GENERAL TERMS AND CONDITIONS
of the FERINGAPARK Hotel- und GastronomiebetriebsGmbH
I. GENERAL TERMS AND CONDITIONS
1. The present standard terms and conditions apply to all contracts concluded with one of the Feringapark hotels provided that they fulfil the features of the general terms and conditions. It is possible to replace them partly by negotiated terms and conditions in isolated cases.
2. The customer or guest bears the sole liability risk for purposes and materials left in rooms open for the public, technical fittings or functional rooms of the hotel. In rooms a liability can only be assumed in case of personal properties of the customer effectively used at the time of using the room. The liability has to be restricted to a acceptable extend.Valuable articles like jewellery, cash, fur coat or something similar have to be deposit at the reception. In this case a separate deposit contract with an authorised person has to be concluded. The liability of the hotel for not deposited objects of value or cash is expressly excluded.
3. All labelling and price arrangements are valid in Euro. In case that foreign currency is given so is this only for an orientation without commitment based on the published exchange rate valid at that time.
4.In case of providing a parking space at the hotels parking area also for a consideration does explicitly no mean that a contract of deposit is concluded. The hotels are not obliged to observe the area. Basically the hotels are not liable for damages of the cars possibly caused.
II. CONDITIONS FOR OVERNIGHT STAYS
1. A contract has been concluded by receiving a booking confirmation. In cases of overnight stays the contract of accommodation (contract of taking in guests) is also considered as valid even if the room had been prepared without a former promise. When the contract is concluded both contracting partners are obliged to fulfil the contract no matter of the duration the contract had been concluded. It is not possible to cancel the contract unilaterally.
2. Reserved rooms are available on the day of arrival from 15:00 and on the day of departure until 11:00. If a later arrival was not expressively agreed and granted with a bankable security (normally a valid number of credit card with date of expiry ) the hotels are justified to book the room from 18:00 to somebody else.
3. All accounted room prices are including VAT, valid at the point of reservation and refer to the services performed by only one day. If there is an increase in VAT between the time of reservation and performed services the room price at the time of using the service is valid.
4. In general payment for performed services has to be made at the day of departure at the latest. The invoice amount is to be effected cash immediately and without deduction.
5. The acceptance of credit cards in the hotels is in any case optional, regardless of the published general references of acceptance. The acceptance of credit cards, cheques and any other means of payment is to be made only for processing. The maturity of cash payment is not related to the acceptation of those means of payment.
6. If the time period between the point of concluding the contract and using the services exceeds 4 months and the price for services invoiced changed, an increase of the price agreed by 10 % maximum can be possible. If the VAT rate changes so the price agreed also changes appropriately.
7. A reimbursement of services or partial performances paid but not used is not possible.
8. In case of delayed payment (14 days after raising the invoice) the hotels are justified to charge an interest rate of 4 % about the valid bank rate of the German Central Bank.
9. The invoice for performed services is to be effected on day of departure at the latest. In case of a total account for several bookings the invoices have to be paid within 7 days after receipt of invoice. Payment in advance of those invoices can be required by the hotels.
10. The delayed payment of only one invoice justifies the hotels, also any other businesses of the Hotel & Catering Association of Feringapark, to discontinue any further and future services for the customer. The hotel´s decision concerning discontinuation of services is without announcement.
11.In case of a duration of the stay of more than 6 days or an invoice amount of more than 250,00 EUR the hotels serve the right to raise an interim invoice.
12. If the customer is not coincidently the guest or books at someone else’s charge, both parties are liable as co debtor.
13.The hotels are endeavoured to fill wake up calls with the utmost care. Claims of compensation based on failure eventually caused or technical defects are expressly excluded.
14. Messages, letters, consignments specified for the customer are handled with the utmost care. The hotels assume the safekeeping, delivery and if requested the forwarding for consideration. A liability for loss, delay or damage is excluded.
15. Forgotten things of the customer only forwarded on the customers request, risk and costs. The hotels are obliged to keep such things for 6 months. After this time they will be given to the local lost property office but only if there is a clearly recognizable value.
16. The hotels are in the position of refusing the above mentioned services pending consideration matured.
17. Notices of repudiation of contract principally ore to be made in written form.The following deadlines and prices of cancelation apply:
Cancellation until the:
42. day prior to arrival free of charge
30. day prior to arrival 30 % of the rate agreed
15. day prior to arrival 50 % of the rate agreed
day of arrival 100 % of the rate agreed
without cancellation (no show) 100 % of the rate agreed.
The liability for not making use of services decreases as a saving of effort by the percentage of the F & B (by 20 % max.) of the particular amount guaranteed.
