Terms and Conditions
General Terms and Conditions of Jagdschloss Kranichstein
Bilfinger Corporate Real Estate Management GmbH
1. Contract conclusion
The contract with the Customer (uniform term for: participants of seminars, ordering parties, organisers, guests etc.) is concluded via the order or booking confirmation issued by Jagdschloss Kranichstein (hereinafter referred to as KS). These General Terms and Conditions are part of the contract and apply to all the services rendered by KS, in particular the provision of bedrooms, conference rooms or banquet halls and the attendance of seminars (hereinafter together referred to as “provision of services”). If a third party places the order on behalf of a Customer, the former and the latter shall be jointly and severally liable vis-à-vis KS. KS may demand that the Customer and/or third party make a reasonable advance payment. Any type of sub-agency is subject to the written consent of KS. General terms and conditions of the Customer are not accepted.
2. Arrival and departure
Booked bedrooms are available to the Customer from 4 p.m. (check-in time). Bedrooms must be vacated by no later than 12 noon on the day of departure (check-out time).
The Customer does not acquire a right to be provided particular hotel bedrooms or other rooms. If particular bedrooms or other rooms were promised in the order confirmation and are then not available, KS is obliged to endeavour to provide substitute bedrooms or other rooms of equivalent value within the house or in other properties.
3. Validity of prices
The prices are determined in accordance with the price list that is valid at the time the services are rendered. If fixed prices are stated in the order confirmation and if a period of more than 4 months has passed between contract conclusion and rendering the services, KS is entitled to change prices.
Bookings that initially bind only KS (options), including those in favour of a Customer who is a tour organiser, become forfeited, if the Customer fails to convert such an option into a firm booking within the agreed option period.
5. Withdrawal by the Customer (cancellations, termination)
The agreed compensation for services booked or ordered has to be paid even if the booking is cancelled by the Customer. Here, receipt of the notice of withdrawal by KS shall be decisive. The Customer must declare his or her withdrawal in writing. KS is entitled to calculate the claim to compensation in accordance with the following general structure in a percentage rate of the agreed price.
Booking of events:
No cancellation fee will be charged if an event is cancelled up to eight weeks before it is due to commence. A cancellation fee amounting to 20% of the agreed revenue will be charged if an event is cancelled up to six weeks before it is due to commence. A cancellation fee amounting to 50% of the agreed revenue will be charged if an event is cancelled up to four weeks before it is due to commence. A cancellation fee amounting to 100% of the agreed revenue will be charged if an event is cancelled less than four weeks before it is due to commence. The hotel must be notified of the final number of participants no later than eight working days before the event is due to commence. In the event that more guests attend, the actual number of guests will be charged. In the event that less guests attend, the invoice will be based on the announced number of participants.
No cancellation fee will be charged if rooms are cancelled up to eight weeks before arrival. Individual overnight stays that were booked from the room allotment may be cancelled at no cost until one week before arrival. 90% of the agreed room price will be charged for reservations that are cancelled less than one week before arrival.
6. Withdrawal by KS
a. If a right to terminate the contract within a certain period was granted to the Customer in writing, KS is also entitled to terminate the contract within this period, if KS receives enquiries by other customers for the contractually booked rooms and the Customer does not waive its termination right upon the request of KS.
b. KS is also entitled to terminate the contract, if an agreed advance payment is not paid, even after KS has set a reasonable grace period and threatened to refuse the order.
c. KS is further entitled to terminate the contract for extraordinary reasons that are justified by certain facts, for example if:
- force majeure or any other circumstances for which KS is not responsible render fulfilment of the contract impossible.
- services were booked on the basis of misleading or incorrect representations regarding material facts, e.g. the person of the Customer or the purpose.
- KS has justified reason to believe that the use of the services could endanger smooth operations, the safety or the reputation of KS in the public without this effect being within the control or the organisational responsibility of KS.
d. KS shall inform the Customer of any exercise of its right to terminate the contract without undue delay.
e. If KS is entitled to terminate the contract, the Customer has no claim to compensation of damage.
7. Prices and payment terms
All prices are gross prices including the currently applicable VAT as prescribed by law.
Invoices that are not due on a certain calendar date, are payable immediately upon receipt of the invoice without any deductions. A collection fee of EUR 5.00 is owed for every reminder that is sent after the Customer is in arrears.
As from a net order value of EUR 5,000.00, KS is entitled to issue an invoice for an advance payment in the amount of 60% of the net order amount following confirmation of the order.
