General Terms and Conditions for Events

1. Scope of Application

1.1 These Terms and Conditions govern the rental of facilities of Schlosshotel Ingelfingen for events such as banquets, seminars, conferences, etc., as well as all related deliverables and services provided by the Hotel.

1.2 No terms and conditions of the Customer (hereinafter referred to as the “Organizer”) shall apply unless expressly agreed in writing. Such terms and conditions shall also not apply if the Schlosshotel Ingelfingen performs its services without reservation despite awareness of the existence of such terms or conditions.

2. Conclusion of Contract, Parties to the Contract

The contract shall enter into force and effect upon notification of the Organizer of acceptance (confirmation) by Schlosshotel Ingelfingen, the former and the latter being the parties to the contract.

3. Data Security, Data Protection

Personal data of the Organizer required in connection with the contract shall be stored in compliance with the provisions of laws governing data protection, including in particular the provisions of the EU GDPR. It is understood that all personal data shall be treated confidentially.

4. Services, Prices, Payment, Offset

4.1 Schlosshotel Ingelfingen agrees to perform the services requested by the Organizer and confirmed by the Hotel.

4.2 Reserved event facilities shall be made available at the time agreed. The use of the facilities beyond the agreed period shall be subject to the prior consent of the point of contact (indicated in the written quotation).

4.3 Schlosshotel Ingelfingen shall make personnel available for an event at no charge up to 1:00 a.m. The Organizer shall be billed at a rate of €45.00, including VAT, per employee per hour or any fraction thereof for any services provided thereafter.

4.4 Unless agreed otherwise, the services agreed shall be specified in the quotation in the menu folder, the order based on that quotation and the particulars contained in the confirmation of the reservation.

4.5 All beverages shall be billed based on consumption unless agreed otherwise.

4.6 The Organizer shall be liable for payment for any additional food or beverages ordered by attendees in the course of the event as well as for any other services used.

4.7 The Organizer shall pay the full price of such services as agreed with Schlosshotel Ingelfingen. This shall also apply accordingly for any services performed by third parties in connection with the event in cases in which Schlosshotel Ingelfingen advances payment. Such advance payments shall be reimbursed by the Organizer. A surcharge in the agreed amount shall be added to such advance payments and the corresponding value-added tax shall be added to such third-party services. Fees payable to third parties for the event, such as GEMA fees, entertainment tax, etc., must be paid immediately by the Organizer to the respective creditor.

4.8 The agreed prices shall include any applicable value-added tax. In the case of an increase in the amount of the value-added tax included in the prices, Schlosshotel Ingelfingen reserves the right to adjust the agreed prices accordingly without obtaining the express consent of the Organizer. In the case of agreements with consumers (i.e., Organizers who enter into the contract for reasons not primarily related to their commercial or professional activities), this shall apply only if the period that elapses between the time of conclusion of the contract and the time of performance exceeds four (4) months.

4.9 Unless agreed otherwise, invoices of Schlosshotel Ingelfingen are due and payable net within ten (10) days after the date of issuance without any discount for prompt payment. The provisions of law shall apply in the case of default in payment.

4.10 Schlosshotel Ingelfingen reserves the right to require an appropriate deposit in advance upon conclusion of the contract. The amount and due dates of the deposit may be stipulated in writing in the contract. Schlosshotel Ingelfingen may also require such a deposit or appropriate security guarantee following conclusion of the contract in the case of any uncertainty concerning payment of the amounts due ascertained by Schlosshotel Ingelfingen after conclusion of the contract by reason of a lack of liquidity on the part of the Organizer.

4.11 EC Cash cards and credit cards shall be accepted for amounts up to the respective limit.

4.12 Payment upon receipt of invoice shall be possible only if agreed in advance.

5. Rescission by Schlosshotel Ingelfingen

5.1 Schlosshotel Ingelfingen reserves the right to cancel the contractual agreement for objectively justified reasons, for example, if:

• an instance of force majeure or other circumstances beyond the control of Schlosshotel Ingelfingen make it impossible to honor the contract;
• events are booked on the basis of misleading or incorrect information, e.g., regarding the Organizer or the purpose of the event;

• Schlosshotel Ingelfingen has reason to assume that the event may impair the operation, security or public image of the Hotel without this being within the sphere of control and organization of the Hotel;
• the purpose of or occasion for the event is illegal;
• the Organizer is in breach of the provision contained in Section 9;
• the Organizer has in the past failed to pay amounts due despite receipt of notification of overdue payment and expiration of a grace period.

