Terms and conditions
I. Scope of application
- denkmalneu.gastgeber GmbH rents out holiday apartments/suites as well as conference, banquet and restaurant rooms and their outdoor areas including catering and all related services in its own name as a commercial intermediate tenant.
- These General Terms and Conditions apply exclusively to all contents of the contract. Other terms and conditions shall only become part of the contract if denkmalneu.gastgeber GmbH expressly agrees to them. The denkmalneu.gastgeber GmbH does not have to object to such conditions.
II. General conclusion of contract/contents of contract
- All offers made by denkmalneu.gastgeber GmbH are non-binding. A contract is only concluded if denkmalneu.gastgeber GmbH confirms the services requested/offered in writing and the customer confirms this in writing.
- The contractual partners are denkmalneu.gastgeber GmbH and the customer.
- If the customer acts on behalf of a third party, the customer must notify this in writing, stating the name/company name, address and an authorised representative of the third party. The customer is jointly and severally liable with the third party.
- Subletting the contractual units or passing them on to third parties is only possible with the written consent of denkmalneu.gastgeber GmbH.
- Employees of denkmalneu.gastgeber GmbH are not authorised to make verbal contractual agreements or make changes to the terms and conditions of business.
- The contract or booking conditions apply, which are communicated to the customer when the offer or contract is sent.
- The organizer and his employees or guests are not allowed to bring their own food and drinks to events. This requires prior agreement with denkmalneu.gastgeber GmbH.
III. Service, prices and payment
- denkmalneu.gastgeber GmbH is obliged to make the booked contractual units available for the agreed period.
- All prices are in Euro.
- The customer is obliged to pay the agreed price.
- The prices according to the contract or booking conditions apply.
- If the period between conclusion of the contract and use of the contractual units exceeds more than six months, denkmalneu.gastgeber GmbH reserves the right to increase prices by 4 %, e.g. due to an increase in purchase prices, wage costs or value-added tax.
- The contractual units may only be used by the number of guests/participants specified in the contract or booking confirmation. Further guests/participants must be notified to denkmalneu.gastgeber GmbH in accordance with the terms of the contract and booking conditions.
- The number of guests/participants specified in the contract is binding and serves as the basis for the price calculation. Excluded is the exceeding of the contractually agreed number of guests/participants. In the event of substantial changes, denkmalneu.gastgeber GmbH reserves the right to recalculate the prices.
- For events, denkmalneu.gastgeber GmbH charges a service fee of 150.00 EUR from 00:00 o'clock at night. This can be booked up to a maximum of 3:00 a.m. at night.
- denkmalneu.gastgeber GmbH is entitled to demand an advance payment or security deposit upon conclusion of the contract. The amount is determined by the contract or booking conditions.
- In justified cases, e.g. payment arrears on the part of the customer, denkmalneu.gastgeber GmbH may refuse further services.
- Invoices from denkmalneu.gastgeber GmbH must be paid without deduction within seven days of the invoice being sent. In the event of default in payment, denkmalneu.gastgeber GmbH is entitled to charge a lump sum (late payment surcharge, processing fee) of 25.00 EUR.
- Any accommodation taxes, bed taxes or visitor's tax levied by the city will also be levied and paid.
IV. Withdrawal by the customer
- Withdrawal by the customer can only be made in writing and requires confirmation from denkmalneu.gastgeber GmbH. If this is not done, denkmalneu.gastgeber GmbH may assert claims that have come about through the maintenance of the contract.
- The day on which denkmalneu.gastgeber GmbH has confirmed the withdrawal shall be deemed the date of withdrawal.
- The last free withdrawal date results from the contract or booking conditions. The customer's right to withdraw free of charge expires if he does not claim his right to withdraw by the agreed date.
- The amount of the cancellation fee is determined by the contract or booking conditions.
- In the event of premature termination (e.g. premature departure) of the booked services, denkmalneu.gastgeber GmbH may assert claims in accordance with the contract or booking conditions.
