I. Scope
1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation, hereinafter referred to as “rooms,” and premises, conference, banquet, and other event rooms, hereinafter referred to as “premises,” of EKT GmbH, known as LA VILLA, hereinafter referred to as “the hotel,” for the purpose of hosting one-day or multi-day events in the fields of private events, such as banquets, and corporate events, such as seminars, conferences, celebrations, as well as all related additional services or service components, their modules, and all deliveries and services provided by the hotel, hereinafter referred to as “booked services” (hotel accommodation contract). For sales tax, the colloquial term “VAT (value added tax)” is used hereinafter.
2. The underlease or subletting of the provided guest rooms, premises, areas or showcases as well as the invitation to job interviews, sales meetings or similar events require the prior written consent of the Hotel in text form with signature. §540 section 1 sentence 2 of the German Civil Code (BGB) shall apply.
This prior consent of the Hotel also applies to any way of using the Hotel's facility and its guest rooms, premises, its location, its in-house environment, shots of the staff, the boathouse, the green areas in visual images, as shots of any kind, as a background motif, as a cutout or for any use of the hotel and the aforementioned examples, in electronic and/or paper form. This consent requirement applies to any perspective as well as any possibility of recording, images in any manner of design. Any kind of recording or reproduction of the hotel, its guest rooms, premises, its environment, its location, its employees, directly and indirectly, with a reference or without it, requires written consent in text form with signature by the Hotel before the creation - a fortiori - prior to use - regardless of private or business purposes, use, storage, dissemination.
3. The customer’s general terms and conditions shall only apply if this has been explicitly agreed in writing and text form in advance.
1. The Hotel’s accommodation contract, hereinafter referred to as “contract”, takes effect upon the customer’s request and the Hotel’s acceptance. The hotel is obliged to provide the rooms, premises and services booked by the customer. The customer is obliged to full payment for the rooms and the services of the Hotel used by him as well as for the service of third parties ordered by him through the Hotel in due time. The Hotel is free to confirm the reservation in writing.
2. The customer signing the contract and the Hotel are contractual partners. If a third party has ordered on behalf of the customer, such third party shall be liable to the Hotel together with the customer as joint and several debtors for all obligations under the contract.
3. Should there be any disruptions or deficiencies in the agreed services of the Hotel, the customer must report this immediately after becoming aware of it, so that the Hotel is given the opportunity to remedy the situation immediately or to immediately provide the service as agreed in the contract. The complaint must be made at the latest before departure or upon return of the premises or the room. The customer is obliged to provide evidence. The customer is obligated to contribute what is reasonable to him in order to remedy the disturbance and to keep any possible damage to a minimum. The customer is obligated to inform the hotel immediately of the possibility of any damage occurring, if necessary also in writing. The customer must keep any damage incurred by him as low as possible (duty to minimize damage).
4. The Hotel’s liability in the non-typical range is limited to deficiencies in the service that are demonstrably due to intent or gross negligence. The burden of proof rests with the aggrieved party.This applies to claims arising from warranted characteristics and culpa in contrahendo. In addition, the limitation to the respective sum insured of the Hotel's business liability, which can be viewed by the customer during office hours, shall apply.
5. Claims of the customer arising from non-performance or defective performance or reasons for any other liability of the Hotel shall become statute-barred – subject to a shorter statutory limitation period – in principle in one year from the commencement of the limitation period, to be calculated from the customer's knowledge with the signing of the Hotel accommodation contract and the day of departure or the end of the event agreed therein. This does not apply to injuries to life, body, health. In addition, the statutory provisions shall apply.
IV. Services, Prices, Due Dates and Payments, Off-Setting and Reduction
1. The Hotel is obliged to provide the services ordered by the customer and confirmed by the Hotel as well as to keep the booked guest rooms and premises ready. Booked rooms are available to the customer as of 02:00 pm CET on the agreed day of arrival. The customer has no right to earlier provision. The customer does not acquire any claim to the provision of certain rooms or certain premises, unless this has been expressly agreed in writing in advance. On the agreed departure day, the rooms are to be made available vacated no later than 11:00 am CET. Thereafter, the hotel may charge 50% of the full accommodation price for late vacating of the room for its use in excess of the contract until 02:00 pm CET and the full 100% accommodation price after 02:00 pm CET.
