Terms and Conditions
For conferences and accommodation at the Hotel & Restaurant ALTE POSTHALTEREI
1. SCOPE OF APPLICATION
1.1 These terms and conditions apply to the rental of conference rooms and hotel rooms for accommodation, as well as all other services and deliveries provided to guests by the Hotel Alte Posthalterei.
1.2 The subletting or re-letting of the hotel rooms provided, as well as their use for purposes other than accommodation, is not permitted.
1.3 The customer’s general terms and conditions shall only apply if this has been expressly agreed in writing in advance.
2. CONCLUSION OF CONTRACT, PARTNERS, LIMITATION PERIOD
2.1 The contracting parties are the Romantik Hotel Alte Posthalterei (hereinafter also referred to as the hotel) and the customer (hereinafter also referred to as the organiser or guest).
2.2 The contract is concluded upon acceptance of the guest’s application by the hotel and is concluded as soon as the hotel room or conference room has been booked or confirmed. If a third party has made the booking on behalf of the customer, they and the customer are jointly and severally liable to the hotel.
2.3 All our offers, in particular those in advertising material or on the Internet, are non-binding. They are to be regarded legally as an invitation to submit an offer.
2.4 All claims against the hotel shall generally become time-barred one year after the start of the statutory limitation period. Claims for damages expire after five years, depending on knowledge, unless they are based on injury to life, limb, health or freedom. These claims for damages expire after ten years, regardless of knowledge.
The shortened limitation periods do not apply to claims based on intentional or grossly negligent breach of duty by the hotel.
3. SERVICES, PRICES, PAYMENT
3.1 The hotel is obliged to keep the hotel rooms and conference rooms booked by the customer available and to provide the agreed services.
3.2 The guest is obliged to pay the agreed or applicable hotel prices for the provision of rooms and conference rooms and for any other services used by him.
3.3 The prices may be changed by the hotel if the guest subsequently requests changes to the number of rooms booked, the services provided or the length of stay of the guests and the hotel agrees to this.
3.4 Prices shall increase or decrease proportionally in the event of a VAT adjustment.
3.5 Hotel invoices without a due date are payable without deduction within ten days of receipt of the invoice. The hotel may demand immediate payment of outstanding claims from the customer at any time. In the event of late payment, the hotel is entitled to charge a flat rate (late payment surcharges, processing fee) of £25.00. The hotel reserves the right to prove higher damages.
3.9 The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
4. CANCELLATION BY THE CUSTOMER (CANCELLATION, CANCELLATION) / NON-USE OF THE HOTEL’S SERVICES (NO SHOW)
4.1 Reservations confirmed by us are generally binding for the guest. Cancellation or rebooking of the premises or hotel rooms by the customer from the concluded contract is only possible if a right of cancellation has been expressly agreed in the contract or if the hotel expressly agrees to the cancellation of the contract.
4.2 If a date for free cancellation has been agreed between the hotel and the guest, the guest may withdraw from the contract until that date without triggering any payment or compensation claims by the hotel. If a right of withdrawal has not been agreed or has already expired, and if there is no statutory right of withdrawal or termination and the hotel does not agree to cancel the contract, the hotel retains its claim to the agreed remuneration despite the service not being used. The hotel must offset the income from renting the rooms to other parties and the expenses saved. The guest is free to prove that the claim has not arisen or has not arisen in the amount claimed. The hotel is free to prove that a higher claim has arisen. If the rooms or conference rooms are not rented to other parties, the hotel may charge a flat rate for the saved expenses.
4.3 The following cancellation conditions apply to cancellable room rates (non-cancellable room rates are excluded):
For a contractually booked number of 1-3 rooms, cancellation is possible free of charge until 6 p.m. on the day of arrival. After that, 90% of the total price will be charged.
4.4 Our hotel arrangements can be cancelled free of charge 7 days prior to arrival, unless otherwise agreed. After that, 80% of the total price will be charged.
