General Terms and Conditions

I. Scope of application

1. These terms and conditions apply to contracts for the rental of hotel rooms, banquet and event rooms of the hotel as well as for all other related services and deliveries of the hotel.

2. The Contractual Partner's terms and conditions shall only apply if this has been expressly agreed in writing.

II. Conclusion and content of the contract

1. Offers made by the hotel are always subject to change. The contract is concluded upon acceptance by the hotel. The hotel is at liberty to confirm the booking in writing.

2. The subletting or re-letting of the hotel rooms, function rooms, areas or showcases provided as well as the use of the rented rooms and areas for job interviews, sales and similar events is generally not permitted and requires the prior written consent of the hotel.

3. The customer does not acquire any claim to the provision of specific rooms. Unless otherwise agreed, hotel rooms are to be occupied from 15:00 on the day of arrival (check-in time). The customer is not entitled to earlier availability. An earlier arrival is possible in consultation with advance notice depending on availability; a corresponding surcharge will be charged. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:00 a.m. (check-out time) at the latest. After this time, the hotel may charge 50% of the full accommodation price (list price) for the late vacating of the room until 6.00 p.m., and 100% from 6.00 p.m. onwards. This shall not give rise to any contractual claims on the part of the customer. The customer is at liberty to prove that the hotel has no or a significantly lower claim to a usage fee.

4. Taking food, drinks and furnishings to events is generally not permitted. Exceptions require a written agreement with the banqueting department. In such cases, a corkage fee, plate charge and/or other compensation plus a service charge to cover overheads will be charged.

5. The use of the hotel facilities is only possible during the respective opening hours. The current opening hours are displayed at the entrance to the respective hotel facility. The hotel reserves the right to change the opening hours or to close facilities in whole or in part, in particular due to remodelling work or hotel events or if use is not possible or only possible to a limited extent for other reasons.

6. All indoor and outdoor areas used must be cleared and handed over in accordance with the contract by 10.30 a.m. at the latest on the day after the event. Any utensils, packaging and rubbish (gas bottles, cardboard boxes, crates, etc.) that you have brought with you must be taken away. If this is not done, we reserve the right to charge you an appropriate disposal fee.

7. When staying inside and especially outside the hotel, we ask for constant consideration for our other guests and neighbours. the volume outside must therefore be significantly reduced from 10.00 pm. In addition, the windows facing the street must remain closed. Any music in the outdoor area must be switched off from 10.00 pm. Indoors, the bass/volume must be set to an appropriate level from 10.00 pm. Depending on the volume of the music in the indoor area, we reserve the right to keep the door to the Rose Garden permanently closed so as not to annoy our neighbours. The organiser and the hotel are responsible for this.

Police statutes of the municipality of Kreischa

>> § 8 Noise from event venues

a) The organiser must ensure that no noise is emitted from event venues or assembly rooms within built-up areas or in the vicinity of residential buildings that could cause unreasonable nuisance to others. Windows and doors must be kept closed if necessary.

b) The requirement to avoid noise set out in para. 1 also applies to visitors to such venues [...]

8. The music (DJ, musicians, band, own system, etc.) must be switched off by 2.00 a.m. at the latest. All technology, lighting, sound and stage elements must be dismantled at an appropriate volume and without disturbing the peace within 30 minutes of the end of the event, but no later than 2.00 a.m., and stowed away in the vehicle in the outdoor area. Equipment that has not been dismantled and stowed away by this time may be returned the day after the event in consultation with the Landhotel from 09.00 a.m., but by 11.00 a.m. at the latest. The Landhotel Rosenschänke accepts no liability for damage to or theft of the equipment. The party can then slowly wind down, but the hotel staff will ring in the last round of drinks at 2.45 am at the latest. All guests must have left the party rooms, including the rose garden, by 3.00 am. If this time is exceeded, we reserve the right to charge a night surcharge of 150.00 euros for every hour or part thereof.

III. Prices and payment

1. The customer is obliged to pay the applicable or agreed prices of the hotel for the accommodation and/or event as well as other services used by him. This also applies to services and expenses of the hotel to third parties arranged by the customer.

Unless otherwise agreed, the hotel is entitled to charge night surcharges per hour or part thereof for the provision of staff after 11.00 pm. This amounts to 125.00 euros per half hour or part thereof.

2. The agreed prices include the respective statutory value added tax, unless otherwise agreed. If the period between conclusion and fulfilment of the contract exceeds four months and if the price generally charged by the hotel for such services or the statutory value added tax increases, the hotel may increase the agreed price appropriately, but by no more than 10%.

