General Terms and Conditions of Seehof Reichert GmbH & Co. KG
I. Scope of application
These terms and conditions apply to contracts for the rental of hotel rooms for accommodation as well as to all services and deliveries provided to the customer by Seehof Reichert GmbH & Co KG.
2. subletting or subletting, the transfer of use of the rented premises, the use of the rented hotel rooms for purposes other than accommodation, for public invitations or for other advertising measures, for job interviews, sales and similar events and the use of the hotel areas outside the rented rooms require the prior consent of Seehof Reichert GmbH & Co. KG and may be made dependent on the payment of additional remuneration. § Section 540 para. 1 sentence 2 BGB shall not apply.
3. the customer's terms and conditions are hereby rejected. They shall only apply if they have been expressly agreed in writing in advance.
Furthermore, the additional conditions agreed upon conclusion of the contract shall apply in each case.
II Conclusion of contract, - partner, limitation period
The contract is concluded through the acceptance of the customer's application by Seehof Reichert GmbH & Co. KG comes into effect. Seehof Reichert GmbH & Co. KG is free to confirm the room booking in writing.
2. The contractual partners are Seehof Reichert GmbH & Co. KG and the customer. If a third party has ordered for the customer, he is liable to Seehof Reichert GmbH & Co. KG together with the customer as joint and several debtors for all obligations arising from the hotel accommodation contract.
3. All contractual claims against Seehof Reichert GmbH & Co. KG are subject to a limitation period of one year from the start of the statutory limitation period. Claims for damages are subject to a limitation period of five years, irrespective of knowledge.
4. The customer is obliged to inform Seehof Reichert GmbH & Co. Kg, at the latest upon conclusion of the contract, that the use of the hotel service is likely to jeopardise the smooth running of the business, the safety or the reputation of the hotel in public.
III. Services, Prices, Payment, Offsetting
1 Seehof Reichert GmbH & Co. KG is obliged to keep the rooms booked by the customer available and to provide the agreed services. There is no entitlement to specific rooms.
2. The customer is obliged to pay the applicable or agreed prices of Seehof Reichert GmbH & Co. KG. This also applies to services and expenses of Seehof Reichert GmbH & Co. KG to third parties.
3. The agreed prices include the respective statutory value added tax. If there are more than 4 months between the conclusion and fulfilment of the contract and if the statutory value added tax changes during this period, the prices will be adjusted accordingly. If the period between conclusion and fulfilment of the contract exceeds 4 months, the prices charged by Seehof Reichert GmbH & Co. KG generally charged for such services, the latter may increase the contractually agreed price appropriately, but by a maximum of 5%. For each additional year between conclusion and fulfilment of the contract beyond the 4 months, the upper limit increases by a further 5 %. If the rate of value added tax changes on the date of performance of the service, the respective agreed prices shall change accordingly; Seehof Reichert GmbH & Co. KG is entitled to subsequently charge the increase in value added tax. Regional or municipal special charges or taxes (bed tax, etc.) will be charged additionally if they are introduced or levied during the term of the contract. The prices can be changed by Seehof Reichert GmbH & Co. KG if the customer subsequently requests changes to the number of rooms booked, the service or the length of stay of the guests and Seehof Reichert GmbH & Co. KG agrees to this.
4. Invoices without a due date are payable without deduction within 10 days of receipt of the invoice. Seehof Reichert GmbH & Co. KG is entitled to make accrued claims due at any time and to demand payment without delay. In case of default of payment Seehof Reichert GmbH & Co. KG is entitled to demand the respectively applicable statutory default interest in the amount of currently 8 % points or, in the case of legal transactions involving a consumer, in the amount of 5 % points above the base interest rate. The customer shall reimburse reminder costs in the amount of EUR 5.00 for each reminder after the occurrence of default. All other costs incurred in the course of collection shall be borne by the customer.
5. Seehof Reichert GmbH & Co. KG is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter. The amount of the advance payments and the payment dates can be agreed in writing in the hotel accommodation contract. For group bookings for the period of the Munich Oktoberfest, a deposit of 50% of the total accommodation price must be paid.
6. The customer may only offset or reduce a claim against a claim of Seehof Reichert GmbH & Co. KG, set off or reduce.
7. Pets may only be brought along with the prior consent of the hotel and, if necessary, at a charge.
IV. Cancellation by the customer (cancellation/not using the hotel's services)
1 Cancellation by the customer of the admission contract concluded with Seehof Reichert GmbH & Co. KG is excluded. Cancellation of the hotel accommodation contract requires the written consent of Seehof Reichert GmbH & Co. KG. If this does not take place, the agreed price from the contract is to be paid from then on if the customer does not make use of contractual services.
