GENERAL TERMS AND CONDITIONS
GenoHotel GmbH General Terms and Conditions Date: 1 December 2025
I. General terms and conditions
1. Scope, conclusion of contract, legal clauses
a. These terms and conditions shall apply to contracts for the rental of conference rooms,
banqueting rooms, function rooms and hotel rooms of GenoHotel GmbH, as well as to all other
related services and facilities of GenoHotel GmbH. The address, representative relationships,
register entry and tax number of GenoHotel GmbH are listed on the website of the respective
location.
b. The customer's terms and conditions shall only apply if this has been expressly agreed in writing
in advance.
c. The contract is deemed to have been concluded by way of the acceptance of the customer’s
application by GenoHotel GmbH, which can be declared in text form. If a third party has placed
an order on behalf of the customer, the third party shall be liable to GenoHotel GmbH together
with the customer as joint and several debtors for all.
obligations arising from the contract.
d. Modifications or amendments to the contract, the acceptance of an application or these General
Terms and Conditions shall only be valid if made in writing. This clause requiring written form
may only be waived by written agreement.
e. The place of performance and payment is the respective booked location (i.e. Baunatal or
Forsbach).
f. The legal venue for commercial transactions is Baunatal at the discretion of GenoHotel GmbH.
This also applies in cases where the customer meets the requirements set out under Section 38
Para. 2 of the German Code of Civil Procedure (ZPO) and has no general legal venue in
Germany.
g. German law shall apply. The application of the United Nations Convention on Contracts for the
International Sales of Goods is excluded.
h. If any of the provisions of these General Terms and Conditions for Events become ineffective or
void, this shall not affect the validity of the other provisions.
2. Liability
a. GenoHotel GmbH shall be liable for its obligations under the contract with the diligence of a
prudent businessperson. No claims may be asserted by the customer for damages. Excluded
from the above are such claims as are asserted in respect of damage to life, body or health
where GenoHotel GmbH is responsible for the given breach of duty, as well as such claims
attributable to wilful or grossly negligent breach of duty on the part of GenoHotel GmbH, and
claims attributable to the wilful or negligent violation by GenoHotel GmbH of obligations typical
of the contract concerned. A breach of duty committed by a legal representative or agent in
performance shall be deemed equivalent to a breach of duty by GenoHotel GmbH.
b. GenoHotel GmbH shall act to remedy any problems or defects in respect of the services it
provides as soon as it becomes aware of such problems or defects or upon immediate
notification by the customer. The customer is obliged to do everything that can be reasonably
expected of them to help remedy the problem and to minimise any possible damage.
c. The customer is obliged to draw the GenoHotel GmbH’s attention in good time to the possibility
that an exceptionally high level of damage may be incurred.
3. Items brought along
a. Items brought along or delivered to events are located in the hotel and function rooms at the
customer's risk. GenoHotel GmbH accepts no liability for loss, theft or damage, nor for financial
losses, except in cases of gross negligence or intent on the part of GenoHotel GmbH. All cases
in which safekeeping is a typical contractual obligation due to the circumstances of the individual
case are excluded from this exemption from liability.
GENERAL TERMS AND CONDITIONS
b. Decorative materials and other items brought in by the customer must comply with fire safety
requirements and other official regulations. GenoHotel GmbH is entitled to ask for official
confirmation in such cases. Should no such confirmation be available for presentation,
GenoHotel GmbH is entitled to remove all such relevant materials at the customer’s expense.
c. The installation and attachment of objects must be agreed in advance with GenoHotel GmbH.
d. Any exhibits or other items brought into the hotel must be removed by the customer without
delay once the event has finished. Should the customer fail to comply with this, GenoHotel
GmbH may remove and store the items concerned at the customer’s expense. If items are left
in the function room, preventing its use for any other purpose, GenoHotel GmbH may charge
reasonable compensation for the time during which the room is being used for this purpose. The
customer is free to prove that the above-mentioned claim did not arise or did not arise in the
amount claimed.
e. Other items left behind will only be forwarded at the request, risk and expense of the customer
concerned or of their event guests.
f. GenoHotel GmbH shall store the items in accordance with the limitation periods; thereafter they
shall be destroyed or otherwise utilised by the GenoHotel.
