AGB Tommis Restaurant

Siegboot Hotel and Catering - Terms of business for events

Area of application
1. These terms of business are valid for contracts in case of rental or lease of function rooms for events, like banquets, seminars, conferences, etc. as well as for all further services provided by Siegboot Hotel und Gastronomie GmbH & Co.KG in this context.
2. General terms of business of the customer do not apply. Any changes or alterations must be confirmed in writing by Siegboot Hotel und Gastronomie GmbH & Co.KG.

Contract/Licence to a third party
1. A binding contract is created by acceptance and confirmation of the customer’s enquiry by Siegboot Hotel und Gastronomie GmbH & Co.KG to the host/organizer. Host/organizer and Siegboot Hotel und Gastronomie GmbH & Co.KG are contractual partners.
2. Siegboot Hotel und Gastronomie GmbH & Co.KG commits itself to provide the reserved rooms and booked services.
3. The host/organizer guarantees that the booked event will take place at Hotel Siegboot and Tommis Restaurant and that they will pay the stipulated prices for services of Siegboot Hotel und Gastronomie GmbH & Co.KG.
4. Should an event exceed 2 a.m. a standardized additional fee for night work of 50.00€ per each hour or part thereof will be charged.
5. Subleasing or any other letting to third parties of the rooms and spaces let require the consent of Siegboot Hotel und Gastronomie GmbH & Co.KG in advance.

Charges, payments, summation
1. Statutory value added tax is included in the agreed costs unless it is shown separately. If the period between the conclusion of contract and the event exceeds 6 (six) months and the costs for services of the kind by Siegboot Hotel und Gastronomie GmbH & Co.KG increase, the charge agreed upon in the contract can be increased respectively.
2. In case the host/organizer arranges any changes (with consent of Siegboot Hotel und Gastronomie GmbH & Co.KG) those are no longer fixed with the original cost.
3. Invoices by Siegboot Hotel und Gastronomie GmbH & Co.KG must be settled within 10 days after receipt of invoice without deductions. For delays in payment, interest of 4% can be charged over the respective discount rate of the Deutsche Bundesbank.
4. Credit cards for payment of banquet invoices, special events and conferences are only accepted with explicit consent of Siegboot Hotel und Gastronomie GmbH & Co.KG

Liability for defects, limitation
1. In case of defects or a disruption of services of Siegboot Hotel und Gastronomie GmbH & Co.KG the host/organizer is required to notify them immediately so that Siegboot Hotel und Gastronomie GmbH & Co.KG has the opportunity to remediate or recreate the services agreed upon in the contract as soon as possible. Should this not be possible due to the nature of the defect/disruption or for other compelling reasons or cannot be expected of the host/organizer, damage claims must be made at handing over the rooms to Siegboot Hotel und Gastronomie GmbH & Co.KG at the latest. The host/organizer is obliged to hold damage as small as possible.
2. In addition, liability of Siegboot Hotel und Gastronomie GmbH & Co.KG in the area not typical to performance is limited to damages due to intention or gross negligence of Siegboot Hotel und Gastronomie GmbH & Co.KG. This especially applies to claims for warranted features and negligence at conclusion of contract (culpa in contrahendo).
3. Customer’s claims for failure of performance or faulty performance or for reasons of additional liability of Siegboot Hotel und Gastronomie GmbH & Co.KG become time-barred after 6 (six) months at the latest (subject to a possible shorter statutory period of limitation) from the day of the end of the event agreed upon in the contract for the rental/lease of function rooms.

Cancellation by the banquet customer
1. Cancellations by the host/organizer must be made up to two weeks prior to start of event.
2. In case the customer cancels a banquet (= wedding reception, birthday party or similar festivities), the most inexpensive 4 course meal (meal for festivities) and a flat-charge for beverages (45.00€) as a base or the turnover of food and beverages, if agreed upon in advance, will be charged at cancellation of the event as follows, beside the rent of the booked function room:

- Cancellation later than 7 days before start: 50%
- Cancellation on day of event: 100%

In case the date can be sold again for a similar event there are no cancellation fees.

3. The conditions also apply if the customer does not start the event for any kind of reason Siegboot Hotel und Gastronomie GmbH & Co.KG cannot be held responsible for (e.g. force majeure).
4. The host/organizer is not obliged to payment if the cancellation of the host/organizer is caused by reason created by Siegboot Hotel und Gastronomie GmbH & Co.KG.
5. Services by third parties or extra services which become futile due to cancellation must be paid for by all means.

Cancellation by Siegboot Hotel und Gastronomie GmbH & Co.KG
1. Siegboot Hotel und Gastronomie GmbH & Co.KG is entitled to withdraw from the contract due to objectively justified reasons, i.e. if force majeure or other circumstances Siegboot Hotel und Gastronomie GmbH & Co.KG cannot be held responsible for render the accomplishment of the contract unacceptable; if events are booked by misleading or incorrect specifications of essential facts, i.e. of the host/organizer or the purpose of the event; if Siegboot Hotel und Gastronomie GmbH & Co.KG has justified reason to assume that an event can jeopardize a smooth execution of business processes, the safety or the reputation of Siegboot Hotel und Gastronomie GmbH & Co.KG .
2. This applies also if Siegboot Hotel und Gastronomie GmbH & Co.KG has reason to assume that the host/organizer or participant sympathises with or is follower of Scientology or the ideas of L. Ron Hubbard or is bound by instructions of an organization which spreads or uses the Hubbard technology.
3. If Siegboot Hotel und Gastronomie GmbH & Co.KG is entitled to justified withdrawal from the contract the host/organizer is not eligible for damages. Siegboot Hotel und Gastronomie GmbH & Co.KG must inform the host/organizer about the exercise of the right of withdrawal immediately.

