GENERAL TERMS AND CONDITIONS OF BUSINESS of
VILA VITA Hotel und Touristik GmbH
Vila Vita Burghotel Dinklage
1. Scope of application, parties to the contract, subletting
1. These General Terms and Conditions of Business shall apply to all contracts concluded with the aforementioned companies of the VILA VITA Group (hereinafter referred to as “VILA VITA”) for the provision of function rooms, the organisation of events, the provision of hotel rooms as well as all associated services.
2. The Customer’s general terms and conditions shall only apply if this has been expressly agreed in writing beforehand.
3. The parties to the contract are the company of the VILA VITA Group named in the respective contract and the Customer.
4. Any subletting of rooms, areas or property as well as invitations to job interviews, sales events or similar events shall be subject to VILA VITA’s written consent. Section 540 Clause 1 Subclause 2 BGB [German Civil Code] shall be waived.
2. Services, prices, payment, offset
1. All invoices issued by VILA VITA shall be due and payable in full immediately after receipt. VILA VITA shall be entitled to accelerate the maturity of accumulated claims at any time and demand immediate payment. In the event of default of payment, VILA VITA shall be entitled to demand the respective statutory default interest currently amounting to 8 percentage points above the base interest rate or, for legal transactions involving a consumer, 5 percentage points above the base interest rate. VILA VITA reserves the right to prove and assert a claim for greater damage.
2. VILA VITA shall be entitled to demand the provision of a reasonable advance payment or security in the form of a credit card guarantee or advance, for events also in the form of an insurance policy, security deposit or bank guarantee upon conclusion of the contract. In justified cases, e.g. if the Customer is in arrears with the payment, VILA VITA shall also be entitled to demand after conclusion of the contract that an advance payment or security up to the total agreed remuneration be provided until arrival/beginning of the event.
3. The Customer may only set off a claim of VILA VITA against an uncontested, legally established claim.
3. Room utilisation, arrival and departure
1. The rooms are provided exclusively for accommodation purposes. There shall be no entitlement to the provision of particular rooms.
2. Reserved rooms are available to the Customer starting at 3:00 p.m. on the agreed date of arrival. If the Customer fails to occupy the room by 6:00 p.m., VILA VITA shall be entitled to withdraw from the contract and make the room available to other parties after 6:00 p.m. The Customer shall not be entitled to claim compensation.
3. Rooms must be vacated and returned to VILA VITA by 12:00 noon on the agreed date of departure. In the event that of delayed return, VILA VITA shall be entitled to charge the daily room rate for using the room beyond the contractually agreed period. The Customer is at liberty to prove that VILA VITA has incurred no or considerably less damage.
4. Changes in the number of attendants, changes to event times
1. The Customer undertakes to inform VILA VITA about the anticipated number of attendants to the event upon conclusion of the contract. The definite number of attendants shall be indicated to VILA VITA no later than four working days prior to the event in order to ensure that the event can take place as scheduled. Changes in the number of attendants by more than 5% require VILA VITA’s consent.
2. In the event that the contractually agreed number of attendants increases, the actual number of attendants shall be taken as a basis for invoicing. In the event that the number of attendants is reduced by more than 5%, VILA VITA shall be entitled to charge the agreed price less 5%. In the event that the number of attendants is reduced by more than 10%, VILA VITA shall be entitled to adequately increase the agreed prices and – if reasonable – provide another room than the one agreed. The Customer shall be entitled to prove a higher amount of expenses saved by VILA VITA.
3. If the agreed start or end of the event is shifted, VILA VITA shall be entitled to charge a reasonable amount for additional services rendered, unless VILA VITA is responsible for the change in the schedule.
5. Event management, technical equipment, compliance with legal requirements
1. Where VILA VITA obtains technical or other facilities/equipment from third parties for the Customer’s event, this shall take place on behalf and for the account of the Customer. The Customer shall be responsible for careful handling and proper return. He shall comprehensively indemnify VILA VITA against any and all claims of third parties arising from the provision of these facilities/this equipment for use.
