General Terms and Conditions of RD-Gastro e.Kfm.
Bahnhofstraße 28, 56626 Andernach
I. SCOPE OF APPLICATION
1. These General Terms and Conditions (the "GTC") apply to contracts for the rental of hotel rooms for accommodation (the "Hotel Accommodation Agreement"), for the temporary use of conference, banquet and event rooms for the implementation of events such as conferences, banquets, Seminars, meetings and other events (the “Event Contract”) as well as all other services provided for the customer in this context, in particular the catering (the “Hospitality Contract”) and the catering (the “Catering Contract”), hereinafter together with the hotel accommodation contract and the event contract referred to as the "contracts") of RD-Gastro e. Kfm. Based in Bahnhofstrasse 28, in D-56626 Andernach (the "RD Gastro").
2. Deviating provisions, even if they are contained in the customer's terms and conditions, do not apply unless they are expressly recognized by RD Gastro in writing.
II. CONCLUSION OF CONTRACT, PARTNERS
1. The contracts come into existence in text form through an order confirmation from RD Gastro following a booking request from the customer. The contracts are also concluded through verbal confirmation, provided that the booking request is made for the same day. The reason and purpose of the event must be given with the booking request.
2. The parties to the contracts are RD Gastro and the guest / orderer / organizer (the "customer"). If the customer concludes the contract on behalf of a third party, it is not he, but the third party that becomes the contractual partner of RD Gastro; the customer must inform RD Gastro of this in good time prior to the conclusion of the contract and inform RD Gastro of the name and address of the actual contractual partner. If the customer concludes the contract in the name of the third party, or if the third party has commissioned a commercial agent or organizer to process the contract, the customer, agent or organizer are jointly and severally liable with the third party who becomes the contractual partner for all obligations arising from the contract, insofar as RD Gastro has received corresponding declarations from the customer, agent or organizer. Irrespective of this, the customer is obliged to forward all information relevant to the booking, in particular these terms and conditions, to the third party.
3. The subletting or re-letting of the leased rooms or areas is prohibited.
III. SERVICES, PRICES, PAYMENT, SET-OFF
1. RD Gastro is obliged to hold and provide the ordered and promised services in accordance with these terms and conditions.
2. The customer is obliged to pay the applicable or agreed prices of RD Gastro for these promised services. This also applies to services and expenses of RD Gastro towards third parties in connection with the event and initiated by the customer. In addition, the customer is liable for the payment of all food and drinks ordered by the event participants as well as other costs caused by the event participants.
3. The agreed prices include the applicable statutory sales tax.
4. Invoices from RD Gastro are due for payment immediately upon receipt without any deductions. RD Gastro can demand immediate payment of due claims from the customer at any time. The customer is in default at the latest if he does not make payment within 30 days of the due date and receipt of an invoice. For each reminder after the occurrence of default, RD Gastro can charge a reminder fee of € 5.
5. RD Gastro is entitled to request a reasonable advance payment or security deposit from the contractual partner in the form of a credit card guarantee, a deposit or the like when the contract is concluded. The amount of the advance payment and the payment dates can be agreed in the contract.
6. In justified cases, e.g. payment arrears by the customer or expansion of the scope of the contract, RD Gastro is entitled to demand an advance payment or security deposit or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration even after the conclusion of the contract until the start of the event .
7. The customer can only with an undisputed or legally established claim
Set off against a claim by RD Gastro.
IV. WITHDRAWAL BY THE CUSTOMER / CANCELLATION
1. RD Gastro grants the customer the right to withdraw at any time. The following cancellation conditions apply for this:
a) For the Hotel am Ochsentor:
aa) Reservations of up to 4 rooms can be canceled free of charge in writing up to 6:00 p.m. one day prior to arrival. In the event of a later cancellation or early departure, RD Gastro reserves the right to charge 90% of the arrangement / room price.
bb) For the cancellation of reservations of 5 rooms or more, 90 to 60 days prior to arrival shall apply a compensation lump sum of 30% of the price, for 59 to 30 days before arrival in the amount of 50% of the arrangement / room price, for 29 to 8 days before arrival in the amount of 70% of the price and for 7 days to one day before arrival , 6:00 p.m. in the amount of 90% of the price.
