Terms & Conditions

I.General

1. Scope, conclusion of contract, legal clauses

These terms and conditions shall apply to contracts for the rental of conference rooms, banqueting rooms, function rooms and hotel rooms of GenoHotel GmbH, as well as to all other related services and facilities of GenoHotel GmbH. The address, representative relationships, register entry and tax number of GenoHotel GmbH are listed on the website of the respective location.
The customer's terms and conditions shall only apply if this has been expressly agreed in writing in advance.
The contract is deemed to have been concluded by way of the acceptance of the customer’s application by GenoHotel GmbH, which can be declared in text form. If a third party has placed an order on behalf of the customer, the third party shall be liable to GenoHotel GmbH together with the customer as joint and several debtors for all obligations arising from the contract.
Modifications or amendments to the contract, the acceptance of an application or these General Terms and Conditions shall only be valid if made in writing. This clause requiring written form may only be waived by written agreement.
The place of performance and payment is the respective booked location (i.e. Baunatal or Forsbach).
The legal venue for commercial transactions is Baunatal at the discretion of GenoHotel GmbH. This also applies in cases where the customer meets the requirements set out under Section 38 Para. 2 of the German Code of Civil Procedure (ZPO) and has no general legal venue in Germany.
German law shall apply. The application of the United Nations Convention on Contracts for the International Sales of Goods is excluded.
If any of the provisions of these General Terms and Conditions for Events become ineffective or void, this shall not affect the validity of the other provisions.

2. Liability

GenoHotel GmbH shall be liable for its obligations under the contract with the diligence of a prudent businessperson. No claims may be asserted by the customer for damages. Excluded from the above are such claims as are asserted in respect of damage to life, body or health where GenoHotel GmbH is responsible for the given breach of duty, as well as such claims attributable to wilful or grossly negligent breach of duty on the part of GenoHotel GmbH, and claims attributable to the wilful or negligent violation by GenoHotel GmbH of obligations typical of the contract concerned. A breach of duty committed by a legal representative or agent in performance shall be deemed equivalent to a breach of duty by GenoHotel GmbH.
GenoHotel GmbH shall act to remedy any problems or defects in respect of the services it provides as soon as it becomes aware of such problems or defects or upon immediate notification by the customer. The customer is obliged to do everything that can be reasonably expected of them to help remedy the problem and to minimise any possible damage.
The customer is obliged to draw the GenoHotel GmbH’s attention in good time to the possibility that an exceptionally high level of damage may be incurred.

3. Items brought along

Items brought along or delivered to events are located in the hotel and function rooms at the customer's risk. GenoHotel GmbH accepts no liability for loss, theft or damage, nor for financial losses, except in cases of gross negligence or intent on the part of GenoHotel GmbH. All cases in which safekeeping is a typical contractual obligation due to the circumstances of the individual case are excluded from this exemption from liability.
Decorative materials and other items brought in by the customer must comply with fire safety requirements and other official regulations. GenoHotel GmbH is entitled to ask for official confirmation in such cases. Should no such confirmation be available for presentation, GenoHotel GmbH is entitled to remove all such relevant materials at the customer’s expense.
The installation and attachment of objects must be agreed in advance with GenoHotel GmbH.
Any exhibits or other items brought into the hotel must be removed by the customer without delay once the event has finished. Should the customer fail to comply with this, GenoHotel GmbH may remove and store the items concerned at the customer’s expense. If items are left in the function room, preventing its use for any other purpose, GenoHotel GmbH may charge reasonable compensation for the time during which the room is being used for this purpose. The customer is free to prove that the above-mentioned claim did not arise or did not arise in the amount claimed.
Other items left behind will only be forwarded at the request, risk and expense of the customer concerned or of their event guests.
GenoHotel GmbH shall store the items in accordance with the limitation periods; thereafter they shall be destroyed or otherwise utilised by the GenoHotel.

4. Limitation period

All claims asserted vis-à-vis GenoHotel GmbH shall as a general rule one year after the commencement of the standard limitation period subject to knowledge of the grounds for the claim as set out under Section 199 Para. 1 of the German Civil Code (BGB). Claims for damage shall be statute-barred after five years, regardless of when a party gains knowledge of the grounds for the claim. The reduction in the limitation period shall not apply in the case of claims based on a wilful or grossly negligent breach of duty on the part of GenoHotel GmbH.

