AGB

General terms and conditions
for hotel accommodation contract and events

Hofgut Georgenthal GmbH & Co. KG, Georgenthal 1, 65329 Hohenstein

I. Scope
These terms and conditions apply to contracts of Hofgut Georgenthal GmbH & Co. KG (hereinafter referred to as “HG”) for the rental of hotel rooms for accommodation, conference and other function rooms for the holding of events, seminars, conferences, exhibitions, etc. and for all related services and deliveries by HG.
The customer’s general terms and conditions shall not apply, even if HG does not expressly object to them.
The customer is not entitled to grant the use of the rental object to a third party. Invitations to job interviews, sales or similar events as well as subletting or reletting require the prior consent of HG.

II Conclusion of contract / contract amendments
The contract is concluded by HG’s acceptance of the Customer’s application; these are the contracting parties.
No claim to the subsequent conclusion of a contract can be derived from a written or verbal appointment request, reservation or booking of premises for specific dates or the sending of an offer or contract that has not yet been signed. Verbal agreements are invalid.
The customer is obliged to notify HG in writing without delay of any changes, additions, special requests or new and further event specifics, in particular the use of technical equipment or other event technology in good time, at the latest four weeks before the start of the event, and to coordinate these with HG. The customer must take into account that deviations or additional services which have not already been stipulated in the contract may be subject to additional payment.

III. Legal relationships
The customer designated in the contract is the sole organiser of the event to be held in the rented premises. The contract does not establish a corporate relationship between the customer and HG.

IV. Rental period
For the duration of use and thus for the calculation of the rent and time surcharges, the time at which the rental object is handed over to the customer and returned to HG shall be decisive.
There are very short conversion times between events taking place at HG, so that the Customer must ensure that the rental period agreed with HG is adhered to exactly. However, if the rental period is exceeded, HG must be notified immediately. HG reserves the right to claim compensation for use and damages.

Terms of payment; advance payments and securities
HG is obliged to provide the services ordered by the customer and promised by HG.
The customer is obliged to pay the agreed or customary prices of HG for these and other services used. This also applies to services and expenses of HG to third parties arranged by the customer.
Services exceeding the agreed services as well as necessary special cleaning in case of heavy soiling are to be paid for separately. If the presence of security personnel, medical personnel, fire safety guards or persons responsible for event technology is ordered by the authorities or determined to be necessary by HG on the basis of a risk assessment, the costs shall also be borne by the customer. The agreed prices include the respective statutory value added tax, unless otherwise stated.
Invoices from HG are payable within 10 days of the invoice date without deduction. HG is entitled to call in accrued claims at any time and to demand immediate payment. In the event of default in payment, HG shall be entitled to charge a reasonable reminder fee and to charge the statutory default interest currently applicable at the rate of 8% or, in the case of legal transactions involving a consumer, at the rate of 5% above the base interest rate. HG reserves the right to prove higher damages.
The customer may only set off or reduce a claim against a claim of HG with an undisputed or legally binding claim. HG is entitled to demand a reasonable advance payment at any time. The amount of the advance payment and the payment dates may be agreed in writing in the contract. HG is furthermore entitled to demand a reasonable security deposit at the conclusion of the contract, to be provided in the form of a cash deposit. HG may also demand a security deposit or its increase after conclusion of the contract if increased risks of damage only become apparent after conclusion of the contract.

