GENERAL TERMS AND CONDITIONS OF LINDENBERG HOSPITALITY GMBH
§ 1 SCOPE
- These General Terms and Conditions (GTC) apply to all services that LINDENBERG Hospitality GmbH or its respective subsidiaries provide to the guest, the organizer and other contractual partners (hereinafter „contractual partners“). The services consist in particular of the paid/rental use of rooms for accommodation, common areas, the sale of food and drinks (F&B), the organization of cultural and sporting events and other programs, special health-promoting measures or comparable offers, as well as for all related further services and deliveries of LINDENBERG Hospitality GmbH. LINDENBERG Hospitality GmbH is entitled to have its services performed by third parties.
- These terms and conditions refer to all types of contracts such as accommodation, package travel, contingent or event contracts that are concluded with LINDENBERG Hospitality GmbH. The GTC also apply to all future transactions with the contractual partner.
- The terms and conditions of the contractual partner do not apply, even if LINDENBERG Hospitality GmbH does not expressly object to them. Counter-confirmations of the contractual partner with reference to his general terms and conditions are hereby contradicted.
§ 2 CONCLUSION OF CONTRACT
- The respective contract is generally concluded after the contractual partner’s verbal or written request and through acceptance by LINDENBERG Hospitality GmbH. LINDENBERG Hospitality GmbH is free to accept the application in writing, verbally, in text form (e-mail, fax) or conclusively by providing a service.
- If the contractual partner concludes a so-called contingent contract, the contractual partner is liable for all damage culpably caused by the end user.
- The subletting or re-letting or the unrestricted use of the provided rooms by third parties and the use for purposes other than accommodation is only permitted if LINDENBERG Hospitality GmbH expressly permits this. LINDENBERG Hospitality GmbH can, at its discretion, issue a written exception upon request.
- If the reservation was made by third parties, they are liable to LINDENBERG Hospitality GmbH, together with the contractual partner, for all obligations arising from the accommodation amount.
§ 3 ROOM USE. ROOM DELIVERY. DEPARTURE
- The rooms are made available exclusively for accommodation purposes.
- The contractual partner is liable to LINDENBERG Hospitality GmbH for all damage caused by him or by third parties who receive the services of LINDENBERG Hospitality GmbH at his instigation.
- LINDENBERG Hospitality GmbH is obliged to keep a room booked by the contractual partner available and to provide the agreed services.
- The contractual partner has no right to use specific rooms. If rooms are unavailable in the lodging house, LINDENBERG Hospitality GmbH will inform the contractual partner immediately and offer an equivalent replacement in a nearby accommodation of the same category. If the contractual partner refuses, LINDENBERG Hospitality GmbH must immediately reimburse the services rendered by the contractual partner.
- LINDENBERG Hospitality GmbH has the right to access all rooms in the lodging house to maintain the correct occupancy and cleanliness.
- Booked rooms are available to the contractual partner from 4 p.m. on the day of arrival. Unless otherwise agreed, LINDENBERG Hospitality GmbH has the right to allocate booked rooms to someone else the next day if the contractual partner fails to appear without the contractual partner being able to derive any rights or claims from this.
- The rooms must be vacated by 12:00 p.m. on the day of departure. After that, LINDENBERG Hospitality GmbH can charge the daily room price for the additional use of the room up to 4:00 p.m., from 4:00 p.m. to 100% of the full accommodation price (list price).
- Long-term contractual partners (guests with more than 30 overnight stays) must carry out a room inspection and handover with an accommodation manager from LINDENBERG Hospitality GmbH 1 – 2 days before their departure. Otherwise, the determinations made by LINDENBERG Hospitality GmbH regarding the condition of the rented property on the day of departure are binding.
§ 4 EVENTS
- To enable careful preparation by LINDENBERG Hospitality GmbH, the contractual partner must notify LINDENBERG Hospitality GmbH of the final number of participants no later than three days before the start of the event. If the contractual partner reports a higher number of participants than the agreed number, this higher number of participants will only become part of the contract if LINDENBERG Hospitality GmbH agrees to this in writing. If LINDENBERG Hospitality GmbH does not agree in writing, the contractual partner is not entitled to hold the event with a higher number of participants. If LINDENBERG Hospitality GmbH agrees, billing will be based on the new agreement (possibly with additional expenses). The contractual partner is not entitled to approval. Billing is based on contractual agreements, regardless of the notification of the number of participants. If fewer participants participate in the event, this is irrelevant for billing.
- If the agreed time for the start of an event is postponed, LINDENBERG Hospitality GmbH is entitled to charge the contractual partner for all additional costs incurred as a result.
