Our terms and conditions

General Terms and Conditions for Hotel and Arrangement Services of Nouri GmbH in Bad Krozingen

The following terms and conditions apply to the provision of hotel rooms and to all other services provided to the customer by Nouri GmbH (hereinafter referred to as the hotel)::

I. Conclusion of the contract, cancellation of the hotel accommodation contract

1. the hotel accommodation contract is concluded by the hotel’s confirmation of a booking/reservation or by the customer’s acceptance of an offer of the hotel designated as binding. When booking on the Internet, the possibility of making a reservation does not constitute a binding offer by the hotel. The contract is concluded as soon as the customer receives the hotel’s booking confirmation.

2.

a. Bookings/reservations are binding for both partners.

b.The hotel is entitled

– to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract, for example in the form of a credit card guarantee or a down payment. The type and amount of the advance payment and the payment dates shall be agreed in text form in the contract.

– to demand an advance payment or security deposit or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration after conclusion of the contract before or after the start of the stay in justified cases, e.g. if the customer is in arrears with payments.

c. Rebookings are not possible. If the customer cancels outside the cancellation period, the agreed price must be paid even if the customer does not make use of the contractual service. However, the hotel must offset the income from renting the rooms to other parties and the expenses saved against the agreed price. The hotel is entitled to make a flat-rate deduction for the expenses saved. In this case, the customer is obliged to pay 80% of the agreed price and 60% for hotel arrangements that include accommodation, meals and other services (both external and internal). The customer is at liberty to prove that the hotel has suffered a lesser loss or no loss at all (e.g. due to the room being rented to another party while the category concerned is otherwise fully booked).

d. If the guest does not make use of the booked room or the booked services without notifying the hotel in good time (no show), the hotel is entitled to collect up to 100% of the total bill for overnight stays and all other services. The regulation also applies accordingly in the event of a reduction in the number of rooms booked and/or the length of stay. As described in point I.2.c., is also free to provide the customer with proof of lower damages in the event of a no-show.

3. if the hotel has granted the guest an option in the contract to withdraw from the contract within a certain period without further legal consequences, the hotel has no claim to compensation. Decisive for the timeliness of the declaration of withdrawal is its receipt by the hotel. In this case, the customer must declare the withdrawal in writing.

4. the hotel is entitled to withdraw from or terminate the contract for good cause. Good cause shall be deemed to exist in particular if force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract, if rooms were booked under misleading or false statements of material facts, e.g. concerning the hotel guest (name, address, etc.) or the purpose, and if the hotel has reasonable grounds to believe that the use of the hotel’s services may jeopardize the smooth operation, security or reputation of the hotel. If the hotel’s withdrawal or termination is justified, the customer is not entitled to compensation.

5. if it has been agreed that the customer can withdraw from the contract free of charge within a certain period, the hotel is entitled for its part to withdraw from the contract during this period if there are inquiries from other customers for the contractually booked rooms and the customer does not waive his right of withdrawal upon inquiry by the hotel with a reasonable deadline. This shall apply accordingly if an option is granted, if other inquiries are received and the customer is not prepared to make a firm booking when asked by the hotel within a reasonable period of time.

II Arrival and departure

1. the hotel is obliged to make the reserved rooms available from 15:00 on the day of arrival. Whenever possible, rooms will be made available earlier if necessary. There is no entitlement to an earlier handover. Unless otherwise expressly agreed and a later arrival time has been communicated by the customer to the Nouri, the hotel will keep reserved rooms available until 6:00 pm. After this time, the hotel is free to allocate rooms elsewhere..

2. booked rooms are available to the guest until 11:00 a.m. on the day of departure. The guest may only extend the scheduled check-out time after 11:00 a.m. by express agreement. Such an agreement can only be made bindingly at reception by 9 p.m. on the day before departure at the latest. If the guest does not leave the room until after 11:00 a.m., the hotel may charge an additional 50% of the room rate for that day for check-out before 4:00 p.m. and the full room rate for check-out after 4:00 p.m.. If the room is subsequently occupied and the hotel suffers a loss due to the further occupancy, the hotel has the right to claim this loss as compensation from the customer.

