GENERAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS
Weinberghotel Edelacker, located in Freyburg, Schloss 25
Please note that the following is an English translation of the “Allgemeine Geschäftsbedingungen (AGB)” of the Weinberghotel Edelacker and is provided for information purposes only.
The following terms apply to contractual agreements on accommodation as well as those pertaining to conferences, festivities etc. These terms and conditions apply in their most recent version and are subject to change.
GENERAL TERMS AND CONDITIONS FOR EVENTS
1. SCOPE
1.1 The following terms and conditions apply to contracts and agreements governing the rental of the Hotel’s conference, banquet and function rooms for staging banquets, seminars, conferences etc., as well as all further services and deliveries performed by the Hotel for the Organiser in connection to the planned function.
1.2 The Organiser must obtain prior written consent from the Hotel if they intend to sublet rented rooms, spaces and/or display cases, invite candidates to job interviews or hold sales functions or similar events, whereby the right to terminate the contract in accordance with § 540 (1) sentence 2 BGB is excluded.
1.3 The Organiser’s general terms and conditions may only apply if the Hotel expressly consents to their use in writing.
2. CONCLUSION OF THE CONTRACT, CONTRACTING PARTIES, LIABILITY
2.1 The contracting parties are the Hotel and the Organiser. The contract enters into force as soon as the Hotel formally accepts the Organiser’s booking request. The Hotel is free to confirm event bookings in writing if it so chooses.
2.2 The Hotel is liable for damages for which it is responsible that cause injury to life, limb or health. It is also liable for damages that arise due to deliberate or grossly negligent breaches of duty, or to a deliberate or negligent failure to fulfil the Hotel’s typical contractual obligations. Typical contractual obligations are defined as those which allow the contract to be properly executed in the first place, the implementation of which the customer relies on and rightfully so. A breach of duty on the part of the Hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded insofar as they are not otherwise regulated in these terms and conditions. Should the Hotel’s services be disrupted or found deficient, the Hotel shall promptly work to remedy the situation upon learning of the problem or receiving a complaint from the Organiser. The Organiser is obliged to help remedy the disturbance within reason and keep potential damage to a minimum. Furthermore, the Organiser is obliged to notify the Hotel in a timely manner of potentially excessive damage.
3. SERVICES, PRICES, PAYMENTS
3.1 The Hotel is obliged to provide the services which the Organiser has booked and to which it has agreed.
3.2 The Organiser is obliged to pay the agreed-upon or current fees for these and any other services they have received from the Hotel. This also applies to services directly booked by the Organiser, services rendered by third parties on behalf of the Hotel, or services disbursed by the Hotel. This applies in particular to claims by copyright collectives.
3.3 The agreed-upon prices include all applicable taxes valid at the time the contract is concluded. Should the statutory VAT change after conclusion of the contract, the prices shall be adjusted accordingly.
3.4 Should the time between the conclusion and fulfilment of the contract exceed 4 months, and should the Hotel raise its prices across the board for such services, the Hotel reserves the right to adjust the contractually agreed price accordingly, but by no more than 10%.
3.5 The Hotel is entitled to demand a reasonable advance payment from the Organiser at the conclusion of the contract. The amount and payment terms can be specified accordingly in the contract in written form. Upon default of payment, the corresponding legal regulations apply.
3.6 In justified cases, e.g. if the Organiser fails to pay on time or extends the scope of the contract, the Hotel is entitled – even after conclusion of the contract until the event begins – to demand an advance payment as provided in 3.5, or to increase the agreed-upon advance payment to an amount up to the total compensation for services as agreed upon in the contract.
3.7 The Organiser may only offset or reduce a claim by the Hotel with an undisputed or legally binding counterclaim.
4. WITHDRAWAL BY THE HOTEL
4.1 Insofar as agreed that the Organiser may withdraw from the contract free of charge by a specified deadline, the Hotel is likewise entitled to withdraw if other potential organisers have shown interest in the contractually booked rooms and the Organiser has failed to exercise their right to withdraw by a reasonable deadline at the request of the Hotel. The same applies to exercising a cancellation option if other inquiries exist and the Organiser is unwilling to firmly book the rooms at the Hotel’s request despite receiving a reasonable deadline to do so.
