General Business Terms and Conditions

GENERAL TERMS AND CONDITIONS OF BUSINESS FOR FOURSIDE HOTELS BS GMBH / ROOMS

I. SCOPE

  1. These terms and conditions apply to contracts for the rental of hotel rooms in the FOURSIDE Hotels BS GmbH (hereinafter referred to as "FOURSIDE") for accommodation as well as all further deliveries and services provided as part thereof by the hotel for the customer (hotel accommodation contract). The term "hotel accommodation contract" encompasses and replaces the following terms: accommodation contract, lodging contract, hotel contract and hotel room contract.
  2. Subletting or re-letting the rooms as well as their use for purposes other than accommodation require the prior written consent of FOURSIDE whereby § 540, para. 1 sentence 2 BGB (German Civil Code) is waived if the customer is not a consumer. 3. General terms and conditions of the customer are only applied if this is exclusively agreed in writing beforehand.

II. CONCLUSION OF THE CONTRACT, CONTRACTUAL PARTNERS, LIABILITY LIMITATION

  1. The contract is concluded when a customer request is accepted by FOURSIDE; these are the contractual partners. FOURSIDE is free to confirm the room reservation in writing.
  2. If a third party has ordered on behalf of the customer, the customer is liable to FOURSIDE as well as the third party as joint debtor for all obligations arising from the hotel accommodation contract, as long as FOURSIDE provides an appropriate statement from the third party.
  3. All claims against FOURSIDE are generally time-barred within one year from the statutory start of the limitation period. This does not apply to claims for damages and other claims provided that the latter is based on an intentional or grossly negligent breach of duty by FOURSIDE or its vicarious agents. These claims for damages are time-barred in ten years regardless of knowledge. The reductions of the statute of limitation period shall not apply for claims based on an intentional or grossly negligent breach of duty by FOURSIDE. Claims of consumers in the sense of § 13 BGB are time-barred in accordance with the statutory provisions.

III. SERVICES, PRICES, PAYMENT, CHARGING

  1. FOURSIDE is obliged to make the room booked by the customer available and provide the services agreed. In case of cancellation, FOURSIDE is entitled to transfer the customer to a suitable hotel.
  2. The customer is obliged to pay FOURSIDE's agreed and/or valid prices for room rental and the additional services used by the customer. This is also valid for services ordered directly by the customer or via FOURSIDE which are provided by a third party and which are disbursed by FOURSIDE.
  3. FOURSIDE's invoices are to be paid upon receipt of the invoice without deduction and without mentioned due date. FOURSIDE can request immediate payment of debts due at any time from the customer. In case of delayed payment, FOURSIDE is entitled to claim the respectively applicable statutory interest on account of delay currently in the amount of 9% and/or in case of legal transactions involving a consumer, in the amount of 5 %. FOURSIDE reserves the right to provide proof of higher damages.
  4. The prices agreed are inclusive of all taxes and local fees applicable at the conclusion of the contract. Not included are bed tax as well as local fees due by the guest him or herself according to the respective municipal law, for example visitor's tax. If the statutory sales tax is changed, or new local fees on the object of service are introduced, changed or abolished after the conclusion of the contract, the prices will be adjusted accordingly. For contracts with consumers this is only valid if the period between the conclusion of the contract and the fulfilment of the contract exceeds four months.
  5. After conclusion of the contract, FOURSIDE is not obliged to agree to reduce the number of rooms booked, the service from FOURSIDE or the duration of the customer's stay if the customer subsequently requires this. If FOURSIDE agrees, it does so on the condition that the price for the rooms and/or the other services may be increased by FOURSIDE.
  6. Upon conclusion of the contract, FOURSIDE is entitled to request from the customer an appropriate advance payment up to the amount of the full room rate or a security deposit, for example in the form of a credit card guarantee or debiting a credit card. The amount of the advance payment, the payment deadlines and/or the security deposit is to be agreed in writing. In case of advance payments or security deposits for package holidays, statutory provisions are unaffected. If the customer delays payment, the statutory regulations are unaffected.
  7. At the beginning of or during the customer's stay, FOURSIDE is also entitled to request an advance payment or security deposit within the sense of the previous paragraph III.6 for existing and future bills outstanding from this contract, insofar as this was not already provided according to the previous paragraph III.6.
  8. The customer can settle or offset an undisputed or legally binding outstanding bill against an outstanding bill from FOURSIDE.

IV. WITHDRAWAL BY THE CUSTOMER (CANCELLATION, ANNULMENT) / FAILURE TO USE HOTEL SERVICES (NO SHOW)

  1. The customer can only cancel the contract concluded with FOURSIDE if a right of withdrawal has been expressly agreed in the contract, another statutory right of withdrawal exists, or if FOURSIDE expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as the eventual consent to a cancellation of the contract must each be in writing.
  2. If a deadline for the cost-free withdrawal from the contract has been agreed between FOURSIDE and the customer, the customer can withdraw from the contract before that point without payment or damages claims being triggered by FOURSIDE. The customer's right of withdrawal expires if they do not pursue their right of withdrawal against FOURSIDE before the agreed deadline.
  3. If a right of withdrawal is not agreed, or has already expired, no statutory right of withdrawal or right of cancellation exists and if FOURSIDE does not agree to a cancellation of the contract, FOURSIDE reserves the right to claim the agreed payment in spite of services not being used. FOURSIDE has to offset the earnings from further renting of the rooms as well as the expenditure saved. If the rooms are not otherwise rented, FOURSIDE can estimate the deduction for saved expenses. In this case, the customer is obliged to pay 90 % of the contractually agreed price for an overnight stay with or without breakfast as well as for packages with third-party services. The customer is free to prove that the above-mentioned claim was not made or was not made in the required amount.
  4. The regulations under paragraph IV.3 apply for half and full board arrangements provided that 80 % of the contractually agreed price is paid by the customer, as long as the parties have not agreed upon alternative regulations in individual contracts. Here too the customer is free to prove that the above- mentioned claim was not made or was not made in the required amount.

V. WITHDRAWAL BY THE HOTEL

  1. If it is agreed in writing that the customer can withdraw free of costs from the contract within a particular deadline, FOURSIDE is entitled to withdraw from the contract within this period if other customers enquire about the contractually booked rooms and the customer does not waive their right to withdrawal upon query by FOURSIDE with an appropriate deadline.
  2. If an advance payment or security deposit which is agreed or requested according to paragraph III.6 is not provided after a reasonable grace period set by FOURSIDE has elapsed, then FOURSIDE is also entitled to withdraw from the contract.
  3. In addition, FOURSIDE is entitled to withdraw from the contract exceptionally for factually justified reasons, for example in case of force majeure or circumstances for which FOUSIDE is not responsible and which make the fulfilment of the contract impossible; rooms having been culpably booked under erroneous or false information or concealment of important facts; important facts can be the identity of the customer, the ability to pay or the purpose of the stay; FOURSIDE having reasonable grounds to assume that using the service can endanger the smooth running of business operations, safety or the reputation of FOURSIDE among the general public without this being attributed to the hotel's sphere of control or organisation; the purpose and/or the reason for the stay being illegal; the above- mentioned paragraph I.2 having been breached.
  4. Authorised withdrawal by FOURSIDE shall not entitle the customer to claim damages.

VI. ROOM PREPARATION, ARRIVAL AND DEPARTURE

  1. The customer is not entitled to request the preparation of particular rooms, unless this is expressly agreed.
  2. Reserved rooms are available to the customer from 3 pm on the agreed day of arrival. The customer cannot ask for earlier arrival.
  3. On the agreed departure day, the rooms must be empty by 12 o´clock noon. Afterwards, FOURSIDE may charge 50% of the full price (daily rate) if the customer leaves the room later than contractually agreed but no later than 6 pm or 100 % if the customer leaves after 6 pm. Contractual claims by the customer are not hereby justified. The customer is free to prove that FOURSIDE incurs no or only a significantly lower claim to a usage fee.

VII. LIABILITY OF THE HOTEL

  1. FOURSIDE is liable for its obligations arising from the contract. Claims of the customer for damages are excluded. Exceptions to this are damages arising from injuries to life, limb or health in cases where FOURSIDE is responsible for a violation of duty as well as any other damage arising from a deliberate or grossly negligent violation of duty committed by FOURSIDE and damages arising from a deliberate or negligent breach of typical contract duties by FOURSIDE. A violation of duty by FOURSIDE is equivalent to a violation of duty by a legal representative or a vicarious agent. If there are disruptions or defects in FOURSIDE's services, FOURSIDE will endeavour to remedy the situation as soon as it becomes aware of the disruption or defect, or upon immediate reprimand by the customer. The customer is obliged to contribute to a reasonable degree to correct the disruption and to keep possible damage to a minimum. The customer is also obliged to inform FOURSIDE in good time of the possibility of the emergence of extremely high damages.
  2. FOURSIDE's liability for items brought in by the customer is in line with the legal provisions. FOURSIDE recommends the use of the hotel safe; the room safes do not guarantee risk-free storage. If the guest wants to bring in money, valuable papers and valuable items with a total value of more than €800, or other things with a total value of more than € 3500, this requires a separate storage agreement with FOURSIDE.
  3. Even outside their room, the customer is always obliged to look after his or her things and valuable items. FOURSIDE is only liable in accordance with the proceeding provision VII.7 sentences 1.
  4. FOURSIDE has no customer parking. Temporarily parking vehicles does not constitute the conclusion of a contract of safe custody. In the case of loss or damage to vehicles and their contents parked or ranked on the grounds of the hotel, FOURSIDE shall be liable only in accordance with the provisions of the preceding paragraph VII.7 sentences 1-4.
  5. Wake-up calls, messages, post and shipment of goods for guests are handled with care. FOURSIDE will carry out the delivery, storage and, on request, forwarding of the same against payment. FOURSIDE is only liable for wake-up calls, news, post and shipment of goods in accordance with the provisions of the preceding paragraph VII.7 sentences 1-4.
  6. The photos shown on the website and in brochures are of an indicative nature only and are for illustration purposes. They provide no guarantee as to the condition of the rooms booked by customers. Even if all efforts have been made to ensure that photographs, graphical representations and reproduced texts designed to illustrate FOURSIDE provide as accurate an impression as possible of the accommodation offered, differences may arise between the rooms booked and those illustrated, in particular due to the large number of rooms, changes to fixtures and fittings or any renovation work carried out. Complaints from guests in this regard are not justified.
  7. FOURSIDE cannot be held liable for the non-completion or poor completion of bookings in the event of force majeure or caused by the actions of third parties, the guest or the partner thereof, including non-availability of the Internet, restricted access to the website, external interventions, viruses or non- authorised advance payment on the part of the remitting bank.

VIII. CUSTOMER LIABILITY FOR DAMAGE

  1. If the customer is an entrepreneur, they are liable for all damage to buildings or fixtures caused by function participants and/or visitors, employees, fellow travellers, visitors, or other associated third parties or the customer him or herself. The statutory liability regulations apply for consumers.
  2. FOURSIDE can request the status of appropriate securities from the customer (e. g. insurance, sureties, and bonds).

IX. FINAL PROVISIONS

  1. Changes and addenda to this contract, the acceptance proposal or these general terms and conditions must be in writing. Unilateral changes or addenda by the customer are invalid.
  2. The place of fulfilment and payment is the location of FOURSIDE.
  3. The exclusive court of jurisdiction for commercial transactions – also for disputes involving cheques and bills of exchange – is Hamburg. If a contractual partner fulfils the requirements of § 38 paragraph 2 ZPO (German Code of Civil Procedure) and has no general place of jurisdiction in Germany, Hamburg is the place of jurisdiction.
  4. German law applies. The application of UN Convention of the International Sale of Goods and Conflict Law and the conflict of laws are excluded. 5. If individual conditions of these General Terms and Conditions are or become unenforceable or void, the enforceability of the remaining conditions is unaffected. In other respects, statutory provisions apply.

GENERAL TERMS AND CONDITIONS OF BUSINESS FOR FOURSIDE HOTELS BS GMBH / FUNCTION ROOMS

I. SCOPE

  1. These terms and conditions apply to contracts for the rental of conference, banqueting, and function rooms of the FOURSIDE Hotels BS GmbH (hereinafter referred to as "FOURSIDE") for hosting events such as banquets, seminars, conferences, exhibitions and presentations etc. as well as all further deliveries and services provided as part thereof by FOURSIDE for the customer.
  2. Subletting or re-letting the rooms, areas or show cases as well as invitation to job interviews, sales events or similar events require the prior written consent of FOURSIDE whereby § 540, para. 1 sentence 2 BGB is waived if the customer is not a consumer.
  3. General terms and conditions of the customer are only applied if this is exclusively agreed in writing beforehand.

