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Ein Stück Bayern inmitten von Bremen

Ein Stück Bayern inmitten von Bremen

General Terms and Conditions (GTC)

Hotel Edel Weiss GmbH Hotel accommodation contract

I. Scope of application

  1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and the provision of function rooms for the organization of conferences, seminars, congresses, banquets, etc. as well as all other services and deliveries provided to the customer by Hotel Edel Weiss GmbH, hereinafter referred to as the hotel (hotel accommodation contract).
Hotel Edel Weiss GmbH
Bahnhofsplatz 8
28195 Bremen
Owner: Klaus Prinke-Vesecky
Managing Director: Heinz Vesecky
  1. The subletting or re-letting of the rooms or function rooms provided and the use of the rooms for purposes other than accommodation require the prior written consent of the hotel.
  2. The customer’s terms and conditions shall only apply if this has been agreed in writing in advance.

II. Conclusion of contract, partners, liability; statute of limitations

  1. The contract is concluded upon acceptance of the customer’s application by the hotel. The hotel is at liberty to confirm the room booking in writing.
  2. The contractual partners are the hotel and the customer. If a third party has ordered on behalf of the customer, it shall be liable to the hotel together with the customer as joint and several debtor for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
  3. All claims against the hotel are generally subject to a limitation period of one year from the beginning of the knowledge-dependent regular limitation period of § 199 para. 1 BGB. Claims for damages are subject to a limitation period of five years irrespective of knowledge. The shortening of the limitation period shall not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
  4. This limitation of liability and short limitation period shall also apply in favor of the hotel in the event of breach of obligations in the initiation of the contract and positive breach of contract.

 

III. Services, prices, payment, offsetting

  1. The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
  2. The customer is obliged to pay the applicable or agreed prices of the hotel for the room rental and the other services used by him. This also applies to services and expenses of the hotel to third parties arranged by the customer.
  3. The agreed prices include the respective statutory value added tax. If the VAT rate increases on the day the service is provided, the agreed prices shall change accordingly. The hotel is entitled to subsequently charge the value added tax. If the period between conclusion and fulfillment of the contract exceeds 4 months and if the price generally charged by the hotel for such services increases, the hotel may raise the contractually agreed price appropriately, but by no more than 10%.
  4. The prices may also be changed by the hotel if the customer subsequently requests changes to the number of rooms booked, the hotel’s services or the length of the guests’ stay and the hotel agrees to this.
  5. Hotel invoices without a due date are payable in full within 7 days of receipt of the invoice. The hotel is entitled to declare accrued receivables due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to charge interest at a current rate of 8% or, in the case of legal transactions involving a consumer, 5% above the prime rate of the European Central Bank. The customer reserves the right to prove lower damages, the hotel reserves the right to prove higher damages. For each reminder after the occurrence of default, the customer shall reimburse reminder costs in the amount of EUR 5. All other costs incurred in the course of debt collection shall be borne by the customer.
  6. The hotel is entitled to demand an appropriate advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates may be agreed in writing in the contract.
  7. Furthermore, the hotel is entitled to demand a reasonable advance payment or security deposit within the meaning of No. 6 above from the customer at the beginning and during the stay for existing and future claims arising from the hotel accommodation contract, insofar as such has not already been made in accordance with No. 6 above.
  8. The customer may only offset or reduce a claim of the hotel with an undisputed or legally binding claim.

 IV. Withdrawal by the customer (cancelation)

  1. Withdrawal by the customer from the contract concluded with the hotel requires the hotel’s written consent. If this is not given, the agreed price from the contract must also be paid if the customer does not make use of contractual services (compensation). This does not apply in the event of a delay in performance by the hotel or an impossibility of performance for which the hotel is responsible.
  2. If a date for withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer’s right of withdrawal shall expire if he does not exercise his right of withdrawal in writing vis-à-vis the hotel by the agreed date, unless there is a case of default on the part of the hotel or an impossibility of performance for which it is responsible.
  3. If rooms are not used by the customer, the hotel shall offset the income from renting the rooms to other parties and the expenses saved.
  4. The hotel is free to charge a lump sum for the damage incurred and to be compensated by the customer. The customer is then obliged to pay 90% of the contractually agreed price for accommodation with or without breakfast, 70% for half-board and 60% for full-board arrangements. The customer is at liberty to prove that no damage was incurred or that the damage incurred by the hotel is lower than the lump sum demanded.

