Note: This English translation of our General Terms and Conditions is provided for convenience only. The German version shall be legally binding.
Status: 25.04.2023
A. Scope of Application
The following terms and conditions apply to all services provided by Wienecke XI. Hotel Hannover GmbH (hereinafter referred to as “Hotel”) to the customer (uniform designation for client, organizer, guest, etc.). Where individual conditions are intended to apply only to hotel accommodation or only to events, this is stated separately.
The subletting or re-letting of any premises provided by the Hotel to the guest for purposes other than those specified requires the prior written consent of the Hotel.
The customer’s terms and conditions shall only apply if expressly agreed upon.
B. Conclusion of Contract, Contracting Parties, Liability
The contract is concluded upon the Hotel’s acceptance of the offer (reservation confirmation) with the customer. For room bookings, the Hotel is free to confirm the room booking in writing. Insofar as this confirmation contains deviations from the GTC, the terms of the confirmation letter shall apply.
The contracting parties are the Hotel and the customer. If, in the case of events, the customer is not the organizer itself or if the customer engages a commercial agent or organizer, the customer shall be liable together with such party as joint and several debtors for all obligations arising from this contract.
For overnight stays, a third party who has made a booking on behalf of the customer shall only be jointly and severally liable with the customer if a corresponding declaration from said third party has been provided.
The Hotel shall be liable for its obligations under this contract. In areas not typical to the service, liability is limited to intent and gross negligence.
In the context of events, the customer is obliged to inform the Hotel in good time of the possibility of exceptionally high damages occurring.
C. Services, Prices, Payment, Set-off
Obligations to Perform
The Hotel is obliged to provide the services ordered by the customer and agreed to by the Hotel.
The customer is obliged to pay the applicable or agreed prices for the services and for any services and expenses of the Hotel initiated by the customer – including those to third parties where applicable.
Pricing
Prices are determined according to the price list valid at the time of service provision. If there is an increase in VAT after conclusion of the contract, the statutory VAT rate applicable at the time of service provision shall apply. If the Hotel is required to pay future taxes or levies that arise or become due and are directly related to the service contract (e.g. bed tax), these may be added to the agreed price.
Minimum Turnover for Events
The minimum turnover per event is €1,500. Regardless of the minimum turnover, the customer guarantees a turnover of €8.50 per guest and hour of the event. This minimum turnover per guest increases to €12.50 between 12:00 midnight and 1:00 a.m., and further to €14.50 between 1:00 a.m. and 2:00 a.m., as well as to €17.50 for events that are not concluded by 2:00 a.m. (see Section E, Item 8). The turnover is calculated per commenced 30 minutes and applies as long as not all guests have left the premises.
For conferences – in deviation from sentence 1 – a minimum turnover of €5.50 per participant and hour applies for the period from 6:00 a.m. to 6:00 p.m. Thereafter, the minimum turnovers according to Item 4 apply. Conference packages are valid for a maximum of 9 hours; thereafter the customer guarantees the minimum turnover according to Item 4, sentence 1 ff. The room rental applies for 9 hours; usage beyond this will be charged proportionally to the rental costs per commenced hour.
Price Adjustments for Catering
If prices for catering are stated in the order confirmation and more than 2 months elapse between conclusion of the contract and provision of services, these are subject to the proviso that purchase prices do not increase significantly (+3%). The Hotel is entitled to submit a new offer to the customer for this partial service of catering, which the customer is not obliged to accept. The remaining service components in the Hotel’s offer remain unaffected by this.
Advance Payments
The Hotel may require an appropriate advance payment from the customer and/or third party within a reasonable period. If payment is not made after expiry of this period and after expiry of a reasonable grace period with threat of refusal, the Hotel has the right to withdraw from the contract.
The Hotel’s claims are generally due and payable upon departure after the rental/event.
Invoice Correction
If the customer has provided an incorrect contact address, necessitating the Hotel to issue a corrected invoice, the Hotel is entitled to charge the customer a flat fee of €30.00 plus VAT for the service of reissuing the invoice.
D. Customer Withdrawal (Cancellation)
Fundamental Payment Obligation
For booked services or rooms rented through an accommodation contract, the agreed fee must be paid even if the booking is subsequently cancelled by the customer or the customer does not appear (§ 537 I BGB (German Civil Code)). This does not apply in the event of default of performance by the Hotel or impossibility for which the Hotel is responsible.
Business Customer Provision
The above cancellation provisions do not apply if the customer who made the booking is an entrepreneur within the meaning of § 14 BGB (German Civil Code) and a 100 percent no-show fee was agreed with the customer at the time of reservation. In this case, the customer must pay the full booking price in the event of subsequent cancellation.
Flat-Rate Expense Savings
The Hotel’s saved expenses are calculated as a flat rate and amount to 20% for accommodation only, 40% for accommodation with meals, and 30% for exclusively ordered food and beverages of the valid or agreed price. For cancellations of accommodation 11 to 20 days before arrival, the saved expenses increase by 15%, for 21 to 30 days by 30%, for 31 to 40 days by 55%; for cancellations over 40 days, the customer is released from their payment obligation. The customer reserves the right to prove lower expenses, the Hotel reserves the right to prove higher expenses. Insofar as the Hotel has income from alternative rental, this will be credited. In case of deviations in the Hotel’s confirmation letter, these shall apply and replace the GTC to that extent.
