Terms & Conditions – art'appart Berlin

I. Scope, subletting and application of other GTCs

1. These General Terms and Conditions (GTC) shall apply – unless otherwise agreed in accordance with these Terms and Conditions – to contracts for the rental of hotel rooms for accommodation, the rental of conference, banquet and event rooms of the hotel for the holding of meetings, conferences and events of any kind as well as to all other deliveries and services of the hotel provided to the guest in this connection.

2. The subletting or reletting of the let rooms, spaces or showcases, the use of the let hotel rooms for other than accommodation purposes, public invitations or other advertising measures, invitations to job interviews, sales and similar events and the use of hotel spaces outside the let rooms for the aforementioned events shall require the prior written consent of the hotel and may be made subject to the payment of additional remuneration.

3. General terms and conditions of the guest shall only apply if this has been expressly agreed in writing in advance.

II. Conclusion of Contract, Contracting Parties; Liability

1. The contract shall be concluded by the hotel’s acceptance of the guest’s application. The hotel is free to confirm the booking in writing. The contracting parties are the hotel and the guest.

2. If a third party has ordered on behalf of the guest, if the guest himself is not the organiser or if a commercial intermediary or organiser is engaged by the organiser, the third party or the organiser shall be jointly and severally liable to the hotel together with the guest for all obligations arising from the contract.

3. The guest is obliged to inform the hotel without being asked, at the latest upon conclusion of the contract, if the use of the hotel service is likely to jeopardise the smooth running of the business, the safety or the reputation of the hotel in the public.

III. Services, Prices, Payment, Offsetting

1. The hotel is obliged to keep ready the rooms and premises booked by the guest and to provide the services promised by the hotel.

2. The guest is obliged to pay the applicable or agreed prices of the hotel for the provision of the rooms and premises and the other services used by him or his event participants. The guest shall be liable for the payment of all services used by the event participants as well as for the costs caused by them. This shall also apply to services, costs and expenses of the hotel to third parties caused by the guest and to claims of copyright exploitation societies.

3. The agreed prices include the respective statutory value added tax. Not included are local taxes which are owed by the guest according to the respective local law, such as visitor’s tax. If the statutory value-added tax changes, the prices shall be adjusted accordingly; the hotel shall be entitled to subsequently charge the increase in value-added tax. If the period between conclusion and performance of the contract exceeds four months and if the price generally charged by the hotel for such services increases, the hotel may increase the contractually agreed price at its reasonable discretion, but by no more than 5%.

4. The prices are based on the number of guests stated at the time of booking. Any deviation in the number of guests, in particular with regard to the occupancy of the booked rooms, requires the consent of the hotel. Furthermore, the prices may be changed by the hotel if the guest subsequently requests changes in the number of rooms booked, the number of guests indicated, the service provided by the hotel or the length of stay of the guests and the hotel agrees thereto.

5. Invoices of the hotel are due for payment immediately upon receipt without deduction. The hotel may demand immediate payment of due receivables from the contract partner at any time. The contract partner shall be in default at the latest if it fails to make payment within 30 days of the due date and receipt of an invoice; this shall apply to a contract partner who is a consumer only if specific reference has been made to these consequences in the invoice. In the event of default in payment, the hotel shall be entitled to charge the statutory default interest applicable at the time. For each reminder after the occurrence of default, the guest shall reimburse reminder costs in the amount of € 5.00 to the hotel. All further costs incurred in the course of collection shall be borne by the guest.

6. The hotel is entitled to demand a reasonable advance payment or security deposit, e.g. in the form of a credit card guarantee or deposit or similar, upon conclusion of the contract or thereafter. The amount of the advance payment and the payment dates may be agreed in writing in the hotel accommodation contract. In justified cases, e.g. payment arrears on the part of the customer or extension of the scope of the contract, the hotel shall be entitled, even after conclusion of the contract until the start of the event, to demand an advance payment or security deposit or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.

7. The customer may only set off or offset an undisputed or legally enforceable claim against a claim of the hotel.

8. The guest may only offset or assert a right of retention against claims of the hotel with undisputed or legally established claims.

