General Terms and Conditions
General Terms and Conditions for Individual Guests and Events of Lohmühle Hotel- und Gaststättenbetriebs GmbH
Badstrasse 37, 95444 Bayreuth (hereinafter referred to as GmbH)
§ 1 Scope of Application
1. These terms and conditions apply to contracts for the rental of rooms and restaurants as well as conference and event rooms of the GmbH for the execution of events such as banquets, seminars, and conferences, etc., as well as for all related additional services and deliveries of the GmbH.
2. The terms and conditions of an organizer only apply if and to the extent that this has been expressly agreed in writing. In principle, the terms and conditions of the contractor (GmbH) apply upon confirmation.
§ 2 Conclusion of Contract, Partners, Liability
1. A guest accommodation contract (rental agreement) is concluded as soon as the room/space is ordered and confirmed or - if a written confirmation was not possible due to time constraints - after the order has been provided.
2. The conclusion of the contract occurs through the confirmation (acceptance of the application) of the GmbH to the guest/organizer.
3. If the guest or customer/orderer is not the organizer themselves or if an intermediary or organizer is involved by the organizer, they are jointly liable with the organizer for all obligations arising from the contract. The organizer must agree to this joint liability with the aforementioned other parties and provide written proof of this to the GmbH upon request (e.g., countersigning the confirmation and these terms and conditions).
4. The guest/organizer does not acquire any entitlement to the provision of specific rooms or venues (events). If promised rooms are not available, the GmbH is obliged to seek equivalent replacements within the premises or in other properties.
5. The liability of the GmbH is limited - to the extent permitted by law - to intent or gross negligence. The guest/organizer is obliged to inform the GmbH in a timely manner and set a reasonable deadline regarding the possibility of incurring an exceptionally high damage upon discovering a defect or damage. If they fail to provide this notice, the GmbH is only liable up to the amount of the contractually agreed total price for the premises.
6. The provision of a parking space in the hotel’s own parking lot does not establish a custody contract. The GmbH is only liable for direct damages resulting from defects in the space, with an assessment from the GmbH's insurance provider being relevant.
§ 3 Services, prices, payment
1. the GmbH shall make the booked rooms available to the guest from 2.00 p.m. on the day of arrival. Unless a later arrival time has been agreed, the hotel reserves the right to reallocate rooms booked after 6.00 pm.
2. the guest must vacate the room properly by 11.00 a.m. at the latest on the day of departure, unless a later departure has been agreed. In the event of late departure up to 6.00 p.m., half the room rate must be paid in addition, after 6.00 p.m. the full room rate must be paid. The overnight stay can be paid at our reception from 7.15 am to 10.00 pm. If the guest has to check out before 7.00 a.m., please pay the costs at reception by 9.30 p.m. the day before.
3. for other rooms, these times are agreed in writing for half or full days.
4. the rooms are only to be entered at the agreed times.
5. the agreed prices include the applicable value added tax. Any change in VAT after conclusion of the contract shall be borne by the guest or client.
6 If the period between conclusion of the contract and arrival exceeds 180 days, the GmbH reserves the right to a reasonable increase in the agreed prices in the event of proof of price changes in the usual hotel prices in the meantime. Invoices of the GmbH without a due date for services or events are payable without deduction within 10 days of performance and receipt. In the event of late payment, interest on arrears shall be payable at the statutory rate or, if higher damages are proven, at the appropriate rate.
7. invoices are to be paid in cash. For individual travellers, cash payment or payment by major credit cards is accepted on arrival or departure. Special agreements apply to vouchers. A refund of unused services from the GmbH directly to the guest is not possible. If the guest has inadvertently forgotten to pay for a service, the hotel reserves the right to invoice any outstanding amounts retrospectively or to debit the credit card immediately.
8. claims and rights arising from the agreements made with the GmbH may only be transferred to third parties with the consent of the GmbH.
9. in the event of advance payments by the GmbH in excess of € 500, an advance payment of 80% of the expected total amount must be paid before the start of the hotel service.
10. if coach groups are travelling to the hotel and an agreed number of people have registered to eat in the restaurant, the expected total amount must be paid 10 days before the start of the service. If payment on site on departure has been agreed, this is not applicable. Payment can also be made by debiting a deposited credit card.
§ 4 Cancellation of the contract
1. both contractual partners, GmbH and guest or organiser or customer, can only terminate the contract for good cause.
2. if the GmbH accepts the cancellation, 30 € shall be paid for administrative expenses, provided that no cancellation fee is charged.
3. an important reason exists in the case of
- Force majeure
- Unauthorised transfer of rooms or premises to third parties without the consent of the GmbH.
- Default in payment of agreed advance payments despite the setting of a grace period
4. any kind of advertising, sale and distribution of goods in the entire hotel area is only tolerated with the prior consent of the GmbH. If the organiser intends to advertise such activities in official media, the consent of the GmbH is also required. If the activities are published without the consent of the GmbH and this leads to a significant impairment of the interests of the GmbH, the GmbH shall have the right to cancel the event. In such a case, the organiser must pay the GmbH the rental price for the premises and an appropriate fee. In the event of a corresponding warning, the GmbH shall also have the right to cancel the event without reimbursement of costs - if there is a justified assumption that the smooth running of the business, the safety or the reputation of the GmbH or its guests could be jeopardised if the event is held.
