General Terms & Conditions of Business for the Conference and Banquet Agreement
Status: 01.01.2021 – Subject to changes
1. Scope of application
These terms and conditions apply to the renting of conference and banqueting facilities at the centre of culture and education for the purpose of staging events, and to all other services and deliveries related thereto and to be provided by Kloster Seeon Centre of Culture and Education owned by the Upper Bavarian authorities and hereinafter referred to as KBZ. They apply in particular to the technical support provided at events, and to the catering and accommodation services. The customer’s terms and conditions shall only apply if this has already been explicitly agreed in writing.
Once the Conference and Banquet Agreement has been signed by the event organiser and KBZ, all room and space bookings, hotel room reservations and the agreement for KBZ to provide any other deliveries or services become legally binding. A contractual rental agreement will be considered to be in place if rooms and/or spaces have been provided, and also if the original scope of the agreement has been exceeded. The contract comes into effect at the moment the customer’s application for facilities and services has been accepted by the hotel. The hotel reserves the right to confirm room bookings via a text format. Once booked, the room shall be available to the customer from 15.00 on the agreed day of arrival. The customer shall not be entitled to demand the room any earlier than this. The rooms must be vacated and handed over to the hotel no later than 11.00 on the agreed day of departure. If the deadline is exceeded, due to the late handover of the room, the hotel shall be entitled to invoke a breach-of-contract clause determining that use of the room has continued until 18.00 and thus subject to a surcharge of 50% of the full price of accommodation (list price). Any usage beyond 18.00 is charged at 100% of the daily room price. This shall not give the customer the right to press any contractual claims. He/she will have the right to provide evidence to prove the hotel is entitled to less or none of compensation for the extended use of the room.
No pets are permitted on the premises.
4. Subletting and reletting
All subletting and reletting of rooms or spaces is subject to the prior provision of written permission by KBZ.
Prices are expressed as gross prices and include VAT. Any increases in VAT rates will be passed on to the customer. Additional services will be added to the prices valid for the day of the event.
KBZ’s demands for payment must be honoured within 10 days of the invoice being sent – without deductions. KBZ is entitled to demand a reasonable down payment prior to service provision. The hotel is entitled to demand immediate payment of all due sums from the customer. If a payment is overdue, the hotel shall be entitled to demand payment of the applicable statutory default charges – currently 8%, or to charge of 5% above the basic rate of interest for legal transactions involving a consumer. The hotel reserves the right to justify claims for even greater damages.
7. Duty of the customer to be actively involved
Participant number at events and conferences with food and/or beverages.
The duty of the customer to be actively involved ensures KBZ is able to prepare for the event with all due care and attention. Hence, the event organiser must inform KBZ of the number of participants expected at the event or conference – at the latest 10 working days before the date of commencement. Deviations of ≤5% fewer participants than the original reported total shall incur no extra charge. If even fewer participants attend, beyond the lower limit, the KBZ shall be entitled to invoke its claim for standardised compensation rates as listed in point 15 of this agreement. If more participants attend than officially registered, KBZ will invoice for the actual number of participants present. If larger participant numbers become likely, this must be coordinated with KBZ in advance.
8. The consumption of food and drink
The event organiser shall not be entitled to bring to the venue and/or consume his/her own food and drink, or bring and/or consume food and drink prepared by, or purchased from, third parties. In special cases (such as national specialities, medical requirements, demonstrative purposes) a specific written agreement must be made with KBZ who may also add a service surcharge or a handling fee.
9. Change of rooms and facilities
KBZ reserves the right to allocate the event organiser rooms other than those originally agreed, provided this means of accommodating KBZ’s own interests is acceptable to the event organiser.
. Third-party items and property
If, on behalf of the organiser, KBZ obtains devices or items, technical or otherwise, KBZ shall do so as an official representative – and at the expense of the organiser. The organiser accepts liability towards KBZ for the careful treatment and correct return of all such devices and items, and shall indemnify KBZ in regard of all third-party claims for damages resulting from the provision of the said devices and items.
All publication, promotion or announcements making reference to KBZ, and which include invitations to sales events or references to other events, must be approved by KBZ in writing prior to implementation. If any such publication, promotion or announcement is made without KBZ’s approval and this subsequently interferes with key KBZ interests, KBZ shall be entitled to withdraw from the contract and to cancel the event. Moreover, KBZ shall be entitled to invoke its claim for standardised compensation rates as listed in point 15 of this agreement.
12. Non-fulfilment of, and withdrawal from this agreement
12.1. If the organiser fails to fulfil the conditions of the conference or banquet agreement, as would be the case if the event was cancelled, or guests or the organiser failed to appear, KBZ shall be entitled to invoke its claim for standardised compensation. The amount of standardised compensation is based on the figures in KBZ’s order confirmation and point 15 of this agreement.
12.2. The organiser shall be obliged to inform KBZ in writing of the reasons for non-fulfilment.
12.3. KBZ shall be entitled to withdraw from the contract if there is a justified reason to assume the event is at risk of infringing upon the smooth operation of business activities, of endangering safety at the facility or of damaging the reputation of the venue. KBZ is also entitled to cancel an event as a consequence of force majeure.
13. Damage or loss
13.1. The organiser shall be held liable for damage or losses caused by himself/herself, his/her employees, helpers and subcontractors, participants and visitors at the event or their assistants. The organiser is obliged to sign insurance policies that cover these risks. KBZ reserves the right to demand proof of insurance for specific items.
13.2. In order to prevent damage, no decorations or any other objects may be mounted on, or attached to, walls and doors. The organiser shall be held liable for ensuring all decorative materials and other items comply with official fire safety regulations. In case of doubt KBZ is entitled to demand to see official confirmation provided by the responsible fire safety office.
13.3. KBZ shall only be liable for losses or damage to devices and items brought by the organiser, his/her employees, assistants, visitors, customers or guests, if gross negligence or intention can be proven on the part of KBZ. No liability claims will be entertained for cases of mild negligence.
13.4. No smoking is permitted at the venue. A cleaning fee will be charged for each violation of this rule.
14. Court of jurisdiction, place of fulfilment, and applicable law.
The KBZ venue is the place of fulfilment and the court of jurisdiction is situated in Traunstein. The laws of the Federal Republic of Germany shall apply.
15. Standardised compensation rates
The following compensation rates have been agreed for cases in which KBZ is entitled to standardised compensation payments due to withdrawal from the contract or other reasons for cancellation: These rates are contained in the brochure that can be downloaded here.