IV. Withdrawal of the guest (cancellation/non-claiming of the hotel’s services)

1. Cancellation by the guest of the contract concluded with the hotel requires the written consent of the hotel. If this is not given, the agreed price under the contract shall be payable even if the guest does not make use of contractual services. This shall not apply in the event of a breach of the hotel’s obligation to show consideration for the rights, legal assets and interests of the guest if the guest can no longer reasonably be expected to adhere to the contract as a result or is entitled to any other statutory or contractual right of withdrawal.

2. If the hotel and the guest have agreed in writing on a period of time for withdrawal from the contract free of charge, the guest may withdraw from the contract until then without triggering payment or damage claims by the hotel. The customer’s right of withdrawal shall expire if he does not exercise his right of withdrawal in writing vis-à-vis the hotel by the agreed date, unless a case of withdrawal by the customer pursuant to number 1, sentence 3 exists.

3. In the case of rooms and function rooms not used by the guest without timely declaration of withdrawal free of charge, the hotel shall credit the income from renting the rooms to other parties as well as the saved expenses.

4. In the cases of the aforementioned number 3, the hotel is at liberty to demand the contractually agreed remuneration and to make a flat-rate deduction for saved expenses. In this case, the guest shall be obliged to pay at least 90% of the contractually agreed price for overnight accommodation with or without breakfast as well as for package arrangements with third-party services, 80% for half-board and 70% for full-board arrangements.

5. If the guest withdraws after signing the contract or after expiry of the contractually agreed date for withdrawal free of charge, the hotel is entitled to charge 35% of the lost consumption turnover in addition to the agreed room rental and the costs for third-party services. If the guest withdraws after the contractually agreed cancellation date free of charge and 21 days or at short notice before the event date, the hotel shall be entitled to charge 85% of the lost consumption turnover.

6. The calculation of the consumption turnover is based on the formula: Menu price of the event x number of participants. 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. Drinks shall be charged at one third of the menu price.

7. If a conference flat rate per participant has been agreed, the hotel shall be entitled to charge 85% of the conference flat rate x agreed number of participants in the event of a later cancellation.

8. The guest shall be at liberty to prove that the above-mentioned claim did not arise or did not arise in the amount claimed.

V. Withdrawal of the hotel

1. If the guest’s right to withdraw free of charge within a certain period has been agreed in writing, the hotel shall be entitled for its part to withdraw from the contract within this period if there are enquiries from other guests about the contractually booked rooms or function rooms and the guest, upon inquiry by the hotel, does not waive his right to withdraw within a period set by the hotel. This shall apply mutatis mutandis in the case of the granting of an option if other enquiries are received and the guest, upon inquiry by the hotel, is not prepared to make a firm booking within a period set by the hotel. Firm booking means that a contract is concluded as of that day and the originally agreed right of withdrawal free of charge is suspended.

2. If an agreed advance payment or an advance payment required under clause III(6) of Part 1 is not made even after the expiry of a reasonable period of grace set by the hotel, the hotel shall also be entitled to withdraw from the contract.

3. Furthermore, the hotel shall be entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if
– Force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract;
– events or rooms are booked with misleading or false information about facts essential to the contract, e.g. about the person of the customer or the purpose of the event.
the customer or the purpose of the event;
– the hotel has reasonable grounds to assume that the event may jeopardise the smooth operation of the business, the security or the reputation of the hotel in public without this being attributable to the hotel’s sphere of control or organisation;
– the purpose or occasion of the event is unlawful;
– there is a breach of clause I no. 2.

4. If, after signing of the contract, circumstances become known which, in the opinion of the hotel, make the creditworthiness of the guest appear doubtful (in particular if the guest fails to settle due claims of the hotel and payment claims of the hotel therefore appear to be at risk), the hotel shall be entitled to withdraw from the contract or to provide the agreed services only against advance payment or the provision of security. The right of withdrawal exists in particular if
– the guest has filed an application for the opening of insolvency proceedings, has initiated extrajudicial proceedings for the settlement of debts or has suspended payments;
– insolvency proceedings are opened or the opening of such proceedings is rejected due to lack of assets or for other reasons.

5. In the event of justified withdrawal by the hotel, the guest shall not be entitled to compensation.

6. Unauthorised job interviews, sales and similar events may be prevented by the hotel or the hotel may demand that they be cancelled.

