I. General Regulations
(1) These General Terms and Conditions apply to all contracts concluded with Hotel Ullrich Betriebsgesellschaft mbH *Elfershausen* (hereinafter referred to as the Hotel). General Terms and Conditions other than those of the Hotel shall not become part of the contract, even if the Hotel does not expressly object thereto.
2. Prices may be modified after the conclusion of the contract if the period between the conclusion of the contract and the provision of the service exceeds four months. In this case, a corresponding price increase is permissible if the statutory value added tax is increased or if cost increases have occurred in the hotel and restaurant sector. If the price increase amounts to more than 5% of the agreed price, the contractual partner is entitled to withdraw from the contract.
3. reservations are binding for both contracting parties. In principle, the contract cannot be cancelled unilaterally. In principle, a cancellation can only be made with the agreement of the hotel and in consideration of the regulations in Section I.10. of these General Terms and Conditions. Reserved rooms are available to the contractual partner from 2 p.m. on the day of arrival. Unless a later arrival time has been expressly agreed, the hotel reserves the right to assign rooms ordered after 6 p.m. to other parties. On the day of departure, the rooms are to be vacated by 11 a.m., unless otherwise expressly agreed. The hotel is free to confirm the room reservation in writing. 4.
4. a non-binding option expressly designated as such must be exercised in a binding manner or returned no later than 42 calendar days prior to the day of arrival. Exercised options shall be treated as firm reservations. Without timely binding exercise of the option, the hotel shall be entitled to assign the reserved service to another party.
5. the hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter. The amount of the advance payment and the payment dates may be agreed in writing in the contract.
6. the contracting party does not acquire a claim to the provision of certain rooms or premises. If agreed rooms are not available, the hotel will endeavor to provide equivalent substitutes in other properties.
7. subletting or re-letting of the rooms provided as well as their use for purposes other than accommodation shall require the prior written consent of the hotel.
(8) If the customer is not simultaneously the organizer or if he orders at the expense of another, both shall be liable as joint and several debtors.
9. invoices are generally due immediately upon receipt and without deduction of discount. In the event of late payment, the hotel shall be entitled to charge interest on arrears at a rate of 5% above the base interest rate applicable on the due date, unless it is proven that the damage caused by the delay is of a different amount. The contract partner may only offset counterclaims against the hotel to the extent that its claims are undisputed or have been legally established. Delay in payment of even one invoice entitles the hotel to suspend all further and future services for the customer or to make them dependent on an advance payment in the amount of 100%. The hotel decides on this without notice. In case of a total reservation of more than 10 nights, the hotel reserves the right to demand an advance payment in the amount of 50% of the ordered services, or in the amount of 100% of the ordered services if the customer's place of residence or business is abroad. This amount is due 14 calendar days before arrival.
10. if a customer does not accept contractual services, which he has ordered or reserved in advance, he remains obliged to pay the agreed price in the following amount:
a) in case of cancellation in the period from the 42nd to the 31st calendar day before the agreed service period, 10% of the ordered services.
b) in case of cancellation in the period from the 30th to the 9th calendar day before the agreed service period, 50% of the ordered services,
c) in case of cancellation in the period from the 8th calendar day to the agreed service point, 80% of the ordered services, based on the agreed price of the ordered services, will be due. Cancellation fees will be reduced by the amount of logis that can be obtained by subletting the cancelled rooms on the ordered date. If the ordered service is divisible and only a part of the service is not accepted, the cancellation fees shall be due in accordance with the gradation of the preceding paragraph on the basis of the amount of the ordered service attributable to this part of the service. The proof of higher saved applications by the contractual partner remains unaffected by the above regulations.
Objects or materials left in generally accessible rooms of the hotel, in the technical facilities and in the conference rooms of the hotel shall not be deemed to have been brought in if they have not been expressly taken into care by a person authorized to do so. In rooms, liability extends only to those objects and materials that were brought in by the person entitled under the accommodation contract. The extent of liability of the hotel for objects and materials brought in is limited to a maximum of € 3,000 except in cases of intent or gross negligence.
12. if the business operation or the safety of the hotel or their guests is endangered by a contracting party, the hotel can withdraw from the contract. This also applies in the event of force majeure and other unforeseeable, extraordinary and non-culpable circumstances, if this makes the performance of the hotel impossible, unreasonable or of no interest to the contractual partner.