VI. Cancellation, change of number of participants – change of cancellation deadlines for the year 2021 and 2022. Special regulation due to Corona, force majeure, persistent pandemic situation until 31.12.2022.
If the hotel cannot be operated in whole or in part due to sovereign decrees, general orders or force majeure and the guest cannot make use of the corresponding services, this shall not constitute a breach of duty for which the hotel is responsible. Force majeure is an external, unavoidable event for which the hotel is not responsible and which has no operational connection and which cannot be averted even by exercising the utmost care, in particular such as the ongoing corona pandemic and other epidemics/pandemics.
Any sovereign decrees or general orders applicable to the hotel shall be announced and published by the competent authority. If the hotel is prevented from fulfilling its contractual obligations for the aforementioned reasons, the hotel shall be entitled to adjust its hotel offer in accordance with the applicable legal framework, which may only be refused for good cause. If this is not possible for the hotel or unreasonable for the guest or is refused for good cause, both parties are entitled to cancel the stay free of charge. If the hotel operation is prohibited in its entirety, the hotel shall be entitled to offer the guest an alternative travel date. If the parties are unable to agree on an alternative date, both parties shall be entitled to cancel the relevant contract free of charge by means of a declaration in text form.
In the event of a cancellation free of charge, any down payment made by the guest shall be refunded by the hotel without delay, but no later than within 14 working days.
A. Events until 31.07.2022
The following cancellation conditions apply to events which are to be held until 31.07.2022:

a.) Corporate events until 31.07.2022
(Proportionate) Cancellation free of charge from total volume

b.) Private events until 31.07.2022

(Proportionate) Cancellation free of charge from total volume

B. Individual travel tours until 31.12.2022

a.) Trips with one overnight stay/breakfast without further services can be cancelled free of charge until 7 p.m. on the same day.
After 7 p.m. 80% no show fees will apply.

b.) The following cancellation conditions apply to time off / package tours:

b.1) (Proportionate) Cancellation free of charge from the total amount.

b.2) Group bookings (time-outs / arrangements from 8 pers.)

(Proportionate) Cancellation free of charge of the total volume

VII. Withdrawal or termination by HG, cancellation of events
HG is entitled to withdraw from or terminate the contract if
a.) an advance payment or security is not made even after expiry of a deadline set by HG;
b.) circumstances for which HG is not responsible, in particular force majeure, make it impossible to fulfil the contract;
c.) if false information is given in the order about essential facts and circumstances, e.g. in the person of the Customer or the purpose of the event, or if HG has reasonable grounds to assume that the Customer’s use of the service may jeopardise the smooth running of the business, the safety or the public reputation of HG;
d.) the official approvals, registrations or permits required for the event are not available or the Customer has not fulfilled its legal, official or contractually assumed obligations to notify, inform, report and pay HG or the authorities;
e.) the Customer does not provide proof of event liability insurance or does not provide proof of sufficient event liability insurance despite a corresponding request by HG;
f.) the Customer violates legal regulations, official requirements, orders and GTC’s;
g.) the purpose of use specified in the rental agreement is substantially changed.
The right to terminate for good cause remains unaffected. HG is entitled to demand the immediate dissolution of the event as well as immediate evacuation and return of the rented property if material contractual obligations of the contract or these provisions or safety-related regulations have been violated or if a special risk situation exists. In the event of the aforementioned reasons, HG is entitled to carry out the evacuation and dissolution at the expense and risk of the Customer.
A breach of material contractual obligations shall be deemed to have occurred in particular if the Customer breaches its contractual obligations more than just insignificantly or if facts become known which give rise to fears that an event other than the agreed event will be held or that proper and trouble-free use of the rooms cannot be guaranteed.

VIII. Changes to the rental object; handover, return, handover protocol
Alterations to the rental object as well as the attachment of decorations, signs and posters and the like require the prior written consent of HG.
All objects, installations and superstructures, modifications, decorations and similar items brought in by the Customer must be completely removed by the Customer at the end of the rental period and, if necessary, disposed of in accordance with the applicable waste disposal regulations, and the original condition must be restored. If the Customer fails to do so, HG may carry out the removal and storage at the Customer’s expense.

IX. Accessibility of the rented property, guarding
Other events may take place at HG at the same time as the Customer’s event. The Customer is advised that the areas outside the event rooms are accessible to visitors of other events or third parties. In particular, a public road leads across the property, so that public traffic must be expected. In this respect, the customer shall not be entitled to any injunctive relief, reduction or claims for damages.
The Customer shall be responsible for ensuring that the rental object is cordoned off or that access is controlled by the Customer during the rental period, in particular during assembly and dismantling as well as during breaks. HG shall not be liable for the loss of items or other valuables stolen from the rented premises or otherwise lost. Valuable or easily movable items must be locked up if necessary. The Customer shall grant HG and its agents commissioned to provide services in connection with the Customer’s event access to the rented property at all times during the rental period.