b) For the Hotel PURS:
aa) Reservations up to 2 rooms can be canceled free of charge in writing up to 6:00 p.m. one day before arrival. In the event of a later cancellation or early departure, RD Gastro reserves the right to charge 90% of the arrangement / room price.
bb) For the cancellation of reservations of 3 rooms or more, a compensation fee of 30% of the price applies for 90 to 60 days prior to arrival, 50% of the price for 59 to 30 days prior to arrival and 50% of the price for 29 to 8 days prior to arrival in the amount of 70% of the price and for 7 days up to one day before arrival, 6 p.m. in the amount of 90% of the arrangement / room price.
c) For the restaurants:
aa) There are no costs for the cancellation of reservations for up to 5 people up to 48 hours in advance, 50% of the selected menu price will be charged up to 24 hours in advance and 90% of the selected menu price within 24 hours in advance.
bb) There are no costs for the cancellation of reservations from 6 people up to 8 days in advance, 70% of the selected menu price is charged for 7 to 4 days in advance and 90% of the selected menu price from 3 days in advance.
d) For events:
aa) For the cancellation of reservations, a flat rate compensation of 25% of the event price applies for 12 to 8 weeks before the event date, and 50% for 8 to 4 weeks before the event date. For any later cancellation up to and including 8 days before the date of the event, a compensation fee of 75% applies. For cancellations 7 to 4 days before the date of the event, a compensation fee of 80% of the event price and for each later cancellation of 90% of the event price.
bb) If a conference flat rate has been agreed for each participant, a compensation flat rate of 25% of the conference flat rate applies for 12 to 8 weeks before the event date and 50% for 8 to 4 weeks before the event date. For any later cancellation up to and including 8 days before the date of the event, a compensation fee of 75% applies. For cancellations 7 to 4 days before the date of the event, a compensation flat rate of 80% of the conference flat rate and for any later cancellation of 90% of the conference flat rate.
2. The compensation to be paid is only due if RD Gastro is unable to re-rent the rooms / areas / rooms, or the restaurant services are not used again or purchases for the reservation have been made in vain. Saved expenses will be deducted.
3. The above regulations on cancellation apply accordingly if the customer does not notify RD Gastro of the services booked without notifying RD Gastro in good time
4. Decisive for the timeliness of the cancellation is its receipt by RD Gastro. The customer has to declare the withdrawal in writing.
V. WITHDRAWAL OF THE RD GASTRO
1. If the customer has been granted a right of withdrawal free of charge, RD Gastro is also entitled to withdraw from the contract within the agreed period, provided that there are inquiries from other customers about the booked rooms / areas / rooms and the customer on request of RD Gastro to be free of charge Right of withdrawal not waived.
2. If an agreed advance payment or security deposit is not made within a reasonable period set for this, RD Gastro is also entitled to withdraw from the contract.
3. Furthermore, RD Gastro is entitled to withdraw from the contract for an important reason, especially if
a) rooms / spaces / rooms are booked with misleading or false information about essential facts, e.g. regarding the person of the customer or the purpose;
b) RD Gastro has justified cause to believe that the use of the service can endanger the smooth business operations, security or reputation of RD Gastro in public, without this being attributable to the sphere of control or organization of RD Gastro;
c) there is an unauthorized subletting or re-letting;
d) RD Gastro becomes aware of circumstances that the customer's financial situation has deteriorated significantly after the conclusion of the contract, in particular if the customer does not settle claims due by RD Gastro or does not provide sufficient security and therefore RD Gastro's payment claims appear to be endangered;
e) the customer files an application for the opening of insolvency proceedings over his assets, an affidavit
submitted in accordance with Section 807 of the Code of Civil Procedure, initiated an out-of-court debt settlement procedure or ceased payments;
f) or the opening of insolvency proceedings over the customer's assets
the same is rejected for lack of mass or for other reasons.
4. In the aforementioned cases of withdrawal, which are not conclusive, the customer has no right to compensation.
VI. ROOM AVAILABILITY, DELIVERY AND RETURN
1. The customer does not acquire the right to the provision of certain rooms / areas / rooms, unless RD Gastro has confirmed the provision of certain rooms / areas / rooms in text form.
