General Terms and Conditions
Accommodation – AGB at VierJahreszeiten Iserlohn
1. Room rentals
The subletting or re-letting of the Rooms requires a separate agreement, as does their use for purposes other than accommodation .
Terms and conditions of the guest expressly do not apply.
2. Conclusion of Agreement
The reservation becomes binding for both parties upon confirmation by the hotel.
The contractual partners are the hotel and the guest.
The hotel’s liability for any deficiencies in performance is limited to those based on intent or gross negligence. The guest is obliged to point out the possibility of damage occurring in good time.
The limitation period for all claims by the guest is 6 months.
3. Services, Prices, Payment
The hotel is obliged to provide the services booked by the guest and promised by the hotel. The guest is obliged to pay the hotel’s agreed prices for these services and to reimburse third parties for the hotel’s expenses.
The agreed prices are exclusive of the statutory value added tax at the currently applicable rate. If the hotel makes a general price adjustment in the period of 6 months between the conclusion of the contract and the fulfillment of the contract, the contractually agreed price may be increased appropriately, however no more than 10%.
The hotel is entitled to change the contractual prices if the guest requests subsequent changes to the booked services and the hotel agrees to this.
Hotel invoices without a due date are payable within 10 days of receipt of the invoice, without deduction. In the event of delayed payment, the hotel is entitled to charge interest at a rate four points above the current discount rate of the German Bundesbank. In the event of default in payment, the hotel is entitled to charge interest of 5% above the base rate or, if the guest is not a consumer, 9% above the base rate, as well as to pass on the data to third parties for the purpose of debt collection. The right is reserved for the guest to prove lower losses have been incurred and likewise the hotel proof of higher losses. The hotel is entitled to demand reasonable advance payments or security deposits. The amount of the advance payments and payment dates may be agreed in writing.
The guest can only offset or reduce the Hotel’s payment demands by means of an unchallenged legal claim.
4. Provision of rooms
The guest has no claim to specific rooms.
Reserved rooms are available from 2 p.m. on the day of arrival. There is no entitlement to earlier availability.
On departure day rooms are available until 11am. For any time beyond this, the hotel may also charge 50% of the full accommodation price for extended use up to 6 p.m. and 100% of the full accommodation price from 6 p.m.
5. Withdrawal from the contract on the part of the guest
The guest can withdraw from the contract free of charge within the cancellation period agreed in the contract. The cancellation must be made in text form to the hotel (such as by email) or in writing.
If the agreed deadline is not met, the hotel is entitled to invoice 80% of the agreed room price as compensation. Any re-letting of all or individual rooms will be taken into account or offset against future room letting for a period of 6 months following the cancellation.
6. Cancellation of the contract by the hotel
The hotel is entitled to withdraw from the contract for important grounds, for example in the following cases:
- Occurrence of force majeure or other circumstances for which the hotel is not responsible and which make it impossible to fulfill the contract.
- Rooms are booked with misleading or false information about essential facts, e.g. about the identity of the guest or the purpose.
- The hotel has reasonable grounds to believe that the use of the hotel’s services might jeopardize its smooth operation, security or public reputation.
The Hotel must notify the guest without delay that it is exerting its right to withdraw from the Contract. If withdraw by the Hotel is justifiable, the guest shall have no right to claim for compensation.
7. Staying accompanied by a dog
Medium-sized dogs may be brought along on request, at a cost of EUR 10.00 per night. However, dogs are not allowed in the Seeblick restaurant or in the spa and sauna area. The guest is liable for any damages.
The guest is liable for his possessions, valuables, cash, etc. he has brought with him as well as for vehicles parked on the hotel property itself. The hotel is only liable for loss or damage in the event of proven fault in the form of gross negligence or willful misconduct.
At events, the guest is liable for losses or damage caused by his employees, other assistants or event participants, as well as for losses or damage caused by himself. At the hotel’s request, the guest must provide evidence that he has taken out suitable liability insurance.
