Estrel Tow er Terms

I. These terms and conditions apply to all contracts for the rental of hotel rooms for accommodation as well as all other services and deliveries provided to the customer or user by Estrel Hotel-Betriebs-GmbH (Hotel), unless deviating agreements are made in separate contracts. The customer is the user of the services provided by the Hotel who has registered at the Hotel.

II. The subletting or further letting of the rooms provided as well as their use for purposes other than accommodation require the prior express consent of the Hotel.

III. Terms and conditions of the customer apply only if this has been agreed in writing in advance.

I. The hotel accommodation contract is concluded by acceptance of the customer's request by the Hotel. The Hotel is free to confirm the room booking to the customer in writing.

II. The contracting parties are the Hotel and the customer. If a third party has ordered for the customer, this party is liable as agent without authority until a valid power of attorney or subsequent approval by the customer themselves is provided.

III. The Hotel is liable for damages it and its representatives and vicarious agents are responsible for arising from the violation of life, body, or health and from data protection law claims. For damages caused in any other way, the Hotel is liable in cases of intent and gross negligence, also of its representatives and vicarious agents, in accordance with statutory provisions. For negligently caused property and financial damages, the Hotel and its representatives and vicarious agents are liable only in the case of violation of an essential contractual duty, but limited in amount to the foreseeable and contract-typical damages at the time of contract conclusion; [essential contractual duties are those whose fulfillment characterizes the contract and on which the customer may rely].

IV. The statute of limitations for all claims of the customer is one year from the statutory beginning of the limitation period, but no more than five years from the end of the year in which the claim arose. Claims due to intent and damage claims arising from the violation of life, body, or health, as well as data protection law claims, remain unaffected.

I. The Hotel is obligated to keep the rooms booked by the customer available and to provide the agreed services.

II. The customer is obligated to pay the prices applicable or agreed by the Hotel for the room provision and any other services they avail themselves of. This also applies to services and expenses of the Hotel to third parties caused by the customer.

III. The agreed prices each include the applicable statutory value-added tax. If, after the conclusion of the contract, there are changes in statutory VAT and/or a new introduction or change of local taxes affecting the Hotel's services, the prices will be adjusted accordingly without the need for an additional agreement between the parties; for contracts with consumers, this only applies if the period between contract conclusion and contract performance is more than four months.

IV. The agreed price may be changed by the Hotel if the customer subsequently wishes to make changes to the number of rooms booked, the services of the Hotel, or the length of stay, and the Hotel agrees to this.

V. If the period between contract conclusion and contract performance exceeds four months, the Hotel may raise the agreed price by up to 5% if cost increases for heating, electricity, and water costs or for wages and salaries have occurred in the meantime. The price increase may only be made within the same scope as the cost increases. The upper limit increases by another 5% for each additional year between contract conclusion and contract performance beyond the four months; price changes pursuant to § 3 III sentence 2 of these General Terms and Conditions are not taken into account.

VI. Invoices from the Hotel are generally due upon the customer's order or payment must be secured by depositing a credit card. The Hotel may decide to what extent payments should only be made at check-out. In other cases, invoices from the Hotel without a due date are payable without deduction within ten days of receipt of the invoice.

VII. The Hotel is entitled to declare accumulated claims due at any time and to demand immediate payment. In case of default, the Hotel is entitled to charge interest at the rate of five percentage points above the base rate, or nine percentage points above the base rate if the customer is an entrepreneur. The customer reserves the right to prove that no damage has occurred or that damage was substantially lower; the Hotel reserves the right to prove higher damage.

VIII. If the customer is obligated to make payment within a certain period or at a contractually defined time, after that period or after that time they are no longer entitled to credit card payment without bearing the costs incurred by Estrel Hotel-Betriebs-GmbH.

IX. The customer can only offset or reduce a claim of the Hotel with an undisputed or legally binding claim if they have announced this 14 days in advance.

X. For package travel products of the Hotel, the travel price is only due at departure. Invoicing takes place at check-out. Advance payments are not required or accepted.

I. Withdrawal by the customer from the hotel accommodation contract generally requires the written consent of the Hotel; if the customer is a natural person who concludes a contract (legal transaction) for a purpose that can predominantly be attributed neither to their commercial nor self-employed professional activity (consumer), text form is sufficient for the Hotel's consent. If this does not occur, the contractually agreed price must be paid even if the customer does not avail themselves of contractually agreed services. Withdrawal rights of the customer due to a breach of duty for which the Hotel is responsible remain unaffected.

