General Terms and Conditions

General Business Conditions for Hotel Accommodation Contracts

1. Scope of Application
1.1    These General Business Conditions apply to all contracts concluded with us, centromed Berlin-Spandau Betriebs-GmbH & Co. KG, Neuendorfer Str. 25, 13585 Berlin, Germany (hereafter referred to as the "Hotel"), on the rental use of hotel rooms for lodging purposes, as well as all further services rendered and goods delivered by the Hotel to the Customer in this context (Hotel Accommodation Contracts).

1.2    Any subletting of rooms provided as well as the use thereof for use than lodging purposes requires the Hotel's prior consent in text form (sec. 126b of the German Civil Code - Bürgerliches Gesetzbuch [BGB]), and may depend upon the payment of an additional fee. To the extent that the Customer is not a consumer (sec. 13 BGB), sec. 540 para. 1 s. 2 BGB shall not apply.

1.3    Any of the Customer's general business conditions shall only apply if and to the extent that a written prior agreement to this effect was made with our management.

2. Conclusion of a Contract, Parties, Liability, Statute of Limitations
2.1    The Hotel Accommodation Contract shall take effect upon the Hotel's acceptance of the offer submitted by the Customer. The Hotel may, at its discretion, confirm the room reservation in text form.

2.2    The Parties to the Contract are the Hotel and the Customer. If any third party has booked on the Customer's behalf, that third party shall be liable vis-à-vis the Hotel, as joint and several debtor, for all obligations under the Hotel Accommodation Contract, to the extent that the Hotel has on file a declaration made by the third party to this effect.

2.3    Any and all claims against the Hotel shall, in principle, become time-barred within one year after the commencement of the statutory limitation period. This shall neither apply to damage claims nor to any other claims which are based on an intentional or grossly negligent breach of obligation by the Hotel.

2.4    No later than upon conclusion of the Contract, the Customer shall advise the Hotel of the occurrence, or objective danger of occurrence, of any of the cases set forth at para. 5.3 (c) to (e) hereafter.

3. Services, Prices, Payment, Set-Off
3.1    The Hotel is obligated to keep the rooms reserved by the Customer available, and to perform the agreed services.

3.2    The Customer is obligated to pay the agreed or applicable prices of the Hotel for rooms provided and for other services used. This also applies to services ordered by the Customer directly or via the Hotel which are provided by a third party provides and for which the Hotel makes any disbursements.

3.3    The prices agreed include all taxes, especially, V.A.T., and local charges in effect at the time of the conclusion of contract. This does not include locally levied charges owed by the guest himself under municipal statute, such as, e.g., visitor's tax or cultural funding charge ("bed tax").
    If the statutory V.A.T. rate or any local charges imposed on the object of performance increase, the prices shall be adjusted accordingly.
    If the prices generally charged by the Hotel for services of the agreed type increase between the conclusion and the fulfilment of the Contract, the Hotel may adequately increase the contractually agreed price. However, such increase is subject to a limit of 5% per full year elapsed between the conclusion and the fulfilment of the Contract.
    If the Customer is a consumer, the provisions set forth in this para. 3.3 shall apply under the proviso that a minimum of four months must have elapsed between the conclusion and fulfilment of the Contract, and that the time period determining the 5% limit shall only commence four months after conclusion of the Contract.

3.4    The Hotel may make its consent of a request made by the Customer after conclusion of the Contract to reduce the number of rooms booked, the performance of the Hotel or the length of stay of the guests depend upon an increase of the price for the rooms and/or other services of the Hotel.

3.5    To the extent that no other agreement has been made, invoices by the Hotel are payable without deduction and shall become due within two weeks from the date of receipt by the Customer. If the Customer is a consumer, this shall only apply if the invoice contains an express advice to this effect. The Hotel may demand at any time the immediate payment of due claims by the Customer. For the rest, the statutory rules shall apply to any cases of default of payment by the Customer.

