General terms & conditions

GTCs

1. Application

1.1. These general terms and conditions applies to contracts for the rental of conference, banquet, and hotel venues for the purpose of holding events such as banquets, seminars, meetings, exhibitions, and presentations, etc., as well as to all other services and deliveries provided by the hotel to the customer in this context.

1.2. Subletting or subletting of the rooms and areas provided as well as invitations to job interviews, sales or similar events require the prior consent of the hotel in text form, whereby § 540 para. 1, line 2 BGB (German Civil Code) is waived, unless the customer is a consumer.

1.3. The customer’s general terms and conditions of business shall only apply if this has been expressly agreed in advance.

2. Conclusion of contract & partners, liability, limitation of time

2.1. The contracting parties are the hotel and the customer. The contract comes into effect upon the hotel’s acceptance of the customer’s application. The hotel is permitted to confirm the booking of the event in written form.

2.2. The hotel is liable for damages for which it is responsible arising from injury to life, body, or health. Furthermore, the hotel shall be liable for other damage caused by an intentional or grossly negligent breach of duty by the hotel or by an intentional or negligent breach of typical contractual duties. A breach of duty by the hotel is deemed equivalent to a breach of duty by a legal representative or subcontractor. Further claims for damages are excluded, unless otherwise provided for in section 9. Should disruptions or shortcomings in the hotel’s services occur, the hotel shall endeavour to remedy such upon knowledge thereof or upon the customer’s immediate complaint. The customer is obliged to make all reasonable efforts to remedy the disruption and keep any possible damage to a minimum. In all other respects, the customer is obliged to notify the hotel as early as possible in case of extraordinarily high damage.

2.3. All claims against the hotel shall in principle become statute barred one year after the statutory commencement of the limitation period. Claims for damages shall become statute barred after five years, depending on circumstances, unless they are based on injury to life, body, health, or freedom.  Such claims for compensation shall become statute barred after ten years, irrespective of circumstances. The shortening of the statute of limitations does not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

3. Services, prices, payment, compensation

3.1. The hotel is obliged to provide the services ordered by the customer and agreed upon by the hotel. 

3.2. The customer is obliged to pay the hotel’s agreed or valid current prices for these and other services used. This also applies to services ordered directly by the customer or through the hotel which are provided by third parties and paid for by the hotel. In particular, this also applies to claims of copyright collecting societies. The hotel reserves the right to charge for unplanned additional expenses (change of room position on site, conversion of conference room). The list of participants for overnight guests should be sent to the hotel at least 21 days before the start of the event.

3.3. The prices agreed include any taxes applicable at the time the contract is concluded. The prices are not commissionable and/or negotiable. Prices shall be adjusted accordingly in the event of changes in statutory value-added tax or the introduction, amendment or abolition of local taxes on services after conclusion of the contract. Regarding contracts with consumers, this only applies if the period between conclusion of the contract and fulfilment of the contract exceeds four months.

3.4. Hotel invoices without a due date shall be payable within ten days of receipt of the invoice without any deductions. The hotel may demand immediate payment of due accounts from the customer at any time. In the event of default in payment, the hotel shall be entitled to charge the current statutory default interest rate of 8% or, in the case of legal transactions involving a consumer, 5% above the base rate. The hotel reserves the right to prove higher damages.

3.5. Upon conclusion of the contract, the hotel is entitled to demand a reasonable advance payment or security deposit from the customer, for example in the form of a credit card guarantee. The amount of advance payment and the dates of payment may be agreed in the contract in writing.

3.6. In warranted cases, for example, if the customer is in arrears with payments or if the scope of the contract is extended, the hotel has the right, even after conclusion of the contract and until the start of the event, to demand advance payment/provision of security as defined in clause 3.5 or an increase in the contractually agreed advance payment/provision of security up to the full amount.

3.7. The customer may incur or reduce payment against a claim by the hotel in the event of an indisputable or legally binding claim. If the conference flat rate is changed on site, a minimum turnover based on the contractually confirmed flat rate shall be offset after consultation with the hotel.

3.8. If payment is made by credit card, a surcharge of 5 % of the invoice amount is charged.

3.9. When invoicing the conference flat rates and/or accommodation costs, costs for no-show, cancellation costs, and costs that cannot be allocated will be charged to the booker/customer.