II. Consent is not required if a date for withdrawal from the contract has been agreed in writing between the Hotel and the customer and the customer exercises their right of withdrawal in due time and in writing toward the Hotel. After this date, the right of withdrawal expires. Decisive for the timeliness of the withdrawal is the receipt of the customer's declaration by the Hotel.

III. If consent is not granted or the withdrawal is not exercised in due time, the Hotel is free to lump-sum the damage incurred and to be reimbursed by the customer. In such a case, the customer is obligated to pay 80% of the contractually agreed total service.

IV. Unavoidable events, earthquakes, floods, fire, storm, or explosions, power failures, embargoes, government restrictions, riots, uprisings or unrest, terrorist attacks, wars or other military actions, rebellions, vandalism, sabotage, epidemics, pandemics, accidents, strikes or lockouts, lack or failure of transport facilities, or other reasons for which neither party is responsible (collectively referred to as "force majeure") entitle the customer to terminate the contractual relationship if the condition and location of the rooms of the booked rooms are thereby not just insignificantly impaired. In the case of a justified termination, the Hotel will refund all advance payments and/or prepayments made by the customer minus a default compensation of 25% of the contractually agreed fee within thirty (30) calendar days of receipt of the termination. There is no right of withdrawal of the customer if booked rooms are not needed due to the cancellation of an event.

V. The customer reserves the right to prove that no damage has occurred or that the damage incurred by the Hotel is lower than the lump sum demanded.

I. If a right of withdrawal of the customer within a certain period has been agreed in writing, the Hotel is, for its part, 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 their right of withdrawal upon the Hotel's inquiry.

II. The Hotel is entitled to withdraw from the contract or terminate it without notice for objectively justified reasons,

III. in particular if: - force majeure or other circumstances for which the Hotel is not responsible make the fulfillment of the contract impossible; - rooms are booked under misleading or false information regarding essential facts, e.g., regarding the person of the customer or the purpose; the Hotel has reasonable cause to assume that the use of the hotel service may endanger the smooth operation, security, or public reputation of the Hotel without this being attributable to the Hotel's sphere of control or organization; - there is a violation of § 1 II.

IV. The Hotel must inform the customer of the exercise of the right of withdrawal without delay.

V. In the case of a justified withdrawal by the Hotel, no claim for damages by the customer arises.

VI. Otherwise, liability claims are limited to three times the price of one booked overnight stay.

I. The customer does not acquire any claim to the provision of specific rooms unless they have been expressly promised to them in writing.

II. Booked rooms are available to the customer from 3:00 PM on the agreed arrival day. The customer has no claim to earlier provision unless it has been expressly promised to them by the Hotel.

III. On the agreed departure day, the rooms must be vacated and made available to the Hotel by 12:00 PM at the latest, unless otherwise expressly agreed. After that, the Hotel may, in addition to the resulting damage, charge 50% of the full lodging price (list price) for the additional use of the room until 6:00 PM, and 100% from 6:00 PM. The customer reserves the right to prove that no damage or that the damage incurred by the Hotel is substantially lower.

I. The Hotel is liable for its obligations pursuant to § 2 III.

II. Should disturbances or defects in the services of the Hotel occur, the Hotel will, upon knowledge or upon immediate complaint by the customer, endeavor to provide remedy. The customer is obligated to do what can reasonably be expected of them to remedy this disturbance and to keep any possible damage low.

III. The Hotel is liable for items brought in pursuant to statutory provisions (§§ 701 ff. BGB). Liability is limited in amount to one hundred times the accommodation price for one day, at least €600 and at most €3,500; for money, securities, and valuables, the maximum limit is €800. The Hotel offers the safekeeping of money, securities, valuables, and other valuables in the central hotel safe at the reception up to a value of €10,000.00; values exceeding this can be safeguarded after prior arrangement. A refusal only takes place if safekeeping is unreasonable (§ 702 para. 3 BGB). Upon safekeeping, the Hotel issues a written acceptance declaration (receipt). The Hotel recommends making use of this option. Liability claims expire if the customer does not notify the Hotel of the loss, destruction, or damage immediately upon knowledge; this does not apply if the items were taken into custody for safekeeping or if the loss, destruction, or damage is the fault of the Hotel or its staff.

