I. Scope

1. These terms and conditions apply to contracts for the rental of the hotel’s conference, banquet and event rooms for the organization of events such as banquets, seminars, meetings, exhibitions and presentations, etc. as well as to all services and deliveries provided by the hotel to the customer in this context .
   They also apply to contracts for the rental of hotel rooms with a volume of 10 or more rooms for accommodation as well as all services provided to the customer and delivery of the hotel in this context (hotel accommodation contract). The term “hotel accommodation contract” includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room contract.
2. The subletting or subletting of the rooms provided and their use for purposes other than accommodation require the hotel’s prior consent in text form, whereby Section 540 Paragraph 1 Sentence 2 BGB is waived unless the customer is a consumer.
3. The subletting or subletting of the rooms, areas or showcases provided as well as invitations to interviews, sales or similar events require the hotel’s prior consent in text form, whereby Section 540 Paragraph 1 Sentence 2 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, partners, liability, limitation period

1. The contractual partner is the hotel and the customer. The contract is concluded when the hotel accepts the customer’s application.
2. The hotel is liable for damages resulting from injury to life, body and health for which it is responsible. Furthermore, it is liable for damages that are based on an intentional or grossly negligent violation of the hotel’s typical contractual obligations. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages, unless otherwise stipulated in Section 13, are excluded. If disruptions or defects occur in the hotel’s services, the hotel will endeavor to remedy the situation upon knowledge or immediate complaint from the customer. The customer is obliged to do what is reasonable for him to remedy the disruption and keep any possible damage to a minimum. Furthermore, the customer is obliged to inform the hotel in a timely manner of the possibility of extraordinary damage occurring.
3. All claims against the hotel generally expire one year from the start of the limitation period. Claims for damages expire after five years, regardless of knowledge, unless they are based on an injury to life, body, health or freedom. These claims for damages expire in ten years, regardless of knowledge. The shortened statute of limitations does not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

III. Services, prices, payment, offsetting

1. The hotel is obliged to provide the services booked by the customer and promised by the hotel.
2. The customer is obliged to pay the hotel’s agreed or applicable price 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.
   This also applies in particular to claims from copyright collecting societies.
3. The agreed prices include taxes applicable at the time the contract is concluded.
4. Hotel invoices without a due date are payable without deductions within 12 days of the invoice being issued. The hotel can demand immediate payment of outstanding claims from the customer at any time. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest of currently 8% or, in the case of legal transactions in which a consumer is involved, 5% above the base interest rate. The hotel reserves the right to prove greater damage.
5. The hotel is entitled to demand an appropriate advance payment or security in the form of a credit card guarantee, a deposit or similar from the customer upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in text form in the contract. In the case of advance payments or security deposits for package tours, the legal provisions remain unaffected.
6. In justified cases, e.g. the customer is in arrears in payment or an extension of the scope of the contract, the hotel is entitled to make an advance payment or security deposit within the meaning of No. 5 above, even after the contract has been concluded, up to the start of the stay, or to increase the advance payment or security deposit agreed in the contract up to the full amount agreed to demand remuneration.
7. The customer can only offset or set off an undisputed or legally binding claim against a claim of the hotel.

IV. Withdrawal of the customer (cancellation, cancellation) / non-use of the hotel’s services (no show)

1. Cancellations must be made in writing and must be confirmed by the hotel. The customer has a right of withdrawal only in accordance with the statutory provisions or based on a contractual agreement. If, in individual cases, a date for free withdrawal from the contract was agreed in writing between the hotel and the customer when the contract was concluded, the customer can only withdraw from the contract up to this date without giving rise to claims for payment or damages from the hotel.
2. In the event of the contractual partner withdrawing from the reservation, the hotel is entitled to appropriate compensation.
3. The hotel has the choice to claim damages from the contractual partner in the form of a flat rate compensation instead of specifically calculated compensation.
   The calculation of the flat rate compensation includes the contractually agreed services (in particular the accommodation of the guests, the rental of the conference and function rooms and/or the catering and the booked flat rates).
   This is staggered for an overnight stay of 10 room nights or more (multiplier number of rooms and length of nights of stay):
   • Up to 2 months before the arrival date
     no cancellation fees
   • Up to 1 month before the arrival date
     50% of the booked service
   • Up to 2 weeks before the arrival date
     70% of the booked service
   • Less than 2 weeks before arrival date
     80% of the booked service
   • For more than 30 rooms per night, special cancellation conditions apply, which are determined individually by the hotel.
4. When booking an event room without a fixed meal service, the reserved service is calculated from the number of people multiplied by the cheapest 3-course menu price from the existing offer.
5. The cancellation fees are reduced by the amounts generated by re-letting the canceled rooms or event capacities. The above cancellation fees also apply if the ordered and reserved services are only partially canceled by the guest, whereby the flat rates mentioned relate to the part of the services that was canceled, or if the guest cancels the ordered and reserved services without expressly canceling not used.
6. If the hotel has given the guest an option in the contract to withdraw from the contract within a certain period of time without further legal consequences, the hotel is not entitled to compensation. The decisive factor for the timeliness of the cancellation declaration is its receipt by the hotel. The guest must declare the withdrawal in writing.

