Terms and conditions

General Terms and Conditions of Koncept Hotels Verwaltungs GmbH

1 Scope of application

  1. These General Terms and Conditions (GTC) apply to all services provided by Koncept Hotel Management 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 rooms 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.
  2. These GTC refer to all types of contracts such as hotel accommodation, package tour, contingent or event contracts concluded with Koncept. The GTC shall also apply to all future transactions with the contracting party.
  3. 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

  1. 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, orally, in text form (e-mail, fax) or conclusively, by providing the service.
  2. 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 scope of this contingent contract, the contractual partner shall be liable for all damage culpably caused by the end user.
  3. A group booking is deemed to exist if more than nine rooms in a hotel establishment are booked by a contractual partner by way of one or more booking transactions that 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.
  4. 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

  1. The rooms are made available exclusively for accommodation purposes.
  2. The client shall be liable to Koncept for all damages caused by him or by third parties who receive Koncept’s services at his instigation.
  3. The contracting party is not entitled to the use of certain rooms. Should rooms not be available on the premises, Koncept shall inform the client immediately and offer a replacement of equal value in a nearby hotel of the same category. If the contracting party refuses, Koncept shall immediately reimburse the services rendered by the contracting party.
  4. Boeked rooms are available to the contracting party from 15:00 on the day of arrival. Unless otherwise agreed, Koncept has the right to assign booked rooms to other parties after 6:00 p.m. without the contracting party being able to derive any rights or claims from this.
  5. The rooms must be vacated by 12:00 noon on the day of departure at the latest. Thereafter, 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.

4 Provision of services, prices, payments, set-off and assignment

  1. The prices of the respective services are determined according to the Koncepts price list valid at the time the service is provided. All prices include 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 mentioned taxes have to be paid additionally by the contract partner. The respective amounts will be invoiced separately. Increases in sales 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 shall have the right to increase prices by a maximum of 15%. Subsequent changes in services may lead to changes in 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.
  2. If the contracting party has booked within a period of time when a trade fair, a major event or any other event is taking place and if, after the conclusion of the contract, such event is postponed for reasons beyond Koncept’s control, this contract shall apply to the new period of time if Koncept is able to fulfill the agreed services at that time. Koncept shall inform the contracting party within a reasonable period of time whether it is able to fulfill its obligation to perform. If the performance is not possible, especially if the booked rooms are already rented to third parties for the new period, the parties may withdraw from the contract without giving reasons. The assertion of claims against the other party is excluded. This does not apply to services already provided. These are to be refunded or compensated.
  3. The payment claim Koncept is due immediately upon receipt of the respective invoice without deduction. An invoice shall be deemed received by the invoice recipient no later than 3 days after dispatch, unless an earlier receipt can be proven. In case of default of payment, the statutory rules shall apply.
  4. The preparation of a total invoice does not release from the timely payment of the individual invoices. A delay in payment of even one individual invoice entitles Koncept to withhold all further and future services and to make the fulfillment of the services dependent on a security deposit of up to 100% of the outstanding payment.
  5. For each reminder, a reminder fee of € 10.00 is owed. Invoices are generally payable immediately in cash or by credit card. Koncept is entitled to reject foreign currency, checks and credit cards. Vouchers from tour operators will only be accepted if a credit agreement exists with the respective company or if corresponding advance payments have been made. A refund of services not used is excluded.
  6. The contracting partner may only offset Komcept’s claim against a claim 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.
  7. 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 in relation to Koncept to revoke this charge towards its credit card institute.

5 Withdrawal, cancellation, reduction

    1. Reservations made by the contracting partner are binding for both contracting partners. If a right of withdrawal has not been agreed upon 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-utilization of the service. Koncept shall credit the income from renting the rooms to other parties as well as the saved expenses. If the rooms are not rented 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 portions of the contractually agreed total price for accommodation with or without breakfast a) 50% of the contractually agreed total price if the written cancellation or
      b) 70% of the contractually agreed total price if the written cancellation or reduction is received by Koncept between 29 and 10 days prior to 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 prior to 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 shall have no claim if the written cancellation or reduction is received by Koncept up to (and including) 90 days prior to the start of the performance period.