3. if the customer has not reserved all of the hotel’s rooms, there is no entitlement to the selection of specific rooms or rooms within a room category.

4. when making a reservation with a pet, please note that a maximum of one pet is allowed per room. We define a pet as a dog. We do not allow any animals other than dogs. There are separate charges for accommodation with pets.

III. Payment, place of performance

1. the agreed prices include the statutory value added tax.

2. accrued receivables may be declared due at any time and immediate payment may be demanded.

3. in the event of default in payment, the hotel is entitled to charge interest on the outstanding invoice amount at a rate of 5 percentage points above the respective base interest rate of the Deutsche Bundesbank. The hotel reserves the right to prove higher interest damages.

4. the customer may only offset or reduce a claim of the hotel with an undisputed or legally binding claim.

5. place of performance and payment is the registered office of the booked hotel.

IV. External services

1. in addition to the hotel services, third-party services may be arranged for the customer, e.g. sports courses, visits to events and excursions, etc. Third-party services are not provided by the hotel, but by third parties (service providers) under their own responsibility. The customer concludes the respective contract directly with the organizer..

V. Liability / Statute of limitations

1.

a. The hotel’s liability in the area of its own service provision is excluded, unless otherwise regulated in the following provisions.

b. The exclusion of liability pursuant to lit. a. shall not apply to damages caused by culpable breach of a material contractual obligation in a manner that jeopardizes the achievement of the purpose of the contract. Essential contractual obligations are those obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer regularly relies and may rely. However, liability is limited to the damage typical for the contract, the occurrence of which each party to the contract had to expect based on the circumstances known to it at the time.

c. Furthermore, the exclusion of liability according to lit. a. does not apply to damages resulting from injury to life, body or health, which are based on a negligent breach of duty by the hotel or its legal representatives or vicarious agents.

d. The exclusion of liability according to lit. a. does not apply to damages caused by an intentional or grossly negligent breach of duty by the hotel or its legal representatives or vicarious agents.

e. The exclusion of liability according to lit. a. does not apply to claims arising from the Product Liability Act.

f. Insofar as the liability of the hotel is excluded or limited, this also applies to the liability of its legal representatives, employees and vicarious agents.

2.Strict liability for damages for defects that already existed when the contract was concluded (Section 536a BGB) is excluded.

3.the limitation period for claims of the customer against the hotel is six months after provision of the contractually agreed hotel service. The short limitation period applies in favor of the hotel both for contractual claims and for claims in tort.

4.no guarantee and/or liability is assumed for third-party services within the meaning of Section IV.

5.the hotel shall be liable to the guest in accordance with the statutory provisions. The hotel shall not be liable if the room or containers in which the guest leaves items are left unlocked. Guests or customers are requested to ensure that valuables are handed over at reception. Money is to be deposited against receipt.

6. if the customer is provided with a parking space on the hotel property or in the underground parking garage, the customer merely concludes a contract with the hotel for the rental of the parking space. There is no surveillance and no safekeeping agreement is concluded. The hotel is not liable for loss of or damage to a motor vehicle parked on the hotel property/underground parking garage and/or for its contents, unless the hotel is responsible for the damage in accordance with the provision under 1.

VI. Final provisions

1.if the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the hotel shall be the hotel’s registered office.

2.German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

3.in accordance with the legal obligation, the hotel points out that the European Union has set up an online platform for the out-of-court settlement of consumer disputes (“ODR platform”): http://ec.europa.eu/consumers/odr/. However, the hotel does not participate in dispute resolution proceedings before consumer arbitration boards.

General Terms and Conditions – Nouri event area

1. Scope of application

These terms and conditions apply to contracts for the provision of conference, banquet and event rooms, hotel rooms and other areas of Nouri for the organization of events (events, banquets, seminars, conferences, etc.) as well as for all other related services of Nouri. The Nouri event area services are provided by Nouri GmbH.

2. Conclusion of contract, partners, liability

2.1 The subject matter of the contract is the service descriptions contained in Nouri’s current offers. Separate agreements, deviations and ancillary agreements must be made in writing.