§ 5 Cancellation of rooms or events
1. written cancellation of rooms or contractually guaranteed rooms free of charge is only possible in the event of re-letting without loss. It should be noted that special agreements with the GmbH can only be made in writing.
2. in the event of cancellation of a room without re-letting, the following cancellation costs shall be payable, whereby the deductions already take into account the expenses saved by the GmbH:
- 80% for events with bed and breakfast
- 80% of the surcharges for half-board arrangements
- for full-board agreements or additional services, 80 % of the surcharges for half-board
- When calculating a banquet cancellation, 80% of the loss of the banquet turnover offered and €10.00 per person (incl. VAT) for the loss of drinks turnover shall be charged, provided that drinks turnover was not included in the agreed price; the room provision costs shall remain unaffected.
3. the GmbH is obliged in good faith to allocate unused rooms or premises elsewhere and thereby reduce the cancellation costs accordingly, insofar as other rentals become possible.
4. taking out hotel cancellation insurance can protect the guest from unnecessary cancellation costs.
§ 6 Options
1. options are generally only maintained until the agreed option date, the GmbH reserves the right to reallocate the rooms or other premises after this time without notification. The firm reservation of an option is only accepted in writing.
§ 7 Changes to the number of participants and event times
1. a change in the estimated number of participants to be charged by a maximum of 10% after conclusion of the contract requires the consent of the GmbH. It must be communicated at least 10 days before the event. The expenses of the GmbH shall then be charged accordingly at only 80 % of the hotel expenses. In the event of higher reductions, the number less 10 % of the original order shall be taken as the basis.
2. in the event of an increase, insofar as this can be provided by the GmbH, the actual number of participants shall be charged.
(3) If the start and end times of the event are postponed without prior written agreement with the GmbH, the GmbH may charge for any additional costs incurred in providing the service, unless the GmbH itself is at fault.
4 The final number of participants as well as the equipment and seating must be communicated 10 days before the event so that proper planning can be guaranteed.
§ 8 Bringing food and beverages
1. bringing food and beverages to an event is only permitted with the written consent of the GmbH. In these cases, the legal regulations, e.g. HACCP, must be observed and the GmbH is entitled to a separate contribution to cover overheads.
2. in the absence of an agreement, a contribution per participant of € 15.00 is to be assumed without proof. This also applies if the participants cater for themselves on the premises of the GmbH, as the organiser is the contractual partner and is obliged to fulfil the contract.
3. if cakes, wine etc. are brought to an event in the restaurant, this must be discussed in advance with the service staff of the GmbH. The corkage fee is € 20.00 per bottle and the cover charge is € 2.50 per person.
§ 9 Technical facilities and connections
1. insofar as the GmbH procures technical and other equipment from third parties for the organiser at the latter's request, it shall act on behalf of and for the account of the organiser. The organiser shall be liable for proper handling and proper return. The organiser shall indemnify the GmbH against all third-party claims arising from the provision of this equipment. If travelling costs are incurred for the collection etc. of technical equipment, these shall be charged accordingly.
2. the use of the organiser's own electrical equipment using the GmbH's electricity network requires the written consent of the GmbH. Any faults or damage to the GmbH's technical equipment caused by the use of such equipment shall be borne by the guest or organiser/client, unless the GmbH is responsible for this. The GmbH may record and charge a flat rate for the electricity costs incurred through the use of this equipment, with a surcharge for the electricity peaks.
3. the use of telecommunications equipment, data transmission equipment, radio, music or video must be approved by the GmbH, the fees incurred for this such as line and usage fees as well as Gema etc. must be applied for by the organiser and the approval and usage costs incurred must be paid on site, as the hotelier can be held liable. If the organiser's own equipment is used, this does not release the organiser from the usual fees, which are charged to the GmbH. In the absence of an agreement, the rates listed in the GmbH's price list must be paid.
4. should faults occur in technical equipment or other facilities provided by the GmbH, the GmbH shall be obliged to rectify these as soon as possible. The organiser shall only be entitled to a right of retention or reduction insofar as the GmbH is responsible for the malfunctions, at most in the amount of any agreed connection or rental fee. Claims for damages are excluded.
§ 10 Liability for items brought in
1. personal exhibition items or other items brought onto the premises of the GmbH shall be at the risk of the guest or organiser.
2. safekeeping requires an express agreement between the guest and the GmbH. In this case, too, the GmbH shall only be liable in the event of intent or gross negligence and its insurance cover.
3. the organiser shall be liable for ensuring that only approved items (e.g. decoration material that complies with the fire regulations of the police) are brought in. In order to avoid damage to the installation and insertion of objects and decorative material, the attachment of fastening material to be agreed with the organiser in advance may only be attached to the facilities provided for this purpose. Any attachment of nails, steel pins, etc. to walls, ceilings and wood panelling, doors, floors and window frames is strictly prohibited.