4.2 The Hotel is likewise entitled to withdraw from the contract should the Organiser fail to pay an agreed-upon or requested advance payment even after receiving an appropriate grace period by the Hotel to do so.
4.3 Furthermore, the Hotel is entitled to withdraw from the contract for extraordinary reasons, in particular, if
- a force majeure or other circumstances for which the Hotel is not responsible makes it impossible to fulfil the contract;
- the Organiser knowingly provided misleading or false information or failed to disclose essential facts upon booking the events or rooms; essential facts can include the Organiser’s identity, solvency or purpose of stay;
- the Hotel has reasonable grounds to assume that the event will endanger the smooth operation, security or public reputation of the Hotel, insofar as this cannot be attributed to the authority and organisation of the Hotel;
- the purpose or occasion of the event is unlawful;
- the Organiser is found to have violated the provisions of 1.2.
4.4 The legitimate withdrawal from the contract by the Hotel does not entitle the Organiser to claim damages. The Hotel may estimate its own claim for damages if it chooses to withdraw from the contract for reasons mentioned in 4.2 or 4.3. The provisions described in 5.3 to 5.6 apply accordingly in this case.
5. WITHDRAWAL BY THE ORGANISER (CANCELLATION, TERMINATION)
5.1 The Organiser may only unilaterally withdraw from a contract concluded with the Hotel at no charge if the right to free cancellation is explicitly agreed upon in the contract or if the Organiser is legally entitled to free cancellation.
5.2 If the contract between the Hotel and Organiser provides a deadline for withdrawing from the contract at no charge, the Organiser may withdraw until that time without triggering demands for payment or claims for damages by the Hotel. The Organiser’s right to withdraw from the contract expires if the Organiser fails to formally notify the Hotel of their intention in writing by the agreed-upon deadline.
5.3 If an option for free cancellation as mentioned in 5.1 has not been agreed to or has already expired, and if no legal right to free cancellation exists, the Hotel reserves the right to demand payment for yet unrendered services in accordance with 5.4, 5.5 and 5.6. The invoice must account for saved expenses and revenues obtained through renting the formerly booked rooms to other occupants. The Hotel can make a flat-rate deduction for saved expenses and may charge no more than 10% of the listed rental fees, or otherwise as provided in 5.4, 5.5 and 5.6. The Organiser is free to provide proof that the claim is not justified or at least not at the requested amount. The Hotel may submit proof that it is entitled to a higher claim.
5.4 In addition to the agreed-upon rental fees (with deductions for possible revenues and saved expenses as per 5.3, sentence 2, and other disbursed services as per 3.2, sentence 2, the Hotel is entitled to charge 35% of the lost catering revenues should the Organiser cancel within 60 days of the planned event, 60% of catering revenues for cancelling within 30 days of the event, and 85% for cancelling within 10 days of the event. For events lasting several days, the withdrawal deadline is considered the first day of the event. The Organiser is free to provide proof that the claim is not justified or at least not at the requested amount. The Hotel may submit proof that it is entitled to a higher claim.
5.5 Catering revenues are calculated using the following formula: agreed-upon menu or buffet price plus beverages multiplied by the number of participants. If the contracting parties had not yet negotiated a menu price, the calculation is based on the least expensive three-course menu or least expensive buffet offer available at the time of the planned event. The cost of beverages is calculated at one third the respective menu or buffet price.
5.6 If the contracting parties have agreed to a fixed price per conference participant, the Hotel is entitled to charge 60% of the conference fee multiplied by the number of contractually agreed upon participants for cancellation within 60 days, 75% within 30 days, and 85% within 10 days of the planned event. For conferences lasting several days, the cancellation deadline is considered the first day of the event. The Organiser is free to submit proof that the claim is not justified or at least not at the requested amount. The Hotel may submit proof that it is entitled to a higher claim.