2.2The contract is concluded as soon as the event, the rented rooms and areas as well as the other deliveries and services have been confirmed by Nouri.

2.3 By booking or placing an order, the customer accepts these Nouri Event Area T&Cs. These Nouri Event Area GTC apply exclusively. Insofar as the customer’s terms and conditions deviate in whole or in part, they shall not become part of the contract, even if they have not been expressly contradicted. Anything else shall only apply if Nouri has expressly agreed to the customer’s terms and conditions.

2.4 The booking of accommodation services for event participants named by the customer and the booking of accommodation services with third parties shall be made in the name and for the account of the customer.

2.5 In the case of the rental of conference, banquet and event rooms for the purpose of holding events such as conferences, all other related services and deliveries of Nouri shall also become part of the contract.

2.6 The subletting or re-letting of the rooms, areas, showcases or objects provided for events by the customer requires the prior written consent of Nouri. This also applies to the publication of event announcements in the form of newspaper advertisements and the like, insofar as Nouri appears there. If the customer is not the organizer himself or if a commercial agent or organizer is engaged by him, they shall be jointly and severally liable with the customer for all obligations arising from the contract.

3. Services, prices and payment

3.1 Nouri is obliged to provide the service ordered and confirmed by it in writing.

3.2 The customer is obliged to pay the prices agreed for these services. This also applies to services and expenses of Nouri to third parties in connection with the event.

3.3 As a rule, Nouri offers all services that the customer needs for an event. If the customer wishes to use his own external service providers or otherwise replace services that Nouri could offer himself, he must request this in writing from Nouri in advance and have it approved. Nouri is free to refuse approval. If the customer uses its own approved external service provider, Nouri will charge additional personnel costs incurred for e.g. project managers, facility managers, event technicians, etc. in daily rates at the customer’s expense. The customer is responsible for the use of the external service provider and indemnifies Nouri from liability.

3.4 Nouri’s invoices without a due date are payable without deduction within 14 days of receipt of the invoice.

3.5 Nouri is entitled to demand a reasonable advance payment at any time. The amount of the advance payment and the payment dates can be agreed in writing in the contract. If the advance payment is not made within a reasonable grace period set, Nouri is entitled to withdraw from the contract in accordance with section 4.1.

3.6 The published rental prices do not include any fees charged by public authorities (e.g. for the preparation of seating plans, GEMA etc.). These costs will be passed on to the customer without any surcharges.

4. Changes in performance

If the period between the conclusion of the contract and the provision of the service exceeds four months, Nouri reserves the right to make price changes in accordance with the following standards, even without prior notice. If one or more of the relevant cost items, such as personnel, energy, fuel, taxes or duties, increase after the conclusion of the contract and if it can be assumed at Nouri’s due discretion that the respective increase (additional costs) will continue at the time of service provision and will not be reduced by other circumstances to the same extent, Nouri shall be entitled to unilaterally increase the price by the additional costs, provided that the increase does not exceed 10% of the agreed price. If the originally agreed price is increased by more than 10%, the customer has the right to withdraw from the contract. Nouri may demand that the customer accepts the contract amendment within a period specified by him or declares his withdrawal.
If the prices charged are significantly reduced, the price reduction will be passed on to the customer.

5. Resignation of Nouri

5.1 If an advance payment requested in accordance with Clause 3.5 is not made even after a reasonable grace period set by Nouri has expired, Nouri shall be entitled to withdraw from the contract.

5.2 Nouri is also entitled to withdraw from the contract for other objectively justified reasons, for example

– for events that are booked under misleading or false statements of material facts, e.g. the organizer or the purpose
– if there is reasonable cause to believe that the event may jeopardize the smooth running of Nouri’s business operations, safety or public reputation, without this being attributable to Nouri’s sphere of control or organization
– in the event of violations of the notification of subletting or re-letting