Reserved function rooms are only available to the customer at the time previously agreed in writing. Use of the function rooms beyond the agreed period requires the prior written consent of the hotel in text form and will be charged additionally.
2. The customer is obliged to pay the agreed prices of the Hotel for the provision of guest rooms or premises, the boathouse and other services used in due time. This also applies to services or deliveries of third parties arranged by the customer and expenses of the Hotel to third parties, in particular also for claims of copyright exploitation companies.
3. The following applies one week prior the event in the fields of private events and corporate events:
The customer must notify the hotel of the final number of participants by Wednesday of the week prior to the event. This reported number shall serve as the basis for calculation for subsequent billing, regardless of the actual number of persons.
4. The prices agreed in the hotel accommodation contract shall be shown on the invoice with the statutory value added tax applicable at the time of service.
a) In the field of private events, the hotel's offer shall state the gross total price, insofar as this can be determined at that point in time. In this process, the applicable statutory value added tax shall be charged. The hotel reserves the right to adjust the statutory tax rates, insofar as no adjustment is required by law.
b) In the field of corporate events, the offer shall state the net price plus the VAT applicable at that point in time, as well as the total net price and the total gross price. In the event of statutory changes to the tax rate, a corresponding adjustment shall be made at the time of service, which the customer shall receive in writing for signature.
c) If the period between the conclusion of the contract and the event exceeds five months, the price charged by the hotel for the services ordered to date shall increase due to circumstances such as rising inflation, increases in food prices, increased energy costs, and increased producer prices, cf. Federal Statistical Office. The hotel shall increase prices appropriately, but by no more than 12%; cf. Federal Statistical Office.
5. Should the customer subsequently make changes to his order/reservation/booking, any changes require the Hotel’s written consent in text form for legally binding effectiveness. In the event of its consent, the Hotel is entitled to adjust and increase its prices accordingly.
6. If a conference package is stipulated, this is understood to be per event day and its period and per participant, unless otherwise agreed in writing.
7. Should an event extend beyond 01:00 at night, the hotel is entitled to charge a gross night work surcharge according to the price list of the booking year. The price list is available and can be sent upon request.
8. The Hotel is entitled to demand a reasonable advance payment or security deposit at any time. The amount of the advance payment and the payment dates may be agreed in writing in the contract. If the customer is in arrears with payment, the Hotel is entitled to refuse further services.
9. Hotel bills without a due date are due and payable within 14 days from the date of invoice without deduction. Delay in payment, even with only one invoice, entitles the Hotel to stop all further and future services. The prerequisite is that the Hotel has put the customer in default by sending a first reminder, setting a deadline for receipt of payment and indicating the consequences of non-payment. Furthermore, the Hotel is entitled to call in accrued claims at any time and to demand payment without delay. In the event of default in payment, the Hotel shall be entitled to charge the statutory default interest applicable at the time. The Hotel reserves the right to prove and claim higher damages; the customer reserves the right to prove and claim lower damages.
10. The acceptance and selection of credit cards is always at the Hotel's discretion, even if the basic acceptance of credit cards is indicated by notices in the Hotel premises. The acceptance of checks, credit cards and other means of payment is always only on account of performance.
11. The customer may set off or reduce a claim of the Hotel with undisputed and legally established counterclaims. The customer shall bear the burden of proof for the due data and absence of objections of the counterclaims.
Invoice amounts exceeding € 4,000 are to be paid by bank transfer.
V. Withdrawal and Partial Withdrawal by the Customer (Revocation, Cancellation, Termination), Non-Utilization of the Hotel Services (No-Show, Failure to Appear) for Corporate Events and Private Events:
1. The customer has a right of withdrawal or a right of partial withdrawal if this has been explicitly agreed in writing in text form in the contract. The timely written receipt of the withdrawal declaration by the hotel is decisive. This also applies to any booking modules of service components of booked services of the hotel, such as cancellation of a dinner at an event in the sense of Item I.
Only if the written notice of withdrawal in text form is received in due time, no claims for payment or damages of the Hotel against the customer shall arise. According to Directive 2011/83/EU of the European Parliament, Article 16, the 14-day right of withdrawal does not apply to hotel bookings. Therefore, these conditions apply.
