1. CANCELLATION, WITHDRAWAL BY THE CUSTOMER OR THE HOTEL, NO-SHOW
1.1 The customer shall only have a contractual right of withdrawal if such a right has been expressly agreed in writing or in text form in the contract or as evidenced by the content of the booking confirmation. Otherwise, the customer’s right to withdraw from the contract shall be governed by the statutory provisions.
1.2 Insofar as the customer does not have a right to withdraw from the contract and/or the law, or in the event that the customer’s declaration of withdrawal was not exercised in due time, the hotel shall also be entitled to payment of the agreed prices or remuneration if the customer does not make use of the agreed services. Income from other use of the service, in particular renting out the hotel rooms to other customers, as well as saved expenses, shall be credited to the hotel. In the event that the hotel rooms booked by the customer up to 4 are canceled, the following rules apply:
– until 1 day before arrival 18:00 clock free of charge
– at a later date 80 % of the contractually agreed price for bed and breakfast
In case of cancellation of half board or package arrangements applies:
– until 7 days before arrival free of charge
– at a later date 70% of the contractually agreed price
1.3 In case of bookings of several rooms by groups, i.e. in case of a booking of 4 or more hotel rooms, the following regulations shall apply unless otherwise agreed in text or written form:
– up to 6 months before the booked arrival date, 100% of the booked room units can be cancelled free of charge.
– up to 3 months before the booked arrival date, 50% of the booked room units can be cancelled free of charge.
– up to 6 weeks before the booked arrival date, 10% of the booked room units can be cancelled free of charge.
For the options not covered by this cancellation option in each case, the above provisions from para. 2 accordingly.
1.4 Unless otherwise agreed in writing or in text form, the following provisions shall apply to table reservations:
- aa) There is no charge for cancellation of reservations at PURS Restaurant & Yoso Restaurant for up to 5 people up to one day in advance. No-shows or cancellations less than 1 day in advance will incur a fee of €150 per person.
- bb) For the cancellation of reservations of 6 persons or more, the conditions from par. 4.4.
- cc) For the restaurant Ai Pero (Trattoria) applies
1.4. aa) for up to 15 persons,
1.4. bb) from 16 persons.
Insofar as the customer has been granted the right to withdraw from the contract free of charge within a certain period of time by contractual agreement, the hotel is entitled, insofar as there are requests from other customers for the contractually booked rooms, to request the customer to inform it within a reasonable period of time whether it waives its right to withdraw free of charge. If the customer declares his waiver of the right to withdraw free of charge within this period, the booking becomes binding for him and the hotel cannot withdraw from the contract on the basis of this regulation. If the customer does not declare the waiver, either expressly or impliedly by missing the set deadline, the hotel can withdraw from the contract in the period in which the customer would also be entitled to withdraw free of charge.
1.6 The hotel shall also be entitled to withdraw from the contract if a contract violation pursuant to § 3 para. 5 agreed or demanded advance payment or security is not provided by the customer even after another reasonable deadline has been set.
1.7 Furthermore, the hotel reserves the right to withdraw from the contract for good cause, in particular in the event that – force majeure or other circumstances for which the hotel is not responsible exist which make it impossible to fulfill the contract, – the purpose, type or reason for the stay violates applicable legal provisions, – the booked rooms are used by a guest other than the customer named in the booking and/or the rooms booked are used by a guest other than the customer named in the booking or the fellow travelers named by the customer without the hotel having been informed of this, in particular in cases of subletting or, in the case of commercially active customers, in the case of passing on accommodation contingents without the hotel having given its prior consent to this, – hotel rooms are booked by providing misleading or false information or by concealing material facts. In particular, the identity of the customer and his ability to pay as well as the purpose of his stay are essential for the hotel, – the hotel has reasonable grounds to assume that the use of the booked service may jeopardize the smooth operation of the business, the security or the reputation of the hotel in public, without this being attributable to the hotel’s sphere of control or organization, or – the customer violates essential contractual obligations despite a warning from the hotel.
1.8 In the event of a justified withdrawal by the hotel, the hotel shall immediately inform the customer of the unavailability of the service and immediately refund any consideration already paid by the customer. A claim of the customer for damages is excluded in this case.
