Legal Notice

General Terms and Conditions (GTC) of Hotel Tobbaccon GmbH & Co. KG

(hereinafter referred to as “Hotel”) for the rental of hotel rooms

1 Scope, conclusion of contract

1.1 These General Terms and Conditions apply exclusively to the rental of hotel rooms by the hotel. These General Terms and Conditions also apply to subsequent individual orders, unless otherwise agreed. The hotel guest’s General Terms and Conditions only apply if the hotel has expressly agreed to them in writing.
1.2 A contract is concluded through a request from the hotel guest and the hotel’s booking confirmation, which is at least in text form. The hotel guest must notify the hotel of any order details that are incorrectly reproduced in the booking confirmation within 14 days, but at least 3 days before the contract period; in this case, a new or corrected booking confirmation will be sent.
1.3 For group reservations, the contract is concluded in writing. Insofar as the following regulations refer to the booking confirmation, these regulations apply accordingly to the written contract for group reservations.

2 Subject matter of the contract

2.1 The subject of the agreement is the rental of the rooms described in the booking confirmation in the premises of the hotel „Tobbaccon“, Bensheim to the hotel guest.
2.2 The standard equipment, the additional equipment that can be rented and the agreed catering services can be found in the booking confirmation.
2.3 The hotel guest has no right to a specific room unless otherwise agreed in writing.

3 Contract period

The contract period begins at check-in on the first day and ends at check-out on the last day of the agreed room rental. The first and last days can be found on the booking confirmation. Extensions to the period are not possible without the consent of the hotel.

4 Remuneration, deposit

4.1 The total remuneration can be found in the booking confirmation. The hotel guest must pay for the hotel’s services and services of third parties for which the hotel has made advance payments, even if these services were not part of the original contract.
4.2 The remuneration is due upon invoicing. Payment must be received no later than 14 days after the due date.
4.3 All prices are subject to the respective statutory sales tax and the local taxes to be borne by the hotel.
4.4 If the statutory sales tax changes or local taxes are introduced, changed or abolished, the gross prices will be adjusted accordingly. In the case of contracts with consumers, this only applies if the contract is concluded more than 5 months before the contract period.
4.5 The hotel can demand that the hotel guest pay a deposit of 50% of the agreed total remuneration. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected. The hotel may use the deposit to satisfy any claims it has against the hotel guest in connection with the contract during or after termination of the contract.
4.6 The hotel is entitled to withdraw from the contract if the deposit is not paid within the set period.

5 Liability of the hotel

5.1 The hotel is liable in cases of gross negligence and intent as well as in the event of injury to life, body or health. Its liability is limited to the amount covered by its business liability insurance, insofar as such a limitation is permissible. In addition, the hotel is liable for the violation of cardinal obligations (i.e. those contractual obligations that make the proper execution of the contract possible in the first place and on whose fulfillment the hotel guest therefore relies and may rely) even in cases of slight negligence, within the scope of the damage that was foreseeable at the time the contract was concluded and was typical for the contract; in the case of atypical damage, the liability limit according to sentence 2 applies.
5.2 If the hotel guest wants to bring in money, securities or valuables with a total value of more than EUR 500 or other items with a total value of more than EUR 2,500, he must make a separate storage agreement with the hotel for this.
5.3 The hotel will only send items left behind by the hotel guest upon request, at the hotel guest’s expense and risk. In such cases, the hotel guarantees a maximum storage period of 3 months; after this, these items will be given to a lost property office, disposed of or destroyed.
5.4 If the hotel provides the hotel guest with a parking space for a fee or free of charge, it is not obliged to store the vehicle. The hotel guest must inform the hotel of any damage immediately (in the case of visible damage, before setting off).

6 Terms of Use, Cancellation by the Hotel

6.1 The rooms provided are non-smoking rooms. Use for purposes other than accommodation is not permitted without the hotel’s consent.
6.2 The hotel areas outside the rooms may not be used for advertising or sales purposes without the hotel’s consent.
6.3 The hotel can withdraw from the contract if the contract was concluded on the basis of false or misleading information or the concealment of essential contractual facts about the hotel guest or the purpose of their stay. It can also withdraw from the contract if it learns that the purpose of the stay is illegal or if the hotel guest violates clauses 6.1 or 6.2.
6.4 The hotel can withdraw from the contract if it has reasonable grounds to believe that the use of the hotel service could endanger the smooth running of the business, the security or the public reputation of the hotel and this cannot be attributed to the hotel’s sphere of control or organization.