As from a net order value of EUR 5.000,00 or more that are paid by the clients credit card the KS is entitled to charge 2% of the open and due amount as a payment fee.
For confirmed wedding receptions, a prepayment of 30% of the confirmed revenue will be due by 10 working days prior to arrival.
8. Number of participants
The Customer shall inform KS of the number of seminar participants at least eight working days before the date on which the services are to be rendered. If less participants attend, the Customer shall make its payment in accordance with the number announced. If more participants attend, the invoice will be prepared in accordance with the services actually rendered.
9. Duration of events
KS may charge additional expenses for events that exceed the contractually agreed duration, in particular for follow-up events and staff.
The Customer is, as a rule, prohibited from bringing food and beverages to events. In exceptional cases (e.g. national specialities), the parties may conclude a written agreement in this respect; at least, however, KS will charge a service or corkage fee.
Newspaper advertisements, other advertising measures and publications that refer to KS and/or contain for example invitations to job interviews or sales events are, as a matter of principle, subject to KS’ written consent. If such a publication is made without such consent and if this impairs material interests of KS, KS is entitled to cancel the event. In this case, item 5 of the General Terms and Conditions shall apply.
a. KS is liable for applying the care of a prudent business person. If there are any disturbances or defects with regard to the services of KS, KS will endeavour to remedy this. The Customer is obliged to cooperate as far as this is reasonable to put an end to any disturbance or keep possible damage as small as possible. The Customer is only entitled to reduce the agreed compensation in case of material defects.
b. The period of limitation for Customer claims is 6 months, as from the departure contract (termination of the contract) by the Customer.
c. To the extent that KS procures technical or other equipment from third parties on behalf of the Customer, KS acts in the name and on the account of the Customer; the Customer shall be liable for careful treatment and due return of the equipment and shall indemnify KS against all and any third party claims arising from such provision of equipment.
d. If the Customer is provided a parking space on the premises, this does not constitute a custody agreement. KS is not liable for loss or damage of vehicles parked or moved on the premises and their contents, unless in cases of deliberate acts or gross negligence.
e. KS will treat any messages, mail and goods deliveries for the attention of the Customer with the care of a prudent business person. KS undertakes to safe-keep, deliver and - for a fee if requested - redirect such messages, mail or goods deliveries.
f. Forgotten items of the Customer are only sent to the Customer upon the latter’s request and at the latter’s risk and cost. KS will keep the items for six months and will charge a reasonable fee for this. After this period, any items that have an obvious value will be handed over to the local lost-and-found office.
g. KS, its legal representatives or vicarious agents shall be liable to an unlimited extent for any culpable injuries to life, limb or health and to the extent that deliberate acts or gross negligence on the part of KS, its legal representatives or its vicarious agents are concerned. KS is furthermore liable up to the amount of the typically foreseeable damage for damages that were culpably caused by KS, its legal representatives or its vicarious agents through violation of material contractual duties. In these cases, the liability is limited in the merits and the amount to three times the respective contract volume (prices for hotel accommodation, food, etc.). The liability of KS as described above shall be conclusive and KS has no liability beyond this scope. These liability limitations shall apply to all claims for damages irrespective of the legal ground. They do not, however, limit any mandatory liability pursuant to the laws or liability for any guarantees that were assumed. In cases of force majeure, i.e. circumstances that are beyond the control of KS, KS shall be released from its obligation to render services.
h. In the hotel’s event area and in the public areas, the hotel (Jagdschloss Kranichstein) accepts absolutely no liability for any items brought to the premises by customers and their guests. This applies in particular to wedding gifts and valuable objects brought by customers such as electronic devices of all kinds and purses/wallets.
13. Data safety (only if the DP room is used)
The Customer undertakes vis-à-vis KS to refrain from installing any software from external sources on the computers in the DP room and to refrain from downloading any installed software, unless KS expressly grants its consent to such action in writing.
14. Final provisions
a. Any deviating agreements or side agreements require written form to be valid. The same applies to any modification or cancellation of the written form requirement. The registered office of KS is the place of performance for both parties.
b. If our Customer is a businessperson, the place of jurisdiction is Darmstadt, Germany. We are, however, also entitled to sue the Customer in the courts at its place of residence or registered office. Exclusively German law is applicable; the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
c. If individual provisions of these General Terms and Conditions for admission to the Jagdschloss Kranichstein are or become invalid or void, this shall not affect the validity of the remaining provisions. In such cases, the invalid provision shall be reinterpreted or supplemented in such a way that it is as near as possible to the intended economic purpose. Otherwise, the legal provisions shall apply.