V. Withdrawal of the hotel

  1. If the customer’s right to withdraw from the contract within a certain period has been agreed in writing, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers for the contractually booked rooms and the customer does not waive his right of withdrawal upon enquiry by the hotel. This applies accordingly if an option has been granted.
  2. If an agreed advance payment is not made even after a reasonable grace period set by the hotel with a warning of refusal has expired, the hotel is also entitled to withdraw from the contract.
  3. Furthermore, the hotel is entitled to extraordinary withdrawal from the contract for objectively justified reasons, for example if force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract; hotel services are booked with misleading or false information regarding material facts, e.g. in the person of the customer or the purpose; the hotel has justified cause to believe that the use of the hotel’s services may jeopardize the smooth operation, safety or public reputation of the hotel without this being attributable to the hotel’s sphere of control or organization; there is a breach of paragraph 2 above. Our hotel is not suitable for persons with reduced mobility, and the hotel is free to accept or cancel bookings.
  4. The hotel must inform the customer of the exercise of the right of withdrawal without delay.
  5. The hotel may prohibit or cancel unauthorized job interviews, sales and similar events.
  6. In the event of justified withdrawal by the hotel or prevention of an unauthorized event in accordance with No. 5 above, the customer shall have no claim to compensation.

 VI. Room provision, handover and return

  1. The customer acquires no entitlement to the provision of specific rooms or function rooms.
  2. Booked rooms are available to the customer from 3 p.m. on the agreed day of arrival. The customer is not entitled to earlier availability. Unless a later arrival time has been expressly agreed or the room has been prepaid, the hotel has the right to allocate booked rooms to other guests after 6 p.m. without the customer being able to derive a claim against the hotel from this. Claims of the hotel under clause IV remain unaffected by this provision.
  3. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11.00 a.m. at the latest. After this time, the hotel may charge 50% of the full accommodation price (list price) for the additional use of the room until 6.00 p.m., and 100% from 6.00 p.m. onwards, in addition to any damages incurred by the hotel as a result. This shall not give rise to any contractual claims on the part of the customer. The customer is at liberty to prove to the hotel that it has incurred no or significantly less damage.

 

VII. Liability of the hotel

  1. The hotel shall be liable with due care for its obligations arising from the hotel accommodation contract. Claims of the customer for damages are excluded. Excluded from this are damages resulting from injury to life, body or health if the hotel is responsible for the breach of duty, furthermore other damages which are based on an intentional or grossly negligent breach of duty by the hotel and damages which are based on an intentional or grossly negligent breach of typical contractual obligations of the hotel. A breach of duty on the part of a representative or vicarious agent is equivalent to a breach of duty on the part of the hotel. Should disruptions or defects in the hotel’s services occur, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer.
  2. If the customer is provided with a parking space in the hotel garage or in a hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. The hotel shall not be liable for loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, except in cases of intent or gross negligence. This also applies to vicarious agents of the hotel.
  3. Wake-up calls are carried out by the hotel with the utmost care. No liability is assumed. Messages, mail and consignments are handled with care. The hotel will deliver, store and – on request – forward them for a fee. The above No. 1 sentences 2 to 4 apply accordingly.
  4. Items left behind will only be forwarded at the request, risk and expense of the customer. The hotel will keep the items for three months, after which they will be handed over to the local lost and found office if they have a recognizable value. If there is no recognizable value, the hotel reserves the right to destroy the items after this period has expired.

 

VIII. Final provisions

  1. Amendments or additions to the contract, the acceptance of the application or these terms and conditions for hotel accommodation should be made in writing. Unilateral amendments or additions by the customer are invalid.
  2.  The place of performance and payment is the hotel’s registered office.
  3. The exclusive place of jurisdiction – also for check and bill of exchange disputes – for commercial transactions is the registered office of the company. If a contractual partner fulfills the requirements of § 38 paragraph 1 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be Bremen.
  4. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
  5. Should individual provisions of these General Terms and Conditions for Hotel Accommodation 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.

Status 27.07.2024

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General Terms and Conditions for the sale of vouchers in the online voucher portal of Hotel Edel Weiss GmbH

 I. Scope of application

These General Terms and Conditions (GTC) apply to the sale of vouchers on the Hotel Edel Weiss GmbH online voucher portal at www.edelweiss-bremen.de.

II. Contractual partner

Only persons who have reached the age of 18 are entitled to make purchases in our online voucher portal. The contract is concluded between you as the buyer and Hotel Edel Weiss GmbH Bahnhofsplatz 8 28195 Bremen Managing Director: Heinz Vesecky Register Court: Bremen Local Court, HRB 327 47 HB as the seller.