- All services which have not been cancelled by the date of arrival or the start of the event shall be considered as No Show and shall be invoiced in accordance with the terms and conditions of the contract or booking.
V. Cancellation by the hotel
- In addition to the customer, denkmalneu.gastgeber GmbH also has the right to withdraw from the contract in accordance with the withdrawal agreements resulting from the contractual or booking conditions sent to the customer, e.g. in the event of non-payment of the contractually agreed advance payment or suspicion of non-existent creditworthiness.
- If denkmalneu.gastgeber GmbH cannot guarantee the booked services due to force majeure, the customer has no claim to compensation.
- If the customer misuses the booked services, denkmalneu.gastgeber GmbH can withdraw from the contract with immediate effect.
VI. Provision, transfer and return of the services
- The holiday apartments/suites are available to the customer from 15:00 on the day of arrival and until 11:00 on the day of departure. Early occupation or delayed evacuation of the holiday apartments/suites is only possible with the consent of denkmalneu.gastgeber GmbH.
- In the event of late evacuation of the holiday apartments/suites, denkmalneu.gastgeber GmbH will charge 50 % of the agreed gross logistics price by 2 p.m. and 100 % of the agreed gross logistics price from 2 p.m. onwards.
- Should the customer not be able to receive the booked services at the contractually agreed time, he must inform denkmalneu.gastgeber GmbH, but no later than three hours before arrival or the start of the event. Any fees incurred for this shall be governed by the terms and conditions of the contract or booking.
- All booked services are available to the customer in accordance with the contract or booking conditions.
VII. Duties of care
- The customer must treat the contractual units and furnishings with care. The customer has to compensate culpably caused damage. Upon acceptance of the contractual units, the customer is obliged to check the equipment for completeness and fitness for use and to notify denkmalneu.gastgeber GmbH immediately of any complaints. The customer must also report any damage occurring during the term of the contract without delay.
VIII. House rules
- Smoking is strictly prohibited in all holiday apartments/suites, conference, banquet and restaurant rooms and public areas.
- The parking of garbage in the corridors and on the balconies is forbidden.
- When using the available washroom, ensure that the units are used properly in accordance with the operating instructions on the display.
- The night rest in the time from 10 pm to 7 am is to be kept.
- When using musical instruments, music systems and television sets, always keep the volume at room level.
- The holiday flats/suites must not be used to store any fuel or combustibles, e.g. petrol.
- In case of rain and storm the windows have to be closed.
- Objects that could cause a blockage may not be brought into the toilet or other drains.
- Animals are not allowed in all conference, banquet and restaurant rooms.
IX. Disclaimer of liability
- denkmalneu.gastgeber GmbH is liable for items brought into the holiday flats/suites in accordance with the statutory provisions. Thereafter, liability shall be limited to one hundred times the gross logistics price, but no more than EUR 3,500.00 and, in deviation for money, securities and valuables, no more than EUR 800.
- The customer shall be liable for any items brought in at events.
- Decorative material, music systems and other objects may only be brought in after consultation with denkmalneu.gastgeber GmbH. The items must be removed immediately after the end of the event. If the customer fails to comply with this obligation, denkmalneu.gastgeber GmbH shall be entitled to charge additional fees (e.g. room rental).
- The customer must ensure that the noise protection regulations of the city in which the contractual unit is located are observed for music systems installed. Additional set-up and dismantling must be agreed with denkmalneu.gastgeber GmbH up to two days before the start of the event.
- The firing of fireworks and any open fire is strictly prohibited.
X. Final provisions
- Changes and additions to the contract and booking conditions or these general terms and conditions must be made in text form. Unilateral changes by the customer are ineffective.
- The place of performance and payment is the location of the booked contract units.
- German law and its statutory provisions shall apply. The UN Convention on Contracts for the International Sale of Goods shall not apply.
- Should individual provisions of these General Terms and Conditions be or become null and void, the validity of the remaining provisions shall not be affected.
denkmalneu.gastgeber Sachsen GmbH
83670 Bad Heilbrunn
Executive director: Thomas Scherer