General Terms and Conditions for the Hotel Accommodation Contract with the Hotel Bristol Berlin
Scope of application
1) These terms and conditions apply to contracts for the rental use
of hotel rooms for accommodation and all other services and deliveries provided by the hotel for the customer
.
2) The subletting or re-letting of the rooms provided and their use
for purposes other than accommodation require the prior written consent of the hotel
.
3) The customer’s terms and conditions shall only apply if this has been agreed in writing in advance
.
Conclusion of contract, contract partner, liability; statute of limitations
1) The contract is concluded upon acceptance of the customer’s request by the hotel
. The hotel is free to confirm the room booking in writing.
2) The contractual partners are the Hotel Bristol Berlin (DHB Hotel Betriebs GmbH),
hereinafter referred to as the hotel, and the customer. If a third party has ordered for the customer,
is liable to the hotel together with the customer as joint and several debtor for
all obligations arising from the hotel accommodation contract.
3) The hotel is liable for its obligations arising from the contract. In the area not typical for
services, liability is limited to intent and gross negligence on the part of the
hotel.
4) The limitation period for all claims of the customer is six months.
5) This limitation of liability and short limitation period also apply in favor of the
hotel in the event of breach of obligations in the initiation of the contract and
positive breach of contract.
Services, prices, payment, offsetting
1) The hotel is obliged to keep the rooms booked by the customer available and to provide
the agreed services.
2) The customer is obliged to pay the applicable or agreed prices
of the hotel for the provision of the room and the other services used by him in
. This also applies to services arranged by the customer and
expenses of the hotel to third parties.
3) The agreed prices include the respective statutory value added tax.
If the
value added tax included in the prices increases due to statutory provisions, the hotel is entitled to adjust the agreed prices accordingly without separate
prior consent of the customer. If the
period between conclusion of the contract and fulfillment of the contract exceeds four months and
the price generally charged by the hotel for such services increases,
may raise the contractually agreed price appropriately, but by no more than ten
percent.
4) The prices may also be changed by the hotel if the customer subsequently
requests changes to the number of rooms booked, the hotel’s services or the
duration of the guests’ stay and the hotel agrees to this.
5) Hotel invoices without a due date are due and payable in full within ten days of receipt
of the invoice. The hotel is entitled to declare accruing
claims due at any time and to demand immediate payment. In the event of
late payment, the hotel is entitled to charge interest at a rate of five percent above the
respective prime rate of the European Central Bank. The customer
reserves the right to prove lower damages, the hotel reserves the right to prove higher damages
.
6) The hotel is entitled to demand a reasonable
advance payment or security deposit upon conclusion of the contract or thereafter, taking into account
the legal provisions for package tours. The amount of the advance payment
and the payment dates may be agreed in writing in the contract.
7) The customer may only offset or reduce a claim of the hotel with an undisputed or legally binding claim
.
Withdrawal by the customer (cancelation, cancellation, no-show)
1) Withdrawal by the customer from the contract concluded with the hotel requires the hotel’s written consent
. If this is not given, the agreed price
from the contract must also be paid if the customer does not make use of the contractual services
. This does not apply in the event of a delay in performance by the hotel
or an impossibility of performance for which it is responsible.
2) If a date for withdrawal from the contract
has been agreed in writing between the hotel and the customer, the customer may withdraw from the contract up to that date,
without incurring payment or compensation claims by the hotel. The customer’s
right of withdrawal expires if he does not exercise his
right of withdrawal in writing to the hotel by the agreed date, unless there is a case
of delay in performance by the hotel or an impossibility
of performance for which the hotel is responsible.
3) In the case of rooms not used by the customer, the hotel must offset the
income from renting the rooms to other parties as well as the saved
expenses.
4) The hotel is at liberty to lump-sum the
damage to be compensated by the customer. The customer is then obliged to pay 90% of the contractually
agreed price for accommodation with or without breakfast, 70% for
half-board and 60% for full-board arrangements. The customer
is at liberty to prove that no loss has been incurred or that the loss incurred by the hotel
is lower than the lump sum demanded.
Withdrawal of the hotel
1) If the customer’s right to withdraw from the contract within a certain period has been agreed in writing
, the hotel is entitled for its part to withdraw from the
contract during this period if there are inquiries from other customers for the contractually
reserved rooms and the customer does not waive his
right of withdrawal upon enquiry by the hotel.
2) If an agreed advance payment is not made even after a reasonable grace period set by the hotel
with a threat of refusal has expired,
the hotel is also entitled to withdraw from the contract.
