General terms and conditions of business for Lindner Hotels in Germany
Article 1 Scope
- These General Terms & Conditions of Business (GTC) apply to all services provided by Lindner Hotels AG and / or its respective foreign subsidiaries (hereinafter referred to as “Lindner”) to guests, event organisers and other contract partners (hereinafter referred to as the “contract partner”). These services consist, in particular, of allowing the use against payment of hotel bedrooms and other rooms for e.g. seminars, meetings, presentations, conferences, banquets and other events, the sale of food and beverages (F&B), the organisation of cultural and sporting events and other programmes, the provision of special health promotion measures and comparable special offerings, as well as all further supplies and services of Lindner associated therewith. Lindner is entitled to have its services performed by third parties.
- These GTC apply to all forms of contract, such as hotel accommodation, package tour, quota or event contracts concluded with Lindner. The GTC shall also apply to all future business with the contract partner.
- The GTC of the contract partner shall not apply even where Lindner fails to expressly reject these. Counter-confirmations of the contract partner making reference to its GTC are hereby rejected.
Article 2 Conclusion of contract
- In principle, the relevant contract comes into existence following a verbal or written request by the contract partner and on acceptance by Lindner. Lindner shall be free to accept the request in writing, verbally, in text form (email, fax) or de facto by providing the service.
- If the contract partner makes a group booking, this will result in a “quota contract”. The quota contract overrides and supplements these terms and conditions. Under this quota contract, the contract partner shall be liable for all damage culpably caused by the end user.
- A group booking exists when a contract partner books more than nine rooms in a hotel during the same period or for the same event, whether the bookings are made together or separately. The booking method used to make a group booking is immaterial. The booking can be made in person, by telephone, by fax, by e-mail, in writing, on lindner.de, through agents (e.g. online portals) or in other ways.
- Sub- or further letting, or the unpaid use by thirdparties of the rooms provided, as well as uses for purposes other than accommodation, shall only be permitted if Lindner has given its express permission. On request, Lindner may, at its discretion, grant an exception in writing.
Article 3 Use, handover of rooms, check-out
- Rooms are made available exclusively for the purposes of accommodation.
- The contract partner shall be liable to Lindner for all damage caused by it or by third parties who have received services by Lindner on its instigation.
- The contract partner shall have no right to use ofparticular rooms. If rooms should not be available in the hotel, Lindner shall inform the contract partner of this immediately and offer the contract party substituterooms of equivalent value in a nearby hotel of the same category. If the contract partner declines this offer, Lindner must immediately refund payments made by the contract partner.
- Booked rooms shall be available to the contract partner from 4 pm on the day of arrival. If no agreement to the contrary is reached, Lindner shall be entitled to let booked rooms to other parties from 6 pm without the contract partner being able to derive any rights or claims thereby.
- Rooms must be vacated by no later than 12 pm on the day of departure. After this, in addition to any losses incurred as a result of the room not being vacat-ed, Lindner may charge the daytime room rate for additional use until 4 pm, and for use after 4 pm, 100% of the full price of the accommodation (list price).
Article 4 Events
- To facilitate due preparation by Lindner, the contract partner must notify Lindner of the final number of participants no late than three days prior to the beginning of the event. Insofar as the contract partner thereby notifies a higher number of participants than agreed, such higher number of participants shall only be included in the contract if Lindner agrees to this in writing. If Lindner does not agree in writing, the contract partner shall not be entitled to conduct the event with a higher number of participants. If Lindner does agree, the charges shall be based on the new agreement (where applicable with additional expenses). The contract partner shall have no right to consent by Lindner. The charges shall be based on the contractual agreements irrespective of the number of participants notified to Lindner. Should fewer participants actually attend the event, this shall be irrelevant in respect of the charges.
- Where the agreed time of commencement of an event is moved, Lindner shall be entitled to invoice the contract partner for all additional costs thereby incurred.
- Reserved rooms shall be available to the contractpartner only within the period of time agreed in writing; use beyond those times requires the written permission of Lindner which will in principle only be granted on payment of additional charges. Lindner reserves theright to make room changes insofar as these are reasonable for the contract partner taking Lindner’s interests into consideration.
- For events which go on beyond midnight, Lindner shall be entitled to invoice € 50.00 plus VAT per service employee booked for each hour or part thereof. The contract partner shall be liable to Lindner for additional services provided to the participants in the event or to third parties in connection with the event.
- If nothing to the contrary is expressly agreed inwriting, the contract partner shall obtain all official permits at its own expense. The contract partner isresponsible for complying with all relevant requirements of (administrative) law. The contract partner shall pay any levies payable to third parties for the event, such as GEMA fees, entertainment tax etc., directly to the creditor concerned without delay.
- The contract partner shall be liable for the conduct of its employees, the participants at the event and also for any other auxiliary staff in the same way as for its own conduct. The hotel may demand provision of appropriate security from the contract partner (e.g. insurance, deposits, guarantees).