1.9 The Customer does not acquire any right to the provision of specific rooms/areas/rooms, unless RD Gastro has confirmed the provision of specific rooms/areas/rooms in text form.
1.10 Booked hotel rooms are available to the customer from 3:00 p.m. on the agreed day of arrival. The customer has no right to earlier provision.
1.11 Booked hotel rooms are to be claimed by the customer no later than 10:00 p.m. on the agreed day of arrival. Unless a later arrival time has been expressly agreed, RD Gastro has the right to assign booked hotel rooms to other parties after 10:00 p.m. without the customer being able to derive any claims for compensation from this. RD Gastro has the right to withdraw from the contract.
1.12 On the agreed day of departure, the hotel rooms must be vacated and made available to RD Gastro by 12:00 noon at the latest. Thereafter, RD Gastro may charge 50% of the daily room rate for the additional use of the room until 6:00 p.m., and 100% of the full valid rate after 6:00 p.m., in addition to any damages incurred by RD Gastro as a result.
2. SCOPE OF APPLICATION EVENTS
1.1 These Terms and Conditions are valid for contracts concluded between the Customer and PURS Fine Hotels & Restaurants as of 13.03.2023.
1.2 These Terms and Conditions shall apply to contracts for the rental of conference, banquet and event rooms as well as all other contractually agreed areas of the hotel for the holding of events such as banquets, seminars, conferences, exhibitions and presentations, etc. as well as to all other services and deliveries of the hotel rendered to the customer in this context.
1.3 The subletting or reletting of the rooms, areas or showcases provided as well as the invitation to job interviews, sales or similar events require the prior consent of the hotel in text form, whereby § 540 para. 1 sentence 2 BGB is waived insofar as the customer is not a consumer.
1.4 The customer’s general terms and conditions shall only apply if this has been expressly agreed in advance.
1.5 Agreements recorded in writing in individual contracts that are contrary to the general terms and conditions listed below shall be of overriding validity.
1.6. If the agreed start or end times of the event are postponed without the prior consent of RD Gastro in text form, RD Gastro may charge additional costs for the provision of personnel and equipment.
1.7. For events that extend beyond 11:59 p.m., RD Gastro may, unless otherwise agreed, bill for personnel expenses based on itemization from that time forward.
2 CONCLUSION OF CONTRACT, -PARTNERS, LIABILITY, STATUTE OF LIMITATIONS
2.1 The contracting parties are Hotel PURS Fine Hotels & Restaurants (RD Gastro) and the Customer. The contract is concluded by the acceptance of the customer’s application by the hotel. The hotel is free to confirm the booking of the event in text form.
2.2 The hotel is liable for damages resulting from injury to life, body or health for which it is responsible. Furthermore, it shall be liable for other damages based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of duties typical for the contract by the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Any further claims for damages, unless otherwise provided for in clause 9, are excluded. In the event of disruptions or deficiencies in the hotel’s services, the hotel will endeavor to remedy the situation if it becomes aware of them or if the customer complains about them without delay. The customer is obligated to contribute what he can reasonably be expected to do in order to remedy the disruption and keep any possible damage to a minimum. In all other respects, the customer is obliged to notify the hotel in good time of the possibility of an exceptionally high loss being incurred.
2.3 All claims against the hotel are generally subject to a limitation period of one year from the start of the statutory limitation period. This does not apply to claims for damages and other claims, provided that the latter are based on an intentional or grossly negligent breach of duty by the hotel.
2.4. The agreed prices include the statutory value added tax applicable at the time
3 SERVICES, PRICES, PAYMENT, SET-OFF
3.1 The hotel is obliged to provide the services ordered by the customer and promised by the hotel.
3.2 The customer is obligated to pay the agreed or applicable prices of the hotel for these and other services used. This also applies to services ordered by the customer directly or via the hotel, which are provided by third parties and paid for by the hotel. In particular, this also applies to claims from copyright collecting societies.