2. The use of the Customer’s own electrical equipment using VILA VITA’s power supply shall be subject to VILA VITA’s written consent. The Customer shall be liable for any malfunction of or damage to VILA VITA’s technical facilities due to the use of such electrical equipment, unless VILA VITA is responsible for their occurrence. VILA VITA shall be entitled to raise a flat-rate charge to cover the electricity costs arising from such use.
3. If possible, any malfunction of technical or other facilities provided by VILA VITA shall be eliminated immediately. Payments cannot be retained or reduced, unless VILA VITA is responsible for the malfunction.
4. The Customer shall obtain the official permits required for his event in good time. He is responsible for complying with the requirements stated in such permits as well as with all legal requirements associated with the event, which also include those set out in the Copyright Act and the Copyright Administration Act (e.g. GEMA [German Performing Rights Society] registration and settlement of fees). VILA VITA’s requirements regarding the respective event venue shall be observed as well.
5. In particular, the Customer shall make sure to comply with the requirements set out in the Model Ordinance governing Places of Assembly (MVStättV). He is obliged to commission a suitable event manager in accordance with Section 38 Clause 5 MVStättV. If stage, studio or lighting equipment is intended to be used during the event, the Customer shall provide the prescribed number of “event engineering officers” and/or “event engineering specialists”.
6. Advertising, bringing in and taking away food and beverages
1. The display and presentation of advertising as well as the distribution and provision of promotional material on VILA VITA’s premises and property shall be subject to VILA VITA’s written consent
2. Any kind of advertising, information, invitations, etc. that includes any reference to VILA VITA requires VILA VITA’s prior written consent.
3. Bringing food and beverages to events requires VILA VITA’s consent. In this case, VILA VITA shall be entitled to charge a reasonable amount to cover the overhead costs.
4. For reasons of hygiene, food and beverages will exclusively be provided for local consumption, unless otherwise expressly agreed.
7. Customer’s withdrawal, non-utilisation of services
1. VILA VITA grants the Customer the right to withdraw from the contract at any time. In the event of withdrawal, VILA VITA shall be entitled to demand a reasonable compensation and may claim lump-sum compensation instead of calculating the actual amount of compensation on the following terms:
- For overnight stays at the hotel, the lump-sum compensation for overnight stays with or without breakfast amounts to 90% of the agreed accommodation price, for overnight stays with half-board 70% and for overnight stays with full board 60%.
- For event arrangements, the lump-sum compensation amounts to 50% of the contractually agreed event price upon withdrawal until the end of the 60th day prior to the event and 80% of the agreed event price upon later withdrawal.
- The Customer is at liberty to prove that VILA VITA has incurred no or considerably less damage and VILA VITA to prove greater damage.
2. The foregoing compensation regulations shall also apply in the event that the Customer fails to make use of the agreed services without prior notice.
3. The withdrawal must be declared in writing and shall be addressed to the company of the VILA VITA Group named in the respective contract. The date on which the declaration is received by VILA VITA shall be decisive.
8. VILA VITA’s withdrawal
1. Where the Customer is granted the right to withdraw from the contract free of charge, VILA VITA shall be equally entitled to withdraw from the contract.
2. VILA VITA shall be entitled to withdraw from the contract for an objectively justified reason, in particular if
- the fulfilment of the contract becomes impossible due to force majeure events or other circumstances beyond VILA VITA’s control;
- services are booked by providing misleading or false information regarding material facts, e.g. the Customer’s identity or the purpose;
- VILA VITA has justified reason to believe that the use of the services might jeopardise the smooth business operations, the security or the public reputation of VILA VITA, without this being attributable to VILA VITA’s sphere of control or organisation;
- statutory or official permissions for the planned event are not obtained or requirements are not met;
- there is reason to suspect that third-party rights might be infringed or public security might be affected;
- Clause 1.4 is breached;
- the Customer’s financial circumstances have deteriorated considerably after conclusion of the contract, in particular if the Customer fails to settle VILA VITA’s due claims or to provide sufficient security;
- an application for the institution of insolvency proceedings against the Customer’s assets has been filed, the Customer has made a declaration in lieu of an oath, initiated an extrajudicial debt settlement procedure or suspended his payments.
