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General Conditions

Scope of application

1. These General Terms and Conditions of Business apply to all contracts and agreements entered into with Charly’s Leipzig (hereinafter “Hotel”). General terms and conditions of business other than those of the Hotel will not become part of the content of this agreement, even if the Hotel does not expressly object thereto.
2. Subletting or subleasing the rooms and conference spaces provided or renting them out to others requires the Hotel’s prior written consent, as does using these spaces for any purposes other than as customary or agreed.

Entry into the agreement

1. The accommodation agreement comes into existence upon the Hotel’s acceptance of the customer’s reservation.
2. Agreements regarding rental of conference spaces and those concerning further services for implementation of events come into existence upon the customer’s return of the signed quote within the validity period stated therein.
3. Quotes that do not contain a specific validity deadline are non-binding, and there is no claim to a reservation.
4. The parties to the agreement are the Hotel and the customer. If a third party has acted on the customer’s behalf, such third party and the customer are jointly and severally liable toward the Hotel for all obligations arising out of the agreement.

Services, prices, payment, setoff

1. The Hotel is obligated to provide the rooms and conference spaces booked by the customer and to perform the agreed services.
2. The customer is obligated to pay the agreed prices to the Hotel for the rental of the premises and the further services that have been booked. This also applies to additional services occasioned by the customer on site and to expenditures made by the Hotel to third parties.
3. The agreed prices include value-added tax (VAT) at the applicable statutory rate unless noted otherwise. VAT may change by law without prior notice. In this case, the prices will be adjusted accordingly.
4. The Hotel is moreover permitted to adjust the prices if the customer requests subsequent changes in the number of rooms booked, the number of guests attending an event, the services provided by the Hotel, or the duration of the guests’ stay and the Hotel consents thereto.
5. Invoices issued by the Hotel are due and payable within 14 days after receipt. The Hotel is entitled to declare claims that are overdue due and payable at any time and to demand that payment be rendered without delay. In the event of delay or default in payment, the Hotel is entitled to charge default interest.
6. The Hotel is entitled to demand that a reasonable advance payment be made or reasonable security provided when the agreement is entered into or thereafter. The amount of the advance payment and the payment terms will be stipulated in the agreement.
7. The customer cannot offset claims of the customer’s own against claims of the Hotel, reduce payment, or assert a right to withhold payment, except with regard to claims of the customer that are undisputed or have been established with final, binding legal force.

Guarantee for individual room reservation

1. Reservations with an arrival time after 7:00 p.m. must be guaranteed for late arrival. A guaranteed reservation will be maintained until 12:00 p.m. on the day after the arrival day.
2. A valid credit card or written guarantee confirmation from the company (for group reservations only) is accepted as a guarantee.

Cancellations and no-shows

Cancellations of individual reservations are accepted online only. Cancellations of group reservations must be made in written form and require the Hotel’s written consent. If this does not take place, the price agreed in the agreement must be paid even if the customer does not make use of contractually agreed services. This does not apply in cases of default of performance of services by the Hotel or in the event that the Hotel is unable to perform services for a reason for which the Hotel itself is responsible.

Individual room reservations (individual reservations):

1. Individual reservations can be cancelled at no charge anytime up until 7:00 p.m. on the arrival day. A cancellation fee in the amount of 90% of the rate for the first night’s stay will be charged for any cancellations after 7:00 p.m.
2. In the event of a no-show, the Hotel will charge a fee in the amount of 90% of the rate for the first night’s stay. In case of a no-show, any further nights will be cancelled automatically at 12:00 p.m. on the day after the arrival day.
3. Early booking rate: This rate is subject to special terms and conditions. Prepayment of 100% of the charges for the services booked is required when the reservation is made and will be charged to the credit card provided. Free cancellation of the reservation is not possible. In the event of cancellation, the prepayment made will be retained in full as the cancellation fee. Changes in the reservation dates are also not possible. The original reservation can be cancelled on the above terms and conditions and a new reservation can be made on the terms and conditions and at the rates that apply that day.