3.3 The agreed prices include the taxes applicable at the time of the conclusion of the contract. In the event of changes in the statutory value added tax or the introduction, amendment or abolition of local levies on the subject of performance after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between conclusion and performance of the contract exceeds four months.
3.4 Invoices of the hotel without due date are payable within 7 days from receipt of the invoice without deduction. The hotel may demand immediate payment of due receivables from the customer at any time. In the event of default in payment by the customer, the statutory provisions shall apply. The hotel reserves the right to prove higher damages.
3.5 The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed in the contract in text form. In the event of default in payment by the customer, the statutory provisions shall apply.
3.6 In justified cases, for example payment arrears on the part of the customer or expansion of the scope of the contract, the hotel is entitled, even after conclusion of the contract until the start of the event, to demand an advance payment or security deposit within the meaning of the above section 3.5 or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
3.7 The customer may only set off or offset an undisputed or legally binding claim against a claim of the hotel.
4 WITHDRAWAL OF THE CUSTOMER (CANCELLATION)
4.1 The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, if another statutory right of withdrawal exists, or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as the possible consent to a cancellation of the contract must be made in text form in each case.
4.2 If a date for withdrawal from the contract free of charge has been agreed between the hotel and the customer, the customer may withdraw from the contract until then without triggering payment or damage compensation claims by the hotel. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal towards the hotel by the agreed date.
4.3 The following cancellation conditions apply to hotel rooms, unless otherwise agreed in writing in individual contracts:
Cancellation fees from 4 rooms:
- 100% of the contingent up to 6 months before arrival free of charge
- 50% of the contingent up to 4 months before arrival free of charge
- 20% of the contingent until 2 months before arrival free of charge
- 10% of the contingent until 4 weeks before arrival free of charge
- From 4 weeks before arrival no free cancellation is possible
In case of cancellation of the rooms we charge 90% of the contractually agreed price for bed and breakfast as well as for package arrangements where third party services have been agreed upon.
In case of no-show, 90% of the contracted room rate will be charged. The cancellation conditions apply per room and night on the agreed room rate.
4.4 The following cancellation conditions apply (taking into account Section 6.2) for all other services that are not to be classified under the cancellation conditions for hotel rooms listed under 4.3, unless otherwise agreed in writing in individual contracts:
- Cancellation up to 6 months before the start of the event: free of charge
- Cancellation up to 8 weeks before the start of the event: charge of 50% of the agreed services
- Cancellation up to 4 weeks before the start of the event: Charge of 80% of the agreed services
- Cancellation from the 14th day before the start of the event or in case of no-show: Calculation of 100% of the agreed services
If it is an event room of the hotel for which a minimum consumption without room rental has been agreed, the aforementioned graduation refers to the amount of the contractually agreed minimum consumption.
4.5 If a right of withdrawal has not been agreed or has already expired, if there is also no statutory right of withdrawal or termination and if the hotel does not agree to a cancellation of the contract, the hotel shall retain the claim to the agreed remuneration despite the non-utilization of the service. The hotel shall credit the income from renting the rooms to other parties as well as the saved expenses. The expenses saved in each case can be calculated as a lump sum in accordance with Sections 4.4, 4.5 and 6.2. 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.
5 CANCELLATION OF THE HOTEL
5.1 If it has been agreed that the customer may withdraw from the contract free of charge within a certain period of time, the hotel shall be entitled for its part to withdraw from the contract during this period if there are inquiries from other customers regarding the contractually booked event rooms and the customer does not waive its right to withdraw upon inquiry by the hotel with a reasonable deadline.
5.2 If an advance payment or security deposit agreed or demanded pursuant to Section 3.5 and/or Section 3.6 is not made even after expiration of a reasonable grace period set by the hotel, the hotel shall also be entitled to rescind the contract.
5.3 Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for an objectively justified reason, in particular if:
- Force majeure or other circumstances for which the hotel is not responsible make the fulfillment of the contract impossible
- events or rooms are culpably booked with misleading or false information or concealment of material facts (material may be the identity of the customer, the ability to pay or the purpose of the stay)
- the hotel has reasonable grounds to believe that the event may jeopardize the smooth operation of the business, the safety or the reputation of the hotel in public without this being attributable to the hotel’s sphere of control or organization;
- the purpose or cause of the event is unlawful;
- a violation of section 1.2 has occurred.
