Terms and Conditions
1 SCOPE OF APPLICATION
1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and all other services and deliveries provided by the hotel to the customer in this context (hotel accommodation contract). The term "hotel accommodation contract" encompasses and replaces the following terms: accommodation contract, guest accommodation contract, hotel contract, hotel room contract.
1.2 The subletting or re-letting of the rooms provided, as well as their use for purposes other than accommodation, require the prior written consent of the hotel, whereby § 540 (1) sentence 2 BGB (German Civil Code) is waived if the customer is not a consumer within the meaning of § 13 BGB.
1.3 The customer's general terms and conditions shall only apply if this has been expressly agreed in writing in advance.
2 CONCLUSION OF CONTRACT, CONTRACTUAL PARTNERS, STATUTE OF LIMITATIONS
2.1 The contracting parties are the hotel and the customer. The contract is concluded when the hotel accepts the customer's request. The hotel is free to confirm the room reservation in writing.
2.2 All claims against the hotel shall generally become time-barred one year after the start of the statutory limitation period. This shall not apply to claims for damages and other claims, provided that the latter are based on an intentional or grossly negligent breach of duty by the hotel.
3 SERVICES, PRICES, PAYMENT, SET-OFF
3.1 The hotel is obligated to keep the rooms booked by the customer available and to provide the agreed services.
3.2 The customer is obligated to pay the agreed or applicable hotel prices for the provision of the room and any other services used by him. This also applies to services ordered by the customer directly or through the hotel, which are provided by third parties and paid for by the hotel.
3.3 The agreed prices include all taxes and local charges applicable at the time the contract is concluded. Local charges that are payable by the guest themselves in accordance with the respective municipal law, such as visitor's tax, are not included. In the event of a change in the statutory sales tax or the introduction, change, or abolition of local charges on the subject matter of the contract after the conclusion of the contract, the prices will be adjusted accordingly. In the case of contracts with consumers, this shall only apply if the period between the conclusion of the contract and the performance of the contract exceeds four months.
3.4 The hotel may make its consent to a subsequent reduction in the number of rooms booked, the hotel's services, or the length of the customer's stay requested by the customer contingent upon an appropriate increase in the price for the rooms and/or other hotel services.
3.5 Hotel invoices are due for payment immediately upon receipt without deduction. If payment on account has been agreed, payment must be made within ten days of receipt of the invoice without deduction, unless otherwise agreed.
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 writing in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected. In the event of default of payment by the customer, the statutory provisions shall apply.
3.7 In justified cases, for example, if the customer is in arrears with payment or if the scope of the contract is extended, the hotel is entitled, even after conclusion of the contract and up to the beginning of the stay, to demand an advance payment or security deposit within the meaning of clause 3.6 above, or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration. © Hotelverband Deutschland (IHA) e.V. Page 6
3.8 The hotel is also entitled to demand a reasonable advance payment or security deposit from the customer at the beginning and during the stay in accordance with section 3.6 above for existing and future claims arising from the contract, unless such a payment has already been made in accordance with section 3.6 and/or section 3.7 above.
3.9 The customer may only offset or set off a claim against a claim by the hotel if the claim is undisputed or legally binding.
3.10 The customer agrees that the invoice may be sent to them electronically.
4 CANCELLATION BY THE CUSTOMER (CANCELLATION, CANCELLATION)/ NON-USE OF THE HOTEL'S SERVICES (NO SHOW)
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 there is a statutory right of withdrawal, or if the hotel expressly agrees to the cancellation of the contract.
4.2 If a date for free withdrawal from the contract has been agreed between the hotel and the customer, the customer may withdraw from the contract until that date without triggering any payment or compensation claims by the hotel.
4.3 If a right of withdrawal has not been agreed or has already expired, and if there is no statutory right of withdrawal or termination and the hotel does not agree to cancel the contract, the hotel shall retain its claim to the agreed remuneration despite the service not being used. The hotel shall offset the income from renting the rooms to other parties and the expenses saved. If the rooms are not rented to other parties, the hotel may charge a flat rate for the deduction for expenses saved. In this case, the customer is obliged to pay 90% of the contractually agreed price for overnight accommodation with or without breakfast, as well as for package deals with third-party services, 70% for half-board and 60% for full-board arrangements. The customer is free to prove that the aforementioned claim has not arisen or has not arisen in the amount claimed.
