Article 1: Scope

1. These General Terms & Conditions of Business (GTC) apply to all services provided by Hotel Edinburgh Hotels and/or its respective foreign subsidiaries (hereinafter referred to as “Hotel Edinburgh”) to guests, event organisers and other contract partners (hereinafter referred to as the “contract partner”). These services consist, in particular, of allowing the use against payment of hotel bedrooms and other rooms for e.g. seminars, meetings, presentations, conferences, banquets and other events, the sale of food and beverages (F&B), the organisation of cultural and sporting events and other programmes, the provision of special health promotion measures and comparable special offerings, as well as all further supplies and services of Hotel Edinburgh associated therewith. Hotel Edinburgh is entitled to have its services performed by third parties.

2. These GTC apply to all forms of contract, such as hotel accommodation, package tour, quota or event contracts concluded with Hotel Edinburgh. The GTC shall also apply to all future business with the contract partner.

3. The GTC of the contract partner shall not apply even where Hotel Edinburgh fails to expressly reject these. Counter-confirmations of the contract partner making reference to its GTC are hereby rejected.

Article 2: Conclusion of contract

1. In principle, the relevant contract comes into existence following a verbal or written request by the contract partner and on acceptance by Hotel Edinburgh. Hotel Edinburgh shall be free to accept the request in writing, verbally, in text form (email, fax) or de facto by providing the service.

2. Where the contract partner concludes a so-called quota contract, the contract partner shall be liable for all damage culpably caused by the end user.

3. Sub or further letting, or the unpaid use by third parties of the rooms provided, as well as uses for purposes other than accommodation, shall only be permitted if Hotel Edinburgh has given its express permission. On request Hotel Edinburgh may, at its discretion, grant an exception in writing.

Article 3: Use, handover of rooms and check-out

1. Rooms are made available exclusively for the purposes of accommodation.

2. The contract partner shall be liable to Hotel Edinburgh for all damage caused by it or by third parties who have received services by Hotel Edinburgh on its instigation.

3. The contract partner shall have no right to use of particular rooms. If rooms should not be available in the hotel, Hotel Edinburgh shall inform the contract partner of this immediately and offer the contract party substitute rooms of equivalent value in a nearby hotel of the same category. If the contract partner declines this offer, Hotel Edinburgh must immediately refund payments made by the contract partner.

4. Booked rooms shall be available to the contract partner from 2 pm on the day of arrival. If no agreement to the contrary is reached, Hotel Edinburgh shall be entitled to let booked rooms to other parties from 6 pm without the contract partner being able to derive any rights or claims thereby.

5. Rooms must be vacated by no later than 12 pm on the day of departure. After this, in addition to any losses incurred as a result of the room not being vacated, Hotel Edinburgh may charge the daytime room rate for additional use until 4 pm, and for use after 4 pm, 100% of the full price of the accommodation (list price).

Article 4: Events

1. To facilitate due preparation by Hotel Edinburgh, the contract partner must notify Hotel Edinburgh of the final number of participants no late than three days prior to the beginning of the event. Insofar as the contract partner thereby notifies a higher number of participants than agreed, such higher number of participants shall only be included in the contract if Hotel Edinburgh agrees to this in writing. If Hotel Edinburgh does not agree in writing, the contract partner shall not be entitled to conduct the event with a higher number of participants. If Hotel Edinburgh does agree, the charges shall be based on the new agreement (where applicable with additional expenses). The contract partner shall have no right to consent by Hotel Edinburgh. The charges shall be based on the contractual agreements irrespective of the number of participants notified to Hotel Edinburgh. Should fewer participants actually attend the event, this shall be irrelevant in respect of the charges.

2. Where the agreed time of commencement of an event is moved, Hotel Edinburgh shall be entitled to invoice the contract partner for all additional costs thereby incurred.

3. Reserved rooms shall be available to the contract partner only within the period of time agreed in writing; use beyond those times requires the written permission of Hotel Edinburgh which will in principle only be granted on payment of additional charges. Hotel Edinburgh reserves the right to make room changes insofar as these are reasonable for the contract partner taking Hotel Edinburgh’s interests into consideration.

