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General terms and conditions

General terms and conditions for hotel accommodation contracts and events of Traube Tonbach Familie Finkbeiner KG

1.         Scope

1.1       These terms and conditions apply to all services and supplies provided by Traube Tonbach, in particular to hotel accommodation contracts and to events such as conferences and banquets and all other related services and supplies provided by Traube Tonbach, including in particular catering and event services.

1.2       Rules which deviate from these General Terms and Conditions shall only apply if acknowledged in writing by Traube Tonbach.

2.         Offer, formation of contract, written form

2.1       Presentations made by Traube Tonbach, including but not limited to those on the Internet or in advertising brochures, do not constitute binding offers made by Traube Tonbach.

2.2        A hotel accommodation contract is concluded on acceptance by Hotel Traube Tonbach of the customer’s offer.  The hotel shall be at liberty to confirm the room booking in text form.

2.3        Event contracts come into existence on written acceptance by the customer of an offer made by Traube Tonbach.

3.         Joint and several liability

If a third party concludes a contract on behalf of a guest or a customer or if the customer uses the services of a third party to organize or run an event, the guest and the third party or, alternatively, the customer and the third party shall be jointly and severally liable.

4.          Prices

        4.1       Prices are inclusive of statutory value-added tax.

4.2       Invoices issued by Traube Tonbach are payable immediately upon receipt.

4.3       Traube Tonbach shall be entitled on formation of the contract or thereafter to demand appropriate advance payment or deposit. The amount of advance payments and their due date may be agreed in writing in the contract. Traube Tonbach shall also be entitled to make receivable amounts which have accumulated during the term of the contract due at any time by issuing interim invoices and to demand immediate payment.  Pending payment of the advance payment, the deposit or the due interim invoice Traube Tonbach shall be entitled to withhold performance.

5.       Special provisions in hotel accommodation contracts

5.1     Rooms provided by the hotel shall only be sublet, re-let or used for purposes other than accommodation with the prior written agreement of Traube Tonbach.

5.2     The guest may use rooms which have been booked by him or her as of 3 p.m. The guest must have left his or her room by 12 midday on the date of departure.

5.3     Unless otherwise agreed in writing the guest shall not be entitled to be given specific rooms or space.

5.4     Room bookings may only be cancelled in writing.

5.4.1  The following provisions apply:

  Cancellation of individual reservation

7(1) Individual reservations may be cancelled up to three months before the planned stay at no cost to the guest. If bookings are cancelled later than this, the agreed remuneration shall be payable subject to the rules in (2) following.

(2) If rooms are let out to other guests, the hotel shall offset the receipts and saved expenditure from the amount payable by the guest who has cancelled a booking. If rooms are not let out to other guests, the hotel shall be entitled to deduct a flat rate for saved expenditure. In this case the customer shall be required to pay at least 90% of the contractually agreed price for overnight accommodation (with or without breakfast) and 70% for half board arrangements. The guest shall be entitled to demonstrate that the flat rate amount for saved expenditure is in fact higher; in this case the amount demonstrated by a guest shall be taken into account.

5.4.2. Cancellation of group reservations

Group reservations are deemed to exist if bookings are made for 10 or more rooms per night. Depending on when the bookings are cancelled, a part of the group reservations can be cancelled at no cost:

(1) Group reservations of up to 49 rooms per night

Time of cancellation (receipt of cancellation at Traube Tonbach) Share of the group reservation which can cancelled at no cost
Cancellation up to 10 weeks before arrival 50% of the group reservation per night
Cancellation up to 6 weeks before arrival 25% of the group reservation per night
Cancellation up to 4 weeks before arrival 10% of the group reservation per night

     (2)   Group reservations from 50 rooms per night:

Time of cancellation (receipt of cancellation at Traube Tonbach) Share of the group reservation which can cancelled at no cost
Cancellation up to 12 weeks before arrival 50% of the group reservation per night
Cancellation up to 8 weeks before arrival 25% of the group reservation per night
Cancellation up to 6 weeks before arrival 10% of the group reservation per night

For rooms which cannot be cancelled free of charge and which were not occupied, the guest shall be required to pay 90% of the share of the room price unless Traube Tonbach is able to let the rooms out to other guests. The guest shall be entitled to demonstrate that the saved expenditure is in fact higher; in this case the amount demonstrated by a guest shall be taken into account.

