General terms and conditions

§1 Scope

1.  These General Terms and Conditions of business (GTC) apply to contracts for the rental of restaurant, hotel rooms and function rooms as well as for all further services and deliveries by east Hotel & Restaurant GmbH (hereinafter called “east”) and in connection herewith.

 

2. The subletting of the hotel rooms, function areas / rooms is generally not permitted and requires the prior written consent of east.

 

3. The customer’s Terms of condition shall apply only if these are previously explicitly agreed upon in written form.

 

§2 Conclusion of contract, parties, statute of limitations

1. East offers are always non-binding.

 

2. The contract becomes effective only upon acceptance and written confirmation of east. All agreements have to be in written form.

 

3. An agreement with respect to products and services is only binding for east, if the agreement has been confirmed in written form by both sides.

 

4. The contractual partners are east and the customer. If a third party places the order on behalf of the customer, then that party, together with the customer, shall be jointly and severally liable for any contractual obligations upon presentation of the thirds party’s statement.

 

5. East is liable with the diligence of a prudent businessman regarding its contractual obligations. Claims of the customer for reimbursement of damages are precluded except for those of such which result from death, injury to body or health when east is responsible for a breach of contract, as well as any other damages resulting in the east’s deliberate or negligent violation of a term that is typical for the contract. A breach of obligation of the east is deemed to be the equivalent to a breach of a statutory representative or vicarious agent. Should disruptions or defects in the performance of the east occur, the east shall act to remedy such, upon knowledge thereof or upon objection by the customer made without undue delay. The customer shall be obliged to undertake actions reasonable for him to eliminate the disruption and to keep any possible damage to a minimum.

 

6. Any claims against east shall generally be time-barred 1 year after the commencement of the general statute of limitations period. Damage claims shall be time-barred after 5 years, independent of knowledge. The reduction of the statute of limitation periods shall not apply for claims which are based on an intentional or grossly negligent breach of obligation by east.

 

7. With signing of the agreement you approve that your data will be used for sending you information about east. We do not pass your personal data to third parties. The future receipt of this information can be stopped anytime under sales@east-hamburg.de.

 

§3 Invoices, deposits, accomplishments, fees and allowance

1. The customer is obliged to pay the agreed east prices for all services. This also applies to services and expenses that he requests the east to make against third parties.

 

2. All prices include the currently applicable sales tax of 19%. The reduced tax rate of 7% applies to the serving of food until December 31, 2022. Room rates include the statutory sales tax of 7% on accommodation. Any subsequent increases of VAT or other taxes are to be borne by the customer. Should the period between the conclusion of the contract and its fulfillment exceed 4 months, and should the price calculated by east for these services rise, then the contractually agreed price may be increased proportionally by east. 

 

3. Invoices of east without a payment date are payable in full within 10 calendar days of receipt. The east is entitled to demand outstanding payments at any time, and to require immediate payment. In the event of default in payment, east is entitled to demand the respectively applicable statutory default interest in the amount of currently 8.12% or, in the case of legal transactions in which a consumer is involved, in the amount of 4.12% above the base rate.. East reserves the right to provide proof of loss or damages.

 

4. Delay of payment with only one invoice authorizes east to cease all further and future services for the customer. Precondition for ceasing all services is the sending of dunning letters with terms and possible results. For every dunning letter a further € 10,- will be charged.

 

5. If the deposit, which is payable prior to the event, is not paid, east is entitled to refuse the offered services and to claim for compensation for the hitherto existing damage.

 

6. Deposits: Up to a total sum (gross) of EUR 2500,00 a credit card number with expiry date must be declared until 7 days prior to the beginning of the event. East is authorized to check the validity of the credit card and to reserve the amount due. For events with a total sum of more than EUR 2500,00, 100% of the agreed, expected revenue shall be transferred into the east bank account including a down payment invoice until 25 days prior to the beginning of the event at the latest. Validity date of transfer is deciding.If 21 days prior to the date of arrival no deposit has been received, the rooms will be released for sale. All rooms that cannot be re-sold are due to a cancellation fee of 80%.

 

7. Basically, invoices shall be paid at once in cash or via credit card. East is entitled to refuse currencies, cheques or credit cards. Vouchers from travel agencies will only be accepted, if a credit agreement with the travel agency exists and if a deposit was made. A reimbursement of unused accomplishments or vouchers is excluded.

