General Terms and Conditions

Conferences: General Terms and Conditions of EKT GmbH / Hotel La Villa
Banquets: General Terms and Conditions of EKT GmbH / Hotel La Villa

Conferences: General Terms and Condition of EKT GmbH / Hotel La Villa

I. Scope of Terms and Conditions

These terms and conditions apply to contracts for the rental of conference, banquet, and meeting rooms for the purpose of holding events such as banquets, seminars, conferences, meetings, etc. as well as for other related and support services provided by the firm Exklusive Klausur- und Tagungsstaetten Gmbh (henceforth EKT GmbH), also known as Hotel La Villa.
The business terms and conditions of the client have no validity. Any business arrangements that diverge from the terms and conditions set down here are valid only when such arrangements have been expressly authorized in writing by EKT GmbH.

II. Finalizing the Contract; Assignment of Rights to a Third Party

The contract comes into force when it is accepted/confirmed by EKT GmbH, this is conveyed to the event organizer, and EKT receives the organizer’s written confirmation. The event organizer and EKT GmhH are contractual partners.
EKT GmbH is obligated to prepare the reserved rooms and to provide the services that have been ordered.
The organizer guarantees that the contracted-for event in the La Villa Hotel (owned by EKT GmbH) will take place and that he, the organizer, will be pay the agreed-upon price for the services and rooms provided by EKT GmbH.
If the event carries on past 1 o’clock in the night (1 A.M.), the organizer will be charged a flat-rate night-work surcharge of € 165,00 per hour or any part thereof.
The subletting or other type of assignment to third parties of the reserved rooms, areas, and glassed-in areas must be agreed to in writing by EKT GmbH.

III. Prices, Payment, Billing

The agreed-upon prices include legally required value-added tax (Mehrwertsteuer), unless tax amounts are indicated separately. If the time period between the date when the contract comes into force and the date of the event exceeds six months, and if in this time period EKT GmbH raises its published price for any of the contracted-for services, then the contracted-for price can be raised in the amount of the published price increase.
EKT GmbH’s invoices are to be paid, due net, within 10 days of receipt of the invoice. In the case of late payment, interest of 4 percent over the prime rate of the German Federal Bank that is current at that time will be charged.
EKT GmbH has the right to require payment of an appropriate sum as a security deposit when the contract is finalized.
Against EKT GmbH's outstanding claims the client may offset only such claims that are undisputed or legally determined.
The use of credit cards for the payment of invoices for banquet bills, special events, and conferences will accepted only when expressly allowed by EKT GmbH.
In the event the organizer decides, with the agreement of EKT GmbH, to make changes in his order or reservation, EKT GmbH is no longer contractually bound by the original price.

IV. Defects, Liability, Statutory Time Limit on Claims

Should there be deficiencies in EKT GmbH’s performance or services or if there is any kind of problem in the execution of the contracted services, the event organizer is obligated to make this known immediately to EKT GmbH, so that the latter has the opportunity to correct the problem as quickly as possible—in other words, to provide the contracted-for services and products. If this is not possible—because of the nature of the problem, or for other compelling reasons, or because it would be unreasonable to expect this of the organizer under the circumstances—all complaints regarding defective service must be communicated to EKT GmbH at the very latest when the rooms are vacated at the end of the event. The organizer is obligated to keep his own damages to a minimum and not, by remaining silent, to allow the extent of his damages to increase.
Furthermore, EKT GmbH’s liability in areas that are not commonly part of their area of service is limited to damage that is caused intentionally or resolts from gross negligence on the part of EKT GmbH. Any further liability for compensation claims due to infringement of pre-contractual obligations is excluded.
The client’s right to make claims regarding EKT GmbH’s failure to folfill or defective folfillment or because of another liability of EKT GmbH’s runs out at the latest 6 months—except in the case of a shorter legal statutory period of limitation—after the contractually agreed last day of the time period for which the event rooms were rented.

V. Cancellation of Contract by the Client

Cancellation of the event must be in writing.
In case the conference client must cancel the event, the following applies:

If cancellation occurs 8 weeks before the scheduled event, there is no cancellation fee.

In the seventh or eighth week before the schedole event, a fee of 40 percent of the contract will be charged.