5. Payment modalities

The customer is obliged to pay for the services ordered and any other services used at the prices agreed with GenoHotel GmbH or at its standard prices. This shall also apply to services and expenses of GenoHotel GmbH to third parties arranged by the customer, in particular also for claims of copyright holders and their collecting societies in connection with events.
The separate price list details the applicable prices. Otherwise, agreements shall be made directly before the contract is concluded and set out in writing.
If a minimum sales volume has been agreed and is not reached, GenoHotel GmbH may demand 60% of the difference as loss of prospective profits, unless the customer proves that the loss of prospective profits is lower or GenoHotel GmbH proves that it is higher.
If there are more than four months between the conclusion of the contract and the event and if the statutory value added tax changes, GenoHotel GmbH shall decide whether, and if so, how the prices are to be adjusted.
Unless otherwise agreed, invoices from GenoHotel GmbH are payable without deduction within 10 days of receipt of the invoice. GenoHotel GmbH is entitled to declare at any time its accrued receivables to be due and to demand immediate payment thereof. In the event of late payment, GenoHotel GmbH is entitled to charge the applicable statutory default interest. GenoHotel GmbH reserves the right to provide proof that the damage it incurred was greater.
The customer shall reimburse GenoHotel GmbH reminder costs of €5.00 for each reminder after default has occurred. The customer is free to prove that no or much lower costs were incurred.
GenoHotel GmbH is entitled to demand an appropriate advance payment when the contract is made or thereafter. The amount of the advance payment and the dates by which it must be paid may be agreed in writing in the contract.
The customer may only offset or reduce an undisputed or legally binding receivable owed by GenoHotel GmbH against a receivable owed to the hotel.

6. Withdrawal by the customer (cancellation)

Cancellation by the customer of the contract concluded with GenoHotel GmbH free of charge requires the written consent of GenoHotel GmbH. If such consent is not given, the services agreed in the contract as well as services arranged with third parties shall be paid in any case, even if the customer does not make use of contractual services and it is no longer possible to re-let the facilities, which GenoHotel GmbH shall endeavour to do immediately after becoming aware of the cancellation. This shall not apply in the event of breach of GenoHotel GmbH's obligation to take into account the rights, legal interests and other interests of the customer, if the customer can no longer reasonably be expected to adhere to the contract as a result or is entitled to exercise other statutory or contractual rights of cancellation.
If a date by which the parties may withdraw from the agreement at no charge has been agreed in writing between GenoHotel GmbH and the customer, the customer may withdraw from the contract up to such date without incurring payment or compensation claims from GenoHotel GmbH. The customer's right of cancellation expires if they do not exercise their right of cancellation in writing to GenoHotel GmbH by the agreed date. This shall apply accordingly to agreements on compensation amounts in the event of cancellation.
Unless otherwise agreed in writing in the contract, the following cancellation policy shall apply.
Cancellation deadlines

In the event of cancellation after the contract has been signed, the following shall apply:

0 - 10 days before arrival date = 90% of the expected revenue

11 - 20 days before arrival date = 50% of the expected revenue

21 - 41 days before arrival date = 25% of the expected revenue

42 or more days before arrival date = free cancellation

e. If the customer cancels the contract, GenoHotel GmbH is entitled to charge the expected revenue in addition to the agreed rental price after the above- mentioned cancellation periods. In order to consider the claim to the flat-rate cancellation fees of the contractor, we expressly allow the client to provide evidence in accordance with Section 309 No. 5 BGB.

f. Once the event has started, it is no longer possible to reduce the number of participants. If participants do not make use of agreed services, these will be invoiced as booked.

7. Withdrawal by GenoHotel GmbH

If the customer's right to cancel the contract free of charge within a certain period has been agreed in writing, GenoHotel GmbH is entitled to cancel the contract within the same period if enquiries from other customers for the contractually booked function rooms are received and the customer does not waive its right of cancellation upon enquiry by GenoHotel GmbH.
If an agreed advance payment or an advance payment demanded in accordance with item I.5.7 above is not made, GenoHotel GmbH is also entitled to withdraw from the contract.
GenoHotel GmbH is also entitled to withdraw from the contract on reasonable grounds, such as
1. d. In the event of justified cancellation by GenoHotel GmbH, the customer shall have no claim to compensation.

8. Data processing and data protection

The customer's personal data (name, address, date of birth), all data relating to the order including bank details are stored and processed for the purposes of contract processing as part of electronic data processing.
GenoHotel GmbH shall only use this data for the purposes of contract processing and within the framework of the general business relationship with the customer in accordance with the statutory provisions of the Federal Data Protection Act (BDSG). If third parties are involved in the processing of the contract, the data protection regulations of the Federal Data Protection Act on commissioned data processing shall be observed.

II.Provisions fpr the provision of hotel rooms

1. Room provision, handover and return

Unless explicitly agreed in writing, the customer does not acquire any claim to provision of particular rooms.
Booked rooms shall be available to the customer as of 3.00 pm on the agreed day of arrival. The customer has no right to the earlier provision of rooms.
GenoHotel GmbH rooms must be vacated by 10.00 a.m. at the latest on the agreed day of departure. Thereafter, GenoHotel GmbH may charge 50% of the full accommodation price until 3.00 p.m. and 100% from 3.00 p.m. due to the late vacating of the room for use in excess of the contract. This shall not substantiate any contractual claims of the customer. The customer shall be at liberty to demonstrate that GenoHotel GmbH is not entitled to a charge for use or only to a significantly lower charge.
GenoHotel GmbH shall be liable for property brought on to the premises by customer in accordance with the relevant statutory provisions. According to this, liability shall be limited to fifty times the room rate, but no more than €3,000, and in the case of money, securities and valuables up to a maximum of €800.
Messages, mail and consignments of goods for guests shall be handled with the greatest of care. GenoHotel GmbH shall take care of delivery, storage and - on request - forwarding of the same for a fee.