II. CONCLUSION OF THE CONTRACT, CONTRACTUAL PARTNERS, LIABILITY LIMITATION

  1. The contract is concluded when a customer request is accepted by FOURSIDE; these are the contractual partners. The booking of the function will be confirmed in writing.
  2. If the customer is not the host him or herself and/or if the host brings in a commercial agent or organizer, the host shall be held jointly liable together with the customer for all obligations arising from the contract, if FOURSIDE provides an appropriate statement from the host.
  3. All claims against FOURSIDE are generally time-barred within one year from the statutory start of the limitation period. Claims for damages are time-barred in five years regardless of knowledge, insofar as they are not based on a violation of life, body, health or freedom. These claims for damages are time-barred in ten years regardless of knowledge. The reductions of the statute of limitation period shall not apply for claims based on an intentional or grossly negligent breach of duty by FOURSIDE. Claims of consumers in the sense of § 13 BGB are time-barred in accordance with the statutory provisions.

III. SERVICES, PRICES, PAYMENT, CHARGING

  1. FOURSIDE is bound to provide the services ordered by the customer and promised by FOURSIDE.
  2. The customer is obliged to pay FOURSIDE's agreed and/or valid prices for this and the additional services requested. This also applies for services arranged by the customer and FOURSIDE's expenses to third parties, in particular, also for bills owed by copyright collection societies. The agreed prices include the respective statutory sales tax.
  3. FOURSIDE's invoices without mentioned due date are to be paid upon receipt of the invoice without deduction and. FOURSIDE can request immediate payment of debts due at any time from the customer. In case of delayed payment, FOURSIDE is entitled to claim the respectively applicable statutory interest on account of delay currently in the amount of 9 % and/or in case of legal transactions involving a consumer, in the amount of 5 %. FOURSIDE reserves the right to provide proof of higher damages.
  4. Upon conclusion of the contract, FOURSIDE is entitled to request from the customer an appropriate advance payment or a security deposit in the form of a credit card guarantee, debiting a credit card, a deposit or similar. The amount of the advance payment and the payment deadlines can be agreed in writing in the contract.
  5. In justified cases, e.g. payment arrears of the customer or extension of the scope of the contract, FOURSIDE is entitled to request an advance payment or provision of security within the meaning of the above no. 4 or an increase in the advance payment or security deposit agreed upon in the contract up to the fully agreed fee. FOURSIDE can request this even after conclusion of the contract up to the start of the event.
  6. The customer may only offset or reduce an undisputed or legally binding receivable owed by the FOURSIDE against a receivable owed to the FOURSIDE.

IV. WITHDRAWAL BY THE CUSTOMER (CANCELLATION, ANNULMENT)

  1. The customer can only cancel the contract concluded with FOURSIDE if a right of withdrawal has been expressly agreed in the contract, another statutory right of withdrawal exists, or if FOURSIDE expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as the eventual consent to a cancellation of the contract must each be in writing. If this doesn't happen, the agreed room rental arising from the contract as well as services arranged by third parties are also to be paid for if the customer does not use contractual services and subletting is no longer possible.
  2. If a deadline for the cost-free withdrawal of the contract has been agreed in writing between FOURSIDE and the customer, the customer can withdraw from the contract before that point without payment or damages claims being triggered by FOURSIDE. The customer's right of withdrawal expires if they do not pursue their right of withdrawal towards FOURSIDE in writing before the agreed deadline.
  3. If the customer withdraws between 8 and 4 weeks before the date of the function, FOURSIDE is entitled, to charge 35 % of lost food sales in addition to the agreed rental price; any later cancellation will result in an additional 70 % of the food sales.
  4. Food sales are calculated using the following formula: agreed menu price x number of participants. If no price was agreed upon for the menu, then the least expensive three- course meal in the currently available set of event offerings shall apply.
  5. If a conference or event flat rate was agreed per participant, FOURSIDE is entitled to charge 60% of the conference or event flat rate x the agreed number of participants in case of withdrawal between 8 and 4 weeks before the date of the function. This figure will be 85% in case of later withdrawal.
  6. The deduction of saved expenses is taken into account through nos. 3 to 5. The customer is free to prove that the above-mentioned claim was not made or was not made in the required amount.

V. WITHDRAWAL BY THE HOTEL

  1. If it is agreed in writing that the customer can withdraw free of costs from the contract within a particular deadline, FOURSIDE is entitled to withdraw from the contract within this period if other customers enquire about the contractually booked function rooms and the customer does not waive their right to withdrawal upon query by FOURSIDE.
  2. If an advance payment or security deposit which is agreed or requested according to paragraph III.4 and/or III.5 is not provided after a reasonable grace period set by FOURSIDE has elapsed, then FOURSIDE is also entitled to withdraw from the contract.
  3. In addition, FOURSIDE is entitled to withdraw from the contract exceptionally for factually justified reasons, for example in case of
  • force majeure or circumstances for which FOUSIDE is not responsible and which make the fulfilment of the contract impossible;
  • events or rooms having been culpably booked under erroneous or false contractually important information, e. g. the person who is the customer or the purpose of the event;
  • FOURSIDE having reasonable grounds to assume that the event can endanger the smooth running of business operations, safety or the reputation of FOURSIDE among the general public without this being attributed to FOURSIDE's sphere of control or organization;
  • the purpose and/or the reason for the event being illegal; paragraph I.2 having been breached.

4. In case of authorized withdrawal by FOURSIDE, the customer shall not be entitled to claim damages.

VI. CHANGES IN NUMBER OF PARTICIPANTS AND TIME OF FUNCTION

  1. FOURSIDE must be made aware of a change of more than 5 % in the number of participants five working days before the start of the function at the latest; such a change requires FOURSIDE's written agreement.
  2. If the customer reduces the number of participants by up to 5 %, this will be acknowledged by FOURSIDE when billing. In case of a change greater than 5 %, the originally agreed number of participants minus 5 % will be used. The customer has the right to reduce the agreed price by the expenditure saved - proved by the customer - due to a lower number of participants.
  3. In case of variation as per above, the actual number of participants will be charged.
  4. In case the number of participants deviates by more than 10 %, FOURSIDE is entitled to set a new price and exchange the booked rooms, unless this is unreasonable to the customer.
  5. If the agreed start or end times of the function change and if FOURSIDE agrees to these changes, FOURSIDE can charge as appropriate for the additional willingness to provide a service, unless FOURSIDE is at fault.

VII. BRINGING FOOD AND DRINK

The customer is not allowed to bring food and drink to events. Exceptions to this need written agreement from FOURSIDE. In these cases, a contribution to cover the overhead costs will be calculated.

VIII. TECHNICAL FITTINGS AND CONNECTIONS

  1. If FOURSIDE supplies technical and other facilities or equipment from third parties for the customer at their request, it does so in the name of, on the authorization of, and on the account of the customer. The customer is liable for the careful handling and proper return of such facilities and equipment. The customer indemnifies FOURSIDE from all third-party claims arising from the provision of this equipment.
  2. The use of the customer's electrical systems using FOURSIDE's power supply requires written consent. If the use of this equipment results in malfunctions or damage to the technical installations of FOURSIDE, this will be charged to the customer as long as FOURSIDE is not responsible. FOURSIDE is entitled to determine and calculate a fixed rate for electricity costs arising from the usage of their technical installations.
  3. The customer is, with the consent of FOURSIDE, entitled to use their own telephone, fax and data transfer equipment. FOURSIDE can charge a connection fee for this.
  4. If the customer connecting their own systems results in appropriate FOURSIDE systems being unused, a compensation fee may be calculated.
  5. Disruption to technical or other equipment provided by FOURSIDE must be corrected immediately as far as possible. Payments may not be withheld or reduced, as long as FOURSIDE is not responsible for these faults.

IX. LIABILITY OF THE HOTEL/ LOSS OF OR DAMAGE TO CUSTOMER'S PROPERTY

  1. FOURSIDE is liable for its obligations arising from the contract. Claims of the customer for damages are excluded. Exceptions to this are damages arising from injuries to life, limb or health in cases where FOURSIDE is responsible for a violation of duty as well as any other damage arising from a deliberate or grossly negligent violation of duty committed by FOURSIDE and damages arising from a deliberate or negligent breach of typical contract duties by FOURSIDE. A violation of duty by FOURSIDE is equivalent to a violation of duty by a legal representative or a vicarious agent. If there are disruptions or defects in FOURSIDE's services, FOURSIDE will endeavor to remedy the situation as soon as it becomes aware of the disruption or defect, or upon immediate reprimand by the customer. The customer is obliged to contribute to a reasonable degree to correct the disruption and to keep possible damage to a minimum. The customer is also obliged to inform FOURSIDE in good time of the possibility of the emergence of extremely high damages.
  2. Bringing exhibition items or other personal items into the function rooms or the hotel is at the risk of the customer. FOURSIDE assumes no liability for loss, destruction or damage, even for pecuniary damages, except in cases of gross negligence or intent on the part of FOURSIDE. Exceptions to this are damages from injury to life, body and health. In addition, all cases in which safe-keeping presents a contract-typical obligation due to the circumstances of the individual case are excluded from this exemption from liability.
  3. Decorations brought in must conform to fire protection requirements. FOURSIDE is entitled to request official evidence of this. If such proof is not provided, FOURSIDE is entitled to remove materials already brought in at the cost of the customer. Due to the possibility of damage, the installation and fitting of goods must be agreed with FOURSIDE in advance.
  4. Exhibition items and other items brought in must be removed immediately at the end of the event. If the customer fails to do so, FOURSIDE can remove and store the items at the customer's expense and without prior notification. If the items remain in the function room, FOURSIDE can calculate appropriate compensation for use for the length of time they remain there. The customer is free to prove that the above-mentioned claim was not made or was not made in the required amount.
  5. The photos shown on the website and in brochures are of an indicative nature only and are for illustration purposes. They provide no guarantee as to the condition of the rooms booked by customers. Even if all efforts have been made to ensure that photographs, graphical representations and reproduced texts designed to illustrate FOURSIDE provide as accurate an impression as possible of the accommodation offered, differences may arise between the rooms booked and those illustrated, in particular due to the large number of rooms, changes to fixtures and fittings or any renovation work carried out. Complaints from guests in this regard are not justified.
  6. FOURSIDE cannot be held liable for the non-completion or poor completion of bookings in the event of force majeure or caused by the actions of third parties, the guest or the partner thereof, including non-availability of the Internet, restricted access to the website, external interventions, viruses or non-authorized advance payment on the part of the remitting bank

X. CUSTOMER LIABILITY FOR DAMAGE

  1. If the customer is an entrepreneur, they are liable for all damage to buildings or fixtures caused by function participants and/or visitors, employees, other associated third parties or the customer him or herself. The statutory liability regulations apply for consumers.
  2. FOURSIDE can request the status of appropriate securities from the customer (e. g. insurance, sureties, and bonds).

XI. FINAL PROVISIONS

  1. Changes and addenda to this contract, the acceptance proposal, or these general terms and conditions must be in writing. Unilateral changes or addenda by the customer are invalid.
  2. The place of fulfilment and payment is the location of FOURSIDE.
  3. The exclusive court of jurisdiction for commercial transactions – also for disputes involving cheques and bills of exchange - is Hamburg. If a contractual partner fulfils the requirements of § 38 paragraph 2 ZPO and has no general place of jurisdiction in Germany, Hamburg is the place of jurisdiction.
  4. German law applies. The application of UN Convention of the International Sale of Goods and Conflict Law and the conflict of laws is excluded.
  5. If individual conditions of these General Terms and Conditions for Events are unenforceable or void, the enforceability of the remaining conditions is unaffected. In other respects, statutory provisions apply.

GENERAL TERMS AND CONDITIONS OF BUSINESS FOR FOURSIDE HOTEL TRIER GMBH / ROOMS

I. SCOPE

  1. These terms and conditions apply to contracts for the rental of hotel rooms in the FOURSIDE Hotel Trier GmbH (hereinafter referred to as "FOURSIDE") for accommodation as well as all further deliveries and services provided as part thereof by the hotel for the customer (hotel accommodation contract). The term "hotel accommodation contract" encompasses and replaces the following terms: accommodation contract, lodging contract, hotel contract and hotel room contract.
  2. Subletting or re-letting the rooms as well as their use for purposes other than accommodation require the prior written consent of FOURSIDE whereby § 540, para. 1 sentence 2 BGB (German Civil Code) is waived if the customer is not a consumer. 3. General terms and conditions of the customer are only applied if this is exclusively agreed in writing beforehand.