6. CHANGES TO PARTICIPANT NUMBERS AND EVENT TIMES
6.1 Should the number of expected participants increase by more than 5%, the Organiser must notify the Hotel of this fact in writing no later than five working days prior to the start of the event. The change requires the Hotel’s approval in writing. The invoiced amount is based on the actual number of participants, or at least 95% of the agreed-upon increase in participants. Should the actual number of participants be lower than expected, the Organiser may request a reduction to the agreed-upon price on account of non-incurred expenses by submitting proof that there were fewer participants in attendance.
6.2 Should the number of expected participants decrease by more than 5%, the Organiser must notify the Hotel of this fact in writing no later than five working days prior to the start of the event. The invoiced amount is based on the actual number of participants, or at least 95% of the most recently agreed-upon number of participants. 6.1, sentence three applies accordingly.
6.3 Should the number of expected participants decrease by more than 10%, the Hotel is entitled to switch previously confirmed event rooms, taking into account deviating room rental fees if applicable, unless this poses an unreasonable burden on the Organiser.
6.4 Should the agreed-upon starting and ending times change and the Hotel agrees to these changes, the Hotel may charge the Organiser for the additional extended service at an appropriate amount, unless the changes in event times were the fault of the Hotel.
7. BRINGING FOOD AND BEVERAGES
As a rule, the Organiser is not permitted to bring their own food and beverages to events hosted by the Hotel. Exemptions to this rule require the written consent of the Hotel’s banquet department. In such cases, an appropriate amount is billed to the Organiser to cover the shared expenses.
8. TECHNICAL SYSTEMS AND CONNECTIONS
8.1 Insofar as the Hotel procures technical systems, connections and/or other equipment from third parties at the Organiser’s request, the Hotel acts on behalf, in the authority and at the expense of the Organiser. The Organiser is responsible for handling the provided technical apparatus with care and returning it in working order. Moreover, the Organiser shall indemnify the Hotel against all claims by third parties.
8.2 The Organiser must obtain prior consent from the Hotel if they wish to connect their own technical systems to the Hotel’s power supply. The Organiser is liable for disruptions or damages caused by these devices to the Hotel’s technical systems insofar as the Hotel was not responsible for these. The Hotel may estimate and charge the Organiser a fixed amount for the resulting cost of electricity.
8.3 The Organiser is entitled to use their own telephone, fax and data transmission equipment with the Hotel’s prior consent. The Hotel is permitted to charge a connection fee for this service.
8.4 The Organiser is responsible for obtaining any necessary permits from local and state authorities in advance and at their own expense. Furthermore, the Organiser is obliged to comply with public law and other applicable legal provisions.
8.5 With regard to copyright-relevant activities (e.g. musical performances, film presentations, streaming services), the Organiser is responsible for negotiating the formalities and licensing fees with the responsible institutions (e.g. GEMA) at their own expense.
8.6 The Hotel shall endeavour to resolve disruptions to technical devices or other systems provided by the Hotel as quickly as possible. The Organiser may not retain or reduce payment of the invoice if the Hotel is not responsible for these disruptions.
9. LOSS OR DAMAGE TO BROUGHT ITEMS
9.1 Exhibition materials or other (also personal) items brought to the event rooms or Hotel are done so at the risk of the Organiser. The Hotel does not assume liability for lost, missing or damaged items or financial losses unless these were the result of gross negligence or intentionally caused by the Hotel. This provision does not apply to damages causing injury to life, limb or health. Furthermore, this exemption from liability does not apply to individual cases in which the safekeeping of personal items represents a contractually typical obligation.
9.2 The use of decorations and other items brought by the Organiser to the Hotel must comply with technical fire safety requirements and official regulations. The Hotel reserves the right to demand official confirmation of compliance with these requirements and regulations. Should the Organiser be unable to provide such confirmation, the Hotel is entitled to remove the brought materials at the Organiser’s expense. The Organiser is required to obtain the Hotel’s consent prior to installing and/or attaching decorations and other items as these can potentially result in damages.
