These terms and conditions apply to contracts for the leasing of hotel rooms for accomodation as well as for all further deliveries and services of CERÊS-Hotel Betriebsgesellschaft mbH - in the following called CERÊS - to the contractual partner.
The subletting and re-letting of the provided rooms and their use for other purposes requires the prior written consent of CERÊS. The terms and conditions of the customer only apply if this has been agreed in writing. Counter-confirmations of the customer under reference of his terms and conditions are hereby contradicted.
2. Conclusion of contract I Contracting party
The contract is concluded after oral or written request of the customer and by the acceptance of the CERÊS.
CERÊS is free to confirm the application in writing or conclusively by providing services.
Contracting parties are the customer and the CERÊS. If a third party has ordered for the customer, he is jointly and severally liable to CERÊS together with the customer for all obligations arising from this contract.
CERÊS is obliged to provide and provide the agreed services.
The customer is obliged to accept and pay for the services ordered in the ordered amount, regardless of the actual usage. This also applies to CERÊS services and expenses incurred by the customer to third parties.
In addition to the services of CERÊS, external services can be provided to the customer. These third-party services not performed by the hotel are provided by the third service provider on their own responsibility.
The provision of own services by the customer, in the premises and on the premises of the CERÊS, requires the prior written consent of the CERÊS. If CERES allows food and drinks to be brought to the event, CERÊS is entitled to a flat-rate calculation of corkage.
4. Provision I Transfer I Return
The customer does not acquire the right to the provision of certain rooms and services.
Services are available to the customer only within the agreed periods.
Booked hotel rooms are available to the customer from 3 pm on the agreed arrival day.
Unless otherwise agreed, the CERÊS reserved room is free until 6:00 pm. Thereafter, the CERÊS may otherwise assign the rooms without the customer being able to derive any rights or claims therefrom.
The return has to be done properly and vacated.
The rooms are to be made available to the CERÊS for further use on the agreed departure day, at the latest by 11.00 am. If the guest leaves the room after 11.00, the CERÊS may charge 50% of the price for the day until 16.00 and 100% of the price for the day from 16.00.
5. Prices I Payments
The agreed prices include the respective statutory sales tax. Increases the sales tax, this leads to an increase in the agreed prices.
If the period between the conclusion of the contract and the performance of the contract exceeds 4 months, the agreed prices for services may increase, but not more than 10%.
If the customer subsequently changes the number of booked rooms or rooms, the services ordered or the length of stay, CERÊS may subsequently change the prices.
Invoices of the CERÊS without a due date are to be paid immediately upon deduction of the invoice. An invoice will be received at the latest 3 days after dispatch as the invoice recipient. CERÊS may demand advance payments or security deposits.
CERÊS is entitled to demand accrued receivables at any time. In the event of late payment, CERÊS is entitled to charge interest at 5% above the respective base interest rate.
The customer can only offset, reduce or withhold any claim of CERES if his claim is undisputed or legally binding.
6. Resignation I Termination I Cancellations
A withdrawal or cancellation of the customer requires the written consent of CERÊS. If this is not the case, the agreed amount must be paid even if the customer does not make use of the contractual services. CERÊS has to offset the saved expenses from the agreed price, whereby CERÊS is entitled to flat rate these.
If CERÊS has given the customer an option to withdraw from the contract within a certain period of time without any further legal consequences, then CERÊS is not entitled to any compensation. Decisive for the timeliness of the resignation declaration is their access at CERÊS. The customer must declare the withdrawal in writing.
If a free right of withdrawal of the customer within a certain period has been agreed in writing, the CERÊS in turn is entitled to withdraw from the contract during this period.
If an agreed advance payment is not made even after expiry of a grace period set by CERÊS, CERÊS is entitled to withdraw from the contract.
CERÊS is further entitled to extraordinary cancellation of the contract for a materially justified reason. Facts justifiable are, for example: force majeure, circumstances for which the hotel is not responsible, which make fulfillment of the contract impossible, rooms or other services under false information of the customer, which have led to the contract or if CERÊS has reasonable cause for acceptance that the use of the services could jeopardize the smooth operation, security or reputation of CERÊS.
If the customer acts against the contract at events, CERÊS is entitled to withdraw immediately or to terminate the contract for good cause.
If the resignation of CERÊS is justified, then the customer has no claim for damages.
7. Liability I Limitation
The hotel is liable with the care of a proper businessman for his obligations under the contract. However, this liability is limited to intent and gross negligence.
Liability of the CERÊS for consequential or indirect damages is excluded.
The customer is obliged to notify the CERÊS of any obvious defects immediately, otherwise his liability claims expire. CERES will endeavor to remedy this with knowledge or prompt notice from the customer. The customer is obliged to contribute to the reasonable, to remedy the disturbance and to minimize possible damage.
For catered goods, the CERÊS is liable according to the statutory provisions up to EUR 4000 and for money and valuables up to EUR 1000.
Insofar as the customer is provided with a parking space in the underground car park or in the parking lot of the CERÊS - also for a fee - no custody agreement will be concluded. The CERÊS is not liable for the loss or damage of vehicles parked or shunted, except in cases of intent and gross negligence. This also applies to vicarious agents of CERÊS.
If CERÊS grants its own services to a customer in the premises or on the grounds of the CERÊS, it must itself be able to produce the permit. The customer is solely responsible for this and releases the CERÊS from claims of third parties.
Wake-up orders are executed by CERES with the utmost care as a matter of convenience. Claims for damages of the customer are excluded. The same applies mutatis mutandis to news, mail and consignments. A custody order does not materialize for them.
The customer is liable for all damage caused by himself, his employees, his guests or visitors in the premises or on the premises of CERÊS.
Claims of the customer expire within the statutory periods.
8. Final provisions
Changes or additions to the contract must be made in writing. Unilateral changes or additions by the customer are invalid.
Place of performance and place of payment is the seat of CERÊS. Jurisdiction is the seat of CERÊS. This also applies in commercial transactions for customers who do not have a general business domicile in Germany.
German law applies.
Should individual provisions of these General Terms and Conditions be invalid or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.