Book

General Terms and Conditions for Events:

I. Scope

  1. These General Terms and Conditions (hereinafter referred to as GTC) shall apply to the planning and execution of events by John & Will Betriebsgesellschaft mbH, registered at the Bremen District Court 37853 HB, VAT ID: DE351765474 (hereinafter: hotel) for the customer. These include contracts for the rental of meeting, conference, and banqueting rooms for the purpose of holding various events such as private parties (weddings, confirmations, etc.), banquets, seminars, conferences, exhibitions, etc., as well as all other services and deliveries to the customer in connection therewith. The GTC shall also apply to contracts for catering and the rental of equipment outside the hotel’s premises.
  2. Customer’s terms and conditions as well as any other deviating terms and conditions shall not form part of the contract unless their validity is expressly agreed in text form.

II. Conclusion of contract, contracting parties, duty to inform

  1. The contract is concluded by the hotel’s acceptance of the customer’s request. The hotel may optionally confirm the booking of the event in text form.
  2. The contractual partners are the hotel and the customer. If a third party makes the booking on behalf of the customer, both the third party and the customer shall be jointly and severally liable for all obligations arising from the contract.
  3. The subletting or re-letting, the transfer of use of the rented premises, the use of the rented hotel rooms for purposes other than accommodation, for public invitations or other advertising measures, for job interviews, sales and similar events, and the use of the hotel space outside the rented rooms require the prior consent of the hotel in text form and may be made dependent on the payment of additional remuneration. § 540 para. 1 sentence 2 BGB does not apply.
  4. The customer must inform the hotel, at the latest upon the conclusion of the contract, whether due to its political, religious, or other nature, the use of the hotel service is likely to jeopardise the smooth running of the business, the security, or the public reputation of the hotel.

III. Services, prices, advance payment, off-setting

  1. The hotel is obliged to provide the agreed services in accordance with these GTCs.
  2. The customer is obliged to pay the applicable or agreed hotel prices for the provision of the event and the other services utilised. This also includes services and expenses provided by the hotel to third parties at the customer’s expense. The fixed prices of these and other services utilised are to be paid by the customer.
  3. The agreed prices include the applicable statutory value-added tax (VAT). If there are more than four months between the conclusion and fulfilment of the contract and the VAT changes during this period, the prices shall be adjusted accordingly. If the period between conclusion and fulfilment of the contract is longer than four months and the price generally charged by the hotel for comparable services increases, the hotel may raise the agreed price appropriately, but by no more than 5%. For each additional year beyond the four months, the upper limit increases by a further 5%. In the event of a change in the VAT rate at the time the service is provided, the agreed prices shall be adjusted accordingly, and the hotel shall be entitled to charge the increase in VAT.
  4. The prices can be adjusted accordingly by the hotel when the customer changes the scope of the event, even if the hotel agrees.
  5. Hotel invoices without a fixed due date must be paid in full within 10 days of receipt of the invoice. The hotel reserves the right to call in outstanding payments at any time and to demand immediate payment. In the event of late payment, the hotel may demand the statutory default interest. In the event of a delay, the customer shall pay dunning costs in the amount of EUR 5,00 for each reminder. All further collection costs shall be borne by the customer.
  6. The hotel reserves the right at any time to demand a reasonable advance payment or security in the form of a credit card guarantee. The amount of the advance payment and the payment dates shall be specified in text form in the contract. The agreed advance payments are generally non-refundable unless a free cancellation agreement has been made between the hotel and the customer.
  7. The customer shall only be entitled to offset or reduce claims of the hotel with claims that are legally binding or undisputed.
  8. If, after the contract has been signed, circumstances arise which, from the hotel’s point of view, cast doubt on the customer’s creditworthiness, the hotel reserves the right either to cancel the contract or to offer the agreed services only against advance payment or security deposit.
  9. Pets are only allowed with prior consent of the hotel and may be brought for a fee. 