II. CONCLUSION OF THE CONTRACT, CONTRACTUAL PARTNERS, LIABILITY LIMITATION

  1. The contract is concluded when a customer request is accepted by FOURSIDE; these are the contractual partners. FOURSIDE is free to confirm the room reservation in writing.
  2. If a third party has ordered on behalf of the customer, the customer is liable to FOURSIDE as well as the third party as joint debtor for all obligations arising from the hotel accommodation contract, as long as FOURSIDE provides an appropriate statement from the third party.
  3. All claims against FOURSIDE are generally time-barred within one year from the statutory start of the limitation period. This does not apply to claims for damages and other claims provided that the latter is based on an intentional or grossly negligent breach of duty by FOURSIDE or its vicarious agents. These claims for damages are time-barred in ten years regardless of knowledge. The reductions of the statute of limitation period shall not apply for claims based on an intentional or grossly negligent breach of duty by FOURSIDE. Claims of consumers in the sense of § 13 BGB are time-barred in accordance with the statutory provisions.

III. SERVICES, PRICES, PAYMENT, CHARGING

  1. FOURSIDE is obliged to make the room booked by the customer available and provide the services agreed. In case of cancellation, FOURSIDE is entitled to transfer the customer to a suitable hotel.
  2. The customer is obliged to pay FOURSIDE's agreed and/or valid prices for room rental and the additional services used by the customer. This is also valid for services ordered directly by the customer or via FOURSIDE which are provided by a third party and which are disbursed by FOURSIDE.
  3. FOURSIDE's invoices are to be paid upon receipt of the invoice without deduction and without mentioned due date. FOURSIDE can request immediate payment of debts due at any time from the customer. In case of delayed payment, FOURSIDE is entitled to claim the respectively applicable statutory interest on account of delay currently in the amount of 9% and/or in case of legal transactions involving a consumer, in the amount of 5 %. FOURSIDE reserves the right to provide proof of higher damages.
  4. The prices agreed are inclusive of all taxes and local fees applicable at the conclusion of the contract. Not included are bed tax as well as local fees due by the guest him or herself according to the respective municipal law, for example visitor's tax. If the statutory sales tax is changed, or new local fees on the object of service are introduced, changed or abolished after the conclusion of the contract, the prices will be adjusted accordingly. For contracts with consumers this is only valid if the period between the conclusion of the contract and the fulfilment of the contract exceeds four months.
  5. After conclusion of the contract, FOURSIDE is not obliged to agree to reduce the number of rooms booked, the service from FOURSIDE or the duration of the customer's stay if the customer subsequently requires this. If FOURSIDE agrees, it does so on the condition that the price for the rooms and/or the other services may be increased by FOURSIDE.
  6. Upon conclusion of the contract, FOURSIDE is entitled to request from the customer an appropriate advance payment up to the amount of the full room rate or a security deposit, for example in the form of a credit card guarantee or debiting a credit card. The amount of the advance payment, the payment deadlines and/or the security deposit is to be agreed in writing. In case of advance payments or security deposits for package holidays, statutory provisions are unaffected. If the customer delays payment, the statutory regulations are unaffected.
  7. At the beginning of or during the customer's stay, FOURSIDE is also entitled to request an advance payment or security deposit within the sense of the previous paragraph III.6 for existing and future bills outstanding from this contract, insofar as this was not already provided according to the previous paragraph III.6.
  8. The customer can settle or offset an undisputed or legally binding outstanding bill against an outstanding bill from FOURSIDE.

IV. WITHDRAWAL BY THE CUSTOMER (CANCELLATION, ANNULMENT) / FAILURE TO USE HOTEL SERVICES (NO SHOW)

  1. The customer can only cancel the contract concluded with FOURSIDE if a right of withdrawal has been expressly agreed in the contract, another statutory right of withdrawal exists, or if FOURSIDE expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as the eventual consent to a cancellation of the contract must each be in writing.
  2. If a deadline for the cost-free withdrawal from the contract has been agreed between FOURSIDE and the customer, the customer can withdraw from the contract before that point without payment or damages claims being triggered by FOURSIDE. The customer's right of withdrawal expires if they do not pursue their right of withdrawal against FOURSIDE before the agreed deadline.
  3. If a right of withdrawal is not agreed, or has already expired, no statutory right of withdrawal or right of cancellation exists and if FOURSIDE does not agree to a cancellation of the contract, FOURSIDE reserves the right to claim the agreed payment in spite of services not being used. FOURSIDE has to offset the earnings from further renting of the rooms as well as the expenditure saved. If the rooms are not otherwise rented, FOURSIDE can estimate the deduction for saved expenses. In this case, the customer is obliged to pay 90 % of the contractually agreed price for an overnight stay with or without breakfast as well as for packages with third-party services. The customer is free to prove that the above-mentioned claim was not made or was not made in the required amount.
  4. The regulations under paragraph IV.3 apply for half and full board arrangements provided that 80 % of the contractually agreed price is paid by the customer, as long as the parties have not agreed upon alternative regulations in individual contracts. Here too the customer is free to prove that the above- mentioned claim was not made or was not made in the required amount.

V. WITHDRAWAL BY THE HOTEL

  1. If it is agreed in writing that the customer can withdraw free of costs from the contract within a particular deadline, FOURSIDE is entitled to withdraw from the contract within this period if other customers enquire about the contractually booked rooms and the customer does not waive their right to withdrawal upon query by FOURSIDE with an appropriate deadline.
  2. If an advance payment or security deposit which is agreed or requested according to paragraph III.6 is not provided after a reasonable grace period set by FOURSIDE has elapsed, then FOURSIDE is also entitled to withdraw from the contract.
  3. In addition, FOURSIDE is entitled to withdraw from the contract exceptionally for factually justified reasons, for example in case of force majeure or circumstances for which FOUSIDE is not responsible and which make the fulfilment of the contract impossible; rooms having been culpably booked under erroneous or false information or concealment of important facts; important facts can be the identity of the customer, the ability to pay or the purpose of the stay; FOURSIDE having reasonable grounds to assume that using the service can endanger the smooth running of business operations, safety or the reputation of FOURSIDE among the general public without this being attributed to the hotel's sphere of control or organisation; the purpose and/or the reason for the stay being illegal; the above- mentioned paragraph I.2 having been breached.
  4. Authorised withdrawal by FOURSIDE shall not entitle the customer to claim damages.

VI. ROOM PREPARATION, ARRIVAL AND DEPARTURE

  1. The customer is not entitled to request the preparation of particular rooms, unless this is expressly agreed.
  2. Reserved rooms are available to the customer from 3 pm on the agreed day of arrival. The customer cannot ask for earlier arrival.
  3. On the agreed departure day, the rooms must be empty by 12 o´clock noon. Afterwards, FOURSIDE may charge 50% of the full price (daily rate) if the customer leaves the room later than contractually agreed but no later than 6 pm or 100 % if the customer leaves after 6 pm. Contractual claims by the customer are not hereby justified. The customer is free to prove that FOURSIDE incurs no or only a significantly lower claim to a usage fee.

VII. LIABILITY OF THE HOTEL

  1. FOURSIDE is liable for its obligations arising from the contract. Claims of the customer for damages are excluded. Exceptions to this are damages arising from injuries to life, limb or health in cases where FOURSIDE is responsible for a violation of duty as well as any other damage arising from a deliberate or grossly negligent violation of duty committed by FOURSIDE and damages arising from a deliberate or negligent breach of typical contract duties by FOURSIDE. A violation of duty by FOURSIDE is equivalent to a violation of duty by a legal representative or a vicarious agent. If there are disruptions or defects in FOURSIDE's services, FOURSIDE will endeavour to remedy the situation as soon as it becomes aware of the disruption or defect, or upon immediate reprimand by the customer. The customer is obliged to contribute to a reasonable degree to correct the disruption and to keep possible damage to a minimum. The customer is also obliged to inform FOURSIDE in good time of the possibility of the emergence of extremely high damages.
  2. FOURSIDE's liability for items brought in by the customer is in line with the legal provisions. FOURSIDE recommends the use of the hotel safe; the room safes do not guarantee risk-free storage. If the guest wants to bring in money, valuable papers and valuable items with a total value of more than €800, or other things with a total value of more than € 3500, this requires a separate storage agreement with FOURSIDE.
  3. Even outside their room, the customer is always obliged to look after his or her things and valuable items. FOURSIDE is only liable in accordance with the proceeding provision VII.7 sentences 1.
  4. FOURSIDE has no customer parking. Temporarily parking vehicles does not constitute the conclusion of a contract of safe custody. In the case of loss or damage to vehicles and their contents parked or ranked on the grounds of the hotel, FOURSIDE shall be liable only in accordance with the provisions of the preceding paragraph VII.7 sentences 1-4.
  5. Wake-up calls, messages, post and shipment of goods for guests are handled with care. FOURSIDE will carry out the delivery, storage and, on request, forwarding of the same against payment. FOURSIDE is only liable for wake-up calls, news, post and shipment of goods in accordance with the provisions of the preceding paragraph VII.7 sentences 1-4.
  6. The photos shown on the website and in brochures are of an indicative nature only and are for illustration purposes. They provide no guarantee as to the condition of the rooms booked by customers. Even if all efforts have been made to ensure that photographs, graphical representations and reproduced texts designed to illustrate FOURSIDE provide as accurate an impression as possible of the accommodation offered, differences may arise between the rooms booked and those illustrated, in particular due to the large number of rooms, changes to fixtures and fittings or any renovation work carried out. Complaints from guests in this regard are not justified.
  7. FOURSIDE cannot be held liable for the non-completion or poor completion of bookings in the event of force majeure or caused by the actions of third parties, the guest or the partner thereof, including non-availability of the Internet, restricted access to the website, external interventions, viruses or non- authorised advance payment on the part of the remitting bank.

VIII. CUSTOMER LIABILITY FOR DAMAGE

  1. If the customer is an entrepreneur, they are liable for all damage to buildings or fixtures caused by function participants and/or visitors, employees, fellow travellers, visitors, or other associated third parties or the customer him or herself. The statutory liability regulations apply for consumers.
  2. FOURSIDE can request the status of appropriate securities from the customer (e. g. insurance, sureties, and bonds).

IX. FINAL PROVISIONS

  1. Changes and addenda to this contract, the acceptance proposal or these general terms and conditions must be in writing. Unilateral changes or addenda by the customer are invalid.
  2. The place of fulfilment and payment is the location of FOURSIDE.
  3. The exclusive court of jurisdiction for commercial transactions – also for disputes involving cheques and bills of exchange – is Hamburg. If a contractual partner fulfils the requirements of § 38 paragraph 2 ZPO (German Code of Civil Procedure) and has no general place of jurisdiction in Germany, Hamburg is the place of jurisdiction.
  4. German law applies. The application of UN Convention of the International Sale of Goods and Conflict Law and the conflict of laws are excluded. 5. If individual conditions of these General Terms and Conditions are or become unenforceable or void, the enforceability of the remaining conditions is unaffected. In other respects, statutory provisions apply.

GENERAL TERMS AND CONDITIONS OF BUSINESS FOR FOURSIDE HOTEL TRIER GMBH / FUNCTION ROOMS

I. SCOPE

  1. These terms and conditions apply to contracts for the rental of conference, banqueting, and function rooms of the FOURSIDE Hotel Trier GmbH (hereinafter referred to as "FOURSIDE") for hosting events such as banquets, seminars, conferences, exhibitions and presentations etc. as well as all further deliveries and services provided as part thereof by FOURSIDE for the customer.
  2. Subletting or re-letting the rooms, areas or show cases as well as invitation to job interviews, sales events or similar events require the prior written consent of FOURSIDE whereby § 540, para. 1 sentence 2 BGB is waived if the customer is not a consumer.
  3. General terms and conditions of the customer are only applied if this is exclusively agreed in writing beforehand.