5.4.3    Cancellation of group reservations available on demand

Group reservations available on demand are deemed to exist when bookings of 10 or more rooms per night can be called up by the guest or a third party using an agreed key word up to an agreed time point. Depending on when the bookings are cancelled, a part of the group reservation available on demand can be cancelled at no cost:

(1) Group reservations available on demand for up to 49 rooms per night:

Time of cancellation (receipt of cancellation at Traube Tonbach) Share of the group reservation which can cancelled at no cost
Cancellation up to 10 weeks before arrival 50% of the group reservation per night
Cancellation up to 6 weeks before arrival 25% of the group reservation per night
Cancellation up to 4 weeks before arrival 10% of the group reservation per night

(2) Group reservations available on demand from 50 rooms per night:

Time of cancellation (receipt of cancellation at Traube Tonbach) Share of the group reservation which can cancelled at no cost
Cancellation up to 12 weeks before arrival 25% of the group reservation per night
Cancellation up to 8 weeks before arrival 15% of the group reservation per night
Cancellation up to 6 weeks before arrival 10% of the group reservation per night

For rooms which cannot be cancelled free of charge and which were not occupied, the guest shall be required to pay 90% of the share of the room price unless Traube Tonbach is able to let the rooms out to other guests. The guest shall be entitled to demonstrate that the saved expenditure is in fact higher; in this case the amount demonstrated by a guest shall be taken into account.

6.       Special spa provisions

6.1     The guest must inform spa staff about any health problems or ailments he or she may have – such as coronary heart disease, high blood pressure, metabolic disorders, allergies or pregnancy – at the outset of the treatment.

6.2     Traube Tonbach shall not be liable for any unforeseeable skin or other physical reactions to cosmetics and treatments or for any allergies or other physical conditions of which guests are unaware or of which Traube Tonbach has not been informed and which would have made such a booking unadvisable.

6.3     Traube Tonbach shall be entitled to close for a temporary time the wellness and fitness studios or to change the opening hours if this is necessary for the purpose of performing repair or similar work.

6.4     Children must be accompanied in the fitness studio and sauna area by a responsible adult.

7.       Special provisions which apply to events

7.1     Rooms, areas and showcases provided by Traube Tonbach for the purpose of an event shall only be sublet or re-let to third parties, and the type of event itself shall only be changed, with the prior written agreement of Traube Tonbach. 

7.2     The customer shall obtain any official licenses which may be required for an event at his or her own cost and in good time. The guest shall be responsible for complying with public laws and other regulations. Charges which are payable to a third party, including but not limited to fees payable to the German performance rights organization GEMA, shall be paid directly to the creditor. 

7.3     Decorations or other materials may only be hung or affixed with the prior written agreement of Traube Tonbach. Any decoration material used must comply with fire regulations. On request the customer shall provide corresponding evidence of such compliance to Traube Tonbach. The customer shall bear sole responsibility for ensuring compliance with fire regulations.

7.4     Decorative materials brought by the customer shall be collected again within 72 hours of the end of the event at the latest. After this time Traube Tonbach shall be entitled to dispose of such material at the customer’s cost.

7.5     Changes in the number of people attending events and in the event times.

7.5.1  Traube Tonbach must be notified by no later than five working days before the event is due to begin if the number of people attending the event has risen by more than 5%; Traube Tonbach must consent to this increase in writing. The invoice shall be based on the actual number of people attending the event or at least 95% of the agreed higher number of people attending. If the actual number of people attending the event is lower, the customer is entitled to demand that the agreed price be reduced by the amount of expenditure additionally saved on account of the lower number of people attending; the customer must provide evidence of this saved expenditure.

7.5.2  Traube Tonbach must be notified in good time, i.e. by no later than five working days before the event is due to begin, if the number of people attending an event has fallen by more than 5%. The invoice shall be based on the actual number of people attending the event or at least 95% of the finally agreed number of people attending. No. 7.5.1 sentence 3 applies accordingly.

7.5.3  If the number of persons attending the event declines by more than 10%, Traube Tonbach is entitled to change the confirmed rooms, taking into account any difference in the rent of the rooms, unless this cannot be reasonably expected of the customer.

7.5.4  If there is a change in the agreed starting and ending times of the event and Traube Tonbach consents to these changes, Traube Tonbach is entitled to appropriately charge for the additional provision of services unless the responsibility for aforesaid change lies with Traube Tonbach. 

7.6     The contracting party may only bring food and beverages to events with the written agreement of Traube Tonbach. In such cases Traube Tonbach shall be entitled to charge a reasonable service charge to cover its overhead expenses.

