Terms and Conditions

I. General Terms and Conditions 

1. The contract with the customer is concluded by the order confirmation of the hotel (uniform designation for orderer, organizer, guest, etc.). Only these terms and conditions are part of the contract; any terms and conditions of the customer are not recognized; they apply to all services of the hotel, in particular to the provision of hotel rooms, conference rooms, banquet rooms and other premises of the hotel (hereinafter comprehensively: provision of services). If a third party has made the booking on behalf of a customer, he shall be liable to the hotel together with the customer as joint and several debtors. The hotel may demand an appropriate advance payment from the customer and/or the third party. Subletting or reletting requires the written consent of the hotel. 

2. The prices shall be determined in accordance with the price list valid at the time the service is provided. If fixed prices are stated in the order confirmation and if 4 months elapse between the conclusion of the contract and the provision of services, the hotel shall be entitled to make price changes. If a minimum turnover has been agreed and this is not reached, the hotel may demand 60% of the difference as lost profit, unless the customer proves a lower or the hotel proves a higher lost profit. 

Should the statutory value added tax change during the term of the contract, the prices shall be adjusted in accordance with the value added tax rate applicable during the period of the stay. 

3. The contractual partner does not acquire any claim to the provision of certain rooms or premises. If agreed rooms are not available, the hotel will endeavor to provide equivalent substitutes in other properties. The contract partner may have to accept a reasonable waiting period for this purpose. 

4. In the case of concluded hotel accommodation contracts, where the customer can unilaterally declare the withdrawal from the contract (reservations), the right of withdrawal expires – also for the customer, who is a tour operator – if the withdrawal has not been declared in writing to the hotel within the period of time stated in the reservation. 

5. If no deadline is specified, the withdrawal can be declared no later than 12 weeks before the start of service provision (in writing received by the hotel). Booked rooms are available to the customer from 3 pm. They must be vacated by 12 noon on the day of departure at the latest. Unless otherwise agreed, room bookings are on a guaranteed basis and are held for arrival after 6 pm. In case of late cancellation or no-show, 90% of the room rate will be charged unless otherwise agreed. 

6. If, for the customer, the room reservation is tied to an event outside the hotel's business operations, the customer may not use the cancellation of this business event (e.g. trade fair) as a reason with the hotel and shall remain obliged to pay within the scope of the agreement reached. Excepted from this are cases of force majeure, i.e. that the hotel itself is not permitted to offer the booked service due to statutory provisions. 

7. A non-binding option expressly designated as such shall be bindingly exercised or returned no later than 42 calendar days prior to the date of arrival. Exercised options will be treated as firm reservations. Without timely use of the service, the hotel shall be entitled to assign the service in question to another party. 

8. Invoices not due according to the calendar are payable within ten days of the invoice date without deduction; default occurs upon receipt of the first reminder. From the date of default, the invoice shall bear interest at a rate of 8% above the base interest rate or reference interest rate of the European Central Bank, unless the hotel proves a higher or the customer proves a lower damage caused by default. A reminder fee of 5 euros is owed for each reminder after the occurrence of default. The contractual partner may offset counterclaims against the hotel only to the extent that his claims are undisputed or have been legally established. Default in payment, even of a single invoice, shall entitle the hotel to suspend all further and future services for the customer in all operations or to make them dependent on an advance payment of 100%. The hotel shall decide on this without prior notice. In the event of a total reservation of more than 9 nights, the hotel reserves the right to demand an advance payment in the amount of 50% of the ordered services, if the customer has his place of residence or company headquarters abroad, in the amount of 100% of the ordered services. This amount is due 30 calendar days before arrival. 

9. Cancellation deadlines may differ for room bookings. Separate agreements will be specified in the hotel accommodation contract. 

10. Objects or materials left in generally accessible rooms of the hotel, in the technical facilities and in the conference halls of the hotel shall not be deemed to have been brought in unless they have been expressly taken into custody by a person authorized to do so. Valuables such as jewelry, fur coats and money must be deposited at the reception desk. For this purpose, a special safekeeping agreement must be concluded with a person authorized to do so. Liability is excluded for valuables not deposited. In the rooms, liability extends only to those items and materials that were brought in by the person entitled under the accommodation contract. The extent of liability of the hotel for objects and materials brought in is limited to a maximum of 3,000 euros, except in cases of intent or gross negligence. Money, bonds and valuables can be stored in the hotel or room safe up to a maximum value of 800 euros. The hotel recommends making use of this possibility. 