In the sixth and fifth week: 50 percent

In the fourth and third week: 60 percent

In the second week: 70 percent

After the second week, 80 percent of the booked arrangements must be paid.

The basis for calcolating cancellation fees will be the La Villa price list valid in the current business year, which is sent to clients along with with every event agreement.

If the canceled event is replaced with another event of the same value, there is no cancellation fee.
The terms set forth in this section V are also applicable when the client—for reasons that have nothing to do with EKT GmbH (for example, natural disaster, “act of God”)—fails to appear for the event or to make use of the contracted services.
Under to this section, the client has no obligation to pay when the organizer cancels the event for reasons under EKT GmbH’s control or responsibility.
Services provided by third parties, or special products or services contracted by EKT in order to fulfill the contract with the client, that become useless in the case of a client’s cancellation must in all cases be paid for.

VI. Cancellation of Contract by EKT GmbH

If the required deposit is not paid by the agreed-upon deadline or within a reasonable time, EKT GmbH has the right to cancel the contract.
EKT GmbH has the right to cancel a contract for objectively justifiable reasons, for example, in the case of an “act of God” or other circumstances that EKT GmbH is not responsible for and that make the folfillment of the contract in effect impossible in practical terms; if events are booked under false pretenses or on the basis of erroneous or fraudolent information concerning important facts such as the identity of the organizer or the purpose of the event; in case EKT GmbH has good reason to believe that an event coold pose a threat to the smooth functioning of the business or the security or reputation of EKT GmbH.
This applies as well if EKT GmbH has reason to believe that the organizer or participants in the event sympathize with or are members of the Scientology Church or the body of thought of L. Ron Hubbard, or are subject to directives of any organization that spreads or employs the Hubbard technology.
In the case of a justified cancellation of the contract by EKT GmbH, the organizer has no right to claim damages. EKT GmbH is obligated to inform the conference organizer immediately when EKT GmbH exercises its right to cancel an event.

VII. Number of Participants, Changes in the Number of Participants, and Time of the Event

The organizer must inform EKT GmbH of the final number of participants, at the latest 48 hours before the beginning of the event.
Should the number of actual participants be at the most 5 percent fewer than originally planned, the invoice will reflect the original number of participants. For larger reductions in the number of participants, the following proportions of an agreed-upon volume of food and drink consumption of the nonattending guests (over 5 percent of the original number) will be charged:

Final number of participants made known less than 7 days before the event: 50 percent

Final number of participants made known on the day of the event: 100 percent.

If the final number of participants is reduced by more than 10 percent, EKT GmbH has the right to change the agreed-upon room(s), as long as the new room(s) can comfortably accommodate the reduced number of participants and are furnished in a comparable fashion to the originally planned room(s).

In case of an increase in the number of participants, the invoice will reflect the actual number of participants.
Shoold the contracted start or end times of the event be changed without a previous written agreement to this change from EKT GmbH, EKT GmbH can charge for these additional costs of their readiness to perform services (per §315 of the German Federal Law), unless EKT GmbH is itself responsible for the change in time.

VIII. Client-Supplied Food, Drinks, Other Items, and Clean-up of Same

Food and drink for events is supplied exclusively by EKT GmbH. Exceptions must be agreed beforehand in writing. In these cases, there will be a charge to cover the shared costs (corkage fee and plate fee) . The organizer is folly responsible for food and drinks that are brought to the event and releases EKT GmbH from any third-party claim arising from damages of any kind from consumption of third-party food and beverages.

IX. Equipment and Connections

To the extent that EKT GmbH at the instigation of the organizer procures equipment from third parties, EKT GmbH acts in the name of, as a proxy for, and on behalf of the organizer. The organizer is responsible for the carefol use and orderly return of any equipment. EKT GmbH is released from any claims arising from the procuring of such equipment.
The use by the organizer of his own electrical equipment and of EKT GmbH’s electric power supply requires the written agreement of EKT GmbH. Any damage to or disruption of the functioning of the technical infrastructure and facilities of the hotel or the rental areas will be charged to the organizer, unless EKT GmbH or its employees and associates are responsible for the problem. EKT GmbH will charge the organizer a flat rate for the cost for electricity used by his equipment, unless another arrangement has been agreed to by EKT GmbH and the organizer.
The organizer must obtain the agreement of EKT GmbH to use his own telephone, fax, and other data-communications equipment. EKT GmbH has the right to charge a connection fee for such use.