5.4 The justified withdrawal of the hotel does not entitle the customer to compensation.
6 CHANGES IN THE NUMBER OF PARTICIPANTS AND THE EVENT TIME, MINIMUM NUMBER OF PARTICIPANTS
6.1 Please inform us of the final number of persons at least 14 days before your event. This serves as the basis for calculation
6.2 The minimum number of persons shall be 90% of the number of persons on which the contract is based per day (in the case of an “approximate number”, the absolute number stated in figures shall apply). We will charge the difference between the actual number of persons on the event days and the minimum number of persons as a cancellation fee of the correspondingly agreed services.
6.3 The hotel must be notified of any increase in the number of participants by more than 5% no later than ten working days prior to the start of the event; such increase shall require the hotel’s consent, which shall be given in text form. Billing will be based on the actual number of participants, but at least 95% of the agreed higher number of participants.
6.4 If the number of participants deviates by more than 10%, the hotel is entitled to reset the agreed prices as well as to exchange the confirmed rooms, unless this is unreasonable for the customer.
6.5 If the agreed start or end times of the event are postponed and the hotel agrees to these deviations, the hotel may charge appropriately for the additional service provided, unless the hotel is at fault.
7 BRINGING FOOD AND BEVERAGES
The customer may not bring food and beverages to events. In the event of a violation by the customer, a corkage fee and/or plate fee will be due, which will be calculated on a case-by-case basis depending on the establishment and the food/beverage brought. RD Gastro is free to calculate the corkage fee/plate charge on the basis of the prices of comparable meals/drinks from the menu of the respective establishment. RD Gastro is not required to disclose the purchase price or use it as a basis for calculation.
By prior arrangement, a corkage fee of 35 to 50 euros will be charged in principle.
By prior arrangement, a plate fee of min. 3,50 Euro per person charged
- OBLIGATIONS / LIABILITY OF THE CUSTOMER
- Any exhibition or other items, including personal items, that you bring with you are located on
risk of the contracting party in the event areas of RD Gastro. RD Gastro assumes no liability for loss, destruction or damage, except in cases of gross negligence or intent on the part of RD Gastro. This does not apply to damages resulting from injury to life, body or health.
- Decorative materials brought to the event must meet fire code requirements. RD Gastro is entitled to demand official proof of this. If such proof is not provided, RD Gastro is entitled to remove material already brought in at the expense of the Customer. Due to possible damage, the installation and attachment of items must be coordinated in advance with RD Gastro.
- Exhibits or other objects brought to the event must be removed immediately after the end of the event. RD Gastro may remove and store items left behind at the Customer’s expense. If the removal involves disproportionate effort, RD Gastro may leave the items in the event room and charge the respective room rent for the time they remain there.
- The customer must obtain any official permits required for an event in good time and at his own expense. He is responsible for compliance with public-law requirements and other regulations.
- RD Gastro points out to the Customer that in case of musical accompaniment of an event by a band, DJ or similar, a registration with the Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte (the “GEMA”) must be made. The registration obligation is expressly incumbent on the customer and can be delegated by him to the band, DJ, etc..
- The Customer expressly releases RD Gastro from this registration obligation and from any liability in this connection, in particular for any costs incurred.
- The Customer undertakes to inform RD Gastro immediately and without being asked, at the latest upon conclusion of the contract, that the provision of services or the event, whether due to its political, religious or other character, is likely to cause public interest or to affect the interests of RD Gastro. Newspaper advertisements, other advertising measures and publications that have a reference to RD Gastro or that contain, for example, invitations to job interviews or sales events, generally require the written consent of RD Gastro. If the customer violates this duty of disclosure or if a publication is made without such consent, RD Gastro has the right to cancel the event. In this case, the rules of cancellation apply accordingly.
- The customer is liable for all damage to the building or inventory caused by event participants, event visitors, employees or other third parties from his area or himself or his legal representatives. The costs will be charged to the organizer.