IV. A room safe provided in the guest room does not offer complete protection against theft and serves exclusively for the guest's own responsible safekeeping. The use of the room safe does not constitute acceptance for safekeeping by the Hotel.

V. For the unlimited liability of the Hotel, statutory provisions apply.

VI. Wake-up requests are carried out by the Hotel with the greatest care. Messages, mail, and shipments for the customer are handled with care. The Hotel takes over the delivery, storage, and, on request, the forwarding of the same against payment.

VII. Damage claims are excluded in the case of § 7 VI. This does not apply to gross negligence and intent or to damages from the violation of life, body, or health that are based on a breach of duty for which the Hotel is responsible.

VIII. Insofar as labeling for additives, allergens, etc. is required for food and beverages prepared and/or sold by the Hotel, you will find corresponding information in the menus of the restaurants, with reference to a separate allergen card. At breakfast, information stands are available. At buffets, both the sous chef and the service manager have an overview of the allergens contained. The information about additives and allergens in food is based on information that the Hotel receives from manufacturers and suppliers. The Hotel prefers, where possible, products without labeling requirements and endeavors to use only food of high quality and regional origin, meat and meat products from species-appropriate animal husbandry, and fish as well as fish products from sustainable fishing. However, the Hotel's suppliers do not offer declaration-free alternatives for all foods. In some products, additives are also unavoidable. Due to the variety of products from individual manufacturers, it is possible that cross-contamination occurs and that portions of unlisted additives are contained in the products. In the Hotel's kitchen, no additives are added directly. However, the Hotel cannot exclude that cross-contamination occurs when bringing together different food components in the preparation of food and/or beverages. The Hotel can therefore not guarantee that, in addition to the labeled additives, no further additives are present in the offered food and/or beverages. The Hotel assumes no liability for the completeness of the ingredients, additives, allergens, etc. listed in the Hotel's information for food and beverages prepared and/or sold by the Hotel and assumes no liability for allergic and/or other health reactions when consuming food and beverages prepared and/or sold by the Hotel.

I. Changes or additions to the contract, the acceptance of the request, or these GTC must be made in writing; if the customer is a natural person who concludes a contract (legal transaction) for a purpose that can predominantly be attributed neither to their commercial nor self-employed professional activity (consumer), changes or additions to the contract, the acceptance of the request, or these GTC must be made in text form. No party may invoke a deviating practice. The Hotel reserves the right to change or supplement these GTC for the future. Unilateral changes and/or additions by the customer are invalid.

II. The Hotel is not willing or obligated to participate in dispute resolution procedures before consumer arbitration boards.

III. The exclusive place of jurisdiction, including for check and bill of exchange disputes, is the seat of the Hotel. If a contracting party meets the requirements of § 38 paragraph 1 ZPO or has no general place of jurisdiction in Germany, the seat of the Hotel applies as the place of jurisdiction.

IV. German law applies.

I. These terms and conditions apply to contracts for the rental of conference, banquet, and event rooms of K.M.C. GmbH for the realization of events such as banquets, conferences, seminars, trade fairs, gala and sports events, etc., as well as for all other related services and deliveries of K.M.C. GmbH.

II. The invitation, subletting, and further letting of the rented rooms or areas, as well as the realization of sales or similar events, require the prior written consent of K.M.C. GmbH.

III. Terms and conditions of the contracting party of K.M.C. GmbH apply only if this has been agreed in writing.

I. The contract is concluded by acceptance of the request by K.M.C. GmbH. The contracting party becomes the one whose offer is accepted.

II. If the contracting party is not the organizer themselves or engages a commercial intermediary or organizer, the contracting party undertakes to obtain a declaration of accession from the organizer or the commercial intermediary or organizer within 14 days of signing the contract concluded between K.M.C. GmbH and the contracting party. The contracting party and the acceding party are jointly and severally liable for all obligations under the contract. If the contracting party fails to provide the declaration of accession, they are solely liable for the fulfillment of all contractual obligations.

III. K.M.C. GmbH is liable for damages it and its representatives and vicarious agents are responsible for arising from the violation of life, body, or health and from data protection law claims. For damages caused in any other way, K.M.C. GmbH is liable in cases of intent and gross negligence, also of its representatives and vicarious agents, in accordance with statutory provisions. For negligently caused property and financial damages, K.M.C. GmbH and its representatives and vicarious agents are liable only in the case of violation of an essential contractual duty, but limited in amount to the foreseeable and contract-typical damages at the time of contract conclusion; [essential contractual duties are those whose fulfillment characterizes the contract and on which the customer may rely].