II. CONCLUSION OF THE CONTRACT, CONTRACTUAL PARTNERS, LIABILITY LIMITATION

  1. The contract is concluded when a customer request is accepted by FOURSIDE; these are the contractual partners. The booking of the function will be confirmed in writing.
  2. If the customer is not the host him or herself and/or if the host brings in a commercial agent or organizer, the host shall be held jointly liable together with the customer for all obligations arising from the contract, if FOURSIDE provides an appropriate statement from the host.
  3. All claims against FOURSIDE are generally time-barred within one year from the statutory start of the limitation period. Claims for damages are time-barred in five years regardless of knowledge, insofar as they are not based on a violation of life, body, health or freedom. These claims for damages are time-barred in ten years regardless of knowledge. The reductions of the statute of limitation period shall not apply for claims based on an intentional or grossly negligent breach of duty by FOURSIDE. Claims of consumers in the sense of § 13 BGB are time-barred in accordance with the statutory provisions.

III. SERVICES, PRICES, PAYMENT, CHARGING

  1. FOURSIDE is bound to provide the services ordered by the customer and promised by FOURSIDE.
  2. The customer is obliged to pay FOURSIDE's agreed and/or valid prices for this and the additional services requested. This also applies for services arranged by the customer and FOURSIDE's expenses to third parties, in particular, also for bills owed by copyright collection societies. The agreed prices include the respective statutory sales tax.
  3. FOURSIDE's invoices without mentioned due date are to be paid upon receipt of the invoice without deduction and. FOURSIDE can request immediate payment of debts due at any time from the customer. In case of delayed payment, FOURSIDE is entitled to claim the respectively applicable statutory interest on account of delay currently in the amount of 9 % and/or in case of legal transactions involving a consumer, in the amount of 5 %. FOURSIDE reserves the right to provide proof of higher damages.
  4. Upon conclusion of the contract, FOURSIDE is entitled to request from the customer an appropriate advance payment or a security deposit in the form of a credit card guarantee, debiting a credit card, a deposit or similar. The amount of the advance payment and the payment deadlines can be agreed in writing in the contract.
  5. In justified cases, e.g. payment arrears of the customer or extension of the scope of the contract, FOURSIDE is entitled to request an advance payment or provision of security within the meaning of the above no. 4 or an increase in the advance payment or security deposit agreed upon in the contract up to the fully agreed fee. FOURSIDE can request this even after conclusion of the contract up to the start of the event.
  6. The customer may only offset or reduce an undisputed or legally binding receivable owed by the FOURSIDE against a receivable owed to the FOURSIDE.

IV. WITHDRAWAL BY THE CUSTOMER (CANCELLATION, ANNULMENT)

  1. The customer can only cancel the contract concluded with FOURSIDE if a right of withdrawal has been expressly agreed in the contract, another statutory right of withdrawal exists, or if FOURSIDE expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as the eventual consent to a cancellation of the contract must each be in writing. If this doesn't happen, the agreed room rental arising from the contract as well as services arranged by third parties are also to be paid for if the customer does not use contractual services and subletting is no longer possible.
  2. If a deadline for the cost-free withdrawal of the contract has been agreed in writing between FOURSIDE and the customer, the customer can withdraw from the contract before that point without payment or damages claims being triggered by FOURSIDE. The customer's right of withdrawal expires if they do not pursue their right of withdrawal towards FOURSIDE in writing before the agreed deadline.
  3. If the customer withdraws between 8 and 4 weeks before the date of the function, FOURSIDE is entitled, to charge 35 % of lost food sales in addition to the agreed rental price; any later cancellation will result in an additional 70 % of the food sales.
  4. Food sales are calculated using the following formula: agreed menu price x number of participants. If no price was agreed upon for the menu, then the least expensive three- course meal in the currently available set of event offerings shall apply.
  5. If a conference or event flat rate was agreed per participant, FOURSIDE is entitled to charge 60% of the conference or event flat rate x the agreed number of participants in case of withdrawal between 8 and 4 weeks before the date of the function. This figure will be 85% in case of later withdrawal.
  6. The deduction of saved expenses is taken into account through nos. 3 to 5. The customer is free to prove that the above-mentioned claim was not made or was not made in the required amount.

V. WITHDRAWAL BY THE HOTEL

  1. If it is agreed in writing that the customer can withdraw free of costs from the contract within a particular deadline, FOURSIDE is entitled to withdraw from the contract within this period if other customers enquire about the contractually booked function rooms and the customer does not waive their right to withdrawal upon query by FOURSIDE.
  2. If an advance payment or security deposit which is agreed or requested according to paragraph III.4 and/or III.5 is not provided after a reasonable grace period set by FOURSIDE has elapsed, then FOURSIDE is also entitled to withdraw from the contract.
  3. In addition, FOURSIDE is entitled to withdraw from the contract exceptionally for factually justified reasons, for example in case of
  • force majeure or circumstances for which FOUSIDE is not responsible and which make the fulfilment of the contract impossible;
  • events or rooms having been culpably booked under erroneous or false contractually important information, e. g. the person who is the customer or the purpose of the event;
  • FOURSIDE having reasonable grounds to assume that the event can endanger the smooth running of business operations, safety or the reputation of FOURSIDE among the general public without this being attributed to FOURSIDE's sphere of control or organization;
  • the purpose and/or the reason for the event being illegal; paragraph I.2 having been breached.

4. In case of authorized withdrawal by FOURSIDE, the customer shall not be entitled to claim damages.

VI. CHANGES IN NUMBER OF PARTICIPANTS AND TIME OF FUNCTION

  1. FOURSIDE must be made aware of a change of more than 5 % in the number of participants five working days before the start of the function at the latest; such a change requires FOURSIDE's written agreement.
  2. If the customer reduces the number of participants by up to 5 %, this will be acknowledged by FOURSIDE when billing. In case of a change greater than 5 %, the originally agreed number of participants minus 5 % will be used. The customer has the right to reduce the agreed price by the expenditure saved - proved by the customer - due to a lower number of participants.
  3. In case of variation as per above, the actual number of participants will be charged.
  4. In case the number of participants deviates by more than 10 %, FOURSIDE is entitled to set a new price and exchange the booked rooms, unless this is unreasonable to the customer.
  5. If the agreed start or end times of the function change and if FOURSIDE agrees to these changes, FOURSIDE can charge as appropriate for the additional willingness to provide a service, unless FOURSIDE is at fault.

VII. BRINGING FOOD AND DRINK

The customer is not allowed to bring food and drink to events. Exceptions to this need written agreement from FOURSIDE. In these cases, a contribution to cover the overhead costs will be calculated.

VIII. TECHNICAL FITTINGS AND CONNECTIONS

  1. If FOURSIDE supplies technical and other facilities or equipment from third parties for the customer at their request, it does so in the name of, on the authorization of, and on the account of the customer. The customer is liable for the careful handling and proper return of such facilities and equipment. The customer indemnifies FOURSIDE from all third-party claims arising from the provision of this equipment.
  2. The use of the customer's electrical systems using FOURSIDE's power supply requires written consent. If the use of this equipment results in malfunctions or damage to the technical installations of FOURSIDE, this will be charged to the customer as long as FOURSIDE is not responsible. FOURSIDE is entitled to determine and calculate a fixed rate for electricity costs arising from the usage of their technical installations.
  3. The customer is, with the consent of FOURSIDE, entitled to use their own telephone, fax and data transfer equipment. FOURSIDE can charge a connection fee for this.
  4. If the customer connecting their own systems results in appropriate FOURSIDE systems being unused, a compensation fee may be calculated.
  5. Disruption to technical or other equipment provided by FOURSIDE must be corrected immediately as far as possible. Payments may not be withheld or reduced, as long as FOURSIDE is not responsible for these faults.

IX. LIABILITY OF THE HOTEL/ LOSS OF OR DAMAGE TO CUSTOMER'S PROPERTY

  1. FOURSIDE is liable for its obligations arising from the contract. Claims of the customer for damages are excluded. Exceptions to this are damages arising from injuries to life, limb or health in cases where FOURSIDE is responsible for a violation of duty as well as any other damage arising from a deliberate or grossly negligent violation of duty committed by FOURSIDE and damages arising from a deliberate or negligent breach of typical contract duties by FOURSIDE. A violation of duty by FOURSIDE is equivalent to a violation of duty by a legal representative or a vicarious agent. If there are disruptions or defects in FOURSIDE's services, FOURSIDE will endeavor to remedy the situation as soon as it becomes aware of the disruption or defect, or upon immediate reprimand by the customer. The customer is obliged to contribute to a reasonable degree to correct the disruption and to keep possible damage to a minimum. The customer is also obliged to inform FOURSIDE in good time of the possibility of the emergence of extremely high damages.
  2. Bringing exhibition items or other personal items into the function rooms or the hotel is at the risk of the customer. FOURSIDE assumes no liability for loss, destruction or damage, even for pecuniary damages, except in cases of gross negligence or intent on the part of FOURSIDE. Exceptions to this are damages from injury to life, body and health. In addition, all cases in which safe-keeping presents a contract-typical obligation due to the circumstances of the individual case are excluded from this exemption from liability.
  3. Decorations brought in must conform to fire protection requirements. FOURSIDE is entitled to request official evidence of this. If such proof is not provided, FOURSIDE is entitled to remove materials already brought in at the cost of the customer. Due to the possibility of damage, the installation and fitting of goods must be agreed with FOURSIDE in advance.
  4. Exhibition items and other items brought in must be removed immediately at the end of the event. If the customer fails to do so, FOURSIDE can remove and store the items at the customer's expense and without prior notification. If the items remain in the function room, FOURSIDE can calculate appropriate compensation for use for the length of time they remain there. The customer is free to prove that the above-mentioned claim was not made or was not made in the required amount.
  5. The photos shown on the website and in brochures are of an indicative nature only and are for illustration purposes. They provide no guarantee as to the condition of the rooms booked by customers. Even if all efforts have been made to ensure that photographs, graphical representations and reproduced texts designed to illustrate FOURSIDE provide as accurate an impression as possible of the accommodation offered, differences may arise between the rooms booked and those illustrated, in particular due to the large number of rooms, changes to fixtures and fittings or any renovation work carried out. Complaints from guests in this regard are not justified.
  6. FOURSIDE cannot be held liable for the non-completion or poor completion of bookings in the event of force majeure or caused by the actions of third parties, the guest or the partner thereof, including non-availability of the Internet, restricted access to the website, external interventions, viruses or non-authorized advance payment on the part of the remitting bank

X. CUSTOMER LIABILITY FOR DAMAGE

  1. If the customer is an entrepreneur, they are liable for all damage to buildings or fixtures caused by function participants and/or visitors, employees, other associated third parties or the customer him or herself. The statutory liability regulations apply for consumers.
  2. FOURSIDE can request the status of appropriate securities from the customer (e. g. insurance, sureties, and bonds).

XI. FINAL PROVISIONS

  1. Changes and addenda to this contract, the acceptance proposal, or these general terms and conditions must be in writing. Unilateral changes or addenda by the customer are invalid.
  2. The place of fulfilment and payment is the location of FOURSIDE.
  3. The exclusive court of jurisdiction for commercial transactions – also for disputes involving cheques and bills of exchange - is Hamburg. If a contractual partner fulfils the requirements of § 38 paragraph 2 ZPO and has no general place of jurisdiction in Germany, Hamburg is the place of jurisdiction.
  4. German law applies. The application of UN Convention of the International Sale of Goods and Conflict Law and the conflict of laws is excluded.
  5. If individual conditions of these General Terms and Conditions for Events are unenforceable or void, the enforceability of the remaining conditions is unaffected. In other respects, statutory provisions apply.

GENERAL TERMS AND CONDITIONS OF BUSINESS FOR FOURSIDE HOTEL & SUITES GMBH / ROOMS

I. SCOPE

  1. These terms and conditions apply to contracts for the rental of hotel rooms in the FOURSIDE Hotel & Suites GmbH (hereinafter referred to as "FOURSIDE") for accommodation as well as all further deliveries and services provided as part thereof by the hotel for the customer (hotel accommodation contract). The term "hotel accommodation contract" encompasses and replaces the following terms: accommodation contract, lodging contract, hotel contract and hotel room contract.
  2. Subletting or re-letting the rooms as well as their use for purposes other than accommodation require the prior written consent of FOURSIDE, if the customer is not a consumer.
  3. General terms and conditions of the customer are only applied if this is exclusively agreed in writing beforehand.
  4. All preexisting, personal data may be stored, compiled and used through Fourside, which is related to Centro Hotel Management GmbH, or one of its authorised service providers for fullfilment of closed lodging contracts in their System.
  5. For all not mentioned or assigned specifications within this given Terms of conditions Document, Hotels Terms of conditions 2006 can be used additionally.