4. Limitation period
All claims asserted vis-à-vis GenoHotel GmbH shall as a general rule one year after the
commencement of the standard limitation period subject to knowledge of the grounds for the
claim as set out under Section 199 Para. 1 of the German Civil Code (BGB). Claims for damage
shall be statute-barred after five years, regardless of when a party gains knowledge of the
grounds for the claim. The reduction in the limitation period shall not apply in the case of claims
based on a wilful or grossly negligent breach of duty on the part of GenoHotel GmbH.
5. Payment modalities
a. The customer is obliged to pay for the services ordered and any other services used at the prices
agreed with GenoHotel GmbH or at its standard prices. This shall also apply to services and
expenses of GenoHotel GmbH to third parties arranged by the customer, in particular also for
claims of copyright holders and their collecting societies in connection with events.
b. The separate price list details the applicable prices. Otherwise, agreements shall be made
directly before the contract is concluded and set out in writing.
c. If a minimum sales volume has been agreed and is not reached, GenoHotel GmbH may demand
60% of the difference as loss of prospective profits, unless the customer proves that the loss of
prospective profits is lower or GenoHotel GmbH proves that it is higher.
d. If there are more than four months between the conclusion of the contract and the event and if
the statutory value added tax changes, GenoHotel GmbH shall decide whether, and if so, how
the prices are to be adjusted.
e. Unless otherwise agreed, invoices from GenoHotel GmbH are payable without deduction within
10 days of receipt of the invoice. GenoHotel GmbH is entitled to declare at any time its accrued
receivables to be due and to demand immediate payment thereof. In the event of late payment,
GenoHotel GmbH is entitled to charge the applicable statutory default interest. GenoHotel
GmbH reserves the right to provide proof that the damage it incurred was greater.
f. The customer shall reimburse GenoHotel GmbH reminder costs of €5.00 for each reminder after
default has occurred. The customer is free to prove that no or much lower costs were incurred.
g. GenoHotel GmbH is entitled to demand an appropriate advance payment when the contract is
made or thereafter. The amount of the advance payment and the dates by which it must be paid
may be agreed in writing in the contract.
h. The customer may only offset or reduce an undisputed or legally binding receivable owed by
GenoHotel GmbH against a receivable owed to the hotel.
6. Withdrawal by the customer (cancellation)
a. Cancellation by the customer of the contract concluded with GenoHotel GmbH free of charge
requires the written consent of GenoHotel GmbH. If such consent is not given, the services
agreed in the contract as well as services arranged with third parties shall be paid in any case,
even if the customer does not make use of contractual services and it is no longer possible to
GENERAL TERMS AND CONDITIONS
re-let the facilities, which GenoHotel GmbH shall endeavour to do immediately after becoming
aware of the cancellation. This shall not apply in the event of breach of GenoHotel GmbH's
obligation to take into account the rights, legal interests and other interests of the customer, if
the customer can no longer reasonably be expected to adhere to the contract as a result or is
entitled to exercise other statutory or contractual rights of cancellation.
b. If a date by which the parties may withdraw from the agreement at no charge has been agreed
in writing between GenoHotel GmbH and the customer, the customer may withdraw from the
contract up to such date without incurring payment or compensation claims from GenoHotel
GmbH. The customer's right of cancellation expires if they do not exercise their right of
cancellation in writing to GenoHotel GmbH by the agreed date. This shall apply accordingly to
agreements on compensation amounts in the event of cancellation.
c. Unless otherwise agreed in writing in the contract, the following cancellation policy shall apply.
Cancellation deadlines
In the event of cancellation after the contract has been signed, the following shall apply:
0 - 10 days before arrival date = 90% of the expected revenue
11 - 20 days before arrival date = 50% of the expected revenue
21 - 41 days before arrival date = 25% of the expected revenue
42 or more days before arrival date = free cancellation
d. If the customer cancels the contract, GenoHotel GmbH is entitled to charge the expected
revenue in addition to the agreed rental price after the above-mentioned cancellation periods.