2. The right of withdrawal expressly agreed in text form shall expire if it is not exercised by written declaration in text form within the agreed withdrawal period. The burden of proof of the timely declaration of withdrawal lies with the withdrawing party. In all other cases, the contract remains fully effective with the consequence that the customer must pay the agreed consideration from the contract to the Hotel, less the saved expenses of the Hotel. If the booked premises and guest rooms are not rented otherwise, the Hotel may charge the contractually agreed prices up to 100 %, see clause V. No. 5, variants 1, 2, 3. It is left to the customer to prove higher saved expenses of the Hotel.
3. The provision in clause V. 2. shall apply in all cases of revocation, cancellation, no-show, and non-appearance as well as non-utilization of the ordered services, deliveries and booked premises.
4. Clause V. 2., 3. shall not apply in cases of default in performance by the hotel or impossibility of performance the Hotel is responsible for.
5. The customer's obligation to pay in the cases specified in sections V. 1., 2., and 3. extends to reasonable compensation for lost food and beverage sales as well as for lost venue and room rental fees. The hotel is free to calculate the deduction for saved expenses as a lump sum or on a specific basis. The hotel is entitled to calculate the appropriate compensation for lost food and beverage sales as well as for lost venue and room rental fees on a flat-rate basis for private events, such as banquets, and corporate events, such as conferences, as follows:
Option 1: Bookings in the field of Private Events for 40 people or more:
a) Cancellation free of charge up to 300 days prior to the start of the event.
b) Up to 270 days prior to the start of the event, all booked Hotel services can be canceled on payment of a gross processing fee of € 500.00.
c) Up to 240 days prior to the event, 50 % of all booked Hotel services can be canceled free of charge.
d) Up to 180 days prior to the start of the event, 40 % of all booked Hotel services can be canceled free of charge.
e) Up to 90 days prior to the start of the event, 30 % of all booked Hotel services can be canceled free of charge.
f) Up to 30 days prior to the start of the event, 20 % of all booked Hotel services can be canceled free of charge.
g) Up to one week prior to the start of the event, 10 % of all booked Hotel services can be canceled free of charge. Thereafter, the following applies:
The basis for calculation for the hotel in the field of private events is the gross total price as of one week, i.e. 7 days, prior the event for the number of guests that has been communicated to the hotel seven full days prior the start of the event.
h) The generalized calculation of the food and beverage sales is based on the following equation: The agreed menu price of the event x the agreed number of participants, plus a flat fee for drinks of € 40.00 gross per participant. If no price has been agreed upon for the food, the lowest priced 4-course menu, based on the currently valid proposals for banquets, plus the flat fee for drinks of € 40.00 gross per participant, will serve as calculation basis; this does not apply if a minimum turnover has been agreed, in which case the flat-rate calculation will be based on the agreed gastronomic minimum gross turnover.
i) The generalized calculation for the lost venue rental is as follows:
€ 1,350.00 gross for the Orangery
€ 1,100.00 gross for the Garden Pavilion
€ 850.00 gross for the restaurant
€ 950.00 gross for the King Ludwig Room
€ 750.00 gross for the Zenetti Room
€ 510,00 gross for the Maximilian Room,
minus a 10 % flat deduction for saved expenses of the Hotel (cleaning, etc.). If the rooms can be rented out at short notice to another party, it will be credited accordingly to the lost venue rental. It is up to the customer to prove and claim higher saved expenses of the Hotel.
Option 2: Bookings in the field of Private Events up to 40 People:
a) Cancellation free of charge up to 270 days prior to the start of the event.
b) Up to 240 days prior to the start of the event, all booked Hotel services can be canceled on payment of a gross processing fee of € 500.00.
c) Up to 180 days prior to the start of the event, 50 % of all booked Hotel services can be canceled free of charge.
d) Up to 90 days prior to the start of the event, 30 % of all booked Hotel services can be canceled free of charge.
e) Up to 30 days prior to the start of the event, 20 % of all booked Hotel services can be canceled free of charge.