Event reservations, group reservations:

1. If a deadline for cancellations has been agreed in writing between the customer and the Hotel, the customer is permitted to rescind the agreement up until then without triggering any claims to payment or claims for damages on the Hotel’s part. The customer’s right of rescission will lapse if the customer does not exercise it in writing by the agreed deadline.
2. The cancellation fees set out in the specific agreement apply to cancellations after the contractually agreed deadline.

Rescission by the Hotel

If the agreement provides for a down payment and the other party to the agreement does not make the payment on time, the Hotel is entitled to rescind the agreement.
The Hotel reserves the right to check credit cards and perform pre-authorizations. If a card is not valid, the customer will be notified and given 48 hours to submit a valid card. If this does not take place within this time limit, the Hotel reserves the right to cancel the reservation.
Furthermore, the Hotel is entitled to rescind the agreement by way of extraordinary termination for objectively justified reasons, for example if

• force majeure or other circumstances for which the Hotel is not responsible render the fulfillment of the agreement impossible;
• rooms or conference spaces are booked with misleading or false information on material facts, such as the identity of the customer or the intended purpose,
• the Hotel has legitimate reason to believe that utilizing the Hotel’s services may jeopardize the smooth operation of the business, the safety of the Hotel or its public image, without this being attributable to the Hotel’s sphere of organizational activity,
• there is a breach of the second paragraph of the section above titled “Scope of application.”

The Hotel is required to notify the other party to the agreement of the exercise of the right of rescission without delay and to refund the consideration paid by the other party, less any advance services already provided.
The other party to the agreement has no claim to payment of damages against the Hotel except in cases of intentional or grossly negligent conduct on the part of the Hotel itself or any of its statutory representatives or agents in the performance of its contractual obligations.

Provision, delivery and return of rooms and conference spaces

1. The customer has no claim to being provided with specific rooms.
2. Reserved rooms are available to the other party to the agreement starting at 3:00 p.m. on the arrival day and must be vacated by 12:00 p.m. on the day of departure.
3. Reserved conference spaces are available to the other party to the agreement for the contractually agreed period. The Hotel is entitled to charge additional fees if the reserved rooms and other spaces are not vacated on time.
4. If the event organizer reduces the originally confirmed number of participants in an event by more than 10%, the Hotel reserves the right to hold the event in an event space other than the one originally confirmed, provided that such space is appropriate for the size of the event.

Provision of substitute accommodations

1. The Hotel is permitted to provide the other party to the agreement or the guest, as the case may be, with appropriate substitute accommodations of the same quality if so doing is reasonable, particularly if the deviation is minor and objectively justified.
2. Objective justification is deemed to exist, for example, if the room has become unusable, guests who are already staying there extend their stay, the Hotel is overbooked, or other important measures having to do with business administration necessitate this step.
3. Any additional expenses associated with the substitute accommodations shall be at the Hotel’s expense.

Liability

The other party to the agreement is liable vis-à-vis the Hotel for any and all damage caused by such party or the guest or other persons who utilize or accept the services of the Hotel with the knowledge or intent of the other party to the agreement.

Miscellaneous

1. Pets are allowed throughout the Hotel.
2. Smoking is prohibited in all indoor spaces at the Hotel. Designated smoking areas equipped with ashtrays are located outdoors on the Hotel grounds. These smoking areas are the only places where smoking is permitted.
3. All guests are obligated to fill out a form to register with the local authorities upon arrival. This is required under German law.
4. Upon arrival, the guest is obligated to pay the full amount of the bill by credit card in advance. (Exception: the company assumes the full bill for the guest and confirms this in written form). No cash payments are accepted.
5. The following payment methods are accepted: American Express, Visa, MasterCard and EC/Maestro card.

Final provisions

Amendments or addenda to the agreement or these Terms and Conditions of Business must be made in writing. Unilateral amendments or addenda by the customer are invalid.
The place of performance is Leipzig. The place of jurisdiction is Leipzig. German law applies.
Should individual provisions of these General Terms and Conditions of Business be or become invalid or null and void, the validity of the remaining provisions hereof shall be unaffected thereby. The statutory provisions apply in all other respects.

Leipzig, 14.08.2019