9. Final provisions
Changes or additions to the contract or these terms and conditions for the overnight stay must be made in writing (e.g. email) or in writing. Partial changes or addenda by the guest are invalid. Should individual clauses of these General Terms and Conditions be void or invalid, the remaining clauses shall thereby remain unaffected. Statutory provisions shall otherwise apply.
The place of performance, payment and jurisdiction is Iserlohn.
Events – Terms and Conditions in VierJahreszeiten Iserlohn
1. Scope of Applicability
1.1 These terms and conditions shall apply to contracts for the rental of the hotel’s conference, banquet, and convention rooms for events such as banquets, seminars, conferences, exhibitions and presentations, etc., as well as all other additional services and goods performed/provided in connection therewith by the hotel for the guest.
1.2 Subletting or re-letting of the leased rooms, areas or showcases as well as the invitation to job interviews, sales or similar events require the prior written consent of the hotel, whereby § 540 para. 1 sentence 2 BGB shall be waived if the guest is not a consumer.
1.3 The guest’s general terms and conditions expressly do not apply.
2. Conclusion of contract, parties, statute of limitation
2.1 The contractual partners are the hotel and the guest. The contract is entered into by the acceptance of the guest’s order by the hotel (confirmation). The hotel is free to confirm the booking of the event in writing.
2.2 The hotel is liable for damages arising from injury to life, limb or health that are attributable to it. Furthermore, it is liable for other damages which are based on an intentional or grossly negligent breach of duty by the hotel or on intentional or negligent breach of usual obligations typical of the contract concerned on the part the hotel. A breach of a statutory representative or employee is deemed to be the equivalent to a breach of obligation on the part of the hotel. Further claims for damages are excluded, unless otherwise regulated in these terms and conditions. Should disruptions or defects occur in the performance of the hotel, the hotel shall act to remedy such upon knowledge thereof or upon objection by the guest made without undue delay. The guest is obliged to do what is reasonable to eliminate the problem and to keep any possible damage as low as possible. In addition, the guest is obliged to inform the hotel in good time of the possibility of exceptionally high damage.
2.3 Any claims against the hotel shall lapse one year after the beginning of the statutory limitation period. Claims for compensation shall lapse in five years, regardless of when they become known, unless they are based upon injury to life, limb, health or freedom. Such damage claims shall be time-barred after ten years, independent of knowledge thereof. The reduction of the statute of limitation periods shall not apply for claims which are based on an intentional or grossly negligent breach of obligation by the hotel.
3. Services, prices, payment, set-off
3.1 The hotel is obligated to render the services ordered by the guest and agreed upon by the hotel.
3.2 The guest is obligated to pay the agreed or applicable hotel prices for rooms provided and for other services accepted. This also applies to services ordered by the guest directly or via the hotel which a third party provides and the hotel disburses. This applies in particular to claims of copyright collection agencies, such as GEMA.
3.3 The agreed prices include all taxes valid at the time of the conclusion of the contract. If there are changes to the statutory VAT, or local taxes on the contractual object are introduced, modified or abolished after conclusion of the contract, the prices will be adjusted accordingly. This only applies to contracts concluded with consumers, if four months have passed between the conclusion and fulfilment of the contract.
3.4 Hotel invoices not stating a due date are payable without deduction and due within ten days of receipt of the invoice. The hotel may demand immediate payment of due debt from the guest. In the event of default of payment, the hotel shall be entitled to demand the respectively applicable statutory default interest, currently to the sum of 9 % or, in the case of legal transactions with a consumer, to the sum of 5 % above the base interest rate. The hotel reserves the right to prove greater damage.
3.5 The hotel is entitled to require a reasonable advance payment or a security, such as a credit card guarantee, from the guest upon conclusion of the contract. The amount of advance payment and the payment deadlines may be agreed in writing in the contract.
3.6 In justified cases, e.g. the guest’s default in payment or expansion of the scope of the contract, the hotel shall be entitled, also after the conclusion of the contract up to the commencement of the event, to demand an advance payment or a security within the meaning of the above-mentioned clause 3.5 or an increase of the advance payment or a security agreed in the contract up to the value of the total agreed remuneration.