III. Formation of the contract, contract languages

The products (vouchers) presented in our online voucher portal are merely to be understood as an invitation to order. They do not constitute a binding offer. By placing your order by clicking on the “Order now” button, you are submitting a binding offer to conclude a purchase contract for the selected voucher(s). You will then immediately receive a confirmation of receipt of your order to the e-mail address you have provided. The seller accepts your order by making the ordered voucher available to you for downloading and printing (Print@ home) in the online voucher portal and by e-mail. If you select the corresponding option in the online voucher portal or after placing an order by telephone with the Hotel Edel Weiss on 0421 14 688 from Monday to Sunday 06:30-22:00, the ordered voucher can also be sent by post to the address you have provided. In the latter case, the seller is not liable for any delays in the delivery of the voucher by post. The purchase contract can be concluded in the following languages: German and English. You can correct input errors during the ordering process by pressing the “Back” button and then re-entering your details.

IV. Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods. To exercise the right to cancel, you must inform us, Hotel Edel Weiss GmbH Bahnhofsplatz 8 28195 Bremen, Deutschland, Telefax: +49 421 178 33 591, E-Mail: hotel@edelweiss-bremen.de, of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

V. Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

VI. Payment modalities

You can pay the purchase price for the voucher by credit card or online bank transfer via the payment service provider PayPal.

VII. Redemption of vouchers

These vouchers can be redeemed at Hotel Edel Weiss or Restaurant Edel Weiss as advertised. Cash payment of the voucher value is excluded. If the price of the service for which the voucher is redeemed is less than the value of the voucher, the remaining value of the voucher will be forfeited. The right to redeem the voucher expires within 3 years, unless otherwise stated.

Status: 27.07.2024

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General Terms and Conditions (GTC) of the Edel Weiss Restaurant

I. Scope of application

  1. The following General Terms and Conditions (GTC) apply to all contracts between Restaurant Edel Weiss (hereinafter referred to as the “Restaurant”) and its guests (hereinafter referred to as the “Customer”) for the provision of catering services.
  2. The customer’s terms and conditions shall only apply if this has been expressly agreed in writing in advance.
  3. The subletting or re-letting of the rooms or areas provided as well as invitations to interviews, sales or similar events require the prior consent of the restaurant, whereby § 540 para. 1 sentence 2 BGB is waived insofar as the customer is not a consumer.

 

II. Conclusion of contract, contract partners, liability, statute of limitations

  1. The contract is concluded when the restaurant accepts the customer’s request; these are the contracting parties.
  2. If the customer/orderer is not the organizer himself or if a commercial agent or organizer is engaged by the organizer, the organizer shall be jointly and severally liable with the customer for all obligations arising from the contract, provided that the restaurant has received a corresponding declaration from the organizer.
  3. The restaurant shall be liable for its obligations under the contract with the due care of a prudent businessman. Claims of the customer for damages are excluded. Excluded from this are damages resulting from injury to life, body or health if the restaurant is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by the restaurant and damages based on an intentional or negligent breach of typical contractual duties by the restaurant. A breach of duty is equivalent to that of a legal representative or vicarious agent. Should disruptions or defects occur in the restaurant’s services, the restaurant shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to do what is reasonable to remedy the disruption and minimize any possible damage. In addition, the customer is obliged to inform the restaurant in good time of the possibility of extraordinary damage.
  4. All claims against the restaurant shall generally become time-barred one year after the commencement of the regular limitation period under Section 199 (1) BGB, which is dependent on knowledge. Claims for damages shall become statute-barred after five years regardless of knowledge. The shortening of the limitation period shall not apply to claims based on an intentional or grossly negligent breach of duty by the restaurant.

III. Services, prices, payment, offsetting:

  1. The restaurant is obliged to provide the services ordered by the customer and promised by the restaurant.
  2. The customer is obliged to pay the agreed or customary prices of the restaurant for these and other services used. Unless otherwise stipulated, the prices of the respective posted or displayed menus/daily menus shall be deemed agreed.
  3. All dishes offered can be arranged or changed according to the customer’s wishes. Changes may result in prices that differ from the menus/daily menus.
  4. All prices lose their validity with the publication of a new menu / daily menu.
  5. The customer is obliged to reimburse the restaurant for services and expenses incurred by the restaurant to third parties, in particular also claims by copyright collecting societies.
  6. The agreed prices include the respective statutory value added tax. If the period between the conclusion of the contract and the event exceeds four months and the price generally charged by the restaurant for such services increases, the contractually agreed price may be increased appropriately, but by no more than 5%.
  7. Restaurant invoices are payable immediately without deduction. The restaurant is entitled to declare accrued receivables due at any time and to demand immediate payment. 8. the restaurant is entitled to demand a reasonable advance payment at any time. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
  8. The customer may only offset or reduce a claim of the restaurant with a claim that has been recognized in writing or established as final and absolute.
  9. The restaurant shall provide all agreed food and beverages in sufficient form, unless further agreements have been made in writing. There shall be no further claim for food or drinks that have run out if the full service has been provided by the restaurant. In the case of beverage packages, the restaurant may offer a replacement item or provide an appropriate replacement if this is possible and agreed arrangements have been made.
  10. If no agreements have been made regarding the duration of flat rates, the agreed flat rate shall end no later than 7 hours after the start of the event (arrival time).