3) Furthermore, the hotel is entitled to withdraw from the contract
extraordinarily for objectively justified reasons, for example if
– force majeure or other circumstances for which the hotel is not responsible make the
fulfillment of the contract impossible;
– rooms under misleading or false statements of material facts, e.g.
in the person of the customer or the purpose;
– the hotel has reasonable grounds to believe that the use of
hotel services may jeopardize the smooth operation, security or
reputation of the hotel in public, without this being attributable to the
sphere of control or organization of the hotel;
– there is a breach of the above scope of paragraph 2.
4) The hotel must inform the customer of the exercise of the right of withdrawal immediately at
.
5) In the event of justified withdrawal by the hotel, the customer shall have no claim to
compensation.
Room provision, handover and return
1) The customer does not acquire any claim to the provision of specific rooms.
2) Booked rooms are available to the customer from 15:00 on the agreed day of arrival
. The customer is not entitled to earlier availability.
3) On the agreed day of departure, the rooms must be vacated and made available to the hotel by 12:00 noon
at the latest.
Thereafter, the hotel may charge 50% of the full accommodation price (list price) for the additional use of the room until 6:00 p.m.
, and 100% from 6:00 p.m.
. The customer is at liberty to prove to the hotel that the hotel has incurred no or
a significantly lower loss.
Liability of the hotel
1) The hotel is liable for the diligence of a prudent businessman. However, this liability is
limited in the non-typical service area to deficiencies in performance,
damages, consequential damages or disruptions attributable to intent or gross negligence
on the part of the hotel. Should disruptions or defects occur in the hotel’s services
, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the
customer. The customer is obliged to do what can reasonably be expected of him
to remedy the disruption and minimize any possible damage
.
2) The hotel is liable to the customer for items brought into the hotel in accordance with the statutory
provisions, i.e. up to one hundred times the room rate, up to a maximum of EUR
3,000, and for money and valuables up to EUR 750. Money and
valuables up to a maximum value of EUR 25,000 can be stored in the hotel or
room safe. The hotel recommends making use of this option
. The liability claims expire if the customer does not notify
the hotel immediately after becoming aware of the loss, destruction or
damage (§703 BGB).
3) The statutory provisions apply to the unlimited liability of the hotel.
4) Insofar as the customer is provided with a parking space in the hotel garage or in a
hotel parking lot, even for a fee, this does not constitute
a safekeeping agreement. The hotel is not liable for loss of or damage to
parked or maneuvered motor vehicles and their contents,
except in cases of intent or gross negligence. This also applies to vicarious agents
of the hotel.
5) Wake-up calls are carried out by the hotel with the utmost care.
Claims for damages, except for gross negligence or intent, are excluded.
6) Messages, mail and consignments of goods for guests are handled with care.
The hotel will deliver, store and, on request and for a fee, forward
the same. Claims for damages, except for gross
negligence or intent, are excluded.
Final provisions
1) Amendments or additions to the contract, the acceptance of the application or these
terms and conditions for hotel accommodation must be made in writing. Unilateral
amendments or additions by the customer are invalid.
2) The place of performance and payment is Berlin.
3) The exclusive place of jurisdiction – also for disputes concerning checks and bills of exchange – for
commercial transactions is Berlin. If a contractual partner fulfills the requirements
of § 38 paragraph 1 ZPO and has no general place of jurisdiction in Germany,
the place of jurisdiction is Berlin.
4) The law of the Federal Republic of Germany shall apply.
5) Should individual provisions of these General Terms and Conditions for
hotel accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions of
. In this case, the contracting parties
undertake to replace the invalid or void provision by
a valid provision corresponding to the economic purpose of the invalid or void provision
. In all other respects, the statutory provisions of
apply.
6) Separate terms and conditions apply to events.
General Terms and Conditions for the Hotel Accommodation Contract with the Hotel Bristol Berlin
Scope of application
1) These terms and conditions apply to contracts for the rental of
conference, banquet and event rooms of the hotel for the organization of
events such as banquets, seminars, conferences, etc. as well as for all other related services and deliveries of the Hotel Bristol Berlin
(DHB Hotel Betriebs GmbH), (hereinafter referred to as the hotel) to entrepreneurs.
2) Hotel accommodation contracts are not subject to these GTCs, but to separate GTCs.
3) Terms and conditions of the client (hereinafter referred to as the organizer) or third parties
shall not apply, even if the hotel does not separately object to their validity in individual cases
. Even if the hotel refers to a letter that contains the
terms and conditions of the organizer or a third party or refers to such
, this does not constitute agreement with the validity of those terms and conditions.
Conclusion of contract
1) The contract is concluded upon acceptance of the application (confirmation) by the hotel to the
organizer. Until then, all offers of the hotel are subject to change and
non-binding, unless expressly stated otherwise.
2) The legal relationship between the hotel and the organizer shall be governed solely by the event contract concluded in writing at
, including these
terms and conditions. These fully reflect all agreements between the contracting parties regarding the
subject matter of the contract. Verbal promises made prior to the conclusion of this
contract are not legally binding and verbal agreements between the contracting parties
are replaced by the written contract, unless it is expressly stated in each case
that they continue to be binding.