5.2 In the event of justified rescission or cancellation, the Organizer shall have no claims against Schlosshotel Ingelfingen for any loss or damage . Claims of the Hotel for loss or damages in the case of any breach of contract on the part of the Organizers shall remain intact.

6. Rescission of the Organizer (Cancellation)

6.1 In the absence of any legal reason for rescission or cancellation, Schlosshotel Ingelfingen shall be entitled to receive payment as agreed if the Organizer fails to honor the contract, less, however, any savings realized by Schlosshotel Ingelfingen or any income otherwise received by Schlosshotel Ingelfingen from rental of the premises unless the parties have agreed otherwise. Schlosshotel Ingelfingen reserves the right to estimate the amount of any such savings due and charge the amounts shown below in the event further rental is not possible:

• up to 61 days prior to commencement of the event: Charge of 90% of rent;
• 60 to 31 days prior to commencement of the event: Charge of 90% of rent plus compensation of 35% of loss of revenue (food and beverages);
• 30 days prior to commencement of the event: Charge of 90% of rent plus compensation of 60% of loss of revenue (food and beverages)
• up to 10 days prior to commencement of the event: Charge of 90% of rent plus compensation of 85% of loss of revenue (food and beverages).

Unless agreed otherwise, the loss of revenue in connection with food and beverages shall be based on the average consumption per person at similar events.

This shall not apply, however, if the Organizer can provide proof to the effect that the amount due Schlosshotel Ingelfingen on the basis of application of the above method of calculation was significantly lower or that the claim of Schlosshotel Ingelfingen is unwarranted. This shall also not apply if Schlosshotel Ingelfingen can provide proof to the effect that damages actually incurred were higher than the amount determined by applying the above method.

6.2 The formula for the calculation of revenue from meals shall be equal to the banquet menu price x number of persons. If no price has been agreed for the menu, the least expensive 3-course menu from the respective applicable event offer shall be taken as the basis.

7. Changes in Number of Attendees and Time of Event

7.1 The banquet department of Schlosshotel Ingelfingen must be informed of any change of more than 5% in the number of guests by no later than five (5) working days prior to commencement of the event and any other changes by no later than three (3) working days prior to commencement of the event. Any change of more than 5% shall require the consent of the Hotel.

7.2 A reduction in the number of guests of up to 5% shall be taken into account in the bill if notification as stipulated in Section 7.1 is received on a timely basis. In the case of such differences in excess of 5%, the original number of attendees less 5% shall be taken as the basis for calculation if notification is received on a timely basis as stipulated in Section 7.1.

7.3 In the case of an increase in the number of guests, the actual number of guests shall be taken as the basis for calculation.

7.4 In the case of any changes in the number of guests in excess of 10%, Schlosshotel Ingelfingen reserves the right to revise the agreed prices and make changes in the confirmations of the rooms assigned unless the Organizer cannot be reasonably expected to accept such changes.

7.5 In the case of any change in the agreed time of commencement or duration of an event without the prior consent of Schlosshotel Ingelfingen, the Hotel reserves the right to charge an additional fee unless the Hotel is at fault.

7.6 The conditions for and results of cancellation of bookings of Hotel accommodations shall be based on the General Terms and Conditions for Booking Hotel Accommodations of Schlosshotel Ingelfingen.

8. Outside Food and Beverages

The Organizer may not bring food and beverages to events. Any exceptions shall require the express consent of the banquet department of Schlosshotel Ingelfingen. A charge shall be billed to cover overheads in such cases.

9. Subletting or Other Rental Arrangements, Special Uses

9.1 Rooms may not be sublet or otherwise rented to other parties nor used for interviews, political events, sales or similar events without the prior written consent of Schlosshotel Ingelfingen. The right of rescission pursuant to Section 540 para. (1) sent. 2 of the German Civil Code (Bürgerliches Gesetzbuch – BGB) is waived if the Organizer is not a consumer.

9.2 Advertisements or other announcements in newspapers or on the internet for events held in Schlosshotel Ingelfingen that mention the Hotel must be approved by Schlosshotel Ingelfingen in advance.

10. Technical Equipment and Connections

10.1 In the case of any technical or other equipment procured by Schlosshotel Ingelfingen from third parties at the request of the Organizer, it shall be understood that such equipment was procured in the name of and for the account of the Organizer. The Organizer shall be responsible for proper treatment and the return of such technical or other equipment. The Organizer shall hold the Hotel harmless from any claims of third parties in connection with such equipment unless the Organizer can demonstrate that the loss or damage cannot be attributed to the Organizer.

