A. General Terms and Conditions for Events
Alperie, Neuhauserstraße 45, 83727 Schliersee
A.1. Scope of application
These General Terms and Conditions apply to bookings of events at the Alperie. The booking party (hereinafter referred to as the “Client”) agrees to the General Terms and Conditions by making a binding booking of events.
A.2. Conclusion of contract, limitation period
A.2.1 The contracting parties are Alperie GmbH and the Client. The contract shall be concluded with the written order confirmation of the Client. Each order confirmation is based on an offer by Alperie GmbH. The timely receipt of the down payment prior to the start of the event is still required for the conclusion of the contract in accordance with 3.4. If payment is not received in time, Alperie GmbH is entitled to withdraw from the contract.
A.2.2 All claims against Alperie GmbH are generally subject to a limitation period of one year from the start of the statutory limitation period. Claims for damages are subject to a limitation period of five years depending on knowledge.
A.3. Services, prices, payment
A.3.1 Alperie GmbH is obliged to provide the services ordered by the client and promised to Alperie GmbH.
A.3.2 The client is obliged to pay the agreed or applicable prices of Alperie GmbH for these and other services used.
A.3.3 The agreed prices include the taxes applicable at the time of the conclusion of the contract. In the event of a change in the statutory value added tax, the prices shall be adjusted accordingly. Misprints and individual price changes remain reserved.
A.3.4 The booking shall be invoiced in arrears.
A.3.5 Unless otherwise agreed, invoices of the Event Location without a due date are due for payment ten days after the invoice date without deductions or discounts.
A.3.6 Deductions of any kind are excluded.
A.3.7 In the event of default in payment, Alperie GmbH shall be entitled to charge the statutory default interest applicable at the time.
A.4. Credit basis
A.4.1 The creditworthiness of the Client is a prerequisite for the performance obligations of Alperie GmbH.
A.4.2 If the Client has provided incorrect or incomplete information about his person or about the facts determining his creditworthiness or has suspended his payments, or if insolvency proceedings have been applied for or opened against his assets, Alperie GmbH shall not be obliged to perform. In such cases, Alperie GmbH may demand advance payment or other suitable security for the claim to remuneration.
A.5. Termination and cancellation
A.5.1 The client is entitled to terminate the contract at any time.
A.5.2 If the Client terminates or cancels the contract without Alperie GmbH having given good cause for this, Alperie GmbH shall be entitled to the agreed remuneration as follows:
from the date of confirmation: € 500.00 lump sum plus rehearsal dinner fee
from three months before the event: 50 % of the deposit
from one month before the event: 100 % of the deposit
from seven days prior to the event: 50 % of the amount offered
A.5.3 The right of termination for good cause remains unaffected for both contracting parties. However, it is a prerequisite that a corresponding written request for the elimination of the good cause has been made within a reasonable period of time and that the period of time has expired fruitlessly.
A.5.4 In the event of termination for good cause by Alperie GmbH or withdrawal for reasons for which the client is responsible, the provisions of paragraph 2 shall apply accordingly. The assertion of further damages is not excluded.
A.5.5 The termination or cancellation must be made in writing. The date of receipt of the notice of termination or cancellation shall be decisive for the calculation of the period.
A.6. Changes in the number of guests and the time of the event
A.6.1 The number of guests shall be bindingly notified in writing 10 days before the event. A change in the number of guests shall require the consent of Alperie GmbH, which shall be given in text form.
A.6.2 Exceeding the stated number of guests must in any case be announced at least one week before the event. A realisation of the planned event for the increased number of guests cannot be guaranteed. In the event of non-notification, any claims for damages shall be borne by the client.
A.6.3 If the agreed start or end times of the event are postponed and Alperie GmbH agrees to these deviations, Alperie GmbH may charge for the additional service appropriately, unless Alperie GmbH is at fault.
A.7. Bringing food and beverages to events
The client may not bring food and drinks to events. Exceptions require a written agreement by the event location.
A.8. Technical equipment and connections
A.8.1 Insofar as Alperie GmbH procures technical and other equipment from third parties for the Client at the latter’s instigation, it shall act in the name of, on the authority of and for the account of the Client. The Client shall be liable for careful handling and proper return.
A.8.2 The use of the Client’s own electrical equipment using Alperie GmbH’s electricity network requires its consent. Alperie GmbH shall be entitled to record and charge the electricity costs arising from such use on a flat-rate basis.
A.8.3 With the consent of Alperie GmbH the client is entitled to use his own telephone and data transmission equipment. Alperie GmbH may charge a connection fee for this.
A.9. Loss, damage and condition of items brought along
A.9.1 Exhibits or other items, including personal items, brought along are located in the Alperie event rooms at the risk of the Client. Alperie GmbH shall not accept any liability for loss, destruction or damage, including financial losses, except in the case of gross negligence or intent on the part of Alperie GmbH. This does not apply to damages resulting from injury to life, body or health.
