Legal Notice
Operator
Seetor Invest Betriebsgesellschaft Neuruppin Hotel GmbH
Commercial register: Registered court: Neuruppin HRB 6800
VAT ID No.: DE 24 51 95 215
Managing Director: Joachim Riederle
An der Seepromenade 20
Germany, D-16816 Neuruppin
Tel. +49 (0)3391 40 350
Fax +49 (0)3391 40 3524 59
info@resort-mark-brandenburg.de
www.resort-mark-brandenburg.de
GENERAL TERMS & CONDITIONS
§ 1. Conclusion of contract, contractual parties, liability, statute of limitations
1.1 The contract comes into force through the acceptance of the customer’s application by Seetor Invest Betriebsgesellschaft Neuruppin Hotel GmbH (S.I.B.N. Hotel GmbH).
1.2 The contractual partners are the S.I.B.N. Hotel GmbH, hereinafter HOTEL, and the customer/event organiser.
1.3 If the customer is not the event organiser, or if the event organiser has commissioned a commercial agent or organiser, the event organiser is jointly and severally liable together with the customer for all obligations arising from the contract, insofar as the HOTEL has been provided with a declaration to this effect from the event organiser.
1.4 The HOTEL fulfils its contractual obligations with the duty of care of a prudent businessman. Claims by the customer for damages are excluded. This does not include damages resulting from injury to life, body or health, where the HOTEL is responsible for the breach of duty; to other damages caused by an intentional or grossly negligent breach of duty by the HOTEL; and to damages resulting from an intentional or negligent breach of the contractual obligations of the HOTEL.
1.5 All claims against the HOTEL become time-barred one year after the commencement of the statutory limitation period. Claims for compensation become time-barred regardless of knowledge after five years. The reduction of the statute of limitations period does not apply to claims relating to an intentional or grossly negligent breach of duty by the HOTEL.
§ 2. Scope of validity
2.1 These general terms and conditions apply to contracts concerning the rental provision of hotel rooms for accommodation and the conference, banquet and event rooms of the HOTEL for the holding of banquets, seminars, conferences, exhibitions and presentations etc., as well as for all related services and supplies provided by the HOTEL.
2.2 The rooms, spaces, areas or showcases must not be sublet or re-let without the prior written consent of the HOTEL; invitations for interviews, sales or other events also require the prior written consent of the HOTEL, whereby § 540(1)(2) of the German Civil Code (BGB) is waived if the customer is not a consumer.
2.3 The customer’s general terms and conditions shall only apply if this is expressly agreed in writing.
2.4 Furthermore, the additional conditions agreed at the conclusion of the contract apply.
§ 3. Services, prices, payment, compensation
3.1 The HOTEL is obligated to provide the services ordered by the customer and promised by the HOTEL, and to hold rooms booked by the customer.
3.2 The customer is not entitled to the provision of specific rooms. If this is promised in the order confirmation and/or contract but the rooms in question are not available, the HOTEL is obligated to provide an equivalent replacement in the establishment or in a different, comparable property.
3.3 The customer is obligated to pay the HOTEL the agreed or customary price for these and other services used. The same applies to services caused by the customer and to expenses of the HOTEL paid to third parties, particularly for charges payable to copyright management companies.
3.4 The following applies for events:
3.4.1 The organiser pays a 50% deposit for the services agreed in the contract. The deposit serves to guarantee your reservation. In the case of an event with up to ten overnight stays, the deposit must be paid up to six weeks prior to the start of the event; in the case of an event with up to 69 overnight stays, the deposit must be paid up to eight weeks prior to the start of the event; and in the case of an event with over 70 overnight stays, the deposit must be paid up to 16 weeks prior to the start of the event.
3.4.2 The HOTEL draws up the final invoice based on the services rendered, taking the deposit into account. The payment of the remaining balance is due within five days without deduction.
3.4.3 Event invoices cannot be paid by credit card.
3.5 The following applies for individuals and groups:
3.5.1 For guests without a written confirmation of their reservation from the HOTEL, the HOTEL is entitled to demand a deposit to the value of the expected total balance upon arrival or in advance through the provision of a credit card number.