X. Loss of or Damage to Organizer’s Property; Liability of the Hotel

Items that the organizer brings with him to use in exhibits, meetings, retreats, and seminars or for other purposes, as well as personal items are brought into or used in the meeting rooms at the organizer’s risk. EKT GmbH takes no responsibiltiy for ensuring the safekeeping of such items. Items to be used in an event should not be brought to the hotel earlier than two days before the beginning of the event, to the extent possible. Also, in this case EKT GmbH disclaims any liability for loss, damage, or breakage, except in the case of gross negligence, intention, or violation of EKT GmbH’s contractual duties; such liability will be limited to the amount covered by EKT GmbH’s commercial third-party liability insurance. The organizer is responsible for insuring items brought to the hotel.

XI. Organizer’s Liability for Damages

The organizer is liable for all damages to the building or the furnishings that are caused by him or by event participants, visitors, colleagues, or any other third parties associated with him or his organization.
EKT GmbH may demand from the organizer proof that appropriate security measures have been obtained, such as insurance, deposits, bonds, and guarantees.

XII. Miscellaneous

Photographs to be used for commercial purposes may be made only with the previous written permission of EKT GmbH.
Newspaper advertisements that mention the event must be approved beforehand by EKT GmbH.
Changes in or additions to the contract must be in writing. Unilateral changes by the client have no legal force.
If certain terms of the contract become inoperative, this doesn’t affect the validity of the contract’s other terms. The contracting parties will replace inoperative terrms with terms that most closely fulfill the stated commercial purpose.
For Claims for damages of any kind, the following basic guideline applies: The organizer reservess the right to show proof of lower damages and EKT GmbH reserves the right to show proof of higher damages.
The place of execution and payment is—to the extent possible within the law—the municipality of Pöcking on Lake Starnberg, commune of Niederpöcking. Legal jurisdiction is Starnberg. All contracts are governed by German law.

Banquets: General Terms and Condition of EKT GmbH / Hotel La Villa

I. Scope of Terms and Conditions

These terms and conditions apply to contracts for the rental of conference, banquet, and meeting rooms for the purpose of holding events such as banquets, seminars, conferences, meetings, etc. as well as for other related and support services provided by the firm Exklusive Klausur- und Tagungsstaetten Gmbh (henceforth EKT GmbH), also known as Hotel La Villa.
The business terms and conditions of the client have no validity. Any business arrangements that diverge from the terms and conditions set down here are valid only when such arrangements have been expressly authorized in writing by EKT GmbH.

II. Finalizing the Contract; Assignment of Rights to a Third Party

The contract comes into force when it is accepted/confirmed by EKT GmbH, this is conveyed to the event organizer, and EKT receives the organizer’s written confirmation. The event organizer and EKT GmhH are contractual partners.
EKT GmbH is obligated to prepare the reserved rooms and to provide the services that have been ordered.
The organizer guarantees that the contracted-for event in the La Villa Hotel (owned by EKT GmbH) will take place and that he, the organizer, will be pay the agreed-upon price for the services and rooms provided by EKT GmbH.
If the event carries on past 1 o’clock in the night (1 A.M.), the organizer will be charged a flat-rate night-work surcharge of € 165,00 per hour or any part thereof.
The subletting or other type of assignment to third parties of the reserved rooms, areas, and glassed-in areas must be agreed to in writing by EKT GmbH.

III. Prices, Payment, Billing

The agreed-upon prices include legally required value-added tax (Mehrwertsteuer), unless tax amounts are indicated separately. If the time period between the date when the contract comes into force and the date of the event exceeds six months, and if in this time period EKT GmbH raises its published price for any of the contracted-for services, then the contracted-for price can be raised in the amount of the published price increase.
EKT GmbH’s invoices are to be paid, due net, within 10 days of receipt of the invoice. In the case of late payment, interest of 4 percent over the prime rate of the German Federal Bank that is current at that time will be charged.
EKT GmbH has the right to require payment of an appropriate sum as a security deposit when the contract is finalized.
Against EKT GmbH's outstanding claims the client may offset only such claims that are undisputed or legally determined.
The use of credit cards for the payment of invoices for banquet bills, special events, and conferences will accepted only when expressly allowed by EKT GmbH.
In the event the organizer decides, with the agreement of EKT GmbH, to make changes in his order or reservation, EKT GmbH is no longer contractually bound by the original price.