II. CONCLUSION OF THE CONTRACT, CONTRACTUAL PARTNERS, LIABILITY LIMITATION

  1. The contract is concluded when a customer request is accepted by FOURSIDE; these are the contractual partners. FOURSIDE is free to confirm the room reservation in writing.
  2. If a third party has ordered on behalf of the customer, the customer is liable to FOURSIDE as well as the third party as joint debtor for all obligations arising from the hotel accommodation contract, as long as FOURSIDE provides an appropriate statement from the third party.
  3. All claims against FOURSIDE are generally time-barred within one year from the statutory start of the limitation period. This does not apply to claims for damages and other claims provided that the latter is based on an intentional or grossly negligent breach of duty by FOURSIDE or its vicarious agents. These claims for damages are time-barred in ten years regardless of knowledge. The reductions of the statute of limitation period shall not apply for claims based on an intentional or grossly negligent breach of duty by FOURSIDE. Claims of consumers in the sense of § 1 KSchG are time-barred in accordance with the statutory provisions.

III. SERVICES, PRICES, PAYMENT, CHARGING

  1. FOURSIDE is obliged to make the room booked by the customer available and provide the services agreed. In case of cancellation, FOURSIDE is entitled to transfer the customer to a suitable hotel.
  2. The customer is obliged to pay FOURSIDE's agreed and/or valid prices for room rental and the additional services used by the customer. This is also valid for services ordered directly by the customer or via FOURSIDE which are provided by a third party and which are disbursed by FOURSIDE.
  3. FOURSIDE's invoices are to be paid upon receipt of the invoice without deduction and without mentioned due date. FOURSIDE can request immediate payment of debts due at any time from the customer. In case of delayed payment, FOURSIDE is entitled to claim the respectively applicable statutory interest on account of delay currently in the amount of 9% and/or in case of legal transactions involving a consumer, in the amount of 5 %. FOURSIDE reserves the right to provide proof of higher damages.
  4. The prices agreed are inclusive of all taxes and local fees applicable at the conclusion of the contract. Not included are bed tax as well as local fees due by the guest him or herself according to the respective municipal law, for example visitor's tax. If the statutory sales tax is changed, or new local fees on the object of service are introduced, changed or abolished after the conclusion of the contract, the prices will be adjusted accordingly. For contracts with consumers this is only valid if the period between the conclusion of the contract and the fulfilment of the contract exceeds four months.
  5. After conclusion of the contract, FOURSIDE is not obliged to agree to reduce the number of rooms booked, the service from FOURSIDE or the duration of the customer's stay if the customer subsequently requires this. If FOURSIDE agrees, it does so on the condition that the price for the rooms and/or the other services may be increased by FOURSIDE.
  6. Upon conclusion of the contract, FOURSIDE is entitled to request from the customer an appropriate advance payment up to the amount of the full room rate or a security deposit, for example in the form of a credit card guarantee or debiting a credit card. The amount of the advance payment, the payment deadlines and/or the security deposit is to be agreed in writing. In case of advance payments or security deposits for package holidays, statutory provisions are unaffected. If the customer delays payment, the statutory regulations are unaffected.
  7. At the beginning of or during the customer's stay, FOURSIDE is also entitled to request an advance payment or security deposit within the sense of the previous paragraph III.6 for existing and future bills outstanding from this contract, insofar as this was not already provided according to the previous paragraph III.6.
  8. The customer can settle or offset an undisputed or legally binding outstanding bill against an outstanding bill from FOURSIDE.

IV. WITHDRAWAL BY THE CUSTOMER (CANCELLATION, ANNULMENT) / FAILURE TO USE HOTEL SERVICES (NO SHOW)

  1. The customer can only cancel the contract concluded with FOURSIDE if a right of withdrawal has been expressly agreed in the contract, another statutory right of withdrawal exists, or if FOURSIDE expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as the eventual consent to a cancellation of the contract must each be in writing.
  2. If a deadline for the cost-free withdrawal from the contract has been agreed between FOURSIDE and the customer, the customer can withdraw from the contract before that point without payment or damages claims being triggered by FOURSIDE. The customer's right of withdrawal expires if they do not pursue their right of withdrawal against FOURSIDE before the agreed deadline.
  3. If a right of withdrawal is not agreed, or has already expired, no statutory right of withdrawal or right of cancellation exists and if FOURSIDE does not agree to a cancellation of the contract, FOURSIDE reserves the right to claim the agreed payment in spite of services not being used. FOURSIDE has to offset the earnings from further renting of the rooms as well as the expenditure saved. If the rooms are not otherwise rented, FOURSIDE can estimate the deduction for saved expenses. In this case, the customer is obliged to pay 90 % of the contractually agreed price for an overnight stay with or without breakfast as well as for packages with third-party services. The customer is free to prove that the above-mentioned claim was not made or was not made in the required amount.
  4. The regulations under paragraph IV.3 apply for half and full board arrangements provided that 80% of the contractually agreed price is paid by the customer, as long as the parties have not agreed upon alternative regulations in individual contracts. Here too the customer is free to prove that the above- mentioned claim was not made or was not made in the required amount.
  5. In accordance to § 18 Abs 1 Z 10 FAGG (Federal law over distance and off-premises contracts) withdrawal is prohibited according to § 11 FAGG.

V. WITHDRAWAL BY THE HOTEL

  1. If it is agreed in writing that the customer can withdraw free of costs from the contract within a particular deadline, FOURSIDE is entitled to withdraw from the contract within this period if other customers enquire about the contractually booked rooms and the customer does not waive their right to withdrawal upon query by FOURSIDE with an appropriate deadline.
  2. If an advance payment or security deposit which is agreed or requested according to paragraph III.6 is not provided after a reasonable grace period set by FOURSIDE has elapsed, then FOURSIDE is also entitled to withdraw from the contract.
  3. In addition, FOURSIDE is entitled to withdraw from the contract exceptionally for factually justified reasons, for example in case of force majeure or circumstances for which FOUSIDE is not responsible and which make the fulfilment of the contract impossible; rooms having been culpably booked under erroneous or false information or concealment of important facts; important facts can be the identity of the customer, the ability to pay or the purpose of the stay; FOURSIDE having reasonable grounds to assume that using the service can endanger the smooth running of business operations, safety or the reputation of FOURSIDE among the general public without this being attributed to the hotel's sphere of control or organisation; the purpose and/or the reason for the stay being illegal; the above- mentioned paragraph I.2 having been breached.
  4. Authorised withdrawal by FOURSIDE shall not entitle the customer to claim damages.

VI. ROOM PREPARATION, ARRIVAL AND DEPARTURE

  1. The customer is not entitled to request the preparation of particular rooms, unless this is expressly agreed.
  2. Reserved rooms are available to the customer from 3 pm on the agreed day of arrival. The customer cannot ask for earlier arrival.
  3. On the agreed departure day, the rooms must be empty by 12 o´clock noon. Afterwards, FOURSIDE may charge 50% of the full price (daily rate) if the customer leaves the room later than contractually agreed but no later than 6 pm or 100 % if the customer leaves after 6 pm. Contractual claims by the customer are not hereby justified. The customer is free to prove that FOURSIDE incurs no or only a significantly lower claim to a usage fee.

VII. LIABILITY OF THE HOTEL

  1. FOURSIDE is liable for its obligations arising from the contract. Claims of the customer for damages are excluded. Exceptions to this are damages arising from injuries to life, limb or health in cases where FOURSIDE is responsible for a violation of duty as well as any other damage arising from a deliberate or grossly negligent violation of duty committed by FOURSIDE and damages arising from a deliberate or negligent breach of typical contract duties by FOURSIDE. A violation of duty by FOURSIDE is equivalent to a violation of duty by a legal representative or a vicarious agent. If there are disruptions or defects in FOURSIDE's services, FOURSIDE will endeavour to remedy the situation as soon as it becomes aware of the disruption or defect, or upon immediate reprimand by the customer. The customer is obliged to contribute to a reasonable degree to correct the disruption and to keep possible damage to a minimum. The customer is also obliged to inform FOURSIDE in good time of the possibility of the emergence of extremely high damages.
  2. FOURSIDE's liability for items brought in by the customer is in line with the legal provisions. FOURSIDE recommends the use of the hotel safe; the room safes do not guarantee risk-free storage. If the guest wants to bring in money, valuable papers and valuable items with a total value of more than €800, or other things with a total value of more than € 3500, this requires a separate storage agreement with FOURSIDE.
  3. Even outside their room, the customer is always obliged to look after his or her things and valuable items. FOURSIDE is only liable in accordance with the proceeding provision VII.7 sentences 1.
  4. FOURSIDE has no customer parking. Temporarily parking vehicles does not constitute the conclusion of a contract of safe custody. In the case of loss or damage to vehicles and their contents parked or ranked on the grounds of the hotel, FOURSIDE shall be liable only in accordance with the provisions of the preceding paragraph VII.7 sentences 1-4.
  5. Wake-up calls, messages, post and shipment of goods for guests are handled with care. FOURSIDE will carry out the delivery, storage and, on request, forwarding of the same against payment. FOURSIDE is only liable for wake-up calls, news, post and shipment of goods in accordance with the provisions of the preceding paragraph VII.7 sentences 1-4.
  6. The photos shown on the website and in brochures are of an indicative nature only and are for illustration purposes. They provide no guarantee as to the condition of the rooms booked by customers. Even if all efforts have been made to ensure that photographs, graphical representations and reproduced texts designed to illustrate FOURSIDE provide as accurate an impression as possible of the accommodation offered, differences may arise between the rooms booked and those illustrated, in particular due to the large number of rooms, changes to fixtures and fittings or any renovation work carried out. Complaints from guests in this regard are not justified.
  7. FOURSIDE cannot be held liable for the non-completion or poor completion of bookings in the event of force majeure or caused by the actions of third parties, the guest or the partner thereof, including non-availability of the Internet, restricted access to the website, external interventions, viruses or non- authorised advance payment on the part of the remitting bank.

VIII. CUSTOMER LIABILITY FOR DAMAGE

  1. If the customer is an entrepreneur, they are liable for all damage to buildings or fixtures caused by function participants and/or visitors, employees, fellow travellers, visitors, or other associated third parties or the customer him or herself. The statutory liability regulations apply for consumers.
  2. FOURSIDE can request the status of appropriate securities from the customer (e. g. insurance, sureties, and bonds).

IX. DATA PROTECTION

FOURSIDE takes the personal data protection, as well as the specifications of Dataprotection policies as a serious matter. The Data protection specification from FOURSIDE can be found at: https://www.fourside-hotels.com/en/datenschutz.html

X. FINAL PROVISIONS

  1. Changes and addenda to this contract, the acceptance proposal, or these general terms and conditions must be in writing. Any deviations from the written agreement requires to be applied with an written form.
  2. The place of fulfilment and payment is the location of FOURSIDE.
  3. The exclusive court of jurisdiction for commercial transactions – also for disputes involving cheques and bills of exchange - is Vienna. If a contractual partner fulfils the requirements of § 38 paragraph 2 ZPO and has no general place of jurisdiction in Germany, Hamburg is the place of jurisdiction.
  4. Austrian law applies. The application of UN Convention of the International Sale of Goods and Conflict Law and the conflict of laws is excluded.
  5. If individual conditions of these General Terms and Conditions for Events are unenforceable or void, the enforceability of the remaining conditions is unaffected. In other respects, statutory provisions apply.

 

GENERAL TERMS AND CONDITIONS OF BUSINESS FOR FOURSIDE HOTEL & Suites GMBH / FUNCTION ROOMS

I. SCOPE

  1. These terms and conditions apply to contracts for the rental of conference, banqueting, and function rooms of the FOURSIDE Hotel & Suites GmbH (hereinafter referred to as "FOURSIDE") for hosting events such as banquets, seminars, conferences, exhibitions and presentations etc. as well as all further deliveries and services provided as part thereof by FOURSIDE for the customer.
  2. Subletting or re-letting the rooms, areas or show cases as well as invitation to job interviews, sales events or similar events require the prior written consent of FOURSIDE, if the customer is not a consumer.
  3. General terms and conditions of the customer are only applied if this is exclusively agreed in writing beforehand.
  4. All preexisting, personal data may be stored, compiled and used through FOURSIDE, which is related to Centro Hotel Management GmbH, or one of its authorised service providers for fullfilment of closed lodging contracts in their System.
  5. For all not mentioned or assigned specifications within this given Terms of conditions Document, Hotels Terms of conditions 2006 (AGBH idgF) can be used additionally.

