Terms and conditions
General Terms and Conditions of Koncept Hotels Verwaltungs GmbH
- These General Terms and Conditions (GTC) apply to all services provided by Koncept Hotels Verwaltungs GmbH or its respective domestic and foreign subsidiaries (hereinafter referred to as “Koncept”) to the guest, the organiser and other contractual partners (hereinafter referred to as “contractual partners”). The services consist, in particular, in the granting of the use of hotel rooms and other premises for e.g. seminars, meetings, presentations, conferences, banquets and other events, the sale of food and beverages (F&B), the organisation of cultural and sporting events and other programmes, the implementation of special health-promoting measures or comparable offers as well as for all further services and deliveries by Koncept in connection therewith. Koncept is entitled to fulfil its services through third parties.
- These GTC refer to all types of contracts, such as hotel accommodation, package tour, contingent or event contracts, as well as the rental of living space for accommodation, also for a longer period of stay, which are concluded with Koncept. The GTC shall also apply to all future transactions with the contracting party.
- The contracting party’s GTC shall not apply, even if Koncept does not expressly object to them. Counter-confirmations of the contracting party with reference to its GTC are hereby contradicted.
2 Conclusion of contract
- In principle, the respective contract is concluded following an oral or written application by the contractual partner and Koncept’s acceptance. Koncept is free to accept the application in writing, verbally, in text form (e-mail, fax) or conclusively by providing the service.
- If the contractual partner makes a group booking, a so-called contingent contract is concluded. The contingent contract shall govern these GTCs primarily and in addition. Within the framework of this contingent contract, the contracting partner is liable for all damages culpably caused by the end user.
- A group booking shall be deemed to exist if more than nine rooms in a hotel establishment are booked by a contracting party by way of one or more booking transactions which are temporally and/or factually related. A group booking is independent of the method of booking. This can be done in person, by telephone, by fax, by e-mail, in writing, via “koncepthotels.com”, via intermediaries (e.g. so-called online portals) or by other means.
- Subletting or re-letting or free use of the rooms provided by third parties as well as use for other than accommodation purposes is only permitted if Koncept expressly allows this. Koncept may grant a written exception here at its own discretion upon request.
3 Room use, room handover, departure
- The rooms are made available exclusively for accommodation purposes.
- The client is liable to Koncept for all damage caused by him or by third parties who receive Koncept’s services at his instigation.
- The contracting party has no claim to the use of specific rooms. Should rooms not be available on the premises, Koncept shall inform the contracting party immediately and offer a substitute of equal value in a nearby hotel of the same category. If the contracting party refuses, Koncept shall immediately reimburse any services rendered by the contracting party.
- Booked rooms are available to the contracting party from 3:00 pm on the day of arrival. Unless otherwise agreed, Koncept has the right to assign booked rooms to other guests after 6:00 p.m. without the contractual partner being able to derive any rights or claims from this.
- The rooms must be vacated by 12:00 noon on the day of departure at the latest. After this time, Koncept may charge the daily room rate for the additional use of the room until 4:00 p.m., and 100% of the full accommodation rate (list price) after 4:00 p.m., in addition to the resulting damage.
5 Provision of services, prices, payments, set-off and assignment
- The prices of the respective services are determined according to the Koncepts price list valid at the time the service is provided. All prices are subject to the currently valid statutory value added tax. The prices do not include public charges such as visitor’s tax, cultural promotion tax (so-called “bed tax”) and the like. The aforementioned taxes shall be borne additionally by the contract partner. The respective amounts shall be invoiced separately. Increases in value added tax shall be borne by the contract partner. If the period between the conclusion of the contract and the first contractual service exceeds 120 days, Koncept has the right to increase prices by a maximum of 15%. Subsequent changes to the services may lead to changes in the prices. Koncept is entitled to demand an advance payment or security deposit of up to 100% of the contracting party’s total payment obligation from the contracting party upon conclusion of the contract. The amount of the advance payment and the payment dates may be stipulated in the contract.
- If the contracting party has booked within a period during which a trade fair, major event or other event is taking place and if, after conclusion of the contract, such an event is postponed for reasons for which Koncept is not responsible, this contract shall apply to the new period if Koncept is able to fulfil the agreed services at that time. Koncept shall inform the contracting party within a reasonable period of time whether it is able to fulfil its obligation to perform. If the performance is not possible, in particular if the booked rooms have already been let to third parties for the new period, the parties may withdraw from the contract without giving reasons. The assertion of claims against the respective other party is excluded. This does not apply to services already provided. These are to be reimbursed or paid for.
