1. Scope
1.1 These terms and conditions apply to contracts for the rental of conference, banquet and event rooms and the restaurant of Fettehenne Erkrath GmbH & Co. KG, Schildsheider Straße 47, 40699 Erkrath or Fettehenne Rheindorf GmbH, Monheimer Straße 2B, 51371 Leverkusen or Landhotel Fettehenne GbR, Berliner Straße 40, 51377 Leverkusen (hereinafter referred to as Fettehenne Hotels) - to hold events such as banquets, seminars, conferences, exhibitions and presentations, etc., as well as for all other related services and deliveries by Fettehenne Hotels.
1.2 The subletting or re-letting of the rooms, areas or showcases provided as well as invitations to job interviews, sales or similar events require the prior written consent of Fettehenne Hotels, whereby § 540 paragraph 1 sentence 2 BGB is waived if the customer is not a consumer is.
1.3 The customer's terms and conditions only apply if this has been expressly agreed in writing beforehand.
2. Conclusion of contract, contractual partners, liability, statute of limitations
2.1 The contract is concluded when Fettehenne Hotels accepts the customer’s application; these are the contractual partners.
2.2 If the customer / orderer is not the organizer himself or if the organizer hires a commercial agent or organizer, the organizer is jointly and severally liable with the customer for all obligations arising from the contract, provided that Fettehenne Hotels has received a corresponding declaration from the organizer. The Fettehenne Hotels are liable for their obligations under the contract with due diligence. Customer claims for compensation are excluded. Excluded from this are damages resulting from injury to life, limb or health if Fettehenne Hotels is responsible for the breach of duty, other damages which are based on an intentional or grossly negligent breach of duty by Fettehenne Hotels and damages which are based on an intentional or negligent breach of duty Violation of typical contractual obligations of Fettehenne Hotels. A breach of duty by Fettehenne Hotels is equivalent to that of a legal representative or vicarious agent. Should disruptions or defects occur in the services of Fettehenne Hotels, Fettehenne Hotels will endeavor to remedy the situation if it becomes aware of it 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 Fettehenne Hotels in good time of the possibility of exceptionally high damage occurring.
3. Services, prices, payments, offsetting
3.1 Fettehenne Hotels are obliged to provide the services ordered by the customer and promised by Fettehenne Hotels.
3.2 The customer is obliged to pay the agreed or usual prices of Fettehenne Hotels for these and other services used. This also applies to services and expenses of the Fettehenne Hotels to third parties arranged by him, in particular also to claims from copyright collecting societies (e.g. GEMA).
3.3 The agreed prices are exclusive or including the legally applicable value added tax as specified in the offer/contract. If the period between the conclusion of the contract and the event exceeds four months and the price generally charged by Fettehenne Hotels for such services increases, the contractually agreed price can be increased appropriately. The consumer price index serves as a guideline for this.
3.4 Invoices from Fettehenne Hotels without a due date are payable within 14 days of receipt of the invoice without deduction. Fettehenne Hotels is entitled to make accrued claims due at any time and to demand immediate payment. In the event of a delay in payment, Fettehenne Hotels are entitled to demand reminder fees and interest on arrears. Fettehenne Hotels reserves the right to prove higher damage (§ 286 BGB). Fettehenne Hotels is entitled to request a reasonable advance payment at any time. The amount of the advance payment and the payment dates are agreed in writing in the contract. The customer can only offset or reduce a claim from Fettehenne Hotels with an undisputed or legally binding claim.
4. Withdrawal by the customer (cancellation)
4.1 A free cancellation by the customer of the contract concluded with Fettehenne Hotels requires the written consent of Fettehenne Hotels. If this does not occur, the agreed room rent from the contract and services arranged for third parties must be paid even if the customer has contractual LeiHotels procures technical and other equipment from third parties for the customer at his request, it acts in the name, with power of attorney and for the account of the customer. The customer is liable for careful handling and proper return. He releases the Fettehenne Hotels from all third-party claims arising from the provision of these facilities.
8.2 The use of the customer's own electrical systems using the Fettehenne Hotels' electricity network requires their written consent. Malfunctions or damage to the technical systems of Fettehenne Hotels that occur as a result of the use of these devices shall be borne by the customer, insofar as Fettehenne Hotels is not responsible for them. The Fettehenne Hotels may record and charge a flat rate for the electricity costs arising from the use.
8.3 With the consent of Fettehenne Hotels, the customer is entitled to use his own telephone, fax and data transmission facilities. Fettehenne Hotels may charge a connection fee for this.
8.4 If suitable systems of the Fettehenne Hotels remain unused due to the connection of the customer's own systems, a compensation may be charged.
8.5 Malfunctions in the technical or other facilities provided by Fettehenne Hotels will be rectified immediately if possible. Payments cannot be withheld or reduced.
9. Loss or confirmation of brought items
9.1 Exhibition items or other items, including personal items, are in the event rooms/restaurant at the risk of the customer. Fettehenne Hotels assumes no liability for loss, destruction or damage, including financial losses, except in the case of gross negligence or intent on the part of Fettehenne Hotels. Excluded from this are damages 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.
9.2 Decoration material brought along must meet the fire protection requirements. The Fettehenne Hotels can demand official proof for this. If such proof is not provided, Fettehenne Hotels is entitled to remove material that has already been brought in at the customer's expense. Due to possible damage, the installation and attachment of objects must be agreed with Fettehenne Hotels beforehand.
9.3 Exhibition or other items brought along must be removed immediately after the end of the event. If the customer fails to do so, Fettehenne Hotels may remove and store the items at the customer's expense. If the items remain in the event room, Fettehenne Hotels can charge a reasonable fee for use for as long as they remain. The customer is free to prove that the above claim did not arise or did not arise in the required amount.
10. Customer Liability for Damage
10.1 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.
10.2 Damage in the hotel, the event rooms and all inventory can be charged to the customer at the replacement price.
10.3 Fettehenne Hotels may require the customer to provide appropriate security (e.g. insurance, deposits, guarantees).
11. Final Provisions
11.1 Changes or additions to the contract, the acceptance of applications or these Terms and Conditions for Events should be made in writing. Unilateral changes or additions by the customer are invalid.
11.2 The place of fulfillment and payment depends on the contractual partner (Gartenhotel Fettehenne, Landhotel Fettehenne, Kristallhotel Fettehenne).
11.3 Exclusive place of jurisdiction – also for disputes over checks and bills of exchange – is the headquarters of Fettehenne Hotels in commercial transactions. If a contractual partner fulfills the requirements of Section 38 (2) ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is also 51377, Leverkusen.
11.4 German law applies.
11.5 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 addition, the statutory provisions apply.
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