4.4 Supplementary agreement on room cancellations
Total cancellation:
- 8 weeks prior to arrival: free of charge
- 7-5 weeks prior to arrival: 25%
- 4-3 weeks prior to arrival: 50%
- 2 weeks prior to arrival: 80%
- 1 week prior to arrival: 90%
Individual cancellations of up to 2 hotel rooms are free of charge up to 2 days prior to arrival.
Cancellations or reductions must be made in writing.
5 WITHDRAWAL BY THE HOTEL
5.1 If it has been agreed that the customer may withdraw from the contract free of charge within a certain period, the hotel is entitled to withdraw from the contract during this period if other customers have made inquiries about the contractually booked rooms and the customer does not waive his right of withdrawal upon inquiry by the hotel with a reasonable deadline. This shall apply accordingly if an option has been granted, if other inquiries have been received and the customer is not prepared to make a firm booking after being asked by the hotel to do so within a reasonable period of time.
5.2 If an advance payment or security deposit agreed or requested in accordance with Section 3.6 and/or Section 3.7 is not made even after a reasonable grace period set by the hotel has expired, the hotel shall also be entitled to withdraw from the contract.
5.3 Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, in particular if:
- force majeure or other circumstances beyond the hotel's control make it impossible to fulfill the contract;
- Rooms are booked culpably under misleading or false information or by concealing essential facts; essential facts may include the identity of the customer, their solvency, or the purpose of their stay;
- the hotel has reasonable grounds to believe that the use of the service may jeopardize the smooth running of the business, the safety, or the public reputation of the hotel, without this being attributable to the hotel's sphere of control or organization;
- the purpose or reason for the stay is unlawful;
- there is a violation of section 1.2 above.
5.4 The hotel's justified withdrawal does not entitle the customer to claim damages.
6 ROOM PROVISION, HANDOVER, AND RETURN
6.1 The customer shall not be entitled to claim the provision of specific rooms, unless this has been expressly agreed in writing.
6.2 Reserved rooms are available to the customer from 3:00 p.m. on the agreed arrival date. The customer has no right to earlier availability.
6.3 On the agreed departure date, the rooms must be vacated and made available to the hotel by 12:00 noon at the latest. After this time, the hotel may charge 50% of the full accommodation price (price according to the price list) for use of the room beyond the contractual period until 6:00 p.m., and 90% after 6:00 p.m. This does not justify any contractual claims on the part of the customer. The customer is free to prove that the hotel has incurred no or a significantly lower claim for usage fees.
7 LIABILITY OF THE HOTEL
7.1 The hotel is liable for damages for which it is responsible resulting from injury to life, limb, or health. Furthermore, it is 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 typical contractual obligations of the hotel. Typical contractual obligations are those obligations that enable the proper execution of the contract in the first place and on whose fulfillment the customer relies and may rely. 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 Section 7. Should disruptions or defects occur in the hotel's services, the hotel will endeavor to remedy the situation upon becoming aware of it or upon immediate complaint by the customer.
The customer is obliged to contribute what is reasonable to remedy the fault and minimize any possible damage.
7.2 The hotel is 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 customer wishes to bring in money, securities, and valuables with a value of more than $800 or other items with a value of more than $3,500, this requires a separate storage agreement with the hotel.
7.3 If the customer is provided with a parking space in the hotel garage or on the hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. In the event of loss or damage to motor vehicles parked or maneuvered on the hotel premises and their contents, the hotel shall only be liable in accordance with the provisions of the above clause 7.1, sentences 1 to 4.