For a contractually booked number of rooms between 4 and 10, the following cancellation conditions apply:
– Up to 20 days before arrival: free of charge
– 19-15 days prior to arrival: 30% of the total price
– 14-8 days prior to arrival: 50% of the total price
– 7-2 days prior to arrival: 80% of the total price
– From 24 hours prior to arrival: 90% of the total price
For contractually booked room numbers between 11 and 39, the following cancellation conditions apply:
– Up to 30 days prior to arrival: free of charge
– 29-20 days prior to arrival: 30% of the total price
– 19-15 days prior to arrival: 50% of the total price
– 14-8 days prior to arrival: 70% of the total price
– 7-2 days prior to arrival: 80% of the total price
– From 24 hours prior to arrival: 90% of the total price
For contractually booked room numbers between 40 and 66 rooms, the following cancellation conditions apply:
– Up to 90 days prior to arrival: free of charge
– 89-75 days prior to arrival: 30% of the total price
– 74-65 days prior to arrival: 50% of the total price
– 64-50 days prior to arrival: 70% of the total price
– 49-31 days prior to arrival: 80% of the total price
– From 30 days prior to arrival: 90% of the total price
The following cancellation policy applies to conference rooms with and without conference packages and other agreed services:
– Up to 30 days before the event: free of charge
– 29-20 days before the event: 30% of the total price
– 19-15 days before the event: 50% of the total price
– 14-8 days before the event: 70% of the total price
– 7-2 days before the event: 80% of the total price
– From 24 hours before the event: 90% of the total price
The date of receipt of the cancellation notice shall apply in each case.
5. WITHDRAWAL BY THE HOTEL
5.1 Since the customer may withdraw from the contract free of charge within a certain period of time, the hotel is also entitled to withdraw from the contract during this period if there are inquiries from other customers for the contractually booked conference rooms or hotel rooms and the customer does not waive his right of withdrawal upon inquiry by the hotel with a reasonable deadline.
5.2 If an agreed or requested 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.
5.3 Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, in particular if force majeure or other circumstances beyond the hotel’s control make it impossible to fulfill the contract.
Or in the event that rooms or spaces are booked culpably under misleading or false information or concealment of essential facts, so that the hotel has reasonable grounds to believe that the use of the service may jeopardize the smooth operation, security, or public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organization, the purpose or occasion of the stay is unlawful.
5.4 The hotel’s justified withdrawal does not entitle the guest to claim damages.
5.5 If the customer has been granted an option to make a reservation for a specific event date, the customer must exercise the option within the deadline in order to make a binding reservation. If no declaration is made within the deadline, the option to make a reservation for the date expires.
If we receive a reservation request from a third party for the date, the customer must declare to us within two days of receiving our request whether they will exercise the option. If no declaration is made, the option expires at the end of the second day of our request.
6. ROOM AVAILABILITY, HANDOVER, AND RETURN
6.1 The customer shall not be entitled to the provision of specific rooms unless this has been expressly agreed.
6.2 Reserved rooms shall be available to the guest from 3:00 p.m. on the agreed day of arrival. The customer has no right to earlier provision.
6.3 On the agreed departure day, the rooms must be vacated and made available to the hotel by 10:00 a.m. at the latest. If arrival by 12:00 noon has been confirmed in the booking, this will be granted. Late check-out can be arranged with the hotel’s agreement and approval for a fee. After that, the hotel may charge 90% of the full accommodation price for the use of the room beyond the contractual period due to the delayed vacating of the room. This does not justify any contractual claims on the part of the customer. The customer is free to prove that the hotel has no or a significantly lower claim to a usage fee.
6.4 If the degree of soiling in a vacated room exceeds what is generally considered normal, the hotel is entitled to charge the guest a corresponding cleaning fee as an extra cost. This is usually €50.
If smoking occurs in the room despite the smoking ban, a penalty of €500 will be charged.
7. LIABILITY
7.1 The hotel is liable for damages resulting from injury to life, limb, or health for which it is responsible. Furthermore, it is liable for other damages resulting from an intentional or grossly negligent breach of duty by the hotel or from an intentional or negligent breach of typical contractual obligations of the hotel. A breach of duty by the hotel is equivalent to a breach by a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise stipulated in this Section 7. Should disruptions or defects occur in the hotel’s services, the hotel will endeavor to remedy the situation upon becoming aware of it or upon immediate notification by the customer. The customer is obliged to contribute what is reasonable to remedy the disruption and minimize any possible damage.
