General Terms and Conditions of Business Townhouse Düsseldorf
General Terms and Conditions of Business (GTC)
for the Townhouse Düsseldorf (THD)
I. Area of applicability
1. These GTC apply to all and future contracts relating to the rental of hotel rooms for accommodation purposes, conference, banqueting and event facilities of the THD, and to all associated further services and deliveries provided by the THD (Arrangement).
2. These GTC take precedence over the terms and conditions of the customer. Those will not be acknowledged or recognised, even if not again expressly rejected following notification from the customer. Our GTC are deemed to be accepted at the latest on acceptance of our services and deliveries or on use of the rooms and/or other facilities.
3. The sub-letting or further rental of the hotel rooms, facilities or areas, and invitations to presentation meetings, sales or similar events, or the use of the hotel rooms for any purposes other than accommodation, require the prior written consent of the THD.
II. Contract conclusion, partner, liability
1. In the case of events, the contract comes into existence by means of the written confirmation of the THD to the customer, and for hotel rooms, on acceptance of the order.
2. The partners to the contract are the THD and the customer. If the order is placed by a third party on behalf of the customer, the former is jointly liable toward the THD together with the customer for all obligations arising out of the contract.
3. If the customer is a political association or a non-Christian religious community, the express written approval of the THD is required in order for the contract to come into effect. If the customer fails to state that they are a political association or a non-Christian religious community, the THD is entitled to withdraw from the contract immediately, without any claims for compensation for damages accruing to the customer.
III. Services, prices, payment
1. The THD undertakes to provide the services ordered by the customer and agreed by the THD.
2. The customer undertakes to pay the applicable or agreed prices for these and other services used, as specified by the THD. This also applies to services in connection with the event and expenses of the THD paid out to third parties.
3. The agreed prices include value-added tax at the prevailing legal rate. If the time between contract conclusion and contract fulfilment exceeds 4 months, and if during this period the prices charged for such services by the THD are increased, the contractually agreed price may be increased appropriately, although by a maximum of 10 % p.a.
4. A change in the number of participants at events must be notified to the Reservations Department at least 10 working days before the start of the event.
5. A reduction in the number of event participants by a maximum of 5% will be taken into account by the THD in the invoice. In case of larger changes, charges will be based on the originally agreed number of participants, less 5 %.
6. In the event of an increase in numbers, charges will be based on the actual number of participants.
7. In the event of a change in the number of participants by more than 10 %, the THD is entitled to change the confirmed rooms, unless this is clearly unreasonable for the customer.
8. The invoices of the THD without due date are due for payment within 10 days of receipt of the invoice, without deduction.
9. The THD is entitled to require an appropriate advance payment. The amount of the advance payment and the payment dates must be agreed in writing in the contract.
IV. Withdrawal from the contract by the Townhouse Düsseldorf
1. If the agreed advance payment is not made within an appropriate time as set by the THD, under the threat of withdrawal from the contract, the THD will be entitled to withdraw from the contract.
2. The THD is further entitled to withdraw from the contract for materially justified reasons, for example if force majeure or other circumstances beyond the control of the THD render the fulfilment of the contract impossible.
3. If the customer has infringed Item I.3 or II.3. of these GTC, or the THD has justified cause to assume that the event may endanger the smooth running of operations, safety, or the public image of the THD a withdrawal from the contract is possible.
4. The THD must notify the customer immediately of the exercise of the right of withdrawal.
5. In the event of the justified withdrawal by the Conference Centre, the customer has no claim to compensation for damages.
V. Withdrawal by the customer (cancellation of order)
1. A withdrawal by the customer is possible until 6 weeks before the arrival date or day of event without any costs.
2. A withdrawal by the customer is only accepted in written form.
3. In the event of withdrawal by the customer from the contract concluded with the THD less than 6 weeks before arrival/event, the THD is entitled to invoice the agreed rent/the arrangement, even if the customer does not make use of the contractually agreed services, and provided that it is no longer possible or unreasonable for the THD to rent out the facilities.
4. This does not apply in cases where the THD fails to provide the agreed services at the specified time for reasons which are the responsibility of the THD.
5. If a time has been agreed for withdrawal from the contract (option) between the THD and the customer, the customer may withdraw from the contract up to this time, without any claims for payment or compensation for damages accruing to the THD.
6. In the event of hotel rooms not being used by the customer, the THD will reconcile the revenue obtained from the further rental of the rooms, together with any costs saved.
