Booking terms for Stift Urach – Einkehrhaus der Evangelischen Landeskirche in Württemberg

1. General

Stift Urach – Retreat Centre of the Evangelical-Lutheran Church in Württemberg (hereinafter referred to as “Conference Centre”) is an institution and conference venue of the Evangelical-Lutheran Church in Württemberg. It belongs to the cooperation of the “Evangelische Tagungshäuser in Württemberg” (Evangelical Conference Centres in Württemberg) within the Evangelical-Lutheran Church in Württemberg.
The Conference Centre offers accommodation and facilities for conferences, seminars and similar events, also for use by external event organisers and private individuals (hereinafter referred to as “Client”).

2. Booking contract

These terms and conditions (hereinafter referred to as “booking terms”) constitute part of the agreement concluded between the Conference Centre and the Client (booking contract).
The booking contract is based on the performance and service description in the basis for booking available to the Client (online description at http://www.stifturach.de/).
The contract shall come into force upon confirmation of the reservation and the mutual signing of the booking contract by the Conference Centre and the Client. Only authorised persons are entitled to sign the contract.
These booking terms apply to the entire scope of performance rendered by the Conference Centre, in particular the provision of guest bedrooms, other rooms and other services. Subletting or re-renting of the rooms provided as well as the transfer of use to third parties is not permitted.

3. Arrival and departure

Arrival and departure dates and times will be agreed on an individual basis between the Conference Centre and the Client. Where guest bedrooms have been booked, these will be available to the Client from 13:00 onwards on the day of arrival. The Client is not entitled to claim earlier availability. Bedrooms must be vacated no later than 9:30 on the day of departure. Insofar as availability permits, occupancy of the room may be prolonged at extra charge upon sufficient notification of such a requirement having been given.
In the event of arrival being delayed, the Client undertakes to inform the Conference Centre of this delay immediately, insofar as this is possible and can reasonably be expected of him.
Compensation for use will be charged for guest bedrooms which are not vacated by 9:30 on the day of departure.

4. Payment terms

The Client will receive an invoice for the performance and services agreed and received. This invoice will be submitted to the Client by the Conference Centre in written form or electronically via email. Payment is due immediately. The prices and performance agreed constitute the basis of calculation. These will be charged for the duration of the stay and will apply as the basis of calculation for each Client/guest.
In principle, an invoice for full settlement (total bill) will be issued for the event; by way of exception, separate invoicing of individual Clients/guests may be agreed upon in return for reimbursement of costs.
The Client is under obligation to bear all costs caused by the Client, on behalf of or at the request of the Client, his guests, representatives or staff for all goods and services.
Insofar as individual items on the invoice are disputed, these must be clarified with the Conference Centre within one week of the invoice having been issued. The remaining amounts invoiced are due with immediate effect and must be settled by the Client in accordance with the provisions stipulated above.

5. Withdrawal from the contract

5.1. Withdrawal and termination by the Conference Centre

5.1.1. Withdrawal for good cause

In the event of good cause, the Conference Centre may withdraw from the booking contract if significant conditions for the provision of accommodation alter for reasons for which the Conference Centre cannot be held responsible.

5.1.1.1. Force majeure

This applies in particular in the event of the provision of accommodation being endangered, impaired or rendered impossible as a result of force majeure arising from natural catastrophes, epidemics and plagues, as well as in the case of closure or the interruption of business on administrative orders.

5.1.1.2. Guest bedrooms and catering area

The Conference Centre may, in particular, withdraw from the contract at any time prior to commencement of the stay, or terminate the contract following commencement thereof, if the guest bedrooms, kitchen and dining areas or the kitchen facilities are not available for reasons beyond the control of the Conference Centre, and alternative rooms or replacement facilities cannot be made available.

5.1.1.3. Purpose and content of the event

Good cause for withdrawal is likewise given if, in respect of a planned conference, seminar or similar event, facts become known to the Conference Centre which give justified cause for doubt that the planned event is reconcilable with the objectives of the Evangelical-Lutheran Church in Württemberg.

5.1.1.4. Disruptive events

This shall furthermore apply if facts become known which raise legitimate cause for concern that the planned event might negatively affect the smooth running of the other business operations of the Conference Centre or cause annoyance to other guests.

