Hotel Esperanto Außenansicht grau

General terms and conditions


GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT (in German AGBH) FOR THE HOTEL ESPERANTO KONGRESS- UND KULTURZENTRUM FULDA GMBH & CO. KG

 

I. SCOPE OF APPLICATION

  1. These Terms and Conditions of Business apply to contracts for the rental of hotel rooms for lodging purposes as well as all other services and supplies provided by the Hotel for the Customer in this connection (Hotel Accommodation Contract). In this context, the term "Hotel Accommodation Contract" includes and replaces the terms listed in the following: Accommodation, guest accommodation, hotel or hotel room contract.
  2. The subletting or re-letting of the rooms made available and their use for purposes other than accommodation shall require the prior consent of the Hotel in writing, whereby § 540(1)(2) of the German Civil Code (BGB) shall be waived insofar as the Customer is not a consumer.
  3. The Customer's General Terms and Conditions of Business shall only apply if this has been expressly agreed in writing beforehand.

 

II. CONCLUSION OF CONTRACT, CONTRACTING PARTIES, LIMITATION PERIOD

  1. The Contract shall come into effect upon acceptance of the offer – which was made by the Hotel to the Customer at the Customer's request; the Customer and the Hotel are the contracting parties. The Hotel is entitled to confirm the room booking in writing.
  2. The contracting parties are the Hotel and the Customer. If a third party has placed an order on behalf of the Customer, the third party 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 the Hotel has a corresponding declaration by the third party.
  3. In principle, all claims against the Hotel shall become time-barred one year after the commencement of the statutory limitation period (§ 199(1) BGB). Claims for damages become statute-barred after five years, irrespective of knowledge, unless they are based on injury to life, body, health or freedom. Such claims for damages become statute-barred after ten 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.

 

III. SERVICES, PRICES, PAYMENTS, AND OFFSETS

  1. The Hotel is obliged to keep the rooms booked by the Customer ready and to provide the agreed services.
  2. The Customer shall be obliged to pay the agreed or applicable Hotel prices for the room rental and the other services used by the Customer. This principle also applies to the services and expenses of the hotel to third parties initiated by the customer. The agreed prices include the respectively applied statutory value added tax (in German Mehrwertsteuer). In the event the period between the conclusion of the contract and the fulfilment of the same exceeds four months and the general price charged by the hotel for such kind of services increases, the hotel is entitled to increase the contractually agreed price appropriately, but by no more than 10%.
  3. Furthermore, the prices may 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 said changes.
  4. The Hotel may make its consent to a subsequent reduction requested by the Customer in the number of rooms booked, the Hotel's services or the Customer's length of stay conditional upon an increase in the price of the rooms and/or the Hotel's other services.
  5. The Hotel's invoices shall be payable and due without any due date immediately upon receipt of the invoice without deduction. The Hotel may demand immediate payment of due claims from the Customer at any time. In the event of default in payment, the Hotel shall be entitled to charge the respectively applicable statutory default interest in the amount of currently 8% or, in the case of legal transactions involving a Consumer, in the amount of 5% above the base interest rate. The hotel reserves its right to provide evidence of a higher damage.
  6. Upon conclusion of the contract, the Hotel shall be entitled to demand from the Customer a reasonable advance payment or collateral in the form of a credit card guarantee, a deposit or similar. The amount of the advance payment and the payment dates can be agreed in the contract in writing. In the case of advance payments or collateral security for package tours, the statutory provisions shall remain unaffected.
  7. In justified cases, e.g. outstanding payments by the Customer or extension of the scope of the contract, the Hotel shall be entitled, even after conclusion of the contract and up to the commencement of the stay, to demand an advance payment or collateral security within the meaning of the above Number 6 or an increase in the advance payment or collateral security agreed in the contract up to the full agreed remuneration.
  8. Moreover, the Hotel shall be entitled, at the beginning of and during the stay, to demand from the Customer a reasonable advance payment or collateral security within the meaning of the above Number 6 for existing and future claims under the contract, unless such advance payment or collateral security has already been provided in accordance with the above Number 6 and/or 7.
  9. The Customer may only offset or set off an undisputed or legally valid claim against a claim of the Hotel, which requires the Hotel's consent in writing.