III. Provisions relating to events

1. Exclusion of certain events, advertising and reporting

The customer is obliged to inform GenoHotel GmbH without being requested to do so, at the latest upon conclusion of the contract, if the event is, due to its political, religious or other character, likely to jeopardise the smooth running of the business, the security or the reputation of GenoHotel GmbH in the public eye. In such cases, GenoHotel may withdraw from the contract without compensation if the character of the event becomes apparent as such at a later date.
The rooms and areas provided may be sublet, and public invitations made or other advertising may be used for interviews, sales or similar events, only with the prior written approval of GenoHotel GmbH.
The customer is only entitled to display its own advertising media (posters, flags, etc.) outside the buildings and grounds and inside the buildings, but outside the agreed event space, with the prior authorisation of GenoHotel.
In its advertising for the planned event, the customer may refer to the GenoHotel GmbH website with regard to necessary service information (directions, room plans, etc.); any further reference to GenoHotel is subject to written approval.
Insofar as a visual recording is made on the occasion of an event, images may only be taken outside the function room provided with the approval of GenoHotel GmbH.
GenoHotel GmbH is entitled to refer to the event planned by the customer in its published event lists and to use the event in a suitable manner as a reference in its own advertising, unless this was expressly excluded in writing upon conclusion of the contract.

2. Changes to the number of participants and the time of the event (only applies if no diverging provisions have been made in the contract)

GenoHotel GmbH must be notified of a reduction of 20% or more of the agreed number of participants no later than three weeks before the start of the event; this requires the written consent of GenoHotel GmbH, which may make this dependent on the payment of reasonable compensation.
GenoHotel GmbH must be notified of the definitive number of participants by the customer up to 14 working days before the start of the event.
If more participants are added than originally booked, the actual number of participants will be charged for.
If the number of participants diverges by more than 10%, GenoHotel GmbH is entitled to change rooms if necessary, unless this is unreasonable for the customer.
If the agreed start or end times of the event are changed and GenoHotel GmbH agrees to such changes, GenoHotel GmbH may charge a reasonable fee for the additional readiness to perform, unless GenoHotel GmbH is at fault.

3. Bringing of food and drink to the event

In general, the customer may not bring his/her own food and drink to events. Exceptions to this rule are subject to a written agreement with GenoHotel GmbH. In such cases, GenoHotel GmbH is entitled to charge a fee to cover its overheads.

4. Technical equipment and connections; official permits

Insofar as GenoHotel GmbH obtains technical and other equipment from third parties for the customer at the latter’s request, GenoHotel GmbH acts in the name, on behalf and for account of the customer. The customer shall be liable for the careful handling and the proper and orderly return of the equipment concerned. The customer shall indemnify GenoHotel GmbH against all and any third-party claims arising from provision of such equipment.
The use of the customer's own electrical equipment connected to the GenoHotel GmbH power grid shall require the consent of GenoHotel GmbH; this consent may be made contingent upon the provision of a technician at the customer's expense. Any malfunctions or damage to the technical equipment of GenoHotel GmbH caused by the use of such equipment shall be borne by the customer, unless GenoHotel GmbH is responsible for them.
With the consent of GenoHotel GmbH, the customer is authorised to use its own telephone and data transmission equipment, insofar as this is technically feasible. GenoHotel GmbH may charge a connection or administration fee for this.
The customer shall obtain any permits required for the event in good time and at its own expense. The customer shall be responsible for ensuring compliance with public-law requirements and other regulations. This includes in particular the settlement of accounts with collecting societies (GEMA etc.).

5. Liability of the customer for damage

If the customer is an entrepreneur or a legal entity under private or public law, the customer shall be liable for all damage to buildings or inventory caused by event participants or visitors, employees, other third parties from its sphere of influence or by itself.
GenoHotel GmbH may ask the customer to provide appropriate collateral (e.g. deposits, insurance coverage, guarantees).

IV. Use of car park

If the customer - or their guests at events - use(s) a car park space, even for a fee, this shall not constitute a safekeeping agreement. GenoHotel GmbH is not required to provide surveillance. GenoHotel GmbH shall not be liable for loss of or damage to vehicles parked or manoeuvred on the property of GenoHotel GmbH or their contents, except in cases of intent or gross negligence. Any damage must be reported to GenoHotel GmbH immediately.