IV. The contracting party and the parties acceding to the contract assure that complete information has been provided about the purpose, the orientation, and the participants of the planned event; in case of violations, § 4 II b) of these General Terms and Conditions applies.

V. The contracting party/acceding party is liable for ensuring that, due to the type of event, no disturbance of public safety and order is to be feared. This applies in particular to the volume of musical performances. K.M.C. GmbH points out to the contracting party/acceding party that for the public performance of copyright-protected music, a permit must be obtained from GEMA (Society for Musical Performance and Mechanical Reproduction Rights with seat in Berlin) or the event must be registered there. The fees incurred for this by GEMA shall be borne solely by the contracting party/acceding party.

VI. The right of domiciliary, the authority to control, and the determination of security measures generally lie with K.M.C. GmbH. In addition, the contracting party and the acceding parties exercise these rights within the scope of the event to be carried out for the duration of the event. K.M.C. GmbH is entitled to carry out controls of the deliveries within the scope of the arrivals and departures. The contracting party and the acceding party undertake to obtain the consent of the respective suppliers for this.

VII. The customer is obligated to comply with the regulations of the Non-Smoker Protection Act.

VIII. The contracting party and the acceding party undertake to secure the rooms after the end of the event and to safeguard ownerless items.

IX. Insofar as labeling for additives, allergens, etc. is required for food and beverages prepared and/or sold by K.M.C. GmbH, you will find corresponding information; you will find an overview of allergens on information stands at the entrance to the event rooms. Menus listing the allergens can be inspected on request from the sous chef or service manager. The information about additives and allergens in food is based on information that K.M.C. GmbH receives from manufacturers and suppliers. K.M.C. GmbH prefers, where possible, products without labeling requirements and endeavors to use only food of high quality and regional origin, meat and meat products from species-appropriate animal husbandry, and fish as well as fish products from sustainable fishing. However, the suppliers of K.M.C. GmbH do not offer declaration-free alternatives for all foods. In some products, additives are also unavoidable. Due to the variety of products from individual manufacturers, it is possible that cross-contamination occurs and that portions of unlisted additives are contained in the products. In the kitchen of K.M.C. GmbH, no additives are added directly. However, K.M.C. GmbH cannot exclude that cross-contamination occurs when bringing together different food components in the preparation of food and/or beverages. K.M.C. GmbH can therefore not guarantee that, in addition to the labeled additives, no further additives are present in the offered food and/or beverages. K.M.C. GmbH assumes no liability for the completeness of the ingredients, additives, allergens, etc. listed in the information of K.M.C. GmbH for food and beverages prepared and/or sold by K.M.C. GmbH and assumes no liability for allergic and/or other health reactions when consuming food and beverages prepared and/or sold by K.M.C. GmbH.

I. The contracting party and the acceding party are obligated to pay the contractually agreed prices. This also applies to services and expenses of K.M.C. GmbH to third parties incurred in connection with the event.

II. The contractually agreed prices are subject to statutory value-added tax. If, after the conclusion of the contract, there are changes in statutory VAT and/or a new introduction or change of local taxes affecting the services of K.M.C. GmbH, the prices will be adjusted accordingly without the need for an additional agreement between the parties; for contracts with consumers, this only applies if the period between contract conclusion and contract performance is more than four months. If the period between contract conclusion and contract performance exceeds 4 months, K.M.C. GmbH may raise the agreed price by up to 5% if cost increases for heating, electricity, and water costs or for wages and salaries have occurred in the meantime. The price increase may only be made within the same scope as the cost increases. The upper limit increases by another 5% for each additional year between contract conclusion and contract performance beyond the four months; price changes pursuant to § 3 II sentence 2 of these General Terms and Conditions are not taken into account. Invoices from K.M.C. GmbH without a due date are payable immediately without deduction. In case of payment default, K.M.C. GmbH is at least entitled to the legally permissible default interest. The contracting party reserves the right to prove a lower default damage; K.M.C. GmbH reserves the right to prove a higher default damage.

