I. Scope
II. Conclusion of contract, contracting parties; liability, statute of limitations
III. Services, prices, payments, offsetting
IV. Withdrawal of the customer (cancellation)/failure to make use of the hotel services (No Show)
*The scale can only be used once. The specification of the respective number of people/RN refers to the real group size and is not an addition of the event days. E.g., 100 people on 3 days fall into the cancellation group 100 pax/ RN and not the group for 300 pax/RN. If different numbers of people are booked on different event days, the higher number of people is representative. The same applies if the number of rooms and conference participants differ. The percentage indications apply accordingly to other services related to events such as room rental, additional food and drink or booked workshops. In the event that an agreed minimum turnover is not reached, which is composed of the conference flat rate, additional drinks or conference technology, the difference to the agreed minimum turnover is charged as room rent. In the event of full cancellation and therefore failure to reach the minimum turnover, this is charged according to the aforementioned table
The portions of the event/overnight stays to be cancelled free of charge represent the lump sum saved expenses. The hotel is therefore entitled to charge the customer for the portions of the event/overnight stays that can no longer be cancelled free of charge and to withhold this from the deposit, provided that this has been paid.
The customer is at liberty to prove that the claim did not arise or did not arise in the amount claimed. The hotel is at liberty to prove that a higher claim has arisen. V. Withdrawal from the contract by the hotel
Insofar as it has been agreed that the customer may withdraw from the contract free of charge within a specific period, the hotel is also entitled to withdraw from the contract free of charge during this period if there are enquiries from other customers regarding the contractually booked rooms/conference offers and the customer does not waive their right to withdraw at the hotel's request within 2 weeks. Should the guest let this period lapse without acting, the hotel is entitled to withdraw. This applies accordingly in the event of a concession of an option, if other enquiries exist and the customer is not ready to make a firm booking upon enquiry by the hotel with a time limit of 2 weeks.
If an agreed or demanded advance payment pursuant to III. Clause 5 is not made even after a reasonable grace period of 5 working days set by the hotel has expired, the hotel is also entitled to withdraw from the contract.
Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, especially if ... – force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract; – events are culpably booked with misleading or false information regarding essential facts (e.g., regarding the identity of the customer or the purpose); – the hotel has reasonable grounds to believe that the event may jeopardise the smooth business operations, security or public reputation of the hotel, without this being attributable to the hotel's sphere of control or organisation; – there is a breach of I. Clause 2; – the purpose or the reason for the event is illegal; – the hotel has issued a house ban to the guest.
In the event of justified withdrawal by the hotel, the customer has no claim to compensation.
VI. Change to the participant number, event time and the seating
In the event of an upward deviation, the actual number of participants will be calculated.
In the event of deviations in the participant number by more than 10% upwards or downwards, the hotel is unilaterally entitled to newly determine the agreed prices as well to swap the confirmed rooms, unless this is found to be unreasonable by the customer in individual cases.
If the agreed start and end times of the event are moved and the hotel agrees to these deviations, the hotel can charge an appropriate fee for its additional services provided, unless the hotel is at fault.
It is possible to make a change to the contractually agreed seating free of charge up to 48 hours before the beginning of the event. After this time, the hotel is entitled to demand an expense allowance for the change, which can also be agreed verbally between the contracting parties.
VII. Bringing food and drink
In principle, the customer may not bring food and drink to events. Exceptions require previous written agreement from the hotel. In these cases, an appropriate contribution is charged to cover the overhead costs.
VIII. Technical equipment and connections
If the hotel provides technical or other equipment/facilities from third parties for and at the behest of the customer, it shall act in the name of, in authority of and for the account of the customer. The customer is liable for the careful handling and the proper return. They shall fully indemnify the hotel against all third-party claims arising from the use of these facilities/equipment.
The use of the customer's own electrical equipment while using the hotel's power supply requires the hotel's prior written agreement. Any disruptions or damage to the hotel's technical equipment arising from the use of these devices are to be borne by the customer, unless the hotel is responsible for this. The hotel may record and charge for the electricity costs arising from this use as a lump sum.
With the hotel's prior written agreement, the customer is entitled to use their own telephone, telefax and data transmission devices. The hotel can charge an appropriate connection fee for this.
If, due to the use of the customer's own equipment, suitable equipment/facilities of the hotel remain unused, an appropriate compensation fee may be charged for this.
Faults in the technical or other equipment provided by the hotel will be resolved immediately as far as possible. Payments cannot be withheld or reduced unless the hotel is responsible for these faults.
IX. Loss or damage to items brought
Exhibits or other (personal) belongings brought along in the event rooms or in the hotel are at the customer's own risk. Decorative material brought along must fully comply with fire protection requirements. The hotel is entitled to demand official proof of this in advance. If such proof is not provided in good time, the hotel is entitled to remove any material already brought in at the customer's expense. Due to possible damage, the installation and attachment of items must be agreed with the hotel in detail in advance. Exhibits or other items brought along must be removed immediately after the event has ended. If the customer fails to do this, the hotel can remove and store these at the customer’s expense. If the items remain in the event room in a way that is contrary to the contract, the hotel can charge an appropriate compensation for use for the duration of the stay. The customer is at liberty to prove that the aforementioned claim did not arise or did not arise in the amount claimed. Furthermore, the proof and assertion of a higher damage remain reserved to the hotel.
Should the customer wish to send event equipment or material to the hotel in advance, this will require the express agreement of the hotel. In accordance with type, duration, and scope, the hotel is entitled to demand appropriate compensation for expenses, which the customer must agree to in advance. Otherwise, the provisions of Clause 1 apply.
The hotel can refuse to store valuables, money and securities if the items are considerably more valuable than those usually stored by guests in the hotel.
The hotel is liable to the contracting party for items brought into the hotel according to the statutory provisions, including the maximum amounts for liability specified within it (i.e., as of 02.06.2020 to the maximum amount of € 1,100), unless the hotel proves that the damage was caused neither by the hotel nor by an employee nor by third parties entering and leaving the hotel. Under these circumstances, the hotel is liable for valuables, money and securities up to a maximum amount of € 550, unless the hotel has taken these items into safekeeping with knowledge of their condition or the hotel or one of its employees was responsible for the damage. The liability claims expire if the contracting party does immediately notify the hotel after gaining knowledge of the loss, destruction or damage. However, this does not apply if the items have been specifically accepted by the hotel for safekeeping in the central safe. The hotel is only liable for valuables, jewellery, large amounts of money and securities if they are deposited in the central safe against receipts. Otherwise, the liability and statute of limitation restrictions apply in accordance with the aforementioned II. Clause 3. If the guest is an entrepreneur, the amount of any liability of the hotel is limited to the maximum liability amount of € 5,000,000 (lump sum insurance amount for personal injury and property damage per insured event in the hotel's liability insurance).
X. Intangible rights of the hotel
XI. House rules
As of: October 2023
Dorint GmbH
Aachener Straße 1051 · 50858 Cologne · Germany
info(at)dorint.com · dorint.com
Management board: Jörg T. Böckeler, Bettina Schütt
Chairperson of the supervisory board: Dirk Iserlohe
Cologne District Court: Commercial Register (HRB) 59251
5HALLS HOMMAGE HOTELS GmbH
Aachener Straße 1051 · 50858 Cologne · Germany
info(at)hommage-hotels.com · hommage-hotels.com
Management board: Jörg T. Böckeler, Bettina Schütt
Cologne District Court: Commercial Register (HRB) 98776