Fettehenne Erkrath GmbH & Co. KG, 40699 Erkrath, Schildsheider Strasse 47
As of December 22, 2021
1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and all other services and deliveries provided by the hotel for the customer in this context (hotel accommodation contract) as well as all catering services that are directly related to the hotel overnight stay. The term "hotel accommodation contract" includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room contract.
1.2 The subletting and re-letting of the rooms provided and their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby § 540 paragraph 1 sentence 2 BGB is waived if the customer is not a consumer within the meaning of § 13 BGB.
1.3 The customer's general terms and conditions only apply if this has been expressly agreed in writing beforehand.
2.1 The contractual partners are the hotel and the customer. The contract is formed when the hotel accepts the customer's application. The guest accommodation contract is concluded as soon as the room has been ordered in writing or verbally by the guest and has been confirmed in writing by the hotel. In the course of this, the guest also acknowledged the general terms and conditions (GTC) of the hotel. If a hotel room is rented at short notice by telephone or in person, and written confirmation from the hotel is therefore no longer possible, the General Terms and Conditions are still binding for the guest booking by telephone or in person. The guest accommodation contract came about with the verbal confirmation on the part of the hotel.
2.2 All claims against the hotel expire one year after the start of the statutory limitation period. This does not apply to claims for damages or other claims if the latter are based on an intentional or grossly negligent breach of duty by the hotel.
3.1 The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
3.2 The customer is obliged to pay the agreed or applicable hotel prices for rooms provided and for other services used. This also applies to services commissioned by the customer directly or through the hotel, which are provided by third parties and paid for by the hotel.
3.3 The agreed prices include the taxes and local duties applicable at the time the contract is concluded. Not included are local taxes, which are owed by the guest himself according to the respective municipal law, such as visitor's tax. In the event of a change in the statutory sales tax or the introduction, change or abolition of local taxes on the service object after the conclusion of the contract, the prices will be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between the conclusion of the contract and the fulfillment of the contract exceeds four months.
3.4 The hotel can make its consent to a subsequent reduction in the number of booked rooms, the hotel's service or the length of stay of the customer, as requested by the customer, dependent on the price for the rooms and/or for the other services of the hotel increasing appropriately .
3.5 Hotel invoices are due for payment immediately upon receipt without deduction. If payment on account has been agreed, payment must be made within fourteen days of receipt of the invoice without deductions, unless otherwise agreed. If the customer is in default of payment, the hotel reserves the right to charge reminder fees of €25 for the additional expense.
3.6 The hotel is entitled to demand a reasonable advance payment or security, for example in the form of a credit card guarantee, from the customer upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in writing in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected.
3.7 In justified cases, e.g. the customer is in arrears with payment or the scope of the contract is extended, the hotel is entitled to demand an advance payment or security deposit in the sense of Section 3.6 above or an increase in the advance payment or security deposit agreed in the contract up to the full to demand the agreed remuneration.
3.8 The hotel is also entitled to require the customer to make an appropriate advance payment or security deposit within the meaning of Section 3.6 above for existing and future claims from the contract at the beginning and during the stayments, insofar as such has not already been provided in accordance with Section 3.6 and/or Section 3.7 above.
3.9 The customer can only offset or set off against a claim of the hotel with an undisputed or legally binding claim.
3.10 The customer agrees that the invoice can be sent to him electronically.
4.1 The customer can only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, a statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract.
4.2 If an appointment for free withdrawal from the contract has been agreed between the hotel and the customer, the customer can withdraw from the contract up to that point without triggering payment or damage claims by the hotel.
4.3 If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination and the hotel does not agree to a cancellation of the contract, the hotel retains the right to the agreed remuneration despite non-use of the service. The hotel must offset the income from renting the rooms to other parties as well as the expenses saved. If the rooms are not rented out elsewhere, the hotel can make a flat-rate deduction for saved expenses. The cancellation of the rental contract must be communicated to us in writing as soon as possible.
Please refer to your individual reservation confirmation for the cancellation conditions. You will receive a reservation confirmation, including cancellation conditions, either within two hours after the reservation has been made or via the respective portal through which you booked. If you have not received a confirmation within this time, it is your duty to check the e-mail address provided and, if necessary, to check your spam folder. Reservations made by telephone do not release you from a payment obligation. If you fail to cancel within the contractually agreed period, you will be charged a fee of 90% of the total price.
If you book a "Non-Cancellable Rate" then the risk of cancellation is 100% on your side. We offer numerous alternatives that include more flexible cancellation or change options. There are no flexible reservations for any trade fairs. Unless otherwise agreed, a cancellation period of 7 or 14 days applies.
5.1 If it has been agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotel 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 the hotel, with reasonable setting a deadline does not waive his right to withdraw. This applies accordingly if an option is granted if there are other inquiries and the customer is not ready to make a firm booking after the hotel has asked for a reasonable deadline.
5.2 If an advance payment or security deposit agreed or requested in accordance with Section 3.6 and/or 3.7 is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.
5.3 Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for an objectively justifiable reason, in particular if
force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
rooms or spaces are booked culpably with misleading or false information or with the concealment of essential facts; The identity of the customer, the ability to pay or the purpose of the stay can be essential.
the hotel has justified reason to assume that the use of the service may endanger the smooth running of business, the security or the reputation of the hotel in public, without this being attributable to the hotel's area of control or organization;
the purpose or reason for the stay is illegal;
there is a violation of the above-mentioned number 1.2.
5.4 The hotel's justified withdrawal does not justify any claims by the customer for damages.
6.1 The customer does not acquire the right to be provided specific rooms unless this has been expressly agreed in writing. In the interests of all guests, pets are only permitted on request and with express confirmation, and only in rooms intended for them.
6.2 Booked rooms are available to the customer from 3 p.m. on the agreed day of arrival. The customer has no right to earlier availability.
6.3 AmOn the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. After that, the hotel can charge 50% of the full accommodation price (price according to the price list) due to the delayed vacating of the room for its contractual use up to 6:00 p.m. and 90% from 6:00 p.m. This does not justify contractual claims by the customer. He is free to prove that the hotel has no or a significantly lower claim for usage fees.
7.1 The hotel is liable for damage to life, limb or health for which it is responsible. Furthermore, it is liable for other damages that are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of contractual obligations on the part of the hotel. Typical contractual obligations are those obligations that make the proper execution of the contract possible in the first place and on the fulfillment of which the customer relies and may rely. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise regulated in this clause 7. Should disruptions or defects occur in the hotel's services, the hotel 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.
7.2 The hotel is liable to the customer for items brought in according to the statutory provisions. The hotel recommends using the hotel safe. If the customer wishes to bring money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a separate safekeeping agreement with the hotel.
7.3 If the customer is provided with a parking space in the hotel car park, this does not result in a safekeeping contract. In the event of loss or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel is only liable in accordance with the above clause 7.1, sentences 1 to 4.
7.4 Wake-up calls are carried out by the hotel with the utmost care. Messages for customers are treated with care. After prior agreement with the customer, the hotel can take over the acceptance, storage and - on request - the forwarding of post and warning messages for a fee. The hotel is only liable in accordance with the above clause 7.1, sentences 1 to 4.
8.1 Changes and additions to the contract, the acceptance of applications or these General Terms and Conditions should be made in text form. Unilateral changes or additions are invalid.
8.2 The place of performance and payment as well as the exclusive place of jurisdiction – also for disputes over checks and bills of exchange – is in commercial traffic 40699 Erkrath, Schildsheider Straße 47. If the customer fulfills the requirements of Section 38 Paragraph 2 ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is deemed to be the place of jurisdiction 40699 Erkrath, Schildscheider Strasse 47.
8.3 German law applies. The application of the UN sales law is excluded.
8.4 In accordance with the legal obligation, the hotel points out that the European Union has set up an online platform for the out-of-court settlement of consumer disputes ("OS platform"): http://ec.europa.eu/consumers/odr/ Das However, the hotel does not participate in dispute settlement procedures before consumer arbitration boards.
8.5 Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions.
Fettehenne Erkrath GmbH & Co. KG, 40699 Erkrath, Schildsheider Strasse 47
As of December 22, 2021
1.1 These terms and conditions apply to all contracts concluded between the restaurant Das Blaue Schaf and the customer. This includes the hospitality of guests with and without table reservations as well as the rental of event rooms and all other services and deliveries provided by the restaurant or hotel (gastronomic services) for the customer in this context. The term "gastronomic service" includes and replaces the following terms: restaurant, gastronomy, event service.
