General terms and conditions for hotel accommodation
I. Scope
- These terms and conditions apply to contracts for the rental of hotel rooms from the Parkhotel Obertshausen for accommodation as well as for all other services and deliveries from the Parkhotel Obertshausen for the customer (uniform designation for customer, organizer, guest, etc.).
- The subletting or re-letting of the leased rooms, the use of the leased hotel rooms for purposes other than accommodation, public invitations or other advertising measures for interviews, sales and similar events and the use of hotel areas outside the leased rooms for the aforementioned events require prior written consent from the Parkhotel Obertshausen and can be made dependent on the payment of an additional fee. Section 540 (1) sentence 2 of the German Civil Code (BGB) does not apply unless the customer is a consumer.
- Only these terms and conditions are part of the contract. The customer's terms and conditions only apply if this has been expressly agreed in writing beforehand.
II. Conclusion of contract, partners; Statute of limitations
- The contract is concluded when Parkhotel Obertshausen accepts the customer's application. Parkhotel Obertshausen is free to confirm the room booking in writing.
- If a third party has ordered for the customer, he and the customer are jointly and severally liable to Parkhotel Obertshausen for all obligations arising from the hotel accommodation contract, provided that Parkhotel Obertshausen has received a corresponding declaration from the third party.
- The customer is obliged to inform Parkhotel Obertshausen, at the latest when the contract is concluded, if the use of the hotel service due to political, religious or other nature of this use is likely to endanger the smooth business operations, the security or the reputation of Parkhotel Obertshausen in public.
- The limitation period for all claims by the customer is six months from the end of the contract. This limitation of liability and short limitation period apply in favor of Parkhotel Obertshausen even in the event of a breach of obligations when initiating a contract, positive breach of contract and unauthorized acts. The shortening of the limitation period does not apply to claims based on an intentional or grossly negligent breach of duty by Parkhotel Obertshausen Parkhotel.
III. Services, prices, payment, offsetting
- The customer is obliged to pay the applicable or agreed prices of Parkhotel Obertshausen for the provision of rooms and the other services used. This also applies to services and expenses of Parkhotel Obertshausen to third parties initiated by the customer.
- If there are more than four months between the conclusion of the contract and the fulfillment of the contract and the statutory sales tax changes during this period, the prices will be adjusted accordingly.
- If the period between the conclusion of the contract and the fulfillment of the contract exceeds four months and the price generally charged by Parkhotel Obertshausen for such services increases, Parkhotel Obertshausen can increase the contractually agreed price appropriately, but no more than 5%. For each additional year between the conclusion of the contract and the fulfillment of the contract beyond the four months, the upper limit increases by a further 5%. Price changes according to number 2 are not taken into account.
- The prices can also be changed by Parkhotel Obertshausen if the customer subsequently wishes to change the number of rooms booked, the hotel's services or the length of stay of the guests and Parkhotel Obertshausen agrees to this.
- Parkhotel Obertshausen invoices and payment (cash, credit card or EC card) takes place after the end of the stay, unless otherwise agreed in writing. Parkhotel Obertshausen is entitled to make accrued claims due at any time and to demand immediate payment. In the event of default in payment, Parkhotel Obertshausen is entitled to demand the applicable statutory default interest. Parkhotel Obertshausen reserves the right to provide evidence of higher damage.
- For each reminder after the occurrence of default, the customer has to reimburse Parkhotel Obertshausen for reminder costs of € 5. The customer is free to provide evidence that no or only significantly lower costs were incurred.
- Parkhotel Obertshausen is entitled to request a reasonable advance payment or security deposit upon conclusion of the contract or afterwards, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
- The customer can only offset or reduce an undisputed or legally binding claim against a claim from Parkhotel Obertshausen or exercise a right of retention.
IV. Withdrawal by the customer (cancellation, cancellation) / failure to use the services of Parkhotel Obertshausen
- Cancellation by the customer of the contract concluded with Parkhotel Obertshausen requires the written consent of Parkhotel Obertshausen. If this is not done, the price agreed in the contract must be paid even if the customer does not make use of the contractual services. This does not apply in the event of a breach of Parkhotel Obertshausen's obligation to take into account the rights, legal interests and interests of the customer, if he can no longer be expected to adhere to the contract or if he is entitled to any other statutory or contractual right of withdrawal.