7. Should a claim for damages arise for the hotel against the guest in the event of a cancellation under numbers 2, 3 and 4 above, the hotel may make a lump-sum payment for the claim. Title 1 clause IV numbers 4 to 7 apply accordingly in this case. In such cases, the guest shall be entitled to prove that no or only minor damage has been incurred.

VI. Liability of the hotel

1. The hotel shall be liable for its obligations under the hotel accommodation contract with the due care of a prudent businessman. Claims for damages by the guest are excluded. Excluded from this are damages arising from injury to life, body or health if the hotel is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by the hotel and damages based on an intentional or grossly negligent breach of a material contractual duty, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the guest may regularly rely (“cardinal duty”). In the event of a slightly negligent breach of a cardinal obligation, the hotel’s liability shall be limited to typical damages foreseeable at the time of conclusion of the contract. A breach of duty by the hotel is equivalent to a breach of duty by one of its legal representatives or vicarious agents. Should disruptions or defects in the hotel’s services occur, the hotel shall endeavour to remedy such upon knowledge thereof or upon immediate complaint by the guest. In all other respects, the guest shall be obliged to notify the hotel in good time of the possibility of an extraordinarily high loss. The guest shall be obliged to contribute what is reasonable for him/her to remedy the disruption and to keep any possible damage to a minimum.

2. The hotel shall be liable to the guest in accordance with the statutory provisions for items brought into the hotel up to a maximum of € 3,500.00, as well as for money, securities and valuables up to € 800.00, provided that these were kept in the locked room safe. Money, securities and valuables can be stored in the hotel safe up to a maximum value corresponding to the sum insured of the hotel. The hotel recommends making use of this possibility. Liability claims expire unless the guest notifies the hotel immediately after becoming aware of loss, destruction or damage (§703 BGB). Liability shall only exist if the rooms or containers in which the items were left were locked. The above number 1 sentences 2 to 5 shall apply mutatis mutandis.

3. Insofar as a parking space is made available to the guest in the hotel garage or in a hotel car park, even for a fee, this shall not constitute a safekeeping contract. The hotel shall not be liable for the loss of or damage to motor vehicles parked or manoeuvred on the hotel’s property or for their contents. The hotel shall have no duty of supervision. Any damage must be reported to the hotel without delay. The above number 1 sentences 2 to 5 shall apply mutatis mutandis.

4. Wake-up calls are carried out by the hotel with the utmost care. No liability shall be assumed. Messages, mail and consignments of goods for guests will be handled with care. The hotel shall undertake the delivery, safekeeping and – on request and against payment – forwarding of the same. Number 1 sentences 2 to 5 above shall apply accordingly.

5. All claims against the hotel for which liability is limited under these GTC, as well as claims for reduction of rent in the event of material defects and defects of title, shall become statute-barred within one year after the claim has arisen and the creditor has become aware of the circumstances giving rise to the claim and the person of the debtor or should have become aware without gross negligence. Claims for damages against the hotel for which liability is limited in accordance with this provision, as well as claims for a reduction in rent in the event of material defects and defects of title, shall become statute-barred irrespective of knowledge within five years of their arising.

VII. Liability of the Guest for Damages

1. The guest shall be liable, insofar as he is an entrepreneur, for all damage to the building or inventory caused by event participants or visitors, employees, other third parties from his area or himself.

2. The hotel may require the guest to provide appropriate security (e.g. insurance, deposits, guarantees).

VIII. Data protection

The hotel processes personal data of the guest, such as personal data, contact information, professional and personal data, electronic identification data (IP addresses (log files), data on the PC, browser, etc.) as well as individual data on the customer’s stay, on the legal basis of the fulfilment of contractual relations, the protection of legitimate interests of the hotel as well as for compliance with legal obligations. This is for the purpose of reservation, customer relationship management, management of guest preferences as well as targeted marketing and advertising campaigns to promote sales and increase customer loyalty (also through direct advertising). Within the group of companies, personal data is only received by bodies that require this data for the fulfilment of contractual and legal obligations as well as for the protection of legitimate interests. All these offices are contractually obliged to comply with data protection regulations.

