General Terms and Conditions of Rheinturm-Gaststätten GmbH EVENT ROOMS
I. SCOPE OF APPLICATION 1. These terms and conditions apply to contracts for the rental of conference, banquet, and event rooms of Rheinturm-Gaststätten GmbH (hereinafter referred to as "Restaurant") for the purpose of holding events such as banquets, seminars, conferences, exhibitions, and presentations, etc., as well as for all other services and deliveries provided by the Restaurant to the customer in this context. 2. All personal data provided may be collected, stored, and used by Günnewig Betriebsgesellschaft mbH & Co. KG, Centro Hotel Management GmbH, their affiliated companies, and service providers commissioned by them in the systems of Centro Hotel Management GmbH for the purpose of fulfilling the concluded contract. 3. The subletting or further letting of the rented rooms, spaces, or display cases, as well as invitations to job interviews, sales events, or similar events, require the prior written consent of the Restaurant, whereby Section 540 Paragraph 1 Sentence 2 of the German Civil Code (BGB) is waived, unless the customer is a consumer. 4. The customer's general terms and conditions only apply if this has been expressly agreed upon in writing beforehand.
II. CONCLUSION OF CONTRACT, CONTRACTING PARTIES, LIABILITY, STATUTE OF LIMITATIONS 1. The contract is concluded upon acceptance of the customer's application by the restaurant; these are the contracting parties. The booking of the event will be confirmed in writing. 2. If the customer is not the event organizer himself, or if the event organizer engages a commercial intermediary or organizer, the event organizer is jointly and severally liable with the customer for all obligations arising from the contract, provided the restaurant has received a corresponding declaration from the event organizer. 3. All claims against the restaurant generally become statute-barred one year from the statutory commencement of the limitation period. Claims for damages become statute-barred after five years, regardless of knowledge of the damage, unless they are based on injury to life, body, health, or freedom. These claims for damages become statute-barred after ten years, regardless of knowledge of the damage. The shortened limitation periods do not apply to claims based on an intentional or grossly negligent breach of duty by the restaurant. Claims by consumers within the meaning of Section 13 of the German Civil Code (BGB) are subject to the statutory limitation periods.
III. SERVICES, PRICES, PAYMENT, SET-OFF 1. The restaurant is obligated to provide the services ordered by the customer and confirmed by the restaurant. 2. The customer is obligated to pay the restaurant's agreed-upon or applicable prices for these and any other services used. This also applies to services and expenses incurred by the restaurant on behalf of the customer with third parties, in particular claims from copyright collecting societies. The agreed-upon prices include the applicable statutory value-added tax. 3. Restaurant invoices without a due date are payable immediately upon receipt without deduction. The restaurant may demand immediate payment of outstanding invoices from the customer at any time. In the event of late payment, the restaurant is entitled to claim the applicable statutory default interest, currently 9%, or 5% in the case of legal transactions involving a consumer. The restaurant reserves the right to prove a higher loss. 4. The restaurant is entitled to request a reasonable advance payment or security deposit from the customer upon conclusion of the contract, in the form of a credit card guarantee or charge, a down payment, or similar. The amount of the advance payment and the payment dates can be agreed upon in writing in the contract. 5. In justified cases, e.g., customer payment arrears or an expansion of the scope of the contract, the restaurant is entitled, even after conclusion of the contract and up to the start of the event, to demand an advance payment or security deposit as defined in section 4 above, or an increase in the advance payment or security deposit agreed upon in the contract up to the full agreed remuneration. 6. The customer may only offset or deduct undisputed or legally enforceable claims against claims of the restaurant.
IV. CUSTOMER WITHDRAWAL (CANCELLATION, CANCELLATION) 1. A customer may only cancel the contract concluded with the restaurant if a right of withdrawal has been expressly agreed upon in the contract, if another statutory right of withdrawal exists, or if the restaurant expressly agrees to the cancellation. Any agreement regarding a right of withdrawal, as well as any consent to a cancellation, must be in writing. If this is not the case, the agreed room rental fee and any services arranged with third parties must be paid in any event, even if the customer does not make use of the contractual services and the premises cannot be re-let. 2. If a deadline for free cancellation of the contract has been agreed upon in writing between the restaurant and the customer, the customer may cancel the contract up to that deadline without incurring any payment or damage claims from the restaurant. The customer's right of withdrawal expires if they do not exercise their right to cancel in writing to the restaurant by the agreed deadline. 3. If the customer cancels between the 8th and 4th week before the event date, the restaurant is entitled to charge, in addition to the agreed rental price, 35% of the lost food revenue; for any later cancellation, 70% of the food revenue. 4. Food revenue is calculated using the formula: agreed menu price x number of participants. If no price has yet been agreed for the menu, the least expensive 3-course menu from the currently valid event offerings will be used as the basis. 5. If a conference or event package per participant has been agreed, the restaurant is entitled to charge 60% of the conference or event package x the agreed number of participants for cancellations between the 8th and 4th week before the event date, and 85% for later cancellations. 6. The deduction of saved expenses is already included in sections 3 to 5. The customer is free to prove that the aforementioned claim did not arise or did not arise in the amount claimed.