7.2 If the client is not also the organizer, the client is jointly and severally liable to the hotel.
7.3 The customer is liable for all damage to buildings and inventory caused by their guests, visitors, employees, or other third parties from their sphere of influence or by themselves.
7.4 The hotel is liable to the customer for items brought onto the premises in accordance with the statutory provisions. The hotel recommends the use of the hotel or room safe.
7.5 The hotel is not liable for damage to vehicles parked by the customer in the hotel garage or hotel parking lot.
8. DATA COLLECTION AND STORAGE
The hotel stores guest data for the purpose of fulfilling all processes related to the booking (invoicing, registration with the authorities).
9. DATA PROTECTION
9.1 Romantik Hotel Alte Posthalterei collects, processes, and uses guests’ personal data only if consent has been given or if a legal provision permits the collection, processing, or use of the data. The agent (booking portals, sales interfaces, etc.) collects, processes, and uses only such data as is necessary for the provision of its services and the use and operation of the Internet portal and/or the services offered on the Internet portal.
9.2 Further information on data protection and the handling of personal data can be found in the privacy policy on our homepage.
10. FINAL PROVISIONS
Amendments and additions to the contract, the acceptance of applications, or these General Terms and Conditions must be made in writing. Unilateral amendments or additions by the guest are invalid.
As of August 2021
General Terms and Conditions for Events at the Romantik Hotel & Restaurant ALTE POSTHALTEREI
1. SCOPE OF APPLICATION
1.1 These terms and conditions apply to contracts for the provision of catering services and deliveries by the restaurant and the rental of event rooms at the hotel and restaurant “dahoim” for the purpose of holding events such as banquets, weddings, and other celebrations, as well as to all other services and deliveries provided to the guest in this context.
Our General Terms and Conditions for Conferences and Accommodation apply to the rental of hotel rooms for accommodation and conference events, as well as to all other services provided in this context.
1.2 The customer’s general terms and conditions shall only apply if this has been expressly agreed in writing in advance.
2. CONCLUSION OF CONTRACT, PARTNERS, STATUTE OF LIMITATIONS
2.1 The contracting parties are Romantik Hotel & Restaurant Alte Posthalterei (hereinafter also referred to as the hotel or restaurant) and the customer (hereinafter also referred to as the organizer or guest).
2.2 The contract is concluded through the inquiry and the offer between the restaurant/hotel and the customer. If a third party has placed an order for the customer, they and the customer are jointly and severally liable to the restaurant.
2.3 All our offers, in particular those in advertising materials or on the Internet, are non-binding. They are to be regarded legally as an invitation to submit an offer. Offers made by the customer are accepted if we confirm them in writing or if they are executed immediately after the offer is made or on schedule.
2.4 All claims against the restaurant generally expire one year after the start of the statutory limitation period. Claims for damages expire after five years, depending on knowledge, unless they are based on injury to life, limb, health, or freedom. These claims for damages expire after ten years, regardless of knowledge. The shortened limitation periods do not apply to claims based on intentional or grossly negligent breach of duty by the restaurant.
3. SERVICES, PRICES, PAYMENTS
3.1 The restaurant is obliged to have the services ordered by the customer ready and to provide them. A full “à la carte service” will only be provided to the customer if this has been expressly agreed and the number of guests does not exceed 13. For events with 14 or more persons for which no uniform menu has been agreed, only a limited selection of dishes from our restaurant kitchen can be offered.
3.2 If a service is charged by us on a per-person basis, we must be provided with the exact number of persons in writing 7 days before the start of the event. Only a reduction of 5% in the number of persons is possible; any increase requires the consent of the hotel. All services charged per person will be invoiced on the basis of the last number of persons specified within the deadline, or, if no notification is made within the deadline, on the basis of the number specified in the reservation or booking. If the actual number of persons at the event exceeds the last binding number specified, this number shall be decisive for invoicing.
3.3 Services commissioned by the organizer directly or through the restaurant (musicians’ and artists’ fees) that are provided by third parties must be settled with the third parties concerned or made available to the restaurant in advance. Any GEMA fees incurred shall be borne by the organizer.
3.4 If there are more than 4 months between the conclusion of the contract and the guest’s event, we reserve the right to increase our prices appropriately, but by no more than 5%, if cost increases occur after the conclusion of the contract, in particular increases in food or personnel costs.
