TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS OF BUSINESS

1. GENERAL

1.1 THE FOLLOWING GENERAL TERMS AND CONDITIONS ARE ACKNOWLEDGED BY SIGNATURE AND ARE PART OF THE CONTRACT. THESE GENERAL TERMS AND CONDITIONS APPLY TO THE RENTAL OF CONFERENCE, BANQUET AND EXHIBITION ROOMS AS WELL AS TO THE AGREEMENT OF OTHER DELIVERIES AND SERVICES. THE RESERVATION OF CONFERENCE, BANQUET AND EXHIBITION ROOMS AND THE AGREEMENT OF OTHER DELIVERIES AND SERVICES ARE BINDING FOR THE HOTEL ZOO BERLIN (HEREINAFTER REFERRED TO AS THE “HOTEL”) AND FOR THE ORGANIZER AS SOON AS THE ORGANIZER HAS SIGNED A COPY OF THE RESERVATION CONFIRMATION AND RETURNED IT TO THE HOTEL WITHIN THE PERIOD SPECIFIED IN THE ORDER CONFIRMATION.

1.2 IF THE PERSON CARRYING OUT THE EVENT IS NOT THE ORGANIZER HIMSELF OR IF THE ORGANIZER EMPLOYS A COMMERCIAL AGENT OR ORGANIZER, THE ORGANIZER AND THE EVENT CENTER ARE JOINTLY LIABLE FOR ALL OBLIGATIONS ARISING FROM THE CONTRACT. NOTWITHSTANDING THIS, THE ORGANIZER IS OBLIGATORY TO PASS ON ALL INFORMATION RELATING TO THE BOOKING, IN PARTICULAR THESE GENERAL TERMS AND CONDITIONS, TO THE THIRD PARTY.

1.3 THE ORGANIZER’S GENERAL TERMS AND CONDITIONS ONLY APPLY IF THEY HAVE BEEN EXPRESSLY AGREED IN TEXT FORM IN ADVANCE.

1.4 IF THE CONTRACT IS NOT CONCLUDED WITHIN THE PERIOD SPECIFIED IN THE ORDER CONFIRMATION, THE HOTEL MAY RENT THE ROOMS RESERVED UNTIL THEN TO ANOTHER PARTY.

2. PRICING REGULATIONS

2.1 THE RENTAL FEES FOR EVENT ROOMS AND THE COSTS FOR OTHER DELIVERIES AND SERVICES ARE DETERMINED WHEN THE EVENT IS AGREED AND ARE STATED IN THE CONFIRMATION OF THE EVENT.

2.2 IF THE HOTEL, AT THE INSTITUTION OR DUE TO THE BEHAVIOR OF THE ORGANIZER, PROVIDES ITS SERVICES IN A SCOPE AND FOR A RENTAL DURATION IN EXCESS OF THE AGREED EVENT CONDITIONS, AN ADDITIONAL RENTAL PAYMENT AND SERVICE CHARGE WILL BE DUE BASED ON INDIVIDUAL PROOF.

2.3 IN THE EVENT OF AN INCREASE IN VALUE ADDED TAX, THE HOTEL RESERVES THE RIGHT TO CHANGE THE GROSS AMOUNT CORRESPONDINGLY.

3. PURPOSE BINDING

ALL HOTEL SERVICES MAY ONLY BE USED FOR THE PURPOSE AGREED IN THE CONTRACT. ALL SERVICES TO WHICH THE ORGANIZER IS ENTITLED ARE DEFINITELY DESCRIBED IN THE WRITTEN AGREEMENTS

4. LIABILITY OF THE ORGANIZER

4.1 THE ORGANIZER IS ALSO LIABLE TO THE HOTEL FOR PAYMENT OF ANY ADDITIONAL SERVICES USED BY THE EVENT PARTICIPANTS, AS WELL AS FOR COMPENSATION FOR LOSSES AND DAMAGES CAUSED BY EMPLOYEES, ASSISTANTS OR EVENT PARTICIPANTS, WITHOUT THE NEED FOR PROOF OF FAULT

4.2 THE SUB-LETTING OR FURTHER LETTING OF THE ROOMS AND AREAS PROVIDED REQUIRES THE PRIOR CONSENT OF THE HOTEL IN TEXT FORM, WHICH EXCLUDES SECTION 540 PARAGRAPH 1 SENTENCE 2 OF THE BGB, IN SO FAR AS THE ORGANIZER IS NOT A CONSUMER.