The contractual liability of the hotel for defects existing at the time of the conclusion of the contract, which did not occur as a result of a circumstance for which the hotel is responsible, is excluded.
(14) The hotel shall be obligated to compensate for damages - regardless of the legal basis - only to the extent that
a) the hotel culpably breaches a material contractual obligation in a manner that jeopardizes the purpose of the contract; or
b) the damage is attributable to a case of default or impossibility for which the hotel is responsible; or
c) the damage can be covered by an insurance policy which the hotel has taken out or could reasonably have taken out; or
d) the damage is a typical danger to life or health.
(15) In the event of a breach of material contractual obligations, default or impossibility, the Hotel shall be liable only for foreseeable and direct damage, unless it is guilty of intent or gross negligence. Insofar as claims for damages are excluded or limited in accordance with the above paragraphs, this exclusion or limitation shall also include claims in tort and claims against employees and vicarious agents of the hotel.
(16) Liability for items brought into the hotel remains unaffected by the above provisions. Further details are regulated in Section I.11. of these General Terms and Conditions.
17) Insofar as a parking space is made available to the guest in a hotel parking lot, even for a fee, this does not constitute a custody agreement. The hotel shall not be liable for loss of or damage to motor vehicles parked or maneuvered on the hotel's property and their contents, unless the hotel is responsible for intent or gross negligence. This also applies to vicarious agents of the hotel.
The contract partner is obligated to report any defects to the hotel immediately, at the latest upon departure. Claims of the contract partner must be asserted in writing against the hotel within one month after the contractually stipulated completion of the service provision. Claims of the contractual partner shall become statute-barred after six months. The statute of limitations begins with the calendar day on which the service provision was to be terminated according to the contract.
19. place of jurisdiction for all disputes arising between the parties from the contractual relationship is Bad Kissingen. The law of the Federal Republic of Germany shall apply.
20. verbal or written additional agreements are not made. Amendments or supplements must be made in writing to be legally effective. The same applies to the waiver of the written form requirement.
Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the legal validity of the remaining contents of the contract. The two contracting parties undertake to replace the legally invalid provision by a legally valid provision that comes closest to the economic purpose and the analogous content of the invalid. In all other respects, the statutory provisions shall apply.
II Additional Terms and Conditions for Events (Seminars, Conferences and Banquets)
1. reservations for events shall only become binding for the hotel if the organizer signs the order confirmation sent to him by the hotel and this is received by the hotel within the set period of time, and the advance payment of at least 30%, if required, has been made. Reserved function rooms are only available to the contract partner at the time agreed in writing. Any use of the function rooms beyond the agreed period requires the prior consent of the Events Department. Any deviation from this regulation requires the written consent of the hotel. Section I.10. of these General Terms and Conditions shall apply accordingly to cancellations. In the event of a cancellation, the deposit will be offset against the cancellation fees.
2. in the event of cancellation of event rooms with consumption, the provision costs shall be paid as a lump-sum loss of profit, unless the client proves that a loss of profit was not incurred in the lump-sum amount. The calculation shall be based on the expected turnover, whereby the order confirmation shall be decisive. Section I.10. of these General Terms and Conditions shall apply analogously. 3.
The size of the seminar room is based on the number of participants agreed upon in the order confirmation. Exceeding the number of participants upwards compared to the guaranteed number will be accepted by the hotel up to a maximum of 5%, which insofar guarantees a smooth running of the event subject to additional costs. Exceeding the number of participants requires prior agreement with the hotel. If the number of participants is exceeded, the actual number of participants will be used as the basis for billing. In the event that the number of participants is exceeded, the organizer shall compensate the hotel separately for any additional expenses incurred as a result. 4.
If the number of participants is reduced by more than 10% from the originally reserved number, 90% of the originally reserved number of participants will be charged for all booked services. This regulation applies as soon as the signed order confirmation has been received by the hotel.
5. the hotel reserves the right to make changes to the room, insofar as this is reasonable for the organizer, taking into account the interests of the hotel.
6. the organizer may not bring food and beverages to the events, if these are not the subject of the event and serve demonstration purposes. In special cases (national specialties, kosher food, etc.) a deviating agreement can be made in writing. In such cases, a service fee or corkage fee, the amount of which is to be determined in the agreement, will be charged. 7.