A.9.2 Decorative material brought along must comply with fire protection requirements. Alperie GmbH is entitled to demand official proof of this. Due to possible damage, the installation and attachment of objects must be coordinated with Alperie GmbH.
A.9.3 Any exhibition or other objects brought along must be removed immediately after the end of the event. If the client fails to do so, Alperie GmbH may remove and store them at the client’s expense. If the items remain in the Alperie event rooms, Alperie GmbH may charge an appropriate compensation for use for the duration of the withholding of the rooms.
A.10. Liability of the Client
A.10.1 If the client is not also the organiser, he shall be liable to Alperie GmbH as joint and several debtor.
A.10.2 Alperie GmbH may require the client to provide appropriate security, for example in the form of a credit card guarantee.
A.11. Data protection
It is pointed out that within the framework of the business relationship or in connection with it, personal data, regardless of whether they originate from Alperie GmbH itself or from third parties, are processed within the meaning of the Federal Data Protection Act.
A.12. Place of performance and jurisdiction
The place of performance and jurisdiction for all disputes arising between the parties from the contractual relationship is Schliersee. The contractual relationship shall be governed by German law.
A.13. Final provisions
A.13.1 Amendments and supplements to the contract, the acceptance of the application or the General Terms and Conditions shall be made in text form. Unilateral amendments or supplements by the client are invalid.
A.13.1 Should individual provisions of these General Terms and Conditions for Events be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.
B. GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT
B.1. SCOPE OF APPLICATION
B.1.1 These Terms and Conditions shall apply to contracts for the rental of hotel rooms for lodging purposes as well as all other services and supplies provided by the hotel to the customer in this connection (hotel accommodation contract). The term “hotel accommodation contract” includes and replaces the following terms: Accommodation Contract, Guest Accommodation Contract, Hotel Contract, Hotel Room Contract.
B.1.2 The subletting or re-letting of the rooms provided as well as their use for purposes other than accommodation shall require the prior consent of the hotel in text form, whereby Section 540 (1) sentence 2 of the German Civil Code (BGB) is waived insofar as the customer is not a consumer.
B.1.3 The customer’s general terms and conditions shall apply only if expressly agreed in advance.
B.2. CONCLUSION OF CONTRACT, CONTRACTING PARTIES, LIMITATION PERIOD
B.2.1 The contracting parties are the hotel and the customer. The contract is concluded by the hotel’s acceptance of the customer’s application. The hotel shall be free to confirm the room reservation in text form.
B.2.2 All claims against the hotel shall generally become statute-barred one year after the statutory commencement of the limitation period. Claims for damages shall become statute-barred after five years depending on knowledge, unless they are based on injury to life, body, health or freedom. These claims for damages shall become statute-barred after ten years, irrespective of knowledge. The reductions in the statute of limitations shall not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
B.3. SERVICES, PRICES, PAYMENT, SET-OFF
B.3.1 The hotel is obligated to hold available the rooms booked by the customer and to provide the agreed services.
B.3.2 The customer is obligated to pay the hotel’s agreed or applicable prices for the provision of the rooms and the other services used by the customer. This also applies to services ordered by the customer directly or via the hotel, which are provided by third parties and paid for by the hotel.
B.3.3 The agreed prices include the taxes and local charges applicable at the time of conclusion of the contract. Not included are local taxes which are owed by the guest according to the respective local law, such as visitor’s tax. In the event of a change in the statutory value-added tax or the introduction, amendment or abolition of local levies on the subject of performance after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this shall only apply if the period between conclusion and performance of the contract exceeds four months.
B.3.4 The hotel may make its consent to a subsequent reduction requested by the customer in the number of rooms booked, the hotel’s services or the customer’s length of stay conditional upon an increase in the price for the rooms and/or for the hotel’s other services.
B.3.5 Invoices of the hotel without a due date are payable without deduction within ten days of receipt of the invoice. The hotel may demand immediate payment of due receivables from the customer at any time. In the event of default in payment, the hotel shall be entitled to charge the respective applicable statutory default interest in the amount of currently 8% or, in the case of legal transactions involving a consumer, in the amount of 5% above the base interest rate. The hotel reserves the right to prove higher damages.
B.3.6 The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed in text form in the contract. The statutory provisions shall remain unaffected in the case of advance payments or security deposits for package tours.
B.3.7 In justified cases, e.g. payment arrears on the part of the customer or extension of the scope of the contract, the hotel shall be entitled, even after conclusion of the contract until the start of the stay, to demand an advance payment or security deposit as defined in clause 3.6 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
B.3.8 Furthermore, the hotel shall be entitled to demand from the customer a reasonable advance payment or security deposit within the meaning of clause 3.6 above for existing and future claims under the contract at the beginning and during the stay, insofar as such a payment or security deposit has not already been made in accordance with clause 3.6 and/or clause 3.7 above.
B.3.9 The customer may only set off or offset an undisputed or legally enforceable claim against a claim of the hotel.
