Terms and Conditions | Hotel Flämischer Hof

These Terms and Conditions are automated translations of the German version. In case of misunderstanding or wrong translation the original German Version will out rule this translation. The German Terms and Conditions are always the base of every contract. The translation is just seen as an informational service.

General terms of business (Terms and Conditions)

I. Area of application

1. These terms of business are valid for contracts about the on hire surrender of hotel rooms to the accomodation, as well as all other achievements produced for the customers and deliveries of the hotel.

2. The unterrenting or wide renting of the überlassenen rooms as well as their use to others than accomodation purposes need the previous written approval of the hotel and §540 paragraph 1 becomes a sentence 2 Civil Code abbedungen, as far as the customer is not a consumer.

3. Terms of business of the customer find only application if this was agreed before expressly in writing.

II. Completion of the contract, contracting partner; limitation

1. The contract comes about by the acceptance of the application of the customer by the hotel. It stays empty to the hotel to confirm the room reservation in writing.

2. Contracting partners are the hotel and the customer. If a third has ordered for the customer, he sticks compared with the hotel together with the customer as a joint debtor for all obligations from the hotel admission contract, provided that a suitable explanation of the third is given to the hotel.

3. All claims against the hotel come under the statute of limitations basically in one year from the beginning of the regular period of limitation dependent on knowledge §199 paragraph 1 Civil Code. Compensation claims come under the statute of limitations independently of knowledge in five years. The limitation shortening is not valid with claims which are based on a deliberate or roughly careless duty injury of the hotel.

III. Achievements, prices, payment, compensation

1. The hotel is obliged to hold ready the rooms booked by the customers and to produce the agreed achievements.

2. The customer is obliged to pay for the room surrender and the other achievements taken up by him to valid or agreed prices of the hotel. This is also valid for achievements arranged by the customers and displays of the hotel into three parts.

3. The agreed prices enclose the respective legal value added tax. If the period between completion of the contract and contract fulfilment crosses four months and increases from the hotel in general for such achievements calculated price, this can raise the by contract agreed price appropriately, only however, to 5%.

4. The prices can be changed by the hotel further if the customer wishes afterwards changes of the number of the booked rooms, the achievement of the hotel or the duration of stay of the guests and the hotel agrees to him.

5. Calculations of the hotel without date of maturity are payable within 10 days from access of the calculation without deduction. The hotel is entitled to put accumulated demands any time due and to require prompt payment. With default the hotel is entitled to require the in each case valid legal interests on arrears at the rate of 8% currently or by the legal shops in which a consumer is involved, at the rate of 5% about the base interest rate sentence. The proof of a higher damage is left to the hotel.

6. The hotel is entitled to ask with contract end or afterwards, taking into account the juridical regulations for package tours, an adequate pre-payment or security. The height of the pre-payment and the payments can be agreed in the contract in writing.

7. The customer can charge only with an indisputable or legal demand towards a demand of the hotel or diminish.

IV. Resignation of the customer (i. e. Cancellation, cancellation) / non-claim of the achievements of the hotel

1. A resignation of the customer of the contract closed with the hotel needs the written approval of the hotel. If this does not occur, the agreed price from the contract is also to be paid if the customer does not take up contractual achievements. This is not valid by injury of the obligation of the hotel to the thoughtfulness for rights, legally protected rights and interests of the customer if thereby a holding on in the contract is not to be expected of this any more or an other legal or contractual right to rescind is entitled.

2. Provided that between the hotel and the customer an appointment was agreed to the free resignation by the contract in writing, the customer can withdraw till then from the contract without releasing payment or compensation claims of the hotel. The right to rescind of the customer goes out if he does not use his right to the resignation in writing compared with the hotel up to the agreed appointment, provided that a case of the resignation of the customer is not given according to number 1 sentence 3.

3. It stays empty to the hotel to require the by contract agreed reimbursement and the deduction for saved expenditures to pauschalieren. In this case the customer is obliged to pay at least 90% of the by contract agreed price of overnight stay with or without breakfast, 70% for half board arrangements and 60% for American plan arrangements. The proof stays empty to the customer that the abovementioned claim or not has not originated by the demanded height.

V. Resignation of the hotel

1. Provided that a free right to rescind of the customer was agreed within a certain term in writing, the hotel is entitled in this period on his part to withdraw from the contract if inquiries of other customers are given after the by contract booked rooms and the customer does not renounce further inquiry of the hotel on his right to the resignation.