7.4 Wake-up calls will be carried out by the hotel with the utmost care. Messages for guests will be handled with care. The hotel may, after prior consultation with the guest, accept, store and, upon request, forward mail and goods for a fee. The hotel shall only be liable in this regard in accordance with the provisions of section 7.1, sentences 1 to 4 above. Page 8
8 FINAL PROVISIONS
8.1 Amendments and additions to the contract, the acceptance of applications, or these General Terms and Conditions must be made in writing. Unilateral amendments or additions are invalid.
8.2 The place of performance and payment as well as the exclusive place of jurisdiction—including for disputes relating to checks and bills of exchange—in commercial transactions is the operating company XX Hotels GmbH, Forchtenberg. If the customer meets the requirements of Section 38 (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 the operating company XX Hotels GmbH, Forchtenberg.
8.3 German law applies. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
8.4 In accordance with its legal obligation, the hotel points out that the European Union has set up an online platform for the out-of-court settlement of consumer disputes ("OS Platform"): http://ec.europa.eu/consumers/odr/
PARKING GARAGE AND HOTEL PARKING SPACE TERMS AND CONDITIONS (AGBP)
1 LEASE AGREEMENT
1.1 Upon acceptance of the parking ticket and/or upon entering the parking garage or hotel parking lot (hereinafter referred to as the "parking area"), a rental agreement is concluded between the hotel and the renter for the parking period requested by the renter within the opening hours in accordance with these parking conditions.
1.2 Neither surveillance nor safekeeping are the subject of this contract. The hotel does not assume any responsibility or special duty of care for items brought in by the tenant.
2 TERMS OF USE
2.1 The tenant is obliged to exercise the necessary care when driving. In particular, the special traffic rules and safety regulations posted in the parking area must be observed. Instructions given by hotel staff for safety reasons or relating to house rules must always be followed immediately. In all other respects, the provisions of the German Road Traffic Regulations (StVO) apply accordingly.
2.2 Vehicles may only be parked within the marked parking spaces, but not in the spaces reserved for long-term users, as indicated by signs. The hotel is entitled to move incorrectly parked vehicles or have them moved at the expense of the renter. The hotel may charge a flat fee for this; in this case, the renter may prove that the costs were not incurred or were significantly lower than the flat fee.
2.3 The hotel is also entitled to remove the tenant's vehicle from the parking area in case of imminent danger.
2.4 All renters are advised to always lock their vehicle carefully after leaving it and not to leave any valuables behind.
2.5 Opening hours are listed on the relevant notices.
3 SAFETY AND REGULATIONS
3.1 Vehicles may only be driven at walking speed in the parking area.
3.2 The following are not permitted in the parking area: − smoking and the use of fire, − the storage of fuel, fuel containers, and flammable objects, − leaving engines running unnecessarily, − parking vehicles with leaking tanks or carburetors, − refueling, repairing, washing, or cleaning the interior of vehicles, − draining coolant, fuel, or oil, − distributing advertising material.
3.3 Staying in the parking area is only permitted for the purpose of parking, loading, unloading, and picking up vehicles.
3.4 The tenant must immediately remove any contamination caused by him.
4 FEE/PARKING DURATION
4.1 The amount of the parking fee to be paid and the permitted parking time are specified in the currently valid price list displayed on site.
4.2 The maximum parking period is one month, unless a special agreement is made in individual cases.
4.3 Once the maximum parking period has expired, the hotel is entitled to have the vehicle removed from the parking area at the renter's expense, provided that the renter and/or vehicle owner has been notified in writing at least two weeks in advance and this notification has remained without response, or the value of the vehicle clearly does not exceed the rent due. The hotel is entitled to a fee in accordance with the price list until the vehicle is removed.
4.4 If the parking ticket is lost, a fee of at least one day's rate will be charged, unless the renter can prove that the parking time was shorter or the hotel can prove that it was longer.
4.5 The hotel may verify the authorization to collect and use the vehicle. Proof shall be provided, among other things, by presenting the parking ticket; the renter may provide other proof.
4.6 If the tenant uses more than one parking space with his vehicle, the hotel is entitled to charge the full parking fee for the number of parking spaces actually used.
