1. CANCELLATION, REDUCTION, 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.

If several rooms are booked by groups, i.e. if 4 or more hotel rooms are booked, the following regulations apply unless otherwise agreed in text or written form:

– Up to 3 months before the booked arrival date, 100 % of the booked room units per booking day can be canceled free of charge.

– From 3 months before the booked arrival date, 20% of the booked room units per booking day can be canceled free of charge.

– From 6 weeks before the booked arrival date, 10% of the booked room units per booking day can be canceled free of charge.

The provisions of para. 1.2 shall apply accordingly to the options not covered by this cancellation option.

1.3 Rooms that are canceled in excess of this number or the specified dates will be charged 90% of the agreed room rate (including VAT and breakfast) for the entire agreed stay. Exception: If rooms could be rented elsewhere at a lower rate, the difference to the contractually agreed rate shall be borne by the organizer.

1.4 The hotel shall also be entitled to withdraw from the contract if a claim 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.

1.5 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 make it impossible to fulfill the contract, – the purpose, nature or reason for the stay violate applicable statutory provisions, – the booked rooms are used by a guest other than the customer named in the booking or the fellow travelers named by the customer without the hotel has been informed of this, in particular in cases of subletting or, in the case of commercial customers, the transfer of accommodation contingents, without the hotel having given its prior consent, – hotel rooms are booked with misleading or false information or the concealment of material facts. In particular, the identity of the customer and his solvency 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 running 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.

1.6 In the event of a justified withdrawal by the hotel, the hotel must inform the customer immediately of the unavailability of the service and reimburse the customer immediately for any payments already made. A claim of the customer for damages is excluded in this case.

1.7 The customer is not entitled to the provision of specific rooms/areas/spaces unless RD Gastro has confirmed the provision of specific rooms/areas/spaces in text form.

1.8 Booked hotel rooms are available to the customer from 15:00 on the agreed day of arrival. The customer has no right to earlier provision.

1.9 Booked hotel rooms must be occupied by the customer by 22:00 on the agreed day of arrival at the latest. 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.

1.10 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 p.m. in addition to the resulting damage, and 100% of the full valid price from 6 p.m. onwards

2. SCOPE OF APPLICATION EVENTS

2.1 These terms and conditions are valid for contracts concluded between the customer and PURS Fine Hotels & Restaurants from 13.03.2023.

2.2 These Terms and Conditions 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 organization of events such as banquets, seminars, conferences, exhibitions and presentations, etc., as well as to all other services and deliveries provided by the hotel for the customer in this context.

2.3 The subletting or re-letting of the rooms, areas or showcases provided as well as invitations 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.

2.4 The customer’s general terms and conditions shall only apply if this has been expressly agreed in advance.

2.5 Agreements set out in writing in individual contracts which are contrary to the following General Terms and Conditions of Business shall be of overriding validity.

2.6 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.

2.7 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.

3. ADVANCE PAYMENT

3.1 The advance payment amounts to 100% of the expected total turnover plus statutory VAT and is payable in the following scale:

– 50% of the expected total turnover within 4 weeks of signing the contract.

3.2 When the contract is signed, the completed credit card form is also required as a booking guarantee. Advance payments are credited to the total invoice. If a third party makes the booking, it shall be jointly and severally liable to the hotel as the ordering party together with the organizer. If participants of an event are to make payments directly to the hotel at the instigation of the organizer, the organizer shall be jointly and severally liable with the participant.

3.3 In the event that a booking is canceled outside of the cancellation conditions stipulated in this contract, the advance payment can only be refunded if the event facilities and/or rooms can be rented to other parties. If the subletting results in a lower turnover for the hotel than contractually agreed, the difference to the contractually agreed turnover shall be borne by the organizer.

3.4 If agreed payments are not received on time, the hotel reserves the right to cancel the booking and charge the contractually agreed cancellation costs.

4. CONDITIONS FOR STONING

4.1 Cancellation (in whole or in part) of events and/or other agreed contractual services is only possible in accordance with the following cancellation conditions.

4.2 Reduction and/or cancellation of participants in the event

4.2.1 Once the contract has been signed, the following cancellation conditions apply to the conference packages, which can alternatively be applied once:

– Up to 20% of the contractually agreed participants per day: free cancellation possible up to 3 months before the start of the event.