X. Liability of HG
HG shall be liable for its obligations under the contract with the due care of a prudent businessman. Claims of the Customer for damages are excluded. Excluded are damages arising from injury to life, body or health if HG is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by HG and damages based on an intentional or negligent breach of material contractual obligations by HG.
Material contractual obligations in the aforementioned sense are those whose fulfilment makes the proper performance of the contract possible in the first place, on whose compliance the contractual partner regularly relies and may rely and which serve the realisation of such rights of the contractual partner which the contract is specifically intended to grant him according to its content and purpose. A breach of duty by HG is equivalent to a breach of duty by a legal representative or vicarious agent. In the event of disruptions or defects in HG’s services, HG will endeavour to remedy the situation if it becomes aware of the same or if the Customer immediately notifies HG of the same. The Customer is obliged to contribute what is reasonable to him in order to remedy the disruption and keep any possible damage to a minimum. The Customer is obliged to inform HG in good time of the possibility of an exceptionally high level of damage.
No custody agreement shall be concluded with regard to exhibition items or other items, including personal items, which are not brought-in items within the meaning of Section 701 (2) of the German Civil Code (BGB). HG accepts no liability for loss, destruction or damage, except in the case of intent or gross negligence.
Insofar as a parking space is made available to the customer on HG’s property, this does not constitute a safekeeping contract. HG is not liable for loss of or damage to parked motor vehicles and their contents. The Customer is expressly informed that the parking spaces are not guarded and are open to the public 24 hours a day and are not locked.
HG is not liable for the punctual execution of wake-up orders, the timeliness and correctness of news transmissions and the delivery of mail and goods consignments.
The strict liability of HG for material defects existing at the time of conclusion of the contract is excluded; § 536 a para. 1 BGB (German Civil Code) does not apply in this respect.
HG is liable for items brought into the room in accordance with the statutory provisions, i.e. up to 100 times the room price, up to a maximum of € 3,500, and for money, securities and valuables up to € 800. HG recommends that money, securities and valuables be kept in the room safe. The liability claims expire if the customer does not notify HG immediately after becoming aware of the loss, destruction or damage (§ 703 BGB).

XI. Interruptions
In the event of disruptions to the technical supply, in particular electrical, water, compressed air, heating, communication, etc., HG must be informed immediately. HG accepts no liability for damage resulting from the fact that disruptions occur in the event of power fluctuations or force majeure or that the power or water supply is interrupted by order of the authorities or energy suppliers.

XII. Room provision, handover and return
Booked rooms shall be available to the customer from 3.00 p.m. on the agreed day of arrival. The customer has no right to earlier provision. The customer does not acquire a claim to the provision of certain rooms. The rooms must be vacated and made available to HG by 11.00 a.m. at the latest on the agreed day of departure. Thereafter, HG may charge 50% of the list price for the late vacating of the room for its use in excess of the contract until 4.00 p.m., and 100% of the list price from 4.00 p.m. onwards.

XIII. Room allocations
Rooms named in the offer/contract are not binding and may change at any time.
A definitive room allocation can be requested 10 days before arrival.
When allocating rooms, attention will be paid to the size of the group and the agreed seating arrangements.