Cancellation Provisions for Events
If events are cancelled, the client/organizer is entitled to withdraw from a reservation free of charge up to a certain point in time before the start of the event. After this free cancellation deadline, portions of the total quantities (rooms, conference packages, room rentals, etc.) can be cancelled free of charge:
Events from 1 to 9 room units/day or events from 1 to 9 persons/day
- up to 28 days before the start of the event: 100% of the agreed total quantities
- 27 days to 7 days before the start of the event: 50% of the agreed total quantities
- 6 days to 1 day before the start of the event: 5% of the agreed total quantities
Events from 10 to 50 room units/day or events from 10 to 50 persons/day
- up to 42 days before the start of the event: 100% of the agreed total quantities
- 41 days to 21 days before the start of the event: 50% of the agreed total quantities
- 20 days to 14 days before the start of the event: 25% of the agreed total quantities
- 13 days to 7 days before the start of the event: 10% of the agreed total quantities
- 6 days to 1 day before the start of the event: 5% of the agreed total quantities
Events from 51 to 100 room units/day or events from 51 to 100 persons/day
- up to 90 days before the start of the event: 100% of the agreed total quantities
- 89 days to 42 days before the start of the event: 50% of the agreed total quantities
- 41 days to 28 days before the start of the event: 25% of the agreed total quantities
- 27 days to 14 days before the start of the event: 10% of the agreed total quantities
- 6 days to 1 day before the start of the event: 5% of the agreed total quantities
Events from 101 to 200 room units/day or events from 101 to 200 persons/day
- up to 180 days before the start of the event: 100% of the agreed total quantities
- 179 days to 90 days before the start of the event: 50% of the agreed total quantities
- 89 days to 42 days before the start of the event: 25% of the agreed total quantities
- 41 days to 21 days before the start of the event: 10% of the agreed total quantities
- 20 days to 7 days before the start of the event: 5% of the agreed total quantities
- 6 days to 1 day before the start of the event: 2% of the agreed total quantities
Events from 201 to 500 room units/day or events from 201 to 3500 persons/day
- up to 270 days before the start of the event: 100% of the agreed total quantities
- 269 days to 180 days before the start of the event: 20% of the agreed total quantities
- 179 days to 60 days before the start of the event: 10% of the agreed total quantities
- 59 days to 14 days before the start of the event: 5% of the agreed total quantities
- 6 days to 1 day before the start of the event: 2% of the agreed total quantities
In case of deviations in the Hotel’s confirmation letter, these shall apply and replace or supplement the GTC to that extent. The organizer reserves the right to prove lower damages, the Hotel reserves the right to prove higher damages. Income from possible re-rental to third parties will be offset against the Hotel’s claim.
Data Protection with External Service Providers
The Hotel works in part with external service providers who are involved in the provision of services (e.g. catering). Beyond the data protection provisions published on the website, the customer agrees with their booking that their personal data will be passed on to the external service provider, provided that the latter complies with the applicable data protection provisions according to the declaration.
E. Withdrawal by the Hotel (§ 346 BGB (German Civil Code))
The Hotel is entitled to withdraw from the contract for objectively justified reasons, for example if:
- force majeure or other circumstances beyond the Hotel’s control make fulfillment of the contract impossible;
- rooms and events are booked under misleading or false statements of material facts, e.g. regarding the identity of the customer or the purpose;
- the Hotel has reasonable grounds to believe that the use of the hotel services may jeopardize the smooth operation of business, the security or the reputation of the Hotel in public, without this being attributable to the Hotel’s sphere of control or organization.
The Hotel must inform the customer immediately of the exercise of the right of withdrawal. In the case of justified withdrawals, claims for damages by the customer are excluded.
F. Number of Participants, Event Proceedings, Liability
Changes in Number of Participants
In the event of deviations in the number of participants by more than 10%, the Hotel is entitled to set new agreed prices and to change the confirmed rooms, unless this is unreasonable for the organizer. The agreements on minimum turnover according to C 4 and 5 remain unaffected by this.
Official Permits
The customer must obtain necessary official permits for an event in good time at their own expense. They are responsible for compliance with public law requirements and other regulations. Fees payable to third parties for the event, in particular GEMA fees, entertainment tax, etc., must be paid directly to the third party.
Technical Equipment
Insofar as the Hotel procures technical or other equipment or services from third parties for the customer, it acts with power of attorney and for the account of the customer and is not part of the minimum turnover according to C Item 4; the customer is liable for the careful handling and proper return of the equipment and indemnifies the Hotel against all third-party claims arising from the provision.
Food and Beverages
The customer may not bring food and beverages to events as a matter of principle. In special cases (e.g. national specialties), a written agreement can be made; at minimum, a service charge or corkage fee will be charged.