1.2 The subletting and re-letting of the premises provided as well as use for purposes other than those stipulated in the contract require the prior consent of the hotel in text form, whereby § 540 paragraph 1 sentence 2 BGB is waived, unless the customer verbis a smoker within the meaning of Section 13 of the German Civil Code.
1.3 The customer's general terms and conditions only apply if this has been expressly agreed in writing beforehand.
1.4 An event is any service in connection with the rental of a conference or event room, as well as any gastronomic service for groups of 20 or more people.
2.1 The contractual partners are the restaurant and the customer. The contract is formed when the customer accepts the restaurant's offer. The gastronomic service has come about as soon as the event has been ordered in writing or verbally by the guest and has been confirmed in writing by the restaurant. In the course of this, the guest also recognized the general terms and conditions (GTC) of the restaurant. If a room is rented at short notice by telephone or in person and it is therefore no longer possible for the hotel to confirm it in writing, the General Terms and Conditions are still binding for the guest booking by telephone or in person. The gastronomic service came about with the verbal agreement on the part of the hotel.
2.2 For table reservations for 10 or more people, the guest will receive written confirmation. This counts as acceptance of the request and thus as the conclusion of a contract. Please refer to your individual reservation confirmation for the cancellation conditions. You will receive a reservation confirmation, including cancellation conditions, either within two hours after the reservation has been made or via the respective portal through which you booked. If you have not received a confirmation within this time, it is your duty to check the email address provided, check your spam folder if necessary and contact the restaurant.
2.3 All claims against the restaurant expire one year after the start of the statutory limitation period. This does not apply to claims for damages or other claims if the latter are based on an intentional or grossly negligent breach of duty by the restaurant.
3.1 The restaurant is obliged to keep the premises booked by the customer available and to provide the agreed gastronomic services.
3.2 The customer is obliged to pay the agreed or applicable prices of the restaurant for the provision of the premises and the other services used by him. This also applies to services commissioned by the customer directly or through the restaurant, which are provided by third parties and paid for by the restaurant.
3.3 The agreed prices include the taxes and local duties applicable at the time the contract is concluded. Not included are local taxes, which are owed by the guest himself according to the respective municipal law, such as visitor's tax. In the event of a change in the statutory sales tax or the introduction, change or abolition of local taxes on the service object after the conclusion of the contract, the prices will be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between the conclusion of the contract and the fulfillment of the contract exceeds four months.
3.4 The restaurant can make its consent to a subsequent change to the order requested by the customer in relation to the hotel's services, the number of guests or the length of the event dependent on the price for the rental of the premises or gastronomic services and/or increased for the other services of the hotel.
3.5 Restaurant invoices are due for payment immediately upon receipt without deduction. If payment on account has been agreed, payment must be made within fourteen days of receipt of the invoice without deductions, unless otherwise agreed. Deposit invoices are always due at the contractually agreed time, even if the customer does not receive the invoice fourteen days before the due date.
3.6 The restaurant is entitled to demand a reasonable advance payment or security, for example in the form of a credit card guarantee, from the customer upon conclusion of the contract. The amount of the advance payment and the payment dates are contractually agreed in text form. If payment terms have not been stipulated in the contract, payment must be made after all agreed gastronomic services have been provided. If the customer is in default of payment, the restaurant reserves the right to charge reminder fees of €25 for the additional expense.
3.7 The restaurant is also entitled to demand a reasonable advance payment or security deposit within the meaning of clause 3.6 above from the customer at the beginning and during the stay for existing and future claims arising from the contract.
3.8 The customer can only with an undisputed or legally validoffset or set off a valid claim against a claim of the restaurant.
3.9 The customer agrees that the invoice can be sent to him electronically.
4.1 The customer can only withdraw from an event contract concluded with the restaurant if a right of withdrawal has been expressly agreed in the contract, a statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract in writing.
4.2 If an appointment for free withdrawal from the contract has been agreed between the restaurant and the customer, the customer can withdraw from the contract up to that point without triggering payment or damage claims by the hotel.