IV. Withdrawal by the customer (cancellation) / non-utilisation of the services of the hotel

  1. The customer may only withdraw from the event contract if a right of withdrawal has been expressly agreed or a statutory right of withdrawal or cancellation exists. The agreement of a right of withdrawal and the hotel’s consent to the cancellation of the contract must be in text form. If this is not done, the agreed price according to the contract remains payable even if the customer does not make use of the contractual services.
  2. If a date for a free cancellation of the contract has been agreed between the hotel and the customer in text form, the customer has the option of cancelling up to this date without triggering payment or compensation claims by the hotel.
  3. If there is no statutory right of cancellation or a right of cancellation has not been agreed or has already expired and the hotel does not agree to a cancellation of the contract, the hotel shall retain the right to the agreed rent for the rooms, the event equipment, and third-party services despite non-utilisation of the service under Section III Paragraph 2. The hotel will consider the income from the alternative rental of the rooms as well as the expenses saved. The saved expenses can be calculated at a flat rate of 15%. The hotel shall be free to prove that the expenses saved are lower, and the customer shall be free to prove that the expenses saved are higher.
  4. If the customer cancels after the 60th day before the event, the hotel shall be entitled to charge 30% of the lost revenue in addition to paragraph 3, 60% of the lost revenue from the 30th day, and 85% of the lost revenue from the 10th

V. Cancellation by the hotel

  1. If the customer’s right of cancellation has been agreed in text form per Section IV Paragraph 1, the hotel reserves the right to cancel the contract within this period. This may occur if there are enquiries from other customers for the booked event rooms and the customer does not waive his right of cancellation within a period set by the hotel. The same applies if an option is granted and the customer is not prepared to make a binding booking within the specified period.
  2. If an agreed advance payment or an advance payment demanded per Section III Paragraph 6 is not made even after the expiry of a reasonable grade period set by the hotel, the hotel is entitled to withdraw from the hotel accommodation contract.
  3. The hotel may also withdraw from the contract for objectively justified reasons, for example in the event of force majeure or other circumstances for which the hotel is not responsible, and which make the fulfilment of the contract impossible. This may also be the case if events are booked under misleading or false statements of material facts or if the hotel has reasonable grounds to believe that the use of the hotel’s services may jeopardise the smooth operation, security, or reputation of the hotel without this being attributable to the hotel’s responsibility. A breach of Section II Paragraph 3 also justifies the cancellation of the hotel.
  4. Furthermore, the hotel is entitled to withdraw from the contract if the hotel becomes aware that the customer’s financial circumstances have deteriorated significantly after the conclusion of the contract. This occurs in particular if the customer does not settle due claims of the hotel or does not provide sufficient financial security, so that the hotel’s payment claims appear to be jeopardised. Such a situation may exist, for example, if the customer has filed an application for the opening of insolvency proceedings, out-of-court debt settlement proceedings have been initiated, or the customer has suspended payments. Cancellation can also take place if insolvency proceedings are opened or if the opening of such proceedings is rejected for lack of assets or for other reasons.
  5. Unauthorised sale events and similar events may be prohibited by the hotel or demand their cancellation.
  6. In the event of a justified cancellation by the hotel or the prohibition of an unauthorised event in accordance with paragraph 5, the customer has no right to claim compensation.
  7. Should the hotel be entitled to claim damages from the customer in the event of cancellation by the hotel, the hotel reserves the right to charge a lump sum for this claim. Section IV Paragraph’s 3 and 4 shall apply accordingly in this case.

VI. Bringing and taking of food

  1. The customer is generally not permitted to bring food and drink to events. Exceptions require prior approval in text form with the hotel. In such cases, the hotel may charge a service fee. In the event of non-compliance, the hotel shall be entitled to charge each participant a lump-sum compensation for the loss incurred, which the hotel would have had to pay to provide the service. The hotel shall not be liable for any damage to health caused by the consumption of food and drink brought in by the guests.

VII. Changes in event times and number of participants

  1. f the agreed start or end times of the event are postponed/changed and the hotel agrees to the changes, the hotel may still charge a reasonable fee for the additional services, unless a postponement is the fault of the hotel. If the agreed start or end time of the event is changed and the hotel is forced to accommodate guests in another hotel due to these changes, the customer shall bear all costs incurred as a result. Further claims for damages by the hotel shall remain unaffected.
  2. For events that extend beyond 24:00 hrs, the hotel may, unless otherwise agreed, charge staffing costs on a time and materials basis during this time.
  3. In the event of an increase in the number of participants, the hotel will charge the actual number of participants.

VIII. Brought along items

  1. The customer is responsible for any items brought into the hotel or function rooms at their own risk. The hotel shall not be liable for the loss, destruction, or damage of these objects, nor for any damage to the property, unless the hotel is guilty of gross negligence or intent. The above exclusions of liability will not be applicable in cases where the damages arise from injury to life, body, or health. Additionally, if the safekeeping of such items is a contractual obligation, due to the circumstances of the individual case, then these exclusions will not apply.
  2. Any decorations brought in must comply with fire safety requirements. The hotel is entitled to demand official proof thereof. If such proof is not provided, the hotel shall be entitled to remove any decoration material already brought in at the customer’s expense or to prohibit its installation. The installation and attachment of decoration material must be agreed upon in advance with the hotel to avoid possible damage.
  3. Exhibits or other items (e.g. packing materials) brought in by the customer must be removed immediately after the event. If the customer fails to do so, the hotel shall be entitled to remove and store such items at the customer’s expense. If the items remain in the function rooms, the hotel may charge a reasonable fee for the duration of their presence.