5. CHANGE IN PERFORMANCE

THE HOTEL IS ENTITLED TO REPLACE AGREED SERVICES WITH EQUIVALENT ONES.

6. CANCELLATIONS

6.1 THE CANCELLATION PERIODS ARE FROM THE CONTRACTUAL AGREEMENT

6.2 IF THE RENTED ROOMS ARE CANCELLED AFTER THE DEADLINES SET FORTH ABOVE IN SECTION 6.1, THE ORGANIZER WILL BE LIABLE FOR THE FULL ROOM RENTAL PLUS 70% OF THE PRICE OF THE AGREED SERVICES (E.G. FOOD, CONFERENCE PACKAGES).

6.3 ALL SPECIAL SERVICES (SERVICES OF THIRD PARTIES THAT THE HOTEL HAS BOOKED FOR THE ORGANIZER IN ACCORDANCE WITH THE ORDER) ARE SUBJECT TO 100% PAYMENT, REGARDLESS OF THE DATE OF TERMINATION

6.4 THE ORGANIZER RESERVES THE RIGHT TO PROVE LESS DAMAGE OR LESS EXPENSES OF THE HOTEL.

7. WITHDRAWAL

7.1 IF A DATE FOR FREE WITHDRAWAL FROM THE CONTRACT HAS BEEN AGREEMENTED IN TEXT BETWEEN THE HOTEL AND THE ORGANIZER, THE ORGANIZER MAY WITHDRAW FROM THE CONTRACT UP TO THAT DATE WITHOUT GIVING RISE TO ANY CLAIMS FOR PAYMENT OR DAMAGES FROM THE HOTEL. THE ORGANIZER’S RIGHT TO WITHDRAW EXPIRES IF HE DOES NOT EXERCISE HIS RIGHT TO WITHDRAW AGAINST THE HOTEL IN TEXT BY THE AGREED DATE. THE TIME THE WRITTEN NOTICE OF WITHDRAWAL IS RECEIVED BY THE HOTEL IS DECISIVE. THE DATE AND LOCAL TIME IN BERLIN (GERMANY) ARE DECISIVE.

7.2 IF IT HAS BEEN CONTRACTUALLY AGREED THAT THE ORGANIZER MAY WITHDRAW FROM THE CONTRACT WITHIN A CERTAIN PERIOD FREE OF CHARGE, THE HOTEL IS ENTITLED TO WITHDRAW FROM THE CONTRACT DURING THIS PERIOD IF THERE ARE REQUESTS FROM OTHER ORGANIZERS FOR THE CONTRACTUALLY BOOKED EVENT ROOMS AND THE ORGANIZER DOES NOT WAIVE HIS RIGHT TO WITHDRAW UPON A WRITTEN REQUEST FROM THE HOTEL.

7.3 IF AN AGREED OR REQUESTED ADVANCE PAYMENT OR SECURITY DEPOSIT (SEE SECTION 12) IS NOT MADE EVEN AFTER THE EXPIRATION OF A REASONABLE GRACE PERIOD SET BY THE HOTEL, THE HOTEL IS ALSO ENTITLED TO WITHDRAW FROM THE CONTRACT.

