General terms and conditions

§ 1 Scope

These general terms and conditions (GTC) apply to all contracts concluded with MADISON Hotel GmbH, Hamburg, for the temporary rental of hotel rooms and event rooms as well as all related services. The contractual partner's terms and conditions are only valid if MADISON Hotel GmbH agrees to them in writing.

§ 2 Conclusion of contract

1) Offers from MADISON Hotel GmbH are always non-binding. A contract is only concluded through a declaration of acceptance/booking confirmation from MADISON Hotel GmbH. This can also be done verbally or by telephone.

2) The contractual partner of MADISON Hotel GmbH is the respective customer. If the customer acts on behalf of a third party, the customer will only be released from liability if the third party confirms the order to MADISON Hotel GmbH in writing and MADISON Hotel GmbH has agreed in writing to assume this cost.

§ 3 Prices, Payment, Offsetting

1) The prices agreed for the services of MADISON Hotel GmbH include the respective statutory sales tax. In the event of an increase in the statutory sales tax, MADISON Hotel GmbH is entitled to adjust the agreed prices accordingly without the separate prior consent of the contractual partner.

2) Prices are shown in euros and are to be paid by the contractual partner in euros. In the case of foreign means of payment, exchange rate fluctuations, bank charges and all other additional costs and expenses are borne by the business partner.

3) MADISON Hotel GmbH is entitled to increase the contractually agreed price retrospectively by a maximum of 10% if more than four months elapse between the conclusion of the contract and the contract fulfillment and the price generally charged by MADISON Hotel GmbH for such services has increased by at least the same amount.

4) If the contractual partner subsequently changes his booking (e.g. change in the number of rooms booked, change in the length of stay, change in the number of guests per room, etc.), MADISON Hotel GmbH is no longer bound to the originally agreed price, but can change it.

5) MADISON Hotel GmbH is entitled to demand an advance payment and an appropriate security deposit both upon conclusion of the contract and thereafter. In any case, 50% of the agreed price is considered appropriate.

6) For new customers, groups, events or contractual partners who do not have a residence or registered office in Germany, MADISON Hotel GmbH can demand a security deposit in the full amount of the price.

7) If the total of MADISON Hotel GmbH's outstanding payment claims for services already provided exceed an amount of EUR 250.00 or if services are used for a period exceeding one week, MADISON Hotel GmbH is entitled to settle accrued amounts with interim invoices.

8) Claims of MADISON Hotel GmbH must be paid immediately upon presentation of the invoice in cash and without deduction of any discount. This also applies to interim invoices or invoices for advance payments and security deposits.

9) Set-off against claims of MADISON Hotel GmbH can only be declared with undisputed or legally established claims. The same applies to the assertion of retention rights by the contractual partner.

§ 4 Hotel rooms - provision, handover and return

1) Hotel rooms are provided exclusively for accommodation purposes and exclusively to the contracting party or the guest. Without the prior written consent of MADISON Hotel GmbH, the contracting party is prohibited from making rooms available to other persons or using them for purposes other than accommodation. If the contracting party is not a consumer, Section 540 Paragraph 1 Sentence 2 of the German Civil Code does not apply. Refusal of consent does not entitle the contracting party to terminate the contract.

2) The contracting party does not acquire any right to the provision of a specific room. Nor does he have any right to have a say in the occupancy of the other hotel rooms and premises.

3) Reserved rooms will be available from 3:00 p.m. on the agreed arrival day.

4) On the agreed departure day, the rooms must be vacated by MADISON Hotel GmbH by 12:00 noon at the latest.

After that, the hotel can charge 50% of the full accommodation price (list price) for the additional use of the room up to 3:00 p.m., and 100% from 6:00 p.m., in addition to the damage incurred.

§ 5 Hotel rooms - withdrawal / cancellation by the contractual partner

1) The contracting party is obliged to pay the full contractually agreed price even if they do not use the services of MADISON Hotel GmbH. However, MADISON Hotel GmbH must take into account what it saves as a result of the contracting party not using the service. The amount of these saved expenses is a flat rate of 20% of the contractually agreed price. However, both contracting parties are free to prove a different amount. Irrespective of this, MADISON Hotel GmbH must take into account what it acquires as a result of using its services for other purposes. In this context, it is obliged to offer the service again in the usual way as part of its entire range of services, although it may give priority to providing its other services.

2) The regulation in paragraph 1) also applies in the event that a contracting party leaves early. He must pay the agreed price for the contractually agreed nights that he did not use in accordance with paragraph 1).