IV. Defects, Liability, Statutory Time Limit on Claims

Should there be deficiencies in EKT GmbH’s performance or services or if there is any kind of problem in the execution of the contracted services, the event organizer is obligated to make this known immediately to EKT GmbH, so that the latter has the opportunity to correct the problem as quickly as possible—in other words, to provide the contracted-for services and products. If this is not possible—because of the nature of the problem, or for other compelling reasons, or because it would be unreasonable to expect this of the organizer under the circumstances—all complaints regarding defective service must be communicated to EKT GmbH at the very latest when the rooms are vacated at the end of the event. The organizer is obligated to keep his own damages to a minimum and not, by remaining silent, to allow the extent of his damages to increase.
Furthermore, EKT GmbH’s liability in areas that are not commonly part of their area of service is limited to damage that is caused intentionally or resolts from gross negligence on the part of EKT GmbH. Any further liability for compensation claims due to infringement of pre-contractual obligations is excluded.
The client’s right to make claims regarding EKT GmbH’s failure to folfill or defective folfillment or because of another liability of EKT GmbH’s runs out at the latest 6 months—except in the case of a shorter legal statutory period of limitation—after the contractually agreed last day of the time period for which the event rooms were rented.

V. Cancellation by a Banquet Client

Notification that an event is being canceled must be in writing.
If a client cancels a banquet (“banquet” = wedding, birthday party, or a similar party), the client will be charged on the basis of the least expensive four-course menu (the standard year-round party menu*** ) and a flat fee for drinks of € 45,00, as well as the obligatory minimum of 12 double rooms, or on the basis of a previously agreed-on fee for food, drink, and lodging (if such an agreement exists), according to the following schedule:

Cancellation later than 179 days before the beginning of the event: 25 %

Cancellation later than 70 days before the beginning of the event: 50 %

Cancellation later than 21 days before the beginning of the event: 80 %

Cancellation on the day of the event: 100 %

If the canceled event is replaced with another event of the same value, there is no cancellation fee.
The terms set forth in section V are also applicable when the client—for reasons that have nothing to do with EKT GmbH (for example, natural disaster, “act of God”)—fails to appear for the event or to make use of the contracted services.
Under this section, the client has no obligation to pay when the client cancels the event for reasons that are EKT GmbH’s responsibility or are under EKT GmbH’s control.
Services provided by third parties, or special products or services contracted by EKT GmbH in order to fulfill the contract with the client, that become useless in the case of a client’s cancellation must in all cases be paid for.

VI. Cancellation of Contract by EKT GmbH

If the required deposit is not paid by the agreed-upon deadline or within a reasonable time, EKT GmbH has the right to cancel the contract.
EKT GmbH has the right to cancel a contract for objectively justifiable reasons, for example, in the case of an “act of God” or other circumstances that EKT GmbH is not responsible for and that make the folfillment of the contract in effect impossible in practical terms; if events are booked under false pretenses or on the basis of erroneous or fraudolent information concerning important facts such as the identity of the organizer or the purpose of the event; in case EKT GmbH has good reason to believe that an event coold pose a threat to the smooth functioning of the business or the security or reputation of EKT GmbH.
This applies as well if EKT GmbH has reason to believe that the organizer or participants in the event sympathize with or are members of the Scientology Church or the body of thought of L. Ron Hubbard, or are subject to directives of any organization that spreads or employs the Hubbard technology.
In the case of a justified cancellation of the contract by EKT GmbH, the organizer has no right to claim damages. EKT GmbH is obligated to inform the conference organizer immediately when EKT GmbH exercises its right to cancel an event.