IX. Final provisions

1. Amendments or additions to the contract or this clause, the acceptance of the application or these General Terms and Conditions must be made in writing. Verbal collateral agreements shall only be binding if confirmed in writing. Unilateral amendments or supplements by the guest are invalid.

2. The place of performance and payment for all mutual obligations is the location of the hotel.

3. The exclusive place of jurisdiction – also for disputes regarding cheques and bills of exchange – in commercial transactions shall be the registered office of the hotel under company law. If a contracting party fulfils the prerequisite of § 38 para. 2 ZPO (German Code of Civil Procedure) and does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.

4. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and conflict of laws is excluded.

5. Should individual provisions of these General Terms and Conditions for Hotel Accommodation and Events be or become invalid or void, this shall not affect the validity of the remaining provisions. In this case, the parties shall agree on a new provision that comes as close as possible to the meaning of the ineffective provision.

Part 2 Special provisions for hotel accommodation contracts

I. Room provision, handover and return

1. The guest does not acquire any claim to the provision of specific rooms unless it has been agreed in writing in the hotel accommodation contract.

2. Booked rooms are available to the guest from 3:00 p.m. on the agreed day of arrival. The guest has no right to earlier availability. Unless a later arrival time has been expressly agreed or the room in question has been paid for in advance, the hotel has the right to assign booked rooms to other guests after 6:00 p.m. without the guest being able to derive any claim against the hotel from this. The hotel shall have a right of withdrawal in this respect. Claims of the hotel under Title 1 Clause IV shall remain unaffected by this provision.

3. On the agreed day of departure, the rooms must be vacated and made available to the hotel in an undamaged condition by 12:00 noon at the latest. The guest shall be liable for damages in accordance with Title 1, Clause VII, No. 1. Thereafter, the hotel may charge 50% of the full accommodation price (list price) for late vacating of the room for its use in breach of the contract until 6:00 p.m., and 100% after 6:00 p.m.. Further claims for damages of the hotel remain unaffected by the payment of the agreed price. If the hotel has to accommodate guests in another hotel due to the delayed vacating, the guest shall bear all costs incurred for this. Contractual claims of the guest shall not be established by this. The guest shall be at liberty to prove that the hotel has not incurred any or a significantly lower claim to a usage fee.

II. Preparation of meals, overcrowding, entering the hotel room

1. The preparation of food of any kind in the rooms is prohibited.

2. The rooms may only be occupied by the number of guests specified at the time of booking. Part 1 III(2) and Part 1 V(3) apply.

3. Employees of the hotel are entitled to enter the hotel room during the guest’s stay for the purpose of cleaning and in case of emergency.

4. Pets may only be brought into the hotel with the prior consent of the hotel and, if necessary, against payment.

III. Group bookings

1. Separate terms and additional charges may come into effect for bookings of more than 10 rooms.

Part 3 Special Provisions for Events

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

1. The hotel must be notified of a change in the booked number of participants by more than 5% at least ten working days before the start of the event. The change requires the written consent of the hotel.

2. A reduction in the number of participants by the guest by a maximum of 5%, which is notified at least 1 working day before the start of the event, shall be recognised by the hotel when billing. In the event of deviations exceeding this, the originally agreed number of participants less 5% shall be taken as a basis. The guest has the right to reduce the agreed price by the expenses saved due to the lower number of participants, which must be proven by the guest. The guest’s savings due to the granted tolerance of 5% shall be included in this.

3. In the event of an upward deviation, the actual number of participants shall be calculated.

4. In the event of a deviation in the number of participants by more than 10%, to which the guest is not entitled, the hotel shall be entitled to reset the agreed prices as well as to exchange the confirmed rooms, unless this is unreasonable for the guest.

5. If the agreed start or end times of the event are postponed and the hotel agrees to these deviations, the hotel may charge appropriately for the additional service provided, unless the hotel is at fault. If the agreed closing times of the events are postponed and the hotel has to accommodate guests in another hotel due to the delayed evacuation, the guest shall bear all costs incurred for this. Any further claims for damages by the hotel shall remain unaffected thereby.