3) Deviating from clause 1), the contracting party may withdraw from the contract / cancel the booked rooms in compliance with the following deadlines and conditions:

a) Booking outside the trade fair period

Booking of 1 to 3 rooms: 100% of the booked nights if the withdrawal / cancellation is made until 6 p.m. the day before the day of arrival

Booking of 4 to 9 rooms: 100% of the booked nights if the withdrawal / cancellation is made until 6 p.m. on the seventh day before the day of arrival

Booking of 4 to 9 rooms: 25% of the booked nights if the withdrawal / cancellation is made until 6 p.m. the day before the day of arrival

b) Booking during the trade fair period

Booking of 1 to 3 rooms 100% of the booked nights if the withdrawal / cancellation is made until 6 p.m. of the third day before the day of arrival

Booking of 4 to 9 rooms 100% of the booked nights if the withdrawal / cancellation is made until 6 p.m. on the twenty-first day before the day of arrival

Booking of 4 to 9 rooms 50% of the booked nights if the withdrawal / cancellation is made until 6 p.m. on the fourteenth day before the day of arrival

Booking of 4 to 9 rooms 25% of the booked nights if the withdrawal / cancellation is made until 6 p.m. on the third day before the day of arrival

4) The contractual partner can find out the time frame when it is “outside the trade fair period” and when it is “trade fair period” on the MADISON Hotel GmbH website before making his booking. A corresponding note will also be included on the booking confirmation, provided this is made in writing.

§ 6 Event rooms - provision, number of participants, use

1) Event rooms are provided exclusively for the purpose of holding events such as banquets, seminars, conferences, exhibitions and presentations by the contracting partner. Without the prior written consent of MADISON Hotel GmbH, the contracting partner is prohibited from making event rooms available to other persons or using them for purposes other than those mentioned above. If the contracting partner is not a consumer, Section 540 Paragraph 1 Sentence 2 of the German Civil Code does not apply. Refusal of consent does not entitle the contracting partner to terminate the contract.

2) MADISON Hotel GmbH is entitled to allocate to the contracting party a different event room than the one contractually agreed upon if this is reasonable for the contracting party. This is particularly the case if the new event room is comparable to the original event room in terms of capacity and equipment, but is in any case equally suitable for holding the event.

3) The event rooms are only available to the contracting party at the times agreed in writing. Use outside of the agreed times can be prohibited by MADISON Hotel GmbH. If MADISON Hotel GmbH does not prohibit use, it can charge for the use separately.

4) The contracting party is obliged to provide the exact number of participants no later than three working days before the event. A reduction in the number of participants of up to 10% will be accepted by MADISON Hotel GmbH for billing purposes. If the reduction is more than 10%, the number of participants originally provided will be used as the basis, less 10%. If the number of participants deviates upwards, the actual number of participants will be used as the basis for billing purposes.

5) In the event of a deviation of more than 10% in the number of participants, MADISON Hotel GmbH may change the menu selection. The contracting party must be informed of this immediately.

6) The contracting party is prohibited from bringing his own food and drinks to the events unless a separate written agreement is made to this effect.

7) The contracting party must ensure that any waste generated during or as a result of the event is disposed of properly. MADISON Hotel GmbH is entitled to charge the contracting party for the costs of disposing of any remaining waste and the associated cleaning of the rooms.

8) Publications by the contractual partner in which the MADISON Hotel is referred to as the venue require the prior consent of MADISON Hotel GmbH.

§ 7 Event rooms - decoration, technical equipment, music

1) MADISON Hotel GmbH can procure technical equipment and other facilities from third parties on behalf of the contracting partner. In such a case, MADISON Hotel GmbH acts on behalf of and at the expense of the contracting partner. The contracting partner is liable for the proper treatment and return. He releases MADISON Hotel GmbH from all claims by third parties arising from the provision and use of these facilities.

2) The contracting party is prohibited from attaching decorative material or other objects or bringing technical equipment without the prior written consent of MADISON Hotel GmbH. The contracting party is liable for any damage to the furnishings or inventory during assembly and dismantling as well as during the event for which MADISON Hotel GmbH is not responsible.

3) MADISON Hotel GmbH may require that technical and/or electrical systems installed by the contractual partner be approved by the TÜV and that the contractual partner submits a technical test certificate before commissioning the technical and/or electrical system.

4) The contracting party guarantees that the items he brings in comply with the public law regulations, in particular the fire safety requirements.

5) If music is used during an event, the contracting party must register the event with GEMA as required. MADISON Hotel GmbH is released by the contracting party from all claims arising from unauthorized use of the rights of GEMA or third parties.

§ 8 Event rooms - Liability of the contractual partner

1) The contracting party is liable for all damage caused by participants in his event. He is also liable for all damage caused by third parties commissioned by him.

2) If and to the extent that the contracting party employs employees of MADISON Hotel GmbH to attach decorative material, connect technical equipment or carry out other activities that serve the preparation or implementation of the event, then these employees are acting within the scope of the contracting party's duties and are its vicarious agents/auxiliaries. The contracting party is liable for any damage caused by employees of MADISON Hotel GmbH in such a case.

§ 9 Event rooms - Withdrawal / Cancellation by the Contracting Party

1) The contracting party is obliged to pay the full contractually agreed price even if they do not use the services of MADISON Hotel GmbH. However, MADISON Hotel GmbH must take into account what it saves as a result of the contracting party not using the service. The amount of these saved expenses is a flat rate of 10% of the contractually agreed price. However, both contracting parties are free to prove a different amount. Irrespective of this, MADISON Hotel GmbH must take into account what it acquires as a result of using its services for other purposes. In this context, it is obliged to offer the service again in the usual way as part of its entire range of services, although it may give priority to providing its other services.

