§ 1 Scope
1. These General Terms and Conditions (hereinafter referred to as "GTC") shall apply to all services provided by Fördergesellschaft IZB mbH (hereinafter referred to as "IZB") to the guest, the organiser and other contractual partners (hereinafter referred to as "contractual partners") in connection with the accommodation facility "IZB Residence CAMPUS AT HOME" (Am Klopferspitz 21, 85152 Planegg-Martinsried, Germany). The services include in particular the use of guest rooms and other rooms for seminars, meetings, presentations, conferences, banquets and other events against payment as well as all other related services and deliveries of IZB. IZB is entitled to provide its services through third parties.
2. These GTC shall apply to all types of contracts such as accommodation, guest accommodation, contingent or event contracts concluded with IZB.
3. Any GTC of the contractual partner shall not apply, even if IZB does not expressly object to them. Counter-confirmations of the contractual partner with reference to his general terms and conditions are hereby rejected.§2 Conclusion of contract
1. The respective contract is generally concluded following an oral or written application by the contractual partner and acceptance by IZB. IZB is free to accept the application in writing, orally, in text form (e-mail, fax) or finally by providing the service.
2. Subletting or re-letting or the use of the guest rooms provided free of charge by third parties as well as the use for purposes other than accommodation shall only be permitted with the express consent of IZB. Upon request, IZB may grant a written exemption at its own discretion.§ 3 Use of guest rooms, handover of guest rooms, departure
1. The guest rooms are provided exclusively for accommodation purposes.
2. The contractual partner shall be liable to IZB for all damage caused by him or by third parties using the services of IZB at his instigation.
3. The contractual partner shall not be entitled to the use of specific guest rooms. If guest rooms in IZB Residence CAMPUS AT HOME are not available, IZB will inform the contractual partner immediately and offer an equivalent replacement in a nearby accommodation establishment of the same category. If the contractual partner refuses this, IZB will immediately refund any advance payments made by the contractual partner. However, any further damage to the contractual partner is excluded.
4. Booked guest rooms are available to the contractual partner from 02:30 pm on the day of arrival. Unless expressly agreed otherwise, IZB is entitled to reassign booked guest rooms after 06:00 pm on the day of arrival, without the contractual partner being able to derive any rights or claims against IZB from this.
5. The guest rooms must be vacated by 11:00 am at the latest on the day of departure. In the event that the guest rooms are vacated later up to 6:00 pm on the day of departure, IZB shall be entitled to a flat-rate surcharge of EUR 20.00 in addition to the guest room price agreed with the contractual partner; in the event that the guest rooms are vacated after 6:00 pm, IZB shall be entitled to the agreed guest room price for an additional night. Furthermore, IZB shall be entitled to assert claims against the contractual partner for any additional damage caused by the delayed eviction. The contractual partner is at liberty to prove that the damage is lower.§ 4 Events
1. If the contractual partner organises an event in IZB Residence CAMPUS AT HOME and has rented rooms in the so-called "Faculty Club" of IZB for this purpose, the contractual partner shall be obliged to obtain all food and beverages exclusively from the restaurant "SEVEN AND MORE" located in IZB Residence CAMPUS AT HOME. A contractual relationship for these catering services shall exist exclusively between the contractual partner and the restaurant.
2. If the agreed start time of an event is postponed, the contractual partner shall be obliged to reimburse IZB for all damages and additional costs incurred as a result.
3. Reserved rooms are only available to the contractual partner within the contractually agreed period. Any use beyond this period requires the express consent of IZB and will generally only be granted against payment of an additional fee.
4. All official permits required for an event shall be obtained by the contractual partner at its own expense and risk, unless expressly agreed otherwise. The contractual partner shall also be obliged vis-à-vis IZB to comply with all relevant (regulatory) legal provisions. Any fees payable to third parties in connection with the event, such as GEMA fees, entertainment taxes or similar, shall be paid by the contractual partner to the respective creditor without delay.
5. The contractual partner shall be liable for all damage caused by its employees, event participants or other third parties who are granted access to IZB Residence CAMPUS AT HOME at the instigation of the contractual partner. IZB shall be entitled to demand that the contractual partner provide appropriate security (e.g. insurance, deposits, guarantees) prior to the event.
6. In order to prevent damage, the attachment and installation of decorative materials or other objects must be agreed with IZB in advance. Exhibits and other items brought onto the premises must be removed immediately after the end of the event. If the contractual partner fails to comply with this provision, IZB shall be entitled to remove and dispose of the goods and, in the case of valuables, to store them, in each case at the expense of the contractual partner. All items brought to an event must comply with all relevant official and statutory regulations.
