General Terms and Conditions for Events

General Terms and Conditions for Events for the Swiss hotels of the Essential by Dorint and Dorint Hotels & Resorts brands

I. Scope of application

1. These Terms and Conditions apply to contracts for the rental of conference, banquet and event rooms of the respective "Dorint" hotel or "Essential by Dorint" hotels in Switzerland for the organization of events such as banquets, seminars, conferences, etc. as well as for all other related services and deliveries (hereinafter uniformly referred to as "Services") of the hotel (hereinafter referred to as "Hotel"), whereby Hotel here means all "Essential by Dorint" and "Dorint" hotels located in Switzerland irrespective of the person of the operator (hereinafter each of them referred to as "Hotel"). Operators in this sense may be Essential by Dorint GmbH (AG Köln, HRB 98777), Dorint Hotels Betriebs GmbH (AG Köln, HRB 119364), or 5HALLS HOMMAGE HOTELS GmbH (AG Köln, HRB 98776), a company affiliated with them in accordance with § 15 AktG, a licensee of the aforementioned or a third party whose hotel operation is managed by one of the aforementioned operators for the account of a third party.
2. The subletting or re-letting of the rooms, areas or showcases provided and invitations to job interviews, sales or similar events require the prior consent of the hotel in text form.
3. The customer's terms and conditions shall only apply if this has been expressly agreed in advance in text form.
4. Customers within the meaning of these terms and conditions are both consumers and entrepreneurs within the meaning of the law.

II Conclusion of contract, partners; liability

1. The contract is concluded upon acceptance of the customer's application by the hotel. If the hotel makes the customer a binding offer, the contract is concluded when the customer accepts the hotel's offer. In both cases, the hotel is free to confirm the contractual agreement in writing. Confirmation by e-mail shall be deemed written confirmation. In the case of bookings via the Internet, the contract is concluded by clicking on the button "BUY WITH PAYMENT".
2. The contractual partners are the hotel and the customer. If a third party has ordered on behalf of the customer, the customer shall be liable to the hotel together with the third party as joint and several debtor for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
3. The hotel shall only be liable for all statutory and contractual claims in the event of intentional or grossly negligent conduct. The hotel shall not be liable for consequential or indirect damages. Exclusions and limitations of liability apply in the same way to a legal representative or vicarious agent. Should disruptions or defects occur in the hotel's services, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to do what can reasonably be expected of him to remedy the disruption and minimize any possible damage, as well as to notify the hotel immediately of any disruptions or damage.

III Services, prices, payments, invoicing

1. The hotel is obliged to provide the services ordered by the customer and promised by the hotel.
2. The customer is obliged to pay the agreed or the hotel's usual prices for these and other services used. This also applies to services and expenses of the hotel to third parties arranged by the customer, in particular also to claims of copyright collecting societies.
3. The agreed prices include the respective statutory value added tax.
4. Hotel invoices without a due date are payable in full within 10 calendar days of receipt of the invoice. The hotel is entitled to declare accrued receivables due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to charge a fee of CHF 5 per reminder in addition to the statutory default interest of 5%. The hotel reserves the right to prove and claim higher damages.
5. The hotel is entitled to demand an appropriate advance payment or security deposit upon conclusion of the contract or thereafter. The amount of the advance payment and the payment dates must be agreed in writing or are based on the corresponding information on the hotel's website.
6. The customer may only offset an undisputed or legally enforceable claim against a claim of the hotel.
7. The customer agrees that the invoice may be sent to him electronically.

IV. Withdrawal by the customer (cancellation) / non-utilization of the hotel's services (no show)

1. The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract or in these GTC, if another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as any consent to a contract termination must be made in text form.
2. If the hotel and the customer have agreed on a date for a cost-free withdrawal from the contract, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer's right of withdrawal expires if he does not exercise his right of withdrawal vis-à-vis the hotel by the agreed date.
3. If a right of withdrawal has not been agreed or has already expired, if there is no statutory right of withdrawal or termination and if the hotel does not agree to the cancellation of the contract, the hotel shall retain the claim to the agreed remuneration despite non-utilization of the service. The hotel must offset the income from renting the rooms to other parties as well as the expenses saved. The expenses saved in each case can be offset in accordance with sentence 2 - and in the case of events with overnight stays in accordance with Section IV No. 3 sentence 3 AGBH (AGB Hotelaufnahme) in deviation from the flat-rate saved expenses from Section IV No. 3 sentence 4 AGBH specified in the AGBH - in accordance with the following scales.
4. Cancellation options free of charge Customer* (proportion of the agreed total volume):

...

• The scale can only be applied once. The respective number of persons/RN refers to the actual group size and is not an addition of the event days. E.g. 100 people on 3 days fall into the 100 pax/RN cancellation group and not the group for 300 pax/RN. If different numbers of persons are booked on different event days, the higher number of persons is decisive. The same applies if the number of rooms and conference participants are different. The percentages apply accordingly to other event-related services such as room rental, additional food and beverages or booked workshops. If the agreed minimum turnover, which is made up of a conference package, additional drinks or conference technology, is not reached, the difference to the agreed minimum turnover will be charged as room rental. In the event of a complete cancellation and thus failure to achieve the minimum turnover, the latter will be invoiced in accordance with the above table. The portions of the total volume that can be canceled free of charge correspond to the flat-rate expenses saved, so that the remaining volume that can no longer be canceled free of charge will be charged to the customer.