IV. Reservations

  1. Reservations can be made by telephone, e-mail or via the online booking tool.
  2. A binding booking between the restaurant and the customer comes into effect when the restaurant confirms the reservation.
  3. The restaurant reserves the right to refuse or cancel reservations, in particular in the event of force majeure, non-availability of services or justified doubts about the customer’s ability or willingness to pay.
  4. Reservations for up to 8 people are automatically for a stay of 2 hours.
  5. An extension of the length of stay must be requested.
  6. Reservations for 8 or more people are automatically for a stay of 3 hours.
  7. An extension of the length of stay must be requested.
  8. Cancellations must be made in writing (by e-mail or letter) or by telephone and confirmed by Restaurant Edel Weiss.

V. Withdrawal by the customer (cancelation)

  1. Cancellation of the contract concluded with the restaurant by the customer free of charge requires the written consent of the restaurant. If this is not given, the agreed advance payment from the contract as well as services arranged with third parties must 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 restaurant. This shall not apply in the event of a breach of the restaurant’s obligation to take into account the rights, legal interests and interests of the customer, if the customer can no longer reasonably be expected to adhere to the contract as a result or is otherwise entitled to a statutory or contractual right of withdrawal.
  2. If a date for free withdrawal from the contract has been agreed in writing between the restaurant and the customer, the customer may withdraw from the contract up to that date without triggering payment or compensation claims by the restaurant. The customer’s right of withdrawal shall expire if he does not exercise his right of withdrawal in writing vis-à-vis the restaurant by the agreed date, unless a case pursuant to number 1 sentence 3 exists.
  3. If the customer only withdraws between the 8th and 4th week before the date of the event, the restaurant is entitled to charge 35% of the lost food sales, and 70% of the food sales for any later withdrawal.
  4. The calculation of food sales is based on the formula Menu price of the event x number of participants. If no price has yet been agreed for the menu, the cheapest menu of the respective valid event offer shall be used as a basis.
  5. If a conference flat rate per participant has been agreed, the restaurant is entitled to charge 60% of the conference flat rate x agreed number of participants in the event of cancellation between the 8th and 4th week before the date of the event, and 85% in the event of later cancellation.
  6. The deduction of saved expenses is taken into account in points 3 and 5. The customer is free to prove that the above-mentioned claim did not arise or did not arise in the amount claimed.

VI. Resignation of the restaurant

  1. If the customer’s right to withdraw from the contract free of charge within a certain period has been agreed in writing, the restaurant is entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked rooms and the customer does not waive his right to withdraw from the contract when asked by the restaurant.
  2. If an agreed advance payment or an advance payment demanded in accordance with Clause III No. 5 above is not made, the restaurant is also entitled to withdraw from the contract.
  3. Furthermore, the restaurant is entitled to withdraw from the contract for objectively justified reasons, for example if – force majeure or other circumstances for which the restaurant is not responsible make it impossible to fulfil the contract, – events are booked under misleading or false statements of material facts, e.g. the customer or purpose, the restaurant has reasonable grounds to believe that the events may jeopardize the smooth running of the business, the security or the reputation of the restaurant in public, without this being attributable to the restaurant’s sphere of control or organization. – There is a breach of clause I no. 2 above.
  4. In the event of justified withdrawal by the restaurant, the customer shall not be entitled to compensation.

