Terms and conditions for
conferences and events
I. Scope
1. These terms and conditions apply to contracts concerning the provision of conference, event, and other rooms of Hotel Huntetal GmbH & Co. KG, Im Hagen 3, 27793 Wildeshausen, hereinafter referred to as Wildeshauser Hof, for the conduct of all types of events, in particular conferences and celebrations, as well as for all related services and deliveries provided by Wildeshauser Hof for the customer.
2. The subletting or further rental of the rooms and areas provided, as well as public invitations or other advertising measures for job interviews, sales, or similar events, requires the prior express consent of Wildeshauser Hof, whereby the right to terminate in accordance with § 540 para. 1 clause 2 of the BGB is waived.
3. The general terms and conditions of the customer shall only apply if this has been expressly agreed in writing beforehand.
II. Conclusion of contract; partners, liability, statute of limitations
1. The contract is concluded through the acceptance of the customer's application by Wildeshauser Hof.
2. The customer is obliged to inform Wildeshauser Hof unsolicited and at the latest at the time of conclusion of the contract if the event is suitable due to its political, religious, or other character to endanger the smooth operation of business, safety, or reputation of Wildeshauser Hof in the public eye.
3. Wildeshauser Hof shall be liable for damages caused by it resulting from the injury to life, body, or health. Furthermore, Wildeshauser Hof shall be liable for other damages resulting from an intentional or grossly negligent breach of duty by Wildeshauser Hof and damages resulting from an intentional or negligent breach of typical contractual obligations by Wildeshauser Hof. Typical contractual obligations are obligations that make it possible to execute the contract properly and upon whose fulfillment the customer can rely and trust. A breach of duty by Wildeshauser Hof is equivalent to a breach by a legal representative or vicarious agent. Further claims for damages, unless otherwise provided for in Clause IX, are excluded. If disturbances or defects occur in the services provided by Wildeshauser Hof, Wildeshauser Hof will make efforts to remedy the situation upon acknowledgement or immediate complaint by the customer. The customer is obliged to contribute to remedying the disturbance and keeping possible damages to a minimum to the best of its ability. In addition, the customer is obliged to inform Wildeshauser Hof in due time of the possibility or likelihood of an extraordinarily high damage.
4. Messages, mail, and deliveries to the customer are handled with care. Wildeshauser Hof is responsible for delivery, storage (however, only after prior agreement in case of deliveries) and, upon request and for a fee, for forwarding them. The liability of Wildeshauser Hof is subject to the provisions of Clauses 3 sentences 1 to 4.
III. Services, prices, payment, offsetting
1. The customer is obligated to pay the prices agreed upon or customary for the services ordered and used otherwise by Wildeshauser Hof. This also applies to services of third parties initiated directly by the customer or via Wildeshauser Hof, whose remuneration is advanced by Wildeshauser Hof, as well as claims of copyright collecting societies.
2. The agreed prices include the statutory value-added tax applicable at the time the contract is concluded. If this changes after the conclusion of the contract, the prices will be adjusted accordingly. For contracts with consumers, this only applies if more than 2 months elapse between the conclusion of the contract and the provision of services.
3. If a minimum turnover has been agreed and this is not reached, Wildeshauser Hof can demand 60% of the difference as lost profit, unless the customer proves a lower or Wildeshauser Hof a higher damage.
4. If payment on account has been agreed, payment - subject to a different agreement - must be made within ten days of receipt of the invoice without any deductions. The customer agrees that the invoice can be transmitted to him electronically.
5. The customer must reimburse the Wildeshauser Hof € 5 for each reminder after default has occured. The customer is free to provide evidence that no or substantially lower costs have been incurred. For customers who are not consumers, the Wildeshauser Hof may instead assert the claim under § 288 para. 5 German Civil Code.
6. The Wildeshauser Hof is entitled to demand a reasonable advance payment or security deposit, such as a credit card guarantee, from the customer at the time of contract formation. The amount of the advance payment and the due dates can be agreed in writing in the contract.
7. In justified cases, for example customer's default in payment or expansion of the scope of the contract, the Wildeshauser Hof is entitled to demand an advance payment or security deposit within the meaning of the foregoing No. 6 or an increase in the agreed advance payment or security deposit up to the full agreed remuneration, even after the conclusion of the contract.
8. The customer can offset or set off only with an undisputed or legally established claim against a claim of the Wildeshauser Hof.
IV. Cancellation (cancellation, termination) by the Customer
1. The Customer may only unilaterally terminate the contract concluded with the Wildeshauser Hof free of charge if a right of free termination has been expressly agreed in the contract or if there is a legal right to free termination of the contract. The agreement of a right of termination and the possible consent of the Wildeshauser Hof to a contract termination desired by the Customer must be made in writing.