2. Booked hotel rooms are available to the customer from 3:00 p.m. on the agreed arrival date
to disposal. The customer has no right to earlier availability.
3. Booked hotel rooms are to be made by the customer by 10:00 p.m. of the agreed date at the latest
On the day of arrival. Unless expressly a later arrival time
has been agreed, RD Gastro has the right to book hotel rooms after 10:00 p.m.
to outsource without the customer being able to derive any claims for compensation. the
RD Gastro has the right to withdraw from the contract.
4. On the agreed day of departure, the hotel rooms of RD Gastro are no later than 12:00 noon
cleared to make available. Thereafter, RD Gastro can charge 50% of the daily room price for the additional use of the room up to 6 p.m. in addition to the damage it incurs, and 100% of the full applicable price from 6 p.m.
VII. CHANGES IN THE NUMBER OF PARTICIPANTS AND THE EVENT TIME
1. The customer is obliged to inform RD Gastro of the expected number of participants when ordering. The final number of participants must be communicated to RD Gastro in writing no later than five working days before the date of the event in order to ensure careful preparation. Any change in the number of participants requires the approval of RD Gastro.
2. When calculating the services provided by RD Gastro based on the number of registered people (such as hotel rooms, food and drinks), the actual number of people will be calculated if the registered and contractually agreed number of participants increases. In the event of a reduction of up to 10% of the contractually agreed number of participants, no later than five working days before the booking date and after approval by RD Gastro, this is free of charge. For any subsequent reduction in the contractually agreed number of participants, 90% of the proportionate services will be charged.
3. If the number of participants is reduced by more than 10%, RD Gastro is entitled to increase the agreed prices appropriately and to swap the confirmed rooms, unless this cannot be expected of the customer. The prices can also be changed by RD Gastro if the customer subsequently changes the number
the participant wishes the performance of RD Gastro or the duration of the event and RD Gastro agrees to this. If a definable part of a booked event is not used, RD Gastro can demand appropriate compensation for the part not called up.
4. If the agreed start or end times of the event change without the prior consent of RD Gastro in text form, RD Gastro can charge additional costs for the provision of staff and equipment.
5. In the case of events that go beyond 23:00, RD Gastro can, unless otherwise agreed, invoice the personnel expenses from this point in time on the basis of individual evidence.
VIII. USE OF WLAN
1. RD Gastro provides the customer with free internet access. If the customer wants to use a higher bandwidth than that provided by RD Gastro free of charge, this is an additional service of RD Gastro that is subject to a fee. RD Gastro is only an access agent; there is no legal claim to uninterrupted use or a certain speed of Internet access. The use of the WLAN takes place after the access code has been handed over.
2. The customer undertakes to use the Internet access, taking into account the applicable law. In particular, he undertakes not to distribute or access any content that violates copyright or other legal provisions or is immoral, in particular
a) not to distribute or access any anti-constitutional, racist, violence-glorifying or pornographic content;
b) not to retrieve, reproduce, distribute or make publicly available any copyrighted material.
3. In the event of a breach of one of the above obligations by the customer, RD Gastro is entitled to immediately block the customer's access to the Internet access provided free of charge.
4. The customer pledges clears up to keep the WLAN access password secret and only to authorized third parties, such as e. B. to pass on third parties included in the contracts. The customer further undertakes to ensure that third parties who are included in the contracts also use the hotel's free internet access only in accordance with Section VIII.
5. The customer or a third party who is included in the contract is responsible for the data security of his IT system. RD Gastro is not responsible for any damage caused by malware.
IX. TECHNICAL EQUIPMENT AND CONNECTIONS
1. Insofar as RD Gastro procures technical and other equipment from third parties for the customer at the customer's request, it acts in the name, on the power of attorney and for the account of the customer. The customer is liable for careful handling and proper return. He releases RD Gastro from all claims by third parties from the provision of these facilities.
2. The use of the customer's own electrical systems using the RD Gastro power grid requires the customer's consent. Malfunctions or damage to the technical systems of RD Gastro caused by the use of these devices are at the expense of the customer. RD Gastro is entitled to record and calculate the electricity costs incurred through the use.
