The Bistro clementine in Bonn Poppelsdorf – Catering place for guests who want something special.
General business Terms and Conditions for Hotel Accommodation Contracts
1 Area of application
1.1 These General Business Terms and Conditions apply to contracts on the provision for rental use of hotel rooms for lodging and to all other services and supplies provided to the customer by the hotel in this connection (Hotel Accommodation Contract). The term “Hotel Accommodation Contract” encompasses and replaces the following terms: lodging, guest accommodation, hotel and hotel room contract.
1.2 The sub-letting and re-letting of the rooms provided for use and the use thereof for any purposes other than those of lodging is subject to the prior consent of the hotel in text form, whereby section 540 (1) sentence 2 German Civil Code (BGB) is excluded insofar as the customer is not a consumer as defined in section 13 BGB.
1.3 General business terms and conditions of the customer shall only be applicable if this is explicitly agreed in text form in advance.
2 Concluding the contract, contract parties, statute of limitations
2.1 The hotel and the customer are the parties to the contract. The contract is concluded by acceptance by the hotel of the application made by the customer. The hotel can confirm the room reservation in text form at its discretion.
2.2 All claims against the hotel shall become statute-bound in principle one year after commencement of the statutory limitation period. This does not apply to claims for damages or other claims if the latter are based on an intentional or grossly negligent breach of duty of the hotel.
3 Services, prices, payment, off-set
3.1 The hotel is obliged to keep the rooms reserved by the customer available and to render the services agreed.
3.2 The customer is obliged to pay the hotel’s prices that are agreed for or applicable to the provision of the room for use and to other services used by the customer. This also applies to services ordered by the customer either directly or through the hotel which are performed by third parties and paid for in advance by the hotel.
3.3 The prices agreed are inclusive of the taxes and local taxes applicable at the time when the contract is concluded. They do not include local taxes such as local visitor’s tax [Kurtaxe] which the guest owes himself or herself under local community law.
The prices shall be adjusted accordingly in the event of changes to the statutory value added tax or of the introduction, change or elimination of local taxes on the subject matter of the contract after the contract has been entered into. In the case of contracts with consumers, this only applies if the period of time elapsing between the date of conclusion of the contract and the date of performance of the contract is longer than four months.
3.4 The hotel may make its consent to a request made retrospectively by the customer to reduce the number of rooms reserved, the services provided by the hotel or the duration of the customer’s stay dependent upon reasonably increasing the price of the rooms and/or of the other services of the hotel.
3.5 The hotel invoices are due and payable immediately upon receipt without any deductions being made. If payment by invoice [Zahlung auf Rechnung] is agreed, payment shall be made within ten days of receipt of the invoice without any deductions being made unless otherwise agreed.
3.6 When the contract is entered into, the hotel has the right to request a reasonable advance payment or security from the customer, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed in the contract in text form. In the event of advance payments or security for package travel, the provisions of statute shall remain unaffected. The provisions of statute shall apply in the event of late payment by the customer.
3.7 In justified cases, for example if the customer is in arrears in payment or if the scope of the contract is extended, the hotel has the right to demand, even after the contract has been concluded up until the time when the residence commences, advance payment or security as set out in subsection 3.6 above or an increase in the amount of the advance payment or security agreed in the contract up to the full amount of the remuneration agreed.
3.8 Further, the hotel has the right to request, at the beginning and during the course of the customer’s stay, a reasonable advance payment or security within the meaning of subsection 3.6 above for existing and future claims under the contract, insofar as no such payment or security has already been made or provided pursuant to subsection 3.6 and/or 3.7 above.
3.9 The customer may only offset or net out an undisputed claim or a claim established by final and absolute court decision against a claim of the hotel.
3.10 The customer is in agreement with the invoice being sent to the customer by electronic transmission.
4 Revocation by the customer (countermand, cancellation)/ No show
4.1 It is only possible for the customer to revoke the contract concluded with the hotel if a revocation right has been explicitly agreed in the contract, if there is a statutory revocation right or if the hotel explicitly consents to the cancelation of the contract.
4.2 If the hotel and the customer have agreed upon a deadline for revocation of the contract free of charge, the customer may revoke the contract up until that date without triggering any claims for payment or damages by the hotel.