 

IV. CHANGE IN THE VAT RATE OR OTHER TAXES / LEVIES / CHARGES (E.G. LEVYING OF A BED TAX)

  1. The agreed prices include the taxes and local charges applicable at the time of conclusion of the contract. Not included are local taxes that are owed by the guest himself according to the respective municipal law, such as visitor's tax. In the event of a change in the statutory VAT rate or the introduction, amendment or removal of local levies (e.g. if a decision is made to introduce a bed tax) on the object of performance after conclusion of the contract, prices shall be adjusted accordingly.

 

V. RESCISSION BY THE CUSTOMER (CANCELLATION, TERMINATION) / NON-UTILISATION OF THE HOTEL'S SERVICES (NO SHOW)

  1. Any rescission by the Customer of the contract concluded with the Hotel requires the Hotel's consent in writing. If this does not take place, the agreed price from the contract must be paid even if the Customer does not make use of contractual services. The Customer has the right to cancel its individual reservation free of charge until 6 p.m. on the day before arriving. For packages, the deadline for free cancellation is 3 days before arrival.
  2. Provided that the Hotel and the Customer have agreed in writing on a date for free rescission of the contract, the Customer may rescind the contract up to that date without incurring payment or damage compensation claims by the Hotel. The Customer's right of rescission shall expire if he does not exercise in writing the right of rescission vis-à-vis the Hotel by the agreed date.
  3. In the case of rooms not used by the Customer, the Hotel shall set off the income from renting said rooms to other parties and the expenses saved. If the rooms are not let to another party, the Hotel may demand the contractually agreed remuneration and make a flat rate deduction for expenses saved by the Hotel. In this case the Customer is obliged to pay at least 90% of the contractually agreed price for bed and breakfast, 70% for half board and 60% for full board packages. The Customer is at liberty to prove that the aforementioned claim has not arisen or has not arisen in the required amount.

 

VI. RESCISSION BY THE HOTEL

  1. To the extent that it has been contractually agreed that the Customer may rescind the contract free of charge within a certain period of time, the Hotel shall be entitled to rescind the contract for its part during this period if there are enquiries from other customers regarding the contractually booked rooms and the Customer does not waive its right of rescission upon inquiry by the Hotel. This shall apply mutatis mutandis if an option is granted, if there are other enquiries and the Customer is not prepared to make a definite booking in response to queries from the Hotel.
  2. In the event that an agreed advance payment or security deposit, or an advance payment or security deposit required pursuant to Section III (6) and/or (7) above, is not made even after a reasonable grace period set by the Hotel has expired, the Hotel shall likewise be entitled to rescind the contract.
  3. Furthermore, the Hotel shall be entitled to extraordinarily rescind the contract for objectively justified reasons, for example if – force majeure or other circumstances beyond the Hotel's control make performance of the contract impossible; – rooms or premises are culpably booked under misleading or false statements or withholding of substantial factors; substantial factors in this regard may be the Customer's identity, solvency or the purpose of the stay; – the Hotel has reasonable cause to believe that the use of the Hotel's services may jeopardise the smooth running of the business, the security or the public reputation of the Hotel, without this being attributable to the Hotel's sphere of control or responsibility; – the purpose or occasion of the stay is unlawful; – a breach of the above-mentioned Section I (2) above exists.
  4. In the event of justified rescission by the Hotel, the Customer shall have no claim to damages.

 

VII. ROOM PROVISION, CHECK-IN AND CHECK-OUT

  1. The Customer does not acquire any claim to the provision of specific rooms unless this has been expressly agreed in writing.
  2. Booked rooms are available to the Customer from 2 p.m. on the agreed day of arrival. The Customer has no right to earlier provision. Unless a later arrival has been expressly agreed or the room in question has been paid for in advance, the Hotel shall be entitled to re-allocate booked rooms after 6 p.m. without the Customer being able to derive any claim against the Hotel from this.
  3. On the agreed day of departure the rooms must be vacated and made available to the Hotel no later than 10 a.m. Subsequently, the Hotel may charge 50% of the full price of the room (list price) for its use beyond the scope of the contract until 6 p.m. due to the late vacating of the room, and 100% from 6 p.m. onwards. Contractual claims of the customer are not justified by this. The Customer is at liberty to prove that the Hotel has no or a substantially lower claim to a usage fee.

