General Terms and Conditions of RD-Gastro e.Kfm.
Schafbachstr. 14, 56626 Andernach
As of July 18, 2019
1. These terms and conditions apply to the provision of hotel rooms (Hotel accommodation contract), related services rendered for the customer and deliveries as well as for the temporary provision of meeting, conference, banquet and (Other) event space (event contract) of the RD Gastro for implementation of events of all kinds, such as meetings, conferences, seminars, family and
other celebrations and other events, all related to the customer rendered further deliveries and services, in particular the gastronomic Supply from the RD Gastro
2. Deviating provisions, especially general terms and conditions of the Customers do not apply unless they are expressly authorized by RD Gastro recognized in writing.
II. CONCLUSION OF CONTRACT
1. The hotel accommodation contract and the event contract come through written order confirmation from RD Gastro after the customer's booking request. The hotel accommodation contract is also concluded by verbal confirmation if the Booking request made for the same day. With the booking request are the reason and the To abandon the purpose of the event.
2. Contractual partners are RD Gastro and the customer. Has a third party made the booking for the
If the customer is granted, the third party is liable to RD Gastro as the customer together with the
Customers as joint debtors for all obligations from the contract provided the RD Gastro there is a corresponding declaration from the third party. Every customer is independent of this committed to all booking relevant information, especially this general Terms and conditions to forward to the customer.
3. RD Gastro can make a reasonable advance payment from the customer and / or from the third party and / or security (e.g. insurance, deposits, guarantees), also for Require protection against possible damage.
4. The subletting and subletting of the rooms, areas and other rooms provided and / or their use for purposes other than those stated in the order confirmation, require the prior written consent of RD Gastro.
III. SERVICES, PRICES, PAYMENT
1. RD Gastro is obliged to provide the services ordered and promised by the customer. In accordance with these general terms and conditions to be available and to provide.
2. The customer is obliged to pay for the promised and those used by him Services to pay applicable or agreed prices to RD Gastro. This also applies to the To customers or the services and expenses incurred by the customer towards RD Gastro Third. In addition, the customer and the purchaser are liable for the payment of all of the event participants of ordered services, in particular food and beverages as well as other costs incurred by the event participants.
3. The agreed prices include the respective statutory value added tax.
The period between the conclusion of the contract and the fulfillment of the contract exceeds six months and increases the price generally calculated by RD Gastro for such services, this can reasonably be the contractually agreed price, but at most by max. 5 %, raise.
4. The prices can be changed by the RD Gastro even if
a) in the case of the hotel accommodation contract, the customer subsequently changes the number of booked room, the performance of the RD Gastro or the length of stay of the customer
and the Hotel agrees thereto;
b) in the case of the event contract, the customer subsequently changes in size and / or number of booked areas and rooms, the number of Event participants, the performance of RD Gastro and / or the duration of the event of the customer and RD Gastro agrees. Is not an event duration
agreed, the RD Gastro can organize events that go beyond 11 p.m. calculate additional expenses, especially for personnel.
5. RD Gastro's invoices are payable without deduction immediately upon receipt. In case of late payment RD Gastro is entitled to over 5% interest on arrears towards consumers to calculate the base rate. The default interest rate in business transactions is over 8% the base rate. The RD Gastro remains entitled to claim higher damages Reserved. RD Gastro may charge a reminder fee for each reminder after the default occurs of € 5.
6. The RD Gastro is entitled to the RD Gastro during the customer's event accrued claims at any time by issuing an interim invoice and request immediate payment.
7. The customer can only with an undisputed or legally established claim offset or reduce against a claim by RD Gastro.
IV. WITHDRAWAL OF THE CUSTOMER / FAILURE TO USE THE SERVICES OF RD GASTRO
The customer can only withdraw from the contract concluded with RD Gastro if if a right of withdrawal has been expressly agreed in the contract, a statutory
1. Right of withdrawal exists or if the RD Gastro expressly terminates the contract agree. The agreement of a right of withdrawal and the possible consent to one. The contract should be canceled in text form.