2. If an agreed or on top is not performed according to clause III No. 6 required pre-payment also on spreading an adequate extension sedate by the hotel, the hotel is also entitled to the resignation of the contract.

3. Further the hotel is entitled to withdraw exceptionally for essentially justified reason from the contract, for example, if

- higher power or other circumstances not to be represented by the hotel make the fulfilment of the contract impossible;

- Rooms are booked under delusive or false statement of essential facts, e.g., in the person of the customer or the purpose;

- the hotel founded occasion for the acceptance has that the claim of the hotel achievement can endanger the free from problems business concern, the security or the respect of the hotel in public, without this is to be added to the territory or organisation area of the hotel;

- an offence against clause on top I No. 2 is given.

4. With entitled resignation of the hotel there originates no claim of the customer on compensation.

VI. Room supply, room handing over and room return

1. The customer acquires no claim to the supply of certain rooms.

2. Booked rooms are available to the customer from 14.00 o'clock of the agreed journey day. The customer has no right to former supply.

3. On the agreed departure day the rooms are to be made available to the hotel at the latest at 11.00 o'clock removed. Then the hotel on account of the late clearing of the room for his contract-crossing use till 15.00 o'clock can charge for 50% of the full accommodation price, at least nevertheless 40€ (list price), from 15.00 o'clock 100%. Contractual claims of the customer are not founded through this. It stays empty to him to prove that to the hotel nobody or a substantially lower claim to compensation fee has originated.

VII. Liability of the hotel

1. The hotel sticks with the care of a well-arranged businessman for his obligations from the contract. Claims of the customer on compensation are excluded. From this damages from the injury of the life, the body or the health are excluded if the hotel has to represent the duty injury, other damages which are based on a deliberate or roughly careless duty injury of the hotel and damages which are based on a deliberate or careless injury of duties typical for contract of the hotel. That of a legal representative or fulfilment assistant is on a par with a duty injury of the hotel. Should disturbances or defects of the achievements of the hotel appear, the hotel will try hard with knowledge or on prompt rebuke of the customer to provide for remedy. The customer is obliged to contribute reasonable to him to repair the disturbance and to hold a possible damage low.

2. The hotel to the customer sticks for introduced things according to the legal regulations, this is up to the hundredfold of the room price, at most 3,500€, as well as for money, securities and valuables up to 800€. The liability claims go out if not the customer to Erlangen of the knowledge of loss, destruction or damage immediately makes to the hotel display (§703 Civil Code). For a further liability of the hotel are valid preceding number 1 sentences 2 to 4 accordingly.

3. As far as a parking lot is made available to the customer in the hotel garage or on a hotel parking bay, also against remuneration, no preservation contract thereby comes about. With loss or damage on the hotel property of put down or shunted automobiles and their contents the hotel does not stick, except with intention or coarse carelessness. Preceding number 1 sentences 2 to 4 are valid accordingly.

4. Wake-up missions are explained by the hotel with the biggest care.

News, post and consignments of goods for the guests is treated with care. The hotel takes over the delivery, safekeeping and – if requested – against remuneration the postbroadcasting of the same. Preceding number 1 sentences 2 to 4 are valid accordingly.

VIII. Final regulations

1. Changes or supplements of the contract, the application acceptance or these terms of business for the hotel admission should occur in writing. One-sided changes or supplements by the customer are ineffective.

2. Place of fulfilment and place of payment is the seat of the hotel.

3. Exclusive legal venue – also for cheque and change disputes – is the seat of the hotel in the business traffic. Provided that a contracting partner fulfils the condition §38 paragraph 2 ZPO and has no general legal venue by the home, the seat of the hotel is valid as a legal venue.

4. It is worth German right. The application of the UN-purchase right and the collision right is excluded.

5. Should single regulations of these general terms of business be ineffective or trifling for the hotel admission or become, the effectiveness of the remaining regulations is not thereby touched., For the rest, are valid the legal regulations.

General terms of business for events

I. Area of application

1. These terms of business are valid for contracts about the on hire surrender of conference rooms, banquet rooms and event rooms of the hotel for the realisation of events like banquets, seminars, conferences, exhibitions and presentations etc. as well as for all other achievements hanging together with it and deliveries of the hotel.

2. The unterrenting or wide renting of the überlassenen rooms, surfaces or glass cabinets as well as the invitation for interviews, sales or similar events need the previous written approval of the hotel and §540 paragraph 1 becomes a sentence 2 Civil Code abbedungen, as far as the customer is not a consumer.