7 Binding nature of the booking through conclusion of the contract

7.1 Bookings are binding for both parties after the contract has been concluded. Until then, the hotel reserves the right to allocate the room to someone else. The hotel is bound to offers sent for up to 2 weeks after they are sent, provided the contract period does not begin within this period.
7.2 The hotel guest can reduce his order free of charge up to 3 days before the contract period as follows:

100% of the order up to 31 days before the contract period,
50% of the order on the 30th to 15th day before the contract period,
25% of the order on the 14th to 8th day before the contract period,
10% of the order on the 7th to 3rd day before the contract period.

7.3 Cancellation on the second day before the contract period or later is not possible if there is no statutory right of cancellation. If the hotel guest cancels within this time or does not accept the agreed services without notice, the agreed remuneration less saved expenses will be due. The saved expenses amount to a flat rate of 5% of the order value affected by the cancellation. In all cases of clauses 7.2 and 7.3, the hotel guest reserves the right to prove that the hotel’s claim did not arise or did not arise to the extent required.
7.4. Cancellation must be declared in writing or text form. The time of cancellation is determined by the receipt of the cancellation declared in the correct form by the hotel.
7.5 If the stay is prohibited by an official order in connection with the SARSCoV2 virus, both parties can withdraw from the contract. Sections 275, 326 Paragraph 1, Paragraph 5 of the German Civil Code apply. With regard to any claims for damages, Section 5 of these Terms and Conditions shall apply.

8 Room availability and return (check in and check out)

8.1 The hotel will make the room(s) available from 3 p.m. on the first day of the contract period. Unless a later arrival time has been agreed or the hotel guest has not paid a deposit, the hotel can allocate the room(s) to someone else from 6 p.m. without having to provide the hotel guest with a replacement.
8.2 The hotel guest must vacate the room(s) by 11 a.m. on the last day of the contract period at the latest. Otherwise, the hotel can charge 50% of the room rate until the room is vacated by 2 p.m. at the latest, and 90% of the room rate thereafter. The hotel guest reserves the right to prove that the hotel’s claim has not arisen or has not arisen to the full extent.

9 Final provisions

9.1 If any part of these terms and conditions is invalid or contestable, the validity of the terms and conditions or the contract will otherwise not be affected. In place of the legally invalid part, the agreement shall be deemed to be that which comes closest to what the contracting parties would have agreed in a legally permissible manner if they had known of the invalidity. The same applies if these terms and conditions contain a gap.
9.4 The place of jurisdiction is Bensheim, insofar as a contractual agreement on jurisdiction is possible.
9.5 The contract is subject to German law.
9.6 General obligation to provide information in accordance with Section 36 of the Consumer Dispute Settlement Act (VSBG): Hotel Tobbaccon GmbH & Co. KG does not participate in dispute settlement proceedings within the meaning of the VSBG. There is no legal obligation to do so.
9.7 EU Commission platform for online dispute resolution: www.ec.europa.eu/consumers/odr

Status: September 2023

General Terms and Conditions (GTC) of Hotel Tobbaccon GmbH & Co. KG

(hereinafter referred to as “Hotel”) for the rental of hotel rooms ( GROUPS )

1 Scope, conclusion of contract

2 Subject matter of the contract

3 Contract period

4 Remuneration, deposit

4.1 The total remuneration can be found in the booking confirmation. The hotel guest must pay for the hotel’s services and services of third parties for which the hotel has made advance payments, even if these services were not part of the original contract.
4.2 The remuneration is due upon invoicing. Payment must be received no later than 14 days after the due date.
4.3 All prices include the respective statutory sales tax and the local taxes to be borne by the hotel.
4.4 If the statutory sales tax changes or local taxes are introduced, changed or abolished, the gross prices will be adjusted accordingly. In the case of contracts with consumers, this only applies if the contract is concluded more than 5 months before the contract period.
4.5 The hotel can demand that the hotel guest pay a deposit of 50% of the agreed total remuneration. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected. The hotel may use the deposit to satisfy any claims it has against the hotel guest in connection with the contract during or after termination of the contract.
4.6 The hotel is entitled to withdraw from the contract if the deposit is not paid within the set period.