3.6    The Hotel is entitled to require from the Customer upon conclusion of the Contract a reasonable advance payment or a surety, such as, e.g., a credit card guarantee. The amount of the advance payment and payment dates may be agreed in the Contract in text form. The statutory provisions shall remain unaffected regarding advance payments or sureties for package tours. The statutory rules shall apply to any cases of default of payment by the Customer.

3.7    In justified cases, especially, default of payment by the Customer or extension of the scope of the Contract, the Hotel shall be entitled, also after the conclusion of the Contract and until the commencement of the stay, to require an advance payment or a surety as provided in para. 3.6 above, or an increase of the advance payment or surety agreed in the Contract up to the total agreed amount of remuneration.

3.8    Furthermore, the Hotel shall be entitled, both at the beginning of and during the stay, to require from the Customer a reasonable advance payment or surety as provided in para. 3.6 above, for existing and future claims under the Contract, unless such advance payment or surety has not already been made or provided under para. 3.6 and/or 3.7 above.

3.9    The Customer may only set off against a claim by the Hotel such claim of his own as is undisputed or confirmed by a final judgment.

3.10    The accommodation of any pets is always subject to the Hotel's express consent and may be subject to the payment of a special remuneration.

4. Withdrawal by the Customer (Cancellation)/Failure to Use Hotel Services ("No Show")
4.1    The Customer may only withdraw from the Contract concluded with the Hotel if a right of withdrawal has been explicitly agreed upon in the Contract, if a statutory right of withdrawal exists or if the Hotel expressly consents of the cancellation of the Contract. The contractual agreement of a right of withdrawal as well as the consent of cancellation of the Contract should be made in text form.

4.2    If a deadline for withdrawal from the Contract free of charge has been agreed upon between the Hotel and the Customer, the Customer may withdraw within such deadline without incurring claims for payment or damages by the Hotel. The Customer's right of withdrawal shall expire if not exercised within the deadline.

4.3    If none of the cases set forth in para. 4.1 above occurs, or if an agreed right of withdrawal has expired as set forth in para. 4.2 above, the Hotel keeps its claim of payment despite the Customer's failure to use the services. The Hotel must set off against such claim any revenue from letting the rooms to other parties as well as the amount of expenses saved. If the rooms are not let otherwise, the Hotel may assess a lump sum of expenses saved. In this case, the Customer is obligated to pay at least 90% of the contractually agreed rate for lodging with or without breakfast as well as for all-inclusive arrangements with contracted third-party services, 70% for half-board and 60% for full-board arrangements. The Customer is entitled to prove that the above-mentioned claim has not accrued at all or does not amount to the demanded sum.

5. Withdrawal by the Hotel
5.1    If an agreement for the purposes of para. 4.2 above has been made in the Customer's favour, the Hotel is entitled for its part to withdraw from the contract within the deadline agreed if and to the extent that other Customers have made inquiries to book the rooms reserved under the Contract and the Customer fails to waive his right of withdrawal when asked by the Hotel to do so within an adequate deadline. If and to the extent that the Customer has been granted a limited option to book rooms, other Customers have made inquiries to book the optioned rooms and the Customer fails to confirm the booking of the rooms when asked by the Hotel to do so within an adequate deadline, the Hotel may withdraw from the option upon expiry of the adequate deadline.

5.2    The Hotel is also entitled to withdraw from the contract if an advance payment agreed or surety demanded under para. 3.7 and/or 3.8 above is not made or provided despite the expiry of a reasonable grace period fixed by the Hotel.

5.3    Moreover, the Hotel is entitled to declare extraordinary withdrawal from the Contract for an important reason. Especially, any of the following shall be deemed to constitute an important reason for extraordinary withdrawal:
(a)    force majeure or other circumstances beyond the Hotel's control render the fulfilment of the Contract impossible, or
(b)    rooms or hotel services are booked providing, in a culpable manner, misleading or false information or withholding essential facts, the Customer's identity or solvency or purpose of stay especially being able to constitute such essential facts, or
(c)    the Hotel has justified reason to believe that the use of the Hotel's services might jeopardize the smooth operation of the Hotel, its security or public reputation, without any of this being attributable to the Hotel's sphere of control or organization, or
(d)    the purpose or the cause of the stay is illegal, or
(e)    a breach of para 1.2 above has been committed.