7.4 THE HOTEL RESERVES THE RIGHT TO WITHDRAW FROM THE CONTRACT FOR IMPORTANT REASON, E.G. IF: A. A CONTRACTUALLY AGREED ADVANCE PAYMENT IS NOT MADE EVEN AFTER A REMINDER. B. FORCE MAJEURE OR OTHER CIRCUMSTANCES FOR WHICH THE HOTEL IS NOT RESPONSIBLE MAKE THE PERFORMANCE OF THE CONTRACT IMPOSSIBLE. C. EVENT ROOMS HAVE BEEN BOOKED WITH MISLEADING OR FALSE INFORMATION REGARDING ESSENTIAL FACTS (E.G. PEOPLE OR PURPOSE). D. THERE IS REASONABLE GROUND TO ASSUME THAT THE USE OF THE HOTEL SERVICES COULD ENDANGER THE SMOOTH OPERATION, SAFETY OR PUBLIC REPUTATION OF THE HOTEL, WITHOUT THIS BEING ATTRIBUTABLE TO THE HOTEL’S AREA OF CONTROL OR ORGANIZATION.

7.5 IF THE HOTEL WITHDRAWS FROM THE CONTRACT FOR IMPORTANT REASON, THERE IS NO CLAIM FOR COMPENSATION. CLAIMS FOR COMPENSATION BY THE HOTEL REMAIN UNAFFECT.

8. LIABILITY

8.1 OUTSIDE OF THE PROVISIONS OF §§ 701 ff. BGB, THE HOTEL IS ONLY LIABLE FOR LOST OR DAMAGED PROPERTIES OF THE ORGANIZER AND PARTICIPANTS AND FOR OTHER DAMAGES IF THE LEGAL REPRESENTATIVES OR VICTIMATE AGENTS OF THE HOTEL HAVE ACTED INTENTIONALLY OR WITH GROSS NEGLIGENCE. EXCEPT FROM THIS LIMITATION ARE DAMAGES RESULTING FROM INJURY TO LIFE, BODY OR HEALTH IF THE HOTEL IS RESPONSIBLE FOR THE BREACH OF DUTY. LIABILITY FOR MINOR NEGLIGENCE IS EXCLUDED TO THE EXTENT PERMITTED BY LAW, IN ANY CASE FOR INDIRECT DAMAGES AND CONSEQUENTIAL DAMAGES.

8.2 IF ANY FAULTS OR DEFECTS OCCURRENCE IN THE SERVICES OF THE HOTEL, THE HOTEL WILL, IF KNOWN OF THE FAULT OR IF THE ORGANIZER IS AWARE OF THE FAULT OR IF IT IS IMMEDIATELY OBSERVED, ENDEAVOR TO PROVIDE A REMEDY. THE ORGANIZER IS OBLIGATED TO DO ANYTHING REASONABLE TO REMEDY THE FAULT AND TO MINIMIZE ANY POSSIBLE DAMAGE. THE ORGANIZER IS OTHERWISE OBLIGATED TO INFORM THE HOTEL IN TIME OF THE POSSIBILITY OF EXCEPTIONALLY HIGH DAMAGE.

8.3 ALL CLAIMS AGAINST THE HOTEL EXPIRE IN ONE YEAR FROM THE START OF THE LEGAL LIMITATION PERIOD. CLAIMS FOR DAMAGES EXPIRE IN THREE YEARS, REGARDLESS OF KNOWLEDGE, UNLESS THEY ARE BASED ON INJURY TO LIFE, BODY, HEALTH OR FREEDOM. THE REDUCED LIMITATION PERIOD DOES NOT APPLY TO CLAIMS BASED ON A DELIBERATE OR GROSSLY NEGLIGENT BREACH OF DUTY BY THE HOTEL.

9. DECORATION MATERIALS, EXHIBITION AND OTHER ITEMS ANY PERMITS

9.1 THE ADDITION OF DECORATIVE MATERIALS OR OTHER OBJECTS IS NOT PERMITTED WITHOUT THE CONSENT OF THE HOTEL.

9.2 THE ORGANIZER GUARANTEES THAT SUCH MATERIAL MEETS THE FIRE POLICY REQUIREMENTS. THE HOTEL MAY REQUEST APPROPRIATE PROOF AND CERTIFICATES FOR THIS PURPOSE.