3. Invoicing shall be in euros. In the case of foreign means of payment, the exchange rate differences and bank charges shall be borne by the party obliged to pay. Advance payments in foreign currency shall be set off against the total invoice on the day of value date.

4. Hotel invoices are payable immediately upon receipt of the invoice, but at the latest within 7 days of departure without deduction. Exceptions are advance invoices for events. These are to be transferred in full immediately BEFORE (!) the event. The corresponding transfer voucher/account statement must be submitted as proof of payment at short notice. In the event of late payment, the hotel shall be entitled to charge interest at a rate of 10% per annum. The customer reserves the right to prove lower damages, the hotel reserves the right to prove higher damages. 5.

5. The hotel is entitled to demand a reasonable advance payment at any time. Unless the amount of the advance payment and the payment dates are otherwise agreed in writing in the contract, the following advance payments are agreed:

a) In the accommodation sector (bed & breakfast) for groups of 20 room nights or more

-10% deposit upon conclusion of the contract as a guarantee, plus

-50% deposit 90 calendar days before the group's arrival, plus

-30% deposit 30 calendar days prior to the group's arrival, the remainder after presentation of the invoice within 7 calendar days at the latest.

b) For the event area

- 400 euros for celebrations in the banqueting hall (Landhaus hall) and adjoining rose garden or in the small event hall (restaurant and Landhaus rooms)

The amount of the deposit will be deducted when the total amount is paid. In the event of cancellation, the advance payment already made shall be forfeited and shall not be refunded.

6. A lien is created on all items of any kind brought in by the client with regard to all claims in connection with the above order.

7. Complaints regarding invoicing must be reported to the hotel as soon as they become known.

8. The form of invoicing (recipient) must be notified to the hotel accordingly when the order is placed or at the latest at the end of the service

IV. Cancellation by the hotel

1. If an agreed advance payment is not made even after a reasonable grace period set by the hotel has expired, the hotel is entitled to withdraw from the contract.

2. Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, for example if

- Force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract,

- Accommodation and events are booked with misleading or false information regarding material facts, e.g. the customer or the purpose,

- The hotel has justified cause to believe that the accommodation and/or event may jeopardise the smooth running of the business, the security or the reputation of the hotel in the public eye, without this being attributable to the hotel's sphere of control or organisation, or

- There is a violation of Section II. 2 above

3. The hotel must inform the customer immediately of the exercise of the right of cancellation.

4. In the event of justified cancellation by the hotel, the customer shall not be entitled to claim damages. Any claims pursuant to Clause IX remain unaffected.

V. Cancellation by the customer

1. cancellations must be made in writing with a valid signature.

2. in the accommodation sector (lodging), the following applies to cancellations by the customer:

a) In the event of cancellation on the 13th to 7th day before arrival, the customer must pay 60% of the agreed room price per room and booked night.

b) In the event of cancellation on the 6th to 3rd day prior to arrival, the customer must pay 80% of the agreed room price per room and booked night.

c) In the event of cancellation on the day of arrival and no-show, the customer must pay 100% of the agreed room price per room and booked night.

d) For group bookings of 10 room nights or more

- 90% of the booked room nights can be reduced free of charge up to 90 calendar days before the group's arrival.

- 70% of the booked or remaining room nights can be reduced free of charge up to 60 calendar days before the group's arrival.

- up to 30 calendar days before the group's arrival, 40% of the booked or remaining room nights can be reduced free of charge.

- 20% of the booked or remaining room nights can be reduced free of charge up to 14 calendar days before the group's arrival.

- 10% of the booked or remaining room nights can be reduced free of charge up to 5 calendar days before the group's arrival.

e) For wedding and family celebrations, all 10 Landhotel rooms must be booked for the day/night of the celebration. We charge a corresponding flat rate for this. Cancellations are completely excluded in this case. The organiser pays for any hotel rooms that remain free.

3. if a call-off contingent is booked, clause 2 shall apply accordingly in the event of cancellation of the rooms after call-off. If the rooms are called directly by the guest, the organiser is responsible for the booked contingent until the rooms are called.

4. the following applies to cancellations by the customer in the event sector:

- The organiser may withdraw from the contract up to 360 calendar days before the date of the event. The hotel is entitled to retain the deposit paid for work performed (preparation of the menu, drinks menu, procedures, etc.).

- If the organiser cancels between the 360th and the 270th calendar day before the date of the event, the hotel shall be entitled to retain the deposit paid and to charge a cancellation fee if it is no longer possible to re-let the room, but in any case 25% of the calculated total turnover.

- If the organiser cancels between the 270th calendar day and the 210th calendar day before the date of the event, the hotel shall be entitled to retain the deposit paid and to charge an additional 50% of the total turnover lost.