2. If a date has been agreed for the exercise of the right of free termination, the Customer may withdraw from the contract until then without triggering any payment or damages claims from the Wildeshauser Hof. The right expires if the Customer does not exercise it in writing to the Wildeshauser Hof by the agreed date.
3. If there is no right to free termination agreed or it has already expired, there is also no legal right to free termination of the contract, and if the Wildeshauser Hof does not agree to a free termination of the contract, the Wildeshauser Hof retains the claim to the agreed conference flat rate or rent for rooms, exhibition spaces, technology and event equipment, to any remuneration for services provided by third parties in accordance with Section III.1 sentence 2 and, in the case of an agreed minimum turnover, to the claim under Section III.3. The Wildeshauser Hof must credit the income from any other rental and saved expenses. The saved expenses can be charged in a lump sum, at a rate of 10% for individually specified rents. The Customer is free to provide evidence that the claim did not arise or did not arise to the amount requested. The Wildeshauser Hof is free to provide evidence of a higher claim.
4. If the Customer cancels after 60 days before the event, in addition to the agreed rent (minus any other revenue or saved expenses according to paragraph 3, sentence 2 above), any remuneration for services provided by third parties according to Section III.1, sentence 2 and/or any agreed minimum turnover according to Section III.3, the Wildeshauser Hof is entitled to charge 35% of the lost revenue from consumption; from 30 days before, 60%; and from 10 days before, 85% of the revenue from consumption. For multi-day events, the first day of the event is decisive for calculating the deadline. The Customer is free to provide evidence that the claim did not arise or did not arise in the amount requested. The Wildeshauser Hof is free to provide evidence that a higher claim has arisen.
5. Unless there was a one-time fee for the entire catering, the revenue from consumption is calculated according to the formula: menu price of the event plus drinks x number of participants. If no price has been agreed for the menu, the cheapest 3-course menu of the current events offer will be used. Drinks are charged at one third of the menu price.
6. If a conference flat rate per participant has been agreed, the Wildeshauser Hof is also entitled to charge 60% of the conference flat rate x the agreed number of participants in the event of a cancellation from 60 days before the event, 75% in the event of a cancellation from 30 days before and 85% in the event of a cancellation from 10 days before the event. For multi-day events, the first day of the event is decisive for calculating the deadline. The Customer is free to provide evidence that the claim did not arise or did not arise in the amount requested. The Wildeshauser Hof is free to provide evidence that a higher claim has arisen.
7. If rentals for rooms and/or exhibition spaces were exceptionally not separately agreed in the contract but proportionally included in the conference flat rate, the Wildeshauser Hof may also charge, even in the event of a cancellation up to 60 days before the event, the share of the rent x the agreed number of participants, less a lump sum of 10% for saved expenses. This also applies to complete packages including the accommodation fee for the relevant share. The above paragraph 3, sentence 2 regarding the crediting of other revenues applies accordingly in each case.
V. Withdrawal from the Wildeshauser Hof
1. If it has been contractually agreed that the customer can withdraw from the contract free of charge up to a certain date, the Wildeshauser Hof is entitled to withdraw from the contract until that time if other customers' inquiries for the contractually booked event rooms are received and the customer, upon request from the Wildeshauser Hof with an appropriate deadline, does not waive his right to withdraw. The same applies if an option is granted and other inquiries are received, and the customer is not ready to make a firm booking upon request from the Wildeshauser Hof with an appropriate deadline.
2. Furthermore, the Wildeshauser Hof is entitled to withdraw from the contract for objectively justified reasons, for example, if
• forces of nature or other circumstances beyond the control of the Wildeshauser Hof make the fulfillment of the contract impossible;
• events are booked under misleading or false information or the concealment of essential contract details. Contractual essentials can include the customer's identity, financial solvency, or the purpose of the event;
• the Wildeshauser Hof has good reason to believe that the event may endanger the smooth operation of the business, the safety, or the public image of the Wildeshauser Hof, without this being attributable to the sphere of influence or organization of the Wildeshauser Hof;
• the purpose or occasion of the event is illegal;
• a breach of Clause I No. 2 exists;
• an agreed or requested advance payment, in accordance with the above Clause III Nos. 6 and/or 7, has not been made even after an appropriate deadline set by the Wildeshauser Hof has expired.
3. The legitimate withdrawal by the Wildeshauser Hof does not give rise to a claim by the customer for damages. If, in the case of a withdrawal according to the above No. 2, there is a claim for damages by the Wildeshauser Hof against the customer, the Wildeshauser Hof may make a lump sum claim. Clauses IV Nos. 3 to 7 shall apply accordingly in this case.
VI. Changes in the number of participants and the event time
1. An increase in the number of participants must be notified to the Wildeshauser Hof no later than five working days before the start of the event; it requires the approval of the Wildeshauser Hof, which shall be given in written form. The actual number of participants shall be used for billing, but at least 95% of the agreed higher number of participants. If the actual number of participants is lower, the customer has the right to reduce the agreed price by the additional expenses saved by him/her as a result of the lower number of participants, which he/she must prove.