 

8. Confirmation – the customer is asked to confirm an individual consumption receipt with their signature. Without signature, the unsigned receipt serves as basis of calculation without right of objection.

 

9. East pays commission for all bookings made through a registered agent. Commission is only paid on rates which are stated as commissionable by east in advance. Commissions paid to travel agents are to be negotiated in advance and are paid on the room rate excl. breakfast/meals, tax and service charges. Payments are made directly by east or via WPS, a special provider.

 

§4 GEMA (Society for Musical Performing and Mechanical Reproduction Rights)

1. All events subject to GEMA fees (dutiable in Germany) shall be registered by the customer with GEMA in advance. All GEMA fees are to be borne by the customer. The customer shall exempt east from all claims asserted by GEMA.
§5 Use of motives for film and photographic recordings1. Commercial film and photographic recordings, recordings for public display of broadcast and recordings not exclusively for private purposes require the prior written consent of the east and are subject to costs. The precise conditions are to be regulated in a separate contract for the right to use east’s motives.
 

§6 Cancellations, numbers of guests and rescission

1. Cancellations must be made in written form.  

 

2. Reservations, which are authorized by the customer, are binding for both contracting parties. In case of a cancellation, the customer has to pay the following compensation:

• no cancellation fee 90 days or more prior to arrival 

• 50% cancellation fee of the anticipated turnover until 45 days prior to arrival

• 70% cancellation fee of the anticipated turnover until 30 days prior to arrival

• 90% cancellation fee of the anticipated turnover until 10 days prior to arrival  

• 100% cancellation fee of anticipated turnover 0-9 days prior to arrival 

 

3. Cancellation policy and extraordinary compensation agreements regarding weddings, dance events as well as events and reservations during trade fairs and public events in the city of Hamburg

• no cancellation fee 180 days or more prior to arrival 

• 50% cancellation fee of the anticipated turnover until 150 days prior to arrival

• 70% cancellation fee of the anticipated turnover until 120 days prior to arrival• 90% cancellation fee of the anticipated turnover until 90 days prior to arrival  

• 100% cancellation fee of anticipated turnover  0-89 days prior to arrival 

 

4. For events, in which food and/or beverages are served, the customer shall make a binding commitment to east with regards to the number of guests and the choice of food at least 14 days before the event.

5. In case of the actual number of guests exceeding initially indicated numbers by more than 20%, east reserves the right to amend the sequence of food and/or the prices agreed. A reduction in the number of guests can be taken into account as follows:

Between 10 to 5 days before the event, a reduction of up to 20% of the number of guests booked can be accepted without penalty;

from 4 to 2 days before the event, a reduction of up to 10% of the number of guests booked can be accepted without penalty; cancellations that take place the day before the event can no longer be taken into consideration.

 

6. Should the number of guests increase, the actual number of guests is used for the calculation of charges.

 

7. Furthermore, east is also entitled to withdraw from the contract, when this is held to be justified by prevailing circumstances, such as:

• Force majeure or any other circumstances, for which east is not responsible, that make the fulfillment of a   contract impossible.

• Events booked under misleading or incorrect presentation of facts, e.g. regarding the customer or the purpose of the event;

• If east has reasonable cause to assume, that the event itself could jeopardize the smooth running of business operations, security, or the public image of east, without this necessarily being attributable to either the domain or organizational area of east.

 

8. east shall inform the customer of the exertion of their right of withdrawal without delay.

 

9. The customer is not entitled to claim damages from east except in case of willful intent or gross negligence on behalf of east.

 

10. Cancellation fees will only be charged, if event facilities as well as any other services can no longer be sold otherwise. 

§7 Cancellation and automatic release of hotel rooms

1. The east guarantees to hold reserved rooms, even after 6.00 p.m., should guests not arrive, 90% of the confirmed price will be charged.