 

VIII. LIABILITY OF THE HOTEL

  1. The Hotel shall be liable for its obligations under the Contract. Claims of the Customer for damages are excluded. Excluded from this are damages arising from injury to life, body or health if the Hotel is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by the Hotel and damages based on an intentional or negligent breach of duties typical of the Contract by the Hotel. A breach of duty by the Hotel shall be equivalent to a breach of duty by a legal representative or vicarious agent. Should disruptions or defects in the Hotel's services occur, the Hotel shall make every effort to remedy them as soon as it becomes aware of them or upon the Customer's immediate complaint. The Customer is obliged to do what is reasonable for him to contribute to remedy the disruption and to keep possible damage to a minimum.
  2. The Hotel shall be liable to the Customer for items brought in in accordance with the statutory provisions. The hotel recommends using the hotel or room safe. If the Customer wishes to deposit money, securities and valuables with a value of more than EUR 800 or other items with a value of more than EUR 3,500, this shall require a separate safekeeping contract with the Hotel.
  3. Insofar as the Customer is provided with a parking space in the hotel's own parking garage or in a hotel car park, even if this is paid for, this does not constitute a safekeeping agreement; in all other respects, the parking regulations displayed in the hotel's own parking garage shall apply. The Hotel shall not be liable for loss of or damage to motor vehicles parked or manoeuvred on the Hotel's property and their contents, except in cases of intent or gross negligence. For the exclusion of the Customer's claims for damages, the provision of the above Number 1, Sentences 2 to 3 shall apply accordingly.
  4. Wake-up requests are carried out by the Hotel with the utmost care. Messages, mail and consignments of goods for guests are handled with care. The Hotel will take care of delivery, storage and – if desired – forwarding of the same for a fee. For the exclusion of the Customer's claims for damages, the provision of the above Number 1, Sentences 2 to 3 shall apply accordingly.

 

IX. FINAL PROVISIONS

  1. Amendments and supplements to the Contract, the acceptance of applications or these General Terms and Conditions shall be made in writing. Unilateral changes or additions by the Customer are invalid.
  2. Place of performance and payment as well as exclusive place of jurisdiction – also for cheque and bill of exchange disputes – is Fulda in commercial transactions. Insofar as a contractual partner fulfils the requirements of § 38(2) ZPO (German Code of Civil Procedure) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be Fulda.
  3. The applicable law is the German Law. The application of UN sales law and conflict of laws is excluded.
  4. 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, statutory provisions shall apply. Update: 8 May 2012 (these Terms and Conditions replace previous versions)

GENERAL TERMS AND CONDITIONS FOR EVENTS (in German AGBV) HOTEL ESPERANTO KONGRESS- UND KULTURZENTRUM FULDA GMBH & CO. KG 

 

I. SCOPE OF APPLICATION

  1. These Terms and Conditions shall apply to contracts for the rental of conference, banquet and event rooms of the Hotel for the purpose of holding events such as banquets, seminars, meetings, exhibitions and presentations, etc., as well as to all other services and supplies of the Hotel provided to the Customer in this connection.
  2. The subletting or re-letting of the rooms, areas or cabinets provided as well as the invitation to trade fairs or similar events shall require the prior consent of the Hotel in text form, whereby § 540(1) sentence 2 BGB (German Civil Code) shall be waived insofar as the Customer is not a Consumer.
  3. The Customer's General Terms and Conditions of Business shall only apply if this has been expressly agreed in writing beforehand.

 