V. Cancellation of the hotel

1. If the guest has been granted a free right of withdrawal in accordance with the contractual agreements, the hotel is also entitled to withdraw from the contract within the agreed period if there are inquiries from other guests about the booked rooms or event capacities and the guest does not waive their free right of withdrawal when asked by the hotel.
2. If a contractually agreed required advance payment or security deposit is not made even after a grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.
3. Furthermore, the hotel is entitled to withdraw from the contract for important reasons, in particular if:
   • Force majeure or other circumstances for which the hotel is not responsible make fulfillment of the contract impossible;
   • Events that misrepresent or misrepresent material facts, e.g. B. the organizer or purpose;
   • the hotel has reasonable grounds to believe that the event may endanger the smooth running of business, the security or the public reputation of the hotel, without this being attributable to the control or organizational area of the hotel;
   • Unauthorized subletting or subletting of the rooms, areas or showcases provided as well as invitations to interviews, sales or similar events require the hotel’s prior written approval;
   • the hotel becomes aware of circumstances that the contractual partner’s financial circumstances have deteriorated significantly after the conclusion of the contract, in particular if the guest does not settle the hotel’s due claims or does not provide sufficient security and the hotel’s payment claims therefore appear to be at risk;
   • the contractual partner has filed an application to open insolvency proceedings regarding his assets, has submitted an affidavit in accordance with Section 807 of the Code of Civil Procedure, has initiated out-of-court proceedings to settle debts or has stopped his payments;
   • insolvency proceedings are opened against the contractual partner’s assets or the opening of the same is rejected due to insufficient assets.

VI. Change, partial return of room capacities as part of the event

1. The hotel grants the organizer the opportunity to return parts of the contingent reserved by him within the following deadlines without being charged any damages or cancellation costs.
   • Up to 42 days before arrival:
     max. 15% of the reserved quota
   • Up to 21 days before arrival:
     max. 10% of the reserved quota, but at least one room
   • Up to 14 days before arrival:
     max. 8% of the reserved quota, but at least one room
   • Less than 14 days before arrival:
     max. 5% of the reserved quota, but at least one room
2. The organizer can only use the return option once per reservation. If the organizer returns a higher quota than that stated at the time mentioned above, the hotel is entitled to charge for the cancellation in excess of the stated percentage. For call quotas with an agreed return date (cut-off date), the return periods mentioned above do not apply to the quota.

VII. Change in the number of participants and the event time at events

1. The contractual partner is obliged to inform the hotel of the expected number of participants when ordering. The final number of participants must be communicated to the hotel in writing at least four working days before the event date in order to ensure careful preparation. A change in the number of participants by more than 5% requires the hotel’s consent.
2. When calculating services that the hotel provides based on the number of registered people (such as hotel rooms, food and drinks), if the reported and contractually agreed number of participants increases, the actual number of people will be calculated. If the contractually agreed number of participants is reduced by more than 5%, the hotel is entitled to bill the contractually agreed number of participants minus 5%.
3. If the number of participants is reduced by more than 10%, the hotel is entitled to increase the agreed prices appropriately and to exchange the confirmed rooms, unless this cannot be reasonably expected of the contractual partner. The prices can also be changed by the hotel if the contractual partner subsequently requests changes to the number of participants, the hotel’s services or the duration of the event and the hotel agrees to this. If a definable part of a booked event is not used, the hotel can demand appropriate compensation for the unused part in accordance with the cancellation regulations.
4. The contractual partner is free to prove that the hotel has a higher share of saved expenses.
5. If the agreed start or end times of the event are postponed without the hotel’s prior written consent, the hotel may charge additional costs for the provision of staff and equipment, unless the hotel is responsible for the postponement.
6. For events that extend beyond 1 a.m., the hotel will charge staff costs of EUR 75.00 per hour from this point onwards.