3. Terms of business of the customer find only application if this was agreed before expressly in writing.

II. Completion of the contract, contracting partner, liability, limitation

1. The contract comes about by the acceptance of the application of the customer by the hotel; these are the contracting partners.

2. If the customer / customer is not the organizer or is switched on by the organizer a commercial mediator or organizer, the organizer sticks together with the customer gesamtschuldnerisch for all obligations from the contract, provided that a suitable explanation of the organizer is given to the hotel.

3. The hotel sticks with the care of a well-arranged businessman for his obligations from the contract. Claims of the customer on compensation are excluded. From this damages from the injury of the life, the body or the health are excluded if the hotel has to represent the duty injury, other damages which are based on a deliberate or roughly careless duty injury of the hotel and damages which are based on a deliberate or careless injury of duties typical for contract of the hotel. That of a legal representative or fulfilment assistant is on a par with a duty injury of the hotel. Should disturbances or defects of the achievements of the hotel appear, the hotel will try hard with knowledge or on prompt rebuke of the customer to provide for remedy. The customer is obliged to contribute reasonable to him to repair the disturbance and to hold a possible damage low. For the rest, the customer is obliged to point out the hotel on time to the possibility of the origin of an extremely high damage.

4. All claims against the hotel come under the statute of limitations basically in one year from the legal limitation beginning. Compensation claims come under the statute of limitations independently of knowledge in five years. The limitation shortening is not valid with claims which are based on a deliberate or roughly careless duty injury of the hotel.

III. Achievements, prices, payment, compensation

1. The hotel is obliged to produce from the customer ordered and from the hotel to promised achievements.

2. The customer is obliged to pay for this and other taken up achievements to agreed or usual prices of the hotel. This is also valid for achievements arranged by him and displays of the hotel into three parts, in particular also for demands of copyright utilisation societies.

3. The agreed prices enclose the respective legal value added tax. If the period between completion of the contract and event crosses four months and increases from the hotel in general for such achievements calculated price, the by contract agreed price can be measured, be raised, only however, by 5%.

4. Calculations of the hotel without date of maturity are payable within 10 days from access of the calculation without deduction. The hotel is entitled to put accumulated demands any time due and to require prompt payment. With default the hotel is entitled to require the in each case valid legal interests on arrears at the rate of 8% currently or by the legal shops in which a consumer is involved, at the rate of 5% about the base interest rate sentence. The proof of a higher damage is left to the hotel.

5. The hotel is entitled to require any time an adequate pre-payment. The height of the pre-payment and the payments can be agreed in the contract in writing.

6. The customer can charge only with an indisputable or legal demand towards a demand of the hotel or diminish.

IV. Resignation of the customer (cancellation, cancellation)

1. A free resignation of the customer of the contract closed with the hotel needs the written approval of the hotel. If this does not occur, arranged achievements are to be paid, in any case, the agreed space rent from the contract as well as with third also if the customer does not take up contractual achievements and is not possible for a wide renting any more. This is not valid by injury of the obligation of the hotel to the thoughtfulness for rights, legally protected rights and interests of the customer if thereby a holding on in the contract is not to be expected of this any more or an other legal or contractual right to rescind is entitled.

3. If the customer withdraws only between the 8th and 4th week before the event appointment, the hotel is entitled to charge for 35% of the escaped dish turnover plus for the agreed rent price, with every later resignation 70% of the dish turnover.

4. The calculation of the dish turnover occurs after the formula: Menu price - event x number of participants. If still no price was agreed for the menu, the most inexpensive 3-way menu of the in each case valid event offer is laid.

5. If a conference-all-inclusive was agreed participant, the hotel is entitled to charge for 60%, with a later resignation 85% the conference-all-inclusive x of agreed number of participants with a resignation between the 8th and 4th week before the event appointment.

6. The deduction of saved expenditures is considered by numbers 3 to 5. The proof stays empty to the customer that the abovementioned claim or not has not originated by the demanded height.

V. Resignation of the hotel

1. Provided that a free right to rescind of the customer was agreed within a certain term in writing, the hotel is entitled in this period on his part to withdraw from the contract if inquiries of other customers are given after the by contract booked event rooms and the customer does not renounce further inquiry of the hotel on his right to the resignation.

2. If an agreed or on top is not performed according to clause III No. 5 required pre-payment, the hotel is also entitled to the resignation of the contract.