5.4    None of the Customer's damages claims may be based on any justified withdrawal by the Hotel.

5.5    If the Hotel exercises justified withdrawal from the Contract under paras. 5.2 or 5.3 above, the Hotel may assess a claim for damages against the Customer, which has accrued to it for the reasons of withdrawal, applying, mutatis mutandis, para. 4.3 above, in the amount of lost remuneration minus a lump sum of expenses saved. The Customer remains entitled to prove that no damage at all has accrued to the Hotel, or that such damage is substantially lower than the amount demanded hereunder.

6. Room Availability, Delivery and Return
6.1    To the extent that no other agreement has been made, the Customer does not acquire the right to be provided specific rooms.

6.2    Reserved rooms are available to the Customer from 3:00 p.m. on the agreed arrival date. The Customer does not have any right to earlier availability.

6.3    Rooms must be vacated and made available to the Hotel no later than 12:00 noon on the agreed departure date. After that time, based on late vacating of the room, the Hotel may charge 50% of the full accommodation rate (rack rate) for the additional use of the room until 6:00 p.m., 90% after 6:00 p.m. This shall not establish any contractual claims of the Customer. The Customer is at liberty to prove that no charges for use of the room have accrued, or that such charges are substantially lower than the claimed amount. The Hotel reserves the right to prove that the damage accrued to it is substantially higher than the lump-sum amount of charges for use of the room.

7. Liability of the Hotel
7.1    The Hotel is liable for loss of life, personal injury or damage to health within its responsibility (sec. 276 para. 1 BGB). Moreover, it is liable for other damage caused by intentional or grossly negligent breach of its obligations, or caused by intentional or grossly negligent breach of any of the Hotel's obligations typical of the contract. Any breach of obligation by any statutory representative or vicarious agent of the Hotel is deemed to be equivalent to a breach by the Hotel itself. To the extent not otherwise set forth in this para. 7, any and all claims for damages above and beyond the aforementioned are excluded. Should disruptions or defects in the performance of the Hotel occur, the Hotel shall act, without undue delay, to remedy such disruptions or defects upon knowledge thereof or upon objection made by the Customer without undue delay. The Customer shall undertake any and all actions he may be expected to take in order to eliminate the disruption and to minimize any possible damage.

7.2    The Hotel is liable to the Customer for property brought into the Hotel in accordance with the statutory provisions. The Hotel recommends the use of the hotel or room safe. If the guest wishes to bring with him money, securities, stocks, bonds or valuables with a value of more than 800 € or other objects with a value of more than 3,500 €, this shall require the conclusion of a separate safekeeping agreement with the Hotel.

7.3    To the extent that a parking space is provided to the Customer in the Hotel garage or on a Hotel parking lot, this does not constitute a safekeeping agreement, even if a fee is asked. For any loss of or damage to motor vehicles parked or manoeuvred on the Hotel’s property and the contents thereof, the Hotel shall only be liable within the ambit of para. 7.1, sentences 1 to 4, above.

7.4    Wake-up calls shall be carried out by the Hotel with the greatest possible care. Any messages, mail, and deliveries of merchandise for guests shall be handled with care. The Hotel will deliver, hold, and, upon request and for a fee, forward such items. The Hotel shall only be liable within the ambit of para. 7.1, sentences 1 to 4, above.

7.5    Any items left behind by the Customer will only be forwarded at the Customer's request, risk and expense. If any identifiable value exists, the Hotel shall notify the Customer, and keep the items for three months from the sending date of the notification to the Customer; thereafter, the items will be handed over to the local lost and found service. To the extent that no identifiable value exists, the Hotel reserves the right to destroy the items after expiry of the deadline.