In order to consider the claim to the flat-rate cancellation fees of the contractor, we expressly
allow the client to provide evidence in accordance with Section 309 No. 5 BGB.
e. Once the event has started, it is no longer possible to reduce the number of participants. If
participants do not make use of agreed services, these will be invoiced as booked.
7. Withdrawal by GenoHotel GmbH
a. If the customer's right to cancel the contract free of charge within a certain period has been
agreed in writing, GenoHotel GmbH is entitled to cancel the contract within the same period if
enquiries from other customers for the contractually booked function rooms are received and
the customer does not waive its right of cancellation upon enquiry by GenoHotel GmbH.
b. If an agreed advance payment or an advance payment demanded in accordance with item I.5.7
above is not made, GenoHotel GmbH is also entitled to withdraw from the contract.
c. GenoHotel GmbH is also entitled to withdraw from the contract on reasonable grounds, such as
• force majeure or other circumstances for which GenoHotel GmbH is not responsible
that make fulfilment of the contract impossible;
• events/rooms that are booked based on misleading or false statements of material
facts, e.g. about the customer or purpose;
• GenoHotel GmbH has good reason to assume that the event might threaten its normal
business operations, the security or public reputation of GenoHotel GmbH, for
reasons not relating to GenoHotel GmbH's own area of control and organisation;
• violation of the prohibition of subletting / transfer to third parties.
d. In the event of justified cancellation by GenoHotel GmbH, the customer shall have no claim to
compensation.
8. Data processing and data protection
a. The customer's personal data (name, address, date of birth), all data relating to the order
including bank details are stored and processed for the purposes of contract processing as part
of electronic data processing.
GENERAL TERMS AND CONDITIONS
b. GenoHotel GmbH shall only use this data for the purposes of contract processing and within the
framework of the general business relationship with the customer in accordance with the
statutory provisions of the Federal Data Protection Act (BDSG). If third parties are involved in
the processing of the contract, the data protection regulations of the Federal Data Protection Act
on commissioned data processing shall be observed.
II.
Provisions for the provision of hotel rooms
Room provision, handover and return
a. Unless explicitly agreed in writing, the customer does not acquire any claim to provision of
particular rooms.
b. Booked rooms shall be available to the customer as of 3.00 pm on the agreed day of arrival.
The customer has no right to the earlier provision of rooms.
c. GenoHotel GmbH rooms must be vacated by 10.00 a.m. at the latest on the agreed day of
departure. Thereafter, GenoHotel GmbH may charge 50% of the full accommodation price until
3.00 p.m. and 100% from 3.00 p.m. due to the late vacating of the room for use in excess of the
contract. This shall not substantiate any contractual claims of the customer. The customer shall
be at liberty to demonstrate that GenoHotel GmbH is not entitled to a charge for use or only to
a significantly lower charge.
d. GenoHotel GmbH shall be liable for property brought on to the premises by customer in
accordance with the relevant statutory provisions. According to this, liability shall be limited to
fifty times the room rate, but no more than €3,000, and in the case of money, securities and
valuables up to a maximum of €800.
e. Messages, mail and consignments of goods for guests shall be handled with the greatest of
care. GenoHotel GmbH shall take care of delivery, storage and - on request - forwarding of the
same for a fee.
III.