9.3 All displays and other items brought by the Organiser to the Hotel are to be removed immediately following the conclusion of the event. Should the Organiser fail to do so, the Hotel may remove and store these items at the Organiser’s expense. If items remain in the event room uncollected, the Hotel may charge the Organiser an appropriate fee for the time during which the room is unavailable for other purposes.
10. ORGANISER’S LIABILITY FOR DAMAGES
10.1. If the Organiser is a commercial enterprise, they are liable for all damages to the building or inventory caused by the event’s participants or visitors, staff or other third parties from their business area or by the Organiser themselves.
10.2. The Hotel may demand reasonable securities from the Organiser (e.g. insurance policies, deposits, guarantees).
11. ADDITIONAL PROVISIONS
11.1 Smoking is prohibited throughout the entire Hotel. Should guests smoke in their rooms or on the premises, the Hotel reserves the right to charge an additional fee of 150 EUR to cover the cost of cleaning.
11.2 It is not permitted to bring pets into the Hotel. Guests may be accompanied by Seeing Eye dogs or comparable service animals upon special request and with presentation of a corresponding certificate of disability. Please note that all accompanying dogs must be covered by liability insurance. The owner is held liable for any damage caused by their dog or service animal.
12. FINAL PROVISIONS
12.1. Amendments or additions to the contract, to the acceptance of the booking request or to these General Terms and Conditions for Events must be made in written form. Unilateral changes or additions made by the customer are invalid.
12.2. All services and payments are to be rendered at the Hotel’s location.
12.3. If the Organiser is a businessperson or legal entity under public law, the exclusive place of jurisdiction is Freyburg, Germany. The Hotel reserves the right to sue the Organiser for damages at the Organiser’s place of business. The same applies to Organisers to which sentence 1 does not apply if their headquarters or place of residence is not located in a member state of the European Union.
12.4. German law applies. The application of the UN Sales Convention is excluded.
12.5. Should individual provisions of these General Terms and Conditions for Events become or be rendered invalid or void, the validity of the remaining provisions shall not be affected. The statutory regulations otherwise apply.
Valid as of 15 June 2025
GENERAL TERMS AND CONDITIONS FOR HOTEL ACCOMMODATION
1. SCOPE
1.1 The following terms and conditions apply to contracts and agreements governing the rental of hotel rooms, as well as for all further services and deliveries provided for the Customer by the Hotel.
1.2 The Customer must obtain prior written consent from the Hotel if they intend to sublet rented rooms for purposes other than accommodation, whereby the right to terminate the contract in accordance with § 540 (1) sentence 2 BGB is excluded.
1.3 The Customer’s general terms and conditions may only apply if the Hotel expressly consents to their use in writing.
2. CONCLUSION OF THE CONTRACT, CONTRACTING PARTIES, LIABILITY
2.1 The contract enters into force as soon as the Hotel formally accepts the Customer’s booking request. The Hotel is free to confirm room bookings in writing if it so chooses.
2.2 The contracting parties are the Hotel and the Customer. If a third party books for the Customer, the third party is jointly and severally liable together with the Customer for all obligations specified in the hotel accommodation contract, provided the Hotel is presented with a corresponding statement by the third party.
3. SERVICES, PRICES, PAYMENTS, SURCHARGES
3.1 The Hotel is obliged to reserve the rooms booked by the Customer and provide the agreed-upon services.
3.2 The Customer is obliged to pay the agreed-upon price or current rate for the room rental and any additional services provided by the Hotel. This also applies to services directly booked by the Customer, services rendered by third parties on behalf of the Hotel, or services disbursed by the Hotel.
3.3 The agreed-upon prices include all applicable taxes and local fees valid at the time the contract is concluded. These do not include local fees which the Customer is obliged to pay in accordance with municipal law, such as the visitors’ tax. Should the statutory VAT change or local fees for the service in question be reintroduced, adjusted or discontinued after conclusion of the contract, the prices shall be adjusted accordingly. This only applies to agreements with customers should the time between the conclusion and fulfilment of the contract exceed four months.