5.3 Nouri is also entitled to withdraw from the contract in cases of force majeure or other circumstances for which Nouri is not responsible and which make the fulfillment of the contract impossible or partially impossible. Force majeure means any event beyond Nouri’s control that prevents Nouri from fulfilling its obligations in whole or in part. Such an event includes (but is not limited to) acts of war or terrorism (regardless of whether war has been declared), blockades of transportation routes, riots, explosions, natural disasters, fire, flood, earthquake, typhoon, severe weather events, animal plagues, strikes and lawful lockouts, operational disruptions for which Nouri is not responsible or governmental orders, acts, omissions or measures of a government or compliance with governmental requests (including recommendations of a federal authority or federal minister), outages or restrictions of electronic data exchange caused by third parties, cybercrime by third parties and other unforeseeable, unavoidable and serious events. This also includes pandemics, epidemics or epidemic-like diseases, provided that a risk level of at least “moderate” has been defined by the Robert Koch Institute or if, according to official information, 2000 or more confirmed cases of the same type of disease have occurred in the Federal Republic of Germany or within a radius of 200 km around the Nouri within a period of no more than 4 consecutive calendar weeks and no longer than 6 months before the date of the owed performance obligation.

5.4 Nouri must inform the customer immediately of the exercise of the right of withdrawal.

5.5 Notwithstanding Nouri’s right to withdraw from the contract in cases of force majeure as set out in clause 5.3, in such cases, another date/alternate date and/or other venue shall be agreed if possible and as far as reasonable for both parties. In those cases in which a corresponding agreement cannot be reached, any fees already paid by the customer for agreed or booked services shall be refunded. Costs already incurred directly shall be passed on to the customer.

6. Cancellation by the customer

6.1 The customer may cancel booked services at any time. Cancellations and changes must be made in writing. The date on which Nouri receives the cancellation is decisive.

6.2 In the case of rooms not used by the customer, the customer remains obliged to pay the agreed remuneration. Overnight stays that are still booked before the start of the event, including breakfast, can be canceled free of charge for the entire period as follows:

– From 89 to 50 days before arrival: 50% of the agreed price
– From 49 to 15 days before arrival: 60% of the agreed price
– From 14 days before arrival: 80% of the agreed price

6.3We reserve the right to charge the entire agreed price (100%) in the event of later cancellation. Please note that we must receive your cancellation in writing. The agreed price refers to the room contingents, parking spaces, breakfast and all the above-mentioned additional services.

– From 89 to 50 days before arrival: 50% of the agreed price
– From 49 to 15 days before arrival: 60% of the agreed price
– From 14 days before arrival: 80% of the agreed price


Additional services that become useless as a result of the cancellation shall be remunerated in any case. If the customer does not make use of individual booked services due to early return or for other compelling reasons, Nouri is entitled to demand the price agreed between the parties.

6.4 If Nouri keeps hotel rooms available for event participants in accordance with the agreement with the customer without the customer having already made a firm booking (individual call-off contingent), event participants shall conclude an individual reservation contract with the hotel when booking a hotel room included in this contingent. In this respect, the General Terms and Conditions of Nouri GmbH apply to the hotel accommodation contract.

7. Changes to the number of participants and the time of the event

7.1 Changes in the number of participants by more than 5% must be communicated to Nouri or the responsible event manager at least 5 working days before the start of the event. They require the written consent of Nouri.

7.2A reduction in the number of participants by a maximum of 5% shall be taken into account by Nouri in the invoice if Nouri has been notified of this in writing in advance. In the event of a further reduction, the originally registered number of participants minus 5% shall be taken as a basis.

7.3 If the originally communicated number of participants is exceeded, the actual number of participants will be charged.

7.4 If the number of participants deviates by more than 10%, Nouri is always entitled to redetermine the agreed prices and to exchange the confirmed rooms, unless this is unreasonable for the customer.

8. Bringing food and drinks

8.1 As a matter of principle, customers may not bring food and drinks to events. Exceptions require a written agreement with Nouri. In these cases, a contribution to cover overhead costs will be charged.

9. Technical equipment and connections

9.1 Insofar as Nouri procures technical or other equipment from third parties for the customer at the customer’s request, it acts on behalf of, with the authority of and for the account of the customer. The customer is liable for the careful handling and proper return. He shall indemnify Nouri against all claims of third parties arising from the provision of these facilities.