1-5 hotel rooms

• 100% of the allotment until 6:00 p.m. prior the day of arrival

6-25 hotel rooms

• 100% of the allotment 30 days or more prior to arrival 

• 20% of the allotment 15-29 days prior to arrival

• 10% of the remaining allotment 5-14 days prior to arrival

• further cancellations will be charged with 90% of the room rate

26-50 hotel rooms

• 100% of the allotment 45 days or more prior to arrival 

• 20% of the allotment 30-44 days prior to arrival, 

• 10% of the remaining allotment 10-29 days prior to arrival

• further cancellations will be charged with 90% of the room rate

51 and more hotel rooms

• 100% of the allotment 90 days or more prior to arrival 

• 20% of the allotment 30-89 days prior to arrival, 

• 10% of the remaining allotment 15-29 days prior to arrival

• further cancellations will be charged with 90% of the room rate

 

3. Allotments, which are picked up individually, are subject to following automatic release conditions:

1-20 hotel rooms

• 50% of the allotment 60 days prior to arrival 

• 50% of the remaining allotment 30 days prior to arrival

• 100% of the remaining allotment 14

• further cancellations will be charged with 90% of the room rate

 

21 and more hotel rooms

The east reserves the right to make all agreements about automatic release and cancellation policies of an allotment with each customer on an individual basis.

 

4. Cancellation policy and extraordinary compensation agreements regarding weddings, dance events as well as events and reservations during trade fairs and public events in the city of HamburgThe east guarantees to hold definitely reserved rooms, even after 7 days prior the day of arrival, should guests not arrive, 90% of the confirmed price will be invoiced.Cancellation policy for definite reservations and allotments:

1 -5 hotel rooms

• 100% of the allotment until 7 days prior the day of arriva

• 7 days prior arrival we will charge the given credit card with the whole amount of the accommodation

 

6 -25 hotel rooms

• 100% of the allotment 120 days or more prior to arrival

• 20% of the allotment 90-119 days prior to arrival,

• 10% of the remaining allotment 60-89 days prior to arrival

• further cancellations will be charged with 90% of the room rate

26 – 50 hotel rooms

• 100% of the allotment 150 days or more prior to arrival

• 20% of the allotment 120-149 days prior to arrival

• 10% of the remaining allotment 70-119 days prior to arrival

• further cancellations will be charged with 90% of the room rate

51 and more hotel rooms

• 100% of the allotment 180 days or more prior to arrival

• 20% of the allotment 150-179 days prior to arrival

• 10% of the remaining allotment 90-149 days prior to arrival 

• further cancellations will be charged with 90% of the room rate

5. Allotments, which are picked up individually, are subject to following automatic release conditions:

1-20 hotel rooms

• 50% of the allotment 90 days or more prior to arrival

•50% of the remaining allotment 45 days prior to arrival

• 100% of the remaining allotment / not picked up rooms 30 days prior to arrival

21 and more hotel roomsThe east reserves the right to make all agreements about automatic release and cancellation policies of an allotment with each customer on an individual basis.

 

§8 Extending the period of use, additional services

1. Reserved rooms are only available to the customer for the stipulated period. Any use beyond this requires the approval of east.

 

2. For events, which continue after midnight, costs for service personnel shall be invoiced by the hour.

 

3. If the starting or ending time of an event differs from the agreement, the east is authorized, to charge all additional costs to the customer. 

 

4. Setting-up and clearing-up work supported, supervised or carried out by east technical personnel is charged at a rate of € 30,00 gross per hour, per employee. 

 

5. Costs arising in addition to the agreed, contractual services such as telephone, bar, additional food and beverages ordered are to be borne by each guest/delegate respectively. Should these costs not be covered, the customer shall be jointly and severally liable.

 

6. Customers are generally not permitted to bring their own refreshments and beverages to events.

 

7. Packaging materials, exhibition or other objects by the customer or their guests are to be removed immediately after the event. Should this not occur, the east shall remove and store such at the customer’s expense. Should objects remain in the event facilities, the east may charge rent for the facilities as long as the object remains. The customer has the right to prove, that the damage was less than indicated.

 

§9 Liability

1. The east is liable for its obligations in the contract. Liability is restricted to deficiencies in services that are attributable to willful intent or gross negligence on the part of east in the provisioning of typical services. Furthermore, the customer shall inform the east of the possibility of any damage arising well in time.

 

2. Should east acquire technical and any other equipment at the behest of the customer, it does so in their name, in their authority and for their account. The customer is liable for handling such equipment with due care and for the compliant return of the equipment. The customer shall exempt the east from all third-party claims arising from the transfer of such equipment.

