General Terms and Conditions for
Events and Conferences at Restaurant zum Rüssel / Hotel am Rüssel
1 SCOPE OF APPLICATION
1.1 These terms and conditions apply to contracts for the temporary rental of conference, banquet, and
event rooms of the hotel and/or the restaurant for the execution of events such as banquets,
seminars, conferences, etc., as well as for all related additional services and deliveries of the hotel
or restaurant.
1.2 The subletting or re-letting of the provided rooms, areas, or showcases, as well as invitations to
job interviews, sales, or similar events, require prior written consent.
1.3 The organizer’s terms and conditions shall only apply if expressly agreed in writing
beforehand.
2 CONCLUSION OF CONTRACT, CONTRACTING PARTIES, LIABILITY
2.1 The contract is concluded upon the hotel’s or the restaurant’s acceptance (confirmation) of the organizer’s
application. The contracting parties are Restaurant zum Rüssel or Hotel am Rüssel and the organizer.
2.2 If the customer/ заказчик is not the organizer themselves or if a commercial agent or organizer is engaged
by the organizer, they shall be jointly and severally liable with the organizer for all
obligations arising from the contract.
2.3 The hotel and the restaurant are liable for their own obligations under the contract. This liability is
limited to defects in performance that, except in the area typical of the service, are attributable to intent or gross negligence.
Otherwise, the organizer is obliged to inform the hotel and/or restaurant in good time of the
possibility of exceptionally high damage occurring.
3 SERVICES, PRICES, PAYMENT
3.1 The hotel and/or restaurant are obliged to provide the services ordered by the organizer and promised by the hotel and/or restaurant.
3.2 The organizer is obliged to pay the agreed prices of the hotel and/or restaurant for these services.
This also applies to services and expenses of the hotel and/or restaurant to third parties in connection with the event.
3.3 The agreed prices include the statutory value-added tax. A change in the VAT rate
would automatically lead to an increase in all stated prices. If the period between
conclusion of the contract and the event exceeds 4 months and the price generally charged by the hotel and/or restaurant for
such services increases, the contractually agreed price may be increased appropriately, but by no more than 10%.
3.4 Services of the hotel and/or restaurant are to be paid at the latest on the day of departure using the means of
payment accepted by the hotel. If an invoice is not paid immediately upon departure, the invoice is payable without
deduction within 10 days from the invoice date. The hotel and/or restaurant is entitled to demand payment of
accrued claims at any time and to demand immediate payment. In the event of default in payment, the hotel
and/or restaurant is entitled to charge interest at a rate of 4% above the respective base interest rate of the European
Central Bank. The organizer reserves the right to prove lower damage, and the hotel and/or restaurant reserves the
right to prove higher damage.
3.5. The hotel and/or restaurant is entitled to demand an advance payment at any time. The amount of the
advance payment and the payment dates can be agreed in writing in the contract.
3.6 Agreed prices include neither commission nor brokerage unless confirmed in writing.
4 HOTEL’S WITHDRAWAL
4.1 If the advance payment is not made even after expiry of a reasonable grace period set by the hotel and/or restaurant
with a threat of refusal, the hotel and/or restaurant is entitled to withdraw from the contract.
4.2 Furthermore, the hotel and/or restaurant is entitled to withdraw from the contract for objectively justified reasons,
for example, if force majeure or other circumstances for which the hotel and/or restaurant is not responsible
make the fulfillment of the contract impossible; events are booked under misleading or false information
regarding essential facts, e.g., the organizer or purpose; the hotel has reasonable grounds to
believe that the event may disrupt smooth business operations, security, or the hotel’s reputation
in public, without this being attributable to the hotel’s sphere of control or organization; a violation of the aforementioned reasons exists.
4.3 The hotel and/or restaurant must inform the organizer immediately of the exercise of the right of withdrawal.
4.4 The organizer has no claim for damages against the hotel and/or restaurant, except in cases of
intentional or grossly negligent behavior of the hotel and/or restaurant.
5 ORGANIZER’S WITHDRAWAL (CANCELLATION)
5.1 In case of the organizer’s withdrawal, the hotel and/or restaurant is entitled to charge the agreed rent,
provided that re-letting is no longer possible.
5.2 If the organizer withdraws only between 21 days and 8 days before the event date, the hotel
and/or restaurant is entitled to charge the room rental fee per agreed conference room.
5.3 If the organizer withdraws only between 07 days and 1 day before the event date, as well as in case of a no-show, the hotel and/or restaurant is entitled to charge 100% of the offer.
5.4 The calculation of food turnover is based on the formula: menu price x number of people. If a price has not yet
been agreed for the menu, the respective conference flat rate of the currently valid event offer will be used as a basis.