5.1.2. Refund of sums paid

Any payments relating to the booking which might already have been made will be refunded immediately by the Conference Centre, to the full amount in the case of withdrawal prior to commencement of the stay and proportionally in relation to the specified total duration in the case of termination following commencement of the stay.

5.1.3. Exclusion of further claims

Cancellation or termination of the booking contract for good cause does not constitute grounds for claims for reimbursement of other costs incurred by the guest such as travel expenses, accommodation costs or costs arising from a loss of working hours. The Conference Centre shall not be liable for indirect damages, in particular loss of profit or third-party claims.

5.1.4. Termination without notice in the event of unreasonableness

The Conference Centre may terminate the booking contract without notice while maintaining entitlement to payment of the agreed price if one or more members of the Client’s party disturbs the smooth running of the Conference Centre’s business operations despite being cautioned, if they damage or destroy facilities belonging to the Conference Centre or if, for any other reason attributable to the Client, their further participation is unacceptable for the Conference Centre, its management or other guests.

5.2. Withdrawal and termination by the Client

Where registration has already become effective, the Client may withdraw from the contract at any time prior to commencement of the stay by submitting a declaration to this effect to the Conference Centre.
Any form of withdrawal from the contract must be addressed in writing (e.g. by letter, email, fax) to the correspondence address. After commencement of the stay, the Client is entitled to terminate the contract in the event of significant shortcomings or defects for which the Conference Centre can be held responsible. Termination must, as a matter of principle, be preceded by a notification of defects in accordance with item 9.1 of these terms, giving the Conference Centre a reasonable period of time in which to take remedial action. A deadline can be dispensed with by way of exception if remedial action is objectively not possible, is refused by the Conference Centre or if the continuation of the stay cannot reasonably be expected of the Client for objectively discernible reasons attributable to the shortcoming which has already arisen.

6. Cancellation costs in the event of partial or complete withdrawal from the contract by the Client

In the event of withdrawal from the contract by the Client, the Conference Centre’s entitlement to the agreed total price shall remain unaffected, however expenses saved and alternative occupancy will be credited. The Client is therefore merely under obligation to bear the following proportion of the prices for the rooms and services ordered by him, insofar as he is unable to prove lesser damages (see below). The cancellation charges are calculated according to the number of days remaining prior to the agreed commencement of the booking. The following flat-rate amounts are payable for the full performance and services or the partially cancelled performance and services:

Withdrawal 85 or more days prior to agreed commencement of the booking 0%
84 to 57 days prior to agreed commencement of the booking 20%
56 to 15 days prior to agreed commencement of the booking 40%
14 days or less prior to agreed commencement of the booking 80%

These cancellation charges are also payable in the event of fewer delegates participating in the event than previously declared by the Client. They will then be charged in accordance with the rates stated above for those persons not participating in the event contrary to the original registration.
In the event of more delegates than originally registered taking part and the accommodation and catering for these additional persons being possible, no further cancellation charges will be incurred for them beyond the additional booking costs.

6.1. Exclusion of remission of cancellation charges

Remission of the booking or cancellation charges incurred through withdrawal from the contract by the Client for reasons attributable to him is categorically excluded.

6.2. No-show or late notification of withdrawal

Where the Client’s group or the individual Client fails to show for the event or the agreed commencement of the booking without notification of withdrawal from the contract having been submitted on time (no-show), the total cost of the booking will be charged, likewise where notification of withdrawal is only received by the Conference Centre after the agreed time of commencement.
However, the Conference Centre must make reasonable efforts within the scope of its normal business proceedings to secure alternative use of the accommodation; should these efforts result in alternative occupancy or otherwise saved expenses, the reserved right of proof as specified hereinafter under item 6.3 shall apply.

6.3. Compensation on proof of actual damages

Both parties to the contract expressly reserve the right to provide proof that the damages incurred by the Conference Centre differ from the aforementioned flat rates, for example on account of alternative occupancy during the same period with the same performance and services, or due to unforeseeable additional expenses owing to the withdrawal or no-show. The same shall apply in respect of the amount of the handling costs.
Where such proof is provided, the Client is under obligation to pay the specifically calculated and quantified actual damages for losses.

7. Checklist / Registration form

In order to ensure that the event is conducted properly, the Client is required to return the completed registration form from the booking contract to the Conference Centre within three weeks of receipt. A list of participants must be submitted to the Conference Centre no later than three weeks prior to the start of the event.