II. CONCLUSION OF THE CONTRACT, CONTRACTUAL PARTNERS, LIABILITY LIMITATION

  1. The contract is concluded when a customer request is accepted by FOURSIDE; these are the contractual partners. The booking of the function will be confirmed in writing.
  2. If the customer is not the host him or herself and/or if the host brings in a commercial agent or organizer, the host shall be held jointly liable together with the customer for all obligations arising from the contract, if FOURSIDE provides an appropriate statement from the host.
  3. All claims against FOURSIDE are generally time-barred within one year from the statutory start of the limitation period. Claims for damages are time-barred in five years regardless of knowledge, insofar as they are not based on a violation of life, body, health or freedom. These claims for damages are time-barred in ten years regardless of knowledge. The reductions of the statute of limitation period shall not apply for claims based on an intentional or grossly negligent breach of duty by FOURSIDE. Claims of consumers in the sense of § 1 KSchG are time-barred in accordance with the statutory provisions.

III. SERVICES, PRICES, PAYMENT, CHARGING

  1. FOURSIDE is bound to provide the services ordered by the customer and promised by FOURSIDE.
  2. The customer is obliged to pay FOURSIDE's agreed and/or valid prices for this and the additional services requested. This also applies for services arranged by the customer and FOURSIDE's expenses to third parties, in particular, also for bills owed by copyright collection societies. The agreed prices include the respective statutory sales tax.
  3. FOURSIDE's invoices without mentioned due date are to be paid upon receipt of the invoice without deduction and. FOURSIDE can request immediate payment of debts due at any time from the customer. In case of delayed payment, FOURSIDE is entitled to claim the respectively applicable statutory interest on account of delay currently in the amount of 9 % and/or in case of legal transactions involving a consumer, in the amount of 5 %. FOURSIDE reserves the right to provide proof of higher damages.
  4. Upon conclusion of the contract, FOURSIDE is entitled to request from the customer an appropriate advance payment or a security deposit in the form of a credit card guarantee, debiting a credit card, a deposit or similar. The amount of the advance payment and the payment deadlines can be agreed in writing in the contract.
  5. In justified cases, e.g. payment arrears of the customer or extension of the scope of the contract, FOURSIDE is entitled to request an advance payment or provision of security within the meaning of the above no. 4 or an increase in the advance payment or security deposit agreed upon in the contract up to the fully agreed fee. FOURSIDE can request this even after conclusion of the contract up to the start of the event.
  6. The customer may only offset or reduce an undisputed or legally binding receivable owed by the FOURSIDE against a receivable owed to the FOURSIDE.

IV. WITHDRAWAL BY THE CUSTOMER (CANCELLATION, ANNULMENT)

  1. The customer can only cancel the contract concluded with FOURSIDE if a right of withdrawal has been expressly agreed in the contract, another statutory right of withdrawal exists, or if FOURSIDE expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as the eventual consent to a cancellation of the contract must each be in writing. If this doesn't happen, the agreed room rental arising from the contract as well as services arranged by third parties are also to be paid for if the customer does not use contractual services and subletting is no longer possible.
  2. If a deadline for the cost-free withdrawal of the contract has been agreed in writing between FOURSIDE and the customer, the customer can withdraw from the contract before that point without payment or damages claims being triggered by FOURSIDE. The customer's right of withdrawal expires if they do not pursue their right of withdrawal towards FOURSIDE in writing before the agreed deadline.
  3. If the customer withdraws between 8 and 4 weeks before the date of the function, FOURSIDE is entitled, to charge 35 % of lost food sales in addition to the agreed rental price; any later cancellation will result in an additional 70 % of the food sales.
  4. Food sales are calculated using the following formula: agreed menu price x number of participants. If no price was agreed upon for the menu, then the least expensive three- course meal in the currently available set of event offerings shall apply.
  5. If a conference or event flat rate was agreed per participant, FOURSIDE is entitled to charge 60% of the conference or event flat rate x the agreed number of participants in case of withdrawal between 8 and 4 weeks before the date of the function. This figure will be 85% in case of later withdrawal.
  6. The deduction of saved expenses is taken into account through nos. 3 to 5. The customer is free to prove that the above-mentioned claim was not made or was not made in the required amount.
  7. In accordance to § 18 Abs 1 Z 10 FAGG (Federal law over distance and off-premises contracts) withdrawal is prohibited according to § 11 FAGG.

V. WITHDRAWAL BY THE HOTEL

  1. If it is agreed in writing that the customer can withdraw free of costs from the contract within a particular deadline, FOURSIDE is entitled to withdraw from the contract within this period if other customers enquire about the contractually booked function rooms and the customer does not waive their right to withdrawal upon query by FOURSIDE.
  2. If an advance payment or security deposit which is agreed or requested according to paragraph III.4 and/or III.5 is not provided after a reasonable grace period set by FOURSIDE has elapsed, then FOURSIDE is also entitled to withdraw from the contract.
  3. In addition, FOURSIDE is entitled to withdraw from the contract exceptionally for factually justified reasons, for example in case of - force majeure or circumstances for which FOUSIDE is not responsible and which make the fulfilment of the contract impossible; events or rooms having been culpably booked under erroneous or false contractually important information, e. g. the person who is the customer or the purpose of the event; FOURSIDE having reasonable grounds to assume that the event can endanger the smooth running of business operations, safety or the reputation of FOURSIDE among the general public without this being attributed to FOURSIDE's sphere of control or organization; the purpose and/or the reason for the event being illegal; paragraph I.2 having been breached.
  4. In case of authorized withdrawal by FOURSIDE, the customer shall not be entitled to claim damages.

VI. CHANGES IN NUMBER OF PARTICIPANTS AND TIME OF FUNCTION

  1. FOURSIDE must be made aware of a change of more than 5 % in the number of participants five working days before the start of the function at the latest; such a change requires FOURSIDE's written agreement.
  2. If the customer reduces the number of participants by up to 5 %, this will be acknowledged by FOURSIDE when billing. In case of a change greater than 5 %, the originally agreed number of participants minus 5% will be used. The customer has the right to reduce the agreed price by the expenditure saved - proved by the customer - due to a lower number of participants.
  3. In case of variation as per above, the actual number of participants will be charged.
  4. In case the number of participants deviates by more than 10 %, FOURSIDE is entitled to set a new price and exchange the booked rooms, unless this is unreasonable to the customer.
  5. If the agreed start or end times of the function change and if FOURSIDE agrees to these changes, FOURSIDE can charge as appropriate for the additional willingness to provide a service, unless FOURSIDE is at fault.

VII. BRINGING FOOD AND DRINK

The customer is not allowed to bring food and drink to events. Exceptions to this need written agreement from FOURSIDE. In these cases, a contribution to cover the overhead costs will be calculated.

VIII. TECHNICAL FITTINGS AND CONNECTIONS

  1. If FOURSIDE supplies technical and other facilities or equipment from third parties for the customer at their request, it does so in the name of, on the authorization of, and on the account of the customer. The customer is liable for the careful handling and proper return of such facilities and equipment. The customer indemnifies FOURSIDE from all third-party claims arising from the provision of this equipment.
  2. The use of the customer's electrical systems using FOURSIDE's power supply requires written consent. If the use of this equipment results in malfunctions or damage to the technical installations of FOURSIDE, this will be charged to the customer as long as FOURSIDE is not responsible. FOURSIDE is entitled to determine and calculate a fixed rate for electricity costs arising from the usage of their technical installations.
  3. The customer is, with the consent of FOURSIDE, entitled to use their own telephone, fax and data transfer equipment. FOURSIDE can charge a connection fee for this.
  4. If the customer connecting their own systems results in appropriate FOURSIDE systems being unused, a compensation fee may be calculated.
  5. Disruption to technical or other equipment provided by FOURSIDE must be corrected immediately as far as possible. Payments may not be withheld or reduced, as long as FOURSIDE is not responsible for these faults.

IX. LIABILITY OF THE HOTEL/ LOSS OF OR DAMAGE TO CUSTOMER'S PROPERTY

  1. FOURSIDE is liable for its obligations arising from the contract. Claims of the customer for damages are excluded. Exceptions to this are damages arising from injuries to life, limb or health in cases where FOURSIDE is responsible for a violation of duty as well as any other damage arising from a deliberate or grossly negligent violation of duty committed by FOURSIDE and damages arising from a deliberate or negligent breach of typical contract duties by FOURSIDE. A violation of duty by FOURSIDE is equivalent to a violation of duty by a legal representative or a vicarious agent. If there are disruptions or defects in FOURSIDE's services, FOURSIDE will endeavor to remedy the situation as soon as it becomes aware of the disruption or defect, or upon immediate reprimand by the customer. The customer is obliged to contribute to a reasonable degree to correct the disruption and to keep possible damage to a minimum. The customer is also obliged to inform FOURSIDE in good time of the possibility of the emergence of extremely high damages.
  2. Bringing exhibition items or other personal items into the function rooms or the hotel is at the risk of the customer. FOURSIDE assumes no liability for loss, destruction or damage, even for pecuniary damages, except in cases of gross negligence or intent on the part of FOURSIDE. Exceptions to this are damages from injury to life, body and health. In addition, all cases in which safe-keeping presents a contract-typical obligation due to the circumstances of the individual case are excluded from this exemption from liability.
  3. Decorations brought in must conform to fire protection requirements. FOURSIDE is entitled to request official evidence of this. If such proof is not provided, FOURSIDE is entitled to remove materials already brought in at the cost of the customer. Due to the possibility of damage, the installation and fitting of goods must be agreed with FOURSIDE in advance.
  4. Exhibition items and other items brought in must be removed immediately at the end of the event. If the customer fails to do so, FOURSIDE can remove and store the items at the customer's expense and without prior notification. If the items remain in the function room, FOURSIDE can calculate appropriate compensation for use for the length of time they remain there. The customer is free to prove that the above-mentioned claim was not made or was not made in the required amount.
  5. The photos shown on the website and in brochures are of an indicative nature only and are for illustration purposes. They provide no guarantee as to the condition of the rooms booked by customers. Even if all efforts have been made to ensure that photographs, graphical representations and reproduced texts designed to illustrate FOURSIDE provide as accurate an impression as possible of the accommodation offered, differences may arise between the rooms booked and those illustrated, in particular due to the large number of rooms, changes to fixtures and fittings or any renovation work carried out. Complaints from guests in this regard are not justified.
  6. FOURSIDE cannot be held liable for the non-completion or poor completion of bookings in the event of force majeure or caused by the actions of third parties, the guest or the partner thereof, including non-availability of the Internet, restricted access to the website, external interventions, viruses or non-authorized advance payment on the part of the remitting bank

X. CUSTOMER LIABILITY FOR DAMAGE

  1. If the customer is an entrepreneur, they are liable for all damage to buildings or fixtures caused by function participants and/or visitors, employees, other associated third parties or the customer him or herself. The statutory liability regulations apply for consumers.
  2. FOURSIDE can request the status of appropriate securities from the customer (e. g. insurance, sureties, and bonds).

XI. DATA PROTECTION

FOURSIDE takes the personal data protection, as well as the specifications of Dataprotection policies as a serious matter. The Data protection specification from FOURSIDE can be found at: https://www.fourside-hotels.com/en/datenschutz.html

XII. FINAL PROVISIONS

  1. Changes and addenda to this contract, the acceptance proposal, or these general terms and conditions must be in writing. Any deviations from the written agreement requires to be applied with an written form.
  2. The place of fulfilment and payment is the location of FOURSIDE.
  3. The exclusive court of jurisdiction for commercial transactions – also for disputes involving cheques and bills of exchange - is Vienna. If a contractual partner fulfils the requirements of § 38 paragraph 2 ZPO and has no general place of jurisdiction in Germany, Hamburg is the place of jurisdiction.
  4. Austrian law applies. The application of UN Convention of the International Sale of Goods and Conflict Law and the conflict of laws is excluded.
  5. If individual conditions of these General Terms and Conditions for Events are unenforceable or void, the enforceability of the remaining conditions is unaffected. In other respects, statutory provisions apply.

 

GENERAL TERMS AND CONDITIONS OF BUSINESS FOR FOURSIDE HOTEL VCC GMBH / ROOMS

I. SCOPE

  1. These terms and conditions apply to contracts for the rental of hotel rooms in the FOURSIDE Hotel VCC GmbH (hereinafter referred to as "FOURSIDE") for accommodation as well as all further deliveries and services provided as part thereof by the hotel for the customer (hotel accommodation contract). The term "hotel accommodation contract" encompasses and replaces the following terms: accommodation contract, lodging contract, hotel contract and hotel room contract.
  2. Subletting or re-letting the rooms as well as their use for purposes other than accommodation require the prior written consent of FOURSIDE, if the customer is not a consumer.
  3. General terms and conditions of the customer are only applied if this is exclusively agreed in writing beforehand.
  4. All preexisting, personal data may be stored, compiled and used through Fourside, which is related to Centro Hotel Management GmbH, or one of its authorised service providers for fullfilment of closed lodging contracts in their System.
  5. For all not mentioned or assigned specifications within this given Terms of conditions Document, Hotels Terms of conditions 2006 can be used additionally.