7. In the event of cancellation or reduction in participant numbers reserved, the following charges will be invoiced:
42 to 15 days before arrival 40 % of the arranged turnover
14 to 3 days before arrival 60 % of the arranged turnover
2 to 0 days before arrival 80 % of the arranged turnover
8. The THD will make every effort to rent out unused hotel rooms and facilities elsewhere wherever possible, in order to avoid losses.
VI. Hotel room provision, hand-over and return
1. The customer has no claim to the provision of any particular hotel rooms.
2. Booked hotel rooms will be available to the customer from 03:00pm on the agreed day of arrival. The customer has no claim to earlier provision of the rooms. Unless a later arrival time has been agreed in writing, the THD reserves the right to rent out reserved hotel rooms elsewhere after 06:00 pm.
3. On the agreed day of departure, hotel rooms must be vacated and made available to the THD by 11:00 am at the latest. In the case of late vacating the THD may charge up to 100 % of the full accommodation rate.
Liability of the hotel
1. The THD is liable for the performance of its obligations arising from the contract. Claims of the customer for reimbursement of damages are precluded, except for such with result from death, injury to body or health and the THD is responsible for the breach of the obligation, other damage which is caused from an intentional or negligent breach of obligations of the THD which are typical for the contract. Should disruptions or defects in the performance of the THD occur, the THD shall act to remedy such upon knowledge there of or upon objection by the customer made without undue delay. The customer shall be obliged to undertake actions reasonable for him to eliminate the disruption and to keep any possible damage to a minimum.
2. The THD is liable to the customer for property brought into the hotel in accordance with the statutory provisions. Accordingly, the liability is limited to one hundred times the room rate, but however a maximum amount of € 3500,00 and, in deviation for cash, securities and valuables a maximum amount up to € 800,00. Cash, securities and valuables up to maximum value of the insured amount may be stored in the hotel safe. The THD recommends that guests make use of this possibility. The liability claims of the guest go out, if they are not brought immediately to the hotel.
3. The legal regulations count to the unlimited liability of the hotel.
4. Insofar as a parking space is provided to the customer in a hotel parking lot or the parking garage “Hohe Straße”, this does not constitute a safekeeping agreement, even if a fee is exchanged. The THD assumes no liability for loss of or damage to the motor vehicles.
5. Wake up calls are carried out by the THD with the greatest possible diligence. Messages, mail and deliveries for guests shall be handled with care. The THD will deliver, hold and, for a fee, forward such items (on request). Damage claims are excluded except with intention and coarse carelessness.
VIII. Customers own food and drinks
1. Customers are fundamentally not allowed to bring their own food and drink to events. Exceptions require written agreement with the Reservations Department. In such cases, a fee will be charged as a contribution toward coverage of general costs (corkage).
IX. Loss or damage
1. The hotel reserves the right to charge the reproduction costs of lost or damaged hotel property to the customer’s account.
2. Should the customer lose a transponder (room key), the hotel reserves the right to charge the general costs for material and reprogramming (€ 50,00) to the customer’s account.
3. We hereby explicitly state the smoking is not permitted in our premises (including hotel rooms). In case of noncompliance we will charge a special cleaning fee to the lodger or tenant of at least € 150,00 per case/room/day. Unless the client can prove, that the noncompliance did not take place or originated less.
4. Pets are not allowed. In case of noncompliance we charge a special cleaning fee to the lodger or tenant of at least € 150,00 per case/room/day. Unless the client can prove, that the noncompliance did not take place or originated less.
5. If the fire alarm system is triggered through the guest’s own fault (cooking without supervision, smoking, etc.), the guest will be charged for the cost of the fire service, depending on the amount.
X. Concluding conditions
1. Amendments or amplifications to the contract, the acceptance of the application of these terms and conditions of business must be made in writing. Unilateral amendments or amplifications by the customer are invalid.
2. Place of fulfilment and payment are the offices of THD.
3. This contract is subject to German law.
4. The THD does not undertake to take part in dispute settlement proceedings before a consumer arbitration board.
5. If any individual stipulations of these GTC for events are invalid or void, this does not affect the validity of the remaining stipulations. Otherwise, the applicable legal regulations apply.
Online dispute resolution
Online dispute resolution in accordance with Art. 14 Para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which you can find here: https://ec.europa.eu/consumers/odr/.