8. Final Provisions
8.1   Any amendments and supplements to the Contract, to the acceptance of offers or these General Business Conditions should be made in text form. To the extent that the Customer is not a consumer, they require the written form to be valid. Any amendments or supplements made unilaterally by the Customer shall be invalid.

8.2   If the Customer is a business person for the purposes of the German Commercial Code (Handelsgesetzbuch - HGB -), a legal entity under public law or a separate public estate, the following shall apply: The place of performance and payment as well as, in the event of litigation including disputes relating to cheques and bills of exchange, the exclusive place of litigation is at Berlin-Spandau. If the Customer is not eligible for a domestic general place of jurisdiction, the courts competent for Berlin-Spandau shall have jurisdiction.

8.3   The Hotel Accommodation Contract shall be exclusively governed by German substantive law.

8.4   Should any individual provisions of these General Business Conditions be or become invalid or void, the validity of the remaining provisions shall remain unaffected. For the rest, the statutory provisions shall apply.

General Business Conditions for Events

1. Scope of Application
1.1    These General Business Conditions apply to all contracts concluded with us, centromed Berlin-Spandau Betriebs-GmbH & Co. KG, Neuendorfer Str. 25, 13585 Berlin, Germany (hereafter referred to as the "Hotel"), on the rental use of conference, banquet and convention rooms of the Hotel for events of any type, as well as all further services rendered and goods delivered by the Hotel to the Customer in this context (Event Contracts).

1.2    Any subletting of rooms, spaces, or display cases provided as well as the issuance of invitations for interviews, sales promotions, or similar events requires the Hotel's prior consent in text form (sec. 126b of the German Civil Code - Bürgerliches Gesetzbuch [BGB]), and may depend upon the payment of an additional fee. To the extent that the Customer is not a consumer (sec. 13 BGB), sec. 540 para. 1 s. 2 BGB shall not apply.

1.3    Any publications of any type which make reference to the event location must be submitted to the Hotel for information within due time ahead of the event. They require the Hotel's consent. No exhibitions shall be held in the Hotel's foyer and lobby. Any display of advertising material requires the Hotel's prior written consent.

1.4    Any of the Customer's general business conditions shall only apply if and to the extent that a written prior agreement to this effect was made with our management.

2. Conclusion of Contract, Parties to Contract, Liability, Statute of Limitation
2.1    The Event Contract shall take effect upon the Hotel's acceptance of the offer submitted by the Customer. The Hotel may, at its discretion, confirm the event booking in text form.

2.2    The Parties to the Contract are the Hotel and the Customer. If the Customer is not himself the event organizer, or if a commercial agent, organizer or other third party is used by the organizer to book the event, the organizer and the third party who makes the booking shall be liable vis-à-vis the Hotel, as joint and several debtors with the Customer, for all obligations under the Event Contract.

2.3    The Hotel is liable for loss of life, personal injury or damage to health within its responsibility (sec. 276 para. 1 BGB). Moreover, it is liable for other damage caused by intentional or grossly negligent breach of its obligations, or caused by intentional or grossly negligent breach of any of the Hotel's obligations typical of the contract. Any breach of obligation by any statutory representative or vicarious agent of the Hotel is deemed to be equivalent to a breach by the Hotel itself. To the extent not otherwise set forth in para. 9, any and all claims for damages above and beyond the aforementioned are excluded. Should disruptions or defects in the performance of the Hotel occur, the Hotel shall act, without undue delay, to remedy such disruptions or defects upon knowledge thereof or upon objection made by the Customer. The Customer shall undertake any and all actions he may be expected to take in order to eliminate the disruption and to minimize any possible damage. For the rest, the Customer shall advise the Hotel in due time of the possibility that an extraordinarily high damage might accrue.

2.4    Any and all claims against the Hotel shall, in principle, become time-barred within one year after the commencement of the statutory limitation period. This shall neither apply to damage claims nor to any other claims which are based on an intentional or grossly negligent breach of obligation by the Hotel.