XIV Security regulations
Within four weeks prior to the start of the event, the Customer shall be obliged to provide truthful and complete information that is required for an assessment of any hazards arising from the event. This information is to be handed over to the relevant HG employee. If HG decides to draw up a safety concept for the Customer’s event, the Customer shall be obliged to provide HG with all the information required for this and to cooperate in its preparation. In particular, the Customer is obliged to provide HG in good time, at the latest four weeks before the start of the event, with the information relevant to the assessment of increased fire hazards, in particular regarding set-ups, equipment as well as the course of the event and any associated fire hazards and other actions relevant to fire safety.
The Customer is obliged to comply with HG’s safety regulations and to ensure compliance with them by visitors, employees and agents of the Customer by taking appropriate measures. Further requirements resulting from the nature and course of the event or from a safety concept drawn up by HG for the event must be observed. Safety instructions issued by HG and its agents must be followed.
In particular, the Customer shall be responsible for the safety of the equipment it has brought in. The Customer is advised that there is no clearing and gritting service (winter service) on the (walking) paths on the premises.
If a fire safety watch, a medical service or security forces are required for an event, the scope of these services, in particular the number of persons to be provided, depends on the type of event, the number of visitors, the event-specific safety regulations and the official regulations in the individual case. The costs arising from the deployment of these specialists shall be borne by the customer – subject to any provision to the contrary in the rental agreement.

XV. Liability of the Customer, Insurance, Third Party Liability
The Customer shall be liable to HG in accordance with the statutory provisions, unless otherwise stipulated below. The Customer shall be liable for the complete and proper return of the rental object and the equipment, access cards, installations and other facilities provided for use.
The Customer shall be liable to HG for damages in the event of personal injury, property damage and financial loss culpably caused by him, his agents, vicarious agents, guests or other third parties in connection with the event, insofar as these are attributable to the Customer in accordance with the statutory provisions. This applies in particular to damage caused to the premises, facilities, equipment and access routes provided by HG. The Customer’s liability also includes damage caused by riots, fire, panic and similar events caused by the event. Within the scope of its liability, the Customer shall indemnify HG against all claims for damages asserted against HG by third parties, in particular servants, members or agents of the Customer as well as visitors, in connection with the event.
HG is entitled to require the Customer to take out event liability insurance in accordance with the following requirements of HG: the sum insured must be at least € 1 million for personal injury and property damage and € 2.5 million for financial loss and both rental damage to the rented property and rental damage to movable property must be insured. The corresponding proof of insurance must be submitted to HG no later than two weeks before the start of the event.

XVI Limitation
Claims by HG due to changes or deterioration of the leased property are subject to a limitation period of one year. The limitation period shall commence at the time when HG receives the rented item back. All claims against HG are generally subject to a limitation period of one year from the beginning of the knowledge-dependent regular limitation period of Section 199 (1) of the German Civil Code (BGB). Claims for damages shall become statute-barred after five years irrespective of knowledge. The reductions in the statute of limitations do not apply to claims based on an intentional or grossly negligent breach of duty by HG.

XVII Copyrights, notification and approval obligations, responsibility of the customer
The designation and advertising of the event are the sole responsibility of the Customer. In the event of infringements of copyrights, image and name rights or trademark rights, the Customer shall indemnify HG against all claims of third parties. The Customer irrevocably acknowledges being the sole organiser and responsible party within the meaning of the Copyright Act. The Customer shall be solely responsible for fulfilling all statutory notification obligations and obtaining any necessary permits at its own expense. In particular, he is obliged to properly register the event with GEMA. HG may demand proof of registration, fulfilment of the aforementioned registration obligations and proof of payment of the GEMA fees in good time before the event. As the organiser, the customer is responsible for the event programme and the safe, smooth running of the event. Within his sphere of influence, he is responsible for compliance with the accident prevention regulations and the statutory provisions, in particular the Youth Protection Act, the Sunday and Public Holiday Act, noise protection and the local curfew regulations.

XVIII. Picture, film and sound recordings
Commercial picture, film, video and sound recordings of any kind by the Customer or by a third party commissioned by the Customer require the prior written consent of HG. The Customer shall inform HG in detail about the planned scope and details of the aforementioned recordings in the aforementioned sense. HG must be informed in good time, at least four weeks before the start of the event, about planned recordings and reporting.