9.2 The use of the customer’s own electrical equipment using Nouri’s power grid requires Nouri’s written consent. Any malfunctions or damage to Nouri’s technical equipment caused by the use of these devices shall be borne by the customer, unless Nouri is responsible for this. Nouri may record and charge a flat rate for the electricity costs incurred by the customer.

9.3 With Nouri’s prior consent, the customer is entitled to use his own telephone, fax and data transmission equipment. Nouri may charge a connection fee for this.

9.4 Faults in the technical or other equipment provided by Nouri shall be rectified immediately if possible. Payments may not be withheld or reduced in this respect, unless Nouri is responsible for these malfunctions.

10. Loss of or damage to items brought along

10.1 Exhibition or other items, including personal items, carried along are at the risk and expense of the customer in the event rooms or in the hotel. The Nouri assumes no liability for loss, destruction or damage, except in cases of gross negligence or intent on the part of the Nouri or its employees.

10.2 Any decoration materials brought along must comply with the fire police requirements. Nouri is entitled to demand official proof of this. In order to avoid possible damage, the attachment and installation of objects must be agreed with Nouri in advance.

10.3 The exhibition or other items brought along must be removed immediately after the end of the event. If the customer fails to do so, Nouri shall be entitled to remove and store them at the customer’s expense. If the items remain in the event room, Nouri may charge room rent for the duration of the stay. The customer reserves the right to prove a lower damage, Nouri reserves the right to prove a higher damage.

11. Liability of the customer for damages

11.1 The Customer, as well as its employees and event participants/visitors brought in by the Customer or other third parties from its area, must follow the instructions of Nouri personnel and security personnel, both in the run-up to the event and during its execution and after the event.

11.2 The customer is liable for all damage to buildings or inventory caused by event participants or visitors, employees or other third parties from his area or himself.

11.3 Nouri may require the organizer to provide appropriate security (e.g. insurance, deposits, guarantees).

12. Limitation of liability

12.1 Claims for damages and reimbursement of expenses by the customer, irrespective of the legal grounds, in particular due to the breach of obligations arising from the contractual obligation or from tort, are excluded, unless liability is mandatory, e.g. under the Product Liability Act, in cases of intent, gross negligence, injury to life, limb or health, due to the breach of essential contractual obligations. However, the claim for damages for breach of essential contractual obligations is limited to the foreseeable damage typical for the contract, unless there is intent or gross negligence or liability for injury to life, limb or health. This does not imply a change in the burden of proof to the detriment of the customer.

12.2 The customer is obliged to inform Nouri in good time of the possibility of the occurrence of exceptionally high damages. With regard to overnight stays at Nouri and the associated liability of the hotelier, the following applies:
The hotel is liable to the guest in accordance with the statutory provisions. The hotel shall not be liable if the room or containers in which the guest leaves items are left unlocked. Guests or customers are requested to ensure that valuables are handed over at reception. Money is to be deposited against receipt.

12.3 The customer may only offset claims of Nouri arising from the contract with an undisputed, legally established or ready for decision claim and may only exercise the right of retention insofar as it is based on the contractual relationship.

13. Final provisions

13.1 Amendments or additions to the contract, the acceptance or these Terms and Conditions for Events must be made in writing. Unilateral amendments or additions by the customer are invalid.

13.2 The place of performance and payment is the registered office of Nouri.

13.3 The exclusive place of jurisdiction – also for check and bill of exchange disputes – is the registered office of Nouri in commercial transactions. If a contractual partner fulfills the requirements of § 38 para. 1 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of Nouri.

13.4 The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods..

13.5 Should individual provisions of this event agreement be invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.

14 Invitations and information about new accommodation options in our hotel/advertising to existing customers in accordance with Section 7 (3) of the Unfair Competition Act (“UWG” Germany).
If you have made a booking with us, we will use your e-mail address in accordance with Section 7 (3) of the Unfair Competition Act to inform you by e-mail about similar offers from our hotel. You can object to this use of your e-mail address at any time with effect for the future without incurring any costs other than the transmission costs according to the basic rates. You will find a corresponding unsubscribe link in every e-mail.