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General Terms and Conditions

I. General Terms and Conditions

1. The contract is concluded by the hotel's order confirmation with the customer (uniform designation for orderer, organizer, guest, etc.). Only these terms and conditions are part of the contract; any terms and conditions of the customer are not recognized; they apply to all services of the hotel, in particular for the provision of hotel rooms, conference, banquet rooms and other premises of the hotel (hereinafter comprehensively: service provision). If a third party has ordered for a customer, they are liable to the hotel together with the customer as joint debtors. The hotel may demand a reasonable advance payment from the customer and / or the third party. Subletting or re-letting requires the written consent of the hotel.

2. Prices are determined by the price list valid at the time of service provision. If fixed prices are stated in the order confirmation and more than 4 months lie between the conclusion of the contract and the provision of services, the hotel is entitled to make price changes.

3. The contracting party does not acquire a right to the provision of specific rooms or premises. Should agreed premises not be available, the hotel will endeavor to provide equivalent replacement in other properties. The contracting party may have to accept a reasonable waiting period for this purpose.

4. In the case of concluded hotel accommodation contracts where the customer can unilaterally withdraw from the contract (reservations), the right of withdrawal expires – even for customers who are tour operators – if the withdrawal has not been declared in writing to the hotel within the period specified in the reservation. If no period is specified, withdrawal can be declared at the latest 12 weeks before the start of service provision (received in writing by the hotel).

5. Booked rooms are available to the customer from 4:00 PM. They must be vacated by 11:00 AM on the day of departure at the latest. Cancellation conditions depend on the booked room rate and are explained transparently during booking. The customer does not acquire a right to the provision of specific rooms or premises. Should these be confirmed in the order confirmation but not available, the hotel is obliged to endeavor to provide equivalent replacement in the house or in other properties.

6. A non-binding option expressly designated as such must be exercised or returned no later than 42 calendar days before the day of arrival. Exercised options are treated as firm reservations. Without timely binding exercise of the option, the hotel is entitled to assign the reserved service elsewhere.

7. Invoices not due by calendar date are payable within ten days from the invoice date without deduction; default occurs upon receipt of the first reminder. From the onset of default, the invoice is to be charged interest at 8% above the base rate or reference rate of the European Central Bank, unless the hotel proves a higher or the customer a lower default damage. A reminder fee of € 5.00 is owed for each reminder after the onset of default.

8. The contracting party can only offset counterclaims against the hotel insofar as its claims are undisputed or have been legally established. Payment default on even a single invoice entitles the hotel to discontinue all further and future services for the customer in all establishments or to make them dependent on an advance payment of 100%. The hotel decides on this without prior notice. For a total reservation of more than 9 nights  the hotel reserves the right to demand an advance payment of 50% of the ordered services, or 100% of the ordered services if the customer has their residence or company headquarters abroad. This amount is 30 calendar days  due before arrival.

9. If a customer does not accept contractual services that he has ordered or reserved in advance, he remains liable for payment of the agreed price according to his booked rate.

10. Objects or materials left in generally accessible areas of the hotel, in the technical facilities and in the conference rooms of the hotel are not considered to have been brought in unless they have been expressly taken into custody by an authorized person. Valuables such as jewelry, fur coats and money must be deposited at the reception. For this purpose, a special safekeeping agreement must be concluded with an authorized person. Liability for valuables not deposited is excluded. In rooms, liability also extends only to those objects and materials that have been brought in by the person entitled under the accommodation contract. The hotel's liability for items and materials brought in is limited to a maximum of € 3,000,–, except in cases of intent or gross negligence. Money, securities and valuables can be stored in the hotel or room safe up to a maximum value of € 800. The hotel recommends making use of this option.

11. The consumption of food and beverages brought into the publicly accessible areas of the hotel is prohibited.

12. a) The hotel endeavors to carry out wake-up calls with the diligence of a prudent businessman.

b) Messages, mail and goods shipments addressed to the customer must be communicated to the hotel in advance. The hotel will only then undertake the storage, delivery and – upon request for a fee – the forwarding of the same.

c) Left-behind items of the customer will only be forwarded upon the customer's request, risk and expense. The hotel will store the items for three months and charge a reasonable fee for this. Thereafter, if there is a recognizable value, the items will be handed over to the local lost and found office.

d) Any liability of the hotel under a)-c) is excluded.

13. The hotel is liable for the diligence of a prudent businessman. Should disruptions or defects occur in the hotel's lines, the hotel will endeavor to remedy them upon immediate complaint by the customer. Irrespective of section 11 and §§ 701 et seq. BGB, the hotel is only liable in cases of intent or gross negligence on the part of the legal representatives of the hotel company or the hotel's senior employees. Safekeeping requires express agreement. Offsetting, reduction or retention are only permissible for the customer in the case of undisputed or legally established counterclaims. Any liability of the hotel is – apart from §§ 701 et seq. BGB – limited in amount to the agreed rental price. The limitation period for all customer claims is 6 months, calculated from the termination of the contract. This limitation of liability and short limitation period also apply in favor of the hotel in the event of breaches of obligations during contract initiation, positive breach of contract and tortious acts.