2. If an appointment has been made to exercise the right of withdrawal free of charge, the customer can until then withdraw from the contract without payment or To trigger claims for damages from RD Gastro. The customer's right of withdrawal expires if he does not send it to RD Gastro in text form by the agreed date exercises.
3. If a right of withdrawal has not been agreed or has already expired, there is none statutory right of withdrawal and the RD Gastro does not agree to a contract cancellation, RD Gastro retains the right to the agreed remuneration despite Failure to use the service. The RD Gastro has the income from other The rental of the rooms and the saved expenses are to be taken into account. Will the If the room is not rented to other parties, RD Gastro can use the contractually agreed Request remuneration and flat-rate deduction for saved expenses. The customer is in this case, at least 90% of the contractual price for overnight stays or without breakfast as well as for package deals with external services, 70% for Half board and 60% for full board arrangements. He is free to prove that the aforementioned claim has not arisen or has not arisen in the required amount.
In the restaurants for group reservations up to 7 people, in the PURS restaurant up to 5 people, in the event of a cancellation up to 48 hours in advance, no costs will be incurred, for cancellations up to 24 hours in advance, 50% of the selected menu price will be charged and if canceled 24 hours in advance 90% of the selected menu price will be charged.
For group reservations of 8 people or more, in the PURS restaurant for 6 people or more, there will be no costs in the event of cancellation up to 8 days in advance. Between the 7th day and the 4th day in advance, 70% of the selected menu price will be charged and at Cancellation from 3 days in advance will be charged 90% of the selected menu price.
The following also applies to event contracts and exclusive restaurant bookings:
1. If the right to withdraw free of charge has not been agreed or has already expired, there is also no legal right to withdraw free of charge and the RD Gastro agrees not to cancel the contract free of charge, they are contractually express reported space and space costs from the contract and at third parties Services to be paid even if the contractual services are not used be taken. The space and space costs were not expressly in the contract The RD Gastro can show you, but include it proportionately in the conference package a withdrawal the portion x of the area / room costs agreed Bill the number of participants. Income from any other rental of the RD Gastro has to take into account areas / rooms.
2. If the customer occurs between the 12th and 8th week before the event date back, the RD Gastro is entitled to an additional 25% between the 8th and 4th week before the Event date 50% and with each later cancellation 75% of the lost To invoice consumption turnover.
3. The consumption turnover is calculated according to the formula: menu price of the Event plus drinks x number of participants. Was not a price for consumption yet agreed, the cheapest three-course menu of the currently valid Event offer based on. Drinks come with a third of the Menu price calculated.
4. If a conference flat rate has been agreed for each participant, RD Gastro is entitled to:
a cancellation between the 12th and the 8th week before the event date 25%, 50% between the 8th and 4th week before the event, and between the 4th week and the 4th day before the event date 75% and with every later cancellation 100% to invoice the conference flat rate x agreed number of participants.
5. The deduction of saved expenses is taken into account by numbers 2 to 4. The customer is free to prove that the above claim is not or not in the required Height has arisen. The RD Gastro is free to prove higher damage.
V. WITHDRAWAL OF THE RD GASTRO
1. If the customer has been granted a free right of withdrawal in accordance with Section IV Paragraph 3, RD Gastro is also entitled to within the agreed period of the contract withdraw if other customers' requests for the booked rooms, areas / Rooms are available and the customer on request from RD Gastro the booking in a reasonable manner Deadline not finally confirmed.
2. If an advance payment or security deposit agreed in accordance with Section II. Paragraph 3 is not RD Gastro is also within a reasonable period set for this entitled to withdraw from the contract.
