GTC (Terms and Conditions)
1 Scope of application
The terms and conditions (GTC) apply to all services that the HÜFA GmbH provides to its contractors. These services consist mainly in the use of nongratuitous bedrooms and other rooms, as well as the sale of food and beverages. The HÜFA GmbH is entitled to have their services by third parties. 2. These terms and conditions apply to all types of contracts that are concluded with the HÜFA GmbH. The terms and conditions also apply to all future business with the contractual partner. 3. Terms of the contract partner shall not apply even if the HÜFA GmbH does not expressly contradict. Counter-confirmations of the contractor having regard to its GTC are hereby rejected.
2 Conclusion of contract
The relevant contract comes into existence in principle by verbal or written request of the contractor, and only by accepting of the HÜFA GmbH. The HÜFA GmbH shall be free to accept the request in a writing, verbally or in written form-fitting, through performance.
The subletting or the gratuitous use of the rooms provided by third parties as well as the use for other than lodging purposes is possible only with the express written permission of the HÜFA GmbH.
3 Usage of rooms and handover, departure
The provision of the room is solely for accommodation purposes.
The contractor is liable to the HÜFA GmbH for all damages caused by him or by third parties who receive the benefits of the HÜFA GmbH on his own initiative.
The contractor is not entitled to the use of certain rooms.
Unless otherwise agreed, the HÜFA GmbH has the right to assign reserved rooms after 22:00 clock to someone else without the other party can not derive any rights or claims
The room must be vacated on departure day before 10.00 clock. Then the HÜFA GmbH can in addition of the resulting damage charge the additional use of the room by 12.00 clock the pro-rata daily rate, and from 12.00 clock 100% of the full room price will be due
4 Provision of services, prices payments, offsetting and assignment
The prices of the respective services are based on the price list at the time of service delivery of HÜFA GmbH. All prices include the currently applicable rate. Increases in VAT shall be borne by the contractor. If there are more than 60 days between the first contract performance and the conclusion of the contract so the HÜFA GmbH has the right to make a price increase of 10%. Subsequent changes of services, might be reflected in the price. When signing a contract, a deposit of up to 100% of the total amount owed by the contract partner of the HÜFA GmbH can be charged. The actual amount of the deposit and the payment dates can be specified in the contract.
If there a contract has been completed by a contractor on the occasion of a trade fair, major event or other events taking place and there is no justifiable postponement for the HÜFA GmbH, this Treaty shall apply to the new period only if the fulfillment of the agreed services for the new time are possible. If the provision of services is not possible, the parties may withdraw from the contract without giving any reason. The assertion of claims against the other party is excluded. This does not apply, to possibly already granted benefits. These have to be refunded or credited.
The pecuniary claim is payable 14 calendar days from date of invoice, without deduction. The delivery of invoices counts as received after 3 days from date of invoice. The pecuniary claim of the use agreement is contracted separately. In case of payment delay, the statutory provisions apply.
A delay of payment entitles the HÜFA GmbH to withhold all further and future services, and makes the future services dependent of the still outstanding payment . For every reminder, a fee of 5.00 Euros will be charged.
Reservations are binding for both parties. If it comes to cancellations by the contractual partner, this compensation shall be made as follows:
a) No compensation if the written cancellation is received 14 days before the beginning of the performance period of the HÜFA GmbH
b) Compensation to the amount of 50% of the value of the ordered service if a written cancellation is received 7 calendar days prior to the beginning of the performance period of the HÜFA GmbH
c) Compensation to the amount of 100% of the value of the ordered service if a written cancellation is received 1 calendar day prior to the beginning of the performance period of the HÜFA GmbH
The contracting party is entitled at any time to verify that the damage to HÜFA GmbH is not given or less
If the canceled agreed period performance by the HÜFA GmbH can be brought otherwise to third party, then the compensation of the contractor reduces by the amount paid by the third party,in the maximum to the elimination of the total compensation
6 Cancellation and termination of the HÜFA GmbH
The HÜFA GmbH is entitled to the statutory provisions to cancel the contract (§ 323 BGB) or to terminate the contract (§ 314) if
a) the other party fails to meet an obligation
b) the fulfillment of the contract by the HÜFA GmbH is impossible, due to force majeure, strike or other circumstances beyond
c) the contractual partner makes misleading statements or gives false information about substantial data
d) the contractual partner uses the name of the HÜFA GmbH in advertising materials without the prior written consent
e) contractual premises are wholly or partially sublet by the contractor without the written consent of HÜFA GmbH,
f) HÜFA GmbH has reasonable grounds to believe that the use of the service puts the smooth business operations, safety or the reputation of the HÜFA GmbH in the public at risk
Before withdrawing or termination from the contract, the contractor has to be informed by letter immediately , not later than 7 working days after knowledge of the reason. Die Vertragsaufhebung durch die HÜFA GmbH begründet keine Ansprüche des Vertragspartners auf Schadenersatz oder sonstige Ausgleichsleistungen. In case of a justified cancellation of contract by the HÜFA GmbH, it is at discretion the HÜFA GmbH to calculate compensation for the services that have been performed.
7 Liability of the HÜFA GmbH, items brought in, and Limitation period
Basically the HÜFA GmbH is responsible for all legal and contractual claims only in case of intentional or grossly negligent conduct.
As an exception the HÜFA GmbH is liable for slight negligence in case of damage
a) which are based on the breach of the essential contractual obligation. In this case, the damage is limited to the foreseeable contract typical damage
b) due to injury to life, limb or health.
The liability of the HÜFA GmbH for consequential or indirect damages is excluded.
Exclusions and limitations apply equally to all companies engaged to carry out his contractual obligations by the HÜFA GmbH, its subcontractors and agents. They do not apply if the HÜFA GmbH assumes a written guarantee for the quality of an object or a work or fraudulently concealed defects.
Obvious defects must be reported immediately at the latest when you arrive at the reception.
The bringing of private electrical equipment is prohibited. The putting up of own furniture requires the prior written consent.
Items which were left behind will be kept by the HÜFA GmbH for 6 months. After that, the things that have a recognizable value, will be handed over to the local lost property office.
8. All claims of the contractor against the HÜFA GmbH from or in connection with the contract expires at the end of one year, commencing on the date the contract is concluded.
8 Place of performance and payment, Jurisdiction, Besides speeches and severability1. Place of performance and payment is the seat of the HÜFA GmbH for both parties.2. German law applies.
3. Place of venue Cottbus
4. Should individual regulations of the contract, including these terms and conditions be invalid, this shall not affect the validity of the remaining regulations. The parties shall replace the invalid regualtion or any existing regulation gaps immediately by an effective regulation that comes closest to the intended purpose and their economic significance.