f) Up to one week prior to the start of the event, 10 % of all booked Hotel services can be canceled free of charge. Thereafter, the following applies:
The basis for calculation for the hotel in the field of private events is the gross total price as of one week, i.e. 7 days, prior the event for the number of guests that has been communicated to the hotel in writing seven full days prior the start of the event.
g) The generalized calculation of the food and beverage sales is based on the following equation: The agreed menu price of the event x the agreed number of participants, plus a flat fee for beverages of € 40.00 gross per participant. If no price has been agreed upon for the food, the lowest priced 4-course menu, based on the currently valid proposals for banquets, plus the flat fee for drinks of € 40.00 gross per participant, will serve as calculation basis; this does not apply if a minimum turnover has been agreed, in which case the flat-rate calculation will be based on the agreed gastronomic minimum gross turnover.
i) The generalized calculation for the lost venue rental is as follows:
€ 1,350.00 gross for the Orangery
€ 1,100.00 gross for the Garden Pavilion
€ 850.00 gross for the restaurant
€ 950.00 gross for the King Ludwig Room
€ 750.00 gross for the Zenetti Room
€ 510,00 gross for the Maximilian Room,
minus a 10 % flat deduction for saved expenses of the Hotel (cleaning etc.). If the rooms can be rented out at short notice to another party, it will be credited accordingly to the lost venue rental. It is up to the customer to prove and claim higher saved expenses of the Hotel.
Option 3: Bookings in the field of Corporate Events:
a) Up to 18 weeks prior to the event, a cancellation is free of charge.
b) Up to the 17th to 12th week prior to the start of the event, all booked Hotel services can be canceled on payment of a net processing fee of € 500.00 plus applicable statutory VAT.
c) Up to the 11th week prior to the start of the event, 80 % net of all booked Hotel services can be canceled free of charge.
d) Up to the 10th week prior to the start of the event, 70 % net of all booked Hotel services can be canceled free of charge.
e) Up to the 09th to 08th week prior to the start of the event, 60 % net of all booked Hotel services can be canceled free of charge.
f) Up to the 07th to 04th week prior to the start of the event, 40 % net of all booked Hotel services can be canceled free of charge.
g) Up to the 03rd to 02nd week prior to the start of the event, 20 % net of all booked Hotel services can be canceled free of charge.
h) Up to one week prior to the start of the event, 10 % net of all booked Hotel services can still be canceled free of charge.
i) Up to Wednesday of the week prior to the start of the event, the following is understood:
The final number of participants provided to the hotel by the customer by Wednesday of the week before the event will be the basis for calculating the net amount plus applicable VAT for lost room rental, lost services, and lost food and beverage sales, minus a flat-rate amount of 10% for expenses saved by the hotel (cleaning, etc.). In contrast, if a minimum turnover has been agreed, the flat-rate calculation will be carried out on the basis of the agreed minimum net turnover plus applicable VAT.
In the event of short-term re-letting, this will be credited accordingly against the lost room rent. It is up to the customer to prove and claim higher savings on the part of the hotel.
6. As an alternative to variants 1, 2, 3, the following applies in the field of private events to exclusive or non-exclusive rental of the entire hotel:
a) The daily scale of a percentage-based free cancellation as in variant 1, 2, 3 lit. a) to g) or f) or h) applies.
b) The flat-rate calculation of food and beverage sales is based on the equation: the agreed menu price of the event x the agreed number of participants with a beverage flat rate of €40.00 gross per participant. In the event that no price has yet been agreed for the menu, the least expensive four-course menu from the currently valid event offer for a banquet, plus the beverage flat rate of €40.00 gross per participant, shall be used as a basis. This shall not apply in the event of an agreement on a minimum turnover, in which case the flat-rate calculation shall be based on the agreed gastronomic minimum gross turnover.
c) For the lost rental of the entire hotel and grounds, a flat-rate calculation is made in the amount of the booked exclusive package or non-exclusive package (the exclusive package/non-exclusive package includes the service charge and the booked hotel rooms), gross, minus 10% of saved expenses (cleaning, etc.), gross. In the event of cost increases in the hotel and restaurant sector between the conclusion of the contract and the provision of services exceeding a period of 4 months, the hotel shall increase its prices appropriately, up to a maximum of 10%; in the event of an increase in the VAT rate, the adjustment of the increase in the gross prices agreed up to that point will be sent to the customer in writing for signature; in the event of a reduction in the VAT rate, the hotel is free to change the gross prices without any legal obligation to do so.