14. If a contractual partner endangers the business operations or the safety of the hotel or its guests, the hotel may withdraw from the contract. This also applies in cases of force majeure and other unforeseeable, extraordinary and blameless circumstances, if the hotel's performance thereby becomes impossible, unreasonable or of no interest to the contractual partner.

15. If the organizer of events is a political, religious or ideological group, the validity of the contract additionally requires the approval of the hotel management. If the organizer conceals from the hotel that he represents a political, religious or ideological group, the contract is provisionally invalid. If the management's approval is not granted even retrospectively, the contract is invalid and the hotel is entitled to refuse performance. In this case, the organizer is obliged to compensate for all expenses incurred by the hotel in reliance on the validity of the contract.

16. a) The customer is liable to the hotel for damages or losses occurring during the contract period, unless the damage falls within the hotel's area of responsibility or was caused by a third party and the third party actually provides compensation, which must be proven by the customer in each case.

b) The hotel may demand reasonable securities (e.g., advance payments, insurance, deposits) from the organizer.

The contractual liability of the hotel for defects existing at the time of conclusion of the contract, which have not occurred as a result of a circumstance for which the hotel is responsible, is excluded.

17. If it has been contractually agreed that the customer can withdraw from the contract within a certain period, the hotel is in turn entitled to withdraw from the contract during this period if inquiries from other customers for the contractually booked rooms are available and the customer does not waive his right to withdraw upon inquiry from the hotel.

18. If an agreed advance payment or security deposit is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.

19. Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for a factually justified reason, for example if

- force majeure or other circumstances for which the hotel is not responsible make the fulfillment of the contract impossible;

- rooms are booked culpably under misleading or false information about essential contractual facts, e.g., about the person of the customer or the purpose of the stay;

- the hotel has reasonable cause to believe that the use of the hotel service may jeopardize the smooth business operation, the safety or the reputation of the hotel in public, without this being attributable to the hotel's sphere of control or organization;

- the purpose or occasion of the stay is unlawful;

In the event of a justified withdrawal by the hotel, the customer has no claim for damages.

20. The contractual partner is obliged to report any defects immediately, at the latest upon departure from the hotel. Claims of the contractual partner must be asserted against Hotel Halm within one month after the contractually stipulated end of the service provision. After the expiry of the period, the contractual partner can only assert claims if he was prevented from observing the period without fault. Claims of the contractual partner expire in six months. The limitation period begins on the calendar day on which the service provision was to be terminated according to the contract. If the contractual partner has asserted claims with the hotel, the limitation period is suspended until the calendar day on which the hotel rejects the claims in writing.

21. For booked services or rooms rented through a hotel accommodation contract, the agreed fee must be paid even if the booking is later canceled by the customer or the customer does not appear (§ 552 BGB). The amount of the fee depends on the booked rate.

22. For other services, i.e., booked services other than the hotel services mentioned in sentence 2, in particular rent (room, equipment rental, provision costs, etc.), agreed sales of food and beverages at an event, etc., the time of cancellation determines the amount of the hotel's claim to reasonable remuneration. This results from the hotel's order confirmation and the appendix (Section II 2.) of these terms and conditions; saved expenses for other services are thereby settled. The customer reserves the right to prove greater damage.

23. Place of performance and payment for both parties is Constance. German law applies. The place of jurisdiction – also for cheque and bill of exchange disputes – in commercial transactions is the location of the hotel.

24. Deviating agreements or collateral agreements require written form to be effective. Should individual provisions of the contract – including these terms and conditions – be ineffective, this shall not affect the validity of the remaining provisions. The parties shall immediately replace the ineffective provisions with effective ones that come as close as possible to the meaning of the ineffective provisions.

II. Additional Terms and Conditions for Events (Seminars, Conferences and Banquets)

1. Reservations for events only become binding for the hotel when the organizer signs the order confirmation sent to them by the hotel and this is received by the hotel within the set deadline.

2. Should the number of participants be reduced by more than 10% from the originally reserved number, the hotel will charge 90% of the originally reserved number of participants for all booked services. This regulation applies as soon as the signed order confirmation has been received by the hotel. Furthermore, the hotel reserves the right to unilaterally terminate the contract. In the event that the number of participants is exceeded, the organizer must separately compensate the hotel for the additional expenses incurred. A larger room corresponding to the changed number of people is only possible by arrangement with the hotel, but there is no entitlement. The following regulation applies to cancellations of events:

Cancellation Calendar Day
before event

Hotel's claim

over 12 weeks

Rental calculation (according to order confirmation) is waived,

provided the hotel can rent it out otherwise

12 – 4 weeks

Calculation of rent plus 33% of the expected turnover. For conference packages, 60% of the agreed package x number of participants

4 weeks – 8 days

Calculation of rent plus 66% of the expected turnover. Furthermore, as with the previous deadline.