VI. CHANGES IN THE NUMBER OF PARTICIPANTS AND EVENT TIME 1. Any change in the number of participants exceeding 5% must be communicated to the restaurant no later than five business days before the event; it requires the restaurant's written consent. 2. The restaurant will accept a reduction in the number of participants by the customer of up to 5% for billing purposes. For deviations exceeding this, the originally agreed-upon number of participants less 5% will be used as the basis for calculation. The customer has the right to reduce the agreed-upon price by the expenses demonstrably saved due to the lower number of participants. 3. In the event of an increase in the number of participants, the actual number of participants will be billed. 4. If the number of participants deviates by more than 10%, the restaurant is entitled to adjust the agreed-upon prices and change the confirmed rooms, unless this is unreasonable for the customer. 5. If the agreed start or end times of the event are changed and the restaurant agrees to these deviations, the restaurant may charge appropriately for the additional services provided, unless the restaurant is at fault.
VII. BRINGING FOOD AND DRINKS Customers are generally not permitted to bring their own food and drinks to events. Exceptions require a written agreement with the restaurant. In such cases, a contribution towards overhead costs will be charged.
VIII. TECHNICAL EQUIPMENT AND CONNECTIONS 1. If the restaurant procures technical and other equipment from third parties for the customer at the customer's request, it does so in the customer's name, on the customer's behalf, and at the customer's expense. The customer is liable for the proper handling and return of the equipment. The customer indemnifies the restaurant against all third-party claims arising from the provision of this equipment. 2. The use of the customer's own electrical equipment using the restaurant's power supply requires the restaurant's written consent. Any malfunctions or damage to the restaurant's technical equipment caused by the use of such equipment shall be borne by the customer, unless the restaurant is responsible for them. The restaurant is entitled to charge a flat fee for the electricity costs incurred through such use. 3. With the restaurant's consent, the customer is entitled to use their own telephone, fax, and data transmission equipment. The restaurant may charge a connection fee for this. 4. If the connection of the customer's own equipment renders suitable restaurant equipment unusable, a compensation fee may be charged. 5. Malfunctions of technical or other equipment provided by the restaurant will be rectified as soon as possible. Payments may not be withheld or reduced if the restaurant is not responsible for these malfunctions.
IX. HOTEL LIABILITY/ LOSS OR DAMAGE TO BRINGED-ON ITEMS 1. The restaurant is liable for its obligations under the contract. The customer's claims for damages are excluded. This exclusion does not apply to damages resulting from injury to life, body, or health if the restaurant is responsible for the breach of duty; other damages based on an intentional or grossly negligent breach of duty by the restaurant; and damages based on an intentional or negligent breach of essential contractual obligations by the restaurant. A breach of duty by the restaurant is equivalent to a breach of duty by its legal representatives or agents. Should disruptions or defects occur in the restaurant's services, the restaurant will endeavor to remedy the situation upon becoming aware of the issue or upon receiving immediate notification from the customer. The customer is obligated to contribute what is reasonable to remedy the disruption and minimize any potential damage. Furthermore, the customer is obligated to inform the restaurant in a timely manner of the possibility of exceptionally high damages occurring. 2. Exhibited items or other belongings, including personal items, brought onto the premises are at the customer's own risk. The restaurant accepts no liability for loss, destruction, or damage, including financial losses, except in cases of gross negligence or willful misconduct on the part of the restaurant. This exclusion of liability does not apply to damages resulting from injury to life, body, or health. Furthermore, all cases in which safekeeping constitutes a typical contractual obligation due to the specific circumstances are excluded from this limitation of liability. 3. Any decorative materials brought onto the premises must comply with fire safety regulations. The restaurant is entitled to request official proof of compliance. If such proof is not provided, the restaurant is entitled to remove any materials already brought onto the premises at the customer's expense. Due to the potential for damage, the setup and placement of any items must be coordinated with the restaurant in advance. 4. Exhibited items or other belongings brought onto the premises must be removed immediately after the event. If the customer fails to do so, the restaurant may remove and store the items at the customer's expense without prior notice. If items remain in the event space, the restaurant may charge a reasonable usage fee for the duration of their presence. The customer is free to prove that the aforementioned claim is invalid or not valid to the extent claimed.
X. CUSTOMER LIABILITY FOR DAMAGES 1. If the customer is a business, they are liable for all damage to the building or its contents caused by event participants or visitors, employees, other third parties within their sphere of influence, or by the customer themselves. For consumers, the statutory liability provisions apply. 2. The restaurant may require the customer to provide appropriate security (e.g., insurance, deposits, guarantees).
XI. FINAL PROVISIONS 1. Amendments and additions to the contract, the acceptance of the application, or these General Terms and Conditions must be in writing. Unilateral amendments or additions by the customer are invalid. 2. The place of performance and payment is the location of the restaurant. 3. The exclusive place of jurisdiction – also for disputes concerning checks and bills of exchange – is, in commercial transactions, the registered office of the restaurant. If a contracting party meets the requirements of Section 38 Paragraph 2 of the German Code of Civil Procedure (ZPO) and does not have a general place of jurisdiction in Germany, the registered office of the restaurant shall be deemed the place of jurisdiction. 4. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict of laws rules is excluded. 5. Should individual provisions of these General Terms and Conditions for Events be invalid or unenforceable, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions shall apply.