4.3 If no revocation right has been agreed or if it has already expired, and if there is no statutory right of revocation or termination and if the hotel does not agree to the cancellation of the contract, then the hotel retains its entitlement to the remuneration agreed although the service was not used. The hotel shall offset income from otherwise letting the rooms and saved expenditures. If the rooms are not otherwise let, the hotel can apply a flat rate for the saved expenditures. In this case the customer is obliged to pay 90% of the contractually-agreed price for overnight accommodation with or without breakfast and for package deals with third party services, 70% for half board and 60% for full board. The customer is at liberty to demonstrate that the above claim did not arise or not in the amount claimed.
5 Revocation by the hotel
5.1 If it has been agreed that the customer may revoke the contract free of charge within a certain period, then the hotel has, for its part, the right to revoke the contract within this period if inquiries are made by other customers relating to the contractually reserved rooms and if the customer does not waive its revocation right after an inquiry is made and a reasonable period of time set by the hotel. This shall apply accordingly if the customer has been granted an option and other inquiries are made and the customer is not prepared to make a firm booking after the hotel makes an inquiry and sets an appropriate time period.
5.2 The hotel also has the right to revoke the contract if an advance payment or security agreed or required in accordance with subsection 6 and/or subsection 3.7 has not been paid after an appropriate period of grace set by the hotel has expired.
5.3 Further, the hotel has the right, for an objectively legitimate reason, to revoke the contract for extraordinary grounds, in particular in the event of
- force majeure or other circumstances for which the hotel is not responsible, which render performance of the contract impossible;
- rooms being reserved by culpably providing material facts that are wrong or misleading or by failing to provide material facts; in this context the term material can mean the identity of the customer, the customer’s ability to pay or the purpose of the residence;
- the hotel having reasonable grounds to assume that the use of the service can jeopardize the smooth running of the business, the safety or public reputation of the hotel without this being attributable to the area of responsibility or organization of the hotel;
- the purpose of or the reason for the stay being in violation of the law;
- a breach of subsection 1.2.
5.4 Revocation by the hotel that is justified does not give the customer the right to claim damages.
6 Making the room available, handover and return
6.1 The customer does not acquire a right to the provision of specific rooms unless this has been explicitly agreed in text form.
6.2 The reserved rooms shall be available for use by the customer with effect from 15:00 hours on the agreed date of arrival. The customer has no right to earlier availability.
6.3 The rooms shall be vacated and available for use by the hotel by 12:00 noon at the latest on the agreed departure date. After this time, as the room was vacated late, the hotel has the right to charge for the room use exceeding that which was contractually agreed in an amount of 50% of the full accommodation price up until 18:00 hours and in an amount of 90% after 18:00 hours (price as per price list). This does not give rise to contractual rights of the customer. The customer is at liberty to demonstrate that the hotel did not acquire a claim for compensation for use or acquired a significantly lower claim.
7 Liability of the hotel
7.1 The hotel is liable for damage which it is accountable for resulting from injury to life, body or health. It is further liable for other damage which is based on an intentional or grossly-negligent breach of duty of the hotel or on an intentional or negligent breach of duties of the hotel typical of the type of contract [vertragstypischen Pflichten]. Duties typical of the type of contract are those duties which enable the proper execution of the contract altogether and which the customer relies on being performed and is able to rely on being performed. A breach of duty of a statutory representative or person engaged in performance of an obligation of the hotel [Erfüllungsgehilfe] is equivalent to a breach of duty of the hotel. More far-reaching claims for damages are excluded unless otherwise provided for in this Section If there should be any disruptions or deficiencies in the services of the hotel, the hotel shall endeavor to remedy this when it has knowledge thereof or upon a complaint being made without undue delay by the customer. The customer is obliged to contribute what it can be reasonably expected to contribute in order to remedy the disruption and minimize possible damage.
7.2 The hotel is liable to the customer in accordance with the provisions of statute for items brought with the customer. The hotel recommends the use of the hotel or room safe. If the customer wishes to bring with him or her money, securities or valuables valued at over Euro 800 or other property items valued at over Euro 3,500, a separate safekeeping agreement must be entered into with the hotel.