VII. Changes to the number of participants and the time of the event

  1. A change in the number of participants by more than 5% must be notified to the restaurant at least five working days before the start of the event and requires the written consent of the restaurant.
  2. A reduction in the number of participants by the customer by a maximum of 5% shall be recognized by the restaurant when invoicing. In the event of deviations exceeding this, the originally agreed number of participants less 5% shall be taken as the basis. The customer has the right to reduce the agreed price by the expenses saved as a result of the lower number of participants, to be proven by the customer.
  3. In the event of an upward deviation, the actual number of participants will be charged.
  4. If the number of participants deviates by more than 10%, the restaurant is entitled to redetermine the agreed prices and to exchange the confirmed rooms.
  5. If the agreed start or end times of the event are postponed and the restaurant agrees to these deviations, the restaurant may charge a reasonable amount for the additional readiness to perform, unless the restaurant is at fault.

VIII. Bringing food and drinks

  1. The customer may not bring food and drinks to events.

IX. Technical equipment and connections

  1. Insofar as the restaurant procures technical or other equipment from third parties for the customer at the customer’s request, it shall act in the name, on behalf of and for the account of the customer. The customer shall be liable for the careful handling and proper return of the equipment. The customer shall indemnify the restaurant against all third-party claims arising from the provision of such equipment.
  2. The use of the customer’s own electrical equipment using the restaurant’s electricity network requires the restaurant’s written consent. Any faults or damage to the restaurant’s technical equipment caused by the use of these devices shall be borne by the customer, unless the restaurant is responsible for them. The restaurant may record and charge a flat rate for the electricity costs arising from the use of the equipment.
    With the consent of the restaurant, the customer is entitled to use his own telephone, fax and data transmission equipment. The restaurant may charge a connection fee for this.
  3. If suitable restaurant equipment remains unused due to the connection of the customer’s own equipment, a default fee may be charged.
  4. Faults in technical or other equipment provided by the restaurant will be rectified immediately if possible. Payments may not be withheld or reduced insofar as the restaurant is not responsible for these faults.

X. Loss of or damage to items brought along

  1. Any exhibits or other items, including personal items, are kept in the event rooms or in the restaurant at the customer’s risk. The restaurant accepts no liability for loss, destruction or damage, including for financial losses, except in cases of gross negligence or intent on the part of the restaurant. Excluded from this are damages resulting from injury to life, limb or health. In addition, 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.
  2. Any material brought in must comply with fire protection requirements. The restaurant is entitled to demand official proof if necessary. If such proof is not provided, the restaurant shall be 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 restaurant in advance.
  3. Exhibits and other items brought along must be removed immediately after the end of the event. If the customer fails to do so, the restaurant may remove and store the items at the customer’s expense. If the items remain in the event room, the restaurant may charge a reasonable compensation for use for the duration of their retention. The customer is at liberty to prove that the above-mentioned claim did not arise or did not arise in the amount demanded.

XI. Liability of the customer for damages

  1. The customer shall be liable for all damage to buildings or inventory caused by event participants or visitors, employees, other third parties from his area or himself.
  2. The restaurant may require the customer to provide appropriate security (e.g. insurance, deposits, guarantees).

XII. Special provisions for contracts for the supply of food and beverages outside the restaurant premises

  1. In the case of contracts with customers for the delivery of food and beverages to a delivery address specified by the customer, in particular for events outside the restaurant premises, Sections II. and III. shall apply accordingly.
  2. The food on offer is prepared by arrangement on all days of the week, including Sundays and public holidays.
  3. In the case of delivery, pro rata travel costs of € 1.50/km will be charged, unless otherwise agreed.
  4. The delivery ordered up to 24 hours before the start of the event shall be deemed to have been agreed with regard to both the type of food and beverages and the quantity ordered or the number of persons to be served.
  5. All reusable items are only provided on loan and must be returned cleaned the following day, otherwise cleaning costs will be charged or, in the event of damage/loss, the replacement value will be invoiced.
  6. The invoice enclosed with the delivery is payable immediately without deduction, in cash at the respective supplier, by EC-Cash or cash on return of the dishes on the following day or by bank transfer to the account stated on the invoice within seven days. The restaurant is entitled to declare accrued receivables due at any time and to demand immediate payment.

XIII. Final provisions

  1. Amendments or additions to the contract, the acceptance of the application or these terms and conditions as well as the waiver of the written form requirement must be made in writing. Unilateral amendments or additions by the customer are invalid.
  2. The place of performance and payment is the registered office of the restaurant.
  3. The exclusive place of jurisdiction – also for disputes relating to checks and bills of exchange – in commercial transactions is the registered office of the restaurant. If a contractual partner fulfills the requirements of § 38 para. 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the restaurant.
  4. The customer shall be liable for all damage to buildings or inventory caused by event participants or visitors, employees, other third parties from his area or himself.
  5. Should individual provisions of these General Terms and Conditions for Events be invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.

Status 27.07.2024

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