3.7 The guest may only offset -or settle a claim on the part of the hotel with a claim which is undisputed or decided with final, res judicata effect.
4. Withdrawal by the guest (cancellation, revocation)
4.1 The guest can only withdraw from the contract concluded with the hotel if a right of withdrawal has explicitly been agreed upon in the contract, another statutory right of withdrawal exists or if the hotel gives its explicit consent to such withdrawal. The agreement of a right to withdrawal and any such agreement to the cancellation of the contract should each be submitted in writing.
4.2 Insofar as a deadline for cost-free withdrawal has been agreed between the hotel and the guest, the guest may withdraw by such date without triggering any payment or compensation claims on the part of the hotel. The guest’s right of withdrawal shall expire if he does not exercise his right of withdrawal vis-à-vis the hotel by the agreed date.
4.3 The hotel is entitled to the contractually agreed rate even if the rooms are not used, if a contractual right of withdrawal has not been agreed or has expired, a statutory right of withdrawal or cancellation is not given and the hotel does not give its consent to the cancellation of the contract. The hotel must credit the income from renting the rooms to other parties as well as for saved expenses. Saved expenses can be assessed in a lump sum in accordance with clauses 4.4 – 5. The guest has the right to prove that such claim has not arisen, or has arisen for a lesser amount. The hotel is at liberty to show that a higher claim has arisen.
For banquets & weddings
4.4 If the guest withdraws only six weeks before the date of the event, the hotel is entitled to charge 30% of the food sales lost, and 70% of the food sales for any later cancellation.
Meetings & conferences
4.5 If the guest only withdraws between the 6th and 4th week before the date of the event, the hotel is entitled to charge 40% of the food sales lost, and 80% of the food sales for any later cancellation.
5. Cancellation by the hotel
5.1 Insofar as it has been agreed that the guest can withdraw from the contract at no cost within a certain period of time, the hotel is entitled for its part to withdraw from the contract during this period of time, if inquiries from other guests regarding the contractually reserved event rooms exist and the guest, upon inquiry thereof by the hotel, does not waive his right of withdrawal.
5.2 If an agreed or demanded advance payment or a security pursuant to No. 3.5 and/or No. 3.6 is not made even after a reasonable grace period set by the hotel has expired, then the hotel is likewise entitled to withdraw from the contract.
5.3 Moreover, the hotel is entitled to effect extraordinary withdrawal from the contract for a materially justifiable cause, in particular if
- force majeure or other circumstances not of the hotel’s causing render fulfilment of the contract impossible;
- rooms or spaces are reserved with culpably misleading or false information or concealment regarding essential facts; the identity or solvency of the guest or the purpose of his stay may thereby constitute essential facts;
- the hotel has justified cause to believe that the event might jeopardize the smooth operation of the hotel, its security or public reputation, without this being attributable to the hotel’s sphere of control or organization;
- the purpose or the cause of the stay is illegal;
- there has been a breach of the above-mentioned clause 1.2.
5.4 The justified withdrawal by the hotel does not justify any claim for damages for the guest.
6. Changes to participant numbers and time of conference
6.1 An increase of the number of participants by more than 5 % must be communicated to the hotel no later than five working days before the start of the event; the hotel must give its consent to this, preferably in written form. Billing is based on the actual number of participants, however at least 95% of the agreed higher number of participants. If the actual number of participants is lower, the guest has the right to reduce the agreed price by the additional expenses which he can prove are saved due to the lower number of participants.
6.2 A reduction in the number of participants of more than 5 % must be communicated to the hotel no later than five working days before the beginning of the event. The billing is based on the actual number of participants, but at least 95% of the ultimately agreed number of participants. Section 6.1 sentence 3 applies accordingly.
6.3 If the number of participants is reduced by more than 10 %, the hotel shall be entitled to re-determine the agreed prices and to exchange the confirmed room reservations unless this is unreasonable for the guest.
6.4 If the agreed starting or ending times of event change and the hotel agrees to such deviations, the hotel may reasonably charge for the added cost of the commitment, unless the hotel is at fault.