7.3 If the customer is provided with a parking space in the hotel garage or in the hotel parking lot, even if this is for payment, a custody contract is not concluded as a result. If cars parked or driven on the hotel premises or the contents thereof are lost or damaged, the hotel is only liable in accordance with sentences 1 to 4 of subsection 7.1 above.
7.4 Wake-up calls are made with great care by the hotel.
Messages for customers are treated with care. After prior agreement with the customer, the hotel can accept, store and – if desired – dispatch for a charge mail and consignments of goods. In this connection the hotel is only liable in accordance with sentences 1 to 4 of subsection 7.1 above.
8 Final provisions
8.1 Alterations and supplements to the contract, to acceptance of the application and to these General Business Terms and Conditions shall be made in text form. Unilateral changes or supplements are ineffective.
8.2 The place of performance and payment shall be President Hotel Bonn GmbH & Co. KG,Clemens-August-Str. 32-36, 53115 Bonn & and the courts of President Hotel Bonn GmbH & Co. KG shall have exclusive jurisdiction over commercial transactions – also over disputes relating to cheques and bills of exchange. If the customer meets the condition of section 38 (2) German Code of Civil Procedure (ZPO) and does not have a general place of jurisdiction in Germany, the courts of Bonn shall have jurisdiction and venue.
8.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
As of: 10.07.2019
1. These Terms and Conditions apply in respect of contracts concluded for the provision of conference, banquet, event and other rooms by the President Hotel GmbH & Co. KG for the execution of events of all kinds as well as in respect of all associated services and deliveries rendered by the President Hotel GmbH & Co. KG.
2. The subletting or re-letting of the hotel rooms, other rooms, areas and showcases provided as well as invitations for job interviews, sales events and similar events all require the prior consent of the President Hotel GmbH & Co. KG, whereby the provisions set out under article 540 section 1 subsection 1 of the German Civil Code (BGB) are waived insofar as the customer is not a consumer.
3. The customer’s Terms and Conditions shall only apply if these have been expressly agreed upon in writing.
1. The contract shall come into force upon the President Hotel GmbH & Co. KG’s acceptance of the customer’s application.
2. In the event that the customer / party placing the order is not the organiser or if a commercial intermediary or other organiser is appointed by the organiser, the organiser is jointly and severally liable together with the customer for all obligations arising from the contract insofar as the organiser has supplied the President Hotel GmbH & Co. KG with an appropriate declaration to this effect.
3. The customer is obliged to inform the President Hotel GmbH & Co. KG without request, at the latest on conclusion of the contract, if it is possible that the event may due to political, religious or other characteristics have an adverse effect on the smooth operation, the safety or the public reputation of the President Hotel GmbH & Co. KG.
4. The President Hotel GmbH & Co. KG is to act with the due diligence of a prudent merchant and is liable as such for the obligations arising from the contract. No claims may be asserted by the customer for damages. Excluded from the above are such claims as are asserted in respect of damage to life, body or health where the President Hotel GmbH & Co. KG is responsible for the given breach of duty, other claims attributable to a wilful or grossly negligent breach of duty on the part of the President Hotel GmbH & Co. KG and claims attributable to the wilful or negligent violation by the President Hotel GmbH & Co. KG of obligations typical of the contract concerned. A breach of duty committed by a legal representative or agent is deemed to be equivalent to that committed by the President Hotel GmbH & Co. KG. Should disruptions or defects occur in respect of service provision on the part of the President Hotel GmbH & Co. KG , the President Hotel GmbH & Co. KG is to act to remedy such upon its knowledge of the disruptions or defects concerned or upon complaint lodged without delay by the customer. The customer is obliged to make a reasonable contribution in correcting the disruption and keeping the possible losses at a minimum. Furthermore, the customer is obliged to draw the President Hotel GmbH & Co. KG’s attention in good time to the possibility that an exceptionally high level of damage may be incurred.
5. Messages, mail and merchandise deliveries for the customer shall be handled with care. The President Hotel GmbH & Co. KG shall take on the delivery, storage and – on request – the forwarding of such items for a fee. The above number 4 sentences 2 to 4 apply accordingly.