XIX Declaration of Conformity
By signing the contract, the customer declares that the event will not have any anti-democratic, racist, extreme right-wing or left-wing, xenophobic or anti-Semitic content. In particular, neither freedom nor human dignity – regardless of the form in which this takes place – may be held in contempt. Should participants, visitors to the event violate this, the customer shall immediately put a stop to this by taking appropriate measures, if necessary also by expelling them from his event.

XX. Technical facilities and connections
Insofar as HG procures technical and other equipment from third parties for the Customer at the Customer’s instigation in accordance with the contract, it shall act in the name of, on the authority of and for the account of the Customer. The Customer shall be liable for the careful handling and proper return of such equipment and shall indemnify HG against all claims of third parties arising from the provision of such equipment. The use of the Customer’s own electrical equipment using HG’s power grid requires the Customer’s prior written consent. Any malfunctions or damage to HG’s technical equipment resulting from the use of such equipment shall be borne by the Customer unless HG is responsible for such malfunctions or damage. HG may record and charge the electricity costs incurred by the use as a lump sum. The Customer is only entitled to use its own telephone, fax and data transmission equipment as well as WLAN with the prior consent of HG. HG may charge a connection fee for this. If HG makes technical equipment available to the Customer, the Customer is obliged to check it for proper condition when it is made available, to confirm this or to record any defects found in writing in a log and to forward this to HG without delay.

XXI. Bringing in food and drinks
In principle, the Customer may not bring food and beverages with him. Exceptions require a written agreement with HG. In this case, an appropriate amount will be charged as a lump sum, which also includes the fixed costs incurred by HG.

XXII Protection of non-smokers
The Customer is obliged to enforce the existing smoking ban vis-à-vis its visitors. He shall draw attention to the smoking ban or enforce compliance with smoking at the designated smoking places and take the necessary measures in the event of violations. An exception to the basic smoking ban is only permitted after consultation with and approval by HG. The Customer must apply for any exemption no later than four weeks before the start of the event.

XXIII. Technical Guidelines
a. Curtains, equipment, props and decorations
a.1 Equipment, curtains of stages and scenery areas as well as decorations must be made of at least flame-retardant material. Decorations in necessary corridors and stairwells must be made of non-combustible material.
a.2 Props must be made of at least normally inflammable material.
a.3 Equipment, props and decorations may only be stored outside the stages and scenery areas; this does not apply to daily requirements.
a.4 Materials that drip, melt or produce toxic gases and plastics that produce large amounts of soot in the event of fire may not be used for curtains, equipment, props and decorations.
a.5 Upon request, HG shall be provided with suitable proof of compliance with the fire protection requirements pursuant to sections a.1-a.5.

b. Fire, use and storage of flammable material, pyrotechnics
b.1 The use of naked flames (torches, oil lamps, etc.), flammable liquids and gases, pyrotechnic objects and other explosive substances is prohibited throughout the building. HG may permit the use of open fires, flammable liquids and gases and pyrotechnic objects in individual cases,
if their use is justified by the nature of the event and the organiser has agreed the necessary fire protection measures with the fire brigade in individual cases.
b.2 The use of open fires, flammable liquids and gases as well as pyrotechnic objects in the outdoor area of HG is only permitted with the prior consent of HG. Such consent must be obtained in good time before the start of the event.
b.3 The use of pyrotechnic objects must be supervised by a person suitable under explosives law. The use of pyrotechnic objects must comply with the Explosives Act. Pyrotechnic objects may only be used if this has been approved by the regulatory authority (Ordnungsamt der Gemeinde Hohenstein).
b.4 Flammable material must be kept far enough away from ignition sources such as spotlights or radiant heaters, as well as from radiators, so that the material cannot be ignited by them.
b.5 Pyrotechnic articles, flammable liquids and other combustible material, in particular packing material, may only be stored in the magazines provided for this purpose.