2. In all other respects, the cancellation deadlines and fees set out in the appendix shall apply.
3. The hotel shall endeavour to let unused rooms to other parties as far as possible.
V. Cancellation of Seehof Reichert GmbH & Co. KG
If an agreed advance payment or an advance payment owed in accordance with the general terms and conditions is not made even after a reasonable grace period has expired, Seehof Reichert GmbH & Co. KG is entitled to withdraw from the hotel accommodation contract.
3. Furthermore, Seehof Reichert GmbH & Co. KG is entitled to withdraw from the contract extraordinarily for factually justified reasons, e.g. if -- force majeure or other circumstances beyond the control of Seehof Reichert GmbH & Co. KG are not responsible for -- rooms are booked under misleading or false information of essential facts, e.g. the person of the customer or the purpose -- Seehof Reichert GmbH & Co. KG has reasonable grounds to believe that the use of the hotel service may jeopardise the smooth running of the business, the safety or the reputation of the hotel in public. -- A violation of I. No. 2 exists
4. In the event of justified withdrawal by Seehof Reichert GmbH & Co. KG, the customer has no claim to compensation. 5. 5. the hotel can prevent unauthorised job interviews, sales and similar events or demand that they be cancelled. 6. should a claim for damages arise for Seehof Reichert GmbH & Co. KG against the customer, Seehof Reichert GmbH & Co. KG can set a lump sum for the claim for damages, in which case the payment obligations apply in accordance with the cancellation conditions.
VI. Room provision, handover and return
1. The customer does not acquire a claim to the provision of specific rooms unless this has been expressly agreed in writing in the hotel accommodation contract.
2. Booked rooms are available to the customer from 3 pm on the agreed arrival day. The customer has no right to earlier availability. Unless a later arrival time has been expressly agreed or the room in question has been paid for in advance, the hotel has the right to allocate the booked room after 6 p.m. without the customer being able to derive a claim against the hotel from this. In this case, Seehof Reichert GmbH & Co. KG has claims according to the cancellation conditions regulated in the appendix.
3. On the agreed day of departure, the rooms must be vacated by the guest by 11 a.m. at the latest. If the rooms are not returned until later, the hotel shall be entitled to charge 50% of the agreed accommodation price until 6 p.m. and the full price after 6 p.m..
Further claims for damages by Seehof Reichert GmbH & Co. KG remain unaffected by the payment of the room rate. If Seehof Reichert GmbH & Co. KG has to accommodate guests in another hotel due to the delayed vacating of the room, the customer shall bear all costs incurred for this. Contractual claims of the customer are not justified by this. The customer is at liberty to prove that no claim or a significantly lower claim for a usage fee has arisen.
VII Liability of Seehof Reichert GmbH & Co. KG
1 Seehof Reichert GmbH & Co. KG is liable with the diligence of a prudent businessman from the hotel accommodation contract. Claims for damages by the customer are excluded. This does not apply to damages arising from injury to life, body or health if the hotel is responsible for the breach of obligation. Other damages shall only be compensated if they are based on an intentional and grossly negligent breach of duty by Seehof Reichert GmbH & Co. KG.
The hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions. Seehof Reichert GmbH & Co. KG recommends keeping money and valuables in the hotel safe.
Insofar as a parking space for a motor vehicle is also made available to customers for a fee, this does not constitute a custody agreement. Seehof Reichert GmbH & Co. KG is not liable. Seehof Reichert GmbH & Co. KG does not exist.
4. wake-up orders are carried out by the hotel with the utmost care. No liability will be assumed.
5) Any items left behind by the customer will only be forwarded at the customer's request, risk and expense. The hotel shall keep the items for 3 months, after which they shall be handed over to the local lost property office if there is no recognisable value. If there is no recognisable value, the hotel reserves the right to destroy the items after expiry of the deadline.
VIII. Liability of the guest
The guest is liable for any damage caused to the hotel's property. The hotel is a non-smoking hotel. Damage caused by unauthorised smoking in the rooms, as well as the bill for fire brigade operations due to alarms set off by smoke detectors in the hotel, shall be borne by the customer. The cleaning of curtains, beds and pillows will be charged at a flat rate of EUR 90.00. IX. Event contract
I. Scope of application
(1) The above terms and conditions shall apply mutatis mutandis in accordance herewith to contracts for the rental of conference and event rooms for the holding of events, seminars, conferences, exhibitions, festive events, family celebrations.