- If Parkhotel Obertshausen and the customer have agreed in writing to withdraw from the contract free of charge, the customer can withdraw from the contract until then without triggering any claims for payment or damages on the part of Parkhotel Obertshausen. The customer's right of withdrawal expires if he does not exercise his right of withdrawal in writing by the agreed date vis-à-vis Parkhotel Obertshausen, unless there is a case of withdrawal by the customer in accordance with number 1 sentence 3.
- In the case of rooms not used by the customer, Parkhotel Obertshausen has to offset the income from renting the rooms to other parties as well as the saved expenses.
- Parkhotel Obertshausen is free to demand the contractually agreed remuneration and to apply a flat rate deduction for saved expenses. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for overnight accommodation with or without breakfast and for flat-rate arrangements with third-party services, 70% for half-board and 60% for full-board arrangements.
The customer is free to prove that the above-mentioned claim did not arise or did not arise in the required amount.
V. Resignation of Parkhotel Obertshausen, unapproved events
- If the customer's right to withdraw free of charge has been agreed in writing within a certain period of time, Parkhotel Obertshausen is entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked rooms and the customer, upon inquiry by Parkhotel Obertshausen, has the right to withdraw not waived. This applies accordingly if an option is granted, if there are other inquiries and the customer is not ready to make a firm booking in response to a request from Parkhotel Obertshausen.
- If an agreed advance payment or an advance payment requested in accordance with Clause III No. 7 above is not made even after a reasonable grace period set by Parkhotel Obertshausen has expired, Parkhotel Obertshausen is also entitled to withdraw from the contract.
- Furthermore, Parkhotel Obertshausen is entitled to extraordinarily withdraw from the contract for an objectively justified reason, for example if
· Force majeure (fire, strike, etc.) or other circumstances for which Parkhotel Obertshausen is not responsible make it impossible to fulfill the contract;
· Hotel services are booked with misleading or false information about essential facts, e.g. regarding the person of the customer or the purpose;
Parkhotel Obertshausenl has justified cause to believe that the use of the hotel service may jeopardize the smooth business operations, security or public reputation of Parkhotel Obertshausen, without this being attributable to Parkhotel Obertshausen's sphere of control or organization;
· There is a violation of Clause I No. 2. - Parkhotel Obertshausen can prevent or cancel unauthorized interviews, sales and similar events
- If Parkhotel Obertshausen is justified in withdrawing from the contract or if an unauthorized event is prevented in accordance with No. 4 above, the customer has no right to compensation.
- If Parkhotel Obertshausen has a claim for damages against the customer in the event of a withdrawal according to numbers 2 or 3 above, Parkhotel Obertshausen can set a flat rate for the claim. Clause IV No. 4 sentences 2 and 3 apply accordingly in this case.
VI. Room provision, handover and return
- The customer does not acquire the right to be provided specific rooms.
- Booked rooms are available to the customer from 3 p.m. on the agreed arrival date. The customer has no right to earlier availability. Unless a later arrival time has been expressly agreed or the room in question has not been paid for in advance, Parkhotel Obertshausen has the right to reassign booked rooms after 6 p.m. without the customer being able to derive a claim against Parkhotel Obertshausen from this. Parkhotel Obertshausen's claims under Clause IV remain unaffected by this provision. There is no obligation to allocate it elsewhere.
- On the agreed departure date, the rooms must be vacated and made available to Parkhotel Obertshausen no later than 10:00 a.m. After that, Parkhotel Obertshausen can charge 50% of the full accommodation price due to the late vacating of the room for its use beyond the contract up to 6 p.m., 100% from 6 p.m. This does not justify contractual claims by the customer. He is free to prove that Parkhotel Obertshausen has no or a significantly lower claim to usage fee.
