Terms and conditions of the IBZ St. Marienthal Betriebs-GmbH (IBZ)

  1. General terms and conditions (AGB)

These General Terms and Conditions of Business apply to all contracts concluded with the IBZ. This includes in particular binding registrations and reservations for services offered by the IBZ on the basis of the current price list. Other terms and conditions than those of the IBZ will not be part of the contract, even if the IBZ does not explicitly contradictthem.

Accommodation contracts are not only subject to §§ 701 ff. BGB, the general law of obligations and the regulations of the general tenancy law of the BGB are to be applied to accommodation contracts. The contract can not be unilaterallydissolved.

Services and tariffs are freely determined by the management of the IBZ and can be modified after the conclusion of the contract if the period between the conclusion of the contract and the provision of the services is more than four months.

The contractual partner does not acquire any claim to the provision of specific rooms or other spaces. If agreed rooms are not available, the IBZ will try to provide equivalent replacement in the house or in other objects. If necessary, the contractual partner must accept a reasonable waiting period for this purpose.
Reservations are binding for both contractual parties. A withdrawal can only be made in agreement with the IBZ and under consideration of the regulations in paragraph 10 of these terms and conditions. Changes to the proportional VAT rate are at the expense of the client, regardless of the time of the conclusion of the contract.
The IBZ can make any order acceptance, reservation or such services, which are to be provided only at a time interval to the underlying conclusion of the contract, dependent on the partial payment of the amounts owed with regard to theprovision of services.
Reserved rooms are available to the contractual partner from 15.00 hours on the day of arrival. Unless a later time of arrival has been expressly agreed, the IBZ reserves the right to allocate ordered rooms after 19.00 o’clock otherwise. On the day of departure, the rooms must be vacated by 10.00 a.m., unless expressly agreed otherwise. This also applies to seminar and function rooms.

If the ordering party is not the organiser at the same time or if he orders at the expense of another party, both are liable as joint debtors.

Invoices are to be paid immediately and without deduction of discount in the manner agreed in the binding registration. In case of delayed payment, the IBZ is entitled to charge default interest of 5% above the discount rate of the Deutsche Bundesbank, unless a damage caused  by delay in another amount is proven. The contract partner can only offset against the counterclaim against the IBZ to the extent that his claims are undisputed or legally established.

If a customer does not accept contractual services which he ordered or reserved in advance, he remains obliged to pay the agreed price in the following amount:

  • For a cancellation between the 60th  and the 6th day before the agreed service period, 30% of the ordered services will be charged,
  • for a cancellation between the 5th and 1st day before the agreed service period 80% of the ordered services will be charged,
  • for a non-arrival without cancellation 90% of the ordered services will be charged in relation to the agreed price Refunds for services not or not completely accepted by the contractual partner will not be made.
Objects or materials left in generally accessible rooms of the IBZ, in the technical facilities and in the functional rooms (seminar rooms) of the IBZ are not considered to have been brought in, if they have not been expressly taken into care by a person authorised to do so. Valuables such as jewellery, fur coats and money must be deposited at the guest reception. For this purpose, a special safekeeping contract must be concluded with an authorised person. Liability is excluded for valuables not deposited. In rooms, liability extends beyond this only to those objects and materials brought in by the person entitled under the lodging contract. The liability of the IBZ is limited to a maximum of 2.500,- € except in cases of intent or gross negligence.

In the generally accessible areas of the IBZ, the consumption of food and drinks brought along is prohibited.

The contractual partner undertakes not to commit any legal infringements when using the WLAN and in particular not to illegally copy, distribute or make accessible any goods protected by copyright.

If the business or the security of the IBZ or its guests is endangered by a contracting party, the IBZ can cancel thecontract. This is also valid in case of force majeure and other unforeseeable, extraordinary and non- culpablecircumstances, if the performance of the IBZ is impossible, unreasonable or without interest for the contract partner.

The bringing and keeping of animals in the rooms of the IBZ is prohibited. Unless otherwise agreed in writing.

The contractual partner is obliged to report any defects immediately to the IBZ. Claims of the contractual partner are to be asserted within one month after the contractually intended termination of the service provision against the IBZ. After the deadline has expired, the contractual partner can only assert claims if he was prevented from meeting the deadline through no fault of his own. Claims of the contractual partner are subject to a limitation period of six months. The statute of limitations begins with the day on which the performance of services should be terminated according to the contract. If the contractual partner has asserted claims at the IBZ, the statute of limitations is suspended up to the day on which the IBZrejects the claims in writing.
The guests agree with the admission and storage of their data. The IBZ commits itself to use these data exclusively for its own administration.

Place of jurisdiction for all disputes between the parties arising from the contractual relationship is Görlitz.

  1. Additional regulations for seminars

If the guest organiser separately informs the IBZ of the number of seminar participants no later than 14 days before the start of the event, a 10% deviation in the number of participants is accepted. If this maximum deviation is exceeded or ifthe guest organiser fails to notify the IBZ of the number of participants, point I. of the GTC shall apply accordingly in the event that the number of participants is not reached. In the event that the number of participants is exceeded, the organiser shall pay the IBZ for any additional expenses incurred as a result separately.

The guest organiser is not permitted to bring food and drink to the event if it is not the subject of the seminar and serves demonstration purposes. In special cases (national specialities etc.) a different agreement can be made in writing. In these cases, a service fee or “corkage fee” to be determined in the agreement will be charged.

The attachment of decoration material or other objects is prohibited without prior written consent of the IBZ. The guest organiser is liable for damages to the equipment or the inventory, which are caused during assembly or disassembly, as well as during the event by event participants or visitors, employees, other third parties  from his area or himself and which are not the responsibility of the IBZ. The guest organiser is recommended to take out an insurance for damages which the IBZ is not responsible for.

If music is used during the event, the guest organiser must register the event with the GEMA if necessary. The IBZ will be indemnified by the guest organiser in respect of all claims arising from the unauthorised use of the rights of GEMA or third parties.

The IBZ reserves the right to cancel events if the number of registrations is too low or for other justifiable reasons. Already paid participation fees will be refunded without deduction. A further claim for damages is excluded.

A basic insurance claim of the participants by the IBZ does not exist.

III. Dispute settlement

The IBZ St. Marienthal Betriebs-GmbH has undertaken to take part in dispute settlement proceedings before the following consumer arbitration board:

General consumer conciliation office of the Zentrum für Schlichtung e. V.

Contact us: Straßburger Str. 8, 77694 Kehl

Phone: +49 7851 79579 40 Telefax: +49 7851 79579 41

Internet: www.verbraucher-schlichter.de

E-Mail: mail@verbraucher-schlichter.de

St. Marienthal, 11.12.2019

The managing director