III. K.M.C. GmbH is entitled to make the conclusion of the contract subject to the condition of advance payment. Unless otherwise agreed in the contract, the advance payment of 100% of the provision costs/room rentals is to be made three months in advance. If the booking is made less than three months before the start of the event, the advance payment of 100% of the provision costs/room rentals is to be made at contract conclusion.

IV. Furthermore, subject to other contractual agreement, an amount of 50% of the calculated price for food and beverages or 50% of the agreed conference packages is to be paid no later than 14 days before the start of the event.

I. K.M.C. GmbH is entitled to withdraw in case of impossibility of contract performance due to force majeure or other circumstances for which K.M.C. GmbH is not responsible.

II. K.M.C. GmbH is also entitled to withdraw for objectively justified reasons, in particular if a. the advance payment is not made even after the expiry of a grace period set by K.M.C. GmbH, b. the acceptance of the request comes about due to misleading or false information about essential facts related to the planned event, c. there is justified reason to assume that the event may endanger the smooth business operations, security, or public reputation of K.M.C. GmbH.

III. K.M.C. GmbH must inform the contracting party and the acceding party of the exercise of the right of withdrawal without delay in writing.

IV. In the case of a justified withdrawal by K.M.C. GmbH from the contract, no claim for damages by the contracting party and/or the acceding party arises.

I. If the contracting party cannot use the rented property for the agreed purpose for reasons within their risk area, they remain obligated to pay the agreed rent and the ordered partial services.

III. The contracting party shall notify K.M.C. GmbH of their withdrawal in writing if prevented. Depending on the time of receipt of the withdrawal declaration by K.M.C. GmbH, a default compensation is to be paid. The default compensation is at least 25% of the contractually agreed fee and is calculated according to the service: - Rental service: basis of calculation is the contractually agreed rent. - Culinary services (food/beverages): basis of calculation is the contractually agreed package/menu price per person; if no package/menu price is agreed, a daily rate of €50.00 per person applies as the basis of calculation.

Decisive for the timing in the following paragraphs IV and V is the receipt of the withdrawal declaration by K.M.C. GmbH; the default compensations listed therein each refer to the affected part of the service (rent or agreed food/beverage revenue) and are limited overall to the contractually agreed total price.

IV. In the case of withdrawal, the contracting party and, where applicable, the acceding party shall pay the following default compensation depending on the receipt of the declaration, provided the contractually agreed usable area is less than 5,000 sqm: a. 50% of the contractually agreed rent if the withdrawal declaration is received up to 1 year before the event date, b. 75% of the contractually agreed rent if the withdrawal declaration is received up to 8 months before the event date, c. 100% of the contractually agreed rent and 50% of the agreed food revenue if the withdrawal declaration is received up to 6 months before the event date, d. 100% of the contractually agreed rent and 75% of the agreed food revenue if the withdrawal declaration is received up to 3 months before the event date, e. for later receipt of the withdrawal declaration, the contractually agreed total price becomes due.

V. In the case of withdrawal, the contracting party and, where applicable, the acceding party shall pay the following default compensation depending on the receipt of the declaration by K.M.C. GmbH, provided the contractually agreed usable area is 5,000 sqm or more: a. 50% of the contractually agreed rent if the withdrawal declaration is received up to 18 months before the event date, b. 75% of the contractually agreed rent if the withdrawal declaration is received up to 15 months before the event date, c. 100% of the contractually agreed rent if the withdrawal declaration is received up to 1 year before the event date, d. 100% of the contractually agreed rent and 25% of the agreed catering revenue if the withdrawal declaration is received up to 8 months before the event date, e. 100% of the contractually agreed rent and 50% of the agreed catering revenue if the withdrawal declaration is received up to 6 months before the event date, f. 100% of the contractually agreed rent and 75% of the agreed catering revenue if the withdrawal declaration is received up to 3 months before the event date, g. for later receipt of the withdrawal declaration, the contractually agreed total price becomes due.

I. The customer can reduce the contractually agreed number of participants by up to 15% free of charge no later than 7 working days before the event date; decisive is the receipt of the written notification by K.M.C. GmbH. Reductions exceeding this trigger default compensation in accordance with the following paragraph.

II. The default compensation due to reduction of the number of participants relates exclusively to the reduced portion of the culinary services and is calculated per "reduced person" from the contractually agreed package/menu price. If a package/menu price is not agreed, the daily rate per person defined in § 5 III of these General Terms and Conditions applies as the basis of calculation.