d) Payment is due three weeks after receipt of the cancellation. If the hotel is able to sell the canceled period to another event, the revenue from the replacement event will be refunded to the customer in the amount of the invoice paid by the customer upon cancellation.
e) The customer is free to prove that the compensation charged by the hotel for cancellation has not been incurred or has not been incurred in the amount claimed; the hotel is free to prove that higher cancellation-related payment claims are due.
f) Services provided by third parties always have to be paid in full.
g) For claims to damages of any kind, the customer is entitled to prove lower damages; the Hotel is entitled to prove higher damages.
7. As an alternative to variant 3, the following applies in the field of corporate events for exclusive or non-exclusive rental of the entire hotel:
a) The daily scale of a percentage-based free cancellation applies up to 300 days before the event.
aa) Up to 270 days prior to the start of the event, all booked Hotel services can be canceled on payment of a net processing fee of € 500.00 plus applicable VAT.
bb) Up to 240 days prior to the start of the event, 50 % of all booked services of the Hotel can be canceled free of charge.
cc) Up to 180 days prior to the start of the event, 40 % of all booked services of the Hotel can be canceled free of charge.
dd) Up to 90 days prior to the start of the event, 30 % of all booked services of the Hotel can be canceled free of charge.
ee) Up to 30 days prior to the start of the event, 20 % of all booked services of the Hotel can be canceled free of charge.
ff) Up to one week prior to the start of the event, 10 % of all booked services of the Hotel can be canceled free of charge. Thereafter, the following applies:
The basis for calculation for the hotel in the field of corporate events is the net price plus statutory VAT as of one week, i.e. 7 days, prior the event for the number of guests that has been communicated to the hotel seven full days prior the start of the event.
b) The flat-rate calculation of food and beverage sales is based on the equation: the agreed net menu price of the event plus statutory VAT x the agreed number of participants with a beverage flat rate of €40.00 net plus statutory VAT per participant. In the event that no price has yet been agreed for the menu, the least expensive four-course menu net plus statutory VAT from the currently valid event offer plus the beverage flat rate of €40.00 net plus statutory VAT per participant shall be used as a basis. This shall not apply in the event of an agreement on a minimum turnover, in which case the flat-rate calculation shall be based on the agreed gastronomic minimum net turnover plus statutory VAT.
c) For the lost rental of the entire hotel and grounds, a flat-rate calculation is made in the amount of the booked exclusive package or non-exclusive package (the exclusive package/non-exclusive package includes the service charge and the booked hotel rooms), net plus VAT, minus 10% of saved expenses (cleaning, etc.), net plus VAT. In the event of cost increases in the hotel and restaurant sector between the conclusion of the contract and the provision of services exceeding a period of 4 months, the hotel shall increase its prices appropriately, up to a maximum of 10%; in the event of an increase in the VAT rate, the adjustment of the increase in the gross prices agreed up to that point will be sent to the customer in writing for signature; in the event of a reduction in the VAT rate, the agreed net price shall remain unchanged if there has been no price increase between the conclusion of the contract and the time of performance.
d) Payment is due three weeks after receipt of the cancellation. If the hotel is able to sell the canceled period to another event, the revenue from the replacement event will be refunded to the customer in the amount of the invoice paid by the customer upon cancellation.
e) The customer is free to prove that the compensation charged by the hotel for cancellation has not been incurred or has not been incurred in the amount claimed; the hotel is free to prove that higher cancellation-related payment claims are due.
f) Services provided by third parties always have to be paid in full.
g) For claims to damages of any kind, the customer is entitled to prove lower damages; the Hotel is entitled to prove higher damages.
VI. Cancellation, Revocation by the Hotel
1. If the customer does not pay the agreed advance payment within the period of payment and a reasonable period of grace, the Hotel is entitled to withdraw from the contract or to claim damages for default according to the assessment of damages as mentioned below by way of example and not exhaustively.
2. If the customer's right to withdraw from the contract within a certain period of time has been agreed upon in writing, the Hotel is equally entitled to withdraw from the contract within this period of time if there are requests from other customers for the contractually booked rooms and premises.
3. The Hotel is entitled to withdraw from the contract for objectively justifiable reasons, for example if:
a) force majeure or other circumstances beyond the control of the hotel make it impossible to fulfill the contract;
b) guest rooms and/or premises were booked under misleading or false statements of essential facts, e.g. concerning the person of the customer or the purpose;
c) the Hotel has reason to believe that an event could jeopardize the smooth operation of the business, the safety or the reputation of the Hotel in public, without this being attributable to the hotel's sphere of control or organization;
d) there is a violation of the scope in item I.
4. In the event of justified withdrawal by the Hotel, the customer or ordering third party has no claim for damages against the Hotel. This does not apply if the customer can prove intentional or grossly negligent conduct on the part of the Hotel.
VII. Bilateral Regulations in Case of Force Majeure (Revocation/Countermand, Cancellation, No-Show. Non-Utilization, Non-Attendance, Pandemic, Epidemic, Natural Phenomena, Plagues as well as Legal Acts of the Government)
1. Both contracting parties are entitled to withdraw from the contract free of charge for objectively justified reasons in connection with the SARS-CoV-2 pandemic and similar events or in cases of force majeure, a so-called objective impossibility, (volcanic eruption, floods, etc.), especially in the case of a complete event ban ordered by the authorities during the time of the planned and booked event.
2. Both contracting parties are entitled to postpone the event free of charge for objectively justified reasons in connection with the SARS-CoV-2 pandemic and similar events or in cases of force majeure (volcanic eruption, floods, etc.), in the event of an official complete ban on the event for the period of the planned and booked event, a so-called objective impossibility of holding the event, on the goodwill of the hotel, provided that no conflict of dates arises.
3. If the Hotel as a contractual partner is closed due to a case of force majeure and/or legal acts of the government, authorities and the booked event/meeting cannot take place, no cancellation costs will be incurred (objective impossibility). In this case, any claims for damages between the contracting parties are excluded.
4. In the event that due to force majeure, governmental acts, etc. an officially regulated number of participants for events is ordered, such as during the SARS-CoV-2 pandemic, or other official regulations are issued for the number of participants and/or the character of the celebration, etc., the event will take place under the officially ordered conditions (partial objective impossibility).
5. The calculation basis for guest rooms, premises, food and beverage sales is based on the official requirements regarding the number of participants and, if applicable, distance requirements or, if applicable, an overnight ban in the case of partial objective impossibility in No. 4. The customer will not be charged for reductions ordered by the authorities.
6. In the event that a planned and booked event cannot take place due to illness in the person, SARS-CoV-2 pandemic illness in the person or other reasons and causes for non-appearance etc. lying in the person of the organizer, the so-called subjective impossibility, the aforementioned cancellation conditions apply in principle. It is left solely to the Hotel, without recognition of a legal obligation on the part of the Hotel, to offer the affected customer a postponement of the planned and booked event, if necessary by way of a goodwill arrangement in text form; there is no obligation to do so on the part of the hotel.
7. In the event that one of the contracting parties has services or obligations towards or from a third party, recourse to the other contracting party is excluded.
VIII. Changes to the Number of Participants and the Time of the Event
1. Any change of the contractually agreed number of participants must be notified to the Hotel in writing and text form; it requires the Hotel’s written consent in text form. In the event of a stated “approximate number”, this stated approximate number shall be deemed to be an absolute number. Item IV. 3. shall apply to information provided by Wednesday of the week prior to the start of the event.
2. In case of an upward deviation of the number of participants, the actual number of participants will be charged.
3. In case of a deviation of the number of participants by more than 15 % within four months and 1 day, the Hotel is entitled to renegotiate the agreed prices. The contract shall be updated to that effect by addendum in text form.
4. If the agreed start or end times of the event change and the Hotel agrees to these deviations in writing in text form, the Hotel may charge an appropriate fee for the additional commitment of the staff members.