Duty to Disclose Public Interest
The customer undertakes to inform the Hotel immediately and without request, but at the latest upon conclusion of the contract, if the provision of services and/or the event, whether due to its political, religious or other character, is likely to arouse public interest or affect the interests of the Hotel. Newspaper advertisements, other advertising measures and publications that reference the Hotel and/or that contain, for example, invitations to interviews or sales events, require the written consent of the Hotel. The customer must use the logo prescribed by the Hotel for newspaper advertisements, other advertising measures and publications. If the customer violates these obligations, the Hotel has the right to withdraw from the contract.
Event End Time and Electrical Systems
Events for which no end time has been contractually agreed must end by 2:00 a.m. The use of the organizer’s own electrical equipment using the Hotel’s power grid requires its written consent. Malfunctions or damage to the Hotel’s technical systems caused by the use of this equipment shall be at the expense of the organizer, provided the Hotel was not responsible for them. The Hotel may record and charge the electricity costs incurred through use as a flat rate.
Communication Facilities
The organizer is entitled to use their own telephone, fax and data transmission equipment with the Hotel’s consent. The Hotel may charge a connection fee for this.
Liability of the Organizer
The organizer is liable for all damage to the building or inventory caused by event participants or event visitors, employees, other third parties from their sphere or by themselves.
Security
The Hotel may require the organizer to provide appropriate security.
Decorations and Exhibitions
The attachment of decorative material or similar as well as the use of areas in the Hotel outside the rented rooms, e.g. for exhibition purposes, requires the written consent of the Hotel and may be made dependent on payment of additional remuneration. These and other items brought in by customers must comply with local fire regulations and other regulations. If they are not collected immediately, but at the latest within 12 hours after the end of the event, storage will take place in the Hotel, for which appropriate remuneration, at least equal to the rental costs for the room used, is owed by the customer. Waste left behind by the customer may be disposed of by the Hotel at the customer’s expense.
G. Room Provision, Handover and Return
Booked rooms are available to the customer from 3:00 p.m. They must be vacated by 11:00 a.m. at the latest on the day of departure. If the rooms are not vacated by the customer by 11:00 a.m. at the latest, the Hotel may charge half the room rate for continued use of the room (arising from failure to vacate on time) until 5:00 p.m. If not vacated by 5:00 p.m., the full room rate is due.
Unless a later arrival time than 6:00 p.m. has been expressly agreed for the day of arrival or the customer has notified their later arrival in writing in advance, the Hotel has the right to allocate booked rooms to other guests after 6:00 p.m.; this does not establish any contractual claims by the customer. The customer does not acquire any claim to the provision of specific rooms or premises. Should these be confirmed in the order confirmation but not be available, the Hotel is obliged to endeavor to provide equivalent replacement in the house or in other properties.
H. Hotel Liability, Standard of Care
The Hotel is liable for the due diligence of a prudent businessman (Sorgfalt eines ordentlichen Kaufmanns). Should disruptions or defects in the Hotel’s services occur, the Hotel will endeavor to remedy them upon immediate complaint by the customer. Independent of § 701 ff. BGB (German Civil Code), the Hotel is only liable in cases of intent or gross negligence on the part of the legal representatives of the hotel company or the Hotel’s senior employees. Safekeeping requires express agreement. Set-off, reduction or retention are only permissible for the customer in the case of undisputed or legally established counterclaims. Any liability of the Hotel is – apart from § 701 ff. BGB (German Civil Code) – limited in amount to the statutory maximum. The limitation period for all contractual and statutory claims of the customer beyond § 548 II BGB (German Civil Code) is 6 months, calculated from the end of the contract, unless there was intentional conduct.
The Hotel carries out wake-up calls with the due diligence of a prudent businessman (Sorgfalt eines ordentlichen Kaufmanns); however, liability for untimely wake-up calls is only possible in cases of intent or gross negligence.
Messages, mail and goods deliveries intended for the customer are handled with this due diligence. The Hotel undertakes the storage, delivery and forwarding of the same for a fee. Items left behind by the customer will only be forwarded upon request and at the risk and expense of the customer. The Hotel stores the items for six months and charges an appropriate fee for this. Thereafter, the items, if they have recognizable value, will be handed over to the local lost property office.
I. General Liability of the Customer
For damage or losses that occur during the contract period, the customer is liable to the Hotel, unless the damage lies within the Hotel’s area of responsibility or was caused by a third party and the third party actually provides compensation, which must be proven by the customer in each case.
K. Due Dates, Delay in Payment
Invoices not due on a specific calendar date are payable within 10 days from the invoice date without deduction. From the onset of default, the invoice shall bear interest at 5% or 9% above the base rate according to § 288 I, II BGB (German Civil Code), unless the Hotel proves higher or the customer proves lower default damages. For each reminder after the onset of default, a reminder fee of €10.00 is due.
Final Provisions
Place of performance and payment for both parties is Hanover. German law applies. In commercial transactions, the place of jurisdiction is Hanover. Deviating agreements or side agreements require written form to be effective. Should individual provisions of the contract – including these terms and conditions – be invalid, this does not affect the validity of the remaining provisions.