7. IZB does not provide insurance cover for items brought in. The conclusion of any necessary insurance is the sole responsibility of the contractual partner.
8. Faults or defects in the equipment or facilities provided by IZB shall be remedied to the extent that IZB is able to do so. The contractual partner may not derive any claims from this.
10. If the contractual partner brings in his own electrical equipment, he shall require the consent of IZB prior to connection to the electricity grid. IZB shall be entitled to charge the electricity consumption incurred in accordance with the valid prices of the power supply company. However, IZB is also free to record and charge the electricity consumption on a flat-rate basis. The contractual partner is obliged to compensate for any faults or defects caused by the connection.
11. If IZB provides technical or other third-party equipment for the contracting party's event, IZB shall act in the name of and on the account of the contracting party. The contractual partner undertakes to treat such equipment with care and to return it in an orderly manner and to indemnify IZB against all claims of third parties upon first request.
12. Without the express consent of IZB, the contractual partner is not entitled to bring food and beverages to an event itself or to have them delivered by other third parties, contrary to the provision in § 4 clause 1.
13. Any publications relating to events on the premises of IZB Residence CAMPUS AT HOME, such as newspaper advertisements or announcements on the Internet, shall require the prior express consent of IZB. If a publication is made without the consent of IZB, IZB is entitled to cancel the event without the contractual partner being entitled to derive any claims against IZB from such a cancellation.
14. Any kind of advertising, information, invitations, in which reference is made to IZB Residence AT HOME, in particular through the use of the name, shall require the prior express consent of IZB.§5 Services, prices, payments, offsetting and assignment
1. Unless expressly stated otherwise in IZB's offer, all prices shall be subject to the statutory value-added tax applicable at the time the service is rendered. Other public levies, such as visitor's tax, cultural promotion tax (so-called "bed tax") and the like are not included in the respective prices. The aforementioned charges shall be additionally borne by the contractual partner Any increase in VAT shall be borne by the contractual partner. If there is a period of more than six months between the conclusion of the contract and the provision of the contractually owed service, IZB is entitled to adjust the agreed prices in accordance with the general price development up to a maximum of 15%. IZB is entitled to demand an advance payment or security deposit of up to 100% of the total payment obligation of the contractual partner upon conclusion of the contract. The amount of the advance payment and the payment dates can be stipulated in the contract. The provisions of this clause 1. shall not apply if the parties have expressly agreed otherwise
2. Payment claims of IZB are due without deduction within 10 days after receipt of the respective invoice by the contractual partner. In the event of delayed payment, the statutory provisions shall apply. The date of receipt of payment by IZB is decisive for the timeliness of payment, not the date of transfer or dispatch. The last sentence of clause 1 shall apply accordingly.
3. A delay in payment by the contractual partner entitles IZB to withhold all further and future services or to make the fulfilment of the services dependent on the provision of security in the amount of the outstanding and future payments.
4. IZB is entitled to charge a reminder fee of EUR 10.00 for each reminder in addition to asserting other damages caused by default. Invoices are to be paid immediately in cash or by EC card. IZB is entitled to refuse foreign currency, cheques and credit cards. Reimbursement of unused services is excluded.
5. The contractual partner may only set off against a claim of IZB if the claim of the contractual partner is undisputed or has been declared final and absolute. The same applies to the exercise of a right of retention based on the contractual partner's own claims. The contractual partner may only assign claims and other rights against IZB with the express consent of IZB.§6 Withdrawal, cancellation, reduction
1. If a right of withdrawal has not been agreed or has already expired, if there is no statutory right of withdrawal or cancellation and if IZB does not agree to the cancellation of the contract, IZB shall retain the right to the agreed remuneration even if the agreed service is not used. However, IZB shall have to take into account the income from the rental of the guest rooms or other rooms to other parties as well as the saved expenses. If it is not possible or reasonable to let the guest rooms or other premises to other parties, IZB is entitled to make a lump-sum deduction for the saved expenses. In this case, the contractual partner is obliged to pay the following parts of the contractually agreed total price for the overnight stay.
a) For individual bookings (up to 9 rooms):
aa) IZB has no claim if the written cancellation or reduction is received by IZB up to 1 day before the start of the service period;
bb) IZB has a claim to 100 % of the total price for the overnight stay. IZB has a claim to 100 % of the contractually agreed total price if the written cancellation or reduction is received by IZB less than 2 days before the start of the service period or if no cancellation or reduction is made.
b) For group bookings (from 10 rooms): aa) IZB has no claim if the written cancellation or reduction is received by IZB up to 7 days before the start of the service period;
bb) IZB has a claim to 50 % of the contractually agreed total price if the written cancellation or reduction is received by IZB less than 2 days before the start of the service period or if no cancellation or reduction is made. IZB is entitled to 50% of the contractually agreed total price if the written cancellation or reduction is received by IZB 1 day before the start of the service period;
cc) IZB is entitled to 100% of the contractually agreed total price if the written cancellation or reduction is received by IZB less than 14 days before the start of the service period or if no cancellation or reduction is made.