- If the organiser cancels between the 210th and the 150th calendar day before the date of the event, the hotel shall be entitled to retain the deposit paid plus 75% of the total revenue lost, and in the event of later cancellation also the full calculated total revenue.

- The total turnover is calculated according to the price per person for the booked total arrangement/package multiplied by the agreed number of persons or according to the formula Food/menu price, minimum booking duration of the drinks (flat rate) per person times the agreed number of persons. If no price has yet been agreed for the menu, the food price or the cheapest 5-course menu of the respective valid event offer shall be used as a basis.

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

1. a change in the number of participants must be notified to the banqueting department no later than 21 days before the start of the event; it requires the written consent of the hotel. Without the hotel's consent, the invoice will be based on the contractually agreed number of participants in the event of a downward deviation, taking into account any expenses saved.

2. In the event of an upward deviation, the actual number of participants shall be charged.

3. The hotel is entitled to agree to a deviation in the number of participants later than 21 days before the start of the event only on condition that the agreed prices are revised and the confirmed rooms are exchanged.

4. If the agreed start and end times of the event are postponed without the prior written consent of the hotel, the hotel may charge additional costs for readiness to perform.

5. The hotel may allocate the customer event rooms other than those originally booked if this is reasonable for the customer, in particular if urgent maintenance work has to be carried out or the originally booked rooms are required for other purposes and the alternatively allocated rooms are comparable to the originally booked rooms in terms of capacity and equipment, but are at least equally suitable for the event planned by the customer. The hotel shall inform the customer of any changes to the function rooms without delay.

VII. Technical equipment and connections

1. Insofar as the hotel procures technical or other equipment and services from third parties for the contract holder at the latter's request, it shall act in the name of, on the authorisation of and for the account of the customer. The customer shall be liable for the careful handling and proper return of the equipment. The customer shall indemnify the hotel against all third-party claims arising from the provision of such equipment.

2. In the case of the installation of technical superstructures and equipment, the hotel may demand that these be approved by the TÜV and that the customer submit the technical test certificate to the hotel immediately and without being requested to do so.

3. The use of the contract partner's own electrical equipment using the hotel's electricity network requires the hotel's consent. The hotel is entitled to charge a flat-rate usage fee for this. The customer shall be liable for any faults or damage to the hotel's technical equipment caused by the use of his equipment, insofar as these do not fall within the hotel's area of responsibility.

4. With the hotel's consent, the customer is authorised to use his own telephone, fax and data transmission equipment. The hotel is entitled to charge a connection fee for this.

5. If suitable hotel equipment remains unused due to the connection of the customer's own equipment, the hotel is entitled to charge a cancellation fee.

VIII. Decorative material and other items brought along

1. Decoration material brought in by the customer must comply with fire safety requirements. The hotel may request the presentation of official proof.

2. Due to the risk of possible damage, the installation and attachment of objects to walls is prohibited. The hotel will provide appropriate poster stands or decorative walls for a fee.

3. The setting up of a bumper corner or similar is only possible in consultation with the hotel. There is space for this in two parking areas on the neighbouring property (video studio). You must organise a solid tarpaulin for this yourself and take care of the complete cleaning. The area must be cleared and cleaned by 10:00 am the following day. If the area is not cleaned properly, we reserve the right to charge you for the cleaning costs. The organiser is liable for any damage caused.

4. The firing of fireworks and any open fire (sparklers etc.) inside the hotel as well as in the rose garden and in the outdoor area around the hotel are strictly prohibited.

5. The setting off of confetti bombs, streamer cannons, fountains etc. is strictly prohibited both inside and outside the hotel. If, contrary to our prohibition, one of these objects is nevertheless ignited, we will charge a corresponding cleaning fee based on the degree of soiling - but at least 350.00 euros.

6. The throwing of rice, confetti, scattered flowers etc. is strictly prohibited both inside and outside the hotel. If, contrary to our prohibition, one of these objects is nevertheless ignited, we will charge a corresponding cleaning fee based on the degree of soiling - but at least 350.00 euros.

7. Any exhibits or other items brought along must be removed immediately after the end of the stay and/or the event. If the customer fails to fulfil this obligation, the hotel may remove and store the items at the customer's expense. If the items remain in the event room, the hotel may charge room hire for the duration of their retention. The customer reserves the right to prove lower damages, the hotel reserves the right to prove higher damages. The customer shall also be responsible for the necessary disposal of any materials left behind. The above provisions shall also apply to items rented from external companies and brought into the hotel's rooms.