IX. Hotel liability, statute of limitations

  1. The hotel shall be liable for damage caused by intent and gross negligence, including that of its vicarious agents, in accordance with the statutory provisions. The same shall apply to damages caused by negligence resulting from injury to life, body, or health. The hotel and its vicarious agents shall only be liable for negligently caused damage to property and pecuniary damage in the event of a breach of an essential contractual obligation. However, the amount of liability shall be limited to the foreseeable damage typical for the contract.
  2. In the event of disruptions or defects in the services provided by the hotel, the hotel will endeavour to remedy the situation as soon as it is aware of the defect, or the customer makes a complaint, without delay. The customer is obliged to inform the hotel in good time of the possibility of unusually high damage and to contribute in a reasonable manner to remedying the disruption and minimising any damage.
  3. The hotel shall be liable for items brought into the hotel in accordance with the statutory provisions of the German Civil Code (BGB) up to a maximum of EUR 3.500 (§ 702 BGB). Liability shall not apply if rooms, event rooms, or containers in which the guest has deposited objects are left unlocked. In accordance with the BGB, liability for cash and valuables is limited to EUR 800 (§ 702 BGB) if they are kept in the hotel’s safe. Otherwise, the provisions of §§ 701 ff. BGB shall apply.
  4. The provision of a parking space does not constitute a contract of safekeeping. The hotel is not liable for the loss or damage of motor vehicles parked or manoeuvred on the hotel premises and their contents. The hotel has no duty of supervision. Damages must be reported to the hotel immediately.
  5. The customer’s right to make claims for damages will expire two years after they become aware of the damage or, irrespective of such awareness, three years after the damaging event occurred. This shall not apply to liability for damages arising from injury to life, body, or health or for other damages caused by an intentional or grossly negligent breach of duty by the hotel or its vicarious agents.

X. Customer’s obligations and liability

  1. If official permits or registrations (e.g. GEMA) are required for the event, the customer must obtain these at their own expense. The customer shall be responsible for compliance with public law and other regulations.
  2. The customer is liable for all damage to buildings or property caused by them, event participants, visitors, employees, or by other third parties.
  3. The customer is obligated to treat the premises, any items provided, and communal areas with due care. The customer shall also ensure that the use of other rooms or common areas is not impaired, in particular regarding noise.
  4. In cases where the hotel procures technical and other equipment from third parties at the customer’s request, the hotel shall act in the name, on behalf and for the account of the customer. The customer shall be liable for the careful treatment, proper use, and proper return of all equipment (including the hotel’s own equipment). The customer shall indemnify the hotel against all claims of third parties arising from the provision of such equipment.
  5. Customers require the hotel’s prior consent to use their own electrical equipment on the hotel’s power supply. Any disruptions or damage to the hotel’s facilities caused by using such equipment shall be borne by the customer unless the hotel is responsible for the damage. The hotel may charge a flat rate for the electricity costs incurred because of such use.
  6. If the customer’s own facilities interfere with the operation of the hotel’s suitable facilities and thus remain unused, a cancellation fee may be charged.

XI. Final provisions

  1. Amendments or additions to the contract or these GTC must be made in text form. Any unilateral amendments or additions by the customer shall be invalid.
  2. The place of fulfilment and payment shall be the location of the hotel.
  3. The exclusive place of jurisdiction, including disputes arising from cheques and bills of exchange in commercial transactions, is the registered office of the hotel. If a contractual partner fulfils the requirements of § 38 para. 2 ZPO (Code of Civil Procedure) and has no general place of jurisdiction in Germany, the hotel’s registered office shall be the place of jurisdiction.
  4. German law applies. The application of the UN Convention of Contract for the International Sale of Goods (CISG) and conflict of laws are excluded.
  5. If any part of these General Terms and Conditions (GTC) becomes invalid or void, it will not affect the validity of the remaining provisions. In such cases, statutory provisions will apply. In case of invalid provisions, they will be replaced by statutory provisions that come as close as possible to the meaning of the invalid provisions.
back to top