II. CONCLUSION OF CONTRACT, CONTRACTING PARTIES, LIABILITY, LIMITATION PERIOD

  1. The Contract shall come into effect upon acceptance of the offer – which was made by the Hotel to the Customer at the Customer's request; the Customer and the Hotel are the contracting parties. The Hotel is entitled to confirm the booking of the event in writing.
  2. If the Customer/Orderer is not the Organiser himself or if a commercial agent or promoter is engaged by the Organiser, the Organiser shall be liable jointly and severally with the Customer for all obligations under the Contract, provided the Hotel has received a corresponding declaration from the Organiser.
  3. The Hotel shall be liable for its obligations under the Contract. Claims of the Customer for damages are excluded. Excluded from this are damages arising from injury to life, body or health if the Hotel is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by the Hotel and damages based on an intentional or negligent breach of duties typical of the Contract by the Hotel. A breach of duty by the Hotel shall be equivalent to a breach of duty by a legal representative or vicarious agent. Should disruptions or defects in the Hotel's services occur, the Hotel shall make every effort to remedy them as soon as it becomes aware of them or upon the Customer's immediate complaint. The Customer is obliged to do what is reasonable for him to contribute to remedy the disruption and to keep possible damage to a minimum. In all other respects, the Customer shall be obliged to notify the Hotel in a timely manner of the possibility of exceptionally high damages.
  4. In principle, all claims against the Hotel shall become time-barred one year after the commencement of the statutory limitation period (§ 199(1) BGB). Claims for damages become statute-barred after five years, irrespective of knowledge, unless they are based on injury to life, body, health or freedom. Such claims for damages become statute-barred after ten 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.

 

III. SERVICES, PRICES, PAYMENTS, AND OFFSETS

  1. The Hotel is obliged to provide the services ordered by the Customer and promised by the Hotel.
  2. The Customer shall be obliged to pay the Hotel's agreed or applicable prices for these and other services used. This shall also apply to services and expenses of the Hotel to third parties initiated by the Customer, in particular also to claims of copyright collecting societies. The agreed prices include the respectively applied statutory value added tax (in German Mehrwertsteuer). In the event the period between the conclusion of the contract and the fulfilment of the same exceeds four months and the general price charged by the hotel for such kind of services increases, the hotel is entitled to increase the contractually agreed price appropriately, but by no more than 10%.
  3. The Hotel's invoices shall be payable and without any due date immediately upon receipt of the invoice without deduction. The Hotel may demand immediate payment of due claims from the Customer at any time. In the event of default in payment, the Hotel shall be entitled to charge the respectively applicable statutory default interest in the amount of currently 8% or, in the case of legal transactions involving a Consumer, in the amount of 5% above the base interest rate. The hotel reserves its right to provide evidence of a higher damage.
  4. Upon conclusion of the contract, the Hotel shall be entitled to demand from the Customer a reasonable advance payment or collateral in the form of a credit card guarantee, a deposit or similar. The amount of the advance payment and the dates of payment may be agreed in the contract in writing (in general, the Hotel shall require a security deposit of 70% of the calculated turnover volume from a turnover volume of EUR 10,000.00 on the total invoice, from the Customer).
  5. In justified cases, e.g. outstanding payments by the Customer or extension of the scope of the contract, the Hotel shall be entitled, even after conclusion of the contract and up to the commencement of the event, to demand an advance payment or collateral security within the meaning of the above Number 4 or an increase in the advance payment or collateral security agreed in the contract up to the full agreed remuneration.
  6. The Customer may only offset or set off an undisputed or legally valid claim against a claim of the Hotel, which requires the Hotel's consent in writing.

 

IV. CHANGE IN THE VAT RATE OR OTHER TAXES / LEVIES / CHARGES (E.G. LEVYING OF A BED TAX)

  1. The agreed prices include the taxes and local charges applicable at the time of conclusion of the contract. Not included are local taxes that are owed by the Customer himself according to the respective municipal law, such as visitor's tax. In the event of a change in the statutory VAT rate or the introduction, amendment or removal of local levies (e.g. if a decision is made to introduce a bed tax) on the object of performance after conclusion of the contract, prices shall be adjusted accordingly.

 

V. RESCISSION BY THE CUSTOMER (CANCELLATION, TERMINATION)

  1. Any rescission by the Customer of the contract concluded with the Hotel requires the Hotel's consent in writing. If this does not take place, the agreed room rent 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 further renting is no longer possible. This shall not apply in the event of a breach of the Hotel's obligation to take account of the Customer's rights, legal interests and interests if the Customer can no longer be reasonably expected to adhere to the Contract as a result or if the Customer has any other statutory or contractual right of rescission.
  2. Provided that the Hotel and the Customer have agreed in writing on a date for free rescission of the contract, the Customer may rescind the contract up to that date without incurring payment or damage compensation claims by the Hotel. The Customer's right of rescission shall expire if he does not exercise in writing the right of rescission vis-à-vis the Hotel by the agreed date.
  3. The food sales are calculated according to following formula: Agreed food sales x number of participants. If no price has yet been agreed for the choice of food, the contractually stipulated starting price of the respective valid event offer will be used as a basis.
  4. The deduction of saved expenses is taken into account by the cancellation conditions stipulated in the respective event contract. The Customer is at liberty to prove that the above-mentioned claim has not arisen or has not arisen in the required amount.