4. Customer cancellations

4.1. The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed upon in the contract, if another legal right of withdrawal exists, or if the hotel expressly consents to the cancellation of the contract. The agreement of a right of withdrawal and any consent to a cancellation of the contract shall be made in writing.

4.2. Insofar as the hotel and the customer have agreed on a date for free withdrawal from the contract, the customer may withdraw from the contract until that date without triggering any payment or damage compensation claims by the hotel. The customer's right of withdrawal expires if he does not exercise his right of withdrawal from the contract with the hotel by the agreed date.

4.3. If a right of withdrawal has not been agreed upon or has already expired, there is no statutory right of withdrawal or termination and if the hotel does not agree to a termination of the contract, the hotel shall retain the right to the agreed remuneration despite not making use of the service. The hotel is required to offset the income from renting the rooms to other parties as well as the saved expenses. The expenses saved in each case may be offset as a lump sum in accordance with Sections 4.4, 4.5, and 4.6. The customer has the right to prove that the claim did not arise or did not arise in the amount demanded. The hotel is however entitled to prove that a higher claim has arisen.

4.4. If the customer withdraws between the 8th and 4th week prior to the date of the event, the hotel is entitled to charge 35% of the lost food turnover in addition to the agreed rental price, and 70% of the food turnover for each subsequent withdrawal.

4.5. The food turnover shall be calculated according to the formula: agreed menu price x number of participants. If no price has been agreed for the menu, the cheapest 3-course menu of the currently valid event offer serves as a basis.

4.6. If a conference flat rate per participant has been agreed, the hotel is entitled to charge 60% of the conference flat rate x agreed number of participants in the event of cancellation between the 8th and 4th week prior to the date of the event, and 85% of the conference flat rate x agreed number of participants in the event of later cancellation.

4.7. 1-3 rooms can be cancelled free of charge and up to 3 days before the start of the event after prior consultation with the hotel.

4.8. The following cancellation periods apply to bookings for events:
within 6 weeks before the date of arrival – 50% of the total amount booked.
within 4 weeks before the date of arrival – 70% of the total amount booked.
For bookings of 1 or 2-day events (or 1 overnight stay) the following cancellation periods apply:
within 6 weeks before the date of arrival – 50% of the total amount booked.
within 4 weeks before the date of arrival – 70% of the total amount booked.
This contract shall only come into effect with the legally binding signature of the customer and the hotel. If the period between conclusion of the contract and provision of services exceeds six months, the hotel reserves the right to change prices without prior notice. The hotel reserves the right to correct errors, printing, and spelling mistakes. All cancellations must be in writing. They should be communicated to the hotel as soon as possible. Oral agreements shall only become effective once they have been confirmed in writing by the hotel.
All prices are in euros and include the statutory value added tax. Any increase in VAT after conclusion of the contract is payable by the customer.

5. Cancellations by the hotel

5.1. Insofar an agreement has been made that the customer may withdraw from the contract free of charge within a certain period, the hotel shall be entitled to withdraw from the contract during this period if there are enquiries from other customers regarding the contractually booked venues and the customer does not waive his right to withdraw at the hotel‘s request with a reasonable period of notice.

5.2. If an advance payment or security deposit agreed upon or demanded in accordance with Sections 3.5 and/or 3.6 is not made even after a reasonable time limit set by the hotel has expired, the hotel is entitled to terminate the contract.

5.3. Furthermore, the hotel is entitled to withdraw from the contract for legitimate reasons, in particular if:

  • force majeure or other circumstances beyond the hotel’s control make it impossible to fulfil the contract. 
  • events or rooms are deliberately booked with misleading or false information, or with concealment of material facts; material facts may include the identity of the customer, the ability to pay, or the purpose of stay. 
  • the hotel has reasonable cause to believe that the event may jeopardise the smooth running of the business, security, or reputation of the hotel, without this being attributable to the hotel’s sphere of control or organisation.
  • the purpose or occasion of the event is unlawful.
  • violation of 1.2.

5.4. The justified withdrawal of the hotel shall not give rise to any claim by the customer for damages.

6. Changes in number of participants & time of event

6.1. Any increase in the number of participants by more than 5% must be notified to the hotel no later than five working days before the start of the event; such notification shall require the hotel’s consent and given in writing. The invoice shall be based on the actual number of participants, but no less than 95% of the agreed higher number of participants. If the actual number of participants is lower, the customer shall have the right to reduce the agreed price by the amount of the expenses additionally saved due to the lower number of participants.