3.4 Should the time between the conclusion and fulfilment of the contract exceed 4 months, and should the Hotel raise its prices across the board for such services, the Hotel reserves the right to adjust the contractually agreed price accordingly, but by no more than 10%.
3.5 If a payment deadline is not specified, invoices are to be paid in full within 10 days of receipt.
3.6 The Hotel is entitled to demand a reasonable advance payment from the Customer at the conclusion of the contract. The amount and payment terms can be specified accordingly in the contract in written form. Upon default of payment, the corresponding legal regulations apply.
3.7 In justified cases, e.g. if the Customer fails to pay on time or extends the scope of the contract, the Hotel is entitled – even after conclusion of the contract until the first day of accommodation – to demand a reasonable advance payment as provided in 3.6, or to increase the agreed-upon advance payment to an amount up to the total compensation for services as provided in the contract.
3.8 The Hotel is also entitled to demand a reasonable advance payment from the Customer at the beginning of or during accommodation as provided above in 3.6 for current and future claims contained in the contract, insofar as these have not already been compensated in accordance with the above provisions.
3.9 The Customer may only offset or reduce a claim by the Hotel with an undisputed or legally binding counterclaim.
4. WITHDRAWAL BY THE CUSTOMER (CANCELLATION, TERMINATION)
4.1 The Customer may only unilaterally withdraw from a contract concluded with the Hotel at no charge if the right to free cancellation is explicitly agreed upon in the contract or if the Customer is legally entitled to free cancellation.
4.2 If the contract between the Customer and Hotel provides a deadline for withdrawing from the contract at no charge, the Customer may withdraw until that time without triggering demands for payment or claims for damages by the Hotel. The Customer’s right to withdraw from the contract expires if they fail to formally notify the Hotel of their intention in writing by the agreed-upon deadline.
4.3 If an option for free cancellation has not been agreed to or has already expired, and if no legal right to free cancellation exists, the Hotel reserves the right to demand compensation for the yet unrendered service(s). The invoice must account for saved expenses and revenues obtained through renting the formerly booked rooms to other occupants. If the rooms are not otherwise rented, the Hotel can make a flat-rate deduction for saved expenses. In this case, the Customer is obliged to pay 90% of the contractually agree price for the overnight accommodation with or without breakfast, as well as flat-rate offers with third-party services, 70% for half-board and 60% for full-board offers. The Customer is free to provide proof that the abovementioned claim is not justified or at least not at the requested amount.
5. WITHDRAWAL BY THE HOTEL
5.1 Insofar as agreed that the Customer may withdraw from the contract free of charge by a specified deadline, the Hotel is likewise entitled to withdraw if other potential customers have shown interest in the contractually booked rooms and the Customer has failed to exercise their right to withdraw by a reasonable deadline at the request of the Hotel. The same applies to exercising a cancellation option if other inquiries exist and the Customer is unwilling to firmly book the rooms at the Hotel’s request despite receiving a reasonable deadline to do so.
5.2 The Hotel is likewise entitled to withdraw from the contract should the Customer fail to pay an agreed-upon or requested advance payment even after receiving an appropriate grace period by the Hotel to do so.
5.3 Furthermore, the Hotel is entitled to withdraw from the contract for extraordinary reasons, in particular, if
- a force majeure or other circumstances for which the Hotel is not responsible makes it impossible to fulfil the contract;
- the Customer knowingly provided misleading or false information or failed to disclose essential facts upon booking the rooms; essential facts can include the Customer’s identity, solvency or purpose of stay;
- the Hotel has reasonable grounds to assume that delivering the service will endanger the smooth operation, security or public reputation of the Hotel, insofar as this cannot be attributed to the authority and organisation of the Hotel;
- the purpose or reason for the accommodation is unlawful;
- the Customer is found to have violated the provisions of 1.2.