1. The customer is at liberty to prove that the claim did not arise or did not arise in the amount claimed. The hotel is at liberty to prove that a higher claim has arisen.

V. Cancellation by the hotel

1. If it has been agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is also entitled to withdraw from the contract free of charge during this period if there are inquiries from other customers regarding the contractually booked rooms/conference offers and the customer does not waive his right of withdrawal within 2 weeks upon inquiry by the hotel. If the guest fails to act within this period, the hotel is entitled to cancel the contract. This applies accordingly if an option is granted, if other inquiries are received and the customer is not prepared to make a firm booking after the hotel has set a deadline of 2 weeks.
2. If an agreed advance payment or an advance payment demanded in accordance with III. clause 5 is not made even after a reasonable grace period of 5 working days set by the hotel has expired, the hotel is also entitled to withdraw from the contract.
3. Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, in particular if ... - force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract; - events are culpably booked with misleading or false information regarding material facts (e.g. the identity of the customer or the purpose); - the hotel has reasonable grounds to believe that the event may jeopardize the smooth operation of the hotel, its security or public reputation without this being attributable to the hotel's sphere of control or organization; - there is a breach of I. Section 2; - the purpose or occasion of the event is unlawful; - the hotel has banned the guest from the hotel.
4. In the event of justified withdrawal by the hotel, the customer shall have no claim to compensation.

VI Changes to the number of participants, event time and seating arrangements

1. In the event of an upward deviation, the actual number of participants shall be charged.
2. If the number of participants deviates by more than 10% upwards or downwards, the hotel is unilaterally entitled to redetermine the agreed prices and to exchange the confirmed rooms, unless this is unreasonable for the customer in individual cases.
3. If the agreed start or end times of the event are postponed and the hotel agrees to these deviations, the hotel may charge a reasonable fee for its additional readiness to provide services, unless the hotel is at fault in this respect.
4. The contractually agreed seating arrangements may be changed free of charge up to 48 hours before the start of the event. After this time, the hotel reserves the right to demand compensation for the change, which can also be agreed verbally between the contracting parties.

VII Bringing food and beverages

The customer may not bring food and beverages to events. Exceptions require prior agreement in text form with the hotel. In such cases, a reasonable contribution to cover overheads will be charged.

VIII Technical facilities and connections

1. Insofar as the hotel procures technical or other facilities/equipment from third parties for the customer at the customer's request, it shall act in the name of, on behalf of and for the account of the customer. The customer is liable for the careful handling and proper return of the equipment. He shall indemnify the hotel comprehensively against all third-party claims arising from the provision of these facilities/equipment.
2. The use of the customer's own electrical equipment using the hotel's electricity network requires the hotel's prior consent in text form. Any faults or damage to the hotel's technical equipment caused by the use of such equipment shall be borne by the customer, unless the hotel is responsible for them. The hotel may record and charge a flat rate for the electricity costs arising from the use of such equipment.
3. The customer is entitled to use his own telephone, fax and data transmission equipment with the hotel's prior consent in text form. The hotel may charge a reasonable connection fee for this.
4. If suitable facilities/equipment of the hotel remain unused due to the connection of the customer's own equipment, a reasonable compensation for loss may be charged in this respect.
5. Faults in technical or other equipment provided by the hotel will be rectified immediately if possible. Payments may not be withheld or reduced insofar as the hotel is not responsible for these disruptions.

IX. Loss of or damage to items brought along

1. Any exhibition or other (including personal) items brought into the event rooms or the hotel are at the customer's own risk. The customer shall not be granted key authority. The hotel accepts no liability for loss, destruction or damage, except in cases of gross negligence or intent on the part of the hotel. Excluded from this are damages resulting from injury to life, limb or health. In addition, all cases in which safekeeping constitutes a typical contractual obligation (on which the customer may rely within the scope of the contract) due to the circumstances of the individual case are excluded from this exemption from liability. Any decoration material brought along must fully comply with the fire protection requirements. The hotel is entitled to demand official proof of this in advance. If such proof is not provided in good time, the hotel shall be entitled to remove any material already brought in at the customer's expense. Due to possible damage, the installation and attachment of objects must be agreed in detail with the hotel in advance.
2. Should the customer wish to send event equipment or materials to the hotel in advance, this requires the hotel's express consent. Depending on the type, duration and scope, the hotel reserves the right to charge a reasonable expense allowance for this, which the customer must agree to in advance. In all other respects, the provisions of Section 1 apply.
3. Any exhibits or 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 relocate the items at the customer's expense. If the items remain in the event room in breach of the contract, the hotel may charge a reasonable compensation for use for the duration of their retention. The customer is at liberty to prove that the above-mentioned claim did not arise or did not arise in the amount asserted. In addition, the hotel reserves the right to prove and assert higher damages.

X. Liability of the customer for damages

1. The customer is liable for all damage to the building or the hotel caused by event participants or visitors, employees, other third parties from his area or himself.
2. The hotel may at any time require the customer to provide appropriate security (e.g. insurance, deposits, guarantees, etc.).

XI Final provisions

1. Amendments or additions to the contract, the acceptance of the application or these General Terms and Conditions for the event contract must be made in text form. Unilateral amendments or additions by the customer are invalid.
2. The place of performance and payment is the registered office of the respective hotel. For private customers, the place of jurisdiction is determined by the applicable law. For business customers, the place of jurisdiction is the registered office of the respective hotel.
3. Swiss law is applicable.
4. Should individual provisions of these General Terms and Conditions for Events be or become invalid or void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions shall apply.

Status: September 2024