- To prevent damage, the affixing and installation of decorative material or other items must be agreed with Lindner in advance. Exhibits and other objectsbrought in must be removed at the end of the event. Should the contract partner fail to comply with this provision, Lindner shall be entitled to have them removed and stored at the contract partner’s expense. The contract partner shall dispose of all transportpackaging, outer packaging and all other packaging materials at its own expense. Should the contract partner leave packaging behind after the end of theevent, this may be disposed of at the contract partner’s expense. All items such as decorative material brought in in connection with the event must meet all relevant statutory requirements.
- Lindner is not insured for items brought in. Arranging the requisite insurance is exclusively a matter for the contract partner.
- Wherever Lindner is able to do so, faults or defects on equipment provided by Lindner will be repaired. The contract partner cannot derive any rights in this respect.
- Where the contract partner brings in its own electrical equipment, the hotel management must give its permission before such equipment is connected to the electricity network. The power consumed will beinvoiced at the currently valid electricity prices as charged to Lindner by the power supplier. Lindner shall be free to charge a flat rate fee at its discretion. Any faults or defects in Lindner’s technical equipment caused by such connection shall be for the account of the contract partner.
- Where Lindner procures technical or other equipment for the contract partner from third parties, Lindner acts in the name of and for the account of the contract partner. The latter shall be liable for the careful handling and orderly return of such equipment and shall indemnify Lindner against all claims by third parties on first written demand. Lindner shall not be liable for failure to procure the equipment on time or for any defects in the equipment procured.
- In principle, the contract partner may not bring food and beverages to events. Written agreement maybe reached in special cases (e.g. national specialities etc.); in such cases, an overhead charge will be billed with deduction of the proportional cost of the goods.
- Newspaper advertisements containing invitations to job interviews and /or sales events in principlerequire prior written permission from Lindner. Should publication take place without permission, Lindner shall have the right to cancel the event.
- Any form of advertising, information or invitations which create a link to the hotel, especially by use of the hotel’s name, require the prior written consent of the hotel.
- Regarding withdrawal, cancellation and reduction, the regulation stated in § 6 applies correspondingly.
Article 5 Provision of services, prices, payments, offsetting and assignment
- The prices for the relevant services are based on the Lindner price list applicable at the time the service is provided. All prices are quoted inclusive of value added tax at the statutory rate in force at the time. Prices do not include local taxes, charges i.e. tourist tax, additional culture fee and similar more. Contract partner bears the mentioned public dues. These amounts will be invoiced separately. Increases in value added tax shall be borne by the contract partner. If the period between conclusion of contract and initial provision of services exceeds 120 days, Lindner shall be entitled to increase prices by a maximum of 15%. Subsequent alterations to services may lead to changes in prices. Lindner is entitled to request an advance payment or provision of security from the contract partner on conclusion of contract of up to 100% of the total amount due by the contract partner. The amount of the advance payment and payment dates may be specified in the contract.
- Where the contract partner has booked within a period in which a trade fair, major event or the like is taking place and the timing of such event is changed after conclusion of contract for reasons beyond Lindner’s control, the contract shall apply to the new period of time if Lindner is able to provide the agreed services at that time. Lindner shall inform its contract partner within a reasonable period as to whether it can meet its obligations. If the service cannot be provided, especially in the event that the rooms booked are already let to third parties for the new time period, the parties may withdraw from the contract without giving reasons. Assertion of claims against the respective other party is excluded. This shall not apply in respect of payments already made; these shall be refunded or credited.
- Amounts due to Lindner are payable without deduction immediately upon receipt of the relevant invoice. An invoice shall be deemed to have been received by the invoice recipient at the latest 3 days after being sent, except where earlier delivery can be proved. The statutory provisions apply in the case of payment arrears.
- The preparation of a consolidated invoice shall not release the contract partner from the duty to pay individual invoices on time. In the event of default in payment, even of only one individual invoice, Lindner shall be entitled to withhold all further and future services, and to make provision of services contingent upon a deposit of up to 100% of the payment still outstanding.
- A collection fee of € 10.00 shall be payable for each reminder issued. In principle, invoices are payable immediately in cash or by credit card. Lindner is entitled to refuse cheques, credit cards and foreign currency. Vouchers from tour operators will only be accepted if a credit agreement exists with the company concerned or if corresponding advance payments have been made. Reimbursement for services not used is excluded.
- The contract partner may only offset against amounts due to Lindner if the relevant claim is undisputed or has been finally determined by the courts. The same applies correspondingly to any exercise of rights of retention on account of the contract partner’s own claims. Claims and other rights may only be assigned with the written permission of Lindner.
- If the contract partner uses a credit card to pay for products for which Lindner requires payment in advance (e.g. guaranteed bookings or standard orders requiring advance payment) without presenting the card in person (e.g. on the phone or internet), Lindner shall not grant the contract partner the right to cancel said charges with the credit card company.
