These Terms and Conditions (GTC) apply to all hotel accommodation contracts and ancillary services of the hotel concluded with the traveler (customer).
The contract is concluded by the acceptance of the customer’s application for admission by the hotel. If the hotel makes a binding offer to the customer, the contract is concluded by the customer’s acceptance of the offer.
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 debtors for all obligations arising from the contract, provided that the hotel has received a corresponding declaration from the third party. The hotel may object to the entry of a third party if the latter does not meet contractual travel requirements. If a third party enters into the contract, the third party and the customer are liable to the hotel as joint and several debtors. The hotel is free to demand the additional costs actually incurred and reasonable due to the entry against proof.
The hotel is entitled to unilaterally increase the offered travel price up to 5% of the total travel price, if the increase in the travel price results directly from a price increase for the cost of energy carriers; increase in taxes and duties on agreed travel services, or tourist taxes. In turn, the customer may request an equivalent reduction in the price of the trip, if the aforementioned circumstances of the cost increase leads to lower costs for the hotel.
Before the start of the trip, the customer can withdraw from the contract at any time (no show). If the customer withdraws from the contract, the hotel loses the claim to the agreed travel price. However, the hotel may demand reasonable compensation for cancellations by the customer in the amount of the following flat rates for compensation:
a) 2 days before the beginning of the trip | 25 % from the price of accommodation
b) 1 day before the start of the trip | 35 % from the price of accommodation
c) in case of no-show | 50 % from the price of accommodation
The customer shall be free to prove that the claim did not arise or did not arise in the amount claimed. The receipt of the customer’s cancellation notice by the hotel is decisive for the assertion of the compensation lump sums.
If the cancellation is declared in writing 2 days or more before the start of the trip, which is related to serious illnesses of the customer or 1st degree relatives, pandemic travel restrictions of the FRG, or the EU, the hotel waives the collection of compensation lump sums.
The hotel may withdraw from the contract before the start of the trip due to unavoidable, extraordinary circumstances that prevent it from fulfilling the contract; in this case, the hotel must declare the withdrawal immediately after becoming aware of the reason for withdrawal. If the hotel withdraws from the contract, it loses the right to the agreed travel price. If the hotel is obliged to refund the travel price as a result of a cancellation, it must do so immediately, and in any case within 14 days of the cancellation. Declarations of withdrawal must be received by the party to be declared in writing in paper form or via storable electronic media.
The liability of the hotel for damages resulting from a breach of contractual and/or statutory obligations is limited to intentional and grossly negligent conduct. Notwithstanding the foregoing limitation of liability, the Hotel shall be liable for slight negligence; for damages resulting from injury to life, body or health, and for damages resulting from the breach of material contractual obligations. A material contractual obligation shall be deemed to exist if the breach relates to an obligation on the fulfillment of which the customer relied or was entitled to rely. The aforementioned limitation of liability of the hotel, apply equally to employees, legal representatives and other agents of the hotel.
The hotel shall be liable to the customer for items brought to the hotel by the customer prior to the hotel’s acceptance of the customer in an appropriate form, up to a maximum amount of 2,500.00 EUR.
The hotel shall be liable to the customer for money, securities and valuables evidenced by the customer prior to the hotel’s admission up to a maximum amount of 1,500.00 EUR. Storage in the room safe secured by password is considered an obligation of the customer in this regard. The customer must provide the hotel with evidence of the damage incurred. The customer undertakes to avoid damage to items brought in as best as possible.
Insofar as a parking space is made available to the customer, or in a hotel parking lot – even for a fee – this does not constitute a custody agreement. In the event of loss of or damage to motor vehicles parked on the hotel’s property and their contents, the hotel shall be liable only up to an amount of 2,500.00 EUR.
Messages, mail and merchandise shipments for the customer are handled with the utmost care and in compliance with data protection.
Amendments or supplements to the contract, the acceptance of the application or these GTC shall be made in text form, unless otherwise stipulated in these GTC and/or in statutory provisions. The place of performance and payment shall be the registered office of the operating company.
The exclusive place of jurisdiction for commercial transactions is the registered office of the hotel. If a contracting party does not have a place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel. German law shall apply exclusively.
Should individual provisions of these GTC be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.
These terms and conditions apply to contracts for the rental of event rooms, or the hotel as an overall object for the implementation of events agreed in writing, such as galleries, conferences, seminars, exhibitions and presentations, etc., as well as for all other services and deliveries of the hotel provided for the customer in this context.
The contract is concluded by the acceptance of the customer’s application by the hotel. The hotel is free to confirm the booking of the event in text form. The subletting or reletting of the item agreed for rental requires the prior consent of the hotel in text form; the contracting parties are the hotel and the customer.