2. The contractual partner is at liberty to prove that the claim described above did not arise or did not arise in the amount claimed.§7 Withdrawal / cancellation by IZB
1. In accordance with the statutory provisions, IZB is entitled to withdraw from the contract (§ 323 BGB (German Civil Code) or to cancel the contract (§ 314 BGB) if
a) the contractual partner does not provide a due service;
b) the fulfilment of the contract is impossible due to force majeure, strike or other circumstances for which IZB is not responsible;
c) the contractual partner provides misleading or false information about essential data;
d) the contractual partner uses the name of IZB or IZB Residence CAMPUS AT HOME without prior written consent; e) the contractual rooms are sublet in whole or in part without the express consent of IZB;
f) the purpose or occasion of the stay or event is unlawful;
g) IZB has reasonable grounds to believe that the use of the service may jeopardise the smooth operation, security or public reputation of IZB or IZB Residence CAMPUS AT HOME. 2. IZB must inform the contractual partner in writing of the exercise of the cancellation or withdrawal without delay, at the latest within 14 days of the reason becoming known. In the event of justified cancellation or withdrawal by IZB, all claims by the contractual partner for damages or other compensation are excluded. In the event of a justified termination of the contract, the right of IZB to demand compensation for any damage incurred by IZB and for any expenses incurred by IZB shall remain unaffected.§8 Liability of IZB, items brought in, statute of limitations
1. IZB shall be liable for all statutory and contractual claims only in the event of intent or gross negligence.
2. As an exception, IZB shall be liable for slight negligence in the event of damage a) resulting from the breach of essential contractual obligations. In these cases, liability shall be limited to the foreseeable damage typical for the contract or b) due to injury to life, body or health.
3. IZB shall not be liable for consequential or indirect damages.
4. Exclusions and limitations of liability shall apply in the same way in favour of all companies used by IZB to fulfil its contractual obligations, their subcontractors and vicarious agents. They shall not apply if IZB has assumed a guarantee for the quality of an object or work or in the case of fraudulently concealed defects.
5. The contractual partner shall be obliged to give notice of any visible defects without delay, at the latest on departure.
6. Items brought in by the contractual partner are subject to the statutory provisions of §§ 701 ff. BGB (German Civil Code). IZB recommends using the hotel or guest room safe. If the contractual partner or the guest wishes to bring in money, securities or valuables with a value of more than EUR 800.00 or other objects with a value of more than EUR 3,500.00, this shall require a separate storage agreement with IZB.
7. Items left behind by the contractual partner or the guest shall only be forwarded at the request, risk and expense of the contractual partner or the guest. IZB will hold the items for 12 months and is entitled to charge a reasonable fee for this service. The items will then be handed over to the local lost property office if they have a recognisable value, otherwise they will be disposed of.
8. If the contractual partner or the guest is provided with a parking space in the hotel car park, even for a fee, this shall not constitute a safekeeping agreement. In the event of loss of or damage to motor vehicles parked or moved in the hotel car park and their contents, IZB shall only be liable in accordance with clauses 1 to 7.
9. All claims of the contractual partner against IZB arising from or in connection with the contract shall become statute-barred one year after the end of the year in which the claim arose. Claims for damages are subject to a limitation period of five years, depending on the knowledge, unless they are based on an injury to life, body, health or freedom. Such claims for damages expire after ten years. The shortening of the limitation period does not apply to claims based on an intentional or grossly negligent breach of duty.§ 9 Final provisions
1. The place of fulfilment and payment for both parties is Martinsried.
2. German law shall apply to the exclusion of the conflict of laws and the UN Convention on Contracts for the International Sale of Goods.
3. With the exception of private end consumers, Munich is agreed as the exclusive place of jurisdiction for all claims arising from or on the basis of the respective contract. This jurisdiction agreement does not apply to the dunning procedure.
4. Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.IZB is entitled to 90 % of the contractually agreed total price if the written cancellation or reduction is received by IZB less than 14 days before the start of the service period or if no cancellation or reduction is made.