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    1. The contracting party is free to prove that the aforementioned claim has not arisen or has not arisen in the amount claimed.

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  1. If Koncept can otherwise provide the cancelled service to third parties in the agreed period of performance, 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 shall be waived.

6 Cancellation / Termination Concepts

  1. Koncept is entitled to withdraw from the contract (§ 323 BGB) or to terminate the contract (§ 314) according to the legal regulations if
      1. the contractual partner fails to perform a due service

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      1. the performance of the contract is impossible due to force majeure, strike or other circumstances for which Koncept is not responsible

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      1. the contractual partner provides misleading or false information regarding essential data

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      1. the contractual partner uses the name Koncept with promotional measures without prior written consent

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      1. the contractual partner subleases the contractual premises in whole or in part without Koncept’s written consent

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      1. Koncept has reasonable grounds to believe that the use of the hotel service may jeopardize the smooth operation of the business, the safety or the reputation of Koncept in public

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  2. Koncept shall notify the contracting party in writing of the exercise of the withdrawal/termination without undue delay, at the latest within 14 days after the reason has become known. The cancellation of the contract by Koncept shall not give rise to any claims of the contractual partner for damages or other compensation. A claim by Koncept for compensation for damages incurred and expenses incurred by it shall remain unaffected in the event of a justified termination of the contract.

7 Koncepts liability, objects brought in, statute of limitations

    1. In principle, Koncept is liable for all legal and contractual claims only in case of intentional or grossly negligent conduct.

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    1. Exceptionally, Koncept shall be liable for slight negligence in case of damage,

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    1. a) which are based on the breach of essential contractual obligations. In these cases, liability is limited to the foreseeable damage typical for the contract

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  1. b) due to injury to life, limb or health.
    1. Concept’s liability for consequential or indirect damages is excluded.
    2. Exclusions and limitations of liability apply in the same way in favor of all companies used by Koncepts to fulfill its contractual obligations, their subcontractors and vicarious agents. They do not apply if Koncepts assumes a guarantee for the quality of an object or a work or in case of fraudulently concealed errors.
    3. The contracting party shall be obliged to notify the hotel of any noticeable defects without delay, at the latest upon departure.
    4. For objects brought in by the contracting party, the statutory provisions of § § 701 ff BGB.

apply.

    1. Retained items of the contracting partner / overnight stay will be forwarded only at the request, risk and expense of the contracting partner. Koncept will keep the items for 12 months and charge an appropriate monetary compensation. After that, the things, if there is a recognizable value, will be handed over to the local lost and found office.

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  1. All claims of the contracting party against Koncept arising from or in connection with the contract shall become statute-barred after the expiry of one year, starting from the end of the year in which the claim arose and the contracting party became aware of the circumstances giving rise to the claim or should have become aware without gross negligence.

8 Additional provisions for package travel contracts

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  • If Koncept’s obligation to perform consists, in addition to the provision of board and lodging, in the organization of a leisure program as a paid service of its own, this shall constitute a so-called package travel contract.
  • Because of changes, deviations or reductions of individual services within the framework of a package travel contract, which become necessary after the conclusion of the contract, the contracting party can not make any claims if they are merely insignificant.
  • In the case of mediated services (not a package tour), Koncept is not liable for the provision of services by third-party service providers or carriers, 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 shall be 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.

9 Place of performance and payment, place of jurisdiction, collateral agreements, partial invalidity

    1. The place of performance and payment for both parties is the registered office of the respective hotel company Koncept.

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  1. German law shall apply.
  2. With the exception of private end consumers, Cologne is agreed as the exclusive place of jurisdiction for all claims arising from or based on the respective contract.

10 Alternative dispute resolution pursuant to Art. 14 para.

  1. ODR Regulation and § 36 VSBG 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: hallo@koncepthotels.com 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

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