- Reserved rooms are only available to the contractual partner within the agreed-upon period. Any further use requires the written consent of LINDENBERG Hospitality GmbH and is generally only granted for an additional fee. We reserve the right to change rooms, provided these are reasonable for the contractual partner, considering the interests of LINDENBERG Hospitality GmbH.
- For events beyond midnight, LINDENBERG Hospitality GmbH may charge €50.00 plus VAT per booked service person and hour started. VAT invoice. The contractual partner is liable to LINDENBERG Hospitality GmbH for additional services to the event participants or third parties in connection with the event.
- The contractual partner must obtain all official approvals at its own expense unless otherwise expressly agreed in writing. The contractual partner complies with all relevant (regulatory) legal requirements. Fees to be paid to third parties for the event, such as GEMA fees, entertainment tax, etc., are to be paid immediately to the creditor by the contractual partner.
- The contractual partner is liable for the behaviour of its employees, event participants and other auxiliary staff as for its conduct. LINDENBERG Hospitality GmbH may require the contractual partner to provide appropriate security (e.g. insurance, deposits, guarantees).
- To prevent damage, the attachment and installation of decorative material or other items must be agreed upon with LINDENBERG Hospitality GmbH in advance. Exhibition and other objects brought along are to be removed after the end of the event. If the contractual partner does not comply with this regulation, LINDENBERG Hospitality GmbH has the right to remove and store it for a fee. Transport packaging, outer packaging and all other packaging materials brought in must be disposed of by the contractual partner at his own expense. The disposal can be carried out for a fee if the contractual partner leaves the packaging behind after the end of the event. All items brought in during the event, such as decorative material, must comply with all relevant regulatory requirements.
- LINDENBERG Hospitality GmbH does not provide insurance cover for objects brought in. Taking out any necessary insurance is the sole responsibility of the contractual partner.
- Malfunctions or defects in the facilities provided by LINDENBERG Hospitality GmbH will be remedied as much as possible for LINDENBERG Hospitality GmbH. The contractual partner cannot derive any claims in this connection.
- If the contractual partner brings in their own electrical systems, the consent of the accommodation manager is required before connecting to the power grid. The resulting power consumption is calculated according to the applicable supply and work prices charged by the utility company to LINDENBERG Hospitality GmbH. LINDENBERG Hospitality GmbH is free to make a flat-rate collection and calculation. Malfunctions or defects in the technical systems of LINDENBERG Hospitality GmbH that occur due to connection are at the expense of the contractual partner.
- If LINDENBERG Hospitality GmbH procures technical or other equipment from third parties for the contractual partner, LINDENBERG Hospitality GmbH acts in the name and for the account of the contractual partner; the latter is liable for the careful treatment and proper return of these facilities and releases LINDENBERG Hospitality GmbH from all third-party claims upon first written request. Liability on the part of LINDENBERG Hospitality GmbH for untimely procurement or defective equipment procured is excluded.
- The contractual partner may not bring food and drinks to the events. A written agreement can be made in exceptional cases (e.g. national specialities etc.); in such cases, a general cost fee will be charged after deducting the proportionate cost of goods used.
- Newspaper advertisements containing invitations to job interviews or sales events generally require the prior written consent of LINDENBERG Hospitality GmbH. If it is published without consent, LINDENBERG Hospitality GmbH has the right to cancel the event.
- Any advertising, information, or invitations that create a link to LINDENBERG Hospitality GmbH, in particular by using the name, requires the prior written consent of LINDENBERG Hospitality GmbH
§ 5 DELIVERY OF THE SERVICES, PRICES, PAYMENTS, OFFSET AND ASSIGNMENT
- The prices of the respective services are determined according to the price list of LINDENBERG Hospitality GmbH, valid at the time the service is provided. All prices include the z. Zt. Currently valid statutory sales tax. The prices include public taxes such as tourist taxes, cultural subsidies (so-called „bed tax“) and the like. Are not included. The contractual partner must also bear the charges mentioned. The respective amounts will be invoiced to him separately. Increases in sales tax are at the expense of the contractual partner. If the period between the conclusion of the contract and the first contractual service exceeds 120 days, LINDENBERG Hospitality GmbH has the right to increase prices by a maximum of 15%. Subsequent changes to the services can lead to changes in the prices. LINDENBERG Hospitality GmbH is entitled to demand an advance payment or security deposit of up to 100% of the contractual partner’s total payment obligation upon the contract’s conclusion. The amount of the advance payment and the payment dates can be recorded in the agreement
- If the contractual partner has booked within a period of time when a trade fair, major event or other event is taking place, and if such an event is postponed after the conclusion of the contract for reasons for which LINDENBERG Hospitality GmbH is not responsible, this contract shall apply to the new period if LINDENBERG Hospitality GmbH is able to fulfil the agreed services at this point in time. LINDENBERG Hospitality GmbH shall inform the contractual partner within a reasonable period of time whether it can fulfil its obligation to perform. If the service is not possible, especially if the booked rooms have already been rented to third parties for the new period, the parties can withdraw from the contract without giving reasons. The assertion of claims against the other party is excluded. This does not apply to services already granted. These are to be refunded or reimbursed.
- The price list can be continuously updated. The updated prices replace the previously valid prices and become part of this contract. The contractual partner will be notified in writing of the update at least 1 month in advance. In the event of a price increase, the contractual partner has an extraordinary right of termination at the beginning of the promised increase, in addition to the reasons for termination mentioned under § 8. This extraordinary right of termination must be declared in writing no later than 1 week before the start of the increase. Receipt by LINDENBERG Hospitality GmbH counts for the timeliness of the termination.
- LINDENBERG Hospitality GmbH’s claim for payment is due immediately after receipt of the respective invoice without deduction. An invoice is deemed to have been received by the invoice recipient by 3 days after dispatch unless an earlier receipt can be proven. In the event of a delay in payment, the statutory rules apply.
- The creation of an overall invoice does not release you from the timely payment of the individual invoices. Default in payment of even just one individual invoice entitles LINDENBERG Hospitality GmbH to withhold all further and future services and to make the fulfilment of the services dependent on a security deposit of up to 100% of the outstanding payment.
- A reminder fee of €10.00 is owed for each reminder. Invoices are to be paid immediately in cash or by credit card. LINDENBERG Hospitality GmbH is entitled to reject foreign exchange, checks and credit cards. Vouchers from tour operators are only accepted if there is a credit agreement with the company in question or if appropriate advance payments have been made. Reimbursement of unused services is excluded.
- The contractual partner can only offset against a claim of LINDENBERG Hospitality GmbH if his claim is undisputed or has been legally established. This applies analogously to the exercise of a right of retention due to the contractual partner’s claims. Claims and other rights may only be assigned with the written consent of LINDENBERG Hospitality GmbH.
- If the contractual partner uses a credit card to pay for products of LINDENBERG Hospitality GmbH with an obligation to pay in advance (e.g. general orders with advance payment or guaranteed booking) without presenting it physically (e.g. via telephone, Internet or similar), the contractual partner is in relation to the LINDENBERG Hospitality GmbH is not entitled to withdraw this charge from its credit card company.
§ 6 DATA PROTECTION, – EXCHANGE
The contractual partner is hereby informed in accordance with § 33 BDSG and § 3 TDDSG that LINDENBERG Hospitality GmbH processes its inventory data (name/address/period and length of stay) in machine-readable form and only for tasks resulting from the contract processed. LINDENBERG Hospitality GmbH is entitled to disclose contractual partner data if necessary to ensure operations (government authorities).
§ 7 WITHDRAWAL OF THE CONTRACTUAL PARTY
- The contractual partner has a right of withdrawal only in accordance with the statutory provisions or on the basis of the contractual agreement. If, in individual cases, a date for free withdrawal from the contract was agreed in writing between LINDENBERG Hospitality GmbH and the contractual partner when the contract was concluded, the contractual partner can only withdraw from the contract up to this date without triggering payment or damage claims on the part of LINDENBERG Hospitality GmbH. Otherwise, the contractual partner is obliged to pay the agreed fee even if he does not use the service of LINDENBERG Hospitality GmbH. However, LINDENBERG Hospitality GmbH must take into account the income from renting the rooms to other parties and the saved expenses.
- LINDENBERG Hospitality GmbH is free to make a flat-rate deduction for saved expenses.
- The contractual partner is entitled to provide evidence that the damage to LINDENBERG Hospitality GmbH is non-existent or less.
- If LINDENBERG Hospitality GmbH is otherwise able to provide the cancelled service to third parties within the agreed period, the contractual partner’s damages will be reduced by the amount that these third parties pay for the cancelled service, but at most until the entire damages are no longer paid.
- Until arrival, the contractual partner can demand that a third party take over the rights and obligations arising from the contract instead of him. LINDENBERG Hospitality GmbH can object to the entry of the third party if there are personal reasons that prevent rental. If a third party enters into the contract, he and the contractual partner are liable to LINDENBERG Hospitality GmbH as joint debtor for the agreed price and the additional costs incurred through the intervention of the third party.
§ 8 CANCELLATION / TERMINATION OF LINDENBERG HOSPITALITY GMBH
- According to the legal regulations, LINDENBERG Hospitality GmbH is entitled to withdraw from the contract (§ 323 BGB) or to terminate the contract (§ 314) if
- the contractual partner does not provide a service that is due
- the fulfilment of the contract is impossible due to force majeure, strikes or other circumstances for which LINDENBERG Hospitality GmbH is not responsible
- the contractual partner provides misleading or false information about essential data
- the contractual partner uses the name of LINDENBERG Hospitality GmbH in advertising measures without prior written consent
- contractual rooms are sublet in whole or in part without the written consent of LINDENBERG Hospitality GmbH
- LINDENBERG Hospitality GmbH has reasonable grounds to assume that the use of the accommodation service can jeopardize the smooth running of the business, the security or the reputation of LINDENBERG Hospitality GmbH in public
- LINDENBERG Hospitality GmbH has reasonable grounds to assume that the contractual partner is under the influence of drugs or alcohol or is behaving in an abusive manner towards other customers or staff. LINDENBERG Hospitality GmbH is entitled to evict the contractual partner from the house and terminate the contract without notice if he repeatedly disturbs the peace or harasses or insults other customers or staff.
- LINDENBERG Hospitality GmbH must inform the contractual partner in writing of the exercise of the withdrawal/termination immediately, at the latest, within 14 days after the reason has become known. The cancellation of the contract by LINDENBERG Hospitality GmbH does not justify any claims by the contractual partner for damages or other compensation payments. A claim by LINDENBERG Hospitality GmbH for compensation for damage incurred and for expenses incurred remains unaffected in the event of a justified termination of the contract.
§ 9 LIABILITY OF LINDENBERG HOSPITALITY GMBH, CONTRIBUTED AGREEMENT
- LINDENBERG Hospitality GmbH is only liable for the diligence of a prudent businessman and for all legal and contractual claims in the event of intentional or grossly negligent behaviour.
- As an exception, LINDENBERG Hospitality GmbH is liable for slight negligence in the event of damage
- which are based on the breach of essential contractual obligations. In these cases, liability is limited to the foreseeable damage typical of the contract
- due to injury to life, limb or health.
- Liability on the part of LINDENBERG Hospitality GmbH for consequential or indirect damage is excluded. LINDENBERG Hospitality GmbH is not liable for consequential, indirect, or unforeseen, unavoidable, and extraordinary service disruptions due to force majeure. Cases of force majeure are those that are beyond the sphere of influence of LINDENBERG Hospitality GmbH, such as natural disasters, public unrest.
- Exclusions and limitations of liability apply equally in favour of all companies, their subcontractors and vicarious agents used by LINDENBERG Hospitality GmbH to fulfil its contractual obligations. They do not apply if LINDENBERG Hospitality GmbH assumes a guarantee for the quality of an item or a work or in the case of fraudulently concealed errors.
- The contractual partner is obligated to notify the lodging house of recognizable defects immediately, at the latest upon departure.
- The legal provisions of §§ 701 ff BGB apply to items brought in by the contractual partner.
- Items left behind by the contractual partner/overnight guests will only be forwarded at the contractual partner’s request, risk and expense. LINDENBERG Hospitality GmbH stores the items for 12 months and charges a reasonable fee for this. The items will then be handed over to the local lost and found office, provided they are of recognizable value.
- All claims of the contractual partner against LINDENBERG Hospitality GmbH arising from or in connection with the contract become statute-barred after one year, beginning at the end of the year in which the claim arose and the contractual partner became aware of the circumstances justifying the claim or without gross must have acquired negligence.
§ 10 ADDITIONAL PROVISIONS FOR PACKAGE TRAVEL AGREEMENTS
- If the performance obligation of LINDENBERG Hospitality GmbH consists of the organization of a leisure program as a paid personal contribution in addition to the provision of board and lodging, this constitutes a so-called package travel contract.
- Due to changes, deviations or reductions in individual services within the framework of a package travel contract, which become necessary after the conclusion of the agreement, the contractual partner can only assert claims if they are insignificant.
- If agreed and provided services are not used by the contractual partner, a reduction or reimbursement of the total fee is not possible.
- LINDENBERG Hospitality GmbH is not liable for damage suffered by the contractual partner as a result of using a special service from a third party. In this respect, the contractual partner is referred to the enforcement of his claims against the respective organizer of the special service.
§ 11 PLACE OF PERFORMANCE AND PAYMENT, PLACE OF JURISDICTION, SIDE AGREEMENTS, PARTIAL INEFFECTIVENESS
- The place of performance and payment for both parties is the registered office of the respective company of LINDENBERG Hospitality GmbH.
- German law applies exclusively. The application of UN sales law or international private law is expressly excluded.
- The exclusive place of jurisdiction is the registered office of LINDENBERG Hospitality GmbH.
- Should individual provisions of the contract, including these terms and conditions, be ineffective, the remaining provisions are not affected. The parties will immediately replace the ineffective provisions with effective ones that come as close to the intended purpose and economic importance. The same applies in the event that there are loopholes in the contract.
Frankfurt am Main in October 2015