Number of participants, changes thereof, changes of times and places
1. The host/organizer of the banquet informs Siegboot Hotel und Gastronomie GmbH & Co.KG about the final number of participants 72 hours prior to the start of the event at the latest.
2. In case the number of participants decreases compared to the original order the number of participants which the host/organizer announced 72 hours before will be charged. In case of increase of number the actual number of participants will be charged.
3. Should prearranged start and end times of the event change/shift without prior consent of Siegboot Hotel und Gastronomie GmbH additional costs of service can be charged unless Siegboot Hotel und Gastronomie GmbH is at fault for the shift.
4. Siegboot Hotel und Gastronomie GmbH & Co.KG is entitled to decide, after discussing the matter with the host/organizer, if an event is carried out in the restaurant due to bad weather conditions, if events have been booked for the summer garden/beer garden.

1. Food and drinks for events are exclusively provided for by Siegboot Hotel und Gastronomie GmbH & Co.KG. All exceptions require a written agreement. In these cases an amount of money for covering the general costs (“cork/plate money”) will be charged. The host/organizer is fully liable for food and drinks brought and liberates Siegboot Hotel und Gastronomie GmbH & Co.KG from all demands by third parties.
2. Taking away food from the buffet is not allowed.

Technical equipment and data transmission lines
1. Siegboot Hotel und Gastronomie GmbH & Co.KG acts in the name, per pro and against invoice of the host/organizer if technical and other equipment etc. is procured from third parties on behalf of the host/organizer. The host/organizer is liable for careful handling and orderly return. Siegboot Hotel und Gastronomie GmbH is free from all claims of third parties from letting this equipment.
2. The use of electrical equipment privately owned by the host/organizer using the power supply of Siegboot Hotel und Gastronomie GmbH & Co.KG requires written agreement. Disruptions or damages in technical equipment of the hotel/restaurant caused by this equipment shall be bourne by the host/organizer unless Siegboot Hotel und Gastronomie GmbH & Co.KG or members thereof are responsible. Electricity costs caused by the use may be registered and charged overall by Siegboot Hotel und Gastronomie GmbH & Co.KG unless agreed otherwise.
3. The host/organizer is only entitled to use own phone, fax or other equipment for the transmission of data with consent of Siegboot Hotel und Gastronomie GmbH & Co.KG. A connection fee can be charged then.

Loss or damage of items brought by guests – liability of the hotel/ restaurant
1. All brought items of business or personal use are placed in the function rooms at the host/organizer’s risk. Siegboot Hotel und Gastronomie GmbH & Co.KG does not take any duty for surveillance or keeping. Items intended for the event should be taken to the hotel/restaurant not earlier than 2 days before the event if possible. There is no liability for Siegboot Hotel und Gastronomie GmbH & Co.KG concerning loss, destruction and damage, only in case of gross negligence, intention or damage of contract duties by Siegboot Hotel und Gastronomie GmbH & Co.KG, limited to the respective limit of indemnity of the business liability insurance. The insurance of items brought to the venue falls to the host/organizer.

Host/Organizer’s liability for damages
1. The host/organizer is liable for all damages, e.g. to the building or equipment which are caused by participants of the event or visitors, employees or other third parties from their field or by themselves.
2. Die Siegboot Hotel und Gastronomie GmbH & Co.KG is entitled to demand appropriate securities (e.g. insurances, deposits, guarantees, etc.) from the host/organizer.

Miscellaneous
1. Photographic images for commercial purposes may only be taken with prior written consent by Siegboot Hotel und Gastronomie GmbH & Co.KG.
2. Newspaper adverts indicating the event also require approval.
3. Fireworks are allowed in Germany only at New Year’s Eve from December 31 to January 1. For special events, e.g. weddings or similar festivities, a special permit issued by the authorities is necessary. Enquiry forms are available for downloading on the Internet. The host/organizer is responsible for the permission.
4. GEMA fees are at the host/organizer’s expense in case music is brought to the event.
5. Any alterations or additions to the contract require written form. Changes only from the client’s side are not valid.
6. Should single parts of the contract be invalid the validity of the remaining stipulations is not affected. The parties will replace invalid stipulations by others which come closest to the intended commercial purpose.
7. For damage claims of all kinds the following applies: proof of a lower damage is left to the host/organizer, proof of a higher damage is left to Siegboot Hotel und Gastronomie GmbH & Co.KG.
8. Place of fulfilment and payment is – if legal – the place of business of Siegboot Hotel und Gastronomie GmbH & Co.KG in Siegen/ Germany. Exclusive place of jurisdiction is the place of business of the hotel/restaurant or of Siegboot Hotel und Gastronomie GmbH & Co.KG respectively. German law applies.