General Terms and Conditions for events in the youth hostels and conference centres of the Diocese of Rottenburg-Stuttgart
I: Scope
The General Terms and Conditions apply to contracts for the hiring of conference, banqueting and function rooms in the youth hostels and conference centres and to all deliveries and services provided in connection with these events and their implementation.
They also apply to all additional rooms, display cabinets, wall surfaces and other surfaces, and also to spaces in areas used for events connected to the youth hostel or conference centre.
The General Terms and Conditions of the event organiser apply only if this has been expressly agreed in advance in writing.
II. Conclusion of the contract, parties to the contract, liability
The contract with the event organiser is concluded by way of the reservation confirmation from the youth hostel/conference centre concerning the reservation of rooms and areas, catering, and deliveries and services.
If the ordering party is not the event organiser, or if the services of a commercial agent or organiser are engaged, then the event organiser is liable, together with the ordering party, jointly and severally for all obligations arising from the contract, insofar as the youth hostel/conference centre is in possession of a corresponding declaration from the event organiser.
The youth hostel/conference centre is liable for its obligations arising from the contract. Claims by the event organiser for compensation are excluded. Exceptions to this are: damage from injury to life, limb or health, if the youth hostel/conference centre is responsible for the breach of duty, other damage which is the result of a wilful or grossly negligent breach of duty by the youth hostel/conference centre, and damage based on a wilful or negligent breach by the youth hostel/conference centre of duties typical for the contract.
A breach of duty by a legal representative or vicarious agent is equivalent to such a breach by the youth hostel/conference centre. Should there be any disruptions or defects concerning the services provided by the youth hostel/conference centre, the latter shall, upon gaining knowledge of the fact or in response to an immediate complaint by the event organiser, endeavour to remedy the problem.
The event organiser is required to do whatever can be reasonably expected to help the disruption to be remedied, and to keep any potential damage to a minimum. In addition, the event organiser is required to alert the youth hostel/conference centre in good time to the possibility of an unusually high degree of damage developing.
III. Services, prices, payment, events after 11pm, offsetting
The youth hostel/conference centre is obliged to provide the service ordered by the event organiser and promised by the youth hostel/conference centre.
For these services and any further services which it makes use of, the event organiser is obliged to pay the agreed or applicable prices of the youth hostel/conference centre. This also applies to services arranged by the event organiser and expenditure of the youth hostel/conference centre in relation to third parties, in particular, also for claims by copyright fee collection organisation. The agreed prices include the respective statutory VAT.
Any increase in the VAT after conclusion of the contract shall be borne by the event organiser. If there are more than 120 days between the conclusion of the contract and the event, then the youth hostel/conference centre reserves the right to change the price.
For events taking place after 11pm of the day of the event, an additional €32.00 will be charged per hour or part thereof and per service employee.
All invoices for youth hostels/conference centres must be paid in full immediately upon receipt.
The event organiser may only offset a claim by the youth hostel/conference centre with a claim that is undisputed or legally binding.
IV. Notification of the final number of participants, costs in the event of cancellation/reduction by the event organiser
The event organiser must notify the youth hostel/conference centre of the final number of participants 14 days before the event in order to ensure careful preparation.
Costs to be borne by the event organiser in the event of cancellation/reduction of services where a flat rate has been agreed for the conference or seminar:
- Cancellation/Reduction on the day of arrival: 80% of the fee for the booked services will be charged
- Cancellation/Reduction 1 to 14 calendar days before the event: 66% of the fee for the booked services will be charged
- Cancellation/Reduction 15 to 21 calendar days before the event: 33% of the fee for the booked services will be charged
- Cancellation/Reduction up to 22 calendar days before the event: 20% of the fee for the booked services will be charged
- Cancellation/Reduction 3 months before the event: free of charge.
Changes or cancellations must, as a basic principle, be notified in writing.
Costs to be borne by the event organiser in the event of cancellation/reduction of the services in other cases:
If a date for the free-of-charge withdrawal from the contract/free cancellation has been agreed in writing between the youth hostel/conference centre and the event organiser, then the event organiser may, until then, withdraw from or cancel the contract free of charge.
Otherwise, it must in each case pay the contractually agreed room hire fee and also any services arranged with third parties if it does not make use of the contractual services and hiring out to another party is no longer possible.
If the cancellation/reduction of the number of participants by the event organiser does not occur until between the 8th and 4th week prior to the event date, then the youth hostel/conference centre is entitled to charge for 35% of the missed turnover for meals in addition to the agreed rental price, and for any subsequent cancellation, 70% of the turnover for meals.
Calculation of the turnover for meals is performed using the following formula:
agreed food/menu price x number of participants.
The deduction of savings made on expenditure is taken into account in Nos. 2 and 3.
The event organiser is free to provide proof that the a claim in accordance with the above-mentioned numbers 2 and/or 3 has not arisen for the youth hostel/conference centre or has not arisen to the degree demanded.