6.2. Any reduction in the number of participants by more than 5% should be notified to the hotel in good time, at the latest five working days before the start of the event. Invoicing shall be based on the actual number of participants, but at least 95% of the number of participants stipulated in the event contract. 6.1, line 3 applies accordingly.

6.3. If the number of participants is reduced by more than 10%, the hotel withholds the right to exchange the confirmed rooms and to take different room rates into account, unless this is unreasonable for the customer.

6.4. If the agreed start or end times of the event are postponed and if the hotel agrees to such postponements, the hotel may reasonably charge for the additional time spent on services unless the hotel is at fault.

6.5. The reserved rooms shall be available to the organiser from 2 p.m. on the day of arrival until 11 a.m. on the day of departure.

6.6. The hotel reserves the right to make changes to the room provided that this is reasonable for the organiser. Should the number of participants fall below the minimum number, we shall charge a provision fee of 19 euros for each person not present (the minimum occupancy per conference room as determined by the hotel shall apply; the customer shall be informed of this if necessary). For staff deployment after midnight we charge 20 euros/hour per staff member.

6.7. The organiser is obliged to inform the hotel about external bookings of music groups, DJs, fireworks, etc. as soon as possible upon booking request. These must be approved by the hotel. Due to the hotel’s fire alarm and sprinkler system, the use of fog machines and fireworks in the hotel is prohibited. Should the systems nevertheless be triggered, the costs incurred will be charged to the organiser.

6.8. The volume should be within reasonable limits. The instructions of the hotel or hotel staff must be followed.

7. Bringing food and beverage

The customer may not bring food and beverages to events. Any exceptions require prior agreement with the hotel. In such cases a contribution to cover the general costs will be charged.

8. Technical equipment and connections

8.1. Insofar as the hotel procures technical and other equipment from third parties at the customer’s request, it shall act on behalf and at the expense of the customer. The customer shall be liable for careful handling and proper return. The customer shall indemnify the hotel against all claims of third parties arising from the provision of such equipment.

8.2. The use of the customer’s own electrical equipment using the hotel’s power supply system requires the hotel’s consent. Any malfunctions or damage to the hotel’s technical equipment resulting from the use of such equipment shall be charged to the customer unless the hotel is responsible for such malfunctions or damage. The hotel may charge the customer a flat rate for electricity costs incurred by the use of such equipment.

8.3. The customer is entitled to use his/her own telephone, fax, and data transmission equipment subject to the hotel’s approval. The hotel may charge a connection fee for this.

8.4. If the suitable hotel facilities remain unused due to the customer’s use of his/her own equipment, a compensation fee may be charged.

8.5. Faults in technical or other equipment provided by the hotel shall be remedied immediately if possible. Payments may not be withheld or reduced if the hotel is not responsible for such disruptions.

9. Loss or damage of items the customer brings

9.1. Any exhibition or other personal items brought into the event rooms or the hotel are at the risk of the customer. The hotel assumes no liability for loss, destruction, or damage, including financial loss, except in cases of gross negligence or intent on the part of the hotel. This shall not apply to damages resulting from injury to life, body, or health. Furthermore, all cases in which safekeeping is a typical contractual obligation according to individual circumstances are excluded from this exemption.

9.2. Any decorative material used must comply with the fire protection requirements. The hotel is entitled to demand official proof of this. If such proof is not provided, the hotel reserves the right to remove any material already on the premises at the customer’s expense. In the event of possible damage, the installation and attachment of objects shall be agreed with the hotel in advance.

9.3. Any such objects must be removed immediately after the end of the event. If the customer fails to do so, the hotel may remove and store such items at the customer’s expense. If the items remain in the event room, the hotel may charge reasonable compensation for use of the room until removed.

10. Customer liability

10.1. Insofar that the customer is an entrepreneur, he is liable for all damage to buildings or inventory caused by event participants or visitors, employees, other third parties from his sector or himself.

10.2. The hotel may require the customer to provide an appropriate security deposit, for example, in the form of a credit card guarantee.

Winkler Bräu ****S Gutshofhotel & Privatbrauerei
NEW ~ QuellenReich SPA

Enjoy a unique SPA experience in our new QuelleReich SPA:

Large, heated infinity pool, sauna area with SANARIUM®, herbal sauna & Finnish sauna, two relaxation rooms, soothing massage treatments and a fitness & activity room - in the middle of nature with a view of the Black Laber Valley.