 

3. The customer requires the prior written consent of east, before using electricity from the hotel facilities to power their own electrical equipment. Disruptions or damage to east’s technical equipment arising from the use of the customer’s appliances are to be charged to the customer insofar as such disruption or damage is not attributable to east. East is entitled to document and charge a global fee for the electricity charges arising from the use of the equipment.

 

4. Malfunctions of technical or other equipment provided by east are to be remedied as soon as possible. Payments may not be withheld or reduced, if east cannot is not responsible for such disruptions.

 

5. The east is not liable for loss or damage of all items, including personal items. All items brought into east are at the customer`s own risk, except in case of gross negligence or willful intent.

 

6. Brought decoration materials have to meet relevant fire safety standards. The east is entitled to demand official evidence for this. Given the possibility of damage arising, objects to be displayed and/or hung up should be coordinated with the east in advance. 

 

7. The customer is liable for all culpable damage to buildings or inventory caused by event delegates, visitors, organizer`s employees or other third parties under its control or caused by themselves.

 

8. The customer is liable for the behavior of its employees, delegates as well as further assistants and its own behavior.

 

9. The east has the right to demand appropriate security measures such as insurances, deposits or debt guarantees from the customer.

 

§10 Final Provisions

1. Amendments or additions to contracts, acceptance proposals or to these terms and conditions for events or room bookings must be made in written form. Unilateral amendments or additions made by the customer are not valid. The customer has the right of objection up to 4 weeks after the date of announcement.

 

2. Place and court of jurisdiction is Hamburg, the location of east Hotel & Restaurant GmbH head office.

 

3. Place and court of jurisdiction for disputes arising with respect to cheques and drafts, for commercial matters is Hamburg the location of east Hotel & Restaurant GmbH head office.  Should a contractual party fulfill the conditions provided by Article 38,  paragraph 1 of the German Civil Procedure Code (Zivilprozessordnung – ZPO), but does not have a place and court of jurisdiction in Germany, the place and court of jurisdiction shall be Hamburg, the location of east Hotel & Restaurant GmbH head office.

 

4. These General Terms and Conditions are subject to German Law. The appliance of United Nations Convention on Contracts for the International Sale of Goods and the Conflict of Laws is excepted.

 

5. Should any provisions of these General Terms and Conditions of Trade be or become invalid, this shall not affect the validity of the remaining provisions. This also applies for contractual gaps. For all other matters, legal regulations shall apply.

Participation in online and Facebook competitions and their implementation are based on the following provisions.

As far as it is a Facebook competition, the following applies: all information in the context of this competition is provided exclusively by the organizer and / or the prize sponsor. Facebook Ireland Limited Hanover Reach, 5-7 Hanover Quay, Dublin 2, Ireland, (“Facebook”) has no connection whatsoever to this competition and does not sponsor, support or organize this competition. There are therefore no legal claims against Facebook.

 
§1 Competition
(1) The participation period for the competition (hereinafter referred to as the “promotion period”) can be found directly in the competition.

(2) Insofar as the competition mechanism deviates from the mechanisms described in Section 4 (1) of these terms and conditions, this, including the option to participate, is described directly in the competition entry window.

As far as participation via Facebook is possible, participation in the competition takes place in accordance with the description in the participation window of the competition

a) either by using a Facebook application (hereinafter referred to as "application") on Facebook. This application, which is connected to Facebook, can be installed free of charge in the respective Facebook profile of the participant. After the participant has activated the "I like" button, they can take part in the competition by answering the competition question;
b) or directly on the organizer's Facebook website. In such a case, the participant can take part in the competition by submitting the competition posting on the Facebook page www.facebook.com/eastHamburg
a) answered the competition question with a comment;
b) posts pictures / posts;
c) the post "liked" etc.
If the participant uploads pictures, videos or texts as part of a post and / or comment, the participant guarantees the organizer to be the legal owner of the necessary rights.
The recorded time is decisive for the time of participation. Answers / posts / comments / likes that are not submitted within the promotional period will not be taken into account. Neither the organizer, Facebook nor the cooperation partners (as defined below) are responsible for any delays in submitting or transmitting the response and participant data.