5 Liability of the hotel

6 Terms of Use, Cancellation by the Hotel

6.1 The rooms provided are non-smoking rooms. Use for purposes other than accommodation is not permitted without the hotel’s consent.
6.2 The hotel areas outside the rooms may not be used for advertising or sales purposes without the hotel’s consent.
6.3 The hotel can withdraw from the contract if the contract was concluded on the basis of false or misleading information or the concealment of essential contractual facts about the hotel guest or the purpose of their stay. It can also withdraw from the contract if it learns that the purpose of the stay is illegal or if the hotel guest violates clauses 6.1 or 6.2.
6.4The hotel can withdraw from the contract if it has reasonable grounds to believe that the use of the hotel service could endanger the smooth running of the business, the security or the public reputation of the hotel and this cannot be attributed to the hotel’s sphere of control or organization.

7 Binding nature of the booking through conclusion of the contract

100% of the order up to 31 days before the contract period,
50% of the order on the 30th to 15th day before the contract period,
25% of the order on the 14th to 8th day before the contract period,
10% of the order on the 7th to 3rd day before the contract period.

8 Room availability and return (check in and check out)

9 Final provisions

9.1 If any part of these terms and conditions is invalid or contestable, the validity of the terms and conditions or the contract will otherwise not be affected. In place of the legally invalid part, the agreement shall be deemed to be that which comes closest to what the contracting parties would have agreed had they known of the invalidity. The same applies if these terms and conditions contain a gap.
9.4 The place of jurisdiction is Bensheim, insofar as a contractual agreement on jurisdiction is possible.
9.5 The contract is subject to German law.
9.6 General obligation to provide information in accordance with Section 36 of the Consumer Dispute Settlement Act (VSBG): Hotel Tobbaccon GmbH & Co. KG does not participate in dispute settlement proceedings within the meaning of the VSBG. There is no legal obligation to do so.
9.7 EU Commission platform for online dispute resolution: www.ec.europa.eu/consumers/odr

Status: September 2023

General Terms and Conditions (GTC) of Hotel Tobbaccon GmbH & Co. KG

(hereinafter referred to as “licensor”)
for the provision of event services

1 Scope, conclusion of contract

1.1 The respective individual contract and the following general terms and conditions in the version valid at the time the contract is concluded apply exclusively to the contract. Differing conditions of the organizer are not recognized unless the user expressly agrees to their validity in writing.
1.2 These general terms and conditions also apply to subsequent individual orders, unless otherwise agreed.

2 Subject matter of the contract

2.1 The subject of the agreement is the provision of the event room described in the individual contract in the premises of the “Tobbaccon” hotel to the organizer.
2.2 The standard equipment, the additional equipment that can be rented and the agreed catering services can be found in the individual contract.
2.3 The provider of the use reserves the right to exchange the intended room for another, equivalent room.

3 Contract period

The contract period can be found in the individual contract. Extensions of the period are not possible without the consent of the user.

4 Remuneration, deposit

4.1 The price list of the licensee and the total remuneration can be found in the individual contract.
4.2 The remuneration is due at the agreed end of the event. Payment must be received no later than 14 days after the due date.
4.3 All prices include the respective statutory sales tax.
4.4 If events are booked more than 6 months in advance, the licensee reserves the right to adjust the agreed prices due to changes in costs. The price adjustment must be justified in writing. If prices increase by more than 20%, the organizer has the right to withdraw, which it must assert in writing within 2 weeks of notification of the price increase.
4.5 The licensee can demand a deposit from the organizer of 50% of the agreed total remuneration and the expected GEMA fees. The licensee can use the deposit to satisfy claims it has against the organizer in connection with the contract during or after the termination of the contract.
4.6 The deposit pursuant to section 4.5 can also be provided by a bank guarantee from a major German or European bank. This must be provided as a direct guarantee, if necessary on first request, for an unlimited period and with the waiver of the defenses of contestability, set-off, advance action and deposit.
4.7 The lessor is entitled to refuse access to the rented premises and objects until the deposit has been paid in full/provided.

5 Liability of the transferor

5.1 Any exhibition or other items, including personal items (including those of the event participants) brought along, are at the risk of the organizer in the premises of the lessor. After the end of the event, the organizer ensures that no items are left behind in the premises of the lessor. The lessor accepts no liability for loss or damage.
5.2 Furthermore, the lessor is liable in cases of gross negligence and intent as well as in the event of injury to life, body or health. Furthermore, the lessor is liable in the event of slight negligence for the violation of cardinal obligations (i.e. those contractual obligations that make the proper execution of the contract possible in the first place and on whose fulfillment the organizer therefore relies and may rely) within the scope of the damages that were foreseeable at the time the contract was concluded and were typical for the contract.