3. Further the hotel is entitled to withdraw for essentially justified reason from the contract, for example, if

- higher power or other circumstances not to be represented by the hotel make the fulfilment of the contract impossible;

- Events are booked under delusive or false statement of essential facts, e.g., of the customer or purpose;

- the hotel founded occasion for the acceptance has that the event can endanger the free from problems business concern, the security or the respect of the hotel in public, without this is to be added to the territory or organisation area of the hotel;

- an offence against clause I No. 2 is given.

4. With entitled resignation of the hotel there originates no claim of the customer on compensation.

VI. Changes of the number of participants and the event time

1. A change of the number of participants about more than 5% must be informed at the latest five working days before the event beginning of the hotel; she needs the written approval of the hotel.

2. A reduction of the number of participants by the customer about maximum 5% is recognised by the hotel on the account. With about that to going out divergences the originally agreed number of participants is laid less 5%. The customer has the right to diminish the agreed price around from him to expenditures saved to be proved on account of the lower number of participants.

3. In the case of a divergence upwards the actual number of participants is calculated.

4. With divergences of the number of participants about more than 10% the hotel is entitled to settle the agreed prices anew as well as to exchange the confirmed rooms, unless this is unreasonable to the customer.

5. If the agreed times of commencement or final times of the event move and the hotel agrees to these divergences, the hotel can charge for the additional motivation appropriately, unless, the hotel meets a fault.

VII. Bring from dishes and drinks

The customer may not bring dishes and drinks to events basically. Exceptions need a written arrangement with the hotel. In these cases a contribution to the cover of the overhead costs is calculated.

VIII. Technical facilities and connections

1. As far as the hotel procures technical and other facilities of third for the customer on his occasion, it acts in the name of, in authority and on calculation of the customer.

The customer sticks for the careful treatment and the proper return. He releases the hotel from all claims of third from the surrender of these facilities.

2. The use of own electric arrangements of the customer under use of the stream net of the hotel needs his written approval. By the use of these devices appearing disturbances or damages in the technical arrangements of the hotel go to loads of the customer, as far as the hotel does not have to represent this. The hotel may grasp the stream costs originating from the use inclusively and calculate.

3. The customer is entitled with approval of the hotel to use own phone facilities, fax facilities and data transfer facilities. For it the hotel can require a connection fee.

4. Places to stay by the connection of own arrangements of the customer suitable of the hotel unused, a failure reimbursement can be calculated.

5. Disturbances in technical or other facilities provided by the hotel are removed as far as possible immediately. Payments cannot keep back or are diminished, as far as the hotel does not have to represent these disturbances.

IX. Loss or damage of brought things

1. Carried along exhibition stand or other, also personal objects are on danger of the customer in the event rooms or at the hotel. The hotel assumes for loss, setting or damage no liability, also not for property damages, except with coarse carelessness or intention of the hotel. From this damages from the injury of the life, the body or the health are excluded. Besides, all cases in which the preservation shows a duty typical for contract on account of the circumstances of the isolated case are excluded from this liability free drawing.

2. Brought decorative material has to correspond to the fire prevention-technical demands. For it to require an official proof, the hotel is entitled. If such a proof does not occur, the hotel is entitled to remove already introduced material at the expenses of the customer. Because of possible damages the installation and fixing are to be tuned by objects before with the hotel.

3. Brought exhibition stand or other objects are to be removed after the end of the event immediately. If the customer omits from this, the hotel may carry out the distance and storage to loads of the customer. If the objects remain in the event space, the hotel for the duration of the whereabouts can calculate an adequate compensation of utilisation. The proof stays empty to the customer that the abovementioned claim or not has not originated by the demanded height.

X. Liability of the customer for damages

1. Provided that the customer is an enterpriser, he sticks for all damages to building or inventory which are caused by event participants or visitors, employees, other third from his area or him himself.

2. The hotel can require from the customer the position of adequate securities (e.g., assurances, securities, guarantees).

XI. Final regulations

1. Changes or supplements of the contract, the application acceptance or these terms of business for events should occur in writing. One-sided changes or supplements by the customer are ineffective.

2. Place of fulfilment and place of payment is the seat of the hotel.

4. It is worth German right. The application of the UN-purchase right and the collision right is excluded.

5. Should single regulations of these general terms of business be ineffective or trifling for events, the effectiveness of the remaining regulations is not thereby touched., For the rest, are valid the legal regulations.