B.4. WITHDRAWAL BY THE CUSTOMER (CANCELLATION) / NON-UTILISATION OF THE HOTEL’S SERVICES (NO SHOW)
B.4.1 The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, if another statutory right of withdrawal exists or if the hotel expressly consents to the cancellation of the contract. The agreement of a right of withdrawal as well as the possible consent to a cancellation of the contract shall be made in text form in each case.
B.4.2 If the hotel and the customer have agreed on a date for withdrawal from the contract free of charge, the customer may withdraw from the contract up to that date without triggering payment or damage compensation claims by the hotel. The customer’s right of withdrawal shall expire if he does not exercise his right of withdrawal vis-à-vis the hotel by the agreed date.
B.4.3 If a right of withdrawal has not been agreed or has already expired, if there is also no statutory right of withdrawal or termination and if the hotel does not agree to a cancellation of the contract, the hotel shall retain the claim to the agreed remuneration despite the non-utilisation of the service. The hotel shall take into account the income from renting the rooms to other parties and the expenses saved. If the rooms are not let to other parties, the hotel may make a flat-rate deduction for saved expenses. In this case, the customer shall be obliged to pay at least 90% of the contractually agreed price for overnight accommodation with or without breakfast as well as for package arrangements with third-party services, 70% for half-board and 60% for full-board arrangements. The customer is at liberty to prove that the aforementioned claim did not arise or did not arise in the amount demanded.
B.5. CANCELLATION BY THE HOTEL
B.5.1 If it has been agreed that the customer may withdraw from the contract free of charge within a certain period of time, the hotel shall be entitled for its part to withdraw from the contract during this period if there are enquiries from other customers for the contractually reserved rooms and the customer does not waive his right of withdrawal upon inquiry by the hotel with a reasonable deadline.
B.5.2 If an advance payment or security deposit agreed or demanded pursuant to Clause 3.6 and/or Clause 3.7 is not made even after expiry of a reasonable grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract.
B.5.3 Furthermore, the hotel shall be entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if
- force majeure or other circumstances for which the hotel is not responsible make performance of the contract impossible
- rooms or rooms are culpably booked with misleading or false information or concealment of material facts; material facts may be the identity of the customer, the ability to pay or the purpose of the stay;
- the hotel has reasonable grounds to assume that the use of the service may jeopardise the smooth operation of the business, the security or the reputation of the hotel in public without this being attributable to the hotel’s sphere of control or organisation;
- the purpose or occasion of the stay is unlawful;
- there is a breach of clause 1.2 above.
B.5.4 The justified withdrawal of the hotel does not constitute a claim for damages on the part of the customer.
B.6. ROOM PROVISION, HANDOVER AND RETURN
B.6.1 The customer does not acquire any claim to the provision of specific rooms unless this has been expressly agreed.
B.6.2 Booked rooms are available to the customer from 14:00 on the agreed day of arrival. The customer has no claim to earlier availability.
B.6.3 On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. Thereafter, the hotel may charge 50% of the full accommodation price (list price) for late vacating of the room for its use in excess of the contract until 6:00 p.m., and 90% from 6:00 p.m. onwards. Contractual claims of the customer are not justified by this. The customer shall be at liberty to prove that the hotel has not incurred any or a significantly lower claim to a usage fee.
B.7. LIABILITY OF THE HOTEL
B.7.1 The hotel shall be liable for damages for which it is responsible arising from injury to life, body or health. Furthermore, it shall be liable for other damages based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of duties typical for the contract by the hotel. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent. Further claims for damages are excluded unless otherwise provided for in this clause 7. Should disruptions or defects in the hotel’s services occur, the hotel shall endeavour to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obligated to contribute what is reasonable in order to remedy the disruption and minimise any possible damage.
B.7.2 The hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions. The hotel recommends the use of the hotel or room safe. If the guest wishes to bring in 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 storage agreement with the hotel.
B.7.3 Insofar as a parking space is made available to the customer in the hotel garage or in the hotel car park, even for a fee, this shall not constitute a safekeeping agreement. In the event of loss of or damage to motor vehicles parked or manoeuvred on the hotel premises and their contents, the hotel shall be liable only in accordance with the above Item 7.1, Sentences 1 to 4.
B.7.4 Wake-up calls shall be carried out by the hotel with the utmost care. Messages, mail and consignments of goods for the guests shall be handled with care. The hotel shall undertake the delivery, safekeeping and – on request – forwarding of the same against payment. The hotel shall be liable in this respect only in accordance with the provisions of Clause 7.1, Sentences 1 to 4 above.
B.8. FINAL PROVISIONS
B.8.1 Amendments and supplements to the contract, the acceptance of the application or these General Terms and Conditions shall be made in text form. Unilateral amendments or supplements by the customer shall be invalid.
B.8.2 The place of performance and payment as well as the exclusive place of jurisdiction – also for disputes concerning cheques and bills of exchange – in commercial transactions shall be Munich. If a contractual partner fulfils the requirements of § 38 paragraph 2 of the German Code of Civil Procedure (ZPO) and does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be Munich.
B.8.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
B.8.4 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. In all other respects, the statutory provisions shall apply.