4. For events which go on beyond midnight, Hotel Edinburgh shall be entitled to invoice € 50.00 plus VAT per service employee booked for each hour or part thereof. The contract partner shall be liable to Hotel Edinburgh for additional services provided to the participants in the event or to third parties in connection with the event.

5. If nothing to the contrary is expressly agreed in writing, the contract partner shall obtain all official permits at its own expense. The contract partner is responsible for complying with all relevant requirements of (administrative) law. The contract partner shall pay any levies payable to third parties for the event, such as GEMA fees, entertainment tax etc., directly to the creditor concerned without delay.

6. The contract partner shall be liable for the conduct of its employees, the participants at the event and also for any other auxiliary staff in the same way as for its own conduct. The hotel may demand provision of appropriate security from the contract partner (e.g. insurance, deposits, guarantees).

7. To prevent damage, the affixing and installation of decorative material or other items must be agreed with Hotel Edinburgh in advance. Exhibits and other objects brought in must be removed at the end of the event. Should the contract partner fail to comply with this provision, Hotel Edinburgh shall be entitled to have them removed and stored at the contract partner’s expense. The contract partner shall dispose of all transport packaging, outer packaging and all other packaging materials at its own expense. Should the contract partner leave packaging behind after the end of the event, this may be disposed of at the contract partner’s expense. All items such as decorative material brought in in connection with the event must meet all relevant statutory requirements.

8. Hotel Edinburgh is not insured for items brought in. Arranging the requisite insurance is exclusively a matter for the contract partner.

9. Wherever Hotel Edinburgh is able to do so, faults or defects on equipment provided by Hotel Edinburgh will be repaired. The contract partner cannot derive any rights in this respect.

10. Where the contract partner brings in its own electrical equipment, the hotel management must give its permission before such equipment is connected to the electricity network. The power consumed will be invoiced at the currently valid electricity prices as charged to Hotel Edinburgh by the power supplier. Hotel Edinburgh shall be free to charge a flat rate fee at its discretion. Any faults or defects in Hotel Edinburgh’s technical equipment caused by such connection shall be for the account of the contract partner.

11. Where Hotel Edinburgh procures technical or other equipment for the contract partner from third parties, Hotel Edinburgh acts in the name of and for the account of the contract partner. The latter shall be liable for the careful handling and orderly return of such equipment and shall indemnify Hotel Edinburgh against all claims by third parties on first written demand. Hotel Edinburgh shall not be liable for failure to procure the equipment on time or for any defects in the equipment procured.

12. In principle, the contract partner may not bring food and beverages to events. Written agreement may be reached in special cases (e.g. national specialities etc.); in such cases, an overhead charge will be billed with deduction of the proportional cost of the goods.

13. Newspaper advertisements containing invitations to job interviews and/or sales events in principle require prior written permission from Hotel Edinburgh. Should publication take place without permission, Hotel Edinburgh shall have the right to cancel the event.

14. Any form of advertising, information or invitations which create a link to the hotel, especially by use of the hotel’s name, require the prior written consent of the hotel.

Article 5: Provision of services, prices, payments, offsetting and assignment

1. The prices for the relevant services are based on the Hotel Edinburgh price list applicable at the time the service is provided. All prices are quoted inclusive of value added tax at the statutory rate in force at the time. Prices do not include local taxes, charges i.e. tourist tax, additional culture fee and similar more. Contract partner bears the mentioned public dues. These amounts will be invoiced separately. Increases in value added tax shall be borne by the contract partner. If the period between conclusion of contract and initial provision of services exceeds 120 days, Hotel Edinburgh shall be entitled to increase prices by a maximum of 15%. Subsequent alterations to services may lead to changes in prices. Hotel Edinburgh is entitled to request an advance payment or provision of security from the contract partner on conclusion of contract of up to 100% of the total amount due by the contract partner. The amount of the advance payment and payment dates may be specified in the contract.

2. Where the contract partner has booked within a period in which a trade fair, major event or the like is taking place and the timing of such event is changed after conclusion of contract for reasons beyond Hotel Edinburgh’s control, the contract shall apply to the new period of time if Hotel Edinburgh is able to provide the agreed services at that time. Hotel Edinburgh shall inform its contract partner.