4. the organiser shall also be liable for any damage caused by the installation of such nails.
5. lost property will only be forwarded at the request, risk and expense of the guest within a one-year retention period.
After this period, any items left behind will be disposed of without entitlement to compensation.
6. safekeeping requires an express agreement between the guest and the GmbH. In this case, too, the GmbH shall only be liable in the event of intent or gross negligence, also within the scope of the insurance cover.
7. the guest or organiser shall be liable for ensuring that only legally or officially permitted items are brought into the GmbH. In the event of justified suspicion, the GmbH is entitled to demand official proof.
§ 11 Regulations and liability of the organiser for damages
1. the organiser shall be liable for all damage to the building or inventory of the GmbH or the employees of the GmbH caused by event participants or visitors, employees or other third parties from the organiser's area or by the organiser itself.
(2) In the event that dangerous goods are found to have been brought in without authorisation or in the event of damage caused by responsibility, the GmbH may, at its discretion, require the guest, the organiser or the participant or employee of the participant to provide appropriate security, to pay a deposit in the amount of the expected damage or to provide a guarantee for this, even if the damage was caused by a third party from the area of the event.
3. the organiser/purchaser shall be liable for the payment of any additional food and drink ordered and consumed by participants or visitors, insofar as payment was not made during the event.
§ 12 Legal validity of the contract
The contract issued by the contractor (GmbH) must be signed and received by the GmbH 14 days after issue. With the return of the signed contract documents (GmbH), a contract is concluded which must be fulfilled accordingly by both parties. If a room is hired without an agreement on consumption (food and drink), the agreed room hire charge must be paid in advance in cash or by card. The room hire charge must be paid after a further 14 days, otherwise the rooms will continue to be available for use. If the period of the order is too short, the amount is to be paid before the event, otherwise there is no contractual obligation.
§ 13 Miscellaneous
Any registrations and approvals required for the event, e.g. Office for Public Order or Gema etc., must be obtained by the organiser prior to the event.
§ 14 Wake-up orders
1. the GmbH shall endeavour to carry out wake-up orders with the utmost care using technical equipment or the designated persons. However, claims for damages arising from failure to do so are excluded.
§ 15 Mail and consignments
1. messages, mail or consignments of goods intended for the attention of the organiser, participants or visitors to the events shall be handled with care. The GmbH shall be responsible for the storage, delivery and, on request, the forwarding of the same for an appropriate fee. Liability for loss, delay or damage is excluded.
§ 16 Festival period (24.07. - 29.08.)
1. reservations shall be confirmed in writing by the GmbH. The contract is then legally valid. These reservation confirmations must be confirmed by the guest in writing within a reasonable period of time.
Cancellations will only be processed in writing.
2. in order to guarantee the reservation, we ask for an advance payment of the total amount at least 2 weeks before arrival by bank transfer to our current business account.
3. if an advance transfer is not required, it is also sufficient to provide a credit card number, expiry date and reference number to guarantee the reservation. For security reasons, we request that this information is only transmitted by telephone.
4. if the room is cancelled before the date of the reservation year specified in the confirmation, this can be done free of charge. After this date, a refund can only be made if the room is re-let.
5. if the arrival does not take place on the confirmed arrival date, the entire reservation will be cancelled and the booked nights will be charged. The room will then be released for possible re-letting.
6. restaurant reservations for after the performances will be held until 60 minutes after the end of the performance, after which the tables will be passed on. Should your arrival be delayed, please let us know in good time.
§ 17 Short-term arrival without advance reservation
1. if no advance reservation has been made in writing, the GmbH or its employees may request a credit card from the renting guest for security purposes and store the data in safe custody.
2. if the guest renting at short notice does not have such a possibility, the GmbH or its employees may demand the presentation of an identity card for data recording or demand payment on arrival.
§ 18 Final provisions
1. amendments and additions to the contract must be made in writing.
2. the terms and conditions are available for inspection by anyone at the GmbH. If a verbal contract is concluded with the GmbH, the guest or organiser may ask to be given these GTC. The GTC are available for inspection on the website www.hotel-lohmuehle.de. If the GTC are requested in written form, we will be happy to provide them. If the contract is concluded by fax, by post or via other data facilities, the guest agrees to the GTC of the GmbH. This fact is noted on our correspondence.
3. place of fulfilment and payment is the registered office of the GmbH.
4. should individual provisions of these terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions. With regard to the invalid part, the same provisions shall apply. Insofar as these do not help, the parties are obliged to agree on an effective provision corresponding to the originally intended meaning and purpose of the ineffective provision.
5. the exclusive place of jurisdiction - also for disputes concerning cheques and bills of exchange - shall be the registered office of the GmbH in commercial transactions, provided that one of the contracting parties has fulfilled the requirements of §38 para. 1 ZPO.
6 German law shall apply.
Bayreuth, as at 31/01/2024