VIII. Price Changes

1. If the period between the conclusion of the contract and the provision of the individual services exceeds a period of more than 4 months and the price generally charged by the hotel for such services increases, the contractually agreed price can be increased by the hotel appropriately, but at most by up to 10%.

IX. Event fees

1. If the rights of third parties (copyrights, etc.) are affected during events, the organizer is obliged to obtain the appropriate permits at his own expense before holding the event and to pay any applicable fees (GEMA fees, etc.) directly. Should fees or claims for damages be asserted against the hotel for this reason, the organizer will indemnify the hotel against the claimant.

X. Deposit

1. The organizer is obliged to make an advance payment of 50% of the planned turnover for the event no later than 4 weeks before arrival. A corresponding proforma invoice will be sent to the organizer shortly before the start of the event. If advance payments are not made by the specified time, we reserve the right to automatically cancel the booking.
   If the deposit is not paid according to the payment deadlines, the hotel is entitled to cancel the booking. If the hotel cannot sell the canceled capacities elsewhere and with equal value, the costs for the resulting loss of sales will be calculated at 80% of the contractually agreed total amount.

XI. Bring food and drinks

1. The customer is generally not allowed to bring food and drinks to events. Exceptions require an agreement with the hotel. In these cases, a contribution will be charged to cover overhead costs.

XII. Technical setup and connections

1. If the hotel procures technical and other equipment from third parties for the customer at the customer’s request, it acts in the name, with authority and on behalf of the customer.
   The customer is liable for careful treatment and proper return. He releases the hotel from all third-party claims arising from the provision of these facilities.
2. The use of the customer’s own electrical systems using the hotel’s power network requires the customer’s consent. Any malfunctions or damage to the hotel’s technical systems caused by the use of these devices will be borne by the customer, unless the hotel is responsible for this. The hotel may record and charge a flat rate for the electricity costs arising from use.
3. With the consent of the hotel, the customer is entitled to use his own telephone, fax and data transmission facilities. The hotel may charge a connection fee for this.
   If the hotel’s suitable systems remain unused due to the customer’s own systems being connected, a loss compensation may be charged.
4. Malfunctions in technical or other facilities provided by the hotel will be eliminated immediately if possible. Payments cannot be withheld or reduced unless the hotel is responsible for this disruption.

XIII. Loss of or damage to items brought with you

1. Any exhibition or other items, including personal items, are stored in the event rooms or in the hotel at the customer’s risk. The hotel assumes no liability for loss, destruction or damage, including financial loss, except in the event of gross negligence or intent on the part of the hotel. Excluded from this are damages resulting from injury to life, body or health. In addition, all cases in which safekeeping represents a typical contractual obligation due to the circumstances of the individual case are excluded from this exemption from liability.
2. Any decorative material brought along must meet the fire protection requirements. The hotel is entitled to request official proof of this. If such proof is not provided, the hotel is entitled to remove material that has already been attached at the customer’s expense. Due to possible damage, the placement and attachment of items must be coordinated with the hotel in advance.
3. Any exhibition or other items brought along must be removed immediately after the end of the event. If the customer fails to do this, the hotel may carry out the removal and storage at the customer’s expense. If the items remain in the event room, the hotel can charge appropriate compensation for use for the duration of the room’s withholding.

XIV. Liability of the customer for damages

1. If the customer is an entrepreneur, he is liable for all damage to the building or inventory caused by event participants or visitors, employees, other third parties from his area or himself.
2. The hotel may require the customer to provide appropriate security, for example in the form of a credit card guarantee.

XV. Final provisions

1. Changes and additions to the contract, the acceptance of the application or these general terms and conditions should be made in text form. Unilateral changes or additions by the customer are invalid.
2. The place of fulfillment and payment as well as the exclusive place of jurisdiction – also for check and bill of exchange disputes – is D-78479 Insel Reichenau in commercial transactions. If a contractual partner meets the requirements of Section 38 Paragraph 2 ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is D-78479 Reichenau Island.
3. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
4. Should individual provisions of these general terms and conditions for events and groups be or become ineffective or void, this will not affect the effectiveness of the remaining provisions. In addition, the statutory provisions apply.

Reichenau Island, as of 2023
Ganter Hotel & Restaurant Mohren
Pirminstr. 141, 78479 Reichenau Island