8. Meals

Full board encompasses three meals per day. The meal times are as follows:
Breakfast 8:15 – 9:30
Lunch 12:30 – 13:30
Evening meal 18:15 – 19:30
Additional meals, mid-morning snack, coffee and tea breaks by arrangement.
Meal times deviating from those stated above have to be specified on the registration form of the booking contract (item 7).
Special dietary requirements have to be notified to the Conference Centre with submission of the list of participants three weeks prior to the start of the event.
Special events such as receptions, buffets etc. are subject to prior arrangement and will be charged separately.
It is not permitted for food or drinks of any kind to be brought to events.

9. Liability and guarantee

9.1. In the event of the performance actually rendered

not corresponding to that contractually agreed, the Client must notify the Conference Centre immediately of any shortcomings or defects arising and request that these be remedied.
In the case of the stay being significantly impaired on account of a shortcoming or defect, the Client shall set a reasonable period of time within which the Conference Centre can take remedial action. The provisions as stated under item 5.2 shall apply. The Conference Centre is not liable for damages arising from harm inflicted to life, limb and health of the Client, insofar as these are not based on an intentional or grossly negligent breach of duty on the part of the Conference Centre or one of its vicarious agents.
The Client is under obligation to assert any guarantee claims against the Conference Centre within one month of the end of the booking period specified in the contract.

9.2. Damages or losses

The Client shall be liable to the Conference Centre for damages or losses caused through negligent or intentional conduct on the part of the Client, his guests, staff or representatives. As a general principle, it is not permitted to affix items to wall coverings, windows or doors.
Damage to Conference Centre property and losses caused by the Client must be reported immediately to the Conference Centre.

9.3. Parking space

Insofar as a parking space is made available to the Client on the Conference Centre grounds, this does not constitute a safekeeping agreement. The Conference Centre is under no obligation to provide surveillance. The Conference Centre assumes no liability for damages to vehicles using Conference Centre parking spaces.

9.4. Property

The Conference Centre is not liable for damage to or loss or theft of property or valuables brought onto the premises by the Client. Items left behind by the Client will only be forwarded at the request and risk of the Client. The Conference Centre undertakes to store such items for a period of six months.

10. Animals

For reasons of hygiene and out of consideration to other guests, no animals are allowed on the premises. Assistance dogs constitute the sole exception to this regulation. The Conference Centre must receive notification of accompanying assistance dogs no later than three weeks prior to commencement of the stay. The owner is liable for any damages the accompanying dog might cause. This applies in the case of damages identified and claimed for during the stay, as well as those identified and claimed for during a period of six months following the end of the booking.

11. Overnight camping in a tent or car

It is forbidden to camp overnight in a car, camper van, caravan or tent on the entire grounds of the Conference Centre. The Client has the duty to ensure that the participants are informed accordingly.

12. Licences

The Client is required to procure any official licences necessary for an event in good time and at his own expense. He is responsible for complying with all public-law requirements and other regulations. Levies payable to third parties in connection with the event, such as performance rights fees (GEMA), must be paid directly to the creditor concerned.

13. Data protection and use of data

Personal data relating to the Client required for preparing and conducting the accommodation and for invoicing will be stored and processed electronically. Any storage or use beyond this for the purpose of information about other events will take place only with the express consent of the Client concerned.
Client data will not be passed on to third parties for commercial purposes.
Insofar as personal data of the Client is processed, the data processing will be carried out predominantly in accordance with the Data Protection Act of the Evangelical Church in Germany and the provisions stipulated by the German Federal Data Protection Act.

14. Limitation period

With the exception of cases of intent and claims arising from harm inflicted to life, limb and health, all claims of the Client against the Conference Centre are time-barred in respect of contractual and non-contractual liability within one year of commencement of the standard limitation period.
The limitation period commences at the end of the year in which the claim arose and the Client obtained or could, without gross negligence, have obtained knowledge of the circumstances giving rise to the claim against the Conference Centre.

15. Court of jurisdiction

Court of jurisdiction in the event of legal action by the Client against the Conference Centre or by the Conference Centre against the Client is the official place of business of the Conference Centre.

Correspondence address:
Stift Urach
Einkehrhaus der Evangelischen Kirche in Württemberg
Bismarckstrasse 12
72574 Bad Urach
Germany
Fax: +49-(0)71 25 / 94 99-99
Email: info@stifturach.de

These terms and conditions shall come into force on 1 March 2017