4.3 If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination and the restaurant does not agree to the cancellation of the contract, the restaurant retains the right to the agreed remuneration despite non-use of the service. The cancellation of the rental contract must be communicated to us in writing as soon as possible.
4.4 Table reservations for 10 or more people or reservations with a pre-order can be canceled free of charge up to 7 days before the service date. If a cancellation is made after this period, the restaurant reserves the right to charge 90% of the booked services. This applies to a reduction in the number of guests after the cancellation period has expired.
The cancellation conditions for events can be found in your individual contract.
5.1 If it has been agreed that the customer can withdraw from the contract free of charge within a certain period of time, the restaurant is entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked premises and the customer, upon inquiry by the restaurant, with reasonable setting a deadline does not waive his right to withdraw. This applies accordingly if an option is granted if there are other inquiries and the customer is not ready to make a firm booking after asking the restaurant with a reasonable deadline.
5.2 If an advance payment or security deposit agreed or requested in accordance with Section 3.6 and/or 3.7 is not made even after a reasonable grace period set by the restaurant has expired, the restaurant is also entitled to withdraw from the contract.
5.3 Furthermore, the restaurant is entitled to extraordinarily withdraw from the contract for an objectively justifiable reason, in particular if
force majeure or other circumstances for which the restaurant is not responsible make it impossible to fulfill the contract;
Events or premises are reserved with misleading or false information or with the omission of essential facts; The identity of the customer, the ability to pay or the occasion or purpose of the event can be essential;
the restaurant has justified reason to believe that the use of the service may jeopardize the smooth running of business, the safety or the reputation of the restaurant in public, without this being attributable to the restaurant's area of control or organization;
the purpose or the occasion or the event itself of the event is illegal;
there is a violation of the above-mentioned number 1.2.
5.4 The restaurant's justified withdrawal does not justify any claims by the customer for damages.
6.1 The customer does not acquire any right to the provision of specific tables or rooms unless this has been expressly agreed in writing. In the interests of all guests, pets are only permitted on request and with express confirmation, and only in designated areas.
6.2 Reserved tables and rooms are available to the customer from the contractually agreed time. The customer has no right to earlier availability. Any waiting time communicated to guests without written reservation confirmation is only an estimate and therefore not binding.
6.3 Unless otherwise agreed in writing, the event rooms are cleared and returned to the restaurant at the contractually agreed time. After that, the restaurant can charge a reasonable surcharge for each started hour based on the total price of the event due to the delayed evacuation. This does not justify contractual claims by the customer. He is free to prove that the hotel has no or a significantly lower claim for usage fees.
7.1 The restaurant is liable for what it is responsible foren Damage resulting from injury to life, limb or health. Furthermore, it is liable for other damages that are based on an intentional or grossly negligent breach of duty by the restaurant or on an intentional or negligent breach of typical contractual obligations on the part of the restaurant. Typical contractual obligations are those obligations that make the proper execution of the contract possible in the first place and on the fulfillment of which the customer relies and may rely. A breach of duty by the restaurant is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise regulated in this clause 7. Should disruptions or defects occur in the services of the restaurant, the restaurant will endeavor to remedy the situation if it becomes aware of it or if the customer informs the customer immediately. The customer is obliged to do what is reasonable for him to remedy the disruption and to keep possible damage to a minimum.
7.2 The restaurant is not liable for items brought in by the customer unless there is a separate storage agreement with the restaurant.
7.3 If the customer is provided with a parking space in the restaurant car park, this does not result in a safekeeping contract. In the event of loss or damage to motor vehicles parked or maneuvered on the restaurant property and their contents, the restaurant is only liable in accordance with the above clause 7.1, sentences 1 to 4.
7.4 After prior agreement with the customer, the restaurant can take over the acceptance, storage and - if desired - the forwarding of mail and goods consignments for a fee. The hotel is only liable in accordance with the above clause 7.1, sentences 1 to 4.
8.1 Changes and additions to the contract, the acceptance of applications or these General Terms and Conditions should be made in text form. Unilateral changes or additions are invalid.
8.2 The place of performance and payment as well as the exclusive place of jurisdiction – also for disputes over checks and bills of exchange – is in commercial traffic 40699 Erkrath, Schildsheider Straße 47. If the customer fulfills the requirements of Section 38 Paragraph 2 ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is deemed to be the place of jurisdiction 40699 Erkrath, Schildscheider Strasse 47.
