General terms and conditions of business
General terms and conditions for events at Berghotel Jägerhof Helmut Aurenz GmbH & Co. KG
1. Scope
These General Terms and Conditions (GTC) apply to contracts for the rental of conference, banquet and event rooms at the Berghotel Jägerhof for events such as banquets, seminars, conferences, etc., as well as for all other related services and deliveries of the Berghotel Berghotel Jägerhof .
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The sub-letting or re-letting of the rooms provided requires the prior written consent of the Berghotel Jägerhof, whereby Section 540, Paragraph 1, Clause 2 of the German Civil Code is waived if the customer is not a consumer.
The customer's terms and conditions only apply if this has been expressly agreed in writing beforehand.
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3. Services, prices, payment, offsetting
The Berghotel Jägerhof is obliged to provide the services ordered by the customer and promised by the Berghotel Jägerhof.
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The customer is obliged to pay the agreed or usual prices of the Berghotel Jägerhof for these and other services used. This also applies to lines and expenses of the Berghotel Jägerhof to third parties caused by him, in particular also to claims from copyright stockholding companies.
The agreed prices include the respective statutory VAT. If the period between the conclusion of the contract and the event exceeds 4 months and the price generally charged by Berghotel Jägerhof for such lines increases, the contractually agreed price can be increased appropriately, but by no more than 5%
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Invoices from the Berghotel Jägerhof without a due date are payable within 10 days of receipt of the invoice without deduction. The Berghotel Jägerhof is entitled to make expired claims due at any time and to demand immediate payment. In the event of default in payment, the Berghotel Jägerhof is entitled to demand the applicable statutory default interest of currently 8% or, in the case of legal transactions in which a consumer is involved, of 5% above the base interest rate. The Berghotel Jägerhof reserves the right to prove greater damage.
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The Berghotel Jägerhof is entitled to demand appropriate advance payments at any time. The amount of the advance payments and the payment dates are set out in writing in the contract
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The customer can only offset or reduce a claim from the Berghotel Jägerhof with an undisputed or legally binding claim.
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Complaints and notices of defects can only be taken into account verbally during the event and in writing immediately after the end of the event. Later complaints have no effect.
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4. Withdrawal by the customer (shutdown, cancellation)
The customer can withdraw from the contract in writing up to 5 months before the start of the event without triggering payment or damage claims on the part of the Berghotel Jägerhof.
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If the customer withdraws in writing less than 5 months before the event date (VA), the following regulations apply. The percentages given relate to the expected turnover or the budget agreed up to that point.
up to 5 months before VA free of charge (kf)
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The deduction of saved expenses is due to the preceding Nm. 3-5 of these General Terms and Conditions. The customer is free to prove that the above claim did not arise or did not arise in the required amount.
city
restaurants
meetings
5,500 €
€990
€1,500
from 5 months before VA 50% of the expected turnover, but at least
from 3 months before VA 80% of the expected turnover, but at least
1,800 €
from 1 months before VA 100% of the expected turnover, but at least
3,000 €
5. Resignation of Berghotel Jägerhof
If an advance payment is not made, or if one of the advance payments requested in accordance with No. 3 (5) of these General Terms and Conditions is not made, the Berghotel Jägerhof is also entitled to withdraw from the contract, in which case cancellation costs must be taken into account.
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Furthermore, the Berghotel Jägerhof is entitled to withdraw from the contract for objectively justified reasons, for example if
- force majeure or other circumstances for which Berghotel Jägerhof is not responsible make it impossible to fulfill the contract,
- events are booked with misleading or false information about essential facts, e.g. the customer or the purpose,
- the Berghotel Jägerhof has justified reason to believe that the event could jeopardize the smooth running of business, the security or the reputation of the Berghotel Berghotel Jägerhof in public, without this being attributable to the control or organizational area of the Berghotel Jägerhof.
- there is a breach of Section 1 No. (2) of these General Terms and Conditions.
If the Berghotel Jägerhof withdraws with justification, the customer is not entitled to compensation
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If the number of participants deviates by more than 10%, the Berghotel Jägerhof is entitled to reset the agreed prices and to exchange the confirmed rooms, unless this is unreasonable for the customer.
6. Change in the number of participants and the event time
A change in the number of participants must be communicated to the Berghotel Jägerhof at least 7 calendar days before the start of the event; it requires the written consent of the Berghotel Jägerhof. Changes in the number of participants communicated later - and only up to 12 hours before the start of the event - are only taken into account to the extent that a place-specific cover can take place
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If the Berghotel Jägerhof agrees, the changed number of participants is binding for the price. The customer also has the right to reduce the price by the expenses saved by the lower number of participants, to be proven by him.