9.3 THE ORGANIZER IS RESPONSIBLE FOR THE DELIVERY, SETUP, DISMANTLING AND REMOVAL OF EXHIBITS AND OTHER ITEMS, AND BEARS THE SOLE RISK. DETAILS OF THE DESIGN AND DECORATION MUST BE AGREED WITH THE HOTEL AT LEAST ONE WEEK BEFORE THE EVENT.

9.4 THE APPROPRIATE INSURANCE OF EXHIBITS IS THE SOLE RESPONSIBILITY OF THE ORGANIZER. THE HOTEL MAY REQUEST PROOF OF INSURANCE

9.5 EXHIBITS OR OTHER ITEMS BROUGHT TO THE EVENT MUST BE REMOVED IMMEDIATELY AFTER THE END OF THE EVENT. IF THE ORGANIZER FAILS TO DO SO, THE HOTEL MAY REMOVE AND STORAGE THEM AT THE ORGANIZER’S EXPENSE. IF THE ITEMS REMAIN IN THE EVENT ROOM, THE HOTEL MAY CHARGE REASONABLE COMPENSATION FOR USE FOR THE DURATION OF THEIR STAY. THE ORGANIZER IS FREE TO PROVE THAT THE ABOVE-MENTIONED CLAIM HAS NOT AROSE OR HAS NOT AROSE TO THE AMOUNT DEMANDED.

9.6 ITEMS LEFT BEHIND WILL ONLY BE SENDED UPON A SPECIAL AGREEMENT WITH THE ORGANIZER AND THEN ONLY AT THE ORGANIZER’S EXPENSE AND RISK.

9.7 THE ORGANIZER MUST OBTAIN ALL OFFICIAL PERMITS NECESSARY FOR THE PERFORMANCE OF THE EVENT AT HIS OWN EXPENSE. HIM IS RESPONSIBLE FOR COMPLYING WITH THESE PERMITS AND ALL OTHER PUBLIC LAW REGULATIONS IN CONNECTION WITH THE EVENT.

10. THIRD PARTY SERVICES

TO THE EXTENT THAT THE HOTEL PROCURES OR HAS PROCURED TECHNICAL OR OTHER SERVICES FROM THIRD PARTIES FOR THE ORGANIZER, IT ACTS IN THE NAME AND FOR THE ACCOUNT OF THE ORGANIZER. THE ORGANIZER IS LIABLE FOR THE CAREFUL HANDLING AND PROPER RETURN OF THESE FACILITIES AND RELEASES THE HOTEL FROM ALL CLAIMS BY THIRD PARTIES ARISING FROM THE PROVISION OF THESE FACILITIES. THE ORGANIZER HAS NO RIGHT TO THE PROVISION OF ASSISTANT STAFF FOR THE TRANSPORT AND ASSEMBLY OF GOODS AND OTHER ITEMS THAT ARE BROUGHT IN BY THE ORGANIZER OR THIRD PARTIES.

11. FOOD AND DRINKS

BRINGING FOOD AND DRINKS REQUIRES PRIOR APPROVAL OF THE HOTEL.

12. PAYMENTS, SECURITY, DEFAULT, SET-OFF

12.1 THE HOTEL IS ENTITLED TO REQUEST AN APPROPRIATE ADVANCE PAYMENT OR SECURITY DEPOSIT FROM THE ORGANIZER UPON CONCLUSION OF THE CONTRACT IN THE FORM OF A CREDIT CARD GUARANTEE, A DEPOSIT OR SIMILAR. THE AMOUNT OF THE ADVANCE PAYMENT AND THE PAYMENT DATES CAN BE AGREED IN TEXT IN THE CONTRACT.