 

VI. WITHDRAWAL OF THE HOTEL

  1. To the extent that it has been agreed in writing that the Customer may rescind the contract free of charge within a certain period of time, the Hotel shall be entitled to rescind the contract for its part during this period if there are enquiries from other customers regarding the contractually booked event rooms and the Customer does not waive its right of rescission upon inquiry by the Hotel. This shall apply mutatis mutandis if an option is granted, if there are other enquiries and the Customer is not prepared to make a definite booking in response to queries from the Hotel.
  2. In the event that an agreed advance payment or security deposit, or an advance payment or security deposit required pursuant to Section III (4) and/or (5) above, is not made even after a reasonable grace period set by the Hotel has expired, the Hotel shall likewise be entitled to rescind the contract.
  3. Furthermore, the Hotel shall be entitled to extraordinarily rescind the contract for objectively justified reasons, for example if – force majeure or other circumstances beyond the Hotel's control make performance of the contract impossible; – events or rooms are culpably booked under misleading or false statements or withholding of substantial factors; substantial factors in this regard may be the Customer's identity, solvency or the purpose of the stay; – there are concrete, factual indications that damage to property owned by the Hotel and/or the property of Hotel guests and/or employees of the Hotel is to be feared and/or there is a threat of injury to life, body, health and freedom of Hotel guests and/or employees and/or partners as well as legal representatives of the Hotel; – no matter whether the risks emanate directly from the Customer/Contractual Party, event participants and/or indirectly from third parties in causal connection with the Customer/Orderer's event (e.g. counter-demonstrations at political, religious or cultural events). The right of rescission shall not apply if the risk is attributable to the Hotel's sphere of control/organisation and/or if the Hotel knew or should have known of the risk at the time the Contract was entered into; – the Customer/Orderer conceals facts that are likely to substantially diminish the Hotel's public reputation. The right of rescission shall not exist if the Hotel knew or should have known of the risk at the time the Contract was concluded; – the purpose or occasion of the event is unlawful; – there is a breach of Section I (2). For the same reasons stated under Section III (1) above, the Hotel shall have the right to terminate the contract for extraordinary reasons.
  4. In the event of justified rescission by the Hotel, the Customer shall have no claim to damages.

 

VII. CHANGES IN THE NUMBER OF PARTICIPANTS AND THE TIME OF THE EVENT

  1. A change in the number of participants requires the consent of the Hotel in writing.
  2. The Customer reserves the right to reduce the agreed price by the expenses saved due to the lower number of participants.
  3. In case of an upward deviation the actual number of participants will be charged.
  4. In case of deviations in the number of participants by more than 10%, the Hotel shall be entitled to redefine the agreed prices and to exchange the confirmed rooms unless this is unreasonable for the Customer.
  5. If the agreed start or end times of the event are postponed and the Hotel agrees to such postponements, the Hotel may reasonably charge for the additional services rendered, unless the Hotel is at fault.
  6. Events end at 1 a.m. without prior arrangement with the hotel. For the extension of a Customer event, an additional fee according to the Hotel's current price list (EUR 27,- / 2016) will be charged from 1 a.m. for each started hour and present employee. This will be added to the Customer's invoice. By extending the event, the Customer agrees to pay this overtime compensation.

 

VIII. BRINGING OF FOOD AND BEVERAGES 

In principle, the Customer may not bring any food or beverages to events. Exceptions require an agreement with the Hotel in writing. In these cases a contribution to cover overheads will be charged.