8.3 German law applies. The application of the UN sales law is excluded.
8.4 In accordance with the legal obligation, the restaurant points out that the European Union has set up an online platform for the out-of-court settlement of consumer disputes ("OS platform"): http://ec.europa.eu/consumers/odr/ Das However, the restaurant does not participate in dispute settlement procedures before consumer arbitration boards.
8.5 Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions.
Fettehenne Erkrath GmbH & Co. KG, 40699 Erkrath, Schildsheider Strasse 47
As of December 22, 2021
1.2 The terms and conditions apply exclusively to contracts in connection with the sale of the product "Fettehenne Gin". All other products and services offered by Fettehenne Erkrath GmbH & Co. KG are not covered by these General Terms and Conditions.
2.1 Contractual partners are the provider and the customer. The contract is concluded when the customer receives a written confirmation from the provider on his written or verbal request or order. If an order is placed personally and taken away directly or ordered and picked up on the same day and therefore no written confirmation from the provider is possible, the General Terms and Conditions are nevertheless binding upon acceptance of the order.
2.2 The conclusion of the contract is only possible for persons over 18 years of age.
2.2 All claims against the provider expire one year after the start of the statutory limitation period. This does not apply to claims for damages or other claims if the latter are based on an intentional or grossly negligent breach of duty by the provider.
3.1 The provider is obliged to deliver or hand over the ordered goods packaged and in perfect condition to the customer.
3.2 The agreed prices include the taxes and local duties applicable at the time the contract is concluded. In the event of a change in the statutory sales tax or the introduction, change or abolition of local taxes on the goods or servicesAfter the conclusion of the contract, the prices will be adjusted accordingly.
3.3 Shipping costs are to be borne by the customer and are shown as such by the provider
3.4 In the event of subsequent changes to the order by the customer, the provider can make its consent dependent on the price of the products or delivery costs being increased appropriately.
3.5 Invoices from the provider are due for payment immediately upon receipt without deduction. If payment on account has been agreed, payment must be made within fourteen days of receipt of the invoice without deductions, unless otherwise agreed. If the customer defaults in payment, the provider reserves the right to charge reminder fees of €10 for the additional effort.
3.6 In accordance with the provisions of the Youth Protection Act, the goods cannot be delivered or handed over to persons under the age of 18. If no official proof of age of the recipient can be presented, the goods will not be handed over. Costs incurred by the customer in this context cannot be passed on to the provider.
4.1 In principle, the customer can only withdraw from the contract free of charge if the hotel expressly agrees to the cancellation of the contract or if the order has not yet been handed over or prepared for delivery. This period is at least 4 hours, but never more than 12 hours.
4.2. The return of delivered goods is only possible up to 14 days after receipt of the order and in the original packaging. Products that have already been opened cannot be returned without the express consent of the seller. Return costs are to be borne by the customer.
4.3 Contrary to point 4.2, damaged or defective goods can be returned at the expense of the provider, stating the reasons, provided that the return costs do not exceed the original delivery costs.
5.1 Claims for damages are excluded. Excluded are claims for damages by the customer due to injury to life, limb, health or essential contractual obligations, which must be fulfilled in order to achieve the contractual objective. This also does not apply to claims for damages after grossly negligent or intentional breach of duty by the provider or his legal representative or vicarious agent.
6.1 Changes and additions to the contract, the acceptance of applications or these General Terms and Conditions should be made in text form. Unilateral changes or additions are invalid.
6.2 The place of performance and payment as well as the exclusive place of jurisdiction – also for disputes over checks and bills of exchange – is in commercial traffic 40699 Erkrath, Schildsheider Straße 47. If the customer fulfills the requirements of Section 38 Paragraph 2 ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is deemed to be the place of jurisdiction 40699 Erkrath, Schildscheider Strasse 47.
6.3 German law applies. The application of the UN sales law is excluded.
6.4 In accordance with the legal obligation, the restaurant points out that the European Union has set up an online platform for the out-of-court settlement of consumer disputes ("OS platform"): http://ec.europa.eu/consumers/odr/ Das However, the restaurant does not participate in dispute settlement procedures before consumer arbitration boards.
6.5 Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions.
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