II. CONCLUSION OF THE CONTRACT, CONTRACTUAL PARTNERS, LIABILITY LIMITATION

  1. The contract is concluded when a customer request is accepted by FOURSIDE; these are the contractual partners. FOURSIDE is free to confirm the room reservation in writing.
  2. If a third party has ordered on behalf of the customer, the customer is liable to FOURSIDE as well as the third party as joint debtor for all obligations arising from the hotel accommodation contract, as long as FOURSIDE provides an appropriate statement from the third party.
  3. All claims against FOURSIDE are generally time-barred within one year from the statutory start of the limitation period. This does not apply to claims for damages and other claims provided that the latter is based on an intentional or grossly negligent breach of duty by FOURSIDE or its vicarious agents. These claims for damages are time-barred in ten years regardless of knowledge. The reductions of the statute of limitation period shall not apply for claims based on an intentional or grossly negligent breach of duty by FOURSIDE. Claims of consumers in the sense of § 1 KSchG are time-barred in accordance with the statutory provisions.

III. SERVICES, PRICES, PAYMENT, CHARGING

  1. FOURSIDE is obliged to make the room booked by the customer available and provide the services agreed. In case of cancellation, FOURSIDE is entitled to transfer the customer to a suitable hotel.
  2. The customer is obliged to pay FOURSIDE's agreed and/or valid prices for room rental and the additional services used by the customer. This is also valid for services ordered directly by the customer or via FOURSIDE which are provided by a third party and which are disbursed by FOURSIDE.
  3. FOURSIDE's invoices are to be paid upon receipt of the invoice without deduction and without mentioned due date. FOURSIDE can request immediate payment of debts due at any time from the customer. In case of delayed payment, FOURSIDE is entitled to claim the respectively applicable statutory interest on account of delay currently in the amount of 9% and/or in case of legal transactions involving a consumer, in the amount of 5 %. FOURSIDE reserves the right to provide proof of higher damages.
  4. The prices agreed are inclusive of all taxes and local fees applicable at the conclusion of the contract. Not included are bed tax as well as local fees due by the guest him or herself according to the respective municipal law, for example visitor's tax. If the statutory sales tax is changed, or new local fees on the object of service are introduced, changed or abolished after the conclusion of the contract, the prices will be adjusted accordingly. For contracts with consumers this is only valid if the period between the conclusion of the contract and the fulfilment of the contract exceeds four months.
  5. After conclusion of the contract, FOURSIDE is not obliged to agree to reduce the number of rooms booked, the service from FOURSIDE or the duration of the customer's stay if the customer subsequently requires this. If FOURSIDE agrees, it does so on the condition that the price for the rooms and/or the other services may be increased by FOURSIDE.
  6. Upon conclusion of the contract, FOURSIDE is entitled to request from the customer an appropriate advance payment up to the amount of the full room rate or a security deposit, for example in the form of a credit card guarantee or debiting a credit card. The amount of the advance payment, the payment deadlines and/or the security deposit is to be agreed in writing. In case of advance payments or security deposits for package holidays, statutory provisions are unaffected. If the customer delays payment, the statutory regulations are unaffected.
  7. At the beginning of or during the customer's stay, FOURSIDE is also entitled to request an advance payment or security deposit within the sense of the previous paragraph III.6 for existing and future bills outstanding from this contract, insofar as this was not already provided according to the previous paragraph III.6.
  8. The customer can settle or offset an undisputed or legally binding outstanding bill against an outstanding bill from FOURSIDE.

IV. WITHDRAWAL BY THE CUSTOMER (CANCELLATION, ANNULMENT) / FAILURE TO USE HOTEL SERVICES (NO SHOW)

  1. The customer can only cancel the contract concluded with FOURSIDE if a right of withdrawal has been expressly agreed in the contract, another statutory right of withdrawal exists, or if FOURSIDE expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as the eventual consent to a cancellation of the contract must each be in writing.
  2. If a deadline for the cost-free withdrawal from the contract has been agreed between FOURSIDE and the customer, the customer can withdraw from the contract before that point without payment or damages claims being triggered by FOURSIDE. The customer's right of withdrawal expires if they do not pursue their right of withdrawal against FOURSIDE before the agreed deadline.
  3. If a right of withdrawal is not agreed, or has already expired, no statutory right of withdrawal or right of cancellation exists and if FOURSIDE does not agree to a cancellation of the contract, FOURSIDE reserves the right to claim the agreed payment in spite of services not being used. FOURSIDE has to offset the earnings from further renting of the rooms as well as the expenditure saved. If the rooms are not otherwise rented, FOURSIDE can estimate the deduction for saved expenses. In this case, the customer is obliged to pay 90 % of the contractually agreed price for an overnight stay with or without breakfast as well as for packages with third-party services. The customer is free to prove that the above-mentioned claim was not made or was not made in the required amount.
  4. The regulations under paragraph IV.3 apply for half and full board arrangements provided that 80% of the contractually agreed price is paid by the customer, as long as the parties have not agreed upon alternative regulations in individual contracts. Here too the customer is free to prove that the above- mentioned claim was not made or was not made in the required amount.
  5. In accordance to § 18 Abs 1 Z 10 FAGG (Federal law over distance and off-premises contracts) withdrawal is prohibited according to § 11 FAGG.

V. WITHDRAWAL BY THE HOTEL

  1. If it is agreed in writing that the customer can withdraw free of costs from the contract within a particular deadline, FOURSIDE is entitled to withdraw from the contract within this period if other customers enquire about the contractually booked rooms and the customer does not waive their right to withdrawal upon query by FOURSIDE with an appropriate deadline.
  2. If an advance payment or security deposit which is agreed or requested according to paragraph III.6 is not provided after a reasonable grace period set by FOURSIDE has elapsed, then FOURSIDE is also entitled to withdraw from the contract.
  3. In addition, FOURSIDE is entitled to withdraw from the contract exceptionally for factually justified reasons, for example in case of force majeure or circumstances for which FOUSIDE is not responsible and which make the fulfilment of the contract impossible; rooms having been culpably booked under erroneous or false information or concealment of important facts; important facts can be the identity of the customer, the ability to pay or the purpose of the stay; FOURSIDE having reasonable grounds to assume that using the service can endanger the smooth running of business operations, safety or the reputation of FOURSIDE among the general public without this being attributed to the hotel's sphere of control or organisation; the purpose and/or the reason for the stay being illegal; the above- mentioned paragraph I.2 having been breached.
  4. Authorised withdrawal by FOURSIDE shall not entitle the customer to claim damages.

VI. ROOM PREPARATION, ARRIVAL AND DEPARTURE

  1. The customer is not entitled to request the preparation of particular rooms, unless this is expressly agreed.
  2. Reserved rooms are available to the customer from 3 pm on the agreed day of arrival. The customer cannot ask for earlier arrival.
  3. On the agreed departure day, the rooms must be empty by 12 o´clock noon. Afterwards, FOURSIDE may charge 50% of the full price (daily rate) if the customer leaves the room later than contractually agreed but no later than 6 pm or 100 % if the customer leaves after 6 pm. Contractual claims by the customer are not hereby justified. The customer is free to prove that FOURSIDE incurs no or only a significantly lower claim to a usage fee.

VII. LIABILITY OF THE HOTEL

  1. FOURSIDE is liable for its obligations arising from the contract. Claims of the customer for damages are excluded. Exceptions to this are damages arising from injuries to life, limb or health in cases where FOURSIDE is responsible for a violation of duty as well as any other damage arising from a deliberate or grossly negligent violation of duty committed by FOURSIDE and damages arising from a deliberate or negligent breach of typical contract duties by FOURSIDE. A violation of duty by FOURSIDE is equivalent to a violation of duty by a legal representative or a vicarious agent. If there are disruptions or defects in FOURSIDE's services, FOURSIDE will endeavour to remedy the situation as soon as it becomes aware of the disruption or defect, or upon immediate reprimand by the customer. The customer is obliged to contribute to a reasonable degree to correct the disruption and to keep possible damage to a minimum. The customer is also obliged to inform FOURSIDE in good time of the possibility of the emergence of extremely high damages.
  2. FOURSIDE's liability for items brought in by the customer is in line with the legal provisions. FOURSIDE recommends the use of the hotel safe; the room safes do not guarantee risk-free storage. If the guest wants to bring in money, valuable papers and valuable items with a total value of more than €800, or other things with a total value of more than € 3500, this requires a separate storage agreement with FOURSIDE.
  3. Even outside their room, the customer is always obliged to look after his or her things and valuable items. FOURSIDE is only liable in accordance with the proceeding provision VII.7 sentences 1.
  4. FOURSIDE has no customer parking. Temporarily parking vehicles does not constitute the conclusion of a contract of safe custody. In the case of loss or damage to vehicles and their contents parked or ranked on the grounds of the hotel, FOURSIDE shall be liable only in accordance with the provisions of the preceding paragraph VII.7 sentences 1-4.
  5. Wake-up calls, messages, post and shipment of goods for guests are handled with care. FOURSIDE will carry out the delivery, storage and, on request, forwarding of the same against payment. FOURSIDE is only liable for wake-up calls, news, post and shipment of goods in accordance with the provisions of the preceding paragraph VII.7 sentences 1-4.
  6. The photos shown on the website and in brochures are of an indicative nature only and are for illustration purposes. They provide no guarantee as to the condition of the rooms booked by customers. Even if all efforts have been made to ensure that photographs, graphical representations and reproduced texts designed to illustrate FOURSIDE provide as accurate an impression as possible of the accommodation offered, differences may arise between the rooms booked and those illustrated, in particular due to the large number of rooms, changes to fixtures and fittings or any renovation work carried out. Complaints from guests in this regard are not justified.
  7. FOURSIDE cannot be held liable for the non-completion or poor completion of bookings in the event of force majeure or caused by the actions of third parties, the guest or the partner thereof, including non-availability of the Internet, restricted access to the website, external interventions, viruses or non- authorised advance payment on the part of the remitting bank.

VIII. CUSTOMER LIABILITY FOR DAMAGE

  1. If the customer is an entrepreneur, they are liable for all damage to buildings or fixtures caused by function participants and/or visitors, employees, fellow travellers, visitors, or other associated third parties or the customer him or herself. The statutory liability regulations apply for consumers.
  2. FOURSIDE can request the status of appropriate securities from the customer (e. g. insurance, sureties, and bonds).

IX. DATA PROTECTION

FOURSIDE takes the personal data protection, as well as the specifications of Dataprotection policies as a serious matter. The Data protection specification from FOURSIDE can be found at: https://www.fourside-hotels.com/en/datenschutz.html

X. FINAL PROVISIONS

  1. Changes and addenda to this contract, the acceptance proposal, or these general terms and conditions must be in writing. Any deviations from the written agreement requires to be applied with an written form.
  2. The place of fulfilment and payment is the location of FOURSIDE.
  3. The exclusive court of jurisdiction for commercial transactions – also for disputes involving cheques and bills of exchange - is Vienna. If a contractual partner fulfils the requirements of § 38 paragraph 2 ZPO and has no general place of jurisdiction in Germany, Hamburg is the place of jurisdiction.
  4. Austrian law applies. The application of UN Convention of the International Sale of Goods and Conflict Law and the conflict of laws is excluded.
  5. If individual conditions of these General Terms and Conditions for Events are unenforceable or void, the enforceability of the remaining conditions is unaffected. In other respects, statutory provisions apply.

 

GENERAL TERMS AND CONDITIONS OF BUSINESS FOR FOURSIDE HOTEL VCC GMBH / FUNCTION ROOMS

I. SCOPE

  1. These terms and conditions apply to contracts for the rental of conference, banqueting, and function rooms of the FOURSIDE Hotel VCC GmbH (hereinafter referred to as "FOURSIDE") for hosting events such as banquets, seminars, conferences, exhibitions and presentations etc. as well as all further deliveries and services provided as part thereof by FOURSIDE for the customer.
  2. Subletting or re-letting the rooms, areas or show cases as well as invitation to job interviews, sales events or similar events require the prior written consent of FOURSIDE, if the customer is not a consumer.
  3. General terms and conditions of the customer are only applied if this is exclusively agreed in writing beforehand.
  4. All preexisting, personal data may be stored, compiled and used through FOURSIDE, which is related to Centro Hotel Management GmbH, or one of its authorised service providers for fullfilment of closed lodging contracts in their System.
  5. For all not mentioned or assigned specifications within this given Terms of conditions Document, Hotels Terms of conditions 2006 (AGBH idgF) can be used additionally.