 

IX. TECHNICAL EQUIPMENT AND CONNECTIONS

  1. 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, on behalf and for the account of the Customer. The Customer is liable for the careful treatment and proper return of the goods. He shall indemnify the Hotel against all claims of third parties arising from the provision of such goods.
  2. The Customer is responsible for the use of its own electrical equipment using the Hotel's power supply system. The Hotel reserves the right to prohibit the use of electrical equipment brought in by the Customer. Any malfunctions or damage to the Hotel's technical installations resulting from the use of such equipment shall be borne by the Customer, unless the Hotel is not responsible for such malfunctions or damage. Any electricity costs arising from such use may be recorded and charged to the Hotel at a flat rate.
  3. The Customer is entitled, with the Hotel's consent, to use its own telephone, fax and data transmission equipment. The Hotel may charge a connection fee for this.
  4. Should suitable Hotel installations remain unused due to the connection of the Customer's own equipment, a deficiency compensation fee may be charged.
  5. Faults in technical or other equipment provided by the Hotel shall be remedied immediately if possible. Payments may not be withheld or reduced insofar as the Hotel is not responsible for such disturbances.

 

X. LOSS OR DAMAGE TO ITEMS BROUGHT IN

  1. Any exhibition or other, even personal items carried along are located in the event rooms or in the Hotel at the Customer's risk. The Hotel assumes no liability for loss, destruction or damage, including financial loss, 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. Furthermore, 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. Decoration material brought in must comply with the fire protection requirements. The Hotel shall be entitled to demand official proof thereof. If such proof is not provided, the Hotel 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 Hotel in advance.
  3. Any exhibition or other items brought along must be removed immediately after the end of the event. If the Customer fails to do so, the Hotel may remove and store the goods at the Customer's expense. If the items remain in the event room, the Hotel may charge reasonable usage compensation for the duration of the stay. The Customer is at liberty to prove that the above-mentioned claim has not arisen or has not arisen in the required amount.

 

XI. LIABILITY OF THE CUSTOMER FOR DAMAGES

  1. Provided that the Customer is a contractor, he is 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 Hotel may require the Customer to provide appropriate securities (e.g. insurance, deposits, guarantees).

 

XII. FINAL PROVISIONS

  1. Amendments and supplements to the Contract, the acceptance of applications or these General Terms and Conditions shall be made in writing. Unilateral changes or additions by the Customer are invalid.
  2. Place of performance and payment as well as exclusive place of jurisdiction – also for cheque and bill of exchange disputes – is Fulda in commercial transactions. Insofar as a contractual partner fulfils the requirements of § 38(2) ZPO (German Code of Civil Procedure) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be Fulda.
  3. The applicable law is the German Law. The application of the UN Sale of Goods Law and the conflict-of-law rules is excluded.
  4. 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, statutory provisions shall apply. Update: 4 January 2016 (these Terms and Conditions replace previous versions)

TERMS OF USING OUR INTERNET ACCESS HOTEL ESPERANTO KONGRESS- UND KULTURZENTRUM FULDA GMBH & CO. KG

 

Dear Guest, in order to make the use of our internet access as uncomplicated and secure as possible, we ask you to adhere to the following basic rules:

 

I. IF POSSIBLE USE A BROWSER WITH 128 BIT SSL-ENCRYPTION

The current versions of common browsers (Microsoft Internet Explorer, Apple Safari, Mozilla Firefox or Opera) are designed for this standard.

 

II. PROTECT YOUR PC WITH UP-TO-DATE VIRUS PROTECTION SOFTWARE AND A FIREWALL 

Install virus protection software on your PC and update it regularly. Make sure that your computer is free from viruses, worms and Trojans/backdoors. We recommend equipping your computer with a firewall and anti-spy software and updating it regularly. Please note that we only provide you with internet access that has no virus protection and no firewall.

 

III. KEEP YOUR OPERATING SYSTEM UP-TO-DATE 

Install the appropriate updates and patches for the operating system of your PC promptly and regularly.

 

IV. PROTECT YOUR DATA EVEN IN THE EVENT OF THE LOSS OF YOUR COMPUTER 

We recommend that you secure your PC and the important files stored on it with passwords. These should be amended regularly. Do not save the passwords on your hard disk. Only provide access to your computer to people you trust. We recommend making a regular backup of your data.

 

V. RESTART YOUR BROWSER IN CASE OF CONNECTION ERRORS 

Should connection errors occur, please close the browser and start it again. Make sure that you enter your corresponding passwords correctly. After ending the internet session, please close your browser.

 

VI. BE WARY WITH UNKNOWN FILES OR EMAIL ATTACHMENTS 

Do not open files of unknown origin or files that you have not requested.