2. A reduction in the number of participants by more than 5% should be notified to the Wildeshauser Hof in a timely manner, but no later than five working days before the start of the event. The actual number of participants shall be used for billing, but at least 95% of the agreed number of participants. The third sentence of the above No. 1 shall apply accordingly.
3. In the event of a reduction in the number of participants by more than 10%, the Wildeshauser Hof is entitled to exchange the confirmed rooms - taking into account the possibly lower room rental - unless this is unreasonable for the customer.
4. If the agreed start or end times of the event are postponed and the Wildeshauser Hof agrees to these deviations, the Wildeshauser Hof may charge the additional willingness to perform appropriately, unless the Wildeshauser Hof is at fault.
VII. Bringing food and drinks
1. The customer is generally not allowed to bring food and drinks to events. Exceptions require an agreement with the Wildeshauser Hof, which shall be given in written form. The Wildeshauser Hof may make its approval dependent on the calculation of a contribution to cover the overhead costs.
VIII. Technical facilities and connections; regulatory permits
1. To the extent that the Wildeshauser Hof procures technical and other equipment from third parties for the customer at his/her request, the Wildeshauser Hof acts in the name, on behalf, and for the account of the customer. The customer is liable for careful handling and proper return. He/she releases the Wildeshauser Hof from all claims by third parties arising from the provision of this equipment.
2. The use of the customer's own electrical equipment using the power grid of the Wildeshauser Hof requires the express consent of the Wildeshauser Hof; this may be made dependent on the paid provision of a hotel technician. Interference or damage to the technical equipment of the Wildeshauser Hof caused by the use of these devices shall be borne by the customer, unless the Wildeshauser Hof is responsible for them. The Wildeshauser Hof may record and charge the electricity costs incurred by using these devices on a flat rate basis.
3. The customer is entitled, with the consent of the Wildeshauser Hof, to use his/her own telephone, fax and data transmission equipment. The Wildeshauser Hof may charge a connection fee and/or compensation for the failure to use its systems for this purpose.
4. Disruptions to technical or other equipment provided by the Wildeshauser Hof will be rectified as soon as possible. Payments may not be retained or reduced unless the Wildeshauser Hof is responsible for such disruptions.
5. The customer shall obtain the necessary regulatory permits required for the event in good time and at his/her own expense. He/she is responsible for compliance with public law regulations and other provisions.
IX. Loss or damage to brought items
1. Exhibits or other personal items brought along, as well as any other personal items, are kept at the customer's own risk in the event rooms or the hotel. The Wildeshauser Hof assumes no liability for loss, destruction or damage, including financial damage, except in cases of gross negligence or willful misconduct by the Wildeshauser Hof. Moreover, all cases where storage is due to the circumstances of the individual case a contractual obligation, are excluded from this exemption from liability. Apart from the cases mentioned in sentence 3, a separate storage contract requires an express agreement. Otherwise, point II, no. 3 shall apply accordingly.
2. Decorative material brought along and other items brought in by customers must comply with fire safety and other regulatory requirements. The Wildeshauser Hof is entitled to request official proof of compliance. If such proof is not provided, the Wildeshauser Hof may remove material already brought in, at the customer's expense. The arrangement and attachment of items must be coordinated with the Wildeshauser Hof beforehand to avoid possible damage.
3. Exhibits or other items brought along must be removed immediately after the event. If the customer fails to do so, the Wildeshauser Hof may remove and store them at the customer's expense. If the items remain in the event room or exhibition area, the Wildeshauser Hof may charge a reasonable fee for using the space during the period of withholding.
X. Customer's liability for damages
1. If the customer is an entrepreneur, he shall be liable for all damages to the building or inventory caused by event participants, visitors, employees, other third parties from his area or himself. This shall apply accordingly if the customer is a legal entity under public law, a political party or a trade union.
2. The Wildeshauser Hof may demand the provision of appropriate security (such as insurance, deposits, guarantees) from the customer.
XI. Final provisions
1. Changes or additions to the contract or these terms and conditions shall be made in writing. Unilateral changes or additions by the customer shall be invalid.
2. If the customer is a merchant or a legal entity under public law, Wildeshausen shall be the exclusive place of jurisdiction. The same shall apply to customers who have their registered office or domicile in a member state of the EU.
3. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws rules shall be excluded.
4. The Wildeshauser Hof does not participate in dispute resolution proceedings before consumer arbitration boards.
5. Should individual provisions of these general terms and conditions for conferences be invalid or ineffective, this shall not affect the validity of the remaining provisions. In all other respects, statutory provisions shall apply.