II. CONCLUSION OF THE CONTRACT, CONTRACTUAL PARTNERS, LIABILITY LIMITATION

  1. The contract is concluded when a customer request is accepted by FOURSIDE; these are the contractual partners. The booking of the function will be confirmed in writing.
  2. If the customer is not the host him or herself and/or if the host brings in a commercial agent or organizer, the host shall be held jointly liable together with the customer for all obligations arising from the contract, if FOURSIDE provides an appropriate statement from the host.
  3. All claims against FOURSIDE are generally time-barred within one year from the statutory start of the limitation period. Claims for damages are time-barred in five years regardless of knowledge, insofar as they are not based on a violation of life, body, health or freedom. These claims for damages are time-barred in ten years regardless of knowledge. The reductions of the statute of limitation period shall not apply for claims based on an intentional or grossly negligent breach of duty by FOURSIDE. Claims of consumers in the sense of § 1 KSchG are time-barred in accordance with the statutory provisions.

III. SERVICES, PRICES, PAYMENT, CHARGING

  1. FOURSIDE is bound to provide the services ordered by the customer and promised by FOURSIDE.
  2. The customer is obliged to pay FOURSIDE's agreed and/or valid prices for this and the additional services requested. This also applies for services arranged by the customer and FOURSIDE's expenses to third parties, in particular, also for bills owed by copyright collection societies. The agreed prices include the respective statutory sales tax.
  3. FOURSIDE's invoices without mentioned due date are to be paid upon receipt of the invoice without deduction and. FOURSIDE can request immediate payment of debts due at any time from the customer. In case of delayed payment, FOURSIDE is entitled to claim the respectively applicable statutory interest on account of delay currently in the amount of 9 % and/or in case of legal transactions involving a consumer, in the amount of 5 %. FOURSIDE reserves the right to provide proof of higher damages.
  4. Upon conclusion of the contract, FOURSIDE is entitled to request from the customer an appropriate advance payment or a security deposit in the form of a credit card guarantee, debiting a credit card, a deposit or similar. The amount of the advance payment and the payment deadlines can be agreed in writing in the contract.
  5. In justified cases, e.g. payment arrears of the customer or extension of the scope of the contract, FOURSIDE is entitled to request an advance payment or provision of security within the meaning of the above no. 4 or an increase in the advance payment or security deposit agreed upon in the contract up to the fully agreed fee. FOURSIDE can request this even after conclusion of the contract up to the start of the event.
  6. The customer may only offset or reduce an undisputed or legally binding receivable owed by the FOURSIDE against a receivable owed to the FOURSIDE.

IV. WITHDRAWAL BY THE CUSTOMER (CANCELLATION, ANNULMENT)

  1. The customer can only cancel the contract concluded with FOURSIDE if a right of withdrawal has been expressly agreed in the contract, another statutory right of withdrawal exists, or if FOURSIDE expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as the eventual consent to a cancellation of the contract must each be in writing. If this doesn't happen, the agreed room rental arising from the contract as well as services arranged by third parties are also to be paid for if the customer does not use contractual services and subletting is no longer possible.
  2. If a deadline for the cost-free withdrawal of the contract has been agreed in writing between FOURSIDE and the customer, the customer can withdraw from the contract before that point without payment or damages claims being triggered by FOURSIDE. The customer's right of withdrawal expires if they do not pursue their right of withdrawal towards FOURSIDE in writing before the agreed deadline.
  3. If the customer withdraws between 8 and 4 weeks before the date of the function, FOURSIDE is entitled, to charge 35 % of lost food sales in addition to the agreed rental price; any later cancellation will result in an additional 70 % of the food sales.
  4. Food sales are calculated using the following formula: agreed menu price x number of participants. If no price was agreed upon for the menu, then the least expensive three- course meal in the currently available set of event offerings shall apply.
  5. If a conference or event flat rate was agreed per participant, FOURSIDE is entitled to charge 60% of the conference or event flat rate x the agreed number of participants in case of withdrawal between 8 and 4 weeks before the date of the function. This figure will be 85% in case of later withdrawal.
  6. The deduction of saved expenses is taken into account through nos. 3 to 5. The customer is free to prove that the above-mentioned claim was not made or was not made in the required amount.
  7. In accordance to § 18 Abs 1 Z 10 FAGG (Federal law over distance and off-premises contracts) withdrawal is prohibited according to § 11 FAGG.

V. WITHDRAWAL BY THE HOTEL

  1. If it is agreed in writing that the customer can withdraw free of costs from the contract within a particular deadline, FOURSIDE is entitled to withdraw from the contract within this period if other customers enquire about the contractually booked function rooms and the customer does not waive their right to withdrawal upon query by FOURSIDE.
  2. If an advance payment or security deposit which is agreed or requested according to paragraph III.4 and/or III.5 is not provided after a reasonable grace period set by FOURSIDE has elapsed, then FOURSIDE is also entitled to withdraw from the contract.
  3. In addition, FOURSIDE is entitled to withdraw from the contract exceptionally for factually justified reasons, for example in case of - force majeure or circumstances for which FOUSIDE is not responsible and which make the fulfilment of the contract impossible; events or rooms having been culpably booked under erroneous or false contractually important information, e. g. the person who is the customer or the purpose of the event; FOURSIDE having reasonable grounds to assume that the event can endanger the smooth running of business operations, safety or the reputation of FOURSIDE among the general public without this being attributed to FOURSIDE's sphere of control or organization; the purpose and/or the reason for the event being illegal; paragraph I.2 having been breached.
  4. In case of authorized withdrawal by FOURSIDE, the customer shall not be entitled to claim damages.

VI. CHANGES IN NUMBER OF PARTICIPANTS AND TIME OF FUNCTION

  1. FOURSIDE must be made aware of a change of more than 5 % in the number of participants five working days before the start of the function at the latest; such a change requires FOURSIDE's written agreement.
  2. If the customer reduces the number of participants by up to 5 %, this will be acknowledged by FOURSIDE when billing. In case of a change greater than 5 %, the originally agreed number of participants minus 5% will be used. The customer has the right to reduce the agreed price by the expenditure saved - proved by the customer - due to a lower number of participants.
  3. In case of variation as per above, the actual number of participants will be charged.
  4. In case the number of participants deviates by more than 10 %, FOURSIDE is entitled to set a new price and exchange the booked rooms, unless this is unreasonable to the customer.
  5. If the agreed start or end times of the function change and if FOURSIDE agrees to these changes, FOURSIDE can charge as appropriate for the additional willingness to provide a service, unless FOURSIDE is at fault.

VII. BRINGING FOOD AND DRINK

The customer is not allowed to bring food and drink to events. Exceptions to this need written agreement from FOURSIDE. In these cases, a contribution to cover the overhead costs will be calculated.

VIII. TECHNICAL FITTINGS AND CONNECTIONS

  1. If FOURSIDE supplies technical and other facilities or equipment from third parties for the customer at their request, it does so in the name of, on the authorization of, and on the account of the customer. The customer is liable for the careful handling and proper return of such facilities and equipment. The customer indemnifies FOURSIDE from all third-party claims arising from the provision of this equipment.
  2. The use of the customer's electrical systems using FOURSIDE's power supply requires written consent. If the use of this equipment results in malfunctions or damage to the technical installations of FOURSIDE, this will be charged to the customer as long as FOURSIDE is not responsible. FOURSIDE is entitled to determine and calculate a fixed rate for electricity costs arising from the usage of their technical installations.
  3. The customer is, with the consent of FOURSIDE, entitled to use their own telephone, fax and data transfer equipment. FOURSIDE can charge a connection fee for this.
  4. If the customer connecting their own systems results in appropriate FOURSIDE systems being unused, a compensation fee may be calculated.
  5. Disruption to technical or other equipment provided by FOURSIDE must be corrected immediately as far as possible. Payments may not be withheld or reduced, as long as FOURSIDE is not responsible for these faults.

IX. LIABILITY OF THE HOTEL/ LOSS OF OR DAMAGE TO CUSTOMER'S PROPERTY

  1. FOURSIDE is liable for its obligations arising from the contract. Claims of the customer for damages are excluded. Exceptions to this are damages arising from injuries to life, limb or health in cases where FOURSIDE is responsible for a violation of duty as well as any other damage arising from a deliberate or grossly negligent violation of duty committed by FOURSIDE and damages arising from a deliberate or negligent breach of typical contract duties by FOURSIDE. A violation of duty by FOURSIDE is equivalent to a violation of duty by a legal representative or a vicarious agent. If there are disruptions or defects in FOURSIDE's services, FOURSIDE will endeavor to remedy the situation as soon as it becomes aware of the disruption or defect, or upon immediate reprimand by the customer. The customer is obliged to contribute to a reasonable degree to correct the disruption and to keep possible damage to a minimum. The customer is also obliged to inform FOURSIDE in good time of the possibility of the emergence of extremely high damages.
  2. Bringing exhibition items or other personal items into the function rooms or the hotel is at the risk of the customer. FOURSIDE assumes no liability for loss, destruction or damage, even for pecuniary damages, except in cases of gross negligence or intent on the part of FOURSIDE. Exceptions to this are damages from injury to life, body and health. In addition, all cases in which safe-keeping presents a contract-typical obligation due to the circumstances of the individual case are excluded from this exemption from liability.
  3. Decorations brought in must conform to fire protection requirements. FOURSIDE is entitled to request official evidence of this. If such proof is not provided, FOURSIDE is entitled to remove materials already brought in at the cost of the customer. Due to the possibility of damage, the installation and fitting of goods must be agreed with FOURSIDE in advance.
  4. Exhibition items and other items brought in must be removed immediately at the end of the event. If the customer fails to do so, FOURSIDE can remove and store the items at the customer's expense and without prior notification. If the items remain in the function room, FOURSIDE can calculate appropriate compensation for use for the length of time they remain there. The customer is free to prove that the above-mentioned claim was not made or was not made in the required amount.
  5. The photos shown on the website and in brochures are of an indicative nature only and are for illustration purposes. They provide no guarantee as to the condition of the rooms booked by customers. Even if all efforts have been made to ensure that photographs, graphical representations and reproduced texts designed to illustrate FOURSIDE provide as accurate an impression as possible of the accommodation offered, differences may arise between the rooms booked and those illustrated, in particular due to the large number of rooms, changes to fixtures and fittings or any renovation work carried out. Complaints from guests in this regard are not justified.
  6. FOURSIDE cannot be held liable for the non-completion or poor completion of bookings in the event of force majeure or caused by the actions of third parties, the guest or the partner thereof, including non-availability of the Internet, restricted access to the website, external interventions, viruses or non-authorized advance payment on the part of the remitting bank

X. CUSTOMER LIABILITY FOR DAMAGE

  1. If the customer is an entrepreneur, they are liable for all damage to buildings or fixtures caused by function participants and/or visitors, employees, other associated third parties or the customer him or herself. The statutory liability regulations apply for consumers.
  2. FOURSIDE can request the status of appropriate securities from the customer (e. g. insurance, sureties, and bonds).

XI. DATA PROTECTION

FOURSIDE takes the personal data protection, as well as the specifications of Dataprotection policies as a serious matter. The Data protection specification from FOURSIDE can be found at: https://www.fourside-hotels.com/en/datenschutz.html

XII. FINAL PROVISIONS

  1. Changes and addenda to this contract, the acceptance proposal, or these general terms and conditions must be in writing. Any deviations from the written agreement requires to be applied with an written form.
  2. The place of fulfilment and payment is the location of FOURSIDE.
  3. The exclusive court of jurisdiction for commercial transactions – also for disputes involving cheques and bills of exchange - is Vienna. If a contractual partner fulfils the requirements of § 38 paragraph 2 ZPO and has no general place of jurisdiction in Germany, Hamburg is the place of jurisdiction.
  4. Austrian law applies. The application of UN Convention of the International Sale of Goods and Conflict Law and the conflict of laws is excluded.
  5. If individual conditions of these General Terms and Conditions for Events are unenforceable or void, the enforceability of the remaining conditions is unaffected. In other respects, statutory provisions apply.

 

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