2.5    No later than upon conclusion of the Contract, the Customer shall advise the Hotel of the occurrence, or objective danger of occurrence, of any of the cases set forth at para. 5.3 (c) to (e) and (f)(ii) hereafter.

2.6    Any messages, mail, and deliveries of merchandise for Customers shall be handled with care. The Hotel will deliver, hold, and, upon request and for a fee, forward such items. The Hotel shall only be liable within the ambit of para. 2.3, sentences 1 to 4, above.

2.7    To the extent that a parking space is provided to the Customer in the Hotel garage or on a Hotel parking lot, this does not constitute a safekeeping agreement, even if a fee is asked. For any loss of or damage to motor vehicles parked or manoeuvred on the Hotel’s property and the contents thereof, the Hotel shall only be liable within the ambit of para. 2.3, sentences 1 to 4, above.

3. Services, Prices, Payment, Set-Off
3.1    The Hotel is obligated to perform the services ordered by the Customer and agreed upon by the Hotel.

3.2    The Customer is obligated to pay the agreed or applicable prices of the Hotel for said services and/or other services used by him and/or the event participants. This also applies to services ordered by the Customer directly or via the Hotel which are provided by a third party provides and for which the Hotel makes any disbursements.

3.3    The prices agreed include all taxes, especially, V.A.T., and local charges in effect at the time of the conclusion of contract.
    If the statutory V.A.T. rate or any local charges imposed on the object of performance increase, the prices shall be adjusted accordingly.
    If the prices generally charged by the Hotel for services of the agreed type increase between the conclusion and the fulfilment of the Contract, the Hotel may adequately increase the contractually agreed price. However, such increase is subject to a limit of 5% per full year elapsed between the conclusion and the fulfilment of the Contract.
    If the Customer is a consumer, the provisions set forth in this para. 3.3 shall apply under the proviso that a minimum of four months must have elapsed between the conclusion and fulfilment of the Contract, and that the time period determining the 5% limit shall only commence four months after conclusion of the Contract.

3.4    To the extent that no other agreement has been made, invoices by the Hotel are payable without deduction and shall become due within two weeks from the date of receipt by the Customer. If the Customer is a consumer, this shall only apply if the invoice contains an express advice to this effect. The Hotel may demand at any time the immediate payment of due claims by the Customer. For the rest, the statutory rules shall apply to any cases of default of payment by the Customer.

3.5    The Hotel is entitled to require from the Customer upon conclusion of the Contract a reasonable advance payment or a surety, such as, e.g., a credit card guarantee. The amount of the advance payment and payment dates may be agreed in the Contract in text form. The statutory rules shall apply to any cases of default of payment by the Customer.

3.6    In justified cases, especially, default of payment by the Customer or extension of the scope of the Contract, the Hotel shall be entitled, also after the conclusion of the Contract and until the commencement of the stay, to require an advance payment or a surety as provided in para. 3.5 above, or an increase of the advance payment or surety agreed in the Contract up to the total agreed amount of remuneration.

3.7    Furthermore, the Hotel shall be entitled, both at the beginning of and during the event, to require from the Customer a reasonable advance payment or surety as provided in para. 3.5 above, for existing and future claims under the Contract, unless such advance payment or surety has not already been made or provided under para. 3.5 and/or 3.6 above.

3.8    The Customer may only set off against a claim by the Hotel such claim of his own as is undisputed or confirmed by a final judgment.

3.9    If a minimum consumption agreed upon has not been reached, the Hotel may charge to the Customer, as lump sum loss of profit, 60% of the difference between the prices of the consumption agreed and of the actual consumption. The Customer is entitled to prove that no or a significantly smaller loss of profit has accrued to the Hotel. The Hotel is entitled to prove that the loss of profit was significantly higher that the lump sum charged.