12.2 IN JUSTIFIED CASES, E.G. IF THE ORGANIZER IS IN ARRECT WITH PAYMENTS OR IF THE SCOPE OF THE CONTRACT IS EXPANDED, THE HOTEL IS ENTITLED TO REQUIRE AN ADVANCE PAYMENT OR SECURITY DEPOSIT AS SET FORTH IN THE ABOVE PARAGRAPH EVEN AFTER THE CONCLUSION OF THE CONTRACT AND UP TO THE BEGINNING OF THE EVENT.

12.1 OR TO REQUEST AN INCREASE IN THE ADVANCE PAYMENT OR SECURITY AGREED IN THE CONTRACT UP TO THE FULL AGREED COMPENSATION.

12.3 COMPENSATION AND ADVANCE PAYMENT DEMANDS FROM THE HOTEL ARE PAYABLE IMMEDIATELY AFTER INVOICING. THE HOTEL CHARGES INTEREST ON LATE PAYMENTS AT THE STATUTORY AMOUNT OF 5% ABOVE THE BASE RATE ACCORDING TO SECTION 1 OF THE DISCOUNT TRANSITION ACT OF JUNE 9, 1998. THE ORGANIZER IS ONLY PERMITTED TO SET OFF CLAIMS THAT ARE UNCONTESTED OR HAVE BEEN LEGALLY ESTABLISHED.

13. ROOMS OR SUITES AS EVENT OBJECT

IF ROOMS OR SUITES ARE THE SUBJECT OF AN EVENT, ANY DEFECTS OR DAMAGES IN THE ROOM/SUITE MUST BE REPORTED TO RECEPTION IMMEDIATELY. THE ORGANIZER IS OBLIGED TO RETURN THE ROOM/SUITE IN PROPER CONDITION. IF DAMAGE OCCURS OR HOTEL PROPERTY IS STOLEN, COMPENSATION MUST BE PAID IN FINANCIAL FORM

14. WRITTEN FORM

CHANGES AND ADDITIONS TO THE CONTRACT, THE ACCEPTANCE OF THE APPLICATION OR THESE GENERAL TERMS AND CONDITIONS MUST BE MADE IN WRITING. UNILATERAL CHANGES OR ADDITIONS BY THE ORGANIZER ARE VOID. SUBSEQUENT AGREEMENTS AND ADDITIONAL AGREEMENTS MUST BE IN WRITING TO BE EFFECTIVE.

15. PLACE OF PERFORMANCE AND JURISDICTION

IF THE ORGANIZER IS A MERCHANT, THE PLACE OF PERFORMANCE AND JURISDICTION IS BERLIN.

16. FINAL PROVISION

16.1 SHOULD ONE OF THESE PROVISIONS BE OR BECOME INVALID IN WHOLE OR IN PART, THIS WILL NOT AFFECT THE VALIDITY OF THE OTHER PROVISIONS OR THE CONTRACT. INVALID PROVISIONS SHALL BE REPLACED BY VALID ONES THAT COME CLOSEST IN ECONOMIC TERMS TO THE PURPOSE INTENTED BY THE PARTIES.

16.2 GERMAN LAW APPLIES. THE APPLICATION OF THE UN CONVENTION FOR THE SALE OF PRODUCTS AND THE CONFLICT OF LAW IS EXCLUDED.

16.3 THE HOTEL IS A SMOKE-FREE HOTEL. IN CASE OF VIOLATION (SMOKING INSIDE THE HOTEL) THE GUEST WILL BE CHARGED A FLAT FEE OF 300.00 EUR PER VIOLATION

16.4 THE ORGANIZER UNDERTAKES TO OBSERVE THE ATTACHED HOUSE RULES OF THE HOTEL IN SO FAR AS HE COMES INTO CONTACT WITH THE FACILITIES OR PRACTICES DESCRIBED THEREIN. (SIGNATURE OF ORGANIZER) WE ASK YOU TO RETURN THE SIGNED DUPLICATE OF THESE GENERAL TERMS AND CONDITIONS TO THE HOTEL ZOO BERLIN WITHIN THE PERIOD STATED IN THE RESERVATION CONFIRMATION.

STATUS: 01 DECEMBER 2016

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