IX. Self-Supply of Food and Beverages
The customer is generally not allowed to bring food and beverages to events. Exceptions require a prior written agreement with the Hotel in text form. In these cases, a reasonable contribution to cover overhead costs will be charged. The customer shall bear full liability for any food and beverages brought to the Hotel and shall indemnify the Hotel from any claims against third parties. The Hotel's claim for indemnification shall be confirmed declaratively in text form by the customer without delay.
X. Technical Equipment and Electrical Connections
1. Insofar as the Hotel provides technical and other equipment from third parties for the customer at the customer's instigation, it acts on behalf of, with authority from and for the account of the customer. The customer is liable for the proper and careful handling and the complete, proper return. The customer indemnifies the Hotel against all claims of third parties arising from the procurement and provision of these facilities.
2. The use of the customer's own electrical or other equipment, while using the Hotel’s power grid or other power networks, requires the Hotel’s prior written consent in text form. Malfunctions or damage to the Hotel's technical equipment due to such use shall be borne exclusively by the customer. The customer shall pay for such restoration or repair or new acquisition as well as all associated costs to the Hotel. The Hotel may reasonably record and charge a lump sum for the electricity costs and other costs incurred as a result of such use, unless otherwise agreed in writing. If facilities of the Hotel remain unused, the Hotel shall be entitled to charge a reasonable flat-rate compensation for loss of use.
3. The customer is entitled to use his own telephone, fax and other data transmission equipment with the prior consent of the Hotel in text form, stating the exact equipment of the customer. The Hotel may charge a connection fee at a reasonable flat rate. If suitable equipment of the Hotel remains unused due to the connection of the customer's own equipment, the Hotel may charge an appropriate flat-rate loss/provision fee.
4. Disruptions to the technical or other facilities provided by the hotel shall be remedied without delay. The customer shall notify the Hotel immediately of any disruptions. Payment obligations of the customer may not be withheld or reduced, unless the customer can prove that the Hotel is responsible for these disruptions intentionally or through gross negligence.
XI. Customer’s Liability for Damages
1. The customer is liable for all damage to buildings and inventory originating from his area of risk, in particular his participants, his visitors, his employees, third parties from his sphere of control and/or organization internally and externally as well as caused by himself. Costs for final cleaning that exceed the normal amount of waste, degree of soiling and soiling radius of the booked room and use of the room will be charged at € 100.00 gross per hour depending on the duration of the service. The hotel will document the soiling before cleaning as proof.
Expenses for glass and porcelain breakage will be charged per glass or porcelain item, especially in the case of intentional breakage, on the basis of the replacement costs.
2. Smoking is strictly prohibited in the rooms, guest rooms and premises. Any violation of the smoking ban will be charged with a gross lump sum of at least 500.00. Any further damage, such as fire damage, will be charged in the amount of the actual damage repair and/or, if applicable, the purchase of new equipment.
3. The Hotel is entitled to require the customer to provide adequate collateral in advance by way of insurance, warranty, etc.
4. If the ordering or booking customer himself is not an organizer or if a commercial lessor or organizer / contact person or other third party is engaged by the organizer, the organizer or other third party shall be jointly and severally liable with the customer for all obligations, statutory conditions and requirements, payment and liability claims as well as claims for damages arising from the contract.
XII. Loss or Damage of Items Brought to the Hotel
Items brought by the customer and third parties of any kind and also personal items are located in the Hotel’s event rooms, guest rooms and premises at the customer's own risk. The Hotel does not assume any guarding or safekeeping obligation. The items intended for the event are to be brought in no earlier than two days prior to the start of the event. Acceptance shall be deemed to have been effected only upon confirmation by the Hotel in text form. Any exceptions to clause XI. require the Hotel’s prior agreement and written consent in text form. The customer is solely responsible for the insurance and protection of any items brought into the Hotel. The Hotel is expressly not liable for lost and/or damaged items of the customer or lost envelopes of the customer, or lost monetary gifts of the customer.
3. If the dispute about a consumer contract by the entrepreneur and the consumer could not be settled by mediation and / or other alternative dispute resolution failed and court proceedings are sought, it is agreed, to the extent permitted by law, that the sole place of jurisdiction is Starnberg or Munich. German law shall apply.
4. Place of performance and payment is the Hotel, municipality of Pöcking am Starnberger See, district of Niederpöcking, Germany.