6. Insofar as a parking space is provided to the customer in the hotel car park or a hotel parking lot, no safekeeping contract is deemed to have been concluded in this respect, even if a fee is charged. The President Hotel GmbH & Co. KG assumes no monitoring obligation. The President Hotel GmbH & Co. KG assumes no liability for loss of or damage to motor vehicles parked or manoeuvred on the hotel's property, nor for the contents thereof, unless in the case of wilful intent or gross negligence. The above number 4 sentences 2 to 4 apply accordingly. Any damage must be reported to the President Hotel GmbH & Co. KG immediately.
7. All claims against the President Hotel GmbH & Co. KG shall, as a general rule, lapse one year after the commencement of the standard period of limitation subject to knowledge of the claim concerned and of the circumstances involved as set out under article 199 section 1 of the German Civil Code (BGB). Claims for damages expire after five years notwithstanding knowledge of the claim concerned and of the circumstances involved. Reductions of limitation shall not apply in the case of claims based on a wilful or grossly negligent breach of duty on the part of the President Hotel GmbH & Co. KG.
1. The customer is obliged to pay for the above services and any other services used at the prices agreed with the President Hotel GmbH & Co. KG or at its standard prices. This also applies in respect of the services and outlays rendered to third parties by the President Hotel GmbH & Co. KG at the customer's request, notably with regard to claims asserted by copyright collectives.
2. If a minimum turnover has been agreed and this is not achieved, the President Hotel GmbH & Co. KG can demand 60% of the difference as loss of profit, unless the customer proves lower or the President Hotel GmbH & Co. KG proves higher damages.
3. If the period of time between the conclusion of contract and the event is greater than four months and if the legal value added tax changes during this period, the prices shall be adjusted accordingly.
4. If the period between contract conclusion and the event exceeds four months and the price charged by the President Hotel GmbH & Co. KG for such services is generally increased, the President Hotel GmbH & Co. KG may raise the contractually agreed price, however by no more than 5%. For each additional year between the conclusion of contract and event over and above the four months, the maximum increase shall increase by a further 5%. This shall have no immediate effect on price changes in accordance with no. 3.
5. Any invoice issued by the President Hotel GmbH & Co. KG is – unless otherwise agreed – payable within 10 days of receipt of the invoice without deduction. The President Hotel GmbH & Co. KG is entitled to declare at any time its accrued receivables to be due and to demand immediate payment thereof. In case of default the President Hotel GmbH & Co. KG is entitled to demand payment of the statutory level of default interest. The President Hotel GmbH & Co. KG reserves the right to provide proof that the damage it incurred was greater.
6. For every reminder after occurrence of default, the customer shall be liable to reimburse the reminder costs of € 5.00 to the President Hotel GmbH & Co. KG. The customer shall be permitted to provide evidence that no or significantly lower costs have been incurred.
7. The President Hotel GmbH & Co. KG is entitled to demand a reasonable advance payment or security at any time. The amount of the advance payment and the payment dates may be agreed upon in writing in the contract.
8. The customer may only offset or reduce an undisputed or legally binding receivable owed by the President Hotel GmbH & Co. KG against a receivable owed to the President Hotel GmbH & Co. KG.
1. A withdrawal by the customer from the contract with the President Hotel GmbH & Co. KG requires the written consent of the President Hotel GmbH & Co. KG. If such consent is not received, the price agreed upon in the contract as well as initiated services by third parties shall be due and payable even if the customer does not use the contractual services and re-letting is not possible. This does not apply in the case of a breach of the obligation by the President Hotel GmbH & Co. KG to respect the rights, legal rights and interests of the customer, if adhering to the contract can no longer be expected of him through it, or if he is entitled to another statutory or contractual cancellation right.
2. If and to the extent that the President Hotel GmbH & Co. KG and the customer have concluded an agreement in writing on a date for withdrawal from the contract free of charge, the customer shall be entitled to withdraw from the contract until that date without triggering any claims to payment or to compensation by the President Hotel GmbH & Co. KG. The customer's right of withdrawal shall expire if he does not exercise his right to withdraw in writing by the agreed date opposite the President Hotel GmbH & Co. KG, provided this does not constitute a withdrawal of the customer in accordance with paragraph 1 sentence 3.
3. If the customer withdraws from the contract between 8 to 4 weeks prior to the event, the President Hotel GmbH & Co. KG is entitled to charge 35% of the lost food and beverage revenue in addition to the agreed rent and possible provision of services by third parties. This is increased to 70% of food and beverage turnover for all later cancellations.