3. With the consent of RD Gastro, the customer is entitled to use his own telephone, fax and data transmission equipment, insofar as this is technically feasible for RD Gastro. RD Gastro can charge a connection fee for this.
4. If suitable RD Gastro systems remain unused due to the connection of the customer's own systems, a loss compensation can be charged.
X. OBLIGATIONS / LIABILITY OF THE CUSTOMER
1. Exhibition items or other items, including personal items, are on
Risk of the contractual partner in the event areas of the RD Gastro. RD Gastro assumes no liability for loss, destruction or damage, except in the case of gross negligence or intent on the part of RD Gastro. This does not include damage resulting from injury to life, limb or health.
2. Decoration material brought along must meet the fire protection requirements. RD Gastro is entitled to request official proof of this. If such proof is not provided, RD Gastro is entitled to remove material that has already been brought in at the customer's expense. Because of possible damage, the installation and attachment of objects must be coordinated with RD Gastro in advance.
3. The exhibition or other objects brought along are to be removed immediately after the end of the event. RD Gastro may remove and store items left behind at the customer's expense. If the removal is associated with a disproportionately high effort, RD Gastro can leave the items in the event room and charge the respective room rent for the duration of the stay.
4. The customer must obtain official permits required for an event in good time at his own expense. He is responsible for compliance with public law requirements and other regulations.
5. RD Gastro advises the customer that if an event is to be accompanied by music by a band, a DJ or the like, a registration with the Society for Musical Performance and Mechanical Reproduction Rights (the "GEMA") must be made. The registration obligation is expressly incumbent on the customer and can be delegated by him to the band, the DJ, etc.
6. The customer expressly releases RD Gastro from this registration obligation and from any liability in this context, in particular for any costs that may arise.
7. The customer is generally not allowed to bring food and drinks to events. In special cases (e.g. national specialties) an agreement can be made in text form, at least a service fee will be charged.
8. The customer undertakes to inform RD Gastro immediately and without being asked, at the latest when the contract is concluded, that the service provision or the
Event, be it due to its political, religious or other character, is suitable to arouse public interest or to impair the interests of RD Gastro. Newspaper advertisements, other advertising measures and publications that are related to RD Gastro or that contain, for example, invitations to job interviews or sales events, generally require the written consent of RD Gastro. If the customer violates this duty to inform or if a publication takes place without such consent, RD Gastro has the right to cancel the event. In this case, the cancellation rules apply calculating.
9. The customer is liable for all damage to buildings or inventory caused by event participants, event visitors, employees or other third parties from his area or himself or his legal representatives.
XI. LIABILITY OF RD GASTRO
1. Claims by the customer for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, limb, health or from the breach of essential contractual obligations (the "cardinal obligations") as well as liability for other damage resulting from an intentional or grossly negligent breach of duty by RD Gastro, its statutory Representatives or vicarious agents are based. Cardinal obligations are those whose fulfillment is necessary to achieve the objective of the contract.
2. In the event of a breach of cardinal obligations, RD Gastro is only liable for contract-typical, foreseeable damage if this was caused simply by negligence, unless the customer is entitled to compensation for damage to life, limb or health. The limitations of liability resulting from paragraphs 1 and 2 do not apply if RD Gastro fraudulently concealed a defect or assumed a guarantee for the service. The same applies if RD Gastro and the customer have made an agreement on the service. The provisions of the Product Liability Act remain unaffected.
3. The above limitations of liability apply to all claims for damages, regardless of their legal basis, including claims from tort. The above limitations of liability also apply in cases of possible claims for damages by a customer against employees or vicarious agents of RD Gastro.
4. RD Gastro is liable to the customer for items brought in according to the statutory provisions, i. H. up to one hundred times the accommodation price, but no more than € 3,500. For valuables (cash, jewelry, etc.) this liability is limited to € 800. Money and valuables that are kept in the hotel safe are insured up to a maximum value of € 40,000. RD Gastro recommends making use of this option.
5. If the customer has a parking space in the hotel garage or in a hotel car park,
is made available for a fee, there is no safekeeping contract
conditions. There is no monitoring obligation of the RD Gastro. If lost or
Damage to 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 reported when leaving the hotel property at the latest
the RD Gastro can be asserted.