5.5 Saved expenses according to 5.2 and 5.3 are thereby covered. The organizer reserves the right to prove a
lower damage, and the hotel reserves the right to prove a higher damage.
6 CHANGES IN THE NUMBER OF PARTICIPANTS AND THE EVENT TIME
6.1 A change in the number of participants exceeding 5% must be communicated to the banquet department no later than 5 working days before the start of the event; it requires the consent of the hotel and/or restaurant.
6.2 A reduction in the number of participants of a maximum of 5% will be acknowledged by the hotel and/or restaurant in the billing. For deviations exceeding this, the originally reported number of participants minus 5% will be used as a basis.
6.3 In case of an upward deviation, the actual number of participants will be charged.
6.4 For deviations in the number of participants of more than 10%, the hotel and/or restaurant is entitled to
re-determine the agreed prices and to exchange the confirmed rooms, unless this is unreasonable for the
organizer.
6.5 If the agreed start or end times of the event are postponed without prior written consent of the hotel and/or restaurant, the hotel and/or restaurant may charge additional costs for the readiness to provide services, unless the hotel and/or restaurant is at fault.
7 BRINGING OWN FOOD AND BEVERAGES.
7.1 The organizer is generally not permitted to bring their own food and beverages to events. Exceptions
require a written agreement with the hotel and/or restaurant staff. In these cases, an amount
to cover overhead costs will be charged.
8 MEDIATED SERVICES
8.1 For services where the hotel and/or restaurant acts only as an intermediary, the respective organizer is liable
according to their own terms and conditions. If the hotel and/or restaurant procures technical and other
equipment from third parties for the organizer at their instigation, it acts in the name, with power of attorney, and for the account of the
organizer. The organizer is liable for the careful handling and proper return. They shall indemnify the
hotel and/or restaurant against all claims of third parties arising from the provision of this equipment.
8.2 The use of the organizer’s own electrical systems using the hotel and/or restaurant’s power grid
requires its written consent. Disruptions or damage to the technical systems of the hotel and/or restaurants
caused by the use of these devices shall be borne by the organizer, unless the hotel and/or restaurant is responsible for them. The resulting
electricity costs may be recorded and charged by the hotel and/or restaurant as a lump sum.
8.3 With the hotel’s consent, the organizer is entitled to use their own telephone, fax, and
data transmission equipment. The hotel may charge a connection fee for this.
8.4 If suitable equipment of the hotel and/or
restaurant remains unused due to the connection of the organizer’s own equipment, a compensation for lost revenue may be charged.
8.5 Malfunctions in technical or other equipment provided by the hotel and/or restaurant
will be remedied immediately if possible. Payments cannot be withheld or reduced if the
hotel and/or restaurant is not responsible for this malfunction.
9 LOSS OR DAMAGE TO BROUGHT-IN ITEMS
9.1 Exhibited or other items, including personal belongings, brought along are at the organizer’s risk
in the event rooms or in the hotel and/or restaurant. The hotel and/or restaurant assumes no liability for loss,
destruction, or damage, except in cases of gross negligence or intent.
9.2 Decoration materials brought in must comply with fire safety regulations. The hotel and/or restaurant is
entitled to demand official proof of this. Due to possible damage, the setup and attachment of objects
must be agreed with the hotel and/or restaurant beforehand.
9.3 The exhibited or other items brought along must be removed immediately after the end of the event.
If the organizer fails to do so, the hotel and/or restaurant may arrange for the removal and storage at the organizer’s expense.
If the items remain in the event room, the hotel and/or
restaurant may charge room rental for the duration of their stay. The organizer reserves the right to prove a lower damage,
and the hotel and/or restaurant reserves the right to prove a higher damage.
10 LIABILITY OF THE ORGANIZER FOR DAMAGES
10.1 The organizer is liable for all damage to buildings or inventory caused by event participants or
visitors, employees, other third parties from their area, or themselves.
10.2 The hotel and/or restaurant may demand the provision of appropriate security (e.g.,
insurance, deposits, guarantees) from the organizer.
11 FINAL PROVISIONS
11.1 Amendments or supplements to the contract, the acceptance of the application, or these terms and conditions for
events must be made in writing. Unilateral amendments or supplements by the organizer are
ineffective.
11.2 The place of performance and payment is the registered office of the hotel and/or restaurant.
11.3 The exclusive place of jurisdiction – also for disputes concerning checks and bills of exchange – in commercial transactions is the
registered office of the hotel and/or restaurants. If a contracting party meets the requirements of § 38 paragraph 1 of the German Code of Civil Procedure (ZPO) and
does not have a general place of jurisdiction in Germany, the registered office of the hotel and/or restaurant shall be the place of jurisdiction.
11.4 Should individual provisions of these General Terms and Conditions for Events be or become invalid or
void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory
provisions shall apply.