9.1 Cancellation by Customers, general
9.1.1 The Customer is not entitled to cancel a Catering
Agreement, unless he at the same time makes a binding offer to pay
the amounts fixed below. Every Cancellation is considered to
include such an offer. Such an offer is considered to be accepted
if the Catering Establishment does not reject the offer forthwith.
Cancellation should take place in writing and be dated. The
Customer cannot derive any rights from a verbal Cancellation. The
stipulations in Clause 9 apply without prejudice to the
stipulations in other clauses.
9.1.2 The Catering Establishment may inform the Customer at the
latest one month before the first Catering Service based on the
relevant Catering Agreement is due to be provided that it will
regard certain Individuals as a Group. In that case all the
conditions for Groups apply to those persons.
9.1.3 The stipulations in Clauses 13.1 and 14.6 also apply to
Cancellations.
9.1.4 In the event of No-show, the Customer is in all cases
required to pay the Reservation Value.
9.1.5 In the event that not all the agreed Catering Services are
cancelled, the conditions below apply pro rata to the Catering
Services that are cancelled.
9.1.6 If one or more agreed Catering Services are completely or
partly cancelled, the periods in the following clauses shall be
increased by 4 months, if the Reservation Value of the cancelled
Catering Services amounts to more than the correspondingly
calculated value of the other Catering Services that the Catering
Establishment could have provided during the period in which the
cancelled Catering Services were to have been provided.
9.1.7 Any amounts which the Catering Establishment already owes
to third parties at the time of Cancellation based on the cancelled
Catering Agreement must at all times be fully reimbursed by the
Customer to the Catering Establishment, provided the Catering
Establishment has not acted unreasonably in entering into the
commitments in question. The amounts involved shall go towards a
reduction of the Reservation Value referred to in the following
clauses.
9.2 Cancellation of hotel
accommodation/lodgings
9.2.1 Groups
If a reservation for only hotel accommodation is made, either
with or without breakfast, for a Group then the following applies
to the Cancellation of this reservation.
a. In case of Cancellation more than 3 months before the time
when the first Catering Service should be provided under the terms
of the Catering Agreement, hereinafter called "the Commencement
Date", the Customer is not obliged to make any payment to the Hotel
Establishment.
b. In case of Cancellation more than 2 months before the
Commencement Date, the Customer is obliged to pay 15% of the
Reservation Value to the Hotel Establishment.
c. In case of Cancellation more than 1 month before the
Commencement Date, the Customer is obliged to pay 35% of the
Reservation Value to the Hotel Establishment.
d. In case of Cancellation more than 14 days before the
Commencement Date, the Customer is obliged to pay 60% of the
Reservation Value to the Hotel Establishment.
e. In case of Cancellation more than 7 days before the
Commencement Date, the Customer is obliged to pay 85% of the
Reservation Value to the Hotel Establishment.
f. In case of Cancellation 7 days or less before the
Commencement Date, the Customer is obliged to pay 100% of the
Reservation Value to the Hotel Establishment.
Individuals
If a reservation for only hotel accommodation is made, either
with or without breakfast, for a one or more Individuals then the
following applies to the Cancellation of this reservation.
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Cancellation can be done free of charge until 24 hours prior to
arrival.
9.3 Cancellation of restaurant/table
reservation
9.3.1 Groups
If a reservation for only a restaurant (table reservation) is
made for a Group then the following applies to the Cancellation of
that reservation:
1. if a menu has been agreed:
a. in case of Cancellation more than 14 days before the reserved
time no payment is due;
b. in case of Cancellation 14 days or less but more than 7 days
before the reserved time the
Customer shall pay 25% of the Reservation Value;
c. in case of Cancellation 7 days or less before the reserved
time the Customer shall pay 50% of
the Reservation Value;
d. in case of Cancellation 3 days or less before the reserved
time the Customer shall pay 75% of
the Reservation Value.
2. if no menu has been agreed:
a. in case of Cancellation more than twice 24 hours before the
reserved time no payment is due;
b. in case of Cancellation twice 24 hours or less before the
reserved time the Customer shall pay 50% of the Reservation
Value.
9.3.2 Individuals
If a reservation for only a restaurant (table reservation) is
made for one or more Individuals then the following applies to the
Cancellation of that reservation:
1. if a menu has been agreed:
a. in case of Cancellation more than four times 24 hours before
the reserved time no payment is due;
b. in case of Cancellation four times 24 hours or less before
the reserved time the Customer shall pay 50% of the Reservation
Value.