3.5 Prices shall increase or decrease proportionally in the event of a VAT adjustment.
3.6 We may also change prices if, after conclusion of the contract, the customer requests changes to the number of rooms booked, the restaurant services, or the length of stay of the guests, and we agree to these changes.
3.7 For an exclusive reservation of our rooms, we require a minimum turnover for events. The minimum turnover is the amount that is payable in any case, even if the actual consumption on the day of the event is below this amount. Additional personnel costs in accordance with point 3.10 and hotel room bookings are not included in the minimum turnover. This is due 240 days before the event. If there is less time between the booking and the date of the event, it is payable immediately.
The minimum turnover is:
Zusmarshausen event hall:
Monday–Thursday: EUR 700
Friday–Sunday/public holidays: EUR 1,000
Vaulted cellar:
Monday–Thursday: EUR 500
Friday–Sunday/public holidays: EUR 1,000
3.8 Restaurant invoices without a due date are payable without deduction within ten days of receipt of the invoice. The restaurant may demand immediate payment of due claims from the customer at any time. In the event of late payment, the restaurant is entitled to charge a flat rate (late payment surcharges, processing fee) of €25.00. The restaurant reserves the right to prove higher damages.
3.9 The hotel is entitled to demand a reasonable advance payment from the customer upon conclusion of the contract. The amount of the advance payment is also the agreed minimum turnover. The payment date is agreed in the contract.
3.10 We will provide sufficient specialist staff for your event. The number of employees is specified by the venue. From 11 p.m. onwards, we charge a night surcharge of EUR 149 per hour or part thereof. In addition, for events with 30 or more guests, a flat rate of EUR 149 will be charged for one hour of preparation and one hour of follow-up work.
The use of our staff for the organizer’s own services, e.g., assistance with decoration or deliveries, will be charged separately at EUR 39 per employee/hour or part thereof.
3.11 Celebrations are possible until 1:00 a.m. at the latest. From 11:00 p.m. onwards, we ask you to turn down the music to a reasonable volume (room volume), as there are other guests staying at the hotel in addition to our neighbors. For this reason, our courtyard closes at 10:30 p.m.
Throwing confetti, rice, and similar items is not permitted.
3.12 The details of events and the contractual agreements relating to them, which arise after the conclusion of the contract, will be recorded by us in the event notice/offer that we send to the customer. Any objections or changes to this must be communicated to us within 14 days of receipt, otherwise the content of the notice/offer will become part of the contract.
4. WITHDRAWAL BY THE ORGANIZER (CANCELLATION) / FAILURE TO UTILIZE THE RESTAURANT’S SERVICES (NO SHOW)
4.1 Reservations confirmed by us are generally binding for the guest. Cancellation or rebooking of the premises by the customer from the concluded contract is only possible if a right of cancellation has been expressly agreed in the contract or if the hotel expressly agrees to the cancellation of the contract.
4.2 If a date for free cancellation has been agreed between the hotel and the guest, the guest may cancel the contract until that date without triggering any payment or compensation claims by the hotel.
If a right of withdrawal has not been agreed or has already expired, and if there is no statutory right of withdrawal or termination and the hotel does not agree to cancel the contract, the hotel retains its claim to the agreed remuneration despite the service not being used. The hotel must offset the income from renting the rooms to other parties and the expenses saved. The guest is free to prove that the claim has not arisen or has not arisen in the amount claimed. The hotel is free to prove that a higher claim has arisen.
4.3 Free cancellation of the event for exclusive events is possible up to 241 days before the event date. After that, we charge the following cancellation fees:
From 240 days to 181 days before the event: 40% of the minimum turnover
From 180 days to 121 days before the event: 60% of the minimum turnover
From 120 days to 61 days before the event: 80% of the minimum turnover
From the 60th day prior to the event, the hotel retains the right to the agreed minimum turnover remuneration despite non-use or reduction of the service, plus any claims from external suppliers, third-party companies, or special orders for the event.
4.4 Reservations for 14–30 people (except for exclusive events) can be canceled free of charge 10 days in advance.
From 9–4 days in advance, 60% of the average food sales will be charged; from 3 days in advance, 80% of the average food sales will be charged (based on the average price of a main course from the current menu). If a menu/food selection has been pre-ordered, this will serve as the basis for calculation.
Events and celebrations for 30 to 40 people can be canceled free of charge up to 60 days before the date (except for exclusive events).
After that, we charge the following cancellation fees:
From 59 to 40 days: 40%
From 39 to 20 days: 60%
From 19 days: 80%
of the average food turnover (the average price of a main course from the current menu is used for this calculation). If a menu/selection of dishes has been pre-ordered, this will serve as the basis for calculation.
The date of receipt of your cancellation notice will be taken into account.
5. WITHDRAWAL BY THE HOTEL & RESTAURANT
5.1 Since the customer may withdraw from the contract free of charge within a certain period of time, the hotel is also entitled to withdraw from the contract during this period if there are inquiries from other customers regarding the contractually booked event rooms.
5.2 If an agreed or requested advance payment or security deposit is not made even after a reasonable grace period set by the hotel has expired, the restaurant is also entitled to withdraw from the contract.
5.3 Furthermore, the restaurant is entitled to withdraw from the contract for objectively justified reasons, in particular if force majeure or other circumstances beyond the hotel’s control make it impossible to fulfill the contract.
Or in the event that catering rooms are booked culpably under misleading or false information or concealment of essential facts, so that the hotel has reasonable grounds to believe that the use of the service may jeopardize the smooth operation of the business, 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.
5.4 The hotel’s justified withdrawal does not entitle the organizer to claim damages.
5.5 If the customer has been granted an option to make a reservation for a specific event date, the customer must exercise the option within the deadline in order to make a binding reservation. If no declaration is made within the deadline, the option to make a reservation for the date expires.
If we receive a reservation request from a third party for the date, the customer must declare to us within two days of receiving our request whether they will exercise the option. If no declaration is made, the option expires at the end of the second day of our request.
6. FOOD AND DECORATIONS BROUGHT IN BY CUSTOMERS
6.1 Customers and their guests are only permitted to bring in their own food if this has been expressly agreed. The catering business accepts no liability for food brought in, such as cakes, desserts, and food that the customer and their guests do not consume immediately or take away to consume outside the business, unless proof is provided that the catering business is responsible for the cause of the damage.
6.2 Items brought along (decorations) must comply with legal requirements (e.g., fire safety for decorations); if these items pose a hazard in the opinion of the hotel, the owners of the hotel and their vicarious agents are instructed to prevent the hazard and remove the items. Items brought to the premises must be removed immediately at the end of the event,
otherwise the organizer shall bear the costs of storage or disposal. The hotel & restaurant shall not be liable for any missing items.
7. LIABILITY
7.1 The hotel & restaurant is liable for damages for which it is responsible resulting from injury to life, limb, or health. Furthermore, it is liable for other damages resulting from an intentional or grossly negligent breach of duty by the restaurant or from an intentional or negligent breach of typical contractual obligations by the hotel. A breach of duty by the restaurant is equivalent to a breach by a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise stipulated in this Section 7. Should disruptions or defects occur in the hotel’s services, the hotel will endeavor to remedy the situation upon becoming aware of it or upon immediate notification by the customer. The customer is obliged to contribute what is reasonable to remedy the disruption and minimize any possible damage.
7.2 If the client is not also the organizer, the client is jointly and severally liable to the hotel.
7.3 The customer shall be liable for all damage to buildings and inventory caused by his guests, visitors, employees, or other third parties from his sphere of influence or by himself.
7.4 The customer shall obtain any official permits required for the event in good time and at his own expense. He shall be responsible for complying with public law requirements and other regulations.
8. DATA COLLECTION AND STORAGE
The hotel & restaurant stores guest data for the purpose of fulfilling all processes related to the booking (invoicing, registration purposes).
9. DATA PROTECTION
Information on data protection and the handling of personal data can be found in the privacy policy on our homepage. We will be happy to send you a copy upon request.
10. FINAL PROVISIONS
Amendments and additions to the contract, the acceptance of applications, or these General Terms and Conditions must be made in writing. Unilateral amendments or additions by the organizer are invalid.
As of June 2023