(3) The prizes of the competition are provided by various partners (hereinafter referred to as “prize sponsor”) so that the organizer only advertises the prizes on behalf of the prize sponsor. This does not oblige the organizer to perform of his own unless he is the sponsor of the prize in the specific case. The award sponsor in accordance with Section 657 of the German Civil Code (BGB) and therefore solely responsible for all claims in relation to the awards offered is otherwise the respective award sponsor.

 

§2 Participants

(1) Unless otherwise stated, persons who have reached the age of 18 are entitled to participate in this competition. Minors under the age of 18 are excluded from participation. A profit distribution to minors, whose participation is expressly excluded, does not take place.

(2) Participation in the competition and the distribution of prizes are limited to participants with registered addresses in Germany, Switzerland and Austria.

(3) The participant is solely responsible for the correctness of the data provided for participation in the competition (including the relevant data in the participant's Facebook account). All personal information must be true. Otherwise, you can be excluded from the competition according to § 3 (4).

(4) Each participant may only take part in the competition once. Multiple participations are excluded. The organizer reserves the right to exclude participants from the competition in accordance with § 3 (2) in the event of multiple participation.

(5) There is no entitlement to registration for the competition or participation in the competition.
 

§3 Exclusion from the competition
(1) Employees and relatives of east Hotel & Restaurant GmbH and all subsidiaries / holdings as well as the providers and price sponsors involved are excluded from participation.

(2) In the event of a breach of these conditions of participation, the organizer reserves the right to exclude persons from the competition and not to distribute prizes or to subsequently withdraw and reclaim them.

(3) Persons who use unauthorized aids or otherwise gain advantages through manipulation are also excluded. If necessary, in these cases, prizes can also be subsequently withdrawn and reclaimed.

(4) Anyone who gives false information about himself or herself is also excluded

 

§4 Implementation and handling of the competition
(1) During the campaign period, participants will be asked a competition question. The participants can choose between given answer options. All prizes are presented on the competition page. The winner (s) will be determined by lot at the end of the promotion period from among all participants who have correctly answered the competition question. In the event that fewer participants have guessed correctly than the prizes available, the remaining prizes will be raffled among all participants in the competition regardless of the answer given.
Opportunities for participation, rules of participation, prize draws etc. that deviate from this competition mechanism will be explained to the participant immediately on the competition entry screen. In such a case - unless otherwise described there - only these deviating regulations apply.

(2) Winners will be notified by email after the competition has ended. The handover of the prizes is then carried out in direct contact between the winner and the prize sponsor in accordance with the following conditions for notification of prizes and forfeiture of prizes in §§ 4 and 5.
If the competition is organized directly on Facebook, the winners will be notified by the organizer via the Facebook profile of the respective winner after the competition has ended. Alternatively, the winners can also be announced after the end of the competition via the organizer's Facebook profile. Each winner must then report within 4 working days after receipt of the notification of the winnings in their Facebook profile or announcement of the winner in the Facebook profile of the organizer via a private message to the organizer's Facebook page with his real name. If a winner does not respond within this period, the prize is forfeited.

(3) The item presented as a prize in the competition is not necessarily identical to the item won. Rather, there may be deviations in terms of model, color, etc. The prize sponsor reserves the right to select an item of medium quality and type as the prize.

(4) The non-cash prizes (with the exception of motor vehicles and travel) will be sent by the prize sponsor or a third party commissioned by him to the postal address specified by the winner by forwarding agency, parcel service or post. The delivery is free of charge in the Federal Republic of Germany. Any additional transport costs and customs duties are to be borne by the winner. The place of performance remains the seat of the award sponsor despite assuming the shipping costs. In the event that the delivery is made via a shipping company, the shipping company will contact the winner to arrange a delivery date. Deliveries are usually made Monday to Friday between 8 a.m. and 6 p.m. The winner must also provide a substitute address in their immediate vicinity to which the prize can be delivered in their absence. If the shipping company does not find anyone at the winner's address or at the replacement address, a message will be left. The winner has to bear the cost of a new delivery himself.

(5) If a vehicle is won, the winner will be named by the award sponsor who is responsible for the handover. If the winner, who is eligible to participate in accordance with § 2 (1), is a minor, attention is drawn to the fact that the consent of the legal guardian is required for admission to the winner. If the vehicle is not picked up within the period specified by the award sponsor or the vehicle dealer, the prize is forfeited. All costs caused by the registration and collection of the vehicle, as well as all other follow-up costs (insurance, taxes, fuel, repairs, etc.) are borne by the winner. The same goes for motorcycles and comparable prices.