The hotel is liable for damages resulting from injury to life, body or health for which it is responsible. Furthermore, it shall be liable for other damages based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of duties typical for the contract by the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded. In the event of disruptions or deficiencies in the hotel’s services, the hotel will endeavor to remedy the situation if it becomes aware of them or if the customer complains about them without delay. The customer is obligated to contribute what he can reasonably be expected to do in order to remedy the disruption and keep any possible damage to a minimum. In all other respects, the customer is obliged to inform the hotel in good time of the possibility of an exceptionally high loss. All claims against the hotel are generally subject to a limitation period of one year from the statutory commencement of the limitation period. This does not apply to claims for damages and other claims, provided that the latter are based on an intentional or grossly negligent breach of duty by the hotel.
The hotel is obliged to provide the services ordered by the customer and promised by the hotel. The customer is obliged to pay the agreed or applicable prices of the hotel for these and other services used. This also applies to services ordered by the customer directly or through the hotel, which are provided by third parties and paid for by the hotel. In particular, this also applies to claims from copyright collecting societies.
The agreed prices include the taxes applicable at the time of the conclusion of the contract. In the event of changes in the statutory value added tax or the introduction, amendment or abolition of local levies on the subject of performance after conclusion of the contract, the prices shall be adjusted accordingly.
Invoices of the hotel without due date are payable immediately upon receipt of the invoice without deduction. The hotel may demand immediate payment of due receivables from the customer at any time. In the event of default in payment by the customer, the statutory provisions shall apply. The hotel reserves the right to prove higher damages. In the event of late payment, the hotel is entitled to charge consumers interest on arrears at a rate of 5 percentage points above the prime rate. In business transactions, the default interest rate is 8 percentage points above the prime rate. The hotel reserves the right to claim higher damages. The hotel may charge reasonable reminder fees for each reminder after default has occurred.
The Contractual Partner is obliged to provide the billing address when concluding the contract. The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed in the contract in text form. In the event of default in payment by the customer, the statutory provisions shall apply.
The customer may only offset or set off an undisputed or legally binding claim against a claim of the hotel.
Withdrawal by the customer from the contract concluded with the hotel is only possible if a right of withdrawal has been expressly agreed in the contract, 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 the possible consent to a cancellation of the contract must be made in text form in each case.
If the hotel and the customer have agreed on a date for withdrawal from the contract free of charge, the customer may withdraw from the contract until then without triggering payment or damage compensation claims by the hotel. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal towards the hotel by the agreed date.
If a right of withdrawal has not been agreed or has already expired, if there is also no statutory right of withdrawal or termination and if the hotel does not agree to a cancellation of the contract, the hotel retains the claim to the agreed remuneration despite the non-utilization of the service. The hotel shall credit the income from renting the rooms to other parties as well as the saved expenses. The expenses saved in each case can be calculated as a lump sum. The customer shall be free to prove that the claim did not arise or did not arise in the amount claimed. The hotel is free to prove that a higher claim has arisen.
If it has been agreed that the customer may withdraw from the contract free of charge within a certain period of time, the hotel is entitled for its part to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked event rooms and the customer does not waive his right to withdraw upon inquiry by the hotel with a reasonable deadline.
If an agreed or requested advance payment or security deposit is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.
Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for factually justified reasons, in particular if – force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract; – events or rooms are culpably booked with misleading or false information or concealment of material facts; material in this context may be the identity of the customer, the ability to pay or the purpose of the stay; – the hotel has reasonable cause to believe that the event may jeopardize the smooth operation of the business, the safety or the reputation of the hotel in the public, without this being attributable to the hotel’s sphere of control or organization; – the purpose or reason for the event is unlawful. the purpose or the reason for the event is unlawful. The justified withdrawal of the hotel does not entitle the customer to compensation.
If the agreed start or end times of the event are postponed and the hotel agrees to these deviations, the hotel may charge appropriately for the additional service provided, unless the hotel is at fault.
The customer may not bring food and beverages to events. Exceptions require an agreement with the hotel.
Insofar as the Hotel procures technical and other equipment from third parties for the Customer at the Customer’s instigation, it shall act in the name of, on the authority of and for the account of the Customer. The customer is liable for careful handling and proper return. He shall indemnify the hotel against all claims of third parties arising from the provision of these facilities.
The use of the customer’s own electrical equipment using the hotel’s electricity network requires the hotel’s consent. Any malfunctions 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 such malfunctions or damage. The hotel may record and charge for the electricity costs incurred by the use as a lump sum.
With the hotel’s consent, the customer is entitled to use his own telephone, fax and data transmission equipment. The hotel may charge a connection fee for this.
If suitable facilities of the hotel remain unused due to the connection of the customer’s own facilities, an outage fee may be charged.