- Payment by the deposited means of payment shall be made on the date of arrival at the latest. The arrival date is 10:00 a.m. of the booked arrival day. For long-term stays of more than one month (30 days or more), only the amount for the first month will be paid immediately. The amount for the following month will be paid at the latest three days after the end of the previous month. Koncept is entitled to demand immediate payment of any outstanding amounts at any time. In the event of late payment, Koncept is entitled to charge the applicable statutory interest on arrears as defined in § 288 BGB (German Civil Code). Koncept reserves the right to prove higher damages.
- In all other cases, Koncept’s payment claim is due without deduction immediately after receipt of the respective invoice. An invoice is deemed to have been received by the invoice recipient no later than 3 days after dispatch, unless earlier receipt can be proven. In the event of late payment, the statutory rules apply.
- The issuing of a total invoice does not release the client from the obligation to pay the individual invoices on time. A delay in payment of even one individual invoice entitles Koncept to withhold all further and future services and to make the fulfilment of the services dependent on a security deposit of up to 100% of the outstanding payment.
- A reminder fee of € 10.00 is owed for each reminder. Invoices are to be paid immediately in cash or by credit card. Koncept is entitled to reject foreign currency, cheques and credit cards. Vouchers from tour operators will only be accepted if a credit agreement exists with the company concerned or if corresponding advance payments have been made. A refund of unused services is excluded.
- The client can only offset Koncepts’ claims if his claim is undisputed or has been legally established. This applies analogously to the exercise of a right of retention due to the client’s own claims. Claims and other rights may only be assigned to Koncepts with its written consent.
- If the contracting party uses a credit card for the payment of Koncept products with prepayment obligation (e.g. general orders with prepayment or guaranteed booking) without physically presenting it (e.g. via telephone, internet or similar), the contracting party is not entitled to revoke this charge vis-à-vis its credit card institution in relation to Koncept.
6 Withdrawal, cancellation, reduction
- Reservations made by the contractual partner are binding for both contractual partners. If a right of withdrawal has not been agreed or has already expired, if there is also no legal right of withdrawal or termination and if Koncept does not agree to a cancellation of the contract, Koncept shall retain the claim to the agreed remuneration despite the non-utilisation of the service. Koncept shall take into account the income from renting the rooms to other parties as well as the expenses saved. If the rooms are not let to other parties, Koncept may make a lump-sum deduction for saved expenses. In this case, the contracting party is obliged to pay the following proportions of the contractually agreed total price for accommodation with or without breakfast a) 50% of the contractually agreed total price if Koncept receives the written cancellation or
reduction between 89 and 30 days before the start of the service period b) 70% of the contractually agreed total price if Koncept receives the written cancellation or reduction between 29 and 10 days before the start of the
service period. c) 90% of the contractually agreed total price if the written cancellation or reduction is received by Koncept less than 10 days before the start of the service period d) For package arrangements with third-party services, 70% for half-board and 60% for full-board arrangements. Koncept has no claim if the written cancellation or reduction is received by Koncept up to (and including) 90 days before the start of the performance period.
- The contractual partner shall be free to prove that the aforementioned claim has not arisen or has not arisen in the amount claimed.
- If Koncept is able to provide the cancelled service to third parties elsewhere in the agreed period, the contracting party’s compensation shall be reduced by the amount paid by such third parties for the cancelled service, but not more than the total compensation.
7 Withdrawal / Termination Koncepts
- In accordance with the statutory regulations, Koncept is entitled to withdraw from the contract (§ 323 BGB) or to terminate the contract (§ 314) if
- the contracting party fails to perform a due service
- the fulfilment of the contract is impossible due to force majeure, strike or other circumstances for which Koncept is not responsible
- the contracting party makes misleading or false statements about essential data
- the contracting party uses the name Koncept in advertising without prior written consent.
- rooms which are the subject matter of the contract are sublet in whole or in part without Koncepts’ written consent
- Koncept has reasonable grounds to believe that the use of the hotel service may jeopardise the smooth running of the business, the security or Koncept’s public reputation.
- Koncept must inform the contracting party in writing of the exercise of the withdrawal/cancellation without delay, at the latest within 14 days of becoming aware of the reason. The cancellation of the contract by Koncept does not justify any claims by the contractual partner for damages or other compensation. In the event of justified termination of the contract, Koncept’s claim to compensation for damages incurred and expenses incurred shall remain unaffected.