– Up to 10% of the contractual participants per day: free cancellation possible up to 4 weeks before the start of the event.

4.2.2 The organizer will be charged 90% of the agreed conference flat rate for reductions in the number of participants that exceed the aforementioned number and dates.

4.3 Reduction and/or cancellation of individual services of the event

4.3.1 Once the contract has been signed, the following cancellation conditions shall apply to the cancellation of individual services:

– Up to 3 months before the start of the event, 100% of the agreed contractual services (room rental, individual technical services, personnel services, etc.) will be charged in the event of cancellation. In addition, 40% of the contractually agreed food and beverage turnover will be charged if the number of participants is reduced.

– Up to 4 weeks before the start of the event, 100% of the agreed contractual services (room rental, individual technical services, personnel services, etc.) will be charged. In addition, 60% of the contractually agreed food and beverage turnover will be charged if the number of participants is reduced.

4.3.2 Any later cancellation will result in a charge of 100% of the agreed contractual services (room rental, individual technical services, personnel services, etc.). In addition, 80% of the contractually agreed food and beverage turnover will be charged if the number of participants is reduced.

4.3.3 If F&B services according to consumption (e.g. drinks) have been contractually agreed, the hotel reserves the right to charge €20.00 per participant as a compensation fee. The parties are free to provide evidence of higher or lower damages.

4.4 If the number of participants deviates by more than 10%, the hotel is entitled to redetermine the agreed prices and to exchange the confirmed rooms, unless this is unreasonable for the customer.

4.5 If the agreed start or end times of the event are postponed and the hotel agrees to these deviations, the hotel may charge a reasonable fee for the additional readiness to perform, unless the hotel is at fault.

5 SERVICES, PRICES, PAYMENT, OFFSETTING

5.1 The hotel is obliged to provide the services ordered by the customer and promised by the hotel.

5.2 The customer is obliged to pay the agreed or applicable hotel prices 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.

5.3 The agreed prices include the taxes applicable at the time the contract is concluded. 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.

5.4 Hotel invoices without a due date are payable in full within 7 days of receipt of the invoice. 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.

5.5 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.

5.6 In justified cases, for example if the customer is in arrears with payment or if the scope of the contract is extended, the hotel is entitled to demand an advance payment or security deposit within the meaning of clause 3.5 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration, even after conclusion of the contract up to the start of the event.

5.7 The customer may only offset or set off an undisputed or legally enforceable claim against a claim of the hotel.

6 WITHDRAWAL BY THE HOTEL

6.1 If it has been agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is entitled 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 his right of withdrawal upon inquiry by the hotel with a reasonable deadline.

6.2 If an advance payment or security deposit agreed or demanded in accordance with Clause 3.5 and/or Clause 3.6 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.

6.3 Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if:

– Force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract

– Events or rooms are culpably booked with misleading or false information or concealment of material facts (the identity of the customer, solvency or the purpose of the stay may be material)

– The hotel has reasonable grounds to believe that the event may jeopardize the smooth operation, safety or public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organization;

– The purpose or occasion of the event is unlawful;

– There is a breach of section 1.2.

6.4 The justified withdrawal of the hotel does not entitle the customer to claim damages.

7. BRING YOUR OWN FOOD AND DRINKS

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 75 euros will be charged.

By prior arrangement, a plate fee of min. 3,50 Euro per person charged

8. OBLIGATIONS / LIABILITY OF THE CUSTOMER

8.1 Any exhibition or other items, including personal items, brought along are at the risk of the contractual partner 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.

8.2 Any decoration material brought onto the premises must comply with fire regulations. 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.

8.3 Any exhibits or other items brought along 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.

8.4 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.

8.5 RD Gastro points out to the customer that in the case of musical accompaniment of an event by a band, a DJ or similar, a registration with the Society for Musical Performing and Mechanical Reproduction Rights (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..

8.6 The customer expressly releases RD Gastro from this registration obligation and from any liability in this connection, in particular for any costs incurred.

8.7 The customer undertakes to inform RD Gastro immediately without being asked, but 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 arouse public interest or 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.

8.8 The customer is liable for all damage or soiling 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.