Faults in technical or other equipment provided by the hotel will be rectified immediately if possible. Payments cannot be withheld or reduced if the hotel is not responsible for these disruptions.
Exhibits or other items, including personal items, carried along are at the risk of the customer in the event rooms or in the hotel. The hotel assumes no liability for loss, destruction or damage, including financial losses, except in cases of gross negligence or intent on the part of the hotel. This does not apply to damages resulting from injury to life, body or health. Cases in which, due to the circumstances of the individual case, safekeeping constitutes a duty typical for the contract are excluded from this exemption from liability.
Decorative material brought by the customer must comply with fire safety requirements. The hotel is entitled to demand official proof of this. If such proof is not provided, the hotel is 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 with the hotel in advance.
Any exhibition or other objects brought by the customer must be removed immediately after the end of the event. If the customer fails to do so, the hotel may carry out the removal and storage at the customer’s expense. If the items remain in the event room, the hotel may charge reasonable compensation for use for the duration of the withholding of the room.
If the customer is an entrepreneur, he is liable for all damages to the building or inventory caused by event participants or visitors, employees, other third parties from his area or himself. The hotel may require the customer to provide adequate security, for example in the form of a credit card guarantee.
Amendments and supplements to the contract, the acceptance of the application or these General Terms and Conditions shall be made in text form. Unilateral changes or additions by the customer are invalid.
Place of performance and payment as well as exclusive place of jurisdiction is Neubrandenburg.
If a contractual partner does not have a general place of jurisdiction in Germany, German law shall apply.
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. In all other respects, the statutory provisions shall apply.
These General Terms and Conditions are binding for all business transactions of the Gallery. Any conflicting terms and conditions of purchase shall not apply. The buyer confirms by his signature that he has taken note of the conditions.
2. Purchase prices
The purchase prices are given in euros, or are negotiated in euros. The purchase prices include the applicable sales tax, as well as all other fees and charges incurred with the sale.
3. VAT refund
(3.1) Third countries outside the EU: In accordance with the statutory provisions, export deliveries to third countries outside the EU internal market are exempt from VAT. If a Buyer takes the object of purchase abroad himself/herself, he/she shall provide security in the amount of the value added tax, which shall be refunded to him/her as soon as he/she submits the export/acceptance certificate to the Gallery.
(3.2) EU internal market: If the buyer is an entrepreneur in the sense of VAT law who legitimately uses his VAT ID number issued by his state of residence in the EU, the delivery remains VAT-exempt insofar as the delivery is subject to purchase taxation for the buyer in his state. However, the Buyer shall provide security in the amount of the VAT, which shall be refunded to the Buyer as soon as the VAT ID number is correctly received by the Gallery. If the VAT ID number subsequently turns out to be incorrect, the Gallery shall be entitled to withdraw from the purchase contract.
4. Terms of payment
The purchase price is due upon invoicing without deductions. In the case of non-cash payments (check, bank transfer, etc.), the buyer bears the cost of check etc.. -Encashment.
5. Surrender and retention of title
(5.1) The buyer can demand the handover of the object of purchase only against full payment of the purchase price.
(5.2) The transfer of ownership of the sold item is subject to the condition precedent of full payment of the purchase price. The Gallery is entitled to withdraw from the contract if the Buyer is in default with the payment of the purchase price. Insofar as the object of purchase is handed over to the purchaser, contrary to the regulation provided for in section 5.1, before full payment of the purchase price, the purchaser shall be obliged to treat the object of purchase with care and diligence until the transfer of ownership and to protect and insure it against damage or loss.
6. Offsetting and retention
The Buyer may set off against the Gallery only undisputed or legally established claims. The Buyer’s rights of retention are excluded unless they are based on the same contractual relationship.
(7.1) Default: If the Buyer defaults on payment of the purchase price or a purchase price installment, the Gallery shall be entitled and, upon the Artist’s request, obligated to provide the Artist with the name and address of the Buyer. In the event that the Buyer is in default of payment of the purchase price, the default interest rate for the year shall be five percentage points above the base interest rate or eight percentage points above the base interest rate if the Buyer made the purchase in the exercise of his commercial or independent professional activity. The Gallery may claim further damages. Upon default, the Gallery shall be entitled to demand immediate payment of all outstanding installments.
(7.2) Default of acceptance: The Buyer shall be in default if he/she fails to collect the object of purchase within the contractually agreed period or within 30 days after an offer of performance by the Gallery. After the occurrence of default, the Gallery shall be entitled to insure and store the object of purchase at the risk and expense of the Buyer (§ 304 BGB).