7. Bringing and / or taking away of food and beverages
The guest may not bring any food or beverages to events. Exceptions must be agreed with the hotel. In such cases, a contribution to cover overhead costs is charged, also known as a corkage / service charge. If the hotel has agreed to the bringing of or taking away of food or beverages, the hotel is entitled to take a so-called reserve sample.
7.1 The hotel is not liable for damage caused by brought-in food, unless the hotel is guilty of willful intent or negligence.
7.2 The guest is never allowed to bring any food or beverages in with them. The hotel assumes no liability for damage caused by food and beverages that are taken away by guests or third parties after an event, unless the hotel is guilty of willful intent or gross negligence.
8. Technical facilities and connections
8.1 The guest is liable for damage caused by electronic devices brought in by him; the hotel is not liable for harm to the guest caused by electronic devices brought in by him, unless the hotel is grossly or intentionally (contributively) negligent. To the extent the hotel obtains technical and other facilities or equipment from third parties for the guest at the guest’s request, it does so by proxy in the name and on the account of the guest. The guest is responsible for its careful treatment and the proper return. He hereby releases the hotel from all claims by third parties from the provision of these facilities.
8.2 The use of the guest’s own electrical systems using the hotel’s power grid requires the latter’s consent. Malfunctions or damage to the technical systems of the hotel caused by the use of such devices are at the expense of the guest and the guest is liable for them, unless the hotel is responsible for them. The hotel may charge a flat fee for electricity costs incurred through such usage.
8.3 The guest is entitled to use his own telephone, fax, and data transfer equipment with the hotel’s consent. The hotel may charge a connection fee for this.
8.4 If suitable hotel equipment remains unused because the guest’s own equipment is connected, a charge may be made for lost revenue.
8.5 Malfunctions of technical or other equipment provided by the hotel will be remedied promptly whenever possible. To the extent the hotel was not responsible for such malfunctions, payment may not be withheld or reduced.
9. Loss of or damage to brought-in items
9.1 The guest is always liable for damage to the hotel or himself caused by objects brought in by him. Guest shall bear the risk of damage or loss of objects on exhibit or other items including personal property brought into the event rooms/hotel. The hotel assumes no liability for loss, destruction or damage, not even for financial loss, except in the case of gross negligence or intent on the part of the hotel. Compensatory damages for injury to life, limb or health are excluded from this. In addition, all cases in which safekeeping is a typical contractual obligation due to the circumstances of the individual case are excluded from this exemption from liability.
9.2 Decorations brought in must conform to the fire protection technical specifications. The hotel is entitled to require official evidence thereof. Should such proof not be given, then the hotel shall be entitled to remove, at the cost of the guest, any such materials already brought in. Due to the possibility of damage, the hotel must be asked before objects are assembled or installed.
9.3 Objects on exhibit and other items must be removed immediately following the end of the event. If the guest fails to do so, the hotel may remove and store them at the guest’s expense. If the objects remain in the room used for the event, the hotel may charge a reasonable compensation for use for the period that they remain there.
10. Liability of the guest for damage
10.1 If the guest is an entrepreneur, he is liable for all damage to buildings or inventory caused by event participants or visitors, his employees, other third parties within his sphere, or himself.
10.2 The hotel may require the guest to provide reasonable security, such as a credit card guarantee.
11. Final provisions
11.1 Changes and additions to the contract, to the acceptance or to these General Terms and Conditions are to be made in writing. Partial changes or addenda by the guest are invalid.
11.2 The place of performance and payment as well as the exclusive place of jurisdiction for commercial transactions, also for check and bill of exchange disputes, is Iserlohn. If a contracting party fulfils the requirement of Section 38 (2) ZPO (Code of Civil Procedure) and has no general place of jurisdiction in Germany, the place of jurisdiction is Iserlohn.
11.3 The contract is governed by German law. The application of the UN Sales Convention and conflict law provisions is excluded.
11.4 Should individual provisions of these general terms and conditions for events be or become invalid or void, the validity of the remaining provisions shall thereby remain unaffected. In all other respects, the relevant statutory provisions apply.