5 LIABILITY OF THE HOTEL
5.1 The hotel shall only be liable for damages that can be proven to have been caused by it or its vicarious agents through intent or gross negligence. This limitation of liability shall not apply in the event of injury to life, limb, or health, or in the event of a breach of essential contractual obligations.
5.2 The renter is obliged to report any damage to his vehicle to the hotel immediately.
5.3 The hotel accepts no liability for damage caused by other tenants or other third parties. This applies in particular to damage, destruction, or theft of the parked vehicle or movable/built-in items from the vehicle or items attached to or on the vehicle.
5.4 If the renter is a hotel guest and the hotel parks or collects the vehicle at the renter's request, this does not constitute a safekeeping agreement or a duty of supervision, as this is merely a courtesy provided by the hotel to the guest. Any damage caused to other vehicles or property in the process shall be settled through the renter's/vehicle owner's motor vehicle liability insurance. Furthermore, the hotel and the driver commissioned by the hotel are not liable for damage caused directly to the renter's vehicle or for any financial disadvantages in connection with the settlement of damage to other vehicles or property via the renter's/vehicle owner's motor vehicle liability insurance (deductibles, premium increases, etc.), unless the driver commissioned by the hotel caused the damage intentionally or through gross negligence.
6 LIABILITY OF THE TENANT
6.1 The renter is liable for any damage culpably caused to the hotel by himself or his vicarious agents, his representatives, or his accompanying persons. He is obliged to report such damage to the hotel without being asked to do so before leaving the parking area.
6.2 The lessee shall be liable for the cleaning costs incurred as a result of contamination of the parking area caused by him within the meaning of clause 3.2.
7 LIEN/RIGHT OF RETENTION/REALIZATION
7.1 The hotel has a right of retention and a statutory lien on the tenant's parked vehicle due to its claims arising from the rental agreement.
7.2 The hotel is entitled to remove and/or dispose of vehicles or trailers without official license plates, provided that the renter/vehicle owner has been warned in advance and has not complied with the request to remove the vehicle within a reasonable period of time set by the hotel. Such a warning and request is not necessary if the renter/vehicle owner could not be identified even after reasonable measures had been taken. The renter/vehicle owner is entitled to any proceeds from the sale, less the costs incurred and the parking fees accrued up to the time of removal of the vehicle.
7.3 Notwithstanding the rights under Sections 7.1 and 7.2, the tenant shall be liable to the hotel for all costs incurred.
GENERAL TERMS AND CONDITIONS FOR EVENTS
1 SCOPE OF APPLICATION
1.1 These terms and conditions apply to contracts for the rental of conference, banquet, and event rooms at the hotel for the purpose of holding events such as banquets, seminars, conferences, exhibitions, and presentations, etc., as well as to all other services and deliveries provided by the hotel to the customer in this context.
1.2 The subletting or re-letting of the rooms, areas, or display cases provided, as well as invitations to interviews, sales events, or similar events, require the prior written consent of the hotel, whereby § 540 (1) sentence 2 BGB (German Civil Code) is waived if the customer is not a consumer.
1.3 The customer's general terms and conditions shall only apply if this has been expressly agreed in advance.
2 CONCLUSION OF CONTRACT, CONTRACTUAL PARTNERS, LIABILITY, STATUTE OF LIMITATIONS
2.1 The contracting parties are the hotel and the customer. The contract is concluded when the hotel accepts the customer's request. The hotel is free to confirm the booking of the event in writing.
2.2 The hotel is liable for damages for which it is responsible resulting from injury to life, limb, or health. Furthermore, it is 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 typical contractual obligations of the hotel. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. Further claims for damages are excluded, unless otherwise stipulated in Section 9. Should disruptions or defects occur in the hotel's services, the hotel will endeavor to remedy the situation upon becoming aware of it or upon immediate complaint by the customer. The customer is obliged to contribute what is reasonable to remedy the disruption and minimize any possible damage. Furthermore, the customer is obliged to inform the hotel in good time of the possibility of exceptionally high damage occurring.
