General Terms and Conditions Jordan's Untermühle

Scope

1. These terms and conditions apply to contracts pertaining to the rental of conference, banquet and event spaces used for the organisation of events, such as banquets, seminars, meetings, etc., as well as to other services provided by Jordan's Untermühle that are affiliated therewith.
2. General terms and conditions of the customer shall not apply. Other provisions shall only apply, if expressly confirmed in writing by Jordan's Untermühle.

Conclusion of contract / third party surrender

1. The contract is concluded by Jordan's Untermühle accepting the request of / confirming it to the organiser and its reconfirming on part of the organiser in writing; the organiser and Jordan's Untermühle are contractual partners.
Jordan's Untermühle undertakes to provide the reserved premises as well as the services assigned.
The organiser warrants that the scheduled event will take place at Jordan's Untermühle and that it will pay the agreed price for the services of Jordan's Untermühle.
Subletting or any other form of surrender of rooms, areas and showcases to third parties requires the prior written consent of Jordan's Untermühle.

Prices, payment, offsetting

1. Agreed prices include the respective statutory value added tax, unless it is shown separately. Should the period between conclusion of contract and event exceed 6 months and if the price generally charged by Jordan's Untermühle for such services increases, the contractually agreed price can be increased accordingly.
2. If the organiser makes changes to the assignment with the consent of Jordan's Untermühle, such changes are no longer subject to the originally offered prices.
3. Invoices issued by Jordan's Untermühle are payable within 10 days of receipt of the invoice without deduction. In the event of late payment, interest of 4% above the respective base rate of the Deutsche Bundesbank can be charged.
Upon conclusion of contract Jordan's Untermühle is entitled to claim an appropriate advance payment as security.
The customer can only offset undisputed and legally established claims against claims of Jordan's Untermühle.
6. Credit cards will only be accepted for the payment of banquet bills, special events and conferences with the express consent of Jordan's Untermühle.
7. Staff costs are included in our prices until 1.00am only. After this time we charge € 45 per employee and hour or part thereof. Events can be held in our establishment until 3.00am. Should this agreed time limit nevertheless be exceeded, we reserve the right to charge an additional night flat rate of € 175 per ½ hour or part thereof.

Defects, Liability, Statute of Limitations

1. If deliveries or services provided by Jordan's Untermühle are defective or services are impaired, the organiser must notify Jordan's Untermühle thereof immediately after discovery so that Jordan's Untermühle is granted the opportunity to remedy the situation as quickly as possible or to establish the contractual conformity of the deliveries and services. Should this not be possible due to the nature of the defect/disruption or for other compelling reasons or such remedy cannot be reasonably expected by the organiser, notifications of defects must be made in any case at the latest when the rooms are returned to Jordan's Untermühle. The organiser is under obligation to keep any damage incurred as low as possible.
2. In all other respects the liability of Jordan's Untermühle in non-typical performance areas shall be limited to defects in performance that are based on intent or gross negligence on the part of Jordan's Untermühle. This, in particular, applies to claims that are based on warranted characteristics and culpability upon conclusion of contract.
3. Claims of the customer due to non-performance or defective performance or due to any other liability of Jordan's Untermühle shall be barred by limitation – subject to any shorter statutory period of limitation – at the latest within six months, calculated from the day of the end of the event as agreed in the event space lease contract.

Withdrawal of the conference banquet customer

1. Cancellations of the organiser have to be made in written form.
2. Should the customer cancel a banquet (= wedding, birthday party or similar festivities) or a conference, the cheapest 4-course menu (menu for festivities) and a beverage flat rate of € 45.00 will be charged in addition to the room rental of the booked event space as a basis or the already booked and/or agreed food and drink / flat rate (if an offer has already been made), in the event of cancellation of the event, will be invoiced as follows:
- Cancellation later than 179 days in advance: 25%.
- Cancellation later than 70 days in advance: 50%.
- Cancellation later than 21 days in advance: 75%.
- Cancellation on the day of the event: 100%.
If the event date is sold again and substituted by an equivalent event, the cancellation fee is not applicable.
3. These provisions also apply, if the customer fails to kick-off and/or participate in the event for any reason Jordan's Untermühle cannot be held liable for (e.g. force majeure).
4. Payment obligations of the organiser according to paragraph V do not arise, if the cancellation of the organiser occurs for a reason, Jordan's Untermühle can be held liable for.
5. Services provided by third parties or special services which become obsolete as a result of the cancellation must be paid in any case.
Booked hotel rooms and conference rooms will be charged according to the cancellation conditions as follows:
- up to 8 weeks prior to arrival: no costs
- up to 6 weeks: 60%
- afterwards 80% of the agreed price.

