These terms and conditions apply to all contracts for services and deliveries of Remstal Hotel hereinafter referred to as “Remstal Hotel”), in particular to the temporary use of the hotel’s event rooms for holding events such as banquets, seminars, conferences, exhibitions, presentations, as well as to hotel room bookings for accommodation, etc.
II. Conclusion of contract, contractual partners, limitation period
1. The contract comes into effect with the booking confirmation issued by the hotel to the client. Only these terms and conditions form part of the contract; any terms and conditions of the client are not accepted.
2. If a third party makes a booking on behalf of a customer, both the third party and the customer shall be jointly and severally liable to Remstal Hotel as debtors. Subletting or re-letting requires the prior written consent of Remstal Hotel.
3. All claims against Remstal Hotel generally expire within one year from the statutory commencement of the limitation period. Claims for damages expire within five years, regardless of knowledge.
III. Prices and services, as well as changes to the number of participants / overnight stays and event times
1. Prices are based on the price list valid at the time the service is provided and include the applicable statutory VAT. If fixed prices are stated in the booking confirmation and more than 4 months lie between the conclusion of the contract and the provision of services, Remstal Hotel is entitled to make reasonable price adjustments.
2. Remstal Hotel may request an appropriate advance payment from the client and/or third parties at any time.
3. If the number of participants or overnight stays deviates by more than 10%, Remstal Hotel is entitled to adjust the agreed prices and to exchange the confirmed rooms, unless this is unreasonable for the client.
4. The client does not acquire the right to the provision of specific rooms or facilities. If agreed rooms are not available, Remstal Hotel is obliged to make every reasonable effort to provide equivalent alternatives either within the hotel or at other properties.
5. For events that exceed the contractually agreed time, particularly those continuing past 10:00 p.m., Remstal Hotel may charge additional expenses, especially for follow-up events and staff costs.
6. The client is obliged to inform Remstal Hotel immediately and without being asked—no later than upon conclusion of the contract—if the event and/or service may, due to its political, religious, or otherwise public character, attract attention or affect the interests or reputation of Remstal Hotel. Newspaper ads, other promotional measures, and publications referencing the hotel (e.g., invitations to interviews or product presentations) generally require the prior written consent of Remstal Hotel. If the client fails to fulfill this duty of disclosure or publishes material without consent, Remstal Hotel has the right to cancel the event.
7. Invoices that are not issued according to the calendar (i.e., without a specific due date) become payable within ten days from the invoice date without deduction. Remstal Hotel is entitled to demand immediate payment of any accrued invoices at any time.
8. In the event of default of payment, Remstal Hotel is entitled to charge the applicable default interest rate, currently 8%, or, in legal transactions involving a consumer, 5% above the base interest rate. Remstal Hotel reserves the right to prove a higher amount of damages.
IV. Cancellation by the customer (cancellation, withdrawal, no-show)
1. A cancellation by the customer of the contract concluded with Remstal Hotel is only possible if a cancellation right was expressly agreed in the contract, if a statutory right of cancellation exists, or if Remstal Hotel expressly agrees to a contract termination. The agreement of a cancellation right as well as any required approval must be made in text form.
2. If a date for free cancellation has been agreed between Remstal Hotel and the customer, the customer may cancel the contract up to that date without incurring payment or damages claims from the hotel. The customer's cancellation right expires if it is not exercised towards the hotel by the agreed deadline.
3. If no cancellation right has been agreed or if the agreed cancellation period has already expired, and if no statutory cancellation or termination right applies, the hotel retains the right to the agreed remuneration despite the non-utilization of the hotel's services. The customer is then obligated to pay 100% of the agreed price for overnight stays with or without breakfast, 70% for half-board arrangements, and 60% for full-board arrangements. The customer remains free to provide evidence that the claimed amount has not arisen or has arisen to a lower extent.
V. Cancellation by the hotel
1. If it has been agreed that the customer may cancel the contract free of charge within a certain period, the hotel is likewise entitled to cancel the contract within this period if inquiries from other customers regarding the contractually booked rooms are received and the customer, upon inquiry by the hotel and within a reasonable deadline set by the hotel, does not waive their right to cancel.
2. If an agreed or requested advance payment or security deposit is not made even after the hotel has set a reasonable grace period, Remstal Hotel is also entitled to cancel the contract.
3. Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, particularly if force majeure or other circumstances not attributable to the hotel make it impossible to fulfill the contract.
This includes, in particular, cases where:
— Rooms or event spaces were booked under misleading or false information, or essential facts were withheld; essential facts may include the customer’s identity, financial capability, or purpose of stay;
— The hotel has reasonable grounds to assume that the use of the service may jeopardize the smooth operation of the hotel, the safety, or the reputation of the hotel in the public, without this being attributable to the organizational area of the hotel;
— The purpose or reason for the stay is unlawful;
VI. Liability of the hotel
1. Items left behind by the customer will only be forwarded upon request, at the customer’s risk and expense. Remstal Hotel will store such items for up to 4 months and may charge a reasonable fee for this service.
2. If the customer is provided with a parking space in the hotel’s underground garage or on the hotel’s parking lot — even for a fee — this does not constitute a safekeeping agreement. Remstal Hotel is not obligated to monitor the parked vehicles.
3. Remstal Hotel is liable with the diligence of a prudent merchant. Should disruptions or defects occur in the hotel's services, Remstal Hotel will strive to remedy them without delay upon the customer’s complaint.
4. Remstal Hotel is only liable for intent or gross negligence. Any safekeeping agreement requires an explicit arrangement. Set-off, reduction, or retention are only permissible for the customer if the counterclaims are undisputed or legally established.
5. In the event of force majeure (such as fire, strike, etc.) or other circumstances not attributable to Remstal Hotel (e.g., public disturbances), especially those beyond the hotel's control, Remstal Hotel reserves the right to withdraw from the contract without the customer being entitled to claim damages (e.g., compensation).
VII. Liability of the customer
1. The customer is liable for any damage or loss occurring during the contractual period, unless the damage falls within the responsibility of Remstal Hotel or was caused by a third party and the third party actually provides compensation. The customer must provide evidence in each case.
2. The attachment of decorative materials or similar items, as well as the use of areas in Remstal Hotel outside the rented rooms (e.g., for exhibition purposes), requires the express written consent of Remstal Hotel and may be subject to additional fees. These items and any other objects brought in by the customer must comply with local fire safety regulations. If they are not removed immediately, or at the latest within 12 hours after the end of the event, the hotel may arrange storage at the customer’s expense, at a fee at least equal to the rental cost of the space used. Leftover waste may be disposed of by Remstal Hotel at the customer's expense.
3. The customer must obtain, in due time and at their own expense, any official permits required for an event. The customer is responsible for complying with public regulations and other legal requirements. Any taxes or fees payable to third parties for the event — particularly GEMA fees, entertainment taxes, etc. — must be paid directly to the respective creditor.
VIII. Technical equipment and connections
1. If Remstal Hotel procures technical or other equipment from third parties on behalf of the customer, it does so in the name and on the account of the customer. The customer is responsible for the proper handling and correct return of such equipment and shall indemnify Remstal Hotel against all third-party claims arising from the provision of this equipment.
2. The use of the customer’s own electrical equipment while utilizing the power supply of Remstal Hotel requires the hotel’s prior written consent.
3. Any disruptions to the technical or other equipment provided by Remstal Hotel will be remedied as quickly as possible. Payments cannot be withheld or reduced for this reason.
IX. Bringing food and beverages
Customers are generally not permitted to bring their own food or beverages to events. In special cases, a written agreement may be made; in such cases, at least a service fee or corkage fee will be charged.
X. Provision of rooms
1. Booked rooms are available to the customer from 3:00 PM on the day of arrival. They must be vacated by no later than 11:00 AM on the day of departure.
2. The customer is not entitled to the provision of specific rooms or facilities.
XI. Final provisions
1. Amendments or additions to the contract, to the acceptance of an offer, or to these terms and conditions must be made in writing. Unilateral changes or additions by the customer are invalid.
2. Should individual provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected. In all other respects, the statutory regulations apply.
3. The place of performance and payment, as well as the exclusive place of jurisdiction in commercial transactions, is the location of the hotel. If the contractual partner meets the requirements of § 38(2) ZPO and has no general place of jurisdiction within Germany, the place of jurisdiction shall be the registered office of the hotel.
4. German law applies. The application of UN sales law and conflict-of-law rules is excluded.
5. Should individual provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected. In all other respects, the statutory regulations apply.