8 to 3 days

Calculation of rent plus 80% of the expected turnover. For conference packages, 85% of the agreed package x number of participants

Excerpt from the General Terms and Conditions of the member companies of the German Hotel Association (IHA) e.V.

3. The organizer may, as a matter of principle, not bring food and beverages to events if these are not part of the event and serve demonstration purposes. In special cases (national specialties, kosher food, etc.), a different agreement can be made in writing. In these cases, a service fee or corkage fee, to be determined in the agreement, will be charged.

4. The attachment of decorative material or similar, as well as the use of areas in the hotel outside the rented rooms, e.g., for exhibition purposes, require the written consent of the hotel and may be subject to the payment of additional remuneration. These and other items brought in by customers must comply with local fire safety and other regulations. If they are not collected immediately, but at the latest within 12 hours after the end of the event, they will be stored in the hotel, for which a reasonable fee, at least equal to the rental costs for the used room, will be owed by the customer. Trash left by the customer can be disposed of by the hotel at the customer's expense.

5. The organizer is liable for damage to the furnishings or inventory caused during set-up or dismantling, as well as during the event by event participants or visitors, employees, other third parties from their area, or themselves, and for which the hotel is not responsible. The organizer is recommended to take out insurance for damages for which the hotel is not responsible.

6. The customer must obtain any official permits required for an event in good time and at their own expense. They are responsible for complying with public law requirements and other regulations. Any fees payable to third parties for the event, in particular GEMA fees, entertainment tax, reductions in closing times, etc., must be paid directly to the creditor.

7. Insofar as the hotel procures technical or other facilities from third parties for the customer, it acts on behalf and for the account of the customer; the customer is liable for the careful handling and proper return of the facilities and indemnifies the hotel from all claims of third parties arising from the provision.

8. Reservations are generally only binding for the hotel after a down payment of at least 50% of the agreed invoice amount, payable 14 calendar days in advance, by the organizer. For invoice amounts up to € 250, the entire invoice amount is due in full upon reservation. Any deviation from this regulation requires the written consent of Hotel Halm. For cancellations, Section I.8. of these GTC applies accordingly. The down payment will be offset by Hotel Halm against the cancellation fees in the event of a cancellation.

9. The customer undertakes to inform the hotel immediately and unsolicited, but no later than upon conclusion of the contract, that the provision of services and/or the event, whether due to its political, religious or other character, is likely to arouse public interest or impair the interests of the hotel. Newspaper advertisements, other advertising measures and publications that refer to the hotel and/or that contain, for example, invitations to job interviews or sales events, generally require the written consent of the hotel. If the customer violates this duty to inform or if a publication is made without such consent, the hotel has the right to cancel the event. In this case, Section 4 of the general conditions (payment of rent and reasonable remuneration) and the appendix to these conditions apply accordingly.

10. The publication of the name of the hotel in which the event takes place is only permitted if a representative of the hotel gives written consent. Excluded from this is the publication of the hotel name for the purpose of indicating the event location and any directions, provided that it is not a publication in media accessible to an unlimited number of people and provided that the hotel name is not particularly highlighted compared to the rest of the text.

11. For events that extend beyond the contractually agreed period, or otherwise beyond 11 p.m., the hotel may charge additional expenses, particularly for follow-up events and personnel.

  

III. Additional terms and conditions for groups – unless otherwise contractually agreed, the following provisions apply:

1.1 Groups within the meaning of these GTC are travel groups with a minimum number of 10 booked persons, with joint arrival and departure. Only one total invoice will be issued and handed over to the tour guide. For a group of fewer than 10 people, the prices for individual travelers apply. There is no entitlement to group prices; group prices may be granted based on individual agreement depending on availability and demand.

2.1 Reservations must be confirmed in writing:

Series groups are confirmed with the signing of the contract.

Ad hoc groups are confirmed 42 calendar days before the arrival of the respective group.

The final name list of the members of the respective group must be communicated to the hotel 10 calendar days before arrival.

3.1 The hotel sends the organizer a reservation confirmation with the essential components of the recorded reservation and information on check-in and payment conditions.

4.1 Number and Cancellations

a) Series groups

The advance payment amounts to the cost of an average stay. This amount is due after the booking is confirmed and will be offset against the last stay in the series.

b) Ad hoc groups

Reservations are only binding for the hotel after a 50% down payment once the booking has been confirmed, or if the organizer has their residence or company headquarters abroad, after a 100% down payment and once the booking has been confirmed. This down payment will be retained by the hotel in the event of a cancellation if the cancellation occurs within 42 calendar days before the group's arrival.

For cancellations for groups, Section I.8. of these GTC applies accordingly.

5.1 Invoicing for Ad hoc Groups

Invoices are payable in Euros four calendar days before the group's arrival by bank transfer or upon the group's arrival, unless another agreement has been made.

6.1 All costs existing in addition to the usual contractual services, such as telephone, bar, etc., unless otherwise regulated in the contract, are to be paid by each participant upon departure. In the event of non-payment by individual participants, the organizer is liable.