III. The final number of participants must be communicated in writing to the Convention & Event department of K.M.C. GmbH no later than 7 working days before the event date. This serves as the basis of calculation for the food revenue.

IV. In case of an upward deviation, the actual number of participants is used as the basis of calculation.

V. K.M.C. GmbH reserves the right to provide the organizer with rooms other than those contractually agreed for hosting the event, if providing other rooms is reasonable for the organizer.

VI. If the agreed start and end times of the event shift without prior written consent of K.M.C. GmbH, K.M.C. GmbH may charge the contracting party and/or the acceding party additional costs for service readiness. This does not apply if the shift is due to fault of K.M.C. GmbH.

The contracting party / acceding party may generally not bring food and beverages to events. Exceptions require a written agreement with the Convention & Event department of K.M.C. GmbH. In these cases, a contribution to cover overhead costs is charged (corkage fee).

I. In the premises of K.M.C. GmbH, the technology of K.M.C. GmbH must be used; exceptions are only permitted with prior written consent of K.M.C. GmbH. The contracting party/acceding party is strictly obligated to comply with the Technical Guidelines of K.M.C. GmbH; any deviation from the Technical Guidelines of K.M.C. GmbH requires prior written consent.

II. Insofar as K.M.C. GmbH procures technical or other equipment from third parties on behalf of the contracting party for them, it acts in the name, with authority, and on the account of the contracting party.

III. The contracting party / acceding party is liable for any breach of the general due diligence and supervisory duties during the duration of the use of these items or facilities.

IV. The contracting party / acceding party undertakes to properly return the items and indemnifies K.M.C. GmbH from claims by third parties from the use.

V. The use of the contracting party's / acceding party's own electrical installations using the K.M.C. GmbH power grid requires written consent. The contracting party / acceding party is liable for any disruptions or damages to the technical installations and equipment of K.M.C. GmbH caused by the use of their devices. This does not apply if K.M.C. GmbH is responsible for the cause of damage.

VI. K.M.C. GmbH is entitled to record the electricity costs incurred by the use of brought devices on a flat-rate basis and to charge the contracting party.

VII. The use of the contracting party's / acceding party's own telecommunications and internet media and/or the provision of such by a third party in the rooms rented by K.M.C. GmbH requires the prior written consent of K.M.C. GmbH.

VIII. If, due to the connection of the contracting party's own installations, suitable installations of K.M.C. GmbH remain unused, it is entitled to charge a default fee.

IX. If communication services (internet connections, telephone lines, etc.) are provided to you by third parties (providers), the service level handed over to us by the providers and the associated availabilities pass to the contracting party / acceding party.

X. Disruptions to technical or other equipment provided by K.M.C. GmbH must be eliminated immediately. If this is not possible, measures for proper troubleshooting must be initiated immediately.

XI. The use of externally brought-in technology (e.g., wireless microphones) must in any case be coordinated with K.M.C. GmbH in advance and is only permitted with written approval from K.M.C. GmbH.

XII. Fees for the use of the devices are due immediately. There is no right of retention or reduction unless K.M.C. GmbH is responsible for the disruptions.

XIII. To protect and ensure the smooth running of parallel events, the contracting party / acceding party undertakes to apply for the necessary frequencies for the use of wireless microphones or other transmitting and receiving equipment from the Event Technology department of K.M.C. GmbH, stating the number of transmitting and receiving devices and the desired frequencies. The use of any frequency ranges must be coordinated with K.M.C. GmbH and is only permitted with prior written approval. The frequencies are not allocated by K.M.C. GmbH but by the responsible authority. K.M.C. GmbH only protects the frequency ranges it uses. There is no legal claim to the use of these frequencies on the premises of the Estrel Hotel and Estrel Congress Center.

XIV. Should overlaps with frequencies already used by other tenants arise, specific frequencies are allocated to the contracting party. The contracting party / acceding party recognizes this allocation and undertakes to use exclusively the frequencies allocated to them. In case of violation of this obligation, they are liable for all resulting damages and consequential damages in full.

I. K.M.C. GmbH assumes no liability for exhibition or other items brought to the hotel or to the rented rooms by the contracting party / acceding party and their participants/visitors for the event, unless K.M.C. GmbH is at fault for intentional or grossly negligent fault for the loss, destruction, or damage of these items.