Withdrawal on part of Jordan's Untermühle

1. If a requested advance payment is not made within the agreed or a reasonable period, Jordan's Untermühle is entitled to withdraw from the contract.
2. Furthermore, Jordan's Untermühle is entitled to withdraw from the contract for objectively justified reasons, e.g. if force majeure or other circumstances beyond Jordan's Untermühle's control make the performance of the contract unreasonable; if events are booked under misleading or false statements of essential facts, e.g. of the organiser or purpose of the event; if Jordan's Untermühle has reasonable grounds to believe that an event may jeopardize the smooth operation of business, the safety or the reputation of Jordan's Untermühle.
This also applies, if Jordan's Untermühle has reason to believe that the organiser or participants of the event are sympathizers or followers of Scientology, or the ideas of L. Ron Hubbard, or is bound by instructions from an organisation that disseminates or uses the Hubbard doctrine.
4. The organiser is not entitled to compensation if Jordan's Untermühle justifiably withdraws from the contract. Jordan's Untermühle has to inform the organiser immediately of its exercise of the right of withdrawal.

Number of participants, changes in the number of participants and time of the event

1. The organiser of a banquet event shall inform Jordan's Untermühle of the final number of participants at least 48 hours prior to the start of the event.
2. If the actual number of participants is reduced by no more than 5 % compared to the original assignment, the actual number of participants shall be invoiced. In the event of reductions in excess of this, the following portions of an agreed food and drink rate of the losses exceeding 5% shall be invoiced as follows:
- if communicated later than 7 days prior to the event: 50%.
- notification on the day of the event: 100%.
If the number of participants is reduced by more than 10%, Jordan's Untermühle is entitled to exchange the agreed spaces, provided that the size of the new rooms is appropriate for the reduced number of participants and the rooms are equipped in a comparable way. In the event of an increase, the actual number of participants shall be taken as the basis for invoicing.
If the agreed start or end times of the event are postponed without Jordan's Untermühle's prior written consent, Jordan's Untermühle may charge these additional costs for the readiness to perform in accordance with sec. 315 BGB [German Civil Code], unless Jordan's Untermühle can be held liable for the postponement.

Bringing along food, drinks and other objects as well as their disposal

Jordan's Untermühle exclusively provides food and drinks for events. Exceptions require written agreement. In such cases, an amount to cover overheads ("corkage fee" and/or "cover charge") will be charged. The organiser is fully liable for any food and drinks brought along and indemnifies Jordan's Untermühle against any claims by third parties.

Technical equipment and connections

1. If Jordan's Untermühle procures technical and other equipment from third parties for the organiser at the organiser's request, it shall act in the name of, on behalf of and for the account of the organiser. The organiser is responsible for the careful handling and the proper return. Jordan's Untermühle is exempt from all claims by third parties arising from the transfer of these facilities.
2. The use of the organiser's own electrical systems using the Jordan's Untermühle power grid requires the organiser's written consent. Any malfunctions or damage to the technical equipment of the hotel or the premises incurred as a result of the use of these devices shall be borne by the organiser, insofar as Jordan's Untermühle or its affiliates are not responsible for such malfunctions or damage. Jordan's Untermühle may record and charge for the electricity costs incurred through the use of the product, unless otherwise agreed.
The organiser is only entitled to use own telephone, fax and other data transmission facilities with the consent of Jordan's Untermühle. A connection fee may be charged for this.

Loss of or damage to items brought along; liability of the hotel

Any exhibition, seminar, conference or other items, including personal belongings, carried along by the organiser are brought to event rooms at the risk of the organiser. Jordan's Untermühle does not assume any guarding or storage obligation. If possible, objects intended for the event must not be brought to the hotel earlier than 2 days before the start of the event. Again, Jordan's Untermühle shall not be liable for loss, destruction or damage only in case of gross negligence, intent or breach of contractual obligations by Jordan's Untermühle limited to the respective sum insured under the business liability insurance. Insuring items brought along is the responsibility of the organiser.

Liability of the organiser for damages

1. The organiser is liable for all damages, such as to the building or inventory, caused by event participants or visitors, employees, other third parties affiliated with the organiser.
2. Jordan's Untermühle may require the organiser to provide adequate security (e.g. insurance, deposits, sureties, etc.).


Miscellaneous

1. Photographs for commercial purposes may only be taken with prior written consent of Jordan's Untermühle.
2. Newspaper advertisements with reference to the event are also subject to approval by Jordan's Untermühle.
3. Changes or additions to the contract must be made in writing. Unilateral changes by the customer are ineffective.
4. Should individual provisions of the contract be invalid, this shall not affect the validity of the remaining provisions. The parties shall replace ineffective provisions with provisions that as closely as possible approximate to the intended economic purpose.
5. Claims for damages of any kind are subject the following: The organiser has the right to provide evidence of a lower damage amount, Jordan's Untermühle of a higher damage amount.
6. Place of performance and payment is – as far as legally permissible – the registered office of Jordan's Untermühle in Köngernheim. The exclusive place of jurisdiction is the registered office of the hotel or Jordan's Untermühle. German law applies.