3. Furthermore, RD Gastro is entitled to withdraw from the contract for an important reason, especially if - Force majeure or other circumstances for which RD Gastro is not responsible fulfilment make the contract impossible; - rooms, areas / rooms with misleading or false information about essential facts, e.g. regarding the person of the customer or the purpose; - the RD Gastro has reasonable grounds to believe that the use of the Hotel performance the smooth running of the business, the security or the reputation of the RD Gastro can endanger in public, without this the rule or Organizational area of RD Gastro;
- there is unauthorized subletting or subletting in accordance with Section II Paragraph 4;
- there is a case under Section VI Paragraph 3;
- the obligations set out in section VII paragraph 3 are not or not properly fulfilled, or the fulfillment of the RD Gastro has not been demonstrated or has not been properly demonstrated;
- RD Gastro learns of circumstances that the financial situation of the Customers have deteriorated significantly after the conclusion of the contract, especially if the Customer claims due by RD Gastro are not balanced or insufficient Offers security and therefore endangers payment claims of RD Gastro appear;
- the customer has filed an application for the opening of insolvency proceedings, an affidavit under § 807 of the Code of Civil Procedure extrajudicial debt settlement proceedings initiated or its Has stopped payments;
- Insolvency proceedings against the customer's assets opened or the opening the same is rejected for lack of mass or for other reasons.
4. RD Gastro immediately notifies the customer of the right of withdrawal to be informed in writing.
5. In the aforementioned cases of withdrawal, the customer is not entitled to Damages.
VI. ARRIVAL AND DEPARTURE
1. The customer is not entitled to the provision of certain rooms, areas / Rooms, unless the RD Gastro has the provision of certain rooms, areas confirmed in writing.
2. Booked hotel rooms are available to the customer from 4:00 p.m. on the agreed arrival date to disposal. The customer has no right to earlier availability.
3. Booked hotel rooms are to be agreed by the customer no later than 6:00 p.m. To take the day of arrival. Unless expressly a later arrival time RD Gastro has the right to reserve hotel rooms after 6 p.m. to be otherwise awarded without the customer being able to derive compensation claims from this. Of the In this respect, RD Gastro has the right to withdraw.
4. On the agreed departure date, the hotel rooms of the RD Gastro are no later than 11:00 a.m. to be vacated. After that, the RD Gastro can help you damage incurred for the additional use of the room until 6 p.m. Charge the day room price, from 6:00 p.m. 100% of the full valid room price. The customer is free to prove to the RD Gastro that this is none or essential lower damage has occurred.
VII. OBLIGATIONS / LIABILITY OF THE CUSTOMER
1. There are exhibits or other personal items brought along Risk of the contractual partner in the event areas or in the RD Gastro. The RD Gastro assumes no liability for loss, destruction or damage, except for gross Negligence or intent on the part of RD Gastro. Legal liability according to § 701 ff BGB remains unaffected by this.
2. The attachment of decorative material or the like as well as the use of areas in the hotel outside of the rented rooms, areas, e.g. for exhibition purposes, require the written consent of RD Gastro and can be paid by one additional remuneration. These and others from the customer Objects brought in must go to the local fire and other Comply with regulations. If they are not picked up immediately, but at the latest within 12 hours after the end of the event, they are stored in the hotel, for which the customer owes an appropriate remuneration, at least in the amount of the rental costs for the space used. Garbage left behind by the customer can be at the customer's expense from the RD Gastro can be disposed of.
3. The customer has the necessary official permits for an event in good time to procure at own expense. It is responsible for complying with public law requirements and other regulations. Fees payable to third parties for the event, in particular GEMA fees, amusement tax etc., he has directly to the creditor to be paid.
4. The customer is generally not allowed to bring food and drinks to events. In special cases (e.g. national specialties) a written agreement can be made met, at least a service fee or corkage will be charged.
5. The customer agrees to the hotel immediately without being asked, but at the latest at Conclusion of contract to inform that the service provision and / or the Event, be it due to its political, religious or other character, is likely to generate public interest or affect the interests of the hotel. Newspaper advertisements, other advertising measures and publications that are related to Hotel and / or who, for example, invitations to interviews or Containing sales events generally require the written consent of Hotels. If the customer violates this obligation to provide information or is published without such consent, the hotel has the right to cancel the event. In this case the provisions of section IV of the general conditions apply (withdrawal by the customer, Cancellation) accordingly.
6. The customer and the purchaser are liable for all damage to buildings or inventory caused by Event participants, event visitors, employees or other third parties his area or himself or his legal representatives.