III. SPECIAL TERMS AND CONDITIONS FOR CONFERENCES; SEMINARS; EVENTS AND OTHER SERVICES OF CATERING
(IN ADDITION OF THE GENERAL TERMS AND CONDITIONS FOR OVERNIGHT STAYS MENTIONED UNDER POINT II)
1. A contract is considered as concluded as soon as the hotel delivers a booking confirmation. Booking and the booking confirmation has to be made in written form.
2. As promoter is called the person that presences itself towards the hotel. No matter if this person do have the authority by proxy or not. In case of doubt both parties, the person and the indeed promoter are jointly and severally liable.
3. Should the promoter be a political or religious association, groups of Scientology and/or their concealed organisation or similar an expressly written approval in advance by the hotel management is needed so that the contract can take effect. If the promoter suppresses the fact of being such an association or similar the hotels are justified to cancel the contract and to claim the agreed prices as minimum compensation. The same happens if the type of the event can damage the reputation or the security of the hotel or if it obstructs the fluently course of business.
4. In case of under leasing or subletting the rooms by the promoter an expressly approval in writing and in advance by the hotel management is needed.
5. The performance includes the partial performances mentioned in the order and becomes binding by receiving the order confirmation.
6. The reserved rooms for the customer are available during the time period put down in writing. The rooms have to be vacated and delivered in proper form after the event.
7. The number of participants indicated in written form by the promoter until 3 days before the event is binding. If there is a deduction by more than 10 % the number of participants granted will be the calculation base. If there is an increase by more than 10 % the hotels are not able to issue the guarantee about the possibility of rendering the services agreed.Furthermore the hotels are justified to mark up the agreed price appropriately in this case. The deadline of cancellation and the charges of cancellation mentioned under the regulations for overnight stays hold true for the event locations.
8. The hotels are justified to require payment in advance from the promoter.
9. It is not allowed for the promoter to bring the own meal or drinks to the event. In special cases it is possible to make a special agreement in written form. In this case the hotels are justified to charge a special service price respectively a corkage.
10. In case of a soiree the hotels serve the right to charge a night shift premium amounting to 250,00 EUR per hour commenced.
11. In the event of technical problems from hotels devices an equipment then the hotel will take immediate counter measures to rectify the problems. Partial or full refundment will not be made. In the event the hotel receives from a third party equipment for the promoter, it will be in the name of the promoter.
12. The promoter is liable for the careful handling and the proper restitution of the rooms and furnishings and dispenses the hotels from all third-party-claims from the assignment. Application of decoration or any other objects requires an expressly former approval from the hotels. In case of such an approval the customer assumes the guarantee that especially decoration material or similar meets the provisions of the fire authority. For damages of all kinds the promoter is liable without proof of fault.
13. For newspaper advert or other propagation that includes invitations for the event under the name and / or the address of the hotels an expressly former written approval of the hotel management is absolutely necessary. In case of an announcement without an approval of the hotels the hotels serve the right to cancel the event –also short dated. Occurring charges are to the debit of the promoter.
14. The official authorizations possibly needed for an event are to be obtained in due course and at one´s own expense. The customer has to adhere to the requirements subject to public law and to any other provision. Dues for the event to be paid to third parties (especially to the GEMA –society for musical copyright enforcement- or similar) are immediately paid to the creditor.
15. Charges for disposal of the packaging material or something similar are charged separately if he does not intend to do it by his own.
16. In case of an act of nature, strike or something similar the hotel is justified to cancel the contract without being liable for damages.
1. In force are the settlements of the Article 701 to 703 of the German Civil Code. A liability for other reasons is excluded unless the damage was caused due to an act of gross negligence or deliberate action on part of the hotels or their accomplices.
2. If the contract partner is a registered trader he will be fully liable for all contractual obligations also for such of guests or participants.
V. PLACE OF JURISDICTION – CHOICE OF LAW
1. Exclusive place of fulfilment and payment is the headquarters of the hotels. Also for processes of deeds, drafts and cheques.
2. Exclusive place of jurisdiction is the headquarters of the hotels. In case of not fulfilling the premises of one solely contract partner of article 38(1) of the Civil Process Order and does not have a general place of jurisdiction in the Federal Republic of Germany the headquarters of the hotels is named as place of jurisdiction. But the hotels are also justified to sue at the place of the contract partner.
3. The law of the Federal Republic of Germany is in force.
4. We don't participate in consumer dispute resolution.
VI. THE SALVATORIUS CLAUSE
If a needed stipulation for a detailed explanation is not enclosed in the mentioned terms and condition of the contract so the legal regulations are valid. If single stipulations of this agreement are invalid, reviewable or void, the remaining stipulations will not be contacted in their efficiency. Further more in this case the vulnerable stipulation is to be interpreted that it pursues the purpose as close as possible. The same will be valid in full filling missing clauses in the contractual agreement.
The headings do not have a material meaning they only serve for a better straightforwardness.