.1. Exhibition or other items, including personal items, brought into the event rooms or the HENRI Hotel are at the risk of the organiser. The HENRI Hotel accepts no liability for loss, destruction or damage, including for financial losses, except in cases of gross negligence or intent on the part of the HENRI Hotel. Excluded from this are damages resulting from injury to life, limb or health. In addition, all cases in which the safekeeping represents a typical contractual obligation due to the circumstances of the individual case are excluded from this exemption from liability.
11.2. Any decoration material brought along must comply with the fire protection requirements. The HENRI Hotel is entitled to demand official proof of this. If such proof is not provided, the HENRI Hotel shall be entitled to remove any material already brought in at the expense of the organiser. Due to possible damage, the installation and attachment of objects must be agreed with the HENRI Hotel in advance.
11.3. Any exhibition or other objects brought in must be removed immediately after the end of the event. If the Organiser fails to do so, the HENRI Hotel may remove and store the items at the expense of the Organiser. If the items remain in the event room, the HENRI Hotel may charge a reasonable compensation for use for the duration of their retention. The Organiser is at liberty to prove that the above-mentioned claim did not arise or did not arise in the amount demanded.
11.4. Packaging material (cardboard boxes, crates, plastic, etc.) that arises in connection with the delivery of the event by the Contractual Partner or third parties must be disposed of by the Contractual Partner before or after the event. If the Contractual Partner leaves packaging material at the HENRI Hotel, the HENRI Hotel shall be entitled to dispose of it at the Contractual Partner's expense.
XII. CUSTOMER'S LIABILITY FOR DAMAGE
12.1. If the organiser 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.
12.2. The HENRI Hotel may require the Organiser to provide appropriate security (e.g. insurance, deposits, guarantees).
XIII. FINAL PROVISIONS
13.1. Amendments or additions to the contract, the acceptance of the application or these Terms and Conditions for Events must be made in writing. Unilateral amendments or additions by the organiser are invalid.
13.2. place of performance and payment is the registered office of the HENRI Hotel. 13.3. the exclusive place of jurisdiction - also for cheque and bill of exchange disputes - in commercial transactions is the registered office of the HENRI Hotel. If a contractual partner fulfils the requirements of Section 38 (2) ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the HENRI Hotel.
13.4 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.
13.5. Should individual provisions of these General Terms and Conditions for Events be invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.