7. a request for change on the day of the event with regard to the furnishings, equipment and seating can only be complied with if an agreement has been reached on the costs involved.
8. the installation of decorative material or other objects is prohibited without prior written consent of the hotel. The organizer shall be liable for any damage to the furnishings or inventory caused during set-up or dismantling, as well as during the event by event participants or visitors, employees, other third parties from his area or himself and for which the hotel is not responsible. The same applies to the loss of property of the hotel. The organizer is recommended to take out insurance for damages for which the hotel is not responsible. 9.
9. any necessary insurance of exhibition or decoration items brought in shall be the responsibility of the client. The Hotel shall be liable for such items in accordance with the principles of gratuitous safekeeping pursuant to Section 690 of the German Civil Code. Accordingly, the hotel shall only be liable for the care it takes in its own affairs. 10.
10. should malfunctions or defects occur in the technical or other equipment provided by the hotel, the hotel shall immediately take remedial action. A withholding of the reduction of the payment cannot be derived from this. Insofar as the Hotel procures technical or other equipment from third parties for the Organizer, it shall act on behalf and for the account of the Organizer. The organizer shall be liable for the careful handling and proper return of these items and shall indemnify the hotel against all claims by third parties arising from the provision of these items.
11. if music is used within the scope of the event, the organizer shall, if necessary, register the event with GEMA. The hotel shall be indemnified by the organizer with respect to all claims arising from the unauthorized use of the rights of GEMA or third parties.
12. if the start or end time of the event is postponed without the prior written consent of the hotel, the hotel may charge any additional costs incurred for the readiness to perform, unless the hotel is responsible for this circumstance.
13. The publication of the name of the Hotel Ullrich Betriebsgesellschaft mbH *Elfershausen* , in which the event takes place, is only permitted if a representative of the hotel agrees in writing. Excluded from this is the publication of the hotel name for the purpose of indicating the location of the event and any directions, provided that it is not a publication in media accessible to an unlimited number of persons and provided that the hotel name is not particularly emphasized in relation to the rest of the text.
14. If the organizer of an event is a political, religious or ideological group, the effectiveness of the contract also requires the approval of the hotel management until the contract is suspended invalid. If the management's approval is not granted even afterwards, the contract shall be invalid and the hotel shall be entitled to refuse performance. In this case, the organizer is obligated to reimburse all expenses incurred by the hotel in reliance on the validity of the contract.
15. the marked emergency exits may not be obstructed or restricted.
III Additional Terms and Conditions for Groups
1. groups in the sense of these terms and conditions are travel groups with a minimum number of 15 persons booked, there is joint arrival and departure. Only one total invoice will be issued and, if necessary, handed over to the tour guide. For a group with less than 15 people, the prices for individual travelers apply. There is no right to grant group prices; on the basis of individual agreement group prices can be granted depending on availability and demand.
2. reservations must be confirmed in writing:
a) Series groups are confirmed by signing the contract.
b) Point groups are confirmed 42 calendar days before the arrival of the respective group.
The final list of names of the members of the respective group must be communicated to the hotel 14 calendar days prior to arrival.
3. the hotel sends the organizer a reservation confirmation with the essential elements of the recorded reservation and information on check-in and payment terms.
4. number and cancellation
a) Series groups:
The advance payment amounts to the amount corresponding to the accommodation costs of an average stay. This amount is due 14 calendar days before the first arrival and will be charged against the last stay of the series.
b) Point groups:
Reservations are binding for the hotel only after 50% deposit and 42 calendar days before the arrival of the group, if the organizer has its residence or registered office abroad, after 100% deposit and 42 calendar days before the arrival of the group. This deposit will be retained by the hotel in case of cancellation if the cancellation is made within 42 calendar days before the arrival of the group.
In the case of cancellations for groups, point I.8. of these General Terms and Conditions shall otherwise apply accordingly.
5. all costs in addition to the usual contractual services, such as telephone, minibar, etc., unless otherwise stipulated in the contract, are to be paid by each participant upon departure. In case of non-payment by the individual participants, the organizer is liable.
IV. Additional Terms and Conditions Vouchers
1. the payment of the vouchers which are bought on our website is done by Click&Buy.