(6) In the case of travel wins, the settlement takes place between the winner and the respective award sponsor or a tour operator commissioned by them. There is no entitlement to a specific travel date. If the trip is not carried out on the date or period specified in the competition, there is no longer any entitlement to the prize. With the confirmation of the trip the winner is subject to the travel conditions of the organizer. The journey to and from the starting point of the journey (airport, train station, etc.) is at the expense of the winner, unless otherwise stated in the competition or expressly agreed. The same applies to all private costs that arise during the trip (minibar, telephone, etc.). The value of the trip in the advertising text refers to the most expensive travel time and is therefore subject to seasonal deviations and currency fluctuations, depending on the time at which the trip is made available and used. The winner takes note of this and agrees that a possible difference in value in any form is excluded.

 

§5 forfeiture of profit
Unless otherwise regulated in these conditions of participation, the winner is obliged to report within four (4) weeks of sending the notification. Otherwise the entitlement to the prize is forfeited. Unless otherwise regulated in these conditions of participation, in these cases a new winner will be determined by lot. Entitlement to the prize also lapses if the prize cannot be transmitted within four (4) weeks after the first notification of the prize for reasons related to the person of the winner. The different deadlines specified in § 4 (5) or (6) apply to vehicle prizes and travel prizes.


§6 Premature termination of the competition
The organizer reserves the right to cancel or end the competition at any time without prior notice and without giving reasons. The organizer makes use of this option in particular if, for technical reasons (e.g. viruses in the computer system, manipulation or errors in the hardware and / or software) or for legal reasons, proper implementation of the competition cannot be guaranteed. If such a termination is caused by the behavior of a participant, the organizer can demand compensation from this person for the damage incurred.

 

§7 data protection
(1) If the competition is not organized directly on Facebook, in order to participate in the competition, it is essential to register for the corresponding competition in the competition entry screen by entering various data (hereinafter also referred to as "registration data"). Participation in Facebook competitions is possible via the participant's registered Facebook account.

(2) The organizer collects, processes, uses and stores the participant's data provided during registration for the duration of the competition for the purpose of carrying out and processing the competition and transmits them to the respective award sponsor or the agency responsible for the award sponsor for the aforementioned purpose . The registration data will not be used for other purposes by the organizer or third parties without the participant's express consent.

(3) All personal data of the participants will be processed and used by the organizer in accordance with the statutory provisions. Further information can be found in the data protection provisions.
 

§8 revocation
The participant is free at any time to cancel his registration data by sending a revocation at datenschutz@east-hamburg.de and thus to withdraw from participation.
 

§9 liability
(1) The organizer is released from all obligations with the fulfillment or delivery of the prize, unless an earlier point in time arises from these regulations.

(2) Claims due to possible material and / or legal defects to the prizes donated by the prize sponsors are to be asserted exclusively against them.

(3) The organizer is not liable for the insolvency of a prize sponsor or the consequences resulting from this for the implementation of the competition.

(4) The organizer is only liable for damages if the damage is due to intent or gross negligence. The organizer is liable for culpable injury to life, limb or health of a natural person even in the case of simple negligence. In addition, the organizer is also liable for the simply negligent breach of a cardinal obligation. Cardinal obligations are those, the fulfillment of which enables the proper execution of the competition and the achievement of the contractual purpose in the first place and compliance with which a competition participant can regularly rely. The above limitation of liability applies in particular to damage caused by errors, delays or interruptions in the transmission of data, malfunctions in the technical systems or the service, incorrect content, loss or deletion of data, viruses or in any other way when using the application. Liability under the Product Liability Act remains unaffected.

(5) In the case of travel wins, the organizer is also not liable for the consequences of a justified change in the travel offer or the justified cancellation of the trip by the tour operator. The possibility of paying out the travel value is excluded.

§10 miscellaneous
(1) The judges' decision is final.

(2) The law of the Federal Republic of Germany is exclusively applicable.

(3) Should any of these provisions be or become invalid, this shall not affect the validity of the remaining conditions of participation.

(4) These conditions of participation can be changed by the organizer at any time without separate notification.