 

VII. DO NOT VISIT WEB SITES WITH ILLEGAL CONTENT 

This particularly applies to sites with seditionary or child pornographic content, sites that incite crime or glorify or trivialise violence or sites that are likely to seriously endanger children or young people from a moral point of view.

 

VIII. DO NOT PARTICIPATE IN DUBIOUS OR ILLEGAL FILE SHARING 

While downloading or uploading files, especially music, films or pictures, always bear in mind that they may be protected by copyright. The violation of such copyrights can, among other things, trigger substantial claims for damages against you.

 

IX. AVAILABILITY, SUITABILITY OR RELIABILITY OF INTERNET ACCESS

We give no guarantee for the actual availability, suitability or reliability of the internet access.

 

X. LIMITATION OF LIABILITY 

We accept no responsibility for any damage to your PC resulting from the use of the Internet. Exempt from this are damages to which we have contributed intentionally or through gross negligence. In particular, no liability is accepted for the content of websites accessed or files downloaded. Furthermore, no liability whatsoever is assumed for any virus attack resulting from use of the internet access.

 

XI. INDEMNITY FROM LIABILITY 

We shall be indemnified from all claims of third parties if our internet access is used unlawfully by you or with your approval, in particular if you have culpably disregarded the above notices. We must also be indemnified from all claims of third parties arising from copyright or other legal disputes associated with your use of the internet access.

 

XII. DATA PROTECTION 

Should we collect your data in the course of using the Internet via our internet access, these data will of course be treated in accordance with the applicable data protection regulations.

XIII. VIOLATION OF THE TERMS OF USE 

Should you violate these terms of use or if we suspect that you are doing so, we will be forced to restrict or block your internet access. Should you lose data in the process, we assume no liability for this.

 

XIV. FURTHER TERMS 

The use of our internet access is limited to the duration of your presence in the hotel. Usage requires the entry of a password. This may not be passed on to third parties. If you have any questions or problems with internet access, our reception (tel.: 0661-24291-0) will be happy to help you. For technical questions and general information on WLAN and the Internet, we recommend the pages of the Federal Office for Information Security (www.bsi-fuer-buerger.de). As of: 8 May 2012 (these Terms and Conditions replace previous versions)

TERMS AND CONDITIONS FOR THE HOTEL PARKING GARAGE AND HOTEL PARKING SPACES HOTEL ESPERANTO KONGRESS- UND KULTURZENTRUM FULDA GMBH & CO. KG 

 

I. RENTAL AGREEMENT

  1. Upon acceptance of the parking ticket and/or upon entering the parking garage or the hotel car park (hereinafter referred to as the "Parking Area"), a rental agreement is concluded between the Hotel and the Customer for the parking time requested by the Customer within the opening hours in accordance with these Conditions of Use.
  2. Neither guarding nor safekeeping are subject of this Contract. The Hotel shall not assume any care or special duties of care for the items brought in by the Tenant.

 

II. TERMS OF USE

  1. The Tenant is obliged to exercise the care required in traffic. In particular, the special traffic rules and safety regulations installed in the Parking Area must be observed. Instructions given by the Hotel staff that serve as security or concern property rights must always be followed immediately. For the rest, the provisions of the StVO (The German Road Traffic Act) apply accordingly.
  2. Vehicles may only be parked within the marked parking spaces, but not on the parking spaces that are reserved for permanent users by means of signs. The Hotel reserves the right to take suitable measures to move or have moved, at the expense of the Tenant, incorrectly parked vehicles. The Hotel may charge a flat rate for this. The Tenant may in this case prove that the costs were not incurred or are significantly lower than the flat rate.
  3. The Hotel also reserves the right to remove the Tenant's vehicle from the Parking Area in case of imminent danger.
  4. Every tenant is recommended to always carefully lock his vehicle after leaving and not to leave any valuables behind. 5. The opening hours can be found on the corresponding posters.

 

III. SAFETY AND ADMINISTRATIVE REGULATIONS

  1. In the Parking Area you may only drive at walking speed.
  2. The following are not permitted in the Parking Area: – smoking and the use of fire, – the storage of fuels, fuel tanks and flammable objects, – the unnecessary running of engines, – the parking of vehicles with leaking tanks or carburettors, – the refuelling, repairing, washing, cleaning the inside of vehicles, – the draining of cooling water, fuels or oils, – the distribution of advertising material.
  3. Staying in the Parking Area is only permitted for the purpose of parking, loading, unloading and collecting vehicles.
  4. The tenant shall immediately remove any contamination caused by him.