Provisions relating to events
1. Exclusion of certain events, advertising and reporting
a. The customer is obliged to inform GenoHotel GmbH without being requested to do so, at the
latest upon conclusion of the contract, if the event is, due to its political, religious or other
character, likely to jeopardise the smooth running of the business, the security or the reputation
of GenoHotel GmbH in the public eye. In such cases, GenoHotel may withdraw from the contract
without compensation if the character of the event becomes apparent as such at a later date.
b. The rooms and areas provided may be sublet, and public invitations made or other advertising
may be used for interviews, sales or similar events, only with the prior written approval of
GenoHotel GmbH.
c. The customer is only entitled to display its own advertising media (posters, flags, etc.) outside
the buildings and grounds and inside the buildings, but outside the agreed event space, with the
prior authorisation of GenoHotel.
d. In its advertising for the planned event, the customer may refer to the GenoHotel GmbH website
with regard to necessary service information (directions, room plans, etc.); any further reference
to GenoHotel is subject to written approval.
e. Insofar as a visual recording is made on the occasion of an event, images may only be taken
outside the function room provided with the approval of GenoHotel GmbH.
f. GenoHotel GmbH is entitled to refer to the event planned by the customer in its published event
lists and to use the event in a suitable manner as a reference in its own advertising, unless this
was expressly excluded in writing upon conclusion of the contract.
2. Changes to the number of participants and the time of the event (only applies if no
diverging provisions have been made in the contract)
a. GenoHotel GmbH must be notified of a reduction of 20% or more of the agreed number of
participants no later than three weeks before the start of the event; this requires the written
consent of GenoHotel GmbH, which may make this dependent on the payment of reasonable
compensation.
b. GenoHotel GmbH must be notified of the definitive number of participants by the customer up
to 14 working days before the start of the event.
c. If more participants are added than originally booked, the actual number of participants will be
charged for.
d. If the number of participants diverges by more than 10%, GenoHotel GmbH is entitled to change
rooms if necessary, unless this is unreasonable for the customer.
e. If the agreed start or end times of the event are changed and GenoHotel GmbH agrees to such
changes, GenoHotel GmbH may charge a reasonable fee for the additional readiness to
perform, unless GenoHotel GmbH is at fault.
3. Bringing of food and drink to the event
In general, the customer may not bring his/her own food and drink to events. Exceptions to this
rule are subject to a written agreement with GenoHotel GmbH. In such cases, GenoHotel GmbH
is entitled to charge a fee to cover its overheads.
4. Technical equipment and connections; official permits
a. Insofar as GenoHotel GmbH obtains technical and other equipment from third parties for the
customer at the latter’s request, GenoHotel GmbH acts in the name, on behalf and for account
of the customer. The customer shall be liable for the careful handling and the proper and orderly
return of the equipment concerned. The customer shall indemnify GenoHotel GmbH against all
and any third-party claims arising from provision of such equipment.
b. The use of the customer's own electrical equipment connected to the GenoHotel GmbH power
grid shall require the consent of GenoHotel GmbH; this consent may be made contingent upon
the provision of a technician at the customer's expense. Any malfunctions or damage to the
technical equipment of GenoHotel GmbH caused by the use of such equipment shall be borne
by the customer, unless GenoHotel GmbH is responsible for them.
c. With the consent of GenoHotel GmbH, the customer is authorised to use its own telephone and
data transmission equipment, insofar as this is technically feasible. GenoHotel GmbH may
charge a connection or administration fee for this.
d. The customer shall obtain any permits required for the event in good time and at its own
expense. The customer shall be responsible for ensuring compliance with public-law
requirements and other regulations. This includes in particular the settlement of accounts with
collecting societies (GEMA etc.).
5. Liability of the customer for damage
a. If the customer is an entrepreneur or a legal entity under private or public law, the customer shall
be liable for all damage to buildings or inventory caused by event participants or visitors,
employees, other third parties from its sphere of influence or by itself.
b. GenoHotel GmbH may ask the customer to provide appropriate collateral (e.g. deposits,
insurance coverage, guarantees).
IV. Use of car park
If the customer - or their guests at events - use(s) a car park space, even for a fee, this shall not
constitute a safekeeping agreement. GenoHotel GmbH is not required to provide surveillance.
GenoHotel GmbH shall not be liable for loss of or damage to vehicles parked or manoeuvred
on the property of GenoHotel GmbH or their contents, except in cases of intent or gross
negligence. Any damage must be reported to GenoHotel GmbH immediately.