VII. Parkhotel Obertshausen's liability
- Parkhotel Obertshausen is liable for its obligations under the contract with the diligence of a prudent businessman. Customer claims for compensation are excluded. Excluded from this are damage resulting from injury to life, limb or health if Parkhotel Obertshausen is responsible for the breach of duty, as well as other damage based on an intentional or grossly negligent breach of duty by Parkhotel Obertshausen, and damage caused by an intentional or negligent breach of typical contractual obligations by Parkhotel Obertshausen. A breach of duty by Parkhotel Obertshausen is equivalent to that of a legal representative or vicarious agent. Should disruptions or deficiencies in the services of Parkhotel Obertshausen occur, Parkhotel Obertshausen will endeavor to remedy the situation if the customer becomes aware of this or if the customer complains immediately. The customer is obliged to do what is reasonable for him to remedy the disruption and to keep possible damage to a minimum. In addition, the customer is obliged to inform Parkhotel Obertshausen in good time about the possibility of exceptionally high damage.
- Parkhotel Obertshausen is liable to the customer for items brought in according to the statutory provisions. That is up to 100 times the room rate, up to a maximum of € 3,500, and up to € 800 for money, securities and valuables. The liability claims expire if the customer does not notify the hotel immediately after gaining knowledge of loss, destruction or damage (§ 703 BGB). For any further liability on the part of Parkhotel Obertshausen, the above number 1 sentences 2 to 4 apply accordingly.
- Items left behind by the customer will only be forwarded on request, at the risk and expense of the customer. Parkhotel Obertshausen keeps the items for three months and charges a reasonable fee for them; then, if there is a recognizable value, they are handed over to the local lost property office. The above number 1 sentences 2 to 4 apply accordingly.
- If the customer is provided with a parking space in the hotel car park, this does not result in a custody contract. Parkhotel Obertshausen is not obliged to monitor. Parkhotel Obertshausen is not liable for loss of or damage to vehicles parked or maneuvered on the hotel property and their contents, except in the case of intent or gross negligence. The above number 1 sentences 2 to 4 apply accordingly. Parkhotel Obertshausen must be notified of any damage immediately.
- Messages, mail and merchandise deliveries for guests are handled with care. Parkhotel Obertshausen takes care of the delivery, storage and - on request - forwarding the same for a fee. The above number 1 sentences 2 to 4 apply accordingly.
- Parkhotel Obertshausen provides free WiFi for guests. We are not liable for the data used by the guest or the data requested by the customer. Liability falls solely on the customer.
VIII. Customer liability for damage
The customer Parkhotel Obertshausen is liable for damage or losses that occur during the term of the contract, provided that the damage is not in Parkhotel Obertshausen's area of responsibility or was caused by a third party and the third party actually pays compensation, which must be proven by the customer.
IX. Final provisions
- Changes or additions to the contract, the acceptance of applications or these terms and conditions for hotel accommodation must be made in writing to be effective. Unilateral changes or additions by the customer are invalid.
- Place of fulfillment and payment is the seat of Parkhotel Obertshausen, Obertshausen.
- The exclusive place of jurisdiction - also for check disputes - is Offenbach for commercial transactions. The same applies if the customer fulfills the requirements of Section 38 (2) ZPO and does not have a general place of jurisdiction in Germany.
- German law applies. The application of the UN sales law and the conflict of laws is excluded.
- 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. In this case, the parties will agree on a new regulation that comes as close as possible to the meaning of the invalid one.
Status: 02/01/2011
Terms and conditions for events
I. Scope
- These terms and conditions apply to contracts for the rental of conference, banquet, event rooms and other premises of Parkhotel Obertshausen for the implementation of events of all kinds as well as for all related other services and deliveries by Parkhotel Obertshausen.
- The subletting or re-letting of the leased rooms, areas or showcases as well as public invitations or other advertising measures for interviews, sales or similar events require the prior written consent of Parkhotel Obertshausen, whereby Section 540 (1) sentence 2 BGB is waived if the customer (uniform designation for customer, organizer, guest, etc.) is not a consumer.
- Only these terms and conditions are part of the contract. The customer's terms and conditions only apply if this has been expressly agreed in writing beforehand.
II. Conclusion of contract, contract partners, liability, statute of limitations
- The contract is concluded when Parkhotel Obertshausen accepts the customer's application in the form of an order confirmation.
- If a third party has ordered for the customer, he and the customer are jointly and severally liable to Parkhotel Obertshausen for all obligations arising from the event contract, provided that Parkhotel Obertshausen has received a corresponding declaration from the third party.
- The customer is obliged to inform Parkhotel Obertshausen about this without being asked at the latest when the contract is concluded, provided that the political, religious or other nature of the event is suitable to arouse public interest or to endanger the smooth business operations, the safety or the public image of Parkhotel Obertshausen . Newspaper advertisements, other advertising measures and publications that relate to the company and / or contain, for example, invitations to job interviews or sales events, generally require the written consent of Parkhotel Obertshausen. Parkhotel Obertshausen has the right to cancel the event if the customer violates this duty to inform or if the publication is published without such consent. In this case, Section IV 3 of the General Terms and Conditions (payment of rent and reasonable remuneration) apply.
- Parkhotel Obertshausen is liable for its obligations under the contract with the diligence of a prudent businessman. Customer claims for compensation are excluded. Excluded from this are damage resulting from injury to life, limb or health if Parkhotel Obertshausen is responsible for the breach of duty, as well as other damage based on an intentional or grossly negligent breach of duty by Parkhotel Obertshausen, and damage caused by an intentional or negligent breach of typical contractual obligations by Parkhotel Obertshausen. A breach of duty by Parkhotel Obertshausen is equivalent to that of a legal representative or vicarious agent. Should disruptions or deficiencies in the services of Parkhotel Obertshausen occur, Parkhotel Obertshausen will endeavor to remedy the situation if the customer becomes aware of this or if the customer complains immediately. The customer is obliged to do what is reasonable for him to remedy the disruption and to keep possible damage to a minimum. In addition, the customer is obliged to inform Parkhotel Obertshausen in good time about the possibility of exceptionally high damage.
- Messages, mail and shipments of goods for the customer are handled with care. Parkhotel Obertshausen takes care of the delivery, storage and - on request - forwarding the same for a fee. Number 4 sentences 2 to 4 above apply accordingly.
- If the customer is provided with a parking space in a hotel car park, this does not result in a custody contract. Parkhotel Obertshausen is not obliged to monitor. Parkhotel Obertshausen is not liable for loss of or damage to vehicles parked or maneuvered on the hotel property or their contents, except in the case of intent or gross negligence. Number 4 sentences 2 to 4 above apply accordingly. Parkhotel Obertshausen must be notified of any damage immediately.
- The limitation period for all claims by the customer is six months from the end of the contract. This limitation of liability and short limitation period apply in favor of Parkhotel Obertshausen even in the event of a breach of obligations when initiating a contract, positive breach of contract and unauthorized acts. The shortening of the limitation period does not apply to claims based on an intentional or grossly negligent breach of duty by Parkhotel Obertshausen.
III. Services, prices, payment, offsetting, liability
- The customer is obliged to pay the Parkhotel Obertshausen prices or the agreed or customary prices for the services ordered and for other services used. This also applies to services and expenses initiated by Parkhotel Obertshausen to third parties, in particular to claims from copyright collecting societies.
- If a minimum turnover has been agreed and this is not achieved, Parkhotel Obertshausen can demand 60% of the difference as lost profit, unless the customer can prove lower damage or Parkhotel Obertshausen higher damage.
- If there are more than four months between the conclusion of the contract and the event and the statutory sales tax changes, the prices will be adjusted accordingly.
- If the period between the conclusion of the contract and the event exceeds four months and the price generally charged by Parkhotel Obertshausen for such services increases, the contractually agreed price can be increased appropriately, but no more than 5%. For each additional year between the conclusion of the contract and the event beyond these four months, the upper limit increases by a further 5%. Price changes according to No. 3 are not taken into account.
- Parkhotel Obertshausen will issue an invoice and payment (cash, by credit card or EC card), unless otherwise agreed in writing, after the event has ended. Parkhotel Obertshausen is entitled to make accrued claims due at any time and to demand immediate payment. In the event of default in payment, Parkhotel Obertshausen is entitled to demand the applicable statutory default interest. Parkhotel Obertshausen reserves the right to provide evidence of higher damage.
- For each reminder after the occurrence of default, the customer has to reimburse Parkhotel Obertshausen for reminder costs of € 5. The customer is free to provide evidence that no or only significantly lower costs were incurred.
- Parkhotel Obertshausen is entitled to request an advance payment from the customer or a third party who has ordered or is acting for him when the contract is concluded or thereafter. As far as Parkhotel Obertshausen requires this, this is based on the amount of the minimum sales or the calculated fixed costs. Advance payments are to be made in cash fourteen days before the event or must have been received on the Parkhotel Obertshausen bank account at this point in time. Parkhotel Obertshausen reserves the right to issue an advance invoice. Invoicing and payment see section III 5.
- The customer can only offset or reduce an undisputed or legally binding claim against a claim from Parkhotel Obertshausen or exercise a right of retention.
- Parkhotel Obertshausen's liability is limited to the amount of the agreed price, with the exception of §§ 701 ff BGB.
IV. Withdrawal by the customer (cancellation, cancellation and no-show)
- Cancellation by the customer of the contract concluded with Parkhotel Obertshausen free of charge requires the written consent of Parkhotel Obertshausen. If this is not done, the costs listed below under item 3 must be paid in any case.
This does not apply in the event of grossly negligent or willful breach of the obligation of Parkhotel Obertshausen to take into account the rights, legal interests and interests of the customer if the customer can no longer be expected to adhere to the contract or if he is entitled to any other statutory or contractual right of withdrawal. - If Parkhotel Obertshausen and the customer have agreed in writing an appointment to withdraw from the contract free of charge, the customer can withdraw from the contract until then without triggering any claims for payment or damages on the part of Parkhotel Obertshausen. The customer's right of withdrawal expires if he does not exercise his right to withdraw in writing by the agreed date vis-à-vis Parkhotel Obertshausen, unless there is a case in accordance with number 1 sentence 2.
- If the customer withdraws, the following costs apply:
Cancellation before the event
over 6 months:
Calculation 10% of the rent
3 to 6 months:
Calculation of 20% of the rent or minimum sales
1 to 3 months:
Calculation of 50% of the rent or minimum sales
up to 1 month:
Calculation of rent or minimum sales and replacement of 50% of lost sales (e.g. food and drinks);
if this has not yet been specifically determined, an average turnover of € 30 per person is deemed to have been agreed.
up to the 7th day:
Calculation of the rent or the minimum turnover and replacement of 75% of the lost turnover (e.g. food and drinks); if this has not yet been specifically determined, an average turnover of € 30 per person is deemed to have been agreed.
from the 7th day:
Calculation of the rent or the minimum sales and reimbursement of 90% of the lost sales (e.g. food and drinks); if this has not yet been specifically determined, an average turnover of € 30 per person is deemed to have been agreed.
If Parkhotel Obertshausen uses the services of third parties (e.g. ordering a chapel), it is entitled to charge the costs claimed by the third party in full to the customer or a third party acting on his behalf.
- The calculation of the turnover according to section 3 is based on the formula: agreed menu price of the event plus. Drinks x number of participants. Drinks are charged at a third of the menu price.
- If a conference flat rate has been agreed for each participant, the following applies:
Cancellation before the event
over 6 months:
10% of the rent or the minimum turnover
3 to 6 months:
20% of the rent or the minimum turnover
1 to 3 months:
50% of the rent or the minimum turnover
up to 1 month:
50% of the conference package / participant
up to the 7th day:
75% of the conference package / participant
from the 7th day:
90% of the conference package / participant
- The deduction of saved expenses is taken into account by numbers 3 to 5. The customer is free to prove that the above-mentioned claim did not arise or did not arise in the required amount.
- The above regulations apply mutatis mutandis to the case of the mere non-appearance (i.e. without cancellation / declaration of withdrawal or similar in accordance with the above regulations) by the customer.
V. Resignation of Parkhotel Obertshausen
- If the customer's right to withdraw from the contract free of charge has been agreed in writing within a certain period, Parkhotel Obertshausen is entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked event rooms and the customer, upon request from Parkhotel Obertshausen, has the right to withdraw not waived. This applies accordingly if an option is granted, if there are other inquiries and the customer is not ready to make a firm booking in response to a request from Parkhotel Obertshausen.
- If an agreed advance payment or an advance payment requested in accordance with Clause III No. 7 above is not made, Parkhotel Obertshausen is also entitled to withdraw from the contract.