II. Obligations of Seehof Reichert GmbH & Co, KG
Seehof Reichert GmbH undertakes to make the contractual premises available and to ensure the undisturbed course of the event, as well as to guarantee the agreed catering. Seehof Reichert GmbH & Co. Kg reserves the right to make any changes to the scope of service provision due to the course of the event or due to unforeseeable events. Kg reserves the right. In such a case it is entitled to fulfil with a product corresponding to the type and quality. Seehof Reichert GmbH & Co. KG undertakes to provide subsequent improvements in the event of a complaint about food. These must be reported immediately during the event to Seehof Reichert GmbH & Co. KG or its employees immediately during the event. If this is not possible due to the nature of the defect or other compelling reasons, complaints must be made at the latest when the rooms are returned. Later complaints will not be accepted. The organiser shall be entitled to demand a reduction in price in the event of impossible or failed rectification of defects. Further warranty claims and claims for damages against Seehof Reichert GmbH & Co. KG are excluded insofar as damage was not caused by it or its employees and vicarious agents intentionally or through gross negligence.
X. Room rental costs
A room rental fee is payable for the provision of an event room, which is based on the size of the room and the period of provision (EUR 300.00 -- EUR 10,000.00, (as of July 2012) or to guarantee a turnover to be agreed. In addition, a flat-rate decoration charge of € 2.50 per person will be levied for the room if required for the table. XI. Restaurant reservation A written binding agreement must be made for 20 or more persons. Changes to the number of participants
1. a change in the booked number of participants by more than 5% must be notified to Seehof Reichert GmbH & Co KG at least 10 working days before the start of the event; it requires the written consent of Seehof Reichert GmbH.
A reduction in the number of participants by the customer by a maximum of 5 %, which is notified at least 10 working days before the start of the event, shall be recognised by the hotel in the settlement of accounts. In the event of deviations exceeding this, the originally agreed number of participants less 5% shall be taken as a basis. The customer has the right to reduce the agreed price and the expenses saved due to the lower number of participants, which must be proven by the customer. The customer's savings due to the granted tolerance of 5% shall be included in this.
In the event of an upward deviation, the actual number of participants will be charged. If the number of participants is exceeded by more than 5%, the desired menu may no longer be served unless Seehof Reichert GmbH & Co. KG has agreed to the change. 4. In the event of deviations in the number of participants by more than 10%, Seehof Reichert GmbH & Co. KG is entitled to reset the agreed prices and to change the confirmed rooms. 5. 5. in the case of events which go on beyond 11 p.m., the hotel may, unless otherwise agreed, charge for staff costs from this time onwards on the basis of individual proof. Furthermore, Seehof Reichert GmbH & Co. KG may also charge employees for travel expenses on the basis of itemised receipts if they have to travel home after the end of the working day and additional costs are incurred as a result.
XII. Bringing food and drinks
As a rule, the customer may not bring food and beverages to events. Exceptions require written agreement with the hotel. In such cases, a contribution to cover overhead costs shall be charged. In the event of a breach, the hotel shall be entitled to claim per participant the flat-rate compensation for the loss incurred which would have accrued to the hotel for the provision of the service.
XIII Technical equipment and connections, permits
1. The use of the customer's own electrical equipment and the use of the electricity network of Seehof Reichert GmbH & Co. KG requires the written consent of the latter.
2. The use of the hotel's own facilities must be treated with care; the customer is liable for any damage.
3. With the consent of the hotel, the customer is entitled to use his own telephone--fax and data transmission in the facility. The hotel may charge a connection fee for this.
4. The Customer shall obtain any official permits, conditions and approvals required for the event in good time and at its own expense. The customer shall be responsible for compliance with public--legal requirements and other regulations, compliance with the provisions of noise protection, the protection of minors, and the payment of Gema fees, among other things.
5. Final provision Verbal subsidiary agreements are only binding if confirmed in writing. Unilateral amendments or supplements by the customer are invalid.
XIV. Safeguard provisions
Place of performance and payment for all mutual obligations and exclusive place of jurisdiction is the registered office of Seehof Reichert GmbH & Co. KG German law shall apply. Should individual provisions be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply. The parties undertake to replace the invalid provision by a provision which is as close as possible in meaning to the invalid provision and which is valid. Annex to the GTC's for the year 2013
Hotel Cancellation Policy
If in the event of a cancellation it is not possible to re-let the room, Seehof Reichert GmbH & Co KG will charge the following amounts:
For reservations of 1-3 rooms
2 calendar days before arrival 50% of the agreed services
From 1 calendar day before arrival 80% of the agreed services
For reservations of 4-9 rooms
Up to 8 calendar days before arrival 50% of the agreed services
From 7 calendar days before arrival 80% of the agreed services
For reservations of 10-20 rooms
Up to 22 calendar days 30% of the agreed services
21 to 15 calendar days 50% of the agreed services
14 to 0 calendar days 80% of the agreed services
For reservations of more than 20 rooms
Up to 35 calendar days 30% of the agreed services
34 to 28 calendar days 50% of the agreed services
27 to 0 calendar days 80% of the agreed services