4. The calculation of the food and beverage revenue shall follow the following formula: Menu price of the event plus drinks x number of participants. If no price was agreed-to for the menu, the least expensive 3-course menu of the respective event offer shall be taken as a basis. Drinks are charged with one third of the menu price.
5. If a conference package per participant has been agreed upon, the President Hotel GmbH & Co. KG shall be entitled to charge 60% of the conference package x stipulated number of participants in the case of withdrawal between 8 and 4 weeks prior to the event, and 85% of the conference package x stipulated number of participants in the case of withdrawal at a later point in time.
6. The deduction for expenses saved is taken into account by way of No. 3 and 5. The customer is free to prove that afore mentioned demands did not occur in the demanded amount or not occur at all.
1. If and to the extent that a right of free withdrawal within a certain period of time has been agreed upon in writing for the customer, the President Hotel GmbH & Co. KG shall also be entitled to withdraw from the contract during that period if inquiries from other customers regarding the contractually booked event rooms exist and the customer does not waive his right of withdrawal upon inquiry thereof by the President Hotel GmbH & Co. KG. This applies accordingly to granting an option if other requests are at hand and the client is not prepared to make a fixed booking upon request by the President Hotel GmbH & Co. KG.
2. If payment of an agreed advance amount or in accordance with above clause III, No. 7 is not made, the President Hotel GmbH & Co. KG is entitled to withdraw from the contract.
3. Furthermore, the President Hotel GmbH & Co. KG is entitled to withdraw from the contract due to circumstances beyond the President Hotel GmbH & Co. KG's control, notably force majeure, rendering performance of the contract impossible, if the order includes false details concerning key facts or circumstances, e.g. in respect of the person of the customer or the purpose of the event, or the President Hotel GmbH & Co. KG has reasonable grounds to believe that the event might jeopardize the smooth operation, security or reputation of the President Hotel GmbH & Co. KG, without this being in the domain or organisational area of the President Hotel GmbH & Co. KG, or if a violation of Clause I No. 2 is at hand.
4. The customer shall not be entitled to compensation in the event of justified withdrawal by the President Hotel GmbH & Co. KG. Should, in the case of a withdrawal in accordance with numbers 2 or 3 above, a claim for damages by the President Hotel GmbH & Co. KG be at hand against the customer, the President Hotel GmbH & Co. KG shall be entitled to estimate the claim. Clause IV, paragraphs 3 to 6 shall apply accordingly.
1. If the number of participants changes by more than 5%, the President Hotel GmbH & Co. KG must be informed at least five business days before the start of the event. Such a change must be approved in writing by the President Hotel GmbH & Co. KG.
2. A reduction in the number of participants by the customer by no more than 5% will be accepted by the President Hotel GmbH & Co. KG on the settling of accounts. For deviations exceeding that amount the originally stated number of participants minus 5% shall be used. The customer reserves the right to demand the reduction of the price agreed upon by the amount of the reduction in expenses as caused by the lower number of participants by the customer, if accordingly proven.
3. If the number of participants increases, the actual number of participants shall be charged.
4. If the number of participants deviates by more than 10%, the President Hotel GmbH & Co. KG shall be entitled to set new prices and to change the agreed upon rooms, unless this is unacceptable for the customer.
5. In the case that the event's agreed upon starting or ending times are changed and the President Hotel GmbH & Co. KG agrees to these changes, the President Hotel GmbH & Co. KG can charge appropriately for the additional cost of stand-by service, unless the President Hotel GmbH & Co. KG itself bears the blame.
The customer may not as a general rule bring any food and beverages to events. Exceptions to this ruling are subject to a written agreement concluded with the President Hotel GmbH & Co. KG. In such cases, the customer will be charged an appropriate flat rate amount that also covers the fixed costs incurred.
1. Insofar as the President Hotel GmbH & Co. KG obtains technical and other facilities from third parties for the customer at the latter’s request, the President Hotel GmbH & Co. KG is acting in the name, on behalf and for account of the customer. The customer is liable for the careful handling and the proper and orderly return of the facilities concerned. The customer exempts the President Hotel GmbH & Co. KG from all claims asserted by third parties in respect of the provision of the given facilities.