4. Withdrawal by the Customer (Cancellation)/Failure to Use Hotel Services ("No Show")
4.1    The Customer may only withdraw from the Contract concluded with the Hotel if a right of withdrawal has been explicitly agreed upon in the Contract, if a statutory right of withdrawal exists or if the Hotel expressly consents of the cancellation of the Contract. The contractual agreement of a right of withdrawal as well as the consent of cancellation of the Contract should be made in text form.

4.2    If a deadline for withdrawal from the Contract free of charge has been agreed upon between the Hotel and the Customer, the Customer may withdraw within such deadline without incurring claims for payment or damages by the Hotel. The Customer's right of withdrawal shall expire if not exercised within the deadline.

4.3    If none of the cases set forth in para. 4.1 above occurs, or if an agreed right of withdrawal has expired as set forth in para. 4.2 above, the Hotel keeps its claim of payment despite the Customer's failure to use the services. The Hotel must set off against such claim any revenue from letting the rooms to other parties as well as the amount of expenses saved. If the rooms are not let otherwise, the Hotel may assess a lump sum of expenses saved. In this case, the Customer is obligated to pay at least 90% of the contractually agreed rate for lodging with or without breakfast as well as for all-inclusive arrangements with contracted third-party services, 70% for half-board and 60% for full-board arrangements. The Customer is entitled to prove that the above-mentioned claim has not accrued at all or does not amount to the demanded sum.

4.4    If the Customer withdraws from the Contract only between the eighth and the fourth week prior to the date of the event, the hotel shall be entitled to charge – in addition to the agreed rent – 35% of lost food sales; 70% of food sales may be charged for any later cancellation.

4.5    Food sales are calculated using the following formula: agreed menu price x number of participants. If no price had yet been agreed for the menu, then the least expensive three-course menu in the current set of event offers shall apply.

4.6    If a seminar flat rate per participant has been agreed, the Hotel shall be entitled to charge, in cases of cancellation between the eighth and fourth week prior to the date of the event, 60% of the seminar flat rate x the agreed number of participants; 85% may be charges for any later cancellation.

4.7    In any case of withdrawal by the Customer, any services performed by third parties or special services (such as the delivery of cakes, flowers, etc.) which were ordered by or on behalf of the Customer, must be paid for in full by the Customer to the extent that such services are rendered useless by the withdrawal.

5. Withdrawal by the Hotel
5.1   If an agreement for the purposes of para. 4.2 above has been made in the Customer's favour, the Hotel is entitled for its part to withdraw from the contract within the deadline agreed if and to the extent that other Customers have made inquiries to book the event rooms reserved under the Contract and the Customer fails to waive his right of withdrawal when asked by the Hotel to do so within an adequate deadline. If and to the extent that the Customer has been granted a limited option to book event rooms, other Customers have made inquiries to book the optioned event rooms and the Customer fails to confirm the booking of the event rooms when asked by the Hotel to do so within an adequate deadline, the Hotel may withdraw from the option upon expiry of the adequate deadline.

5.2   The Hotel is also entitled to withdraw from the Contract if an advance payment agreed or surety demanded under para. 3.6 and/or 3.7 above is not made or provided despite the expiry of a reasonable grace period fixed by the Hotel.

5.3   Moreover, the Hotel is entitled to declare extraordinary withdrawal from the Contract for an important reason. Especially, any of the following shall be deemed to constitute an important reason for extraordinary withdrawal:
(a)   force majeure or other circumstances beyond the Hotel's control render the fulfilment of the Contract impossible, or
(b)   event spaces or hotel rooms are booked providing, in a culpable manner, misleading or false information or withholding essential facts, the Customer's identity or solvency or purpose of stay especially being able to constitute such essential facts, or
(c)   the Hotel has justified reason to believe that the use of the Hotel's services might jeopardize the smooth operation of the Hotel, its security or public reputation, without any of this being attributable to the Hotel's sphere of control or organization, or
(d)   the purpose or the cause of the stay is illegal, or
(e)   a breach of para 1.2 above has been committed, or
(f)   it becomes apparent to the Hotel after conclusion of the Contract that its claim of payment is jeopardizes by the Customer's inability to pay. This especially applies if (i) the Customer, despite the Hotel the Hotel having issued a reminder with a deadline, fails to settle any of the Hotel's due claims, or fails to provide sufficient surety, or (ii) in respect of the Customer's assets, insolvency or out-of-court universal debt adjustment proceedings are opened, or the application for the opening of such insolvency proceedings is rejected for lack of funds sufficient to cover the cost of proceedings.