- Parkhotel Obertshausen is also entitled to withdraw from the contract for an objectively justified reason, for example if
Force majeure (fire, strike, etc.) or other circumstances for which Parkhotel Obertshausen is not responsible make it impossible to fulfill the contract;
Events with misleading or false information about essential facts, e. B. the customer or the purpose;
Parkhotel Obertshausen has justified cause to believe that the event may jeopardize the smooth business operations, security or public reputation of Parkhotel Obertshausen, without this being attributable to Parkhotel Obertshausen's sphere of control or organization;
· There is a violation of Clause I No. 2.
- If Parkhotel Obertshausen is justified in withdrawing from the contract, the customer has no right to compensation. If Parkhotel Obertshausen has a claim for damages against the customer in the event of a withdrawal in accordance with numbers 2 or 3 above, Parkhotel Obertshausen can set a flat rate for the claim. Clause IV numbers 3 to 6 apply accordingly.
VI. Changes in the number of participants and the time of the event
- Parkhotel Obertshausen must be notified of a change in the number of participants by more than 5% no later than five working days before the start of the event; it requires the written consent of Parkhotel Obertshausen.
- A reduction in the number of participants by the customer by a maximum of 5% will be recognized by Parkhotel Obertshausen in the billing. In the event of any further deviations, the originally agreed number of participants minus 5% will be used. The customer has the right to reduce the agreed price by proof of the expenses saved due to the lower number of participants.
- In the event of an upward deviation, the actual number of participants will be charged.
- If the number of participants deviates by more than 10%, Parkhotel Obertshausen is entitled to re-set the agreed prices and to swap the confirmed rooms, unless this is unreasonable for the customer.
- If the agreed start or end times of the event are postponed or if they go beyond midnight and Parkhotel Obertshausen agrees to these deviations, Parkhotel Obertshausen can appropriately invoice the additional service, unless Parkhotel Obertshausen is at fault.
VII. Bringing / taking away food and drinks
- The customer is generally not allowed to bring food and drinks to events. In special cases (wedding cake) that require written approval, a service fee will be charged. If the cake is consumed, the cover charge is € 3.50 per person.
- The meals from the buffet are only intended for consumption within our premises. For organizational and food law reasons, it is not permitted to take them with you.
VIII. Technical equipment and connections; official permits
- Insofar as Parkhotel Obertshausen procures technical and other equipment from third parties for the customer at the customer's request, Parkhotel Obertshausen acts in the name, on the power of attorney and for the account of the customer. The customer is liable for careful handling and proper return. He releases Parkhotel Obertshausen from all claims by third parties from the provision of these facilities.
- The use of the customer's own electrical systems using the Parkhotel Obertshausen power grid requires the written consent of Parkhotel Obertshausen; this can be made dependent on the provision of a hotel technician for a fee. Malfunctions or damage to the technical systems of Parkhotel Obertshausen caused by the use of these devices are at the expense of the customer, unless Parkhotel Obertshausen is responsible for them. Parkhotel Obertshausen is allowed to record and calculate the electricity costs incurred through the use.
- With the consent of Parkhotel Obertshausen, the customer is entitled to use his own telephone, fax and data transmission equipment. Parkhotel Obertshausen can charge a connection fee for this.
- If suitable Parkhotel Obertshausen systems remain unused due to the connection of the customer's own systems, a cancellation fee can be charged.
- Faults in technical or other equipment made available by Parkhotel Obertshausen will be eliminated immediately if possible. Payments cannot be withheld or reduced if Parkhotel Obertshausen is not responsible for these disruptions.
- The customer must obtain the official permits required for the event in good time at his own expense. He is responsible for compliance with public law requirements and other regulations. For the event to be paid to third parties, in particular GEMA fees, entertainment tax, etc., he has to pay directly to the creditor.
VIII. Technical equipment and connections; official permits
- Insofar as Parkhotel Obertshausen procures technical and other equipment from third parties for the customer at the customer's request, Parkhotel Obertshausen acts in the name, on the power of attorney and for the account of the customer. The customer is liable for careful handling and proper return. He releases Parkhotel Obertshausen from all claims by third parties from the provision of these facilities.
- The use of the customer's own electrical systems using the Parkhotel Obertshausen power grid requires the written consent of Parkhotel Obertshausen; this can be made dependent on the provision of a hotel technician for a fee. Malfunctions or damage to the technical systems of Parkhotel Obertshausen caused by the use of these devices are at the expense of the customer, unless Parkhotel Obertshausen is responsible for them. Parkhotel Obertshausen is allowed to record and calculate the electricity costs incurred through the use.