3.5.2 All invoices from the HOTEL are due for payment without deduction. The HOTEL is entitled to demand the advance payment of an appropriate deposit in all cases. In the case of exceeding the aforementioned payment deadline, the guest will be in default, without any reminder being required. From the time of default, the HOTEL is entitled to charge default interest at a rate of: 5% for private individuals and individual travellers; 9% in the case of legal entities – above the respective base interest rate or the corresponding follow-up interest rate set by the European Central Bank. The right to assert a higher damage caused by delay remains unaffected. For reminders sent subsequent to any occurrence of default, a reminder fee of 5.00 € (for domestic customers) and 10.00 € (for foreign customers) can be charged for each individual case.
3.5.3 The HOTEL is entitled to draw up interim invoices at any time, which are payable on presentation. If the guest is in default after the presentation of the interim invoice, the HOTEL has the right to terminate the accommodation agreement.
3.5.4 A payment deadline of eight days from the invoice date applies to agreed payments resulting from the reservation agreement. The payment must be made free of charge, without deduction. In the event of default in payment, the same conditions apply as listed in point 5.2.
3.5.5 For group bookings of five rooms or more, the reservation is only confirmed when a 10% deposit is paid within 10 days of the final order by the customer or after confirmation by the company, and a total of 50% of the total is paid at least 42 days prior to arrival, or the agreed deposit is paid by the agreed date.
3.5.6 All payments for services already received or advance payments are to be paid in the local currency of the place of fulfilment or in euros. The HOTEL is entitled to refuse to accept foreign currencies, cheques and credit cards.
3.5.7 The customer/guest can only offset or reduce claims by the HOTEL with an undisputed or legally binding claim.
3.5.8 The HOTEL reserves the right to charge the event organiser a disposal fee for removing refuse and other materials, and to pass these costs on without any prior consultation.
3.5.9 In the case of evening events, the HOTEL charges a service charge of 22.00 € per hour or part thereof and member of staff present from 1am (does not apply to the bar).
§ 4 Withdrawal of a contracting party (cancellation, revocation)
UP TO TEN OVERNIGHT STAYS
4.1 The following applies to the complete cancellation of events:
4.1.1 Complete cancellation of the service (with mutual withdrawal from the contract) is free up to 42 days prior to arrival/the date of service provision.
4.1.2 For complete cancellation 42-30 days prior to arrival: charge of 25% of the contract value
4.1.3 For complete cancellation 29-20 days prior to arrival: charge of 50% of the contract value
4.1.4 For complete cancellation 19-10 days prior to arrival: charge of 75% of the contract value
4.1.5 For complete cancellation less than 10 days prior to arrival: charge of 90% of the contract value
4.1.6 The following applies to partial cancellations or reductions in the services booked:
4.1.7 For a reduction 42-30 days prior to arrival: free refund of 15% of the contract value
4.1.8 For a reduction 29-20 days prior to arrival: free refund of 10% of the contract value
4.1.9 For a reduction 19-10 days prior to arrival: free refund of 5% of the contract value
4.1.10 Individual rooms can be cancelled free of charge up to one day prior to arrival. This only applies to a maximum of one room.
UP TO 69 OVERNIGHT STAYS
4.2 The following applies to the complete cancellation of events:
4.2.1 Complete cancellation of the service (with mutual withdrawal from the contract) is free up to 56 days prior to arrival/the date of service provision.
4.2.2 For complete cancellation 56-42 days prior to arrival: charge of 25% of the contract value
4.2.3 For complete cancellation 41-30 days prior to arrival: charge of 50% of the contract value
4.2.4 For complete cancellation 29-14 days prior to arrival: charge of 75% of the contract value
4.2.5 For complete cancellation less than 14 days prior to arrival: charge of 90% of the contract value
4.2.6 The following applies to partial cancellations or reductions in the services booked:
4.2.7 For a reduction 56-42 days prior to arrival: free refund of 15% of the contract value
4.2.8 For a reduction 41-30 days prior to arrival: free refund of 10% of the contract value
4.2.9 For a reduction 29-14 days prior to arrival: free refund of 5% of the contract value
4.2.10 Individual rooms can be cancelled free of charge up to one day prior to arrival. This only applies to a maximum of one room.
FOR 70 OR MORE OVERNIGHT STAYS:
4.3 The following applies for events:
4.3.1 Complete cancellation of the service (with mutual withdrawal from the contract) is free up to 112 days (16 weeks) prior to arrival/the date of service provision.