c. Fire protection equipment
c.1 Fire extinguishing equipment and systems, fire extinguishers, wall hydrants, fire detection and alarm systems, smoke extraction systems and public address systems and other equipment and objects serving fire protection purposes shall be provided throughout the building and must be kept freely accessible and must not be obstructed or impaired in any other way.
c.2 The effect of automatic fire extinguishing systems must not be impaired by covered or multi-storey exhibition and service stands.

d. Safety-relevant facilities
The function of safety-related equipment must not be impaired.

f. Trade Fair and Exhibition Stands
f.1 Trade fair and exhibition stands may only be set up with the prior consent of HG and only within the areas specified by HG.
f.2 Trade fair and exhibition stands must be erected and used in such a way that they do not endanger the life and health of persons coming into contact with them. In particular, they must be stable and have guardrails for heights of 1 m or more. They shall be arranged in the room in such a way that escape routes are not blocked or restricted and fire protection equipment is not impaired.
f.3 Trade fair and exhibition stands shall be designed in such a way that their stability cannot be endangered by dynamic vibrations.
f.4 If trade fair and exhibition stands are erected, a construction plan must be agreed with HG. The customer must comply with the agreed assembly plan.

g. Use of electrical equipment, trusses, fog machines
g.1 Only such electrical equipment may be used at HG that has been successfully subjected to the recurrent test in accordance with DGUV A3.
g.2 Fog machines may not be used.

h. Operation of laser systems
h.1 The occupational health and safety regulations shall be applied accordingly to the operation of laser systems in areas accessible to visitors. For the operation of laser systems, the generally recognised technical
and the relevant accident prevention regulations and information of the employers’ liability insurance associations must therefore be observed not only by the employees of the organiser and its agents, but also by the persons responsible for the operation of laser systems.
and their representatives, but also vis-à-vis visitors for their protection.
h.2 The operation of laser systems is only permitted with the prior consent of HG.
h.3 Insofar as notification obligations exist in accordance with the relevant accident prevention regulations for the operation of laser systems, these must be fulfilled by the Customer.

i. Packaging materials, waste
i.1 Packaging materials and waste must be removed immediately from the assembly rooms and placed in the containers provided for this purpose; they may not be stored in the assembly rooms.
i.2 Only the containers provided may be used for the collection of waste and recyclable materials.
i.3 Small amounts of waste and packaging materials may be collected during the event in the waste containers provided for this purpose.
i.4 Containers for waste, recyclable materials and residual materials may not be made of combustible materials.

j. Mutual Consideration, Noise Protection
j.1 The Customer is aware that several events may take place at HG at the same time. In the interest of all users at HG, each customer must therefore take care to avoid disturbing other users, in particular through noise.

k. Domiciliary rights
The premises of HG are private property. HG exercises the domiciliary rights. In addition, organisers or representatives of HG shall exercise domiciliary rights insofar as this has been assigned to them by HG.

l. Eviction / Evacuation
HG is entitled to order the closure of rooms or other parts of the building or the premises as well as their evacuation for safety reasons and/or on the basis of official orders.

m. Compliance with legal regulations, generally accepted rules
The Customer or the service company must comply with the statutory provisions, the generally recognised rules of technology and the relevant accident prevention regulations of the employers’ liability insurance associations in connection with the staging of events and all activities carried out at HG.

XXIV Other terms and conditions
Amendments or supplements to the contract, the booking confirmation or these terms and conditions should be made in writing. Unilateral amendments or supplements by the customer are invalid. Should individual provisions of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded. The place of performance and payment is the registered office of HG. The exclusive place of jurisdiction – also for disputes concerning cheques and bills of exchange – in commercial transactions is Bad Schwalbach. In addition, in commercial dealings, each party is entitled to bring an action or initiate enforcement measures at the registered office of the other party. This shall also apply if one of the contracting parties fulfils the requirements of Section 38 (2) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany.

Contact
Hofgut Georgenthal GmbH & Co. KG
Georgenthal 1
D-65329 Hohenstein
Phone +49 (0)6128/943-0
E-mail info@hofgut-georgenthal.de
www.hofgut-georgenthal.de
Valid as of 15.11.2017