5.4   None of the Customer's damages claims may be based on any justified withdrawal by the Hotel.

5.5   If the Hotel exercises justified withdrawal from the Contract under paras. 5.2 or 5.3 above, the Hotel may assess a claim for damages against the Customer, which has accrued to it for the reasons of withdrawal, applying, mutatis mutandis, para. 4.3 above, in the amount of lost remuneration minus a lump sum of expenses saved. The Customer remains entitled to prove that no damage at all has accrued to the Hotel, or that such damage is substantially lower than the amount demanded hereunder.

6. Changes in Number of Participants and Time of Event
6.1    When booking the planned event, the Customer is obligated to indicate to the Hotel the expected number of participants. The Customer shall communicate to the Hotel the exact number of participants with a tolerance of +/- 5 persons in case of bookings
- of 10 up to 50 persons, 21 days
- of 51 up to 100 persons, 28 days
- of 101 up to 250 persons, 35 days
- of 251 persons and above, 42 days
    ahead of the beginning of the event.

6.2    An increase of the number of participants communicated to the Hotel under para. 6 above by more than 5% shall be communicated to the Hotel no later than five working days before the beginning of the event; the Hotel must give its consent, preferably in written form. The invoice will be based on the actual number of participants, however no less than 95% of the agreed higher number of participants. If the actual number of participants is lower, the Customer has the right to reduce the agreed price by the expenses saved - to be proven by him - due to the lower number of participants.

6.3    A reduction in the number of participants of more than 5% should be communicated to the Hotel at an early stage, however no later than five working days prior to the beginning of the event. The invoice will be based on the actual number of participants, however no less than 95% of the higher number of participants as last agreed. Para. 6.2, sentence 3, shall apply mutatis mutandis.

6.4    If the number of participants is increased or reduced by more than 10%, the Hotel shall be entitled to exchange the confirmed rooms against other rooms, taking into account possible differences in the room rent) unless the Customer cannot be expected to accept this.

6.5    If the agreed beginning or end times change and if the Hotel agrees to such modifications, the Hotel may adequately charge the Customer for the added cost of stand-by service, unless the Hotel is at fault. If no other agreement has been made, the Hotel may impose a supplementary charge based on the agreed number of participants of 1.50 € including V.A.T. per participant and hour.

7. Bringing In and Taking Out of Food and Beverages
The Customer must not, as a matter of principle, bring food or beverages to events. Any exceptions require agreement with the Hotel. In such cases, a contribution to cover overhead expenses will be charged. The Hotel accepts no liability for any damages to participants' health due to the consumption of food and beverages taken out.

8. Technical Facilities and Connections; Official Permits
8.1    To the extent that the Hotel obtains from third parties technical and other facilities or equipment for the Customer at the Customer’s request, it does so on behalf, with the authorization and for the account of the Customer. The Customer is liable for the careful handling and proper return of the equipment. The Customer shall indemnify the Hotel against any and all third party's claims arising from putting facilities or equipment at the Customer's disposal.

8.2    The Hotel's consent is required for the use of any of the Customers electrical installations on the Hotel's electrical circuit. The Customer shall be liable for any malfunctions of, or damage to, the Hotel’s technical facilities caused by using such equipment, to the extent that the Hotel is not at fault. The Hotel may assess and charge as a flat amount any electricity costs incurred through such usage.

8.3    With the Hotel's consent, the Customer is entitled to use his own telephone, fax, and data transfer equipment. The Hotel may charge a connection fee.

8.4    If suitable hotel equipment remains unused because the Customer’s own equipment is connected, a loss of revenue charge may be applied.

