General Terms of Business
of INSELHOTEL Potsdam-Hermannswerder Scholz & Co. KG

1. Applicability

these terms and conditions shall apply to contracts for the hire of function, conference and banqueting rooms and for all for guest related performances and deliveries belonging to INSELHOTEL Potsdam-Hermannswerder Scholz & Co. KG, following mentioned as “hotel”.For Events and group tours apply the named terms and conditions additional at the end.

Any kind of sub-letting or re-letting require the prior written permission of the hotel.
Thereby § 540 I 2 BGB is waived insofar as the customer is a businessman . The customer is obliged to agree upon the use of these general terms and conditions.
The customers terms and conditions apply only if so agreed in advance in writing.

2. Conclusion of contract, contracting parties and contractual liability/limitation

The contract comes into being upon the acceptance of the customer’s application by the hotel.
If a third party placed the order and the hotel has a corresponding statement of the customer, then that party is liable vis-à-vis the hotel for all obligations arising from the contract as joint and several debtor with the customer.
Claims for compensation of a customer, who is a businessmen, is impossible. Here from except are damages of the injury of the live, the body or the health, if the hotel answer for the injury of duty, other damages, which based of a intentional gross negligent injury of duty and damages, which based of a intentional or negligent injury of typical contract duties.

The injury of duty of the hotel is identical as legal representative or a auxiliary person.
The liability in this case is limited of typical art by businesses of these art arising damages.
All claims against the hotel become time-barred in one year beginning ewith thelegal start of limitation by the statutory period.
Claims for compensation become time-barred independent from the knowledge in five years.

These limitations are not valid by claims, which based of a intentional or gross negligent injury of duty. The hotel’s liability towards the customers property brought into the hotel is in accordance with the statutory provisions. . The hotel is not liable for money and valuables in the room-safe. It is advisable storing money and valuables in the hotel safe..

Insofar as a parking space is provided in the hotel car parking or the basement garage, this does not constitute a safekeeping agreement even if a fee is charged. The hotel assumes no liability for loss or damages to motor vehicles parked or manoeuvred on the hotel’s premises, excepting cases of intent or gross negligence..

The hotel is not liable for a correct wake-up call, the correctness and punctually messages transmission and the delivery of merchandises of all kinds.

3. Payment

Hotel bills have to be paid immediately or within the due date. In the event of delay the the hotel is entitled, to calculate the reminder-expenditure with EUR 5,00.for each reminder-writing.

If the period between conclusion an fulfilment of the contract exceeds four month, ifthe rate generally charged by the hotel for such services increases, then the hotel may raise the rate agreed by contract to a reasonable extent, but not more then five percent.. If the hotel requires services from third persons, the increase of costs can be charged totally of the customer The customer can only claim with a undisputed or legally state to charge up against the hotels claim. Only an undisputed demand or a final decision gives the customer the right to accumulate against the hotels claim.

4. Day of arrival/ day of departure

The customer can not acquire the right to be provided with specific rooms or an earlier allocation. Reserved rooms are availablefrom 14:00 a clock at the day of arrival. On the agreed date of departure the rooms have to be made available to the hotel not later than 11:00 a clock .

5. Withdrawal

a.) Withdrawal of the client
If between the hotel and the guests an appointment date agreed a rescission of the contract in written form agreed, than the customer can withdraw for free from the contract, unless, there is another agreement.
If there is not agree an right of withdrawal for the booking of rooms, insofar it is not a booking of more than five rooms, rescissions till the 14th day before the day of arrival will be accept for free. By a rescission between the 13th and the 7th day before day of arrival are to pay 50 % from the room.-prices, by rescission between the 6th day and the 1st day before day of arrival are 80 % of the room-price. By rescission under 24 hours it will be calculated the whole price for the room.

b.) Withdrawal of the hotel
If a right of rescission has been agreed in writing, the hotel is entitled on its part to rescind the contract , if there are inquiries from other customers concerning the contractually reserved rooms and the customer does not waive his right of rescission when asked by the hotel.
If an advance payment is not made even after expiry of an appropriate period of grace set by the hotel, it is entitled to withdraw from the contract.
The hotel is also entitled to withdraw from the contract for justifiable cause, for example:
- in case offorce majeure or other circumstances for which hotel is not responsible and make it impossible to fulfil the contract;
- if events are booked on the basis of the provision of erroneous or false information on pertinent facts relating,such as the identity of the customer or purpose;
- if the hotel has justified reason to assume that the event may jeopardize the smooth operation, safety or reputation of the hotel in the eyes of the general public for reasons not within the purview of the management or organization of the hotel;
- if there is a re-letting or sub-letting or utilization by means of a third person

6. Additional terms for events and group tours

a.) Advance payment
The hotel is entitled to demand an appropriate advance payment of 50 % at any time.

b.) Withdrawal

The withdrawal by a customer, who is realising an event or a group tour, is only valid, if it is given in writing. In so far it is not agreed upon a rescission to a certain term, the customer has to payin case of rescission as succeeded:
- between the 8. and the 4. week before the start of the event:
50 % of the total amount
- between the 3. and the 1. week before the start of the event:
80 % of the total amount
- between 6 days and fewer
100 % of the total amount

In case of rescission the hotel is free to cancle booked event-rooms as well.

c.) Changes to event time and number of participants
If the agreed opening or closing times of the event are deferred without the prior written permission of the hotel, the hotel may invoice for additional costs of being ready to provide the service. A change to the number of participants about more than 5 %, must be notified latest five working days before the start of the event, the prior permission is necessary by means of the hotel. The hotel is entitled to recalculate the total amount in respect of the new number of participants.
In the case of variations of more than 10 % the hotel is entitled to update the agreed prices as well as changing the rooms, in so far as it is reasonable for the customer. Generally the customer may not bring in foods or drinks to events. Exceptions require the written agreement of the hotel. In such cases a charge will be made to cover overheads.

d.) Loss or damage to property brought in by the promoter
Exhibits or other items brought into the function rooms or hotel remain at the risk of the customer. The hotel takes no liability for loss, destruction or damage, except in the case of gross negligence or intent on the part of the hotel.

Decoration material brought in must comply with the fire regulations. The erection and attachment of items must be discussed in advance with the hotel and be removed immediately after the end of the event. If the customer fails to do so, the hotel is entitled to remove and store the items at the customers expense. If items remain in the function room, the hotel may charge rent for as long as they remain. The customer retains the right to establish proof of lower and the hotel of higher damages.

e.) Authorizations
Necessary official authoriazations have to be required by the customer on his own expenses. This apply particulary formusical performances pp. for GEMA (musical copyright body) or GfL.- notifications. Is however someone claiming compensation towards the hotel the customer will indemnify the hotel.

7. Final provisions

Changes or additions to the contract, the acceptance of the proposal or these general standard terms and conditions for events must be made in writing. This applies also for the abolition from this written form-conditions.

8. Place of fulfilment and payment

The place of fulfilment and payment is the registered seat of the hotel. German law applies. The sole place of jurisdiction for all contractually and out of contractually – as far as legal permissible – Potsdam.

9. Safeguarding Conditions

If one more of the provisions of these terms and conditions for events is invalid or void, this does not affect the validity of the other conditions. The invalid or void provisions is replace by means of such, which than achieve from the party’s intended’s cause on legal permissible way.