7.7     If rooms are also provided for the event, item 5 of these General Terms and Conditions (Special provisions in hotel accommodation contracts) shall apply accordingly.

8.       Special provisions concerning catering

8.1     Traube Tonbach offers catering. 

8.2     The catering order shall be placed in writing 10 days in advance at the latest. If there is a change in the number of people attending the event, this shall be notified by the ordering party without delay, but no later than 7 days prior to the delivery date. 

8.3       Catering may be cancelled at no charge up to 10 days ahead of the delivery date.

8.4       All equipment, containers, dishes, plates, cutlery, etc. provided shall remain the property of Traube Tonbach. The equipment shall be specified in full in a list which the ordering party must check and either confirm as correct or alter accordingly.

The equipment may only be used for the agreed purpose at the agreed location. Any items which go missing or are damaged shall be charged to the customer at their replacement value. Traube Tonbach shall be entitled to demand an appropriate rental price for high-value items of equipment and to show this price separately in the quotation. The equipment provided shall be made ready for collection by the agreed time by the event organizer at the end of the event.

8.5       If certain products which are offered cannot be delivered because they are out of season or if Traube Tonbach cannot obtain the required quantity or quality from its suppliers, Traube Tonbach retains the right to make minor changes to the food/beverages on offer by replacing these products with other equivalent products.

8.6     Services provided by service, buffet, kitchen, cleaning, technical, hostess, auxiliary, and setting up and dismantling staff shall be agreed separately; such services shall be charged for on an hourly basis.

9.       Traube Tonbach’s right to rescind the contract

Traube Tonbach is entitled to rescind contracts

a)       in the event of force majeure or any other circumstances for which Traube Tonbach is not responsible which make performance of the contract impossible or unreasonably difficult

b)       if the performance of the contract would have a lasting adverse impact on the business, safety or reputation of Traube Tonbach where such impact is not the responsibility of Traube Tonbach and only occurs or comes to Traube Tonbach’s attention after the contract has been formed.

10.     Liability of Traube Tonbach

10.1   In the event of disruptions to or defects in the services or goods provided by Traube Tonbach, Traube Tonbach shall endeavor to find a remedy in response to an immediate notification of such disruption or defect by the other contracting party.

If the other contracting party culpably omits to notify the hotel of an obvious defect within a period of two weeks, said contracting party shall forfeit its claim to a reduction in the contractually agreed remuneration. The contracting party shall not be entitled to rescind. The legal obligations to notify under s 536 c subs 2 sentence 2 of the German Civil Code (BGB) and – in the case of full traders – s 377 of the German Commercial Code (HGB) remain unaffected. The same shall apply to any other legal reporting, inspection and defect notification obligations.

10.2   Traube Tonbach’s liability for other damages incurred as a result of slight negligence shall be limited to cases in which such damages are due to a fundamental breach of contract (Verletzung einer wesentlichen Vertragspflicht) major contractual obligation (Kardinalpflicht) in a manner which would jeopardize the purpose of the contract. In such cases liability shall be limited to typical, foreseeable damages.

10.3   The above provisions on limited liability shall not apply to Traube Tonbach’s liability for willful acts or gross negligence, to warranted characteristics (garantierte Beschaffenheitsmerkmale), injury to life, limb or health or to liability under the German Product Liability Act (Produkthaftungsgesetz).

10.4   Item 11 of these General Terms and Conditions (liability for property brought into the hotel) remains unchanged.

11.     Liability for property brought into the hotel

If Traube Tonbach accommodates guests or customers of events, Traube Tonbach shall be liable in accordance with s 701 ff. of the German Civil Code (BGB) – in other words, up to one hundred times the room rate for one day but no less than 600 euros and no more than 3,500 euros. Traube Tonbach shall be liable for a maximum amount of 10,000 euros for items of value (cash, securities and valuables) properly stored in the room safe. 

12.     Final provisions

12.1   German law shall apply. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

12.2   If the guest or customer is a full trader, legal person under public law or a special fund under public law, or has no place of general jurisdiction in Germany, the exclusive legal venue for all disputes arising out of or in connection with supplies and services provided by Traube Tonbach shall be Freudenstadt. 

12.3   If individual provisions of these General Terms and Conditions be or become ineffective or invalid, this shall not prejudice the validity of the remaining provisions. Statutory regulations shall apply accordingly.

Traube Tonbach – Familie Finkbeiner KG (November 2014)