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General Terms and Conditions for Events

Atrium ACC3 Gebäude Außenansicht

I. Scope of Application

  • These terms and conditions apply to contracts regarding the temporary rental of the hotel’s conference, banquet, and event facilities for events such as banquets, seminars, meetings, exhibitions, and presentations, as well as to all related services and deliveries provided by the hotel.

  • The subletting or further leasing of the rooms, areas, or display cases provided, as well as invitations to interviews, sales events, or similar gatherings, require prior written consent from the hotel. Section 540 (1), sentence 2 of the German Civil Code (BGB) shall not apply if the customer is not a consumer.

  • The customer’s own general terms and conditions apply only if explicitly agreed in writing in advance.

II. Conclusion of Contract, Contracting Parties, Liability, Statute of Limitations

  • The contract comes into effect upon acceptance of the customer’s request by the hotel. The hotel and the customer are the contracting parties.

  • If the customer is not the event organizer and a commercial intermediary or organizer is involved, both the customer and the event organizer are jointly liable for all obligations arising from the contract, provided a corresponding declaration from the organizer is submitted to the hotel.

  • The hotel shall be liable with the diligence of a prudent business. Claims for damages by the customer are excluded, except for:

    • injury to life, body, or health caused by the hotel’s negligence,

    • damages due to intentional or grossly negligent breach of duty by the hotel,

    • or typical contractual obligations negligently breached by the hotel.

    Liability also applies to legal representatives or vicarious agents of the hotel. Customers must promptly report any service disruptions. They are also obliged to contribute reasonably to remedy the issue and limit potential damage.

  • All claims against the hotel generally expire after one year from the start of the legal limitation period. Claims for damages expire after five years, regardless of knowledge. These limitations do not apply in cases of intentional or gross negligence.

III. Services, Prices, Payment, Set-off

  • The hotel is obliged to provide the services ordered by the customer and confirmed by the hotel.

  • The customer must pay the agreed or customary prices for all services used, including those requested from third parties by the hotel (e.g. copyright collection agencies).

  • All prices include the applicable VAT.
    If the VAT rate changes, prices will be adjusted accordingly.
    If more than four months lie between the contract signing and the event and the hotel’s general prices increase, the hotel may raise the agreed price by up to 5%.

  • Invoices without a payment due date are payable within 10 days from receipt without deduction. The hotel may demand immediate payment for outstanding amounts and apply statutory default interest. Higher damages may also be claimed.

  • The hotel is entitled to request an appropriate advance payment at any time. The amount and due dates may be agreed in writing.

  • The customer may only offset or reduce amounts due to the hotel with undisputed or legally established claims.

IV. Customer Cancellation

  • Free cancellation requires the hotel’s prior written consent. If this is not granted, the agreed room rent and services booked via third parties must still be paid – even if not used – unless the hotel has violated its obligations or the customer has a legal or contractual right to cancel.

  • If a deadline for free cancellation was agreed upon, the customer may withdraw from the contract without incurring charges up until that point. If not exercised by then, cancellation rights expire unless the hotel has violated its obligations.

  • If cancellation occurs between 8 and 4 weeks before the event date, the hotel may charge 35% of the lost food revenue in addition to the room rental; for later cancellations, 70% may be charged.

  • Food revenue is calculated as: menu price × number of guests.
    If no price has been agreed, the lowest-priced 3-course menu in the hotel’s current offerings is used as a basis.

  • If a per-person conference package has been agreed, the hotel may charge:

    • 60% of the total (for cancellations between 8 and 4 weeks),

    • 85% for later cancellations.

  • Deductions for saved expenses are already factored into the above percentages.
    The customer may prove that lower costs or no loss occurred.

V. Hotel Cancellation

  • If the customer was granted a contractual right to cancel free of charge within a certain period, the hotel may also withdraw from the contract during that period if other inquiries exist for the same event space and the customer does not waive their right to cancel upon request.

  • If a required advance payment (see Section III, item 5) is not made, even after a reasonable grace period, the hotel may withdraw from the contract.

  • The hotel may also withdraw from the contract for objectively justified reasons, for example:

    • force majeure or other circumstances beyond the hotel’s control,

    • events booked under misleading or false information (e.g. regarding the customer or purpose),

    • if the event threatens the smooth operation, security, or public reputation of the hotel, without this being attributable to the hotel’s control,

    • or if Section I, item 2 is violated.

  • In case of a justified cancellation by the hotel, the customer has no right to claim compensation.

VI. Changes in Number of Participants and Event Times

  • Changes of more than 5% in the number of participants must be communicated to the hotel no later than five business days before the event and require the hotel’s written confirmation.

  • Reductions in participant numbers up to 5% are accepted. Greater reductions will be billed based on the originally agreed number minus 5%. The customer may demonstrate reduced costs and request an adjustment accordingly.

  • If the number of participants increases, billing will be based on the actual number of attendees.

  • If the number of participants deviates by more than 10%, the hotel may adjust the prices and change the confirmed rooms – unless this is unreasonable for the customer.

  • If the agreed start or end times of the event change and the hotel agrees, the hotel may charge for the additional service time – unless the hotel is at fault for the delay.

VII. Bringing Food and Beverages

Bringing food and beverages to events is generally not allowed.
Exceptions require written agreement.
In such cases, the hotel may charge a fee to cover overhead costs.

VIII. Technical Equipment and Connections

  • If the hotel procures technical or other equipment from third parties on behalf of the customer, it does so in the name and at the expense of the customer.
    The customer is responsible for proper use and return and shall indemnify the hotel against third-party claims.

  • Use of the customer’s own electrical equipment using the hotel’s power or communication network requires prior written approval. The customer is liable for any disruptions or damages unless caused by the hotel. The hotel may charge a flat fee for energy or network usage.

  • With the hotel’s approval, the customer may use their own telephone, fax, or data connections. A connection fee may apply.

  • If hotel equipment becomes unusable due to customer connections, a loss-of-use fee may be charged.

  • Malfunctions of hotel-provided equipment will be addressed as quickly as possible. Payments cannot be withheld or reduced unless the hotel is at fault.

IX. Loss or Damage of Items Brought In

  • Exhibition items or other objects brought by the customer are at their own risk. The hotel is not liable for loss, damage, or destruction, unless due to gross negligence or intent.
    Exceptions apply to damages involving life, body, or health, or when the hotel has a custodial duty under individual circumstances.

  • Decorations must comply with fire regulations. Proof may be required. If not provided, the hotel may remove items at the customer’s expense. Placement and installation must be agreed with the hotel.

  • All items must be removed immediately after the event. If the customer fails to do so, the hotel may store or dispose of them at the customer’s expense.
    The hotel may charge a usage fee for storage. The customer may provide evidence of lower actual costs.

X. Customer Liability for Damages

  • If the customer is a business, they are liable for all damage caused by guests, employees, agents, or themselves to the building or inventory.

  • The hotel may require appropriate security deposits (e.g. insurance, guarantees, or cash deposits).

XI. Final Provisions

  • Amendments or additions to the contract, acceptance, or these terms must be in writing. Unilateral changes by the customer are invalid.

  • Place of performance and payment is the hotel’s registered location.

  • In commercial transactions, the exclusive court of jurisdiction is the hotel’s location. If the customer has no general jurisdiction in Germany and meets § 38(2) ZPO conditions, the hotel’s location applies.

  • German law applies. The UN Convention on Contracts for the International Sale of Goods (CISG) and private international law do not apply.

  • Should any provision of these terms be invalid or void, the validity of the remaining provisions shall remain unaffected. In all other cases, statutory provisions apply.