Services
1) The hotel is obliged to provide the agreed services. Additional or
special services will be charged separately at the applicable daily rates.
2) The hotel reserves the right to make rooms other than those specified in the contract available to the
organizer for the organization of the event if the
provision of another room is reasonable for the organizer, taking into account the interests
of the hotel.
3) The subletting and re-letting of the rooms or areas provided as well as the
invitation to interviews, sales or similar events with
high publicity require the prior written consent of the
hotel. This also applies to the publication and advertising of the event in
the form of newspaper advertisements, radio, television, social media or similar.
4) All food and beverages served are intended exclusively for consumption on site at
.
Prices, payment, offsetting
1) The agreed prices include the statutory value added tax.
If the respective tax rate is adjusted, the hotel reserves the right to adjust the prices
.
2) If the period between conclusion and fulfillment of the contract exceeds four
months and if the
price generally charged by the hotel for such services increases, the hotel may increase the contractually agreed price appropriately, but by no more than
than ten percent.
3) For events lasting longer than 11:00 p.m., the hotel reserves the
right to charge a special surcharge for personnel costs per hour or part thereof, depending on
the type and scope of the event, as a night surcharge at
.
4) If a turnover guarantee is agreed for food and/or beverages, the amount of the agreed turnover guarantee shall be due if
does not achieve this turnover.
5) Hotel invoices without a due date are due and payable in full within ten days of receipt of the
invoice; the date of receipt by the hotel is decisive for the date of payment
.
6) In the event of default in payment, the hotel is entitled to charge interest at a rate of nine percentage points
above the respective base interest rate of the European Central Bank plus a
flat-rate default fee of €40.00. The right to prove and assert
higher damages remains reserved.
7) Offsetting against counterclaims of the organizer or the retention
of payments due to such claims is only permitted if the counterclaims
are undisputed or have been legally established.
Resignation
1) The hotel is entitled to withdraw from the contract if
– force majeure or other circumstances for which the hotel is not responsible, the fulfillment
of the contract;
– misleading or false information about material risks when concluding the contract
facts, e.g. the person of the organizer, the participants or the purpose of the
event, were made;
– there is reasonable cause to believe that the event does not comply with the
smooth business operations, the security or the reputation of the hotel in the
public, without this having to be taken into account by the hotel when the contract is concluded.
was recognizable;
– there is a breach of these GTC, section Services, paragraph 3 or
– an agreed advance payment is not paid on time
2) In the event of cancellation or non-appearance of the organizer, the hotel may demand lump-sum
compensation. Depending on the time of receipt of the cancellation by the hotel
, the compensation amounts to:
– up to eight weeks before the start of the event – free of charge
– up to four weeks before the start of the event – agreed room rental plus 35%
of the lost food turnover
– less than four weeks before the start of the event – agreed room rental
plus 70% of the lost food turnover
The food turnover is calculated according to the formula: Menu price x
number of persons. If no price has yet been agreed for the menu, the cheapest
three-course menu of the respective valid event offer shall be used as a basis.
3) The organizer reserves the right to prove lower damages, the hotel reserves the right to prove higher
damages.
Changes to the number of participants and the time of the event
1) If the number of participants is reduced by up to five percent, only the actual number of participants will be taken into account by the hotel when
invoicing. In the event of reductions exceeding this
, the originally registered number of participants
less five percent will be taken as a basis.
2) In the event of an upward deviation, the actual number of participants will be charged.
3) If the agreed
start or end times of the event are postponed without the prior written consent of the hotel, the hotel may charge an amount in addition to the
agreed price, which is calculated according to the ratio of the
overrun to the agreed duration, unless the postponement
is due to the hotel’s fault.
Bringing food and beverages
The organizer may not bring food and beverages to the event
unless this has been agreed in writing. In such cases, a
contribution to cover overheads will be charged. The goods brought into the hotel by the
organizer must comply with the statutory
food hygiene regulations. If the hotel suspects
that this is not the case, the hotel is entitled to refuse to accept, process or
place the goods on the market. Consumption of the goods brought into the hotel is at the risk of the organizer. The hotel is not liable for any damage resulting from
the consumption of these goods.
Technical equipment and connections
1) Insofar as the hotel procures technical and
other equipment from third parties for the organizer at the organizer’s request, it acts in the name of, on behalf of and for the account of
the organizer. Rental and/or provision costs are generally agreed
before the start of the event.
2) The organizer is liable for the careful handling and proper
return. He shall indemnify the hotel against all third-party claims arising from the provision of these
facilities.