8. the hotel is responsible for cleaning the premises and outdoor areas after the event. However, we reserve the right to charge an additional cleaning fee - based on the amount of work involved - for any additional cleaning work over and above the normal amount. This applies, for example, to children's play areas (modelling clay, glitter, etc.), cigarettes in the rose garden, fingerprint screens, etc.

IX. Liability of the hotel

1. Claims for damages, on whatever legal grounds, are excluded, unless the hotel can be accused of wilful intent or is liable for its own gross negligence or the gross negligence of its legal representatives or executive employees or other vicarious agents, or the claim for damages results from a breach of material contractual obligations. In all cases of simple negligence, liability in this respect is limited to the foreseeable damage typical of the contract. Liability for damages resulting from injury to life, limb or health remains unaffected.

2. If the customer is an accommodation guest, the hotel shall be liable for property brought into the hotel in accordance with Sections 701 et seq. BGB. According to this, liability is limited to one hundred times the room rate, up to a maximum of € 3,500.00, or € 800.00 for money and valuables.

3. The hotel shall be liable in accordance with paragraph 1 for damage to the customer's vehicle parked in a parking space in the hotel car park caused by the hotel, its employees or agents. The customer is obliged to report any such damage immediately, and in any case to report obvious damage before leaving the hotel garage/car park. The hotel shall not be liable for damage for which other customers/tenants or other third parties are solely responsible. The hotel is not liable in relation to customers for damage caused by the customer's vehicle to the legal property of third parties. The liability for damages resulting from injury to life, body or health, as well as the liability for intent and gross negligence of the hotel remains unaffected.

X. Liability of the customer

1. The customer shall be liable for damage to buildings and/or inventory caused by himself, his family members or guests, event participants or visitors, employees or other third parties from his area in accordance with the statutory provisions. It is the customer's responsibility to take out adequate insurance for such liability cases. The hotel is entitled to demand proof of appropriate insurance.

XI. Data protection

Our data protection policy towards our customers can be found in our privacy policy.

XII. Final provisions

1. Amendments or additions to the contract, including this written form clause, must be made in writing.

2. Place of fulfilment and payment is the registered office of the hotel.

3. The exclusive place of jurisdiction - also for cheque and bill of exchange disputes - in commercial transactions is the registered office of the hotel. If the customer has no general place of jurisdiction in Germany, the place of jurisdiction shall also be the hotel's registered office.

4. German law shall apply.

5. Should individual provisions of these General Terms and Conditions be invalid or void, this shall not affect the validity of the remaining provisions. The same applies to contractual loopholes. In all other respects, the statutory provisions shall apply.

XIII. Supplementary provisions for the purchase of vouchers

1. acceptance of the customer's contractual offer in accordance with Clause II. 1. of these GTC takes place in the case of a voucher order at the time the customer receives the voucher from the hotel.

2. on the basis of a voucher purchased from the hotel, the customer is entitled to demand the service listed in the voucher from the hotel. The service to be provided by the hotel on the basis of the voucher shall be provided on the basis of these GTC. The hotel is only obliged to provide the service upon presentation of the voucher (small bearer paper in accordance with §§ 807, 793ff. of the German Civil Code).

3. the customer is entitled to pass on the voucher to third parties, in particular to give it as a gift. At the customer's request, the hotel will specify a third party on the voucher form who is to receive the voucher. The specification of a name on the voucher does not affect the legal quality of the voucher as described in Clause XII. 2.

4. if the customer is a consumer and concludes a contract with the hotel by purchasing a voucher using exclusively means of distance communication, he is entitled to a right of cancellation in accordance with §§ 312d, 355 BGB. Means of distance communication are means of communication that can be used to initiate or conclude a contract between a consumer and an entrepreneur without the simultaneous physical presence of the contracting parties, in particular letters, catalogues, telephone calls, faxes, e-mails as well as radio, tele and media services. There is no right of cancellation if the voucher relates to the provision of services in the areas of accommodation, transport, delivery of food and beverages and leisure activities and the hotel has undertaken to provide the services at a specific time or within a precisely specified period. This is particularly the case for vouchers with a specific reservation date.

5. the customer is no longer bound by his application if he cancels this contract within a period of two weeks (cancellation period) in cases in which he is entitled to a right of cancellation in accordance with Section XIII.4. The cancellation period begins on the day after receipt of this instruction in text form, in the case of delivery of goods on the day after receipt of the goods by the recipient. In the case of cancellation after conclusion of the contract, the aforementioned period is four weeks. The cancellation does not have to contain any reasons and must be sent to the hotel in text form (e.g. by letter, email or fax). Timely dispatch of the cancellation to the hotel shall suffice to meet the deadline.