II. The contracting party / acceding party undertakes to use only such decoration material that meets fire police requirements. K.M.C. GmbH is entitled to demand official proof of this, which must be submitted no later than 7 working days before the start of the event. The placement and attachment of items in the hotel and/or in the rented rooms must be coordinated with K.M.C. GmbH.

III. The contracting party / acceding party undertakes to remove all brought-in items immediately after the end of the event. If the contracting party / acceding party does not comply with this obligation, K.M.C. GmbH is entitled to remove all foreign items from the event rooms and to store them at the expense of the contracting party / acceding party.

IV. If the items remain in the event rooms, K.M.C. GmbH is entitled to demand room rental for the duration of the stay. The contracting party / acceding party reserves the right to prove a lower damage; K.M.C. GmbH reserves the right to prove a higher damage. If items left behind by K.M.C. GmbH on request are forwarded to the contracting party/acceding party, the contracting party/acceding party bears the costs and the risk of loss, destruction, or damage of these items.

I. The contracting party / acceding party is liable for all causes of damage to buildings and/or to inventory by event participants or visitors, employees, and/or other third parties attributable to the organizational and control area of the contracting party / acceding party.

II. K.M.C. GmbH is entitled to demand reasonable security from the contracting party (e.g., insurance, deposit, guarantees) for its claims.

III. The contracting party/acceding party is obligated to ensure the safety and order of every event at their own expense and to comply with all applicable public-law regulations, official requirements, and the Technical Guidelines of K.M.C. GmbH in their currently announced version. Necessary security measures may include, in particular, the order of a fire safety guard from the responsible fire department and/or the engagement of qualified medical personnel and/or a security service. For events with a number of participants of more than 400 people, the provision of an emergency medical service with qualified medical personnel is mandatory; further requirements due to official requirements or particular risks remain unaffected. Proof of the security measures must be submitted to K.M.C. GmbH on request. Operator obligations of K.M.C. GmbH due to applicable regulations or official requirements remain unaffected; insofar as this is correspondingly prescribed, K.M.C. GmbH requests a fire safety guard and/or medical personnel and/or a security service, the reasonable costs incurred for this are borne by the contracting party/acceding party.

IV. The contracting party / acceding party undertakes to immediately collect commercial municipal waste generated by them or in their possession (1. paper, cardboard, and carton with the exception of hygienic paper, 2. glass, 3. plastics, 4. metals, 5. wood, 6. textiles, 7. bio-waste) separately after the end of the event and to send them to preparation for reuse or recycling outside the event rooms and to document this. If the contracting party / acceding party does not comply with this obligation, K.M.C. GmbH is entitled to remove all commercial municipal waste and collect and dispose of them at the expense of the contracting party / acceding party.

V. Insofar as for an event waste logistics or disposal on the event grounds is necessary or specified for organizational reasons, the type and scope of services, including any obligation to use a disposal service provider designated by K.M.C. GmbH, the prices applicable thereto, as well as any personnel and equipment requirements are regulated contractually or in a separate individual agreement. If the contracting party/acceding party does not comply with these obligations, K.M.C. GmbH is entitled to carry out the removal, collection, and disposal of the waste at the expense of the contracting party/acceding party. The costs are determined according to the respective agreement; if no such agreement exists, the contracting party/acceding party shall reimburse K.M.C. GmbH for the necessary and reasonable, demonstrated expenses incurred for this.

I. Individual agreements deviating from the above rules require written form; if the customer is a natural person who concludes a contract (legal transaction) for a purpose that can predominantly be attributed neither to their commercial nor self-employed professional activity (consumer), text form is sufficient. Verbal agreements are generally invalid.

II. Changes or additions to the request, the contract, or these GTC require text form. Verbal changes or additions are generally invalid. The cancellation of contracts requires written form; if the contracting party is a natural person who concludes a contract (legal transaction) for a purpose that can predominantly be attributed neither to their commercial nor self-employed professional activity (consumer), text form is sufficient for the cancellation of the contract.

III. K.M.C. GmbH is not willing or obligated to participate in dispute resolution procedures before consumer arbitration boards.

IV. The place of fulfillment and payment is the seat of K.M.C. GmbH.

V. The exclusive place of jurisdiction in commercial transactions is the seat of K.M.C. GmbH. If a contracting party is a contracting party within the meaning of § 38 para. 1 ZPO and has no general place of jurisdiction in Germany, the seat of K.M.C. GmbH applies as the place of jurisdiction.

VI. Exclusively German law applies.