10.2 The use of the electrical infrastructure of the Hotel for electrical equipment of the Organizer shall be subject to the written consent of the Hotel. The Organizer shall assume responsibility for any disturbances or damage to the technical infrastructure of the Hotel resulting from the use of such equipment unless such disturbances or damage can be attributed to the Hotel. The Hotel reserves the right to estimate the cost of electricity used and bill the Organizer accordingly.

10.3 The Organizer may use its own telecommunication systems with the consent of the Hotel. The Hotel may charge a connection fee in such cases.

10.4 Any malfunctions of technical or other equipment made available by Schlosshotel Ingelfingen shall be remedied as soon as possible. Payment may not be withheld or reduced in the case of any such disturbance that cannot be attributed to the Hotel.

11. Permits

11.1 The Organizer shall be responsible for timely application for any regulatory permits required for the event. The Organizer shall also be responsible for compliance with any applicable regulatory and legal requirements.

11.2 The Organizer shall be solely responsible for dealings with regulatory bodies such as, in particular, GEMA, in the case of copyright-related issues.

12. Damage to or Loss of Property of the Organizer

12.1 The Organizer shall be responsible for displays or other property of the Organizer, including personal possessions, while on the premises of Schlosshotel Ingelfingen. The Hotel shall assume no liability for loss or damage except in the case of gross negligence or intent on the part of the Hotel or its agents.

12.2 Decoration materials provided by the Organizer must comply with the local fire code. The Hotel reserves the right to require official proof of compliance. Placement or installation of furniture and furnishings must be coordinated with the Hotel in advance due to the possibility of damage.

12.3 Displays or other property must be promptly removed at the end of the event. In the case of failure to remove such displays or property within a reasonable period of time, Schlosshotel Ingelfingen may have such displays or property removed and stored at the expense of the Organizer. If property of the Organizer remains in the room in which the event is held, Schlosshotel Ingelfingen reserves the right to charge the Organizer an appropriate usage fee for the duration and extent of the non-availability of the premises.

13. Liability of the Hotel

13.1 Schlosshotel Ingelfingen shall be liable as stipulated below only in the case of intent or gross negligence on the part of the Hotel or its agents or in the case of a culpable breach of material contractual obligations. Material contractual obligations shall be understood to mean obligations that must be fulfilled to achieve the purposes of a contract and upon fulfillment of which the parties to a contract will and may regularly rely. In the case of any breach of material contractual obligations, liability of Schlosshotel Ingelfingen shall be limited to foreseeable, typically occurring damages unless such damages can be attributed to intent or gross negligence on part of Schlosshotel Ingelfingen or that of its agents.

The above limitations shall not apply in the case of culpable injury to life, body or health or to claims arising in connection with the assumption of liability for a guarantee or mandatory liability under the German Product Liability Act (Produkthaftungsgesetz – ProdHaftG).

Any further claims for damages shall be excluded.

13.2 The Organizer agrees to take reasonable measures to keep any damage to a minimum. The Organizer shall also notify the Hotel on a timely basis of the possible occurrence of unusual loss or damage.

14. Liability of the Organizer for Loss or Damage

14.1 The Organizer shall assume unlimited liability for any loss or damage attributable to the Organizer as provided by law. Insofar as the Organizer qualifies as a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch – HGB), the Organizer shall be liable for any damage to buildings or property attributable to attendees of events and visitors, employees or other third parties associated with the Organizer.

14.2 Schlosshotel Ingelfingen reserves the right to require appropriate security from the Organizer (e.g., insurance, security deposits, guarantees or in the form of a credit card guarantee).

15. Miscellaneous

15.1 The understandings entered into at the time of conclusion of the contract are to be recorded in their entirety in writing in the contractual documents. Employees of Schlosshotel Ingelfingen are not authorized to make oral agreements that deviate from the written Agreement. Unilateral changes or modifications made by the Organizers shall be invalid.

15.2 The place of performance and payment shall be the registered place of business of Schlosshotel Ingelfingen.

15.3 The law of the Federal Republic of Germany applies. If the Organizer qualifies as a consumer and maintains his or her habitual abode in a country other than the Federal Republic of Germany, the mandatory laws of that country that cannot be waived shall not be affected by the choice of law as stipulated above.

15.4 Exclusive jurisdiction of the courts is the registered place of business of Schlosshotel Ingelfingen if the Organizer is a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch – HGB) or a legal entity under public law.

15.5 In the event any provisions contained in these General Terms and Conditions for Events should prove to be invalid or void, the validity of the remaining provisions shall remain unaffected.

15.6 In accordance with Section 36 of the Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz – VSBG) Schlosshotel Ingelfingen points out, that it is not obliged to participate in any dispute resolution proceedings before any consumer arbitration board and does not participate in such procedure.

Version: June 2024