In the event of an upward deviation, the actual number of participants will be charged.
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If the agreed start or end times of the event are changed and the Berghotel Jägerhof agrees to these deviations, the Berghotel Jägerhof can charge for the additional service provided, unless the Berghotel Jägerhof is at fault. The end of the event is always 1:00 a.m., unless a different closing time has been agreed
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All claims against the Berghotel Jägerhof generally lapse after one year from the start of the statutory limitation period. Claims for damages become time-barred after 5 years, regardless of knowledge. The shortening of the limitation period does not apply to claims based on an intentional or grossly negligent breach of duty.
2. conclusion of contract, contractual partner, liability and statute of limitations
The contract is concluded when the Berghotel Jägerhof accepts the customer's application; they are the contractual partners.
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If the customer 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 the Berghotel Jägerhof has received a corresponding declaration from the organizer.
The hotel is liable with the diligence of a prudent businessman for its obligations under the contract. Customer claims for damages are excluded. Excluded from this are damages resulting from injury to life, limb or health if Berghotel l Jägerhof is responsible for the breach of duty, other damages that are based on an intentional or grossly negligent breach of duty by Berghotel Jägerhof. A breach of duty by the Berghotel Jägerhof is equivalent to that of a legal representative or vicarious agent. If disruptions or defects in the services of the Berghotel Jägerhof occur, the Berghotel Jägerhof 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 minimize possible damage. In addition, the customer is obliged to inform the Berghotel Jägerhof in good time of the possibility of exceptionally high damage occurring.
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7. Bringing food and drinks
In principle, the customer may not bring food and drinks to events. Exceptions require a written agreement with the Berghotel Jägerhof. In these cases, a contribution to cover overhead costs will be charged.
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Malfunctions in the technical or other equipment provided by the Berghotel Jägerhof will be confirmed immediately if possible. Payments cannot be withheld or reduced if the Berghotel Jägerhof is not responsible for these disruptions.
8. Technical equipment and connections
Insofar as the Berghotel Jägerhof procures technical or other equipment from third parties at the customer's request, the hotel acts in the name, with authority and for the account of the customer. The customer is liable for careful handling and proper return. He exempts the Berghotel Jägerhof from all third-party claims arising from the provision of this facility.
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The use of the customer's own electrical systems and the use of the electricity network of the Berghotel Jägerhof requires the customer's written consent. Disturbances or damage to the technical systems of the Berghotel Jägerhof caused by the use of these devices are at the expense of the customer, insofar as the Berghotel Jägerhof is not responsible for them. The Berghotel Jägerhof may record and charge a flat rate for the electricity costs arising from the use.
With the consent of the Berghotel Jägerhof, the customer is entitled to use his own telephone, fax and data transmission facilities. The Berghotel Jägerhof may charge a connection fee for this.
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Use of fireworks and other open flames or is prohibited
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The Berghotel Jägerhof reserves the right to forward any items left lying around 30 days after the event – of whatever kind – to the public lost and found office.
9. Loss or damage of items brought along
Exhibition or other items, including personal items, are in the event rooms at the risk of the customer or the Berghotel Jägerhof accepts no liability for loss, destruction or damage, including financial loss, except in the case of gross negligence or intent on the part of the Berghotel Jägerhof. Excluded from this are damages resulting from injury to life, body 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. If the Berghotel Jägerhof is to be held liable for objects brought in, we will be happy to arrange a security service for guarding for €27.50*/hour plus statutory VAT. VAT
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Decoration material brought along must meet the fire protection requirements. The Berghotel Jägerhof is entitled to demand official proof for this. If such proof is not provided, the Berghotel Jägerhof 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 the Berghotel Jägerhof in advance.
Any exhibits or other items brought along must be removed immediately after the end of the event or after consultation. If the customer fails to do so, Berghotel Jägerhof may remove and store them at the customer's expense. If the items remain in the event room, the Berghotel Jägerhof can charge a reasonable fee for use for the duration of the stay. The customer is free to prove that the above claim has arisen or not in the required amount.
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10. Customer liability for damage
The customer or guest is liable for all damage to the building or inventory caused by event participants or visitors, other third parties in his area or himself.
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The Berghotel Jägerhof can require the customer to provide appropriate security (e.g. insurance, deposits, citizenship).
11. Final Provisions
Changes and/or additions to the contract, the acceptance of applications or these GTC for events should be made in writing. Unilateral changes and/or additions by the customer are invalid
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The place of performance and payment is the headquarters of the Berghotel Jägerhof.
The exclusive place of jurisdiction – also for check and bill of exchange disputes – is the seat of the Berghotel Jägerhof in commercial transactions. If the 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 the registered office of the Berghotel Jägerhof.
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