1. Scope of application
The provision of conference and banqueting rooms for the holding of events as well as for all services and deliveries rendered in this context. Separate contractual conditions apply to the hotel room area and to the rental of rooms, showcases or areas for commercial use.
2. Reservations
Reservations of rooms and spaces as well as related agreements of other services and deliveries shall only become binding for Hotel Aspethera and the organiser upon confirmation by Hotel Aspethera. Offers made are always subject to change.
3. Subletting or subleasing
Subletting or subleasing of rooms and areas is only permitted with the express permission of Hotel Aspethera.
4. Client
Clients who are not also organisers shall be jointly and severally liable with the organiser for the fulfilment of all agreements.
5. Prices
Prices are in €; they include the statutory VAT. Any increase in VAT after conclusion of the contract shall be borne by the client. If the period between the conclusion of the contract and the provision of services exceeds 120 days, Hotel Aspethera reserves the right to make price changes.
6. Payments
The invoices of Hotel Aspethera are payable within 10 days of receipt without deduction.
7. Offsetting
Offsetting of the orderer with claims of any kind is inadmissible, as is the withholding of payments to the hotel due to such claims. The assignment of a claim against the hotel is excluded.
8. To ensure a smooth preparation
In order to be able to guarantee smooth preparations, it is necessary that the organiser informs Hotel Aspethera of the exact number of persons at least 7 days before the start of the event.A maximum 5% downward deviation in the number of persons will be accepted when invoicing. Any further deviation in the number of persons cannot be accepted and shall be borne by the organiser. If the hotel is not notified of a change in the number of persons by the organiser for large events of more than 200 persons up to 30 days before the event takes place, the originally ordered number shall apply. Deviations after this date can be taken into account up to a maximum of 5 %. If the number of persons exceeds this limit, the actual number of persons will be charged.
9. If an event cannot take place
If an event cannot be held without Hotel Aspethera being responsible for this, Hotel Aspethera shall retain the claim to payment of the provision costs and the room rental. Depending on the time at which the event is cancelled and which additional services, in particular catering, were provided, Hotel Aspethera shall also be entitled to reasonable remuneration. The amount of remuneration results from the order confirmation of Hotel Aspethera and amounts to:
10. At events
For events lasting until after midnight, additional costs may be charged to our staff.
11. GEMA:
All music events must be registered with GEMA in advance by the organiser. The fees shall be borne by the organiser. The KOLPING-FORUM Foundation/Hotel Aspethera shall be indemnified by the organiser in respect of any claims by GEMA arising from unauthorised use of the rights of GEMA or third parties (e.g. due to non-registration by the organiser).
12. For damages
or loss of Hotel Aspethera's fixed or mobile inventory caused during the event or during set-up or dismantling, the organiser shall be liable without proof of fault on the part of the hotel. Hotel Aspethera may require the conclusion of appropriate insurance policies.
13. The attachment of decorative material
or other objects requires the consent of Hotel Aspethera and is generally only permitted in the rented room. All decorative material must comply with fire safety requirements. If disposal is carried out via the hotel, this will be charged separately.
14. Items brought in:
Hotel Aspethera accepts no liability for loss or damage. If these are to be insured against fire, water, theft, damage or any other risk, the organiser must arrange the insurance himself.
15. For the storage of objects,
which exceeds the period of the payment terms listed above, Hotel Aspethera may exercise the right of lien until the final settlement of the invoice amount.
16. Bringing food and drinks
for consumption on the spot is not permitted. Exceptions are possible in consultation with the Hotel Aspethera and on payment of the house service charges in addition to the corkage fee.
17. Newspaper advertisements and direct mail,
containing invitations to events of any kind at the Hotel Aspethera require the written consent of the hotel. If publication takes place without the hotel's consent and if essential interests of the hotel are thereby impaired, the hotel reserves the right to cancel the event. Any costs incurred, lost revenue and possible claims for damages shall be borne by the organiser. In this case, clause 9 in conjunction with clause 20 terms and condition shall also apply.
18. In case,
that an event threatens to jeopardise the smooth running of the business, the safety or the reputation of the Hotel Aspethera, as well as in the event of force majeure, the hotel reserves the right to withdraw from the contract. The assertion of any claims for damages against the hotel is excluded.
19. Place of fulfilment
for all liabilities arising from the contractual relationship is Paderborn. The exclusive place of jurisdiction is Paderborn.
20. Should any provision
of these General Terms and Conditions be invalid, this shall not affect the validity of the other provisions. The invalid provision shall be replaced by a valid provision that comes as close as possible to it.
21. Deviating agreements
or ancillary agreements must be stipulated and confirmed in writing by both parties.
Withdrawal of the customer (cancellation)
1. Cancellation by the customer of the contract concluded with the hotel requires the hotel's written consent. If this consent is not given, the agreed price under the contract shall be payable even if the customer does not make use of contractual services. This shall not apply in cases of default in performance on the part of the hotel or an impossibility of performance for which the hotel is responsible.
2. If a date for withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer may withdraw from the contract up to that date without triggering claims for payment or damages on the part of the hotel. The customer's right to withdraw from the contract expires if he does not exercise his right to withdraw from the contract in writing vis-à-vis the hotel by the agreed date, unless there is a case of default in performance on the part of the hotel or an impossibility of performance for which the hotel is responsible.
3. In the case of rooms not used by the customer, the hotel shall offset the income from renting the rooms to other parties as well as the expenses saved.
4. The hotel is at liberty to set a flat rate for the damage incurred by it and to be compensated by the customer. The customer is then obliged to pay 90% of the contractually agreed price for overnight accommodation with or without breakfast, 70% for half board and 60% for full board arrangements. The customer is free to prove that no damage has been incurred or that the damage incurred by the hotel is lower than the flat rate demanded.