Terms of Service,
for booking and reserving packages (Status: 01.11.2021)
1. Scope of application / terms and conditions of the guest
These terms and conditions apply to the booking and reservation of packages for all services provided to the guest by the club. Services provided by third parties are only mediated by the club. All rights and obligations derive from the contract between the guest and the third party.
2. Conclusion of contract
2.1. The guest's reservation request is generally non-binding. A binding contract between the club and the guest is only formed when the club confirms the reservation request or when the guest actually uses the club's services. Services provided by third parties (limousine rides and services by dancers) must be confirmed separately. The Club must confirm the reservation request and the guest must send this reservation confirmation back to the Club in text form (reconfirmation). Cancellations, in particular by the haulage companies, are not attributed to the club. In this case, the club only acts as an intermediary for the conclusion of a further contract.
2.2. If the guest does not accept the reservation confirmation, the Club can request the guest to reconfirm, setting a deadline. If the guest does not reply within the set period, the club is no longer bound by the reservation confirmation.
3. Club Benefits
The Club is obliged to provide the services booked by the guest in accordance with these General Terms and Conditions and to provide the contractually owed services (hereinafter SERVICE, SERVICES, PACKAGES)
4. Guest Obligations
4.1. The guest is obliged to pay the club's applicable prices for the services. This also applies to services and expenses of the club to third parties caused by the guest.
5. Terms of Payment
5.1. The agreed prices (hereinafter PRICE, PRICES) include the respective statutory VAT.
5.2. The Club is entitled to demand advance payment of the PRICES upon conclusion of the contract. The amount and the terms of payment are agreed in writing in the contract. Prices are set on the club's website.
6. Changes in Services
6.1. Changes or deviations of individual SERVICES from the agreed content of the service, which become necessary after the conclusion of the contract and which were not brought about by the club in bad faith, are only permitted if the changes and deviations are not significant and do not affect the overall design of the SERVICES.
6.2. The club is obliged to inform the guest immediately about any changes or deviations in SERVICES. possibly he will offer the guest a free rebooking or a free cancellation.
6.3. The guest has the rights from Section 6.2. to be asserted against the club immediately after the club has declared the change in the SERVICE.
7. Withdrawal by the guest (cancellation, non-attendance)
7.1. The guest can withdraw from the contract up to the start of the SERVICE. The receipt of the declaration of withdrawal by the club is decisive. The guest is recommended to declare the withdrawal in writing.
7.2. If the guest withdraws from the contract for a PACKAGE or SERVICE, the club can demand reimbursement of its previous expenses. When calculating the replacement, expenses usually saved and other possible uses of the SERVICES are to be taken into account.
7.3. The Club can either calculate this claim for compensation specifically, or calculate it as a percentage of the total price of the SERVICE, taking into account the following conditions:
- 10% of the PRICE up to the 15th day before the start of the contractually owed service
- from the 14th day before the start of the contractually owed service 20% of the PRICE
- from the 10th day before the start of the contractually owed service 30% of the PRICE
- 80% of the PRICE on the same day before the start of the contractually owed service
7.4. The guest is free to prove that no damage has occurred or that the damage incurred by the club is lower than the flat rate required in accordance with Sections 7.2 and 7.3.
7.5. The above regulations on the compensation of the club apply accordingly to the cancellation of individual SERVICES, as well as the booked PACKAGES, without notifying this in good time.
8. Withdrawal of the Club; extraordinary termination
8.1. If the advance payment according to No. 5.2. Even after a reasonable period of time has expired with the threat of rejection, the club is entitled to withdraw from the contract. The club must immediately inform the guest of the exercise of the right of withdrawal.
8.2. The club is entitled to terminate for good cause if
- the guest disturbs the SERVICE despite a warning with the threat of termination by the club, so that the club has reasonable grounds to assume that the use of the club service can endanger the smooth business operations, the security or the reputation of the club in public without this is attributable to the area of control or organization of the club,
- the guest has booked the SERVICE with misleading or false information about essential facts, e.g. in the person of the guest or the purpose.
In this case, the Club retains the right to payment of the PRICE; however, he must allow the value of the saved expenses and those advantages to be credited that he obtains from other uses of the unused service.
9. Force Majeure
If the SERVICE is made significantly more difficult, endangered or impaired as a result of force majeure that was not foreseeable when the contract was concluded, both the guest and the club can terminate the contract for this SERVICE.
10. Liability of the club for items brought in by the guest
10.1. The club is liable to the guest for items brought in by the guest in accordance with the statutory provisions.
10.2. Liability claims expire if the guest does not report the loss, destruction or damage to the club immediately after becoming aware of it. This does not apply if the loss, destruction or damage to the item was the fault of the club or its vicarious agents or if the item was taken over by the club for safekeeping.
11. Other Liability of the Club
11.1. Claims for damages against the club are excluded regardless of the legal reason, in particular due to delay, breach of advisory and contractual ancillary obligations, pre-contractual obligations, industrial property rights of third parties and tort, unless the club, its representatives or vicarious agents have acted intentionally or with gross negligence or the claims for damages result from the assumption of a guarantee. The club is liable in the same way if one of its legal representatives, senior employees or vicarious agents breaches an obligation that is of essential importance for the achievement of the purpose of the contract through slight negligence.
11.2. Insofar as the club is liable on the merits, the claim for damages is limited to the foreseeable, contract-typical damage. This limitation of damage does not apply if the event causing the damage was caused by the Club, its representatives or vicarious agents through gross negligence or intent.
11.3. Insofar as the Club is liable under the contract in accordance with the above, the liability amount is limited to three times the PRICE.
11.4. All claims for damages against the club expire 12 months after they arose, unless they are based on a tortious or intentional act.
11.5. If the claims result from the Product Liability Act, initial impossibility or culpable impossibility, the above limitation of liability does not apply. The same applies if life, limb or health is damaged as a result of an action or omission by the club, its legal representative or vicarious agent.
11.6. Insofar as the Club's liability is excluded, this also applies to the personal liability of the Club's employees, representatives and vicarious agents.
12. Final Provisions
12.1. Changes or additions to the contract, the acceptance of applications or these terms and conditions must be in writing. This also applies to a change in this written form requirement.
12.2. Place of performance/payment, exclusive place of jurisdiction - also for check and bill of exchange disputes - is the registered office of the club.
12.3. National law applies.
12.4. Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions.