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These terms and conditions apply to contracts for all services and deliveries of Ross Messehotel GmbH (hereafter referred to as Ross Messehotel), in particular for the rental of event rooms of the hotel for the implementation of events such as banquets, seminars, meetings, exhibitions, presentations, and hotel rooms for accommodation, etc.
II. Conclusion of contract, contract partners, statute of limitations
1. The contract is concluded when the hotel confirms the order with the client. Only these terms and conditions are part of the contract; any terms and conditions of the client are not recognized.
2. If a third party has ordered for a customer, he and the customer are jointly and severally liable to Hotel Ross Messehotel. Subletting or re-letting requires the written consent of the Ross Messehotel.
3. All claims against the Hotel Ross Messehotel become statute-barred one year from the start of the statutory limitation period. Claims for damages become statute-barred after five years regardless of knowledge.
III. Prices and services as well as changes in the number of participants or overnight stays and the time of the event
1. The prices are based on the price list valid at the time the service is provided and include the respective statutory value added tax. If fixed prices are specified in the order confirmation and there are more than 4 months between the conclusion of the contract and the provision of the service, the Ross Messehotel is entitled to make reasonable price changes.
2. The Hotel Ross Messehotel can request a reasonable advance payment from the client and / or third party at any time.
3. If the number of participants and overnight stays deviate by more than 10%, the Hotel Ross Messehotel is entitled to redefine the agreed prices and to swap the confirmed rooms, unless this is unreasonable for the client.
4. The client has no right to the provision of certain rooms or premises. If agreed rooms are not available, the Hotel Ross Messehotel is obliged to try to find an equivalent replacement in the house or in other objects.
5. For events that go beyond the contractually agreed period, otherwise beyond 10 p.m., the Hotel Ross Messehotel can charge additional expenses, in particular for follow-up events and staff.
6. The client undertakes to inform the Hotel Ross Messehotel immediately without being asked, at the latest when the contract is concluded, that the provision of services and / or the event, be it due to its political, religious or other character, is suitable to arouse public interest or concerns of Affecting Ross fair hotels. Newspaper advertisements, other advertising measures and publications that relate to the hotel and / or contain, for example, invitations to job interviews or sales events, generally require the written consent of the Ross Messehotel. If the client violates this duty to inform or if a publication takes place without such consent, the Ross Messehotel has the right to cancel this event.
7. Invoices that are not due according to the calendar are payable within eight days of the invoice date without deduction. The Hotel Ross Messehotel is entitled to make accrued claims due at any time and to demand immediate payment.
8. In the event of default in payment, the Hotel Ross Messehotel is entitled to demand the applicable default interest of currently 8% or, in the case of legal transactions in which a consumer is involved, of 5% above the base rate. The Hotel Ross Messehotel reserves the right to provide evidence of higher damage.
IV. Withdrawal by the customer (cancellation, cancellation / failure to use the hotel's services (no-show)
1. Withdrawal by the customer from the contract concluded with Hotel Ross Messehotel is only possible if a right of withdrawal has been expressly agreed in the contract, another statutory right of withdrawal exists or if Hotel Ross Messehotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as any consent must be made in writing.
2. If an appointment has been agreed between the Hotel Ross Messehotel and the customer to withdraw from the contract free of charge, the customer can withdraw from the contract until then without triggering claims for payment or damages by the hotel. The customer's right of withdrawal expires if he does not exercise his right of withdrawal vis-à-vis the hotel by the agreed date.
3. If withdrawal has not been agreed or has already expired, 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 retains the right to the agreed remuneration despite not using the service. In this case, the customer is obliged to pay 100% of the contractually agreed price for accommodation with or without breakfast as well as for all-inclusive arrangements with third-party services, 70% for half-board and 60% for full-board arrangements. The customer is free to provide evidence that the aforementioned claim has not arisen or has not arisen to the extent required.
V. Resignation of the hotel
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 for its part entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked rooms and the customer answers questions from the hotel not waiving his right to withdraw after setting a reasonable deadline.
2. If an agreed or requested advance payment or security deposit is not made even after a reasonable grace period set by the hotel has expired, the Hotel Ross Messehotel is also entitled to withdraw from the contract.
3. Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for a materially justified reason, in particular if force majeure or circumstances for which the hotel is not responsible make it impossible to fulfill the contract; - rooms or rooms are culpably booked with misleading or false information or with concealment of essential facts; The identity of the customer, solvency or purpose of stay can be essential; - the hotel has justified cause to believe that the use of the service may endanger the smooth business operations, the security or the reputation of the hotel in public, without this being in any way affecting the sovereign or Is to be assigned to the hotel's organizational area; -the purpose or the cause of the stay is illegal;
VI. Hotel liability
1. Items left behind by the client will only be forwarded on request, at the risk and expense of the client. The Hotel Ross Messehotel will keep the items for 4 months and may charge a reasonable fee for them.
2. If the client is provided with a parking space in the hotel garage or on the hotel car park, even for a fee, this does not result in an administration contract. The Hotel Ross Messehotel is not obliged to monitor.
3. The Hotel Ross Messehotel is liable for the diligence of a prudent businessman. Should disruptions or deficiencies in the services of the Hotel Ross Messehotel occur, the Hotel Ross Messehotel will endeavor to remedy the situation upon immediate notification of the client.
4. The Hotel Ross Messehotel is only liable in the event of willful intent or gross negligence. Safekeeping requires an express agreement. Offsetting, reduction or retention are only permissible for the client in the case of undisputed or legally established counterclaims.
5. In the event of force majeure (fire, strike, etc.) or other hindrances for which the Hotel Ross Messehotel is not responsible or impairing circumstances (e.g. reputation risk), in particular those outside the sphere of influence of the Hotel Ross Messehotel, the Hotel Ross Messehotel reserves the right to do so Right to withdraw from the contract without the client being entitled to a claim, e.g. for damages.
VII. Customer liability
1. The client is liable to the Hotel Ross Messehotel for damage or loss that occurs during the term of the contract, unless the damage is the responsibility of the Hotel Ross Messehotel or was caused by a third party and the third party actually pays compensation, which the client can prove in each case is.
2. The attachment of decorative material or similar, as well as the use of areas in the Hotel Ross Messehotel outside of the rented rooms, e.g. for exhibition purposes, expressly require the written consent of the Hotel Ross Messehotel and can be made dependent on the payment of an additional fee. These and other objects brought in by the client must comply with the local fire protection regulations. If they are not picked up immediately, but no later than 12 hours after the end of the event, they will be stored at the Hotel Ross Messehotel, for which the client owes an appropriate remuneration, at least equal to the rental costs for the room used. Garbage left behind by the client can be disposed of by the Hotel Ross Messehotel at the client's expense.
3. The customer must obtain “official” permits required for an event in good time at his own expense. He is responsible for compliance with public law requirements and other regulations. For the event to be paid to third parties, in particular GEMA fees, entertainment tax, etc., he has to pay directly to the creditor.
VIII. Technical equipment and connections
1. Insofar as the Hotel Ross Messehotel procures technical or other equipment from third parties for the client, it acts on behalf of and for the account of the client; he is liable for the careful handling and proper return of the equipment and releases the Hotel Ross Messehotel from all third-party claims arising from the surrender.
2. The use of the customer's own electrical systems using the Hotel Ross Messehotel's electricity network requires the latter's written consent.
3. Faults in the technical or other equipment made available by the Hotel Ross Messehotel will be eliminated immediately as far as possible. For this reason, payments cannot be withheld or reduced.
IX. Bringing food and drinks
The customer is generally not allowed to bring food and drinks to events. In special cases, a written agreement can be made about this; at least a service fee or corkage fee is charged.
X. Provision of rooms
1. Booked rooms are available to the client from 3:00 p.m. They must be vacated by 11:00 a.m. on the day of departure.
2. The client is not entitled to the provision of certain rooms or premises.
XI. Final provisions
1. Changes or additions to the contract, the acceptance of applications or these terms and conditions should be made in writing. Unilateral changes or additions by the customer are invalid.
2. Should individual provisions of these general terms and conditions be or become ineffective or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.
3. The place of fulfillment and payment as well as the exclusive place of jurisdiction in commercial transactions is the location of the hotel. 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 the hotel's registered office under company law.
4. German law applies. The application of the UN sales law and the conflict of laws is open.
5. Should individual provisions of these general terms and conditions be or become ineffective or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.