 

IV. FEE / PARKING DURATION

  1. The applicable parking fee and the permitted parking duration are shown in the currently valid price list.
  2. The maximum parking period is one month, unless a special agreement is made in individual cases.
  3. After expiry of the maximum parking period, the Hotel shall be entitled to have the vehicle removed from the Parking Area at the Tenant's expense, provided that prior written notification of the Tenant and/or vehicle owner has been given with a period of notice of at least two weeks and has remained without result or the value of the vehicle obviously does not exceed the rent due. The Hotel is entitled to a fee according to the price list until the vehicle is removed.
  4. If the parking ticket is lost, a fee of at least EUR 20,- is due, unless the Tenant proves a shorter parking time or the Hotel proves a longer parking time.
  5. The Hotel may verify the authorisation to collect and use the vehicle. Proof is provided, among other things, by presenting the parking ticket. The Tenant may provide other proof.
  6. If the Tenant uses more than one parking space with his vehicle, the Hotel shall be entitled to charge the full parking fee for the number of parking spaces actually used.

 

V. LIABILITY OF THE HOTEL

  1. The Hotel shall only be liable for damage that can be proven to have been caused by the Hotel or its vicarious agents intentionally or through gross negligence. This limitation of liability shall not apply in the event of injury to life, body or health or in the event of breach of essential contractual obligations.
  2. The Tenant is obliged to notify the Hotel immediately of any damage to his vehicle.
  3. The Hotel excludes any liability for damage caused by other tenants or any other third parties. This applies in particular to damage, destruction or theft of the parked vehicle or moveable/installed objects from the vehicle or objects attached to or on the vehicle.
  4. If the Tenant is a Hotel guest and the Hotel undertakes to park or collect the vehicle at the request of the Tenant, this shall not constitute a safekeeping agreement and no duty of supervision either, as this is merely a courtesy of the Hotel towards the guest. Damage caused to other vehicles or property in the process is to be settled via the Tenant's/vehicle owner's motor vehicle liability insurance. Furthermore, the Hotel and the driver appointed by the Hotel shall not be liable for damage directly caused to the Tenant's vehicle or for any financial disadvantages in connection with the settlement of damage to other vehicles or property via the Tenant's/car owner's motor vehicle liability insurance (deductibles, premium increases, etc.) unless the driver appointed by the Hotel has caused the damage intentionally or through gross negligence.

 

VI. TENANT’S LIABILITY

  1. The Tenant shall be liable for damage culpably caused to the Hotel by himself or by his vicarious agents, his representatives or his accompanying persons. He shall be obliged to report such damage to the Hotel without being asked before leaving the Parking Area.
  2. The Tenant shall be liable for the cleaning costs in the event of soiling of the parking area caused by him in accordance with Section III (2).

 

VII. LIEN / RIGHT OF RETENTION / RECOVERY

  1. The Hotel shall have a right of retention and a statutory lien on the Tenant's parked vehicle on account of its claims under the rental agreement.
  2. The Hotel reserves the right to remove and/or dispose of vehicles/trailers without registration plates if the Tenant/vehicle owner has been threatened with this beforehand and has not complied with the request to remove the vehicle within a reasonable period set by the Hotel. Such a threat and request is not necessary if the Tenant/vehicle owner could not be identified even after taking reasonable measures. The Tenant/vehicle owner shall be entitled to the possible proceeds of the sale after deduction of the costs incurred and the parking fee incurred up to the time of removal of the vehicle.
  3. Notwithstanding the rights under Sections VII (1) and (2), the Tenant shall be liable to the Hotel for all costs incurred. Update: 8 May 2012 (these parking conditions for parking garages and hotel car parks replace previous versions)

Kongress- und Kulturzentrum Fulda GmbH & Co. KG
Esperantoplatz, 36037 Fulda, Germany

Phone +49 (661) 2 42 91-0
Fax: +49 (661) 2 42 91-151
E-mail: info@hotel-esperanto.de