3) The use of the organizer’s own electrical equipment using
the hotel’s electricity network requires the hotel’s written consent. Any malfunctions or damage to the hotel’s
technical equipment caused by the
use of such equipment shall be borne by the organizer, unless the hotel
is responsible for such malfunctions or damage.
Items brought in
1) The organizer is not entitled to the provision of auxiliary personnel for the transport
and assembly and dismantling of goods and other items brought in by the organizer
or third parties. The delivery of any materials must
always take place via the hotel’s goods receiving department (Uhlandstraße, Kempinski Plaza, in
the time from Mon-Fri, 6 am to 3 pm). The hotel must be notified in good time of the type and
scope of the material to be delivered. For goods or objects brought in in advance
, the hotel reserves the right to charge
expenses such as personnel, storage or assembly, depending on the effort involved.
2) Any exhibition or other items, including personal
items, brought in or brought along shall be at the risk of the organizer in the event rooms
or in the hotel. The hotel accepts no
liability for loss, destruction or damage, except in cases of gross negligence or intent on the part of the hotel.
3) Any decoration material brought into the hotel must comply with the fire regulations at
. The hotel is entitled to demand official proof of this at
. Due to possible damage, the installation and attachment of
objects must be agreed with the hotel in advance.
4) The exhibits or other items brought along must be removed immediately after the end of the
event. If the organizer fails to do so, the
hotel may remove, store and dispose of the items at the expense of the organizer
. If the items remain in the event room, the hotel may charge room rental for
the duration of their retention. The organizer reserves the right to prove
lower damages, the hotel reserves the right to prove higher damages. For
materials that are deliberately left in the hotel
by the organizer for disposal, the hotel is entitled to charge for the corresponding disposal at
.
Liability of the organizer
1) The organizer is liable for all damage to buildings or inventory caused by
event participants, visitors, employees, other third parties from his area
or himself.
2) The organizer must ensure compliance with the contractual agreements and the agreements made in these
terms and conditions by event participants,
visitors, employees, other third parties from his area and is liable for
any violations as for his own.
3) The hotel may require the organizer to provide appropriate security (e.g.
insurance, deposits, guarantees).
Limitation of liability of the hotel
1) The hotel’s liability for damages, regardless of the legal grounds,
in particular due to impossibility, delay, defective or incorrect delivery,
breach of contract, breach of obligations during contract negotiations and
tort, is limited in accordance with
, insofar as fault is involved in each case.
2) The hotel shall not be liable in the event of simple negligence on the part of its bodies, legal
representatives, employees or other vicarious agents, insofar as it is not a
breach of material contractual obligations. Essential to the contract are, insofar as
commissioned, the obligation to provide the premises and the food and
beverages, as well as advisory, protective and custodial duties which are intended to enable the organizer to use
in accordance with the contract or to protect the life or limb of
participants or the organizer’s personnel or to protect the organizer’s property
from considerable damage.
3) Insofar as the hotel is liable for
damages in accordance with the above number 2)), this liability is limited to damages which the hotel foresaw as a possible consequence of a breach of contract when
concluding the contract or
which it should have foreseen if it had exercised due care. Indirect
damage and consequential damage resulting from defects are also only eligible for compensation
insofar as such damage is typically to be expected under normal use
.
4) In the event of liability for simple negligence, the hotel’s obligation to pay compensation for
property damage and any resulting further financial losses is limited to an amount
of EUR 25,000.00 per claim, even if it is a breach of
material contractual obligations.
5) The above exclusions and limitations of liability shall apply to the same extent.
scope for the benefit of the executive bodies, legal representatives, employees and other
vicarious agents of the hotel
6) Insofar as the hotel provides technical information or acts in an advisory capacity and this
information or advice is not part of the contractually agreed
scope of services owed by it, this is done free of charge and to the exclusion of any
liability.
7) The limitations of this section do not apply to the hotel’s liability for
intentional conduct, for guaranteed characteristics, due to injury
to life, limb or health or under the Product Liability Act
Limitation period
The limitation period for all claims of the organizer is six months from the end of the event
.
Final provisions
1) The General Terms and Conditions for the event contract are an integral part
of the contract. Amendments or additions to the contract, the acceptance of applications
or these General Terms and Conditions for Events must be made in writing to
. Telecommunication transmission,
in particular by fax or e-mail, is sufficient to comply with the written form requirement, provided that a copy of the signed
declaration is transmitted.
2) The contract is subject to the law of the Federal Republic of Germany. The place of performance and
exclusive place of jurisdiction for all disputes arising from the contract is Berlin.
3) Should individual provisions of these General Terms and Conditions for the
event contract be or become invalid or void, this shall not affect the validity of the remaining provisions of
. In this case, the contracting parties undertake
to replace the invalid or void provision with a valid provision corresponding to the
economic purpose of the invalid or void provision
. In all other respects, the statutory provisions shall apply.
Status: January 31, 2020