(7.3) Period of grace: If the Buyer defaults on payment or acceptance, the Gallery shall be entitled to withdraw from the purchase contract after setting a reasonable period of grace. In this case, in addition to the statutory rights, the Gallery may also calculate its damages in such a way that the Buyer must compensate for the reduced proceeds in the event of a new sale of the purchased item. The buyer shall not be entitled to any additional proceeds.
8. Dispatch of the object of purchase
The object of purchase will be shipped only upon written instruction of the buyer and after receipt of full payment. The selection of a suitable carrier for transport including transport insurance is the responsibility of the buyer. The risk of damage to or loss of the object of purchase during shipment shall be borne by the Buyer if he intends to use the object of purchase within the scope of his commercial or independent professional activity.
Any return shipment to the Gallery shall be at the expense and risk of the sender. If the object of purchase is returned for the purpose of subsequent performance, the Gallery shall bear the costs of the return shipment (§ 439 para. 2 BGB), unless the purchase involves a work that is not newly manufactured and the Customer intends to use the purchased goods within the scope of its commercial or independent professional activity. Unauthorized returns will not be accepted.
(10.1) Information on the art object: descriptions of works in catalogs, brochures, etc. do not imply any guarantee by the gallery. Prior to purchase, the Buyer shall have the opportunity to satisfy himself personally and, if necessary, through expert assistance, of the condition and authenticity of the object of purchase in accordance with the contract.
(10.2) Commission business: If the Gallery sells the goods as a commission agent, warranty claims for defects shall be excluded if the customer intends to use the purchased goods within the scope of his commercial or independent professional activity. This also applies to forgeries, insofar as the Gallery should not have been aware of the lack of authenticity of the work. If a warranty case exists, for which the gallery is liable according to. the aforementioned provision, the Gallery shall assign its claims, if any, against the principal to the Buyer. In such cases, however, the Gallery may, at its option, also take back the object of purchase and refund the purchase price.
(10.3) Liability: The Gallery shall be liable without limitation for all damages caused by the Gallery or its legal representatives or vicarious agents intentionally or through gross negligence. The Gallery shall also be liable without limitation for damages resulting from bodily injury, loss of life or damage to health caused by negligent or intentional breach of duty on the part of the Gallery, its legal representatives or vicarious agents, irrespective of the degree of fault. The Gallery shall be liable for damages caused by the Gallery, its legal representatives or vicarious agents due to slight negligence only if the Gallery, its organs or its vicarious agents violate a material contractual obligation (obligations the fulfillment of which makes the proper performance of the contract possible in the first place and the observance of which the contractual partner regularly relies on and may rely on). In this case, the Gallery’s liability shall be limited to the foreseeable damage typical for the contract. Otherwise, the liability of the Gallery is excluded.
(10.4) Warranty: If the delivered work is defective, the Buyer may claim damages for the defect only after two failed attempts at subsequent performance and subject to the limitation of liability set forth in these Terms and Conditions. If the customer intends to use the purchased goods within the scope of his commercial or independent professional activity, he may initially only demand supplementary performance; only after two failed attempts at supplementary performance may the customer withdraw from the contract or reduce the purchase price and demand compensation for damages in accordance with the limitation of liability in Section 10.3 of these General Terms and Conditions.
(10.6) Limitation: Claims for damages based on the defectiveness of the work shall become statute-barred at the latest one year after the statutory commencement of the limitation period, unless the claims are based on intent on the part of the Gallery. If the Buyer intends to use the object of purchase within the scope of his commercial or self-employed professional activity, claims for damages due to defects of the delivered work, which are not based on the Gallery’s intent, shall become statute-barred six months after the statutory commencement of the limitation period, if the work is not a newly produced work of art. Other claims due to defectiveness of the delivered work, which are not based on intent of the Gallery, shall become statute-barred within one year from the statutory commencement of the limitation period, provided that the work of art is not newly produced. If the Buyer intends to use the object of purchase within the scope of his commercial or independent professional activity, these claims shall become statute-barred within six months from the statutory commencement of the limitation period if the object of purchase is not a newly produced work of art, and within one year from the statutory commencement of the limitation period if the object of purchase is a newly produced work of art, unless they are based on intent on the part of the Gallery. The exclusion of claims for damages does not refer to cases of § 309 No. 7 BGB (injuries to life, body, health and liability for gross negligence).
11. Applicable law
The legal relations between the Gallery and the Buyer shall be governed exclusively by the laws of the Federal Republic of Germany. Other European or other international regulations do not apply.
12. Final provisions
(12.1) For the interpretation of these terms and conditions, the German version shall prevail.
(12.2) The place of performance and jurisdiction for merchants, legal entities under public law and special funds under public law shall be the registered office of the Gallery. The same applies if the customer has no general place of jurisdiction in Germany. Should one or more provisions of these contractual terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions.