Offer | Ramada® Hotels

The purpose of the privacy policy of Stahlgruberring 4 Hotel GmbH is to provide to a natural person - a data subject - with information about the purpose, scope, and protection of personal data processing, the period of processing, the data subject’s right during the data acquisition, and the processing of data and when transferring the data to competent authorities or any other data controller.

Data controller and its contact information
- The controller of personal data processing shall be “Stahlgruberring 4 Hotel GmbH” (hereinafter - the Controller), registration No. HRB 263206, legal address: Stahlgruberring 4, 81829 München, Germany, telephone: +49 (0) 1516 6506000, website: wyndhamgardenmunichmesse.com;
- Contact information of the data protection officer of the controller on issues related to personal data processing: dpo-s4h@wyndhamgardenmunichmesse.com

Applicable laws and regulations
- Regulation No. 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as - the GDPR);
- Federal Data Protection Act.

The purpose of personal data processing
- Provision of services:
  - customer identification;
  - preparation and conclusion of contracts;
  - provision/maintenance of services;
  - improvement of services, development of new services;
  - advertising and distribution of services or commercial purposes;
  - customer service;
  - review and processing of objections/complaints;
  - customer retention, loyalty building, satisfaction measurement;
  - administration of accounts;
  - effective cash flow management / debt recovery;
  - maintenance and improvement of operation of the webpage;
  - provision of franchise relations.
- Business planning and analytics:
  - statistics and business analysis;
  - planning and accounting;
  - effectiveness measurement;
  - data quality provision;
  - performance of market and public opinion studies;
  - preparation of reports;
  - performance of customer surveys;
  - risk management within the framework of different activities.
- Fulfilment of requirements of regulatory enactments, provision of replies upon requests of state authorities.
- Management implemented by the Controller, maintenance of accounting records, provision of internal processes.
- Record-keeping of the Controller, data archiving.
- Ensuring the operation of the whistle-blowers system.
- Legal employment relations and personnel recruitment of the Controller.
- Entering into the commercial activity agreements of the Controller and ensuring their implementation.
- Provision of safety of the customers, visitors, and employers of the Controller, protection of the property of the Controller.
- Protection of rights and interests of the Controller at the state and municipal authorities and institutions, representation during court proceedings.
- Film recording, photographing, and audio recording of work events organized by the Controller.
- Other specific purposes, regarding which the data subject shall be informed at the time when he/she provides the relevant data to the Controller.

Categories of personal data being processed by the Controller:
- name, surname, personal identity number or date of birth, correspondence address, address of the declared place of residence, phone number, e-mail address;
- data of the identification document;
- list of received and planned services;
- bank account numbers;
- payment administration information;
- phone, electronic communication information;
- Curriculum vitae;
- information included in the personal file, including information about education, dependants, data on health checks of employees;
- photo images;
- work station auditing records;
- work e-mail, internet, and phone auditing records;
- video surveillance system records;
- data regarding website visits;
- auditing records of access control devices and alarm devices with the data of employees, visitors, or subcontractors;
- for the purposes referred to in Paragraph 3, other data of which the data subject notifies the Controller by him/herself shall be also processed.

Justification of the personal data collection and processing:
- consent of the data subject – the data subject has provided his/her consent to data collection and processing for one or several specific purposes;
- before or after conclusion of the contract - customer relations (including remote) control, ensuring conclusion and fulfilment of the contract, as well as provision of the implementation of processes related to that, cooperation with customers and provision of the implementation of processes related to that;
- Legitimate interests of the Controller– to implement commercial activity, to provide services, retention of customers, identification of data subjects, customer segmentation for more effective service provision, popularization and improvement of the image and services of the Controller, prevention of fraud, review of complaints and provision of support in relation to the provided services, marketing activities, company and financial risk management, corporate management, financial, business, and analytical recording, record-keeping, data archiving, provision of internal processes, video surveillance of employees for the safety purposes of customers and the Controller, analysis of auditing records of the website, effective cash flow management, debt administration, administration of customer payments, court proceedings, provision of franchise relations, health safety of employees and customers (visitors) and fulfilment of the requirements of legal acts to be referred to that, as well as other legitimate interests of the Controller in force at the time of data processing;
- legal basis - fulfilment of requirements of regulatory enactments in force;
- vital interests of the data subject or any other natural person - data processing is necessary in order to protect vital interests of the data subject or any other natural person.

Sources of acquisition of the personal data of the data subject:
- documents and information submitted by data subjects;
- data of other controllers, processors, and sub-processors;
- service provision process;
- video and/or photo equipment data of the Controller;
- computer network equipment data of the Controller;
- Visiting and browsing data of the website of the Controller wyndhamgardenmunichmesse.com.

Data processing process of the data subject:
- when identifying the data subject;
- during commercial activity;
- when entering into commercial agreements and controlling the fulfilment thereof;
- when selecting employees, establishing and maintaining legal employment relations;
- when fulfilling the requirements of regulatory enactments;
- when participating in court proceedings;
- when providing information to state and municipal authorities and officials, as well as receiving information from them.

Processing of cookies of the data subject:
- Cookies are small text files which are created and saved on the device of the data subject (computer, tablet, or mobile phone) upon visiting websites of the Controller. Cookies “remember” user experience and basic information, thus making the use of the site more convenient;
- With the help of cookies information about users habits and history of use of the site are processed, problems and deficiencies in the operation of the site are diagnosed, statistics of user habits are collected, and complete and convenient use of the site is ensured;
- If the data subject does not want to use cookies, it is possible to refuse their use in the browser’s settings; however, in such a case use of the site may be significantly disrupted and made difficult. Deletion of saved cookies is possible in the settings of a device’s browser by deleting the history of saved cookies.

Period of storage of data:
- as long as the period for storage of data determined by the regulatory enactments in force has not expired;
- as long as the agreement concluded with the data subject is in force;
- as long as the consent of the data subject is in force;
- as long as it is necessary in order to implement and protect the legitimate interests of the Controller;
- as long as the legal obligation to store the data exists;
- upon expiry of any of the above-mentioned time periods, all data shall be deleted or anonymized in accordance with the procedure determined by the Controller.

Sharing and issuing of personal data of the data subject:
- In order to provide the services and perform the work tasks, the Controller may share the data of the data subject, including in the countries of the European Union and EEA (European Economic Area);
- When providing special data protection, like the GDPR regulation requires, in order to guarantee the fulfilment of functions and duties, as well as the work of the Controller, the Controller may transfer the data to a third country (outside of the European Economic Area) or international organizations;
- In order to fulfil the provisions of regulatory enactments, the Controller may share the data of the data subject with the state and municipal authorities, law enforcement authorities, court, or other institutions;
- The Controller shall issue the data only to the extent determined by the regulatory enactments in force, including the GDPR and the Federal Data Protection Act.

Protection of the data subject’s personal data:
- The Controller shall protect the data of the data subject from unauthorized access, accidental loss, disclosure, or destruction. In order to achieve this, the Controller shall use modern technological possibilities, considering the existing privacy risks and organizational requirements, including using firewalls, break-in detection and analysis software, as well as encryption with standard SSL and anonymization;
- The Controller shall carefully examine all processors and sub-processors who process the data of the data subject on behalf of it; the Controller shall assess whether the relevant safety measures are used, whether the data processing is performed in the way delegated by the Controller, whether it is performed in accordance with regulatory enactments in force and data protection requirements and standards;
- processors and sub-processors shall not be entitled to process the data of the Controller for their own purposes;
- The Controller shall not bear any responsibility for any unauthorized access to the data of the subject or the loss of that data, if they are not under the competence of the Controller, for example due to the fault or negligence of the data subject.

Profiling logic:
- With regard to the data subject the Controller may adopt automated decisions and perform personal data profiling. The data subject shall be informed on such activities of the Controller separately, in accordance with regulatory enactments in force. The data subject may object to the automated decision-making, in accordance with the provisions of regulatory enactments in force.

Rights of the data subject:

In accordance with regulatory enactments in force, the data subject shall have the following rights in relation to his/her personal data’s processing:

rights of access - the data subject shall be entitled to request a confirmation from the Controller regarding whether the personal data of the data subject are processed, as well as information about all processed personal data;
right to rectify - if the data subject considers that the information about him/her is incorrect or incomplete, he/she shall be entitled to request the Controller to rectify them;
objecting to processing based on lawful interest - the data subject is entitled to object to the processing of personal data processed based on legitimate interests of the Controller, except in cases when legal acts determine the processing of such data;
erasure - in certain circumstances the data subject has the right to request the erasing of his/her personal data, except in cases when legal acts determine the time period for storage of such data;
restriction of processing - in certain circumstances the data subject shall be entitled to restrict his/her personal data processing, except in cases when legal acts determine the volume of data processing;
data transmission - the data subject shall be entitled to receive or transfer his/her personal data to any other personal data controller. This right shall also include personal data which were provided to the Controller pursuant to consent of the data subject, on the basis of a contract or in cases where data processing is performed automatically. The data subject may use the above-mentioned rights to the extent the Controller does not implement the processing, upon fulfilling the obligations and tasks imposed under the regulatory enactments in force;
revocation of consent - the data subject shall be entitled at any time to revoke the consent given for data processing, in the same way as it was provided or by sending a relevant notification to the e-mail: dpo-s4h@wyndhamgardenmunichmesse.com . In this case, further processing based on prior consent regarding the specific purpose will not be performed. Revocation of the consent does not affect data processing carried out while the consent of the data subject was effective. Withdrawal of the consent cannot terminate data processing that is carried out by the Controller based on other legal grounds.

In order to carry out the above-mentioned rights, please submit a written application to the Controller or the data protection officer.

Other
- Links to the websites of third persons, which have their own rules for usage and personal data protection, for which the Controller does not bear any responsibility, may be posted on the websites of the Controller.

Communication
- In case of any questions and uncertainties, the data subject may contact the Controller - in person at its office at Stahlgruberring 4, 81829 München, Germany; in presence at the hotel; or via the personal data protection officer: dpo-s4h@wyndhamgardenmunichmesse.com ;
- The Controller shall contact the data subject by using the contact information (phone number, e-mail address, correspondence address) specified by the data subject.

If the data subject is not satisfied with the received reply, he/she shall be entitled to submit a complaint to the Data Protection Commissioner:

Der Bayerische Landesbeauftragte für den Datenschutz Prof. Dr. Thomas Petri
Postfach 221219
80502 München
Phone: 089 212672-0
E-Mail: poststelle@datenschutz-bayern.de
Internet: www.datenschutz-bayern.de

The Controller shall be entitled to regularly improve or supplement the privacy policy.

The Controller shall inform the data subject of any changes by publishing the updated version of the privacy policy on the website www.wyndhamgardenmunichmesse.com.

GENERAL TERMS AND CONDITIONS OF RAMADA BY WYNDHAM ESSEN HOTEL

I. Scope

1. These terms of business apply to all contracts for the provision of hotel rooms for the purpose of accommodation and for all the hotel’s services and deliveries provided to the customer.

2. The reletting of the rooms and their use for purposes other than accommodation requires the hotel’s prior, written consent, in a waiver of Section 540(1)ii of the German Civil Code (BGB), unless the customer is a consumer.

3. The customer’s business terms shall only apply if this has been explicitly agreed in advance in writing.

II. Conclusion of contract, partners, limitation period

1. The contract comes into effect at the point the hotel accepts the application from the customer. The hotel is free to confirm the room reservation in writing.

2. The hotel and the customer are contractual partners. Where a third party has placed the order on the customer’s behalf, the third party shall be jointly and separately liable for all obligations arising from the hotel accommodation contract.

3. All claims against the hotel shall expire within a year from the start of the standard, knowledge-dependent limitation period, as set out in Section 199 (1) of the German Civil Code (BGB). Compensation claims shall expire in three years independent of knowledge. Reductions in the statutory limitation period do not apply to claims that are based on willful intent or a grossly negligent breach of duty on the part of the hotel or an injury to life, body, or health.

III. Services, prices, payment, setoff

1. The hotel is obliged to provide the rooms booked by the customer and to supply the agreed services.

2. The customer is obliged to pay for the accommodation and any further services they use at the hotel’s applicable or agreed rates. This also applies to any services arranged by the customer and the hotel’s out-of-pocket expenses to third parties.

3. The agreed prices include the statutory rate of VAT. If the period between entering a contract and contract fulfilment should exceed four months and the price generally charged by the hotel for such services increases, this may reasonably increase the contractually agreed price, though by up to a maximum of 5%.

4. Invoices of the hotel are payable immediately without deduction. The hotel has the right to call in any accrued debts at any time and to demand immediate settlement.

5. The hotel has the right to demand reasonable advance payment or a security deposit when the contract is entered into or thereafter. The amount of advance payment and the payment terms can be agreed in the contract in writing.

6. The customer may only offset or reduce a debt with a debt that has been acknowledged in writing or that is legally enforceable.

IV. Withdrawal by the customer (i.e., cancellation, termination)/failure to use the hotel’s services

1. A withdrawal by the customer from contract entered with the hotel requires the hotel’s written consent. If this is not granted, the price agreed in the contract must also be paid, even if the customer has not used the contractually agreed services. This does not apply if the customer is entitled to a statutory and contractual right of withdrawal.

2. If the hotel has granted the customer an option in the agreement to withdraw from the contract within a specific period without any legal consequences, the hotel is not entitled to any compensation. The customer’s right to withdraw from the contract shall expire if the hotel does not receive the reason for the withdrawal by the agreed date, provided this is not an instance of a withdrawal by the customer in accordance with number 1, clause 3.

3. The hotel reserves the right to claim the agreed payment from the customer for any rooms not used, although it must offset this against income from letting the rooms elsewhere and the expenditure it has saved as a result. The hotel is free to estimate the deduction for any saved expenditure. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for overnight accommodation with or without breakfast, 70% for half-board and 60% for a full-board arrangement. The customer is free to prove that the aforesaid usage was not incurred or that the amount claimed was not incurred.

V. Withdrawal by the hotel

1. If a free-of-charge right of withdrawal by the customer is not agreed in writing within a specified term, the hotel, for its part, is entitled to withdraw from the contract if it has enquiries from other customers for the contractually reserved rooms, and the customer fails to respond to enquiries made by the hotel about its right of withdrawal.

2. If an advance payment agreed or demanded based on the aforesaid clause III no. 5 is not made, even after a reasonable period of grace granted by the hotel has elapsed, the hotel is also entitled to withdraw from the contract.

3. The hotel is further entitled to withdraw from the contract for an objectively justified reason, for example, if

force majeure or other circumstances render fulfilment of the contract impossible, for which the hotel is not responsible.
rooms are booked with misleading or incorrect details of essential facts, e.g., about who the customer is or the purpose.
the hotel has reasonable grounds to suspect that acceptance of the hotel’s services may affect the smooth operation of the business, the security or the hotel’s public reputation, without this being attributable to the hotel’s power of control or organization.
the hotel learns of circumstances that the customer’s financial situation has significantly deteriorated after conclusion of the contract, in particular, if the customer has failed to settle due accounts with the hotel or offer sufficient security, and the hotel’s claims for payment therefore appear to be at risk.
there is a breach against the aforesaid clause no. 2.

4. The customer is not entitled to compensation if the hotel is justified in withdrawing from the contract.

5. The hotel must inform the customer in writing immediately before exercising the right of withdrawal.

VI. Provision, handover and return of rooms

1. The customer is not entitled to specific rooms being provided.

2. Reserved rooms are available to the customer from 3.00 pm on the agreed day of arrival. The customer has no right to the rooms being provided earlier.

3. The rooms are to be vacated and returned to the hotel by 11.00 am at the latest on the day of departure. Thereafter, the hotel is entitled to 50% of the full accommodation price before 6.00 pm for the late vacation of the room for usage that exceeds the contract (list price) and 100% after 6.00 pm. This does not justify any contractual claims on the part of the customer. The customer is free to prove that the hotel has not suffered any or a significantly lower loss.

VII. Liability of the hotel

1. The hotel is liable for its obligations arising from the contract with the care of a prudent businessman. Any claims for compensation by the customer are excluded. This does not apply to losses as a result of an injury to life, body or health, or infringement of essential contractual obligations (cardinal obligations), and liability for other damage caused willfully or as a result of a grossly negligent breach by the hotel, its legal representatives or vicarious agents, or if the hotel has maliciously concealed defects. Essential contractual obligations are those that are necessary to achieve the contract’s objective. If essential contractual obligations are breached, the hotel shall only be liable for foreseeable damages that are typical for the contract if these were caused by simple negligence, unless they are compensation claims by the customer because of a breach of life, body, or health.

2. Existing liability restrictions apply to all compensation claims regardless of their legal basis, including claims that result from unauthorized use. The present liability restrictions and exclusions also apply in cases of possible claims for compensation by the customer against the hotel’s employees. However, they do not apply in instances of liability by the hotel for a defect after having given a guarantee for the quality of an item or a work, in the case of maliciously concealed defects or personal injury.

3. Should disruptions or defects affect the hotel’s services the hotel should make every effort to find a remedy upon knowledge or immediate complaint by the customer. The customer is obliged to contribute to a reasonable degree to remedy the disruption and to minimize any possible loss.

4. The hotel is liable to the customer for any items brought in based on the statutory requirements, which is one hundred times the cost of the room, a maximum of €3,500.00, and up to €800,000 for money, securities, and valuables. Money, securities, and valuables can be stored in the hotel or room safe. The hotel recommends that you make use of this option. However, this does not result in any liability claims.

5. No contract of safe custody will come into effect if the customer is provided with a parking space in the hotel garage or in the hotel’s car park for payment. The hotel has neither a duty to oversee or provide security. The hotel is not liable for any loss or damage to any vehicles parked or maneuvered on hotel property. The hotel is also not liable for the vehicles’ contents, except in the event of intent or gross negligence. The general business terms for parking garages of Ramada by Wyndham Essen Hotel apply in all other respects.

6. Messages, postal and consignments of goods for guests are handled with care. The hotel undertakes delivery, storage, and the onward dispatch upon request and for a fee. The hotel offers a wake-up service with the greatest of care. Aforesaid numbers 1, paragraphs 2 to 4 apply analogously.

VIII. Closing conditions

1. Any changes or additions to the contract, the application acceptance or these terms and conditions for the hotel accommodation, as well as the waiver of written form must be made in writing. Unilateral changes or additions by the customers will not be recognized.

2. The hotel’s registered office is the place of performance and payment.

3. The hotel’s registered office, even for disputes about cheques and bills of exchange, is the hotel’s principal place of business for commercial transactions. If a contractual partner meets the conditions of Section 38(2) of the Code of Civil Procedure (ZPO) and has no national place of jurisdiction, the hotel’s principal place of business is the place of jurisdiction.

4. German law applies. Application of the UN Convention on the International Sale of Goods and conflict-of-law provisions is excluded.

5. Should individual conditions of these general business terms for the hotel agreement be or become ineffective or void, this shall not affect the effectiveness of the remaining conditions. In addition, the statutory requirements apply.