2) By way of derogation from point 1), the following shall apply:

Cancellation free of charge up to 3 months before the start of the event

Cancellation up to 4 weeks before the start of the event 30% of the agreed price

Cancellation up to 1 week before the start of the event 50% of the agreed price

Cancellation up to 49 hours before the start of the event 75% of the agreed price

Cancellation from 48 hours before the start of the event 90% of the agreed price

The above cancellation costs already include the saved expenses of 10% according to point 1 above).

§ 10 Withdrawal of MADISON Hotel GmbH

1) If MADISON Hotel GmbH grants the contracting partner the right to withdraw from the contract free of charge within a certain period of time, then MADISON Hotel GmbH can also withdraw from the contract within the same period of time. MADISON Hotel GmbH's right of withdrawal expires if the contracting partner waives his right of withdrawal.

2) MADISON Hotel GmbH may also withdraw from the contract if the contractual partner fails to make an advance payment or provide security within the time limit.

3) Finally, MADISON Hotel GmbH is entitled to withdraw from the contract if there is an objectively justified reason for doing so. Such an objectively justified reason can be assumed, for example, in the following circumstances, whereby the following list is not exhaustive:

a) Force majeure or other circumstances beyond the control of the hotel make the performance of the contract impossible;

b) The booking of rooms or event spaces was made by providing misleading or false material facts, e.g. regarding the purpose of use or the identity of the contractual partner or the guest;

c) There are circumstances that give reasonable grounds to believe that the use of the hotel service may endanger the smooth running of the business, the security or the public reputation of MADISON Hotel GmbH;

d) There are circumstances that give reasonable grounds to believe that the purpose or reason for the guest's stay or the holding of the event is unlawful;

e) The room or event space is sublet or made available to third parties;

f) Insolvency proceedings have been opened or an application has been made for insolvency proceedings against the contractual partner’s assets.

4) In the event of withdrawal by MADISON Hotel GmbH for one of the reasons stated in paragraphs 1) to 3), the contracting party shall have no claims for damages or other claims.

§ 11 Liability of MADISON Hotel GmbH and Limitation Period

1) The liability of MADISON Hotel GmbH is limited to intent and gross negligence. This does not apply to the violation of essential contractual obligations and to damages resulting from injury to life, body or health. In these two cases, MADISON Hotel GmbH is also liable for simple negligence. An essential contractual obligation exists if its fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner regularly relies and may rely.

2) In the event of negligent breach of a material contractual obligation, liability is limited to the damages that were foreseeable and typical for the contract at the time the contract was concluded.

3) Valuables (e.g. money, jewelry, fur coats, valuables, etc.) should be kept at reception. With regard to valuables kept at reception, the liability of MADISON Hotel GmbH is governed by the storage contract that must then be concluded separately. In all other cases, MADISON Hotel GmbH is liable in accordance with the statutory provisions (§§ 701 to 704 BGB). According to this, liability is limited to one hundred times the accommodation price for one night, but to a maximum amount of EUR 3,500.00, whereby the maximum liability amount for money, securities and valuables is EUR 800. If the contracting party fails to immediately report the loss or destruction/damage of his property to MADISON Hotel GmbH, this leads to a loss of his right to compensation (§ 703 S. 1 BGB).

4) Messages, mail and goods for guests are handled with care. The hotel is responsible for delivery, storage and, if requested, forwarding of the same for a fee. This is not an essential contractual obligation of MADISON Hotel GmbH. The above statements under points 1) and 2) apply to claims for damages.

5) Wake-up calls are carried out by MADISON Hotel GmbH with the utmost care. However, no liability is accepted for incorrect or unexecuted wake-up calls.

6) During events, objects and materials that are located in rooms accessible to the contracting party and in the event room are deemed not to have been brought in, unless they are in the care of an authorized person. MADISON Hotel GmbH accepts no liability for the cloakroom and valuables of participants in events.

7) The limitation period for all claims of the contractual partner, unless they are based on injury to life, body or health, shall be six months.

8) The above provisions under numbers 1) to 7) shall also apply to MADISON Hotel GmbH in the case of non-contractual and statutory claims.

§ 11 Dispute Settlement Procedure

1) In accordance with EU Regulation No. 524/2013, reference is made to the EU online dispute resolution platform at https://ec.europa.eu/consumers/odr/.

2) MADISON Hotel GmbH is not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.

§ 11 Final Provisions

1) Changes or additions to the contract, the acceptance of the application or these General Terms and Conditions must be made in writing. This also applies to this written form requirement.

2) The place of performance and payment as well as the place of jurisdiction is the registered office of MADISON Hotel GmbH, Hamburg.

3) The law of the Federal Republic of Germany applies. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.

4) Should individual provisions of these General Terms and Conditions be or become invalid or void at a later date, this shall not affect the validity of the remaining provisions.