VII. Number of Participants, Changes in the Number of Participants, and Time of the Event

The organizer must inform EKT GmbH of the final number of participants, at the latest 48 hours before the beginning of the event.
Should the number of actual participants be at the most 5 percent fewer than originally planned, the invoice will reflect the original number of participants. For larger reductions in the number of participants, the following proportions of an agreed-upon volume of food and drink consumption of the nonattending guests (over 5 percent of the original number) will be charged:

Final number of participants made known less than 7 days before the event: 50 percent

Final number of participants made known on the day of the event: 100 percent.

If the final number of participants is reduced by more than 10 percent, EKT GmbH has the right to change the agreed-upon room(s), as long as the new room(s) can comfortably accommodate the reduced number of participants and are furnished in a comparable fashion to the originally planned room(s).

In case of an increase in the number of participants, the invoice will reflect the actual number of participants.
Shoold the contracted start or end times of the event be changed without a previous written agreement to this change from EKT GmbH, EKT GmbH can charge for these additional costs of their readiness to perform services (per §315 of the German Federal Law), unless EKT GmbH is itself responsible for the change in time.

VIII. Client-Supplied Food, Drinks, Other Items, and Clean-up of Same

Food and drink for events is supplied exclusively by EKT GmbH. Exceptions must be agreed beforehand in writing. In these cases, there will be a charge to cover the shared costs (corkage fee and plate fee) . The organizer is folly responsible for food and drinks that are brought to the event and releases EKT GmbH from any third-party claim arising from damages of any kind from consumption of third-party food and beverages.

IX. Equipment and Connections

To the extent that EKT GmbH at the instigation of the organizer procures equipment from third parties, EKT GmbH acts in the name of, as a proxy for, and on behalf of the organizer. The organizer is responsible for the carefol use and orderly return of any equipment. EKT GmbH is released from any claims arising from the procuring of such equipment.
The use by the organizer of his own electrical equipment and of EKT GmbH’s electric power supply requires the written agreement of EKT GmbH. Any damage to or disruption of the functioning of the technical infrastructure and facilities of the hotel or the rental areas will be charged to the organizer, unless EKT GmbH or its employees and associates are responsible for the problem. EKT GmbH will charge the organizer a flat rate for the cost for electricity used by his equipment, unless another arrangement has been agreed to by EKT GmbH and the organizer.
The organizer must obtain the agreement of EKT GmbH to use his own telephone, fax, and other data-communications equipment. EKT GmbH has the right to charge a connection fee for such use.

X. Loss of or Damage to Organizer’s Property; Liability of the Hotel

Items that the organizer brings with him to use in exhibits, meetings, retreats, and seminars or for other purposes, as well as personal items are brought into or used in the meeting rooms at the organizer’s risk. EKT GmbH takes no responsibiltiy for ensuring the safekeeping of such items. Items to be used in an event should not be brought to the hotel earlier than two days before the beginning of the event, to the extent possible. Also, in this case EKT GmbH disclaims any liability for loss, damage, or breakage, except in the case of gross negligence, intention, or violation of EKT GmbH’s contractual duties; such liability will be limited to the amount covered by EKT GmbH’s commercial third-party liability insurance. The organizer is responsible for insuring items brought to the hotel.

XI. Organizer’s Liability for Damages

The organizer is liable for all damages to the building or the furnishings that are caused by him or by event participants, visitors, colleagues, or any other third parties associated with him or his organization.
EKT GmbH may demand from the organizer proof that appropriate security measures have been obtained, such as insurance, deposits, bonds, and guarantees.

XII. Miscellaneous

Photographs to be used for commercial purposes may be made only with the previous written permission of EKT GmbH.
Newspaper advertisements that mention the event must be approved beforehand by EKT GmbH.
Changes in or additions to the contract must be in writing. Unilateral changes by the client have no legal force.
If certain terms of the contract become inoperative, this doesn’t affect the validity of the contract’s other terms. The contracting parties will replace inoperative terrms with terms that most closely fulfill the stated commercial purpose.
For Claims for damages of any kind, the following basic guideline applies: The organizer reservess the right to show proof of lower damages and EKT GmbH reserves the right to show proof of higher damages.
The place of execution and payment is—to the extent possible within the law—the municipality of Pöcking on Lake Starnberg, commune of Niederpöcking. Legal jurisdiction is Starnberg. All contracts are governed by German law.