4.3.2 For complete cancellation 112-98 days prior to arrival: charge of 25% of the contract value
4.3.3 For complete cancellation 97-76 days prior to arrival: charge of 50% of the contract value
4.3.4 For complete cancellation 75-56 days prior to arrival: charge of 75% of the contract value
4.3.5 For complete cancellation less than 56 days prior to arrival: charge of 90% of the contract value
4.3.6 The following applies to partial cancellations or reductions in the services booked:
4.3.7 For a reduction 112-98 days prior to arrival: free refund of 15% of the contract value
4.3.8 For a reduction 97-76 days prior to arrival: free refund of 10% of the contract value
4.3.9 For a reduction 75-56 days prior to arrival: free refund of 5% of the contract value
4.3.10 Individual rooms can be cancelled free of charge up to one day prior to arrival. This only applies to a maximum of one room.
4.4 The following applies for individuals and groups:
4.4.1 A customer / guest may only withdraw from a contract concluded with the HOTEL with the written consent of the HOTEL. If this is not given, the price agreed in the contract must be paid, even if the customer / guest does not use the contractual services. This does not apply in the case of a breach of the obligation of the HOTEL to take the rights, legal interests and interests of the customer into account, if it is no longer reasonable to hold the customer to the contract or if another statutory or contractual right to cancellation applies.
4.4.2 If a right of cancellation for the customer / guest without a specific period has been agreed in writing, the HOTEL is entitled to withdraw from the contract during this period if there are enquiries from other customers for the contractually booked rooms and the customer is not willing to waive their right of cancellation when requested by the HOTEL.
4.4.3 If an agreed advance payment is not made, even after the elapse of a reasonable period of grace set by the hotel with threat of refusal, the HOTEL is entitled to withdraw from the contract.
4.4.4 Furthermore, the HOTEL is entitled to withdraw from the contract for an objectively legitimate reason, for example in the case of a force majeure or other circumstance for which the hotel is not responsible which makes it impossible to fulfil the contract; for events booked using misleading or false statements concerning important facts, e.g. the customer or the purpose; where the HOTEL has justified cause to believe that the event will endanger the smooth operation of the business, the security or the reputation of the HOTEL, without this being attributable to the HOTEL’s sphere of control.
4.5 In the case of justified withdrawal by the HOTEL, the customer has no claim for damages.
4.6 If the customer / guest does not use the ordered room, without notifying the hotel in a timely manner, the customer / guest is obligated to pay the agreed total price, regardless of the reason for the cancellation. The company is entitled to allocate unused rooms to other guests in good faith wherever possible to avoid empty rooms. In the case of rooms not used by the customer, the HOTEL must offset the income from renting the rooms as well as the saved expenses.
Reservations and cancellation periods: reservations for tour operators and travel agents, which are made through the HOTEL, are subject to a cancellation period of 30 calendar days prior to the commencement of the service provision. The HOTEL can agree upon a different cancellation period in writing in individual cases. Reservations vis-à-vis the guest, which are made through the hotel, are subject to the following cancellation periods:
Individual guests:
5 days for one to ten rooms
Once the cancellation period has elapsed, the reservation becomes a fixed booking. Cancellations must be made in writing (letter, fax or email). The HOTEL is free to demand a lump sum payment from the customer / guest for any damages. The customer / guest is then obligated to pay 90% of the contractually agreed rate for lodging with or without breakfast, 70% for half-board and 60% for full-board arrangements. The customer / guest has the right to demonstrate that no damages were incurred or that the damages incurred by the HOTEL were lower than the amount demanded.
4.7 The customer is not entitled to use rented premises to hold events during which right-wing extremist, racist, anti-Semitic or anti-democratic ideas are presented and/or disseminated, whether they are presented by the lessee themselves or a visitor to the event. By signing the contract, the lessee confirms that the event will not include any right-wing extremist, racist, anti-Semitic or anti-democratic content. This means that the freedom and dignity of other human beings must not be treated with contempt in word or writing, and symbols that are in the spirit of or represent anti-constitutional or unconstitutional organisations must not be used or distributed. If participants at the event cause a breach of the aforementioned provisions, the HOTEL has to make sure that the action is prevented, including through the implementation of domiciliary right.
§ 5. Changes to participant numbers and the timing of the event
5.1 The HOTEL must be informed of a change in the number of participants of more than 5% at least five working days prior to the start of the event; the HOTEL’s written permission is required.
5.2 A reduction in the number of participants by the customer of up to 5% will be acknowledged by the hotel in its charges. In the case of deviations beyond this amount, the originally agreed number of participants will be used, minus a 5% discount. The customer is entitled to reduce the agreed price by the demonstrable expenses saved resulting from the lower number of participants.