11. In the publicly accessible areas of the hotel the consumption of brought food and beverages is prohibited. 

12.

 a) The hotel shall endeavor to execute wake-up orders with the diligence of a prudent businessman. 

b) Messages, postal and merchandise consignments intended for the attention of the customer shall be handled with such care. The hotel will take care of the storage, delivery and – upon request and for a fee – forwarding of the same. 

c) Any items left behind by the customer shall be forwarded only at the customer’s request, risk and expense. The hotel shall store the items for six months and charge a reasonable fee for this. After this period, if there is a recognizable value, the items will be handed over to the local lost and found office. 

d) Any liability of the hotel according to a)-c) is excluded. 

13. Insofar as a parking space in the hotel garage is made available to the customer, even for a fee, this does not constitute a safekeeping contract. The posted parking conditions apply. Parkhotel Stuttgart Messe-Airport Filderbahnstraße 2  70771 Leinfelden-Echterdingen info@parkhotel-stuttgart.de  www.parkhotel-stuttgart.de 

14. Pets are accepted at the Parkhotel Stuttgart Messe-Airport for an additional charge. Bringing them requires the consent of the hotel, but dogs are generally welcome. The guest is obligated to bring and clarify the wish to bring a pet when making the reservation. The consent of the hotel is subject to the condition that the animal is under the constant supervision of the guest and is free of disease and does not otherwise pose a danger to the hotel guests and staff. The guest is liable for any damage caused by the pet. The pet is allowed in the breakfast area/restaurant, but not in the wellness area. There is a fee per pet per day, which will be recorded in the reservation confirmation. Exceptions are dogs for the blind, deaf and other similar service dogs. These may be brought along free of charge and at any time. 

15. The hotel is liable for the diligence of a prudent businessman. In the event of disruptions or deficiencies in the hotel's services, the hotel will endeavor to remedy the situation upon the customer's immediate complaint. Irrespective of clause 11 and §§ 701 ff. BGB (German Civil Code), the hotel shall only be liable in the event of intent or gross negligence on the part of the hotel company's legal representatives or the hotel's executives. Safekeeping requires express agreement. Offsetting, reduction or retention are only permissible for the customer in the case of undisputed or legally established counterclaims. Any liability of the hotel – apart from §§ 701 ff. BGB – is limited to the amount of the agreed rental price. The limitation period for all claims of the customer is 6 months, calculated from the termination of the contract. This limitation of liability and short period of limitation shall also apply in favor of the hotel in case of breach of obligations during the initiation of the contract, positive breach of contract and tortious acts. 

16. If the business operation or the safety of the hotel or their guests is endangered by a contractual partner, the hotel may withdraw from the contract. This shall also apply in the event of force majeure and other unforeseeable, extraordinary and non-culpable circumstances, if as a result the performance of the hotel is impossible, unreasonable or of no interest to the contractual partner. 

17. If in the context of events the organizer is a political, religious or ideological group, the effectiveness of the contract also requires the approval of the hotel management. If the organizer conceals from the hotel that he represents a political, religious or ideological group, the contract is provisionally void. If the approval of the management is not granted even afterwards, the contract shall be invalid and the hotel shall be entitled to refuse performance. In this case, the organizer is obliged to reimburse all expenses incurred by the hotel in reliance on the validity of the contract. 

18. If it was contractually agreed that the customer can withdraw from the contract within a certain period of time, the hotel is entitled for its part to withdraw from the contract during this period if there are inquiries from other customers for the contractually booked rooms and the customer does not waive his right to withdraw upon inquiry by the hotel. If an agreed advance payment or security deposit is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract. Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for factually justified reasons, for example if 

- force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract; 

- rooms are culpably booked with misleading or false information about facts essential to the contract, e.g. about the person of the customer or the purpose of the stay; 

- the hotel has reasonable grounds to assume that the use of the hotel service will jeopardize the smooth operation of the business, the security or the public reputation of the hotel without this being attributable to the hotel's sphere of control or organization; 

- the purpose or reason for the stay is unlawful; In the event of justified withdrawal by the hotel, the customer shall have no claim for damages. 

19. a) The customer shall be liable to the hotel for any damage or loss occurring during the term of the contract, unless the damage is within the hotel's sphere of responsibility or was caused by a third party and the third party actually provides compensation, which must be proven by the customer in each case. 

b) The hotel may require the organizer to provide appropriate security (e.g. down payments, insurance, deposits). 

20. The contractual liability of the hotel for defects existing at the time of conclusion of the contract which did not occur as a result of circumstances for which the hotel is responsible is excluded. 

21. The contract partner is obligated to report any defects to the hotel immediately, at the latest upon departure. Claims of the contract partner are to be asserted against the hotel within one month after the contractually stipulated completion of the service provision. After expiry of the deadline, the contract partner may only assert claims if he was prevented from complying with the deadline through no fault of his own. Claims of the contractual partner shall become statute-barred after six months. The limitation period shall commence on the calendar day on which the performance of the service was to be completed in accordance with the contract. If the contract partner has asserted claims with the hotel, the statute of limitations is suspended until the calendar day on which the hotel rejects the claims in writing. 

22. For booked services or rooms rented under a hotel accommodation contract, the agreed fee shall be paid even if the booking is later cancelled by the customer or the customer fails to appear (§ 552 BGB). The saved expenses of the hotel amount to 10 % for overnight stays with or without breakfast, 40 % for all ordered meals and beverages, and 25 % of the agreed price in the case of an all-inclusive agreement (accommodation plus catering in one sum). For other service provision, i.e. booked services other than the hotel services mentioned in sentence 2, in particular rent (room rent, equipment rent, provision costs, etc.), agreed sales of food and beverages at an event, etc., the time of cancellation determines the amount of the hotel's claim to appropriate remuneration. This results from the order confirmation of the hotel as well as the appendix (item II 2.) of these terms and conditions, saved expenses in the other service provision are compensated. The customer reserves the right to prove higher damages. 

23. Place of performance and payment for both parties is Stuttgart. German law shall apply. The place of jurisdiction – also for disputes regarding checks and bills of exchange – is the location of the hotel in commercial transactions. 

24. Any deviating agreements or ancillary agreements must be made in writing in order to be effective. Should individual provisions of the contract – including these terms and conditions – be invalid, this shall not affect the validity of the remaining provisions. The parties shall immediately replace the invalid provisions with valid ones that come as close as possible to the invalid ones in their meaning. Parkhotel Stuttgart Messe-Airport Filderbahnstraße 2  70771 Leinfelden-Echterdingen info@parkhotel-stuttgart.de  www.parkhotel-stuttgart.de 

Additional Terms and Conditions for Events (Seminars, Conferences and Banquets) 

1. Reservations for events shall only become binding for the hotel when the event organizer signs the order confirmation sent to him by the hotel and this is received by the hotel within the set period. 

The following regulation applies to event cancellations: 

If the event is held as planned, the number of people can be adjusted as follows:

Event / number of participants: 

10% of the contractually agreed volume can be cancelled free of charge up to 3 days before the event. If the number of participants is exceeded, the organizer shall compensate the hotel separately for any additional expenses incurred as a result. A larger room corresponding to the changed number of people is only possible after consultation with the hotel, but there is no right to it. 

2. The organizer may not bring food and beverages to the events if they are not part of the event and serve demonstration purposes. In special cases (national specialties, kosher food, etc.) a different agreement can be made in writing. In such cases, a service charge or corkage fee, the amount of which is to be determined in the agreement, will be charged. 

3. The installation of decorative material or the like, as well as the use of areas in the hotel outside the rented rooms, e.g. for exhibition purposes, require the written consent of the hotel and may be made dependent on the payment of an additional fee. These and other items brought in by customers must comply with local fire and other regulations. If they are not collected immediately, but at the latest within 12 hours after the end of the event, they will be stored at the hotel, for which the customer will be liable to pay an appropriate fee, at least equal to the rental costs for the room used. Trash left behind by the customer may be disposed of by the hotel at the customer's expense. 

The use of smoke machines, sparklers, glitter or confetti cannons is prohibited in the entire building as well as in the outdoor area. In case of violation, the organizer is liable. Cleaning or compensation costs may be additionally charged to the organizer. The organizer shall be liable for any damage to the furnishings or inventory caused during set-up or dismantling, as well as damage made during the event by participants or visitors, employees, other third parties from his area or himself and for which the hotel is not responsible. The event organizer is recommended to take out an insurance policy for damages for which the hotel is not responsible. 

4. The customer shall obtain any official permits required for an event in good time and at his own expense. The customer is responsible for compliance with public and other regulations. Any fees payable to third parties for the event, in particular GEMA fees, entertainment tax, curfew reductions, etc., must be paid directly to the creditor. 

5. If the hotel procures technical or other equipment from third parties for the customer, it shall act on the customer's authority and for the customer's account; the customer shall be liable for the careful handling and proper return of the equipment and shall indemnify the hotel against all claims of third parties arising from the provision of the equipment. 

6. The customer undertakes to inform the hotel without being requested to do so, but no later than upon conclusion of the contract, that the provision of services and/or the event, whether due to its political, religious or other character, is likely to cause public interest or to impair the interests of the hotel. Newspaper advertisements, other advertising measures and publications that have a reference to the hotel and / or that contain, for example, invitations to job interviews or sales events, generally require the written consent of the hotel. If the customer violates this duty of disclosure or if a publication is made without such consent, the hotel has the right to cancel the event. In this case, clause 4 of the General Terms and Conditions (payment of rent and reasonable compensation) and the Annex to these Terms and Conditions shall apply accordingly. 

7. The publication of the name of the hotel in which the event takes place is only permitted with the written consent of a representative of the hotel. Excluded from this is the publication of the hotel name for the purpose of indicating the location of the event and any directions, provided that it is not a publication in media accessible to an unlimited number of people and provided that the hotel name is not particularly emphasized in relation to the rest of the text. 

8. In the case of events that extend beyond the contractually agreed period, otherwise beyond 11 pm, the hotel may charge additional expenses, in particular for follow-up events and personnel. Parkhotel Stuttgart Messe-Airport Filderbahnstraße 2  70771 Leinfelden-Echterdingen info@parkhotel-stuttgart.de  www.parkhotel-stuttgart.de 

III. Additional terms and conditions for groups – unless otherwise contractually agreed, the following provisions apply: 

1. Groups in the sense of these GTC are travel groups with a minimum number of 10 booked people, there is joint arrival and departure. Only one total invoice will be issued and handed over to the tour guide. For a group with less than 10 people the prices for single travelers are valid. There is no right to grant group prices; based on individual agreement, group prices can be granted depending on availability and demand. 

2. Reservations must be confirmed in writing: Serial groups are confirmed by signing the contract. Selective groups are confirmed 42 calendar days before the arrival of the respective group. The final list of names of the members of the respective group must be communicated to the hotel 10 calendar days prior to arrival. 

3. The hotel sends the organizer a reservation confirmation with the essential elements of the recorded reservation and information on check-in and payment terms. 

4. Number and cancellation 

a) Serial groups: The advance payment amounts to the amount corresponding to the accommodation costs of an average stay. This amount is due after confirming the booking and will be charged to the last stay of the series. 

b) Selective groups: Reservations are binding for the hotel only after a deposit of 50% has been paid after the booking has been confirmed, if the organizer has his residence or registered office abroad, after a deposit of 100% and after the booking has been confirmed. This deposit will be retained by the hotel in case of cancellation, if the cancellation is made within 42 calendar days before the arrival of the group. Otherwise, in the case of cancellations for groups, point I.8. of these General Terms and Conditions shall apply accordingly. 

5. Invoicing for selective groups: Invoices are payable in euros four calendar days prior to the group's arrival by bank transfer or by covered bank check or in cash upon the group's arrival, unless otherwise agreed. 

6. All costs in addition to the usual contractual services, such as telephone, cash, etc., unless otherwise stipulated in the contract, are to be paid by each participant upon departure. In case of non-payment by the individual participants, the organizer is liable