6. Wake-up calls are carried out by RD Gastro with the greatest care. Claims for damages, except for gross negligence or intent, are excluded.
7. Messages, mail and merchandise deliveries for customers or participants in the event will be handled with care. RD Gastro takes over the delivery, storage and - on request - forwarding the same for a fee. Claims for damages, except for gross negligence or intent, are excluded. RD Gastro is entitled to hand over the aforementioned items to the local lost property office after a retention period of three months at the latest, subject to a reasonable fee.
XII. ALLERGEN LABELING
1. RD Gastro uses ingredients that can trigger allergies and food intolerances. The labeling of the food corresponds to the EU guideline 2003/89 / EG amending the guideline 2000/13 / EG and the LMIV regulation (EU) No. 1169/2011.
2. RD Gastro assumes no liability for any cross-contamination. This does not apply to damage resulting from injury to life, limb or health that is based on a negligent breach of duty by RD Gastro or an intentional or negligent breach of duty by a legal representative or vicarious agent of RD Gastro. This also does not apply to other damages based on a grossly negligent breach of duty by RD Gastro or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of RD Gastro.
3. No assurances can be made by RD Gastro or its vicarious agents that they are free from allergens.
XIII. FINAL PROVISIONS
1. Changes or additions to the contract, the application acceptance or this
Terms and conditions should be made in writing. Unilateral changes or additions by the customer are invalid.
2. This contract and any disputes resulting directly or indirectly from it are subject to federal law Republic of Germany, excluding the UN sales law.
3. Place of fulfillment and payment is the seat of RD Gastro.
4. The exclusive place of jurisdiction is, as far as legally permissible, the seat of RD Gastro.
5. If provisions of this contract or a future provision should not be legally effective or unenforceable in whole or in part, or should the contract contain a loophole, this shall not affect the validity of the remaining provisions of the contract. In place of ineffective or unenforceable provisions or to fill the loophole, an appropriate regulation shall apply, which, as far as legally possible, comes as close as possible to what the parties wanted or would have wanted according to the meaning and purpose of these GTC, provided that they were agreed upon upon conclusion of the Contract or the later inclusion of a provision would have considered the point.
Status: June 2021
Supplement to the general terms and conditions
CORONA VIRUS CLAUSE
1. The parties are aware that the ongoing outbreak of the novel infectious disease Coronavirus COV-19, including potentially mutated strains (the "Virus") and corresponding measures that have been or are being taken at national or international level or whose application is official is recommended in order to contain the further spread that may adversely affect the ability of RD Gastro to fulfill its obligations under this contract. Adverse effects can in particular be caused by measures taken by a government or a public authority (including the imposition of quarantine orders, hotel closings or other restrictions or prohibitions, as well as compliance with appropriate government orders, rules, regulations or urgent official recommendations) and the cancellation of reservations, excessive sickness , Difficulties or increased costs in the procurement of labor or food or other circumstances that impair the provision of services (hereinafter collectively referred to as "virus effects").
2. The parties agree that RD Gastro is not liable for cancellations of reservations or other violations in the fulfillment of its obligations under this contract, which are caused directly or indirectly by virus effects, whereby RD Gastro takes economically reasonable measures to limit the possible effects of virus effects on the fulfillment of their contractual obligations. At the request of RD Gastro and after notification of the customer, the contractual obligations of RD Gastro are suspended as long as virus effects prevent or complicate the fulfillment of the contract.
3. The customer can request RD Gastro to submit suggestions for measures, including changed procedures within the scope of the provision of services, which can be carried out to fulfill the contract and to mitigate the cancellations caused by the virus effects. If and to the extent that such suggestions are accepted by the customer and subsequently implemented by RD Gastro, RD Gastro is entitled to the payment of all additional reasonable costs that arise as a result. Regardless of the implementation of such measures, the parties will in any case negotiate in good faith about an appropriate increase in the contract price if and to the extent that virus effects have caused a significant increase in the costs of providing the services by RD Gastro.
4. If the suspension of the performance of the contract as a result of virus effects exceeds a period of more than ninety (90) days, each party is entitled to withdraw from this contract by notifying the other party.
5. This clause does not affect other exemptions that result from this agreement or the applicable law.
Status: July 2020