2.3 All claims against the hotel shall become time-barred one year after the start of the statutory limitation period. This shall not apply to claims for damages and other claims, provided that the latter are based on an intentional or grossly negligent breach of duty by the hotel.
3 SERVICES, PRICES, PAYMENT, SET-OFF
3.1 The hotel is obligated to provide the services ordered by the customer and confirmed by the hotel.
3.2 The customer is obligated to pay the agreed or applicable prices of the hotel for these and other services used. This also applies to services ordered by the customer directly or through the hotel, which are provided by third parties and paid for by the hotel. In particular, this also applies to claims by copyright collecting societies.
3.3 The agreed prices include the taxes applicable at the time the contract is concluded. In the event of changes to the statutory sales tax or the introduction, change, or abolition of local taxes on the subject matter of the contract after the contract has been concluded, the prices shall be adjusted accordingly. In the case of contracts with consumers, this shall only apply if the period between the conclusion of the contract and the performance of the contract exceeds four months.
3.4 Hotel invoices without a due date are payable without deduction within ten days of receipt of the invoice. The hotel may demand immediate payment of due claims from the customer at any time. In the event of default of payment by the customer, the statutory provisions shall apply. The hotel reserves the right to prove higher damages.
3.5 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 can be agreed in writing in the contract. In the event of default of payment by the customer, the statutory provisions shall apply.
3.6 In justified cases, for example, if the customer is in arrears with payment or the scope of the contract is extended, the hotel is entitled, even after conclusion of the contract and up to the start of the event, to demand an advance payment or security deposit within the meaning of clause 3.5 above, or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
3.7 The customer may only offset or set off a claim against a claim by the hotel if the claim is undisputed or legally binding.
4 WITHDRAWAL BY THE CUSTOMER (CANCELLATION, CANCELLATION)
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 there is another statutory right of withdrawal, or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal and any consent to the cancellation of the contract must be made in writing.
4.2 If a date for free withdrawal from the contract has been agreed between the hotel and the customer, the customer may withdraw from the contract until that date without triggering any payment or compensation claims 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.
4.3 If a right of withdrawal has not been agreed or has already expired, and if there is no statutory right of withdrawal or termination and the hotel does not agree to cancel the contract, the hotel shall retain its claim to the agreed remuneration despite the service not being used. The hotel shall offset the income from renting the rooms to other parties and the expenses saved. The expenses saved in each case can be calculated as a lump sum in accordance with sections 4.4 and 4.5. The customer is free to prove that the claim has not arisen or has not arisen in the amount claimed. The hotel is free to prove that a higher claim has arisen.
4.4. Cancellations of banquet and conference bookings, room rentals
For cancellations at short notice, we reserve the right to charge cancellation fees:
- 8 weeks prior to arrival: free of charge
- 7-5 weeks prior to arrival: 25%
- 4-3 weeks prior to arrival: 50%
- 2 weeks prior to arrival: 80%
- 1 week prior to arrival: 90%
4.5 Food sales are calculated using the following formula: agreed menu price x number of participants. If no price has been agreed for the menu, the cheapest 3-course menu from the currently valid event offer will be used as a basis.
5 WITHDRAWAL BY THE HOTEL
5.1 If it has been agreed that the customer may withdraw from the contract free of charge within a certain period, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers for the contractually booked event rooms and the customer does not waive his right of withdrawal upon inquiry by the hotel with a reasonable deadline.
5.2 If an advance payment or security deposit agreed or requested in accordance with Section 3.5 and/or Section 3.6 is not made even after a reasonable grace period set by the hotel has expired, the hotel shall also be entitled to withdraw from the contract.
5.3 Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, in particular if
- Force majeure or other circumstances beyond the hotel's control that make it impossible to fulfill the contract;
- Events or rooms are booked culpably under misleading or false information or by concealing essential facts; essential facts may include the identity of the customer, their solvency, or the purpose of their stay;
- the hotel has reasonable grounds to believe that the event may jeopardize the smooth running of the business, the safety, or the public image of the hotel, without this being attributable to the hotel's sphere of control or organization;
- the purpose or occasion of the event is unlawful; – there is a violation of Section 1.2.