5.4 The Customer is not entitled to claim damages if the Hotel withdraws from the contract for legitimate reasons. Should withdrawal from the contract for reasons mentioned in 5.2 or 5.3 result in damages to the Hotel, the Hotel may seek a flat-rate compensation from the Customer. The provisions described in 4.3 apply accordingly in this case.
6. ROOM PROVISION, HANDOVER AND RETURN
6.1 The Customer is not entitled to the provision of specific rooms.
6.2 Booked rooms are made available to the Customer by 4 pm on the agreed-upon day of arrival. The Customer is not entitled access to the room prior to the agreed-upon time.
6.3 The rooms are to be vacated and made available to the Hotel by 10am on the agreed-upon day of departure. After this time, the Hotel may charge the Customer 50% of the price of lodging (list price) for the extended use of the room until 6pm, and 90% after 6pm. No contractual claims by the Customer are established hereby. However, the Customer is free to provide proof that the rental surcharge is not justified or at least not at the requested amount.
7. HOTEL’S LIABILITY FOR DAMAGES
7.1 The Hotel is liable for damages for which it is responsible that cause injury to life, limb or health. It is also liable for damages that arise due to deliberate or grossly negligent breaches of duty, or to a deliberate or negligent failure to fulfil the Hotel’s typical contractual obligations. Typical contractual obligations are defined as those which allow the contract to be properly executed in the first place, the implementation of which the Customer relies on and rightfully so. A breach of duty on the part of the Hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded insofar as they are not otherwise regulated here in 7.1. Should the Hotel’s services be disrupted or found deficient, the Hotel shall promptly work to remedy the situation upon learning of the problem or receiving a complaint from the Customer. The Customer is obliged to help remedy the disturbance within reason and keep potential damage to a minimum.
7.2 In accordance with legal regulations, the Hotel is liable for damages to personal items brought into the Hotel by the Customer. The Hotel recommends the use of the hotel safe or room safe. Should the Customer wish to bring cash, securities or valuables worth more than 800 EUR or other items worth more than 3,500 EUR into the Hotel, they must conclude a special safekeeping agreement with the Hotel in advance.
7.3 Provision of a parking spot in the Hotel garage or Hotel parking lot – even for a fee – does not establish a safekeeping agreement. Should the Customer’s parked or moving vehicle including its contents go missing or get damaged on Hotel premises, the Hotel is only liable for the resulting damages to the extent provided in 7.1, sentences 1 to 4, mentioned above.
7.4 Wake-up requests are carried out by the Hotel with the utmost care. Messages for customers are also handled with care. With the Customer’s prior agreement, the Hotel may sign for, store and – upon request – forward mail and packages for a fee. The Hotel is liable for damages to the extent provided in 7.1, sentences 1 to 4, mentioned above.
8. ADDITIONAL PROVISIONS
8.1 Smoking is prohibited throughout the entire Hotel. Should guests smoke in their rooms or on the premises, the Hotel reserves the right to charge an additional fee of 150 EUR to cover the cost of cleaning.
8.2 It is not permitted to bring pets into the Hotel. Guest may be accompanied by Seeing Eye dogs or comparable service animals upon special request and with presentation of a corresponding certificate of disability. Please note that all accompanying dogs must be covered by liability insurance. The owner is held liable for any damage caused by their dog or service animal.
9. FINAL PROVISIONS
9.1 Amendments or additions to the contract, to the acceptance of the request or to these General Terms and Conditions for Hotel Accommodation must be made in written form. Unilateral changes or additions made by the Customer are invalid.
9.2 If the Customer is a businessperson or legal entity under public law, the exclusive place of jurisdiction is Freyburg, Germany. The Hotel reserves the right to sue the Customer for damages at the Customer’s place of business. The same applies to Customers to which sentence 1 does not apply if their headquarters or place of residence is not located in a member state of the European Union.
9.3 German law applies. The application of the UN Sales Convention is excluded.
9.4 Should individual provisions of these General Terms and Conditions for Hotel Accommodation become or be rendered invalid or void, the validity of the remaining provisions shall not be affected. The statutory regulations otherwise apply.
Valid as of 15 June 2025