8.5    Any malfunctions of technical or other equipment provided by the Hotel will be remedied promptly whenever possible. To the extent that the hotel was not responsible for such malfunctions, payment may not be withheld or reduced.

8.6    The Customer shall obtain, in due time and at his own cost, such authorizations or permits by public authorities as are required for the event. The Customer is obligated to observe, in respect of the event, any applicable provisions and terms of public law, such as, especially, those of noise and youth protection and, where applicable, health and safety and employment protection, as well as relating to intellectual property rights.

9. Loss of or Damage to Property Brought In
9.1 The Customer shall bear the risk of damage to, or loss of, objects on exhibit or other items, including personal property, brought into the event rooms/the Hotel. The Hotel assumes no liability for loss or destruction of, or damage to, such objects, neither shall the Hotel be liable for property damages, save for cases of gross negligence or intent of the part of the Hotel. This does not encompass any cases of damage caused to life, limb or physical health, nor any cases where, due to the circumstances of the individual case, safekeeping constitutes an obligation typical of the contract.

9.2 Decorations brought into the Hotel must comply with the technical requirements of fire protection. The Hotel is entitled to demand official proof of compliance. Should such proof not be given, the Hotel is entitled to remove at the cost of the Customer materials already brought in, or prohibit the installation thereof. In view of possible damage, the placement or installation of objects requires prior approval of the Hotel.

9.3 Exhibition and other items brought into the Hotel must be removed immediately after the end of the event. If the Customer fails to do so, the Hotel may remove and store such items at the Customer's expense. If the objects remain in the event room or space, the Hotel may charge an adequate compensation for use for the period of time during which the room or space is withheld.

9.4 Any items left behind by the Customer will only be forwarded at the Customer's request, risk and expense. If any identifiable value exists, the Hotel shall notify the Customer, and keep the items for three months from the sending date of the notification to the Customer; thereafter, the items will be handed over to the local lost and found service. To the extent that no identifiable value exists, the Hotel reserves the right to destroy the items after expiry of the deadline.

9.5 The Hotel is liable to the Customer for property brought into the Hotel in accordance with the statutory provisions. The Hotel recommends the use of the hotel safe. If the Customer wishes to bring with him money, securities, stocks, bonds or valuables with a value of more than 800 € or other objects with a value of more than 3,500 €, this shall require the conclusion of a separate safekeeping agreement with the Hotel.

9.6 Any packaging material which accrues in connection with deliveries to the event by the Customer or by third parties must be disposed of by the Customer before or after the event. Should the Customer leave any packaging material in the Hotel, the Hotel is entitled to disposal at the Customer's expense.

10. Customer’s Liability for Damage
10.1 If the Customer is an entrepreneur for the purposes of sec. 14 BGB, he shall be liable for any and all damages to buildings or inventory caused by participants in, or visitors of, the event, employees, other third parties associated with the Customer or the Customer himself.

10.2 The Hotel may require the Customer to provide a reasonable surety, such as a credit card guarantee.

11. Final Provisions
11.1 Any amendments and supplements to the Contract, to the acceptance of offers or these General Business Conditions should be made in text form. To the extent that the Customer is not a consumer, they require the written form to be valid. Any amendments or supplements made unilaterally by the Customer shall be invalid.

11.2 If the Customer is a business person for the purposes of the German Commercial Code (Handelsgesetzbuch - HGB -), a legal entity under public law or a separate public estate, the following shall apply: The place of performance and payment as well as, in the event of litigation including disputes relating to cheques and bills of exchange, the exclusive place of litigation is at Berlin-Spandau. If the Customer is not eligible for a domestic general place of jurisdiction, the courts competent for Berlin-Spandau shall have jurisdiction.

11.3 The Event Contract shall be exclusively governed by German substantive law.

11.4 Should any individual provisions of these General Business Conditions be or become invalid or void, the validity of the remaining provisions shall remain unaffected. For the rest, the statutory provisions shall apply.