TERMS AND CONDITIONS FOR CONTRACTS REGARDING ACCOMMODATION AND EVENTS

 

1. Scope of application

1.1 – These terms and conditions apply to all contracts regarding the renting of rooms for accommodation and renting of conference, banquet and meeting rooms of the Kräutermühlenhof for the organization of activities such as celebrations, banquets, meetings and events as well as to further services and supplies provided by the Kräutermühlenhof to guests and organizers in this respect.

1.2 – Terms and conditions of the customer which deviate from our own ones shall only apply if agreed in advance.

2. Booking of a room / holiday home

2.1 – If an offer of the Kräutermühlenhof is ordered or accepted by the guest, a guest accommodation contract has been concluded.

2.2 – The conclusion of the guest accommodation contract obliges the contracting parties for the entire duration of the contract to fulfill their mutual obligations.

2.3 – It is the Kräutermühlenhof‘s obligation to keep the room / holiday home available according to the order.

2.4 – It is the guest’s obligation to pay the price for the time (duration) of the provision of the room / holiday home.

2.5 – If a guest does not use the booked room / holiday home, he remains legally obliged to pay the price for the agreed service independent from the reason that prevented him from using the accommodation. Any actual savings incurred by the Kräutermühlenhof in that case will be deducted from the amount due.

2.6 – The following cancellation terms apply: Cancellations can only be accepted in writing (also by e-mail) and require written confirmation by the Kräutermühlenhof. The cancellation fees are:

a) For bookings of up to three rooms:
Up until 7 days prior to arrival: free of charge
Up until 2 days prior to arrival: 50% of the invoice amount
Less than 2 days prior to arrival: 90% of the invoice amount
No show without cancellation: 100% of the invoice amount

b) For bookings of four and more rooms:
Up until 8 weeks prior to arrival: free of charge
Up until 2 weeks prior to arrival: 50% of the invoice amount
Less than 2 weeks prior to arrival: 100% of the invoice amount

2.7 – Subleases of the rented rooms / holiday homes as well as usages for purposes other than accommodation are subject to the prior written consent of the Kräutermühlenhof.

2.8 – The guest shall not be entitled to the usage of a certain specific room. Booked rooms are available to the guest on the agreed arrival day starting 2:00 pm. The customer is not entitled to any earlier usage of the room / holiday home. On the agreed day of departure, the guest agrees to leave the room / holiday home by 10:30 am latest.

2.9 – The Kräutermühlenhof is entitled to withdraw from the contract for materially justifiable reasons, for example if:

a) force majeure or other circumstances beyond the control of the Kräutermühlenhof make the fulfillment of the contract impossible

b) rooms / holiday homes are booked using misleading or incorrect information, e.g. regarding the identity of the guest or purpose of stay

c) the Kräutermühlenhof has reason to believe that the use of the accommodation may jeopardize the smooth operation, safety or reputation of the Kräutermühlenhof in public without being attributable to the sphere of influence of the Kräutermühlenhof.

The Kräutermühlenhof has to inform the customer immediately in case of a withdrawal from the contract. In the event of a legitimate withdrawal by the Kräutermühlenhof, the guest shall not be entitled to any compensation for damages.

2.10 – The Kräutermühlenhof has a claim for payment of all services before departure and accordingly a statutory right of lien on the guests’ goods.

3. Booking of an event

3.1 – If an offer of the Kräutermühlenhof is ordered or accepted by the organizer, a contract has been concluded.

3.2 – If the customer is not the organizer himself, or if a commercial agent or service provider is contracted by the organizer, all parties involved are jointly liable for all obligations entered with regards to the contract.

3.3 – Salaries for musicians and artists shall be covered directly by the organizer. The latter is also responsible for any fees charged by the GEMA.

3.4 – The parties to this contract shall be liable for their respective obligations under the contract.

a) For the Kräutermühlenhof, the liability is limited to deficiencies in services due to intent or gross negligence.

b) The organizer is obligated to notify the Kräutermühlenhof in good time regarding the possibility of an exceptionally high damage. The organizer is liable for his obligations under the contract, especially for the obligation to pay the agreed price for the service rendered. In case of damage caused by the organizer or his agents, the organizer is liable to the Kräutermühlenhof.

3.5 – The Kräutermühlenhof is entitled to demand a reasonable advance payment at any time. The amount of the advance payment and the payment dates are agreed in writing in the contract. If an agreed advance payment is not made even after the expiry of a reasonable grace period set by the Kräutermühlenhof, the latter is entitled to withdraw from the contract.

3.6 – Furthermore, the Kräutermühlenhof is entitled to withdraw from the contract for materially justifiable reasons, e.g. if:

a) force majeure or other circumstances beyond the control of the Kräutermühlenhof make the fulfillment of the contract impossible

b) events are booked using misleading or incorrect information, e.g. regarding the identity of the organizer or purpose of the event

c) the Kräutermühlenhof has reason to believe that the event may jeopardize the smooth operation, safety or reputation of the Kräutermühlenhof in public without being attributable to the sphere of influence of the Kräutermühlenhof.

3.7 – In case the booked and agreed services are not utilized by the organizer, the Kräutermühlenhof is entitled to claim the damages incurred. The following applies: Food revenues = agreed price per person x number of persons less saved expenses. In the event of cancellation by the organizer, the Kräutermühlenhof is entitled to charge the agreed room rental, as long as a rental of the venue to an alternative party is no longer possible. In any case, the cancellation needs to be submitted in writing (also by e-mail) and requires written confirmation by the Kräutermühlenhof.

3.8 – The calculation is based on the number of persons reported to the Kräutermühlenhof up to 14 days before the event. A reduction in the number of participants by a maximum of 5% is accepted by the Kräutermühlenhof free of charge. In case of deviations beyond this percentage, the originally agreed number of participants minus 5% shall be taken as the basis.

3.9 – The organizer is liable for all orders of his guests. For guests who do not show up, the saved expenses are deducted.

3.10 – The organizer is not allowed to bring food or drinks to events. Exceptions require a written agreement with the Kräutermühlenhof.

4. Closing provisions

4.1 – Place of performance and payment is the seat of the Kräutermühlenhof.

4.2 – The court of jurisdiction is the seat of the Kräutermühlenhof.

4.3 – German law shall apply.

4.4 – Should individual provisions of these terms and conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.

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