Article 6 Withdrawal, cancellation, service reductions
- Reservations made by the contract partner are binding for both contract partners. If a right to withdraw from the contract has not been agreed or has already expired, or no legal right to withdraw or cancel exists, and Lindner does not agree to cancel the contract, Lindner retains the claim to the agreed remuneration even though the services have not been supplied. In such cases, Lindner must offset the revenue from letting the rooms to third parties and from the expenditure saved. If the rooms are not let to third parties, Lindner cancharge the discount for expenditure saved as a lumpsum. In this case, the contract partner is obliged to pay the following percentages of the agreed total price for an overnight stay with or without breakfast:
- 50% of the agreed total price if written notification of cancellation or reduction is received by Lindner between 89 and 30 days before the start of service
- 70% of the agreed total price if written notification of cancellation or reduction is received by Lindner between 29 and 10 days before the start of service
- 90% of the agreed total price if written notification of cancellation or reduction is received by Lindnerless than 10 days before the start of service
- In the case of package arrangements with external services: 70% for half-board packages and 60% for full-board packages
Lindner has no claim if it receives written notification of cancellation or reduction 90 or more days before the start of service.
- The contract partner is entitled to provide proof that no loss was incurred by Lindner or that the loss incurred was less.
- Insofar as Lindner can provide the cancelled service to third parties within the agreed period, the cancellation charge payable by the contract partner shall be reduced by the amount that such third parties pay for the cancelled service, but up to a maximum of the total cancellation charge due.
Article 7 Withdrawal / cancellation by Lindner
- By law, Lindner is entitled to withdraw from the contract (section 323 German Civil Code) or to terminate the contract (section 314 German Civil Code) if
- the contract partner fails to meet an obligation
- fulfilment of the contract is impossible due to force majeure, strike or other circumstances for which Lindner is not responsible
- the contract partner gives misleading or false information on material data
- the contract partner uses the name of Lindner in advertising materials without prior written permission
- the rooms which are the subject of the contract aresublet in part or in full without Lindner’s written permission
- Lindner has justified reasons to believe that use of the hotel’s services may jeopardise the smooth run-ning of its business operations, safety, security or Lindner’s public reputation.
- Lindner shall notify the contract partner in writing that it is exercising its right of cancellation / termination without delay, but at the latest within 14 days of learning of the reason for such cancellation / termination. Rescission of the contract by Lindner shall not be grounds for claims by the contract partner to damages or other compensation. Any right of Lindner to reparation of any loss incurred by it and of the expenditure made by it remains unaffected in the event of justified cancellation of contract.
Article 8 Lindner’s liability, items brought in, period of limitation
- In principle Lindner shall be liable in respect of all statutory and contractual claims only in the case of intentional conduct or gross negligence.
- By way of exception, Lindner shall be liable in respect of ordinary negligence in the event of loss or damage
- due to the breach of essential contractual duties. In such cases, liability is limited to foreseeable losses typical for that type of contract
- due to death, personal injury or injury to health.
- Any liability on the part of Lindner for consequen-tial damages or indirect damages is excluded.
- Disclaimers and limitations of liability apply correspondingly to all companies engaged by Lindner in fulfilment of its contractual duties, as well as their subcontractors and agents employed in the performance of an obligation for which they are vicariously liable. Such disclaimers and limitations of liability shall not apply if Lindner has given a guarantee in respect of the properties of any item or of work or in the event of defects concealed with the intent to deceive.
- The contract partner is obliged to notify Lindner of obvious defects without delay, at the latest prior to its departure from the hotel.
- The statutory provisions contained in sections 701et seq. German Civil Code are applicable in relation to items brought in by the contract partner.
- Items left behind by the contract partner/guest shall only be forwarded at the request, risk and expense of the contract partner. Lindner shall store such items for 12 months and charge a reasonable fee for doing so. Insofar as the items have a recognisable value, items will then be turned over to the local lost property office.
- All claims by the contract partner against Lindnerarising out of or in connection with the contract become time barred after the expiry of one year, beginning with the end of the year in which the claim arose and the contract partner learned of the circumstances forming grounds for the claim or, without gross negligence, ought to have learned of such grounds.
Article 9 Addition provisions for package tour contracts
- Where, along with providing subsistence and accommodation, the contract provides for Lindner toorganise a leisure time programme as a chargeable service, this shall represent a so-called package tour contract.
- The contract partner may not assert any claims due to changes to, variations in or curtailments of individual services within the scope of a package tour contract which become necessary subsequent to conclusion of contract if such changes, variations or curtailments are merely insignificant.
- Lindner shall not be liable for loss or damage suffered by the contract partner through use of a special service provided by a third party; the contract partner will be referred to its rights to enforce its claims against the relevant party who arranged the special service in this respect.
Article 10 Place of performance and payment, place of jurisdiction, side agreements, partial invalidity
- Place of performance and payment for both parties is the place of business of the relevant Lindner Hotel operation.
- German law shall be applicable.
- Place of jurisdiction is Düsseldorf.
- Should any provisions of contract, including these General Terms and Conditions of Business, be ineffective, this shall not affect the effectiveness of the remaining provisions. The parties shall replace such ineffective provisions forthwith by an effective provision that approaches as closely as possible the purpose sought and its financial significance. The same applies if the contract should contain omissions.
Düsseldorf, December 2014