6. For events that extend beyond 24:00 hrs, the hotel may charge for personnel expenses from this time onwards on the basis of itemised bills. Furthermore, the hotel may charge employees for travel expenses on the basis of an itemised bill if they have to make their way home after the end of the public transport service and additional costs are incurred as a result.

II. Bringing food and drinks

1. In principle, the guest may not bring food and drinks to events. Exceptions require a written agreement with the hotel. In such cases, a contribution to cover overhead costs shall be charged. In the event of contravention, the hotel shall be entitled to claim a lump-sum amount of damages per participant in corresponding application of Part 1 Clause IV Numbers 6 and 7 for the loss incurred which would have accrued to the hotel for the provision of the service. The hotel accepts no liability whatsoever for damage to health caused by the consumption of food and drink brought into the hotel.

2. Furthermore, the hotel accepts no liability for damage caused by food and drink taken away by the customer or third parties after an event, unless the hotel is guilty of intent or gross negligence.

III. Technical facilities and connections; official permits

1. Insofar as the hotel procures technical and other equipment from third parties for the guest at the guest’s instigation, it shall act in the name of, on the authority of and for the account of the guest. The guest shall be liable for the careful handling, proper operation and proper return, including of the hotel’s own equipment. He/she shall indemnify the hotel against all claims by third parties arising from the provision of these facilities.

2. The use of the guest’s own electrical equipment using the hotel’s power supply system requires the guest’s written consent. Any disruptions or damage to the hotel’s facilities caused by the use of such equipment shall be borne by the guest insofar as the hotel is not responsible for such disruptions or damage. The hotel may record and charge for the electricity costs incurred by such use on a flat-rate basis.

3. The guest is entitled, with the hotel’s consent, to use his own telephone, fax and data transmission facilities. The hotel may charge a connection fee for this.

4. If suitable facilities of the hotel remain unused due to the connection of the guest’s own facilities, the hotel may charge a loss of use fee.

5. Faults or damage to equipment, technical or other facilities provided by the hotel shall be remedied immediately, if possible, at the guest’s expense.

6. The guest shall obtain in good time and at his own expense any official permits, conditions and authorisations required for the event; he shall be responsible for compliance with public-law conditions and other regulations, compliance with the provisions of noise protection, the protection of minors, etc., and the payment of GEMA fees. The guest shall indemnify the hotel against any claims in connection with this clause 6.

IV. Loss of or damage to property brought into the hotel

1. Exhibits or other items, including personal items, brought along are located in the event rooms or in the hotel at the guest’s risk. The hotel accepts no liability for loss, destruction or damage, including financial loss, except in cases of gross negligence or intent on the part of the hotel in the fulfilment of contractual obligations. In addition, all cases in which safekeeping constitutes a typical contractual obligation due to the circumstances of the individual case are excluded from this exemption from liability. Apart from the cases mentioned in sentence 3, a safekeeping contract requires express agreement.

2. Decorative material brought into the hotel must comply with fire protection requirements. The hotel may demand appropriate official proof. If such proof is not provided, the hotel shall be entitled to remove any decoration material already brought in at the guest’s expense or to prohibit its installation. Due to possible damage, the installation and attachment of decorative material must be coordinated with the hotel in advance.

3. Any exhibits or other items brought along must be removed immediately after the end of the event. If the guest fails to do so, the hotel may remove and store them at the guest’s expense. If the items remain in the event room, the hotel may charge reasonable compensation for use for the duration of their stay. The guest shall be at liberty to prove that the claim asserted by the hotel has not arisen or has not arisen in the amount demanded.

4. Other items left behind by event participants shall only be forwarded at the request, risk and expense of the participant concerned. The hotel shall keep the items for 3 months; thereafter the items shall be handed over to the local lost property office if there is a recognisable value. The costs of safekeeping shall be borne by the guest. If there is no recognisable value, the hotel reserves the right to destroy the items at the guest’s expense after the expiry of the period.

5. The hotel shall be liable for items brought in by the guest in accordance with Title 1, Clause VI, point 2.

6. Packaging material arising in connection with the supply of the event by the guest or third parties must be disposed of by the guest before or after the event. Should the guest leave packaging material behind in the hotel, the hotel shall be entitled to dispose of it at the guest’s expense.

As of August 2018