- With the consent of Parkhotel Obertshausen, the customer is entitled to use his own telephone, fax and data transmission equipment. Parkhotel Obertshausen can charge a connection fee for this.
- If suitable Parkhotel Obertshausen systems remain unused due to the connection of the customer's own systems, a cancellation fee can be charged.
- Faults in technical or other equipment made available by Parkhotel Obertshausen will be eliminated immediately if possible. Payments cannot be withheld or reduced if Parkhotel Obertshausen is not responsible for these disruptions.
- The customer must obtain the official permits required for the event in good time at his own expense. He is responsible for compliance with public law requirements and other regulations. For the event to be paid to third parties, in particular GEMA fees, entertainment tax, etc., he has to pay directly to the creditor.
IX. Loss of or damage to items brought along
- Exhibition items or other items, including personal items, are at the risk of the customer in the event rooms of Parkhotel Obertshausen. Parkhotel Obertshausen assumes no liability for loss, destruction or damage, not even for financial loss, except in the case of gross negligence or intent on the part of Parkhotel Obertshausen. This does not include damage resulting from injury to life, limb or health. In addition, all cases in which safekeeping is a typical contractual obligation due to the circumstances of the individual case are excluded from this exemption from liability. Apart from the cases mentioned in sentence 4, a safekeeping contract requires an express agreement.
- The attachment of decorative material or similar, as well as the use of areas outside the rented rooms, e.g. for exhibition purposes, require the written consent of Parkhotel Obertshausen and can be made dependent on the payment of an additional fee. Decoration material brought in and other items brought in by customers must comply with fire protection requirements and other official regulations. Parkhotel Obertshausen is entitled to request official proof of this. If such evidence is not provided, Parkhotel Obertshausen is entitled to remove material that has already been brought in at the customer's expense. Because of possible damage, the setting up and attachment of objects must be coordinated with Parkhotel Obertshausen in advance.
- Exhibition or other items brought along must be removed and picked up immediately, but no later than 12 hours after the end of the event. If the customer fails to do this, Parkhotel Obertshausen may remove and store it at the customer's expense. If storage takes place in Parkhotel Obertshausen, the customer owes appropriate remuneration, at least in the amount of the rental costs for the room used for the event. Garbage left behind by the customer can be disposed of by Parkhotel Obertshausen at the customer's expense. The customer is free to prove that the above-mentioned claim did not arise or did not arise in the required amount.
- Other items left behind by the event participants will only be forwarded on request, at the risk and expense of the participant concerned. Parkhotel Obertshausen keeps the items for three months and charges a reasonable fee for them. After the three months have elapsed, the items will be handed over to the local lost property office, provided they have a recognizable value.
X. Customer liability for damage
- The customer Parkhotel Obertshausen is liable for damage or loss that occurs during the term of the contract, provided that the damage is not within Parkhotel Obertshausen's area of responsibility or was caused by a third party and the third party actually pays compensation, which must be proven by the customer. If the customer is an entrepreneur, he is liable for all damage to buildings or inventory caused by event participants or visitors, employees, other third parties in his area or himself. This applies accordingly if the customer is a legal entity under public law, a party or a trade union.
- Parkhotel Obertshausen can request the provision of appropriate securities (e.g. insurance, deposits, guarantees) from the customer.
XI. Final provisions
- Changes or additions to the contract, the acceptance of applications or these terms and conditions for events must be made in writing to be effective. Unilateral changes or additions by the customer are invalid.
- The place of fulfillment and payment is the seat of Parkhotel Obertshausen Hotels, Obertshausen.
- The exclusive place of jurisdiction - also for check disputes - is the Offenbach District Court in commercial transactions. The same applies if the customer fulfills the requirements of Section 38 (2) ZPO and does not have a general place of jurisdiction in Germany.
- German law applies. The application of the UN sales law and the conflict of laws is excluded.
- Should individual provisions of these general terms and conditions for events be ineffective or void, this shall not affect the validity of the remaining provisions. In this case, the parties will agree on a new regulation that comes as close as possible to the meaning of the invalid one.