GENERAL TERMS AND CONDITIONS OF RAMADA BY WYNDHAM ESSEN HOTEL FOR THE PARKING GARAGE

GENERAL TERMS AND CONDITIONS FOR EVENTS AT RAMADA BY WYNDHAM ESSEN HOTEL

GENERAL TERMS AND CONDITIONS OF RAMADA BY WYNDHAM ESSEN HOTEL FOR THE PARKING GARAGE

I. Lease

A lease for a parking space comes into effect between the parking garage operator and the user under the following conditions upon acceptance of the parking ticket and/or upon entry into the parking garage.

Guarding and safekeeping are not the object of this agreement. The parking garage operator accepts no liability or particular duties of care for any items brought in by the user. The agreement ends upon exiting the car park.

II. Conditions for using the parking garage

1) The user is obliged to exercise the usual care in the ordinary course of business, in particular to strictly adhere to the signs and notices governing traffic and parking, and the safety requirements. Instructions of the parking operator or their personnel pertaining to safety or domestic rights must always be observed. In addition, the conditions of the Road Traffic Licensing Act (StVO) apply accordingly.

Vehicles may only be parked within the designated parking spaces, though not in parking spaces that are reserved by notices for permanent users. The parking garage operator is entitled to remove any vehicles parked outside these spaces, in particular in traffic areas at a cost.

The parking garage operator is also entitled to remove the user’s vehicle, if the parking garage poses an urgent threat.

Every user is recommended to carefully lock their vehicle after leaving it and not to leave any valuables inside.

2) The operating hours can be taken from the relevant signs.

III. Safety and regulatory requirements

1) You may only drive at a walking pace in the parking garage.

2) It is not permitted to

a) smoke or use fire in the parking garage

b) store any manner of items (in particular tires, bikes etc.), fuel and inflammable objects and empty fuel containers

c) fuel vehicles

d) try out or leave engines running while the vehicle is stationary

e) park vehicles with a tank or engine that is leaking

f) bring in vehicles with liquid gas containers and other equivalent hazardous materials (may be deleted based on the valid state regulations)

g) leave for a period beyond simple parking and collection

h) accommodate unauthorized persons (such as skateboarders, graffiti artists or inline skaters)

3) It is not permitted to repair, wash, clean the inside, discharge fuels or oils, leave behind waste and cause any manner of contamination in the parking garage.

4) No advertising material may be distributed or affixed in the parking garage. Any breaches shall be prosecuted under civil (e.g., towing costs) and criminal law.

IV. Rent/parking time

1) The rent is calculated according to the displayed and valid list of charges.

2) The vehicle may only be collected during the hours of operation upon presentation of the parking ticket and payment of the charge. If the user intends to drive their vehicle out outside these operating hours, they are obliged to indemnify the parking garage operator, notwithstanding any further claims for the costs incurred as a result of the special operating hours (time, mileage etc.). These costs shall become due and are payable when the vehicle is collected.

3) The maximum parking period is four weeks unless a special written agreement has been entered into in the specific case.

At the end of the maximum parking period, the parking garage operator is entitled to have the vehicle removed from the parking garage at the user’s expense, if the user and/or keeper of the vehicle has not received a written notification, giving two weeks’ notice without effect, or the value of the vehicle clearly does not exceed the parking charges due. The parking garage operator is entitled to payment based on the list of charges until the vehicle is removed.

4) A payment of at least the daily rate is due if the parking ticket is lost, unless the user can provide evidence of a shorter parking stay, or the parking garage operator of a longer parking stay. The parking garage operator may check the right to collect and use the vehicle. Evidence includes presentation of the parking ticket; the user may provide other evidence.

5) If the user has not parked their vehicle properly, i.e., not in areas designated as a parking space or in a permanent parking space, and does not intend to rectify this situation immediately, the parking garage operator is entitled, notwithstanding further compensation claims or action in accordance with the parking conditions, to have the vehicle towed away. A flat-rate charge will be levied for the vehicle’s removal. The user can provide evidence that this level of costs was not incurred or was significantly lower than the flat-rate charge.

6) If the user takes up more than one parking space with their vehicle, the parking garage operator is entitled to charge the full rent for the number of parking spaces used.

V. Liability of the parking garage operator

1) The parking garage operator has no liability to the parking space user. This excludes any damage as a result of an injury to life, body or health, or infringement of essential contractual obligation (cardinal obligations), and liability for other damage caused willfully or as a result of a grossly negligent breach by the parking garage operator, their legal representative, or vicarious agents, or if the parking garage operator has maliciously concealed any defects. Essential contractual obligations are those that are necessary to achieve the contract’s objective. If essential contractual obligations are breached, the parking garage operator shall only be liable for foreseeable damages that are typical for the contract if these were caused by simple negligence, unless they are the compensation claims by the user because of a breach of life, body, or health.

2) Existing liability restrictions apply to all compensation claims regardless of their legal basis, including claims that result from unauthorized use. The present liability restrictions and exclusions also apply in cases of possible claims for compensation by the user against employees of the parking garage operator. However, they do not apply in instances of liability by the parking garage operator for a defect after having given a guarantee for the quality of an item or a work, in the case of maliciously concealed defects or personal injury.

3) The user is obliged to notify the parking garage operator immediately in writing. Any damage must be notified to the parking garage’s personnel before leaving the parking garage, if possible.

4) All claims against the parking garage operator shall expire within a year from the start of the standard, knowledge-dependent limitation period of Section 199 (1) of the German Civil Code (BGB). Compensation claims shall expire in three years independent of knowledge. Reductions in the statutory limitation period do not apply to claims that are based on willful intent or a grossly negligent breach of duty on the part of the parking garage operator or an injury to life body or health.

VI. User’s liability

The user is liable for any damage they, their vicarious agents, their representatives, or their companions have culpably caused the parking garage operator. They are obliged to report such damage automatically to the parking garage operator when leaving the parking garage; the user is also liable for the costs of cleaning in the event contamination of the parking garage in accordance with III.3) and III. 3) 4).

VII. Right of lien/retention right

1) The parking garage operator has a retention right because of its claims based on a continuous rental agreement and a statutory lien over the user’s parked vehicle.

The parking garage operator is also entitled to sell or auction vehicles or trailers without an official registration after the maximum parking period has expired, and fruitless notification of the user/vehicle keeper. This also applies if the user/vehicle keeper cannot be determined after taking reasonable steps. If the user/ vehicle keeper is known to the parking garage operator, they will be notified about this one week before disposal of the vehicle. If the user/ vehicle keeper shall be provided with the proceeds less any costs incurred, and parking charges accrued up to removal of the vehicle. If the user/vehicle keeper fails to claim the proceeds within a year of the sale or auction, the proceeds shall fall to the parking garage operator.

2) Without prejudice to the rights from VII.1) to VII.2), the user/keeper of the vehicle is liable to the parking garage operator for all costs incurred.

GENERAL TERMS AND CONDITIONS FOR EVENTS AT RAMADA BY WYNDHAM ESSEN HOTEL

I. Scope

1. These terms of business apply to contracts for the leasing of conferencing, banqueting and function rooms of the hotel for the holding of events, such as banquets, seminars, conventions, exhibitions, and presentations etc., as well as for all further deliveries and services connected with the hotel.

2. The subletting and reletting of the rooms, spaces or display cases, and the invitation to interviews, sales or similar events requires the hotel’s prior consent, in a waiver of Section 540(1)ii of the German Civil Code (BGB), unless the customer is a consumer.

3. The customer’s business terms shall only apply if this has been explicitly agreed in advance in writing.

II. Conclusion of contract, partners, liability, limitation period

1. The contract shall come into effect at the point the hotel accepts the application from the customer; these are the contractual partners.

2. If the customer is not the event planner himself, or the event planner has involved a commercial representative or organizer, the event planner will be jointly and separately liable for all obligations arising from the contract together with the customer.

3. The hotel is liable for its obligations arising from the contract with the care of a prudent businessman. Any claims for compensation by the customer are excluded. This does not apply to losses as a result of an injury to life, body or health, or infringement of essential contractual obligations (cardinal obligations), and liability for other damage caused willfully or as a result of a grossly negligent breach by the hotel, its legal representatives or vicarious agents, or if the hotel has maliciously concealed defects. Essential contractual obligations are those that are necessary to achieve the contract’s objective. If essential contractual obligations are breached, the hotel shall only be liable for foreseeable damages that are typical for the contract if these were caused by simple negligence, unless they are compensation claims by the customer because of a breach of life, body or health.

4. Existing liability restrictions apply to all compensation claims regardless of their legal basis, including claims that result from unauthorized use. The present liability restrictions and exclusions also apply in cases of possible claims for compensation by the customer against the hotel’s employees. However, they do not apply in instances of liability by the hotel for a defect after having given a guarantee for the quality of an item or a work, in the case of maliciously concealed defects or personal injury.

5. No contract of safe custody will come into effect if the customer is provided with a parking space in the hotel garage or in the hotel’s car park for payment. The hotel has neither a duty to oversee or provide security. The hotel is not liable for any loss or damage to any vehicles parked or maneuvered on hotel property. The hotel is also not liable for the vehicles’ contents, except in the event of intent or gross negligence. The general business terms for parking garages of Ramada by Wyndham Essen Hotel apply in all other respects.

6. The customer is liable for all damage to buildings or contents that are caused by participants or visitors to the event, employees, other third parties from their sector or caused by themselves or their legal representatives and vicarious agents. The customer may demand that reasonable securities (e.g., insurance, securities, sureties) be put in place as protection against possible claims because of damage.

7. All claims against the hotel shall expire within a year from the start of the standard, knowledge-dependent limitation period, as set out in Section 199 (1) of the German Civil Code (BGB). Compensation claims shall expire in three years independent of knowledge. Reductions in the statutory limitation period do not apply to claims that are based on willful intent or a grossly negligent breach of duty on the part of the hotel or an injury to life, body, or health.

III. Services, prices, payment, setoff

1. The hotel is obliged to provide the services ordered by the customer and committed by the hotel in accordance with these general business terms.

2. The customer is obliged to pay for these and any further services they may use at the hotel’s applicable or agreed rates. This also applies to any services arranged by the customer and the hotel’s out-of-pocket expenses to third parties, in particular for demands from copyright collection societies.

3. The agreed prices include the statutory rate of VAT. If the period between concluding the contract and the event should exceed four months and the price generally charged for such services by the hotel increases, the contractually agreed price can be reasonably increased, though up to a maximum of 5%.

4. Invoices of the hotel are payable immediately without deduction. The hotel has the right to call in any accrued debts at any time and to demand immediate settlement. In the event of payment arrears, the hotel is entitled to demand statutory late payment interest. The hotel reserves the right to provide evidence of a higher loss.

5. The hotel has the right to demand reasonable advance payment at any time. The amount of advance payment and the payment terms can be agreed in the contract in writing.

6. The customer may only offset or reduce a debt with a debt that has been acknowledged in writing or that is legally enforceable.

IV. Withdrawal by the customer (termination, cancellation)

1. Any free-of-charge withdrawal by the customer from the contract entered with the hotel requires the hotel’s written consent. If this does not take place, the agreed costs for space rent from the contract and for any services arranged with third parties must also be paid, even if the customer has not used the contractual services and reletting is no longer possible. This does not apply if the hotel’s obligation to consider rights, legal assets and interests of the customer are breached, if it is no longer reasonable for them to adhere to the contract, or they are entitled to another statutory or contractual right of withdrawal.

2. If a date has been agreed in writing between the hotel and the customer, the customer can withdraw from the contract up to that date, without incurring any claims for payment for compensation from the hotel. The customer’s right to withdraw shall expire if they do not exercise their right to withdraw in writing with the hotel by the agreed date, unless a case outlined in number 1, clause 3 applies.

3. If the customer only withdraws between the 8th and 4th week before the date of the event, the hotel is entitled to charge 35% of the lost food sales as well as the agreed hire costs, and 70% of the food sales in the event of a later withdrawal.

4. The food sales are charged using the formula: menu price – event x number of attendees. If no price has yet been agreed for the menu, the cheapest 3-course menu of the valid event offer will be used as a basis.

5. If a conference rate has been agreed for each attendee, the hotel is entitled to charge 60% for a withdrawal between the 8th and 4th week before the event date, and 85% of the conference rate x agreed number of attendees for a withdrawal later.

6. Number 3 and 5 take account of the deduction for saved expenditure. The customer is free to prove that the aforesaid usage was not incurred or that the amount claimed was not incurred.

V. Withdrawal by the hotel

1. If a free-of-charge right to withdraw by the customer has been agreed in writing within a specific time limit, the hotel is itself entitled to withdraw from the contract during this period, if it has enquiries from other customers for the contractually reserved rooms, and the customer fails to respond to enquiries made by the hotel about its right to withdraw.

2. The hotel is also entitled to withdraw from the contract if an advance payment agreed or demanded based on the aforesaid clause III no. 5 is not made.

3. The hotel is further entitled to withdraw from the contract for an objectively justified reason, for example, if

force majeure or other circumstances render fulfilment of the contract impossible, for which the hotel is not responsible.
events are booked with misleading or incorrect details of essential facts, e.g., about the customer or the purpose.
the hotel has reasonable grounds to suspect that acceptance of the hotel’s services may affect the smooth operation of the business, the security or the hotel’s public reputation, without this being attributable to the hotel’s power of control or organization.
there is a breach against the aforesaid clause 1 no. 2.
the hotel learns of circumstances that the customer’s financial situation has significantly deteriorated after conclusion of the contract, in particular, if the customer has failed to settle due accounts with the hotel or offer sufficient security, and the hotel’s claims for payment therefore appear to be at risk.

4. The customer is not entitled to compensation if the hotel is justified in withdrawing from the contract.

VI. Change to the number of attendees and time of the event

1. The customer is obliged to specify the anticipated number of attendees to the hotel when placing the order. The customer must notify the hotel of the final number of attendees in writing, at the latest five working days before the date for the event. If the notified number of attendees changes by more than 5% with the aforesaid notification, such a change requires the hotel’s written consent.

2. When charging for services that the hotel undertakes based on the number of registered persons (e.g., hotel rooms, food, and drinks), the actual number of persons will be charged in the event of an increase in the number of registered and contractually agreed attendees. In the event of a reduction in the contractually agreed number of participants of more than 5%, the hotel is entitled to charge the contractually agreed number of attendees less 5%. The customer has the right to reduce the agreed price by the expenditure saved, for which they are to provide proof, due to the lower number of attendees.

3. If the number of attendees varies by more than 10%, the hotel is entitled to set the agreed prices again and change the confirmed rooms.

4. If the event’s agreed start or finish times should shift without the hotel’s prior consent, the hotel may make a reasonable charge for the additional performance, unless the hotel is responsible for the change.

VII. Bringing of food and drink to the hotel

The customer may not bring any food or drink to events at the hotel.

Exceptions require a written agreement with the hotel. A separate service charge will be made in these cases to cover general overheads.

VIII. Technical equipment and connectivity

1. If the hotel procures technical or other equipment for the customer at their request from third parties, this is carried out in the customer’s name, with their full authority and on their account.

The customer is liable for the careful handling and proper return. They release the hotel from all claims from third parties as a result of handing over this equipment.

2. The use of the customer’s own electrical equipment with the hotel’s power supply requires its written consent. The customer will bear the cost of any disruption or damage to the hotel’s technical equipment as a result of using these devices unless the hotel is responsible. The hotel can record and charge a flat rate for the cost of any electricity incurred as a result of their use.

3. The customer is entitled to use their own telephone, fax, and data transmission equipment with the hotel’s consent. The hotel may require a connection fee.

4. A fee will be charged as compensation, if the hotel’s own equipment remains unused on account of the customer using their own equipment.

5. Any disruption to the technical and other equipment provided by the hotel shall be remedied immediately, as far as possible. No payments may be refunded or reduced if the hotel is not responsible for these disruptions.

6. The customer is responsible for obtaining any official consents that may be required at their own expense for holding the event. They are responsible for adhering to permissions and all other requirements associated with the event under public law. If the customer assigns the provision of services to third parties as part of the event (e.g., development work etc.), the contractual partner must ensure adherence to all occupational safety and safety standards. In particular, all the emergency escape routes and exits must be kept clear at all times.

7. The customer is responsible itself for arranging the necessary formalities and fees for any musical performance and public address systems it has arranged itself with the relevant authorities (e.g. GEMA).

8. The customer may only use the hotel’s name and trademarks in the advertising for their event with the hotel’s prior consent.

IX. Loss or damage of any items brought in by the customer

1. Any exhibition or other, even personal items are located in the hotel and conference rooms at the customer’s own risk. The hotel accepts no responsibility for loss, destruction, or damage, even for financial losses, except in the event of gross negligence or intent on the part of the hotel. This excludes damage as a result of injury to life, body, or health. Additionally, all cases, in which the safekeeping constitutes a duty typical of the contract because of the circumstances in the specific case, are excluded from this exemption from liability.

2. Any material the customer brings with them must meet the fire safety regulations. The hotel is entitled to demand an official consent, if necessary. If no such evidence is forthcoming, the hotel is entitled to remove any material already brought in by the customer at the customer’s expense. The positioning and installation of items must be agreed beforehand with the hotel because of possible damage.

3. Any exhibits or other items brought along must be removed immediately following the end of the event. If the customer fails to do this, the hotel may remove and store the items itself at the customer’s expense. If the items are left in the conference room, the hotel may charge a reasonable fee as compensation for the time the items are left there. The customer is free to prove that the aforesaid usage was not incurred or that the amount claimed was not incurred.

4. Packaging material (cardboard, boxes, plastic etc.), which arise in connection with supplies to the event by the contractual partner or third parties, must be disposed of by the customer. If the customer leaves behind any packaging material in the hotel, the hotel is entitled to dispose of this at the contractual partner’s expense.

5. If the materials brought in by the customer contain personal data or other confidential information (e.g., work papers, lists of attendees, presentations, handouts) personal data or other confidential information, the customer is itself particularly responsible for data protection provisions (e.g., destruction of such materials under data protection legislation).

X. Closing conditions

1. Any changes or additions to the contract, application acceptance or these business terms for events, and the waiver of written form must take place in writing. Unilateral changes or additions by the customers will not be recognized.

2. The hotel’s registered office is the place of performance and payment.

3. Sole place of jurisdiction, even for disputes involving cheques and bills of exchange, is the hotel’s principal place of business for commercial transactions, or at the hotel’s choice, Frankfurt am Main. If a contractual partner meets the conditions of Section 38(2) of the Code of Civil Procedure (ZPO) and has no national place of jurisdiction, the hotel’s principal place of business is the place of jurisdiction.

4. German law applies. Application of the UN Convention on the International Sale of Goods and conflict-of-law provisions is excluded.

5. Should individual conditions of these general business terms for conferences or banquets be or become ineffective or void, this shall not affect the effectiveness of the remaining conditions. In addition, the statutory requirements apply.

Dragon fest Title

Dragon fest Title