XIII. Declaration of Protection Regarding the Scientology Organization
1. The Bavarian State Government has declared in its announcement of 9 October 1996 No. 476-2-151 that the Scientology organization in all its manifestations is an association that pursues economic goals under the guise of a religious community and subjects individuals to internal and external control by means of psycho- and socio-technological methods in order to instrumentalize them for its goals; see full announcement.
2. The Hotel and its entire team is not an active or passive member of Scientology or a follower or sympathizer of this organization or a front organization. The hotel and its team have never been trained in the technology of L. Ron Hubbard and will not be trained in the future. The hotel has never worked or wanted to work according to the technology of L. Ron Hubbard and it remains so. The hotel implements the recommendation of the Bavarian State Government to effectively counter this danger by issuing declarations of protection. The declarations of protection are particularly relevant for companies in the fields of management consulting, personnel and management training, further education and lecture events, software consulting and project development. Ultimately, the hotel is entitled to demand such a declaration of protection in the event of any suspicion. If the declaration is not submitted or a knowingly false declaration is submitted, the hotel is entitled to terminate the hotel contract for good cause without notice. The customer has no claims for damages, reimbursement of expenses or other claims arising from the hotel contract. The hotel reserves the right to take further action.
XIV. Declaration of Sect Exclusion
1. The Hotel, i.e. EKT GmbH, called LA VILLA, with its special premises in a unique location on Lake Starnberg, aims to offer and organize unforgettable events and celebrations for its guests at the highest level.
2. There are groups, such as sects, that actively manipulate, abuse and hurt people. There are also people who, out of ignorance or half-knowledge, equate sects with personal training.
3. The Hotel and its entire team is not an active or passive member of a sect or a sect front organization. All sectarian ideas are rejected.
XV. Mediation Clause, Consumer Arbitration, Place of Jurisdiction, Place of Payment and Performance
1. In the event of a dispute, we prefer settlement by way of a mediation procedure. The mediation procedure is regulated by law and offers the possibility of a self-determined solution with the support of an impartial mediator. Mediation always offers the added value of a sustainable and lasting solution that guarantees a friendly reunion. Out of appreciation for you, our guests, we therefore favor this dispute resolution instrument.
2. We participate in a dispute resolution procedure at the consumer arbitration board. The responsible consumer arbitration board is:
Name: Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V
Address: Straßburger Str. 8, 77694 Kehl
Website: www.verbraucher-schlichter.de.
XVI. Miscellaneous, Form of Correspondence, Severability Clause, Inclusion
1. Photographic images of the Hotel, its interior or exterior, premises and surroundings may only be taken with the Hotel’s prior consent and after the individual use and purpose has previously been set out in writing. Depending on the type of use, the Hotel will appropriately calculate the prices.
2. The use of drones and flying objects of any kind is generally prohibited. Permission will only be granted by the Hotel if a prior agreement has been concluded between the customer and the Hotel in text form in accordance with the statutory provisions. Reference is made to the separate "Agreement on the Use of Drones on the Premises of Hotel La Villa". This agreement is constitutive.
3. Newspaper advertisements with references to the customer's venue, third parties, vicarious agents of the customer, etc. may only be placed with the prior consent of the Hotel.
4. Amendments and supplements to the contract must be made in writing in order to ensure legal certainty for both parties. Unilateral changes are invalid. Verbal agreements are to be confirmed in principle for mutual legal certainty.
5. Should individual provisions of the contract/these terms and conditions be invalid, this shall not affect the validity of the remaining provisions. The parties may replace ineffective provisions by such provisions that come close to the parties' intent and economic purpose, alternatively by case law, alternatively by law.
6. Upon conclusion of the contract, these Terms and Conditions shall become an integral part of the contract by being attached to and referred to in the Hotel's quotation, or in the conclusion of the contract, or by the customer's written confirmation of the reservation, or by being posted and displayed at the reception desk.
We prepared our General Terms and Conditions with the utmost diligence. Regular review and updating is carried out on an ongoing basis and according to current occasions.
Please do not hesitate to contact us if you have any queries or suggestions.
Please find our detailed Data Protection Policy on https://www.lavilla.de/datenschutz/.
Valid as of January 01, 2026
