GTC

General Terms and Conditions of

Meiser Hotel GmbH

These terms and conditions apply to contracts for the rental of conference, banquet and event rooms of the hotel for the organization of events such as banquets, seminars, conferences, etc. as well as for all other related services and deliveries of the hotel.
The subletting or re-letting of the rooms, areas or showcases provided as well as invitations to job interviews, sales or similar events require the prior written consent of the hotel.
The organizer's terms and conditions shall only apply if this has been expressly agreed in writing.

Conclusion of contract, partners, liability

The contract is concluded by the hotel's acceptance of the application (confirmation) to the organizer; these are the contracting parties.
If the customer/purchaser is not the organizer himself 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.
The hotel is liable for its obligations arising from the contract. This liability is limited to deficiencies in performance which are attributable to intent or gross negligence on the part of the hotel, except in the area of typical performance. In all other respects, the organizer is obliged to inform the hotel in good time of the possibility of exceptionally high damages.

Services, prices, payment

The hotel is obliged to provide the services ordered by the organizer and promised by the hotel.
The organizer is obliged to pay the hotel's agreed prices for these services. This also applies to services and expenses incurred by the hotel to third parties in connection with the event.
If the period between the conclusion of the contract and the event exceeds 4 months and the price generally charged by the hotel for such services increases, the contractually agreed price may be increased appropriately, but by no more than 10%.
Hotel invoices without a due date are payable in full within 8 days of the invoice date. In the event of late payment, the hotel is entitled to charge interest at a rate of 4% above the respective discount rate of the Deutsche Bundesbank. The organizer reserves the right to prove lower damages, the hotel reserves the right to prove higher damages.
The hotel is entitled to demand a reasonable advance payment at any time. The amount of the advance payment and the payment dates may be agreed in writing in the contract.

Withdrawal of the hotel

If the advance payment is not made even after a reasonable grace period set by the hotel with a threat of refusal has expired, the hotel is entitled to withdraw from the contract.
Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, for example if
- force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract
- events are booked under misleading or false statements of material facts, e.g. the organizer or purpose;
- the hotel has reasonable grounds to believe that the event may jeopardize the smooth operation, safety or public reputation of the hotel, without this being attributable to the hotel's sphere of control or organization.
- there is a violation of "Scope of application paragraph 2".
3. the hotel must inform the organizer immediately of the exercise of the right of withdrawal.
4. the organizer shall have no claim for damages against the hotel, except in the case of intentional or grossly negligent conduct on the part of the hotel.

Withdrawal by the organizer (cancellation)

If the organizer withdraws, the hotel is entitled to charge the agreed rent or, in the case of conference arrangements without separate room rental, to charge a pro rata room rental fee of € 8 per person and seminar day. This shall apply if it is no longer possible to re-let the room.
If the organizer only withdraws between the 8th and 4th week before the date of the event, the hotel is entitled to charge 35% of the lost food sales in addition to the agreed rental price, and 70% of the food sales in the event of any later withdrawal.
The calculation of food sales is based on the formula Buffet or menu price banquet x number of persons If no price has yet been agreed for the menu, the cheapest 3-course menu of the respective valid event offer shall be used as a basis.
Saved expenses according to 2. and 3. are thus compensated. The organizer reserves the right to prove lower damages, the hotel reserves the right to prove higher damages.

Meiser GmbH
Meiser Vital Hotel / Rosengarten
Grenzstr. 42
Veitswender Str. 10
74579 Fichtenau-Neustädtlein

Meiser Hotel GmbH
Meiser Design Hotel
New avenue 4
91550 Dinkelsbühl

Changes to the number of participants and the time of the event

A change in the number of participants by more than 5% must be notified to the banqueting department at least 5 working days before the start of the event; it requires the hotel's consent.
A reduction in the number of participants by a maximum of 5% will be recognized by the hotel when invoicing. In the event of deviations exceeding this, the originally registered number of participants minus 5% shall be taken as the basis.
In the event of an upward deviation, the actual participants will be charged.
If the number of participants deviates by more than 10%, the hotel is entitled to redetermine the agreed prices and to exchange the confirmed rooms, unless this is unreasonable for the organizer.
If the agreed start or end times of the event are postponed without the prior written consent of the hotel, the hotel may charge additional costs for the readiness to perform, unless the hotel is at fault.

Bringing food and drinks

The organizer may not bring food and drinks to events. Exceptions require a written agreement with the banqueting department. In these cases, a contribution to cover overheads will be charged.

Technical equipment and connections

Insofar as the hotel procures technical and other equipment from third parties for the organizer at the organizer's request, it shall act in the name of, on behalf of and for the account of the organizer. The organizer shall be liable for the careful handling and proper return of such equipment. The organizer shall indemnify the hotel against all third-party claims arising from the provision of such equipment.
The use of the organizer's own electrical equipment using the hotel's electricity network requires the hotel's written consent. Any malfunctions or damage to the hotel's technical equipment caused by the use of such equipment shall be borne by the organizer, unless the hotel is responsible for them. The hotel may record and charge a flat rate for the electricity costs arising from the use of such equipment.
With the hotel's consent, the organizer is entitled to use its own telephone, fax and data transmission equipment. The hotel may charge a connection fee for this.
If suitable hotel equipment remains unused due to the connection of the organizer's own equipment, a cancellation fee may be charged.
Faults in technical or other equipment provided by the hotel will be rectified immediately if possible. Payments may not be withheld or reduced insofar as the hotel is not responsible for these faults.

Loss of or damage to items brought along

Any exhibits or other items, including personal items, are kept in the event rooms or in the hotel at the risk of the organizer. The hotel accepts no liability for loss, destruction or damage, except in cases of gross negligence or intent on the part of the hotel.
Decorations brought into the hotel must comply with fire regulations. The hotel is entitled to demand official proof of this. Due to possible damage, the installation and attachment of objects must be agreed with the hotel in advance.
Any exhibits or other items brought along must be removed immediately after the end of the event. If the organizer fails to do so, the hotel may remove and store the items at the organizer's expense. If the items remain in the event room, the hotel may charge room rental for the duration of their retention. The organizer reserves the right to prove lower damages, the hotel reserves the right to prove higher damages.

Liability of the organizer for damages

The organizer is liable for all damage to buildings or inventory caused by event participants or visitors, employees, other third parties from his area or himself.
The hotel may require the organizer to provide appropriate security (e.g. insurance, deposits, guarantees).

Final provisions

Amendments or additions to the contract, the acceptance of applications or these terms and conditions for events should be made in writing. Unilateral amendments or additions by the organizer are invalid.
The place of performance and payment is the hotel's registered office (Fichtenau / Dinkelsbühl)
The exclusive place of jurisdiction - also for disputes concerning checks and bills of exchange - is the registered office of the hotel in commercial transactions. If a contractual partner fulfills the requirements of § 38 paragraph 1 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.
German law applies.

Should individual provisions of these General Terms and Conditions for Events be invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.
Managing Director:

Thomas Meiser, Armin Meiser

Ulm Local Court HRB 671317
Registered office of the company: Fichtenau