5.3 In the case of an upward deviation, the actual number of participants will be used as the basis for the charges.
5.4 In the case of deviations in the number of participants of more than 10%, the HOTEL is entitled to redetermine the agreed prices and to change the rooms confirmed, unless this is unacceptable to the customer.
5.5 If the agreed start or end times of the event change and the HOTEL agrees to these changes, the HOTEL can take the additional provision of services into account in the invoice, unless the HOTEL is at fault.
5.6 If the rooms need to be reconfigured – in a way that is different to the set-up agreed in the contract – the HOTEL will charge alteration costs at a rate of 50% of the listed provision costs, depending on the associated labour costs.
§ 6. Technical equipment and connections
6.1 If the HOTEL procures technical and other equipment from third parties at the request of the customer, it acts in the name of, with power of attorney and on the account of the customer. The customer is liable for the careful handling and proper return of the equipment. The customer shall indemnify the HOTEL from all third-party claims arising from the provision of this equipment.
6.2 Written permission is required if the customer wishes to use their own electrical equipment with the HOTEL’s electricity supply. Any malfunctions or damages to the technical equipment of the HOTEL arising from the use of this equipment are to be borne by the customer, insofar as the hotel is not responsible. The HOTEL is entitled to charge a flat rate for the resulting electricity costs.
6.3 When given permission by the HOTEL, the customer is entitled to use their own telephone, fax and data communications equipment. The HOTEL may charge a connection fee for this.
6.4 If suitable HOTEL equipment is not used due to the customer connecting up their own equipment, a charge may be levied for loss of revenue.
6.5 Malfunctions of technical or other equipment provided by the HOTEL will be remedied immediately wherever possible. Payments cannot be withheld or reduced if the HOTEL is not responsible for these issues.
6.6 In the case of events with music, the event organiser is obligated to make the required applications to GEMA. The HOTEL is absolved from all claims arising from the unauthorised use of the rights of GEMA or third parties by the event organiser.
§ 7. Loss or damage to items brought
7.1 Exhibition or other items, including personal affects, are brought to the event rooms and HOTEL at the risk of the customer. The HOTEL accepts no liability for the loss, destruction or damage, including for items of property, except in cases of gross negligence or intent on the part of the HOTEL. This does not apply to damages resulting from injury to life, body or health. In addition, all cases in which the safekeeping represents a contractual obligation due to the individual circumstances are exempt from this exemption of liability.
7.2 Decorations brought to the premises must fulfil fire protection requirements. The HOTEL is entitled to demand official proof of this. If proof is not provided, the HOTEL is entitled to remove the materials brought at the expense of the customer. Due to reasons of possible damage, the installation and fitting of objects must be agreed with the HOTEL in advance.
7.3 Exhibits and other objects brought are to be removed immediately following the end of the event. If the customer fails to do this, the HOTEL is entitled to remove and store the items at the customer’s expense. If the items remain in the function room, the HOTEL is entitled to charge an appropriate level of compensation covering the period the items remain. The customer is free to prove that the aforementioned claim did not arise or did not arise to the extent claimed.
7.4 No liability is accepted for items brought in, including from contractors. Furthermore, these must be immediately removed once the event has finished. In the case of storage (from two days before and after the event), the HOTEL is entitled to charge a fee for the storage costs incurred based on the size and number of items.
7.5 The rules concerning emergency exits and escape routes must be adhered to in accordance with building regulations. Emergency exits and escape routes must not be obstructed and must remain free from materials and trip hazards. The safety equipment provided (such as fire extinguishers, emergency exit signs, fire doors, weft detectors, junction boxes etc.) must be freely accessible.
§ 8. Customer liability for damages
8.1 Insofar as the customer is a contractor, the customer is liable for all damages to buildings and fixtures caused by themselves or by participants in the event, visitors, staff or other associated third parties.
8.2 If the damage to buildings or fixtures leads to downtimes for the HOTEL, the person liable is not just liable for the damage itself, but also for damages caused by the resulting loss in revenue.
8.3 The HOTEL may demand the provision of appropriate securities from the customer (e.g. insurance policies, deposits, guarantees).
§ 9. Parking garages and parking spaces
9.1 Lease agreement
With the acceptance of a parking permit and/or by entering the parking garage/car park, the following conditions arise between the parking garage operator and the lessee in the lease agreement for a parking space for a vehicle. This contract does not include security nor safekeeping.