3. VILA VITA shall inform the Customer before exercising its right of withdrawal without undue delay. In the event of withdrawal in accordance with the provisions stated above, the Customer shall not be entitled to claim compensation.
9. Brought-in property
1. The Customer shall assume the risk for any exhibits or other items brought to VILA VITA’s premises. VILA VITA assumes no liability for their loss, deterioration or damage, except in the event of wilful intent or gross negligence on part of VILA VITA or damage arising from injury to life, limb or body. This limitation of liability shall not apply in cases where the storage of property constitutes a typical contractual obligation of VILA VITA.
2. Bringing in decorations requires VILA VITA’s consent. They must comply with the fire regulations, which shall be verified upon VILA VITA’s request. If such verification is not provided on time, VILA VITA shall be entitled to remove any decorations brought in at the Customer’s expense. Because of potential damage, the installation and attachment of any items shall be arranged with VILA VITA beforehand. Any exhibits or other items brought in shall be removed immediately after the event. If the Customer fails to do so, VILA VITA shall be entitled to remove and store the items at the Customer’s expense. If the removal involves disproportionate effort, VILA VITA shall be entitled to leave the items in the function room and charge room rent for the period they are left there. The Customer is at liberty to prove that VILA VITA has incurred less damage and VILA VITA to prove greater damage.
3. Property left behind by the Customer will only be sent on at his request, risk and expense. VILA VITA will store the property for 12 months against payment of a reasonable fee. After this period, any property of recognisable value will be handed over to the local lost-property office.
10. Customer’s liability
The Customer shall be liable for any damage that is directly or indirectly caused by him, his legal representatives and agents by attendants, visitors, employees or other third parties in his sphere of responsibility.
11. VILA VITA’s liability, period of limitation
1. In the event of disruptions or defects in the VILA VITA’s services, VILA VITA shall act to remedy such upon obtaining knowledge of them or upon immediate objection by the Customer. Within reasonable limits, the Customer shall be obliged to contribute to eliminating the disruption and keeping any potential damage at a minimum.
2. VILA VITA shall be liable in accordance with the statutory provisions for damage arising from injury to life, limb or health, for wilful or grossly negligent conduct on part of VILA VITA as well as for fraudulently concealed defects and provision of a guarantee. For any other damage caused by slight negligence, VILA VITA, its legal representatives and agents shall only be liable for breach of material contractual obligations.
3. VILA VITA shall be liable in accordance with the statutory provisions for property brought in up to one hundred times the accommodation rate, however, not exceeding EUR 3,500.00. For valuables such as cash and jewellery, the liability shall be limited to EUR 800.00. VILA VITA recommends that the storage facility in the central hotel safe be utilised.
4. All claims of the Customer against VILA VITA arising from or in connection with the respective contract shall expire one year following the commencement of the statutory limitation period. This shall not apply to claims arising from injury to life, limb or health as well as from wilful or grossly negligent conduct on part of VILA VITA, its legal representatives or agents.
12. Final provisions
1. Any modifications or amendments to the contract or these General Terms and Conditions must be made in writing.
2. The place of performance shall be Marburg. The exclusive place of jurisdiction for commercial transactions shall be Marburg. German law shall exclusively apply.
3. Should individual provisions of these General Terms and Conditions of Business be or become invalid or void, the validity of the remaining provisions shall not be affected. Should a provision of the contract be invalid or unenforceable, this shall not affect the remaining provisions. The Parties undertake to replace the invalid or unenforceable provision by a valid and enforceable regulation that most closely embodies the economic purpose pursued by the Parties. The same applies in the event that the contract is found to contain a gap or omission.
As of 12/12/2013