6 Terms of use and liability of the organizer

6.1 The rooms provided are non-smoking rooms. It is forbidden to put up pictures, posters, nails for hanging up, and to stick any documents or objects to walls and furniture. The technology provided by the lessor may only be operated by trained personnel.
6.2 The organizer is responsible for complying with all legal regulations relating to the event (e.g. obtaining any necessary permits, complying with emission control regulations, prohibiting the performance of illegal content, occupational health and safety regulations, paying GEMA fees). The organizer will ensure, among other things, that no doors are opened to the outside during an event in the ballroom so as not to disturb the peace and quiet of the neighboring neighbors.
6.3 The organizer is liable, without proof of fault, for all material and financial damage to the lessor caused by the organizer, his staff or the participants in the event during the event and/or during preparation. The organizer is obliged to immediately report any damage to the rooms or inventory to the lessor or his responsible staff. This also applies to special incidents, such as complaints from neighbors. The organizer is jointly and severally liable.
6.4 The organizer releases the lessor from any claims by third parties if he has violated obligations under clauses 6.1 to 6.4 or is liable under these clauses.
6.5 The organizer releases the lessor from any claims by third parties if he has violated obligations under clauses 6.1 to 6.4 or is liable under these clauses.
6.6 The lessor can withdraw from the contract if he has reasonable grounds to believe that the use of the hotel service could endanger the smooth running of the business, the safety or the public reputation of the hotel and this cannot be attributed to the hotel’s sphere of control or organization.

7 Binding nature of the booking through conclusion of the contract

7.1 Bookings are binding for both parties after the contract has been signed. Until then, the transferor reserves the right to assign the subject matter of the contract to someone else. The transferor is bound to sent contract offers for 2 weeks after they have been sent.
7.2 If the organizer withdraws from the contract before the contract period or later, he must pay the transferor the following flat-rate compensation:

a. at conference events:

50% of the order if cancelled up to 31 days before the contract period,
75% of the order if cancelled between 30 and 14 days before the contract period,
90% of the order if cancelled between 7 and 3 days before the contract period.

b. For other events (e.g. birthdays, weddings, etc.):

50% of the order if cancelled up to 91 days before the contract period,
70% of the order if cancelled between 90 and 31 days before the contract period,
90% of the order if cancelled between 14 and 3 days before the contract period.

7.3 If the event is rescheduled by the organizer, section 7.2 applies accordingly, whereby the user can refrain from claiming compensation in whole or in part, taking mutual interests into account.
7.4 Cancellation on the second day before the contract period or later is not possible if there is no statutory right of cancellation. If the organizer cancels or withdraws within this time or does not accept the agreed services without notice, the agreed compensation less any saved expenses will be due. The saved expenses amount to a flat rate of 5% of the order value affected by the cancellation.
7.5 In all cases of sections 7.2 to 7.4, the organizer reserves the right to prove that the user’s claim did not arise or did not arise to the extent it did.
7.6. Cancellation must be made in writing or text form. The time of cancellation is determined by the receipt of the formally declared cancellation by the hotel.
7.7 Should the event be prohibited by an official order in connection with the SARSCoV2 virus or should the event not be possible for other reasons that are beyond the control of the parties (e.g. extreme weather events), both parties may withdraw from the contract. Sections 275, 326 Paragraph 1, Paragraph 5 of the German Civil Code apply. Clause 5 of these General Terms and Conditions applies to any claims for damages.

8 Return of the contractual object

The organizer must leave the contractual object in the same condition as it was received before use began. Otherwise, the cleaning and waste disposal work will be carried out or commissioned by the lessor. The lessor can invoice the organizer for extraordinary cleaning and waste disposal costs.

9 Final provisions

9.1 The individual contract is drawn up once for each contracting party. It contains all the provisions agreed between the contracting parties regarding the contractual relationship.
9.2 Changes and additions to the contract must be made in writing..
9.3 Should any part of these terms and conditions be invalid or contestable, the validity of the terms and conditions or the individual contract shall otherwise remain unaffected. In place of the legally invalid part, the agreement shall be deemed to be that which comes closest to what the contracting parties would have agreed had they known of the invalidity. The same applies if these terms and conditions contain a gap.
9.4 The place of jurisdiction is Heppenheim, insofar as a contractual agreement on jurisdiction is possible.
9.5 German law applies to contracts between the organizer and the user.
9.6 General obligation to provide information in accordance with Section 36 of the Consumer Dispute Settlement Act (VSBG): Hotel Tobbaccon GmbH & Co. KG does not participate in dispute settlement proceedings within the meaning of the VSBG. There is no legal obligation in this regard.
9.7 EU Commission platform for online dispute resolution: www.ec.europa.eu/consumers/odr

Status: September 2023