8 Koncepts’ liability, objects brought in, limitation period
- Koncept is liable for all legal and contractual claims in principle only in the case of intentional or grossly negligent conduct.
- By way of exception, Koncept shall be liable for slight negligence in the event of damage,
a) which are based on the violation of essential contractual obligations. In these cases, liability is limited to the foreseeable damage typical for the contract.
b) due to injury to life, body or health
- Koncepts accepts no liability for consequential or indirect damages.
- Exclusions and limitations of liability apply in the same way for the benefit of all companies used by Koncepts to fulfil its contractual obligations, their subcontractors and vicarious agents. They do not apply if Koncept assumes a guarantee for the quality of an object or a work or in the case of fraudulently concealed defects.
- The contract partner is obliged to notify the hotel of any recognisable defects without delay, at the latest on departure.
- The statutory provisions of §§ 701 et seqq. of the German Civil Code (BGB) shall apply to objects brought in by the contractual partner.
- Any items left behind by the contracting partner / overnight guest will only be forwarded at the request, risk and expense of the contracting partner. Koncept will keep the items for 12 months and charge an appropriate fee for this. After this period, the items will be handed over to the local lost property office if there is a recognisable value.
- All claims of the contractual partner against Koncept arising from or in connection with the contract shall become statute-barred after the expiry of one year, beginning with the end of the year in which the claim arose and the contractual partner became aware of the circumstances giving rise to the claim or should have become aware without gross negligence. Smoking ban, admission of visitors, keeping of animals, setting off of fire alarms
- The guest rooms at Koncept are non-smoking rooms. Therefore, smoking is prohibited at all times within the entire building. This also applies to e-cigarettes. In the event of a violation, Koncept is entitled to terminate the contract without notice. Furthermore, Koncept may, if necessary, charge costs of a special final cleaning in case of nicotine odour in the flat amounting to at least EUR 250. Koncept reserves the right to charge the guest for any costs incurred in connection with the activation of the fire alarm system as a result of a breach of this smoking ban. In the event of a fire alarm being activated wilfully or negligently, Koncept may charge costs of at least 1500 EUR if necessary.
- Keeping animals in the rented rooms is not permitted.
- The guest is obliged to use the room only within the contractually agreed framework, in particular only by the persons intended there. The overnight stay of visitors requires the prior consent of Koncept in text form. In the event of a violation, Koncept is entitled to charge the guest a flat-rate surcharge of EUR 100.00 per night and visitor as well as to terminate the accommodation contract without notice.
- Koncept is entitled to enter the rented flat for weekly cleaning and linen change as well as, after consultation with the guest, to carry out repairs, to read the electricity and water meters and to inspect the flat within the framework of the follow-up rental. In case of imminent danger, Koncept is also entitled to enter the flat without consultation with the guest.
10 Additional provisions for package travel contracts
- If, in addition to providing board and lodging, Koncept’s service obligation consists of organising a leisure programme as its own paid service, this constitutes a so-called package travel contract.
- The contractual partner cannot assert any claims due to changes, deviations or reductions of individual services within the framework of a package travel contract that become necessary after conclusion of the contract if they are merely insignificant.
- In the case of mediated services (not package tours), Koncept is not liable for the provision of services by third party service providers or transport companies, but only for the proper mediation of the travel service and for the proper transfer of information from the service provider to the participant.
- In the case of a package tour, Koncept’s liability for damages other than bodily injury is limited to three times the travel price, insofar as damage to the contracting party was not caused intentionally or by gross negligence or insofar as Koncept is solely responsible for damage incurred by the contracting party due to the fault of a service provider.
11 Place of performance and payment, place of jurisdiction, collateral agreements, partial invalidity
- The place of performance and payment for both parties is the registered office of the respective hotel operation of Koncept.
- German law shall apply.
- With the exception of private end consumers, Cologne is agreed as the exclusive place of jurisdiction for all claims arising from or on the basis of the respective contract.
12 Alternative Dispute Resolution pursuant to Art. 14 para.
- The EU’s ODR platform for out-of-court online dispute resolution can be accessed at the following link: http://ec.europa.eu/consumers/odr/ Our e-mail address is: firstname.lastname@example.org We are not obliged to participate in dispute resolution proceedings before a consumer arbitration board and are generally not prepared to do so. Cologne, March 2017