9.2 Purpose of use of the parking garage/car park
9.2.1 The lessee must act with the necessary level of care when driving, in particular through the strict observance of the signs and notices displayed to regulate traffic and parking, and the safety regulations. Instructions given by the parking garage operator or staff, which concern safety or domiciliary law, must always be followed. The regulations of the German Road Traffic Regulations (StVO) apply in all other cases. Vehicles may only be parked within marked parking bays, and not in spaces designated as reserved for permanent permit holders by signs. The parking garage operator is entitled to remove vehicles parked outside of these areas, in particular those left on through-routes.
The parking garage operator is also entitled to remove the lessee’s vehicle from the parking garage in the case of an urgent danger. Each lessee is encouraged to carefully check that their vehicle is locked and that no valuables are left inside.
9.2.2 The opening hours can be found on the relevant signs.
9.3 Safety regulations
9.3.1 Only drive at walking pace within the parking garage/car park.
9.3.2 The following are forbidden inside the parking garage/car park:
a) smoking and the use of fire
b) the storage of equipment (especially tyres, bicycles etc.), fuel and flammable items, as well as empty fuel containers
c) the refuelling of motor vehicles
d) the checking or running of engines in a stationary position
e) the parking of vehicles with a leaking tank or engine
f) vehicles with LPG tanks and other comparable hazardous substances
g) remaining beyond the period required to park or pick-up your vehicle
h) unauthorised persons (including skateboards, graffiti artists, inline skaters)
9.3.3 Repairing, washing and cleaning vehicles is forbidden within the parking garage. Coolant, fuel and oil must not be left in the parking garage and refuse must be removed. Causing contamination of any kind if also forbidden.
9.3.4 Advertising materials must not be distributed in the parking garage. Violations will be prosecuted under civil law (e.g. removal costs).
9.4 Liability of the parking garage operator
The parking garage operator is only liable for damages caused by him or his vicarious agents caused intentionally or due to gross negligence. This limitation of liability does not apply to typical fields of service. The lessee is obligated to immediately inform the parking garage operator of such damage in writing. Damage should be shown to parking garage staff prior to leaving the parking garage. The parking garage operator excludes any liability for damages caused by other lessees or other third parties. This is particularly relevant to damage, destruction or theft to the parked vehicle or to moving/built-in parts of the vehicle (e.g. car radio, car telephone, mobile phone, personal effects, computers, photographic equipment, sports equipment and similar) or to items affixed to the vehicle.
9.5 Liability of the lessee
The lessee is liable for damage caused to the parking garage operator by themselves or by their vicarious agents, representatives or companions for which they are culpable. The lessee is obligated to report such damages to the parking garage operator prior to leaving the parking garage; for example, the lessee is liable for contamination of the parking garage in accordance with the regulations concerning cleaning costs.
9.6 Right of lien/retention/recovery
9.6.1 The parking garage operator is entitled to a right of retention and legal lien on the lessee’s motor vehicle resulting from his claims arising from a long-term rental agreement.
9.6.2 Following unsuccessful requests to the lessee/vehicle owner, the parking garage operator is also entitled to dispose of or auction off vehicles or trailers without a registration plate after the expiry of the maximum parking period. This also applies in cases where the parking garage operator is aware of the identity of the lessee/vehicle owner. The lessee/vehicle owner will be informed one week prior to the recovery of the vehicle. The proceeds, minus the costs incurred and the rental due for the period up to the removal of the vehicle, will be passed on to the lessee/vehicle owner. If the lessee/vehicle owner does not claim the proceeds within one year of the sale or auction of the vehicle, the parking garage operator is entitled to keep the proceeds.
§ 10. Final provision
10.1 Amendments or additions to the contract, the acceptance or these General Terms and Conditions should be made in writing. Unilateral amendments and additions by the customer are invalid.
10.2 The place of fulfilment and payment is the location of the HOTEL.
10.3 Should individual provisions within these General Terms and Conditions become or be void, the validity of the remaining provisions is not affected. Furthermore, legal provisions apply.
10.4 The valid level of statutory value-added tax applies to all services at the time the contract comes into force.
10.5 The house rules of the Fontane Therme apply to the use of the Fontane Therme spa.
10.6 The distribution of photographic materials of the indoor and outdoor facilities of the HOTEL on the internet, in the press and for marketing materials is only permitted with the consent of the owner.