5.4 The hotel's justified withdrawal does not entitle the customer to claim damages.
6 CHANGES TO THE NUMBER OF PARTICIPANTS AND THE EVENT TIME
6.1 Any increase in the number of participants by more than 5% must be notified to the hotel at least five working days before the start of the event; it requires the hotel's consent, which must be given in writing.
6.2 If the number of participants is reduced by more than 10%, the hotel is entitled to exchange the confirmed rooms, taking into account any differences in room rental rates, unless this is unreasonable for the customer.
6.3 If the agreed start or end times of the event are changed and the hotel agrees to these changes, the hotel may charge a reasonable fee for the additional services provided, unless the hotel is at fault.
7 BRINGING FOOD AND DRINKS
Customers are generally not permitted to bring food and beverages to events. Exceptions require prior agreement with the hotel. In such cases, a contribution towards overhead costs will be charged.
8 TECHNICAL EQUIPMENT AND CONNECTIONS
8.1 If the hotel procures technical and other equipment from third parties for the customer at the customer's request, it shall act on behalf of, with the authority of, and for the account of the customer. The customer shall be liable for the careful handling and proper return of such equipment. The customer shall indemnify the hotel against all claims by third parties arising from the provision of such equipment.
8.2 The use of the customer's own electrical equipment connected to the hotel's power supply requires the hotel's consent. Any malfunctions or damage to the hotel's technical equipment caused by the use of such equipment shall be borne by the customer, unless the hotel is responsible for such malfunctions or damage. The hotel may charge a flat rate for the electricity costs incurred through such use.
8.3 With the hotel's consent, the customer is entitled to use their own telephone, fax, and data transmission equipment. The hotel may charge a connection fee for this.
8.4 If suitable hotel facilities remain unused due to the connection of the customer's own equipment, a compensation fee may be charged.
8.5 Malfunctions in technical or other equipment provided by the hotel will be remedied immediately if possible. Payments cannot be withheld or reduced if the hotel is not responsible for these malfunctions.
9 LOSS OR DAMAGE TO ITEMS BROUGHT ALONG
9.1 Exhibition items or other items, including personal items, brought along are kept in the event rooms or in the hotel at the customer's own risk. The hotel accepts no liability for loss, destruction, or damage, including financial loss, except in cases of gross negligence or intent on the part of the hotel. This does not apply to damage resulting from injury to life, limb, 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.
9.2 Any decorative materials brought onto the premises must comply with fire safety requirements. The hotel is entitled to request official certification of this. If such certification is not provided, the hotel is entitled to remove any materials already brought onto the premises at the customer's expense. Due to the risk of damage, the placement and installation of objects must be agreed with the hotel in advance.
9.3 Any exhibition items or other objects brought to the venue must be removed immediately after the end of the event. If the customer fails to do so, the hotel may remove and store them at the customer's expense. If the items remain in the event room, the hotel may charge reasonable compensation for use of the room for the duration of the retention.
10 LIABILITY OF THE CUSTOMER FOR DAMAGES
10.1 If the customer is an entrepreneur, they shall be liable for all damage to buildings or inventory caused by event participants or visitors, employees, other third parties from their area, or themselves.
10.2 The hotel may require the customer to provide reasonable security, for example in the form of a credit card guarantee.
11 FINAL PROVISIONS
11.1 Amendments and additions to the contract, the acceptance of applications, or these General Terms and Conditions must be made in writing. Unilateral amendments or additions by the customer are invalid.
11.2 The place of performance and payment as well as the exclusive place of jurisdiction—including for disputes relating to checks and bills of exchange—in commercial transactions is the operating company XX Hotels GmbH, Forchtenberg. If a contractual partner fulfills the requirements of § 38 (2) ZPO (German Code of Civil Procedure) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the operating company XX Hotels GmbH, Forchtenberg.
11.3 German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and conflict of laws provisions is excluded.
11.4 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.