V. Withdrawal from the contract by the youth hostel/conference centre
If it has been agreed in writing that the event organiser may withdraw from the contract free of charge within a certain period of time, the youth hostel/conference centre is entitled, for its part, to withdraw from the contract within this period of time if there are enquiries from other event organisers for the contractually booked function rooms and the organiser, when asked by the youth hostel/conference centre, does not waive his right to withdraw.
In addition, the youth hostel/conference centre is entitled to extraordinary withdrawal from the contract for an objectively justified reason, if for example
– force majeure, or other circumstances that are not the responsibility of the youth hostel/conference centre make it impossible to fulfil the contract;
– events or rooms are booked giving – culpably – misleading or incorrect facts essential to the contract, e. g. regarding the event organiser or the purpose of the event;
– the youth hostel/conference centre has a justified reason for assuming that the event may endanger the smooth running of the business, the security or the image of the youth hostel/conference centre in public, without the cause lying within the sphere of control and organisation of the youth hostel/conference centre;
– the purpose of or reason for the event is illegal;
– there has been an infringement of Clause I No. 2.
In the event of the justified withdrawal from the contract by the youth hostel/conference centre, the event organiser is not entitled to claim compensation.
VI. Bringing along food and drink
As a general principle, the event organiser is not allowed to bring its own food and drink to events. Any exceptions must be agreed in writing with the youth hostel/conference centre.
In these cases, a contribution is charged to cover the overheads.
If food is brought along, the youth hostel/conference centre reserves the right to keep samples of it.
VII. Technical facilities and connections
If the youth hostel/conference centre obtains technical and other facilities from third parties for the event organiser at their instigation, then it is acting on behalf of, by the authority of and at the cost of the event organiser.
The organiser is liable for taking good care of such facilities and for their proper return. It shall release the youth hostel/conference centre from all claims by third parties arising from the hiring of these facilities.
Operation of the event organiser’s own electrical equipment using the electricity network belonging to the youth hostel/conference centre requires the latter’s agreement in writing. Faults or damage to the technical facilities of the youth hostel/conference centre arising from the use of this equipment shall be charged to the event organiser, provided that the youth hostel/conference centre is not responsible for these. The electricity costs arising from operation may be recorded and charged for as a flat rate by the youth hostel/conference centre.
The event organiser is entitled, with the agreement of the youth hostel/conference centre, to use its own telephone, fax and data transmission facilities. The youth hostel/conference centre is allowed to demand a connection fee for this.
If, due to the event organiser’s equipment being connected, suitable equipment belonging to the youth hostel/conference centre is unused, then a fee may be charged to compensate for this lack of use.
Faults with technical or other facilities provided by the youth hostel/conference centre are to be rectified immediately wherever possible.
Payments may not be withheld or reduced if the youth hostel/conference centre is not responsible for these faults.
VIII. Loss or damage to items brought to the venue
Exhibition items, or other objects including personal items which are brought along, are kept in the function rooms and/or in the youth hostel/conference centre at the event organiser’s own risk.
The youth hostel/conference centre does not assume any liability for loss, ruin or damage, likewise not for financial losses, except in the case of gross negligence or intent on the part of the youth hostel/conference centre. Exceptions to this are incidents of damage resulting from injuries to life, limb or health. In addition, all cases in which safekeeping represents a duty typical for the contract, owing to the circumstances of the individual case, are exceptions to this exemption from liability.
Decorative material which has been brought along must comply with fire safety requirements. The youth hostel/conference centre is entitled to demand a certificate from the authorities to this effect.
If no such certificate is provided, then the youth hostel/conference centre is entitled to remove material that has already been brought along at the cost of the event organiser.
Because of the possibility of damage, the set-up and removal of objects must be agreed in advance with the youth hostel/conference centre.
Objects that have been brought along, or other objects, must be removed immediately after the end of the event. If the event organiser fails to do this, then the youth hostel/conference centre may carry out the removal and storage at the cost of the event organiser.
If the objects remain in the function room, then the youth hostel/conference centre may charge a reasonable use payment. The event organiser is free to prove that the claim named above has not arisen, or not to the extent being demanded.
IX. Liability of the event organiser for damage
If the event organiser is a business, it shall be liable for all damage to buildings and/or fixtures and fittings that has been caused by event participants and/or visitors, employees, other third parties within its sphere of control, or by itself.
The youth hostel/conference centre can demand appropriate guarantees (e. g. insurance, deposits, sureties) from the event organiser.
X. Final provisions
Amendments and additions to the contract, to the booking order acceptance/confirmation of reservation, or to these General Terms and Conditions should be made in writing. Unilateral changes or amendments by the event organiser are invalid.
The place of fulfilment and payment is the headquarters of the relevant youth hostel/conference centre.
The sole place of jurisdiction – also for disputes relating to cheques and bills of exchange – is, in commercial dealings, the place of business of the respective youth hostel/conference centre.
German law applies.
Should individual provisions of these General Terms and Conditions be invalid or void, this does not affect the validity of the remaining provisions. Apart from this, the statutory provisions apply.
Last updated: 10/2018