2. Operation by the customer of his own electrical equipment using the President Hotel GmbH & Co. KG’s power supply is subject to the President Hotel GmbH & Co. KG’s written consent; this can be made dependent on the paid provision of a hotel technician. Any disruption of or damage to the President Hotel GmbH & Co. KG’s technical facilities due to the use of the equipment concerned will be charged to the customer insofar as the President Hotel GmbH & Co. KG is not responsible for the given disruption or damage. The President Hotel GmbH & Co. KG may log the electricity consumed for the use of the equipment concerned and raise a flat rate charge to cover the costs incurred.
3. The customer is entitled to use his own telephone, telefax and data transmission facilities subject to the President Hotel GmbH & Co. KG’s consent. The President Hotel GmbH & Co. KG may charge a connection fee for such use.
4. If suitable equipment of the President Hotel GmbH & Co. KG goes unused due to the fact that the customer’s equipment is connected, a charge may be made for lost revenue.
5. Malfunctions of technical or other equipment provided by the President Hotel GmbH & Co. KG will be rectified promptly in so far as possible. Payments may not be withheld or reduced in so far as the President Hotel GmbH & Co. KG was not responsible for such malfunctions.
6. Any regulatory permits that may be required are to be obtained by the customer himself in due time and at his own expense. This concerns in particular compliance with public law requirements and other regulations.
1. Objects for exhibit or other items including personal property brought into the event rooms / hotel are placed there at the risk of the customer. The President Hotel GmbH & Co. KG shall assume no liability for loss, destruction, or damage to or of such objects, including pecuniary loss, except in cases of gross negligence or intent on the part of the President Hotel GmbH & Co. KG. This does not include damage resulting from injury to life, body or health. Furthermore, all cases where safe-keeping is a typical contractual duty by virtue of the circumstances of the respective case, shall be excluded from such disclaimer of liability. Apart from the cases referred to in clause 4, a custody agreement requires explicit agreement.
2. Any decorative materials brought into the hotel must comply with the relevant fire safety and other official regulations. The President Hotel GmbH & Co. KG is entitled to ask for an official compliance certificate to be shown. Should no such certificate be available for presentation, the President Hotel GmbH & Co. KG is entitled to remove at the customer’s expense all such relevant materials as have already been brought into the hotel. Due to the risk of damage, the erection and affixing of such materials are to be coordinated in advance with the President Hotel GmbH & Co. KG.
3. Any exhibits or other items brought into the hotel are to be removed without delay once the event has finished. Should the customer fail to comply with this, the President Hotel GmbH & Co. KG may remove and store the items concerned at the customer’s expense. If the items are left in the event room, the President Hotel GmbH & Co. KG may raise an appropriate charge for the use of the given room and the duration thereof. The customer is free to prove that afore mentioned demands did not occur in the demanded amount or not occur at all.
4. Other remaining items of the event participants will only be forwarded on request, risk and expense of the respective participant. The President Hotel GmbH & Co. KG shall keep the items for a period of three months; after that, insofar as they are of recognizable value, they shall be handed over to the local lost and found bureau.
1. Insofar as the customer is an entrepreneur, he is liable for all such damage to buildings and the contents therein as is the responsibility of the event participants and/or visitors, employees, other third parties or himself. This also applies if the customer is a legal entity under public law, party or trade union.
2. The President Hotel GmbH & Co. KG may ask the customer to provide appropriate collateral (e.g. insurance coverage, deposits, guarantees).
1. Changes or additions to the contract, the acceptance or these Terms and Conditions for events shall be valid only in writing. Unilateral amendments and supplements by the customer are invalid.
2. The place of fulfilment and payment is Bonn.
3. The exclusive place of jurisdiction for commercial transactions – including disputes concerning cheques and bills of exchange – is deemed to be Bonn Regional Court, Germany. This also applies in cases where one contracting party meets the requirements set out under article 38 section 2 of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany.
4. German law is deemed to apply. The application of the UN Convention on the International Sale of Goods and Conflict Law are precluded.
5. Should individual provisions of these General Terms and Conditions for Events be invalid or void, the validity of the remaining provisions remains unaffected thereof. In such a case the parties shall replace any ineffective provisions by provisions which come as close as possible to the meaning of the ineffective provisions.
As of: 30.05.2012