VIII. RD GASTRO'S LIABILITY, LIMITATION
1. Should any malfunctions or defects occur in the services of RD Gastro, RD On the customer's immediate complaint, Gastro endeavors to remedy the situation. Refrains from Customer culpably to report a defect of RD Gastro, so a claim arises No reduction in the contractually agreed remuneration.
2. RD Gastro is liable according to the legal regulations for all damages from the Injury to life, body and health.
3. RD Gastro is only liable for other damage caused by slight negligence if this on the violation of an essential contractual obligation or a cardinal obligation in one can be traced back to the end of the contract. In these cases there is liability limited to the foreseeable damage typical for the contract.
4. In the case of other damage, RD Gastro is also liable for any damage in detail and all damage cases from and in connection with the contractual Services for an amount of max. € 5,000,000 for property damage and up to max. € 100,000 limited to financial loss. The limitation and exclusions of liability do not apply if the other damage on an intentional or grossly negligent breach of duty by RD Gastro based on its legal representative or managerial staff.
5. The above limitations of liability apply to all claims for damages, regardless of their legal basis, including claims from unauthorized Action. The above limitations of liability also apply in cases of any Claims for damages by a customer against employees or vicarious agents of RD Gastro. They do not apply in cases of liability for a defect after taking over a Guarantee for the quality of a thing or a work, for maliciously concealed purposes Errors or personal injury.
6. RD Gastro is liable to the customer for items brought in according to the statutory provisions Provisions, d. H. up to a hundred times the accommodation price, up to a maximum for € 3,500. For valuables (cash, jewelry, etc.) this liability is limited to € 800, -. Money and valuables that are kept in the hotel safe are up to one Maximum value of € 10,000 insured. The RD Gastro recommends this option To make use of. The liability claims expire if the customer does not immediately after knowledge of the loss, destruction or damage of the RD Gastro display refunded.
7. Insofar as the customer has a parking space in the hotel garage or in a hotel car park, there is no custody contract even for a fee conditions. RD Gastro is not obliged to monitor. In the event of loss or Damage to motor vehicles parked or maneuvered on the hotel property and RD Gastro is not liable for their content insofar as RD Gastro, its legal representatives or his vicarious agents are not responsible for intent or gross negligence. In this case, the damage must be countered at the latest when leaving the hotel property the RD Gastro.
8. RD Gastro carries out wake-up calls with the greatest of care. Claims for damages, except for gross negligence or intent, are locked out.
9. Messages, mail and consignments for customers and / or participants of the Events are handled with care. RD Gastro takes care of delivery, Storage and - upon request - forwarding for a fee. Claims for damages, except for gross negligence or intent, are locked out.
10. Items left behind by the customer are on request, risk and costs forwarded. RD Gastro is entitled after a storage period of three months at the latest charging a reasonable fee, the aforementioned items to the local Hand over lost property.
11. Claims for damages by the customer expire after two years at the latest Time at which the customer becomes aware of the damage or regardless of this knowledge at the latest after three years from the time of the harmful event. This does not apply to liability for damage resulting from injury to life, body or body Health as well as for other damages that are based on an intentional and grossly negligent Breach of duty by RD Gastro, a legal representative or vicarious agent of RD Gastro based.
X. FINAL PROVISIONS
1. Changes or additions to the contract, the acceptance of applications or these Terms and conditions for hotel accommodation should be in writing. Unilateral Changes or additions by the customer are ineffective.
2. The place of fulfillment and payment is the seat of RD Gastro.
3. Exclusive place of jurisdiction - also for check and exchange disputes in commercial traffic is the seat of RD Gastro. Unless a contractual partner general place of jurisdiction in Germany, the place of jurisdiction is the seat of RD Gastro. However, RD Gastro is entitled to bring suits and other judicial proceedings pending at the general place of jurisdiction of the customer.
4. The law of the Federal Republic of Germany applies.
5. Should individual provisions of these general terms and conditions for hotel accommodation be or become invalid or void, this will result in the Effectiveness of the remaining provisions is not affected. Otherwise, the legal ones apply Regulations.