2. if no menu has been agreed:
a. in case of Cancellation more than twice 24 hours before the
reserved time no payment is due;
b. in case of Cancellation twice 24 hours or less before the
reserved time the Customer shall pay 50% of the Reservation
Value.
9.4 Cancellation of other Catering
Agreements
9.4.1 The following shall apply to the Cancellation of any
reservations not covered by Clauses 9.2 and 9.3.
9.4.2 The Cancellation of a Reservation made for a group shall
be subject to the following.
a. In case of Cancellation more than 6 months before the time
when under the terms of the Catering Agreement the first Catering
Service should be provided, the Customer is not obliged to make any
payment to the Catering Establishment.
b. In case of Cancellation more than 3 months before the said
time, the Customer is obliged to pay 10% of the Reservation Value
to the Catering Establishment.
c. In case of Cancellation more than 2 months before the said
time, the Customer is obliged to pay 15% of the Reservation Value
to the Catering Establishment.
d. In case of Cancellation more than 1 month before the said
time, the Customer is obliged to pay 35% of the Reservation Value
to the Catering Establishment.
e. In case of Cancellation more than 14 days before the said
time, the Customer is obliged to pay 60% of the Reservation Value
to the Catering Establishment.
f. In case of Cancellation more than 7 days before the said
time, the Customer is obliged to pay 85% of the Reservation Value
to the Catering Establishment.
g. In case of Cancellation 7 days or less before the said time,
the Customer is obliged to pay 100% of the Reservation Value to the
Catering Establishment.
9.4.3 The Cancellation of a Reservation made for one or more
individuals shall be subject to the following.
a. In case of Cancellation more than 1 month before the time
when under the terms of the Catering Agreement the first Catering
Service should be provided, the Customer is not obliged to make any
payment to the Catering Establishment.
b. In case of Cancellation more than 14 days before the said
time, the Customer is obliged to pay 15% of the Reservation Value
to the Catering Establishment.
c. In case of Cancellation more than 7 days before the said
time, the Customer is obliged to pay 35% of the Reservation Value
to the Catering Establishment.
d. In case of Cancellation more than 3 days before the said
time, the Customer is obliged to pay 60% of the Reservation Value
to the Catering Establishment.
e. In case of Cancellation more than 24 hours before the said
time, the Customer is obliged to pay 85% of the Reservation Value
to the Catering Establishment.
f. In case of Cancellation 24 hours or less before the said
time, the Customer is obliged to pay 100% of the Reservation Value
to the Catering Establishment.
9.5 Cancellation by the Catering
Establishment
9.5.1 The Catering Establishment is entitled to cancel a
Catering Agreement subject to the following, unless the Customer
has given written notice within seven days after the signing of the
said Catering Agreement requiring the Catering Establishment to
waive its powers to cancel the agreement, provided that the
Customer at the same time clearly states that he is also waiving
his own powers to cancel the agreement.
9.5.2 If the Catering Establishment cancels a Catering Agreement
to provide food and accompanying drink, the Clauses 9.1.1 and 9.3.2
apply correspondingly, transposing Customer and Catering
Establishment.
9.5.3 If the Catering Establishment cancels a Catering Agreement
other than the one referred to in Clause 9.5.2, then Clauses 9.1.1
and 9.2.2 apply correspondingly, transposing Customer and Catering
Establishment.
9.5.4 The Catering Establishment is at all times entitled to
cancel a Catering Agreement, without being obliged to pay the
aforementioned amounts, if there are sufficient indications that
the gathering to be held in the Catering Establishment on the
grounds of the Catering Agreement is of such a different character
from what might have been expected on the grounds of the Customer's
statement or on the grounds of the capacity of the Customer or
Guests, that the Catering Establishment would not have concluded
the agreement, if it had been aware of the actual nature of the
gathering. If the Catering Establishment exercises this right after
the gathering in question has started, the Customer shall be
obliged to pay for the Catering Services provided up to that point
in time, but the Customer's obligation to pay for the rest shall
cease to apply. In such an event, the payment for the Catering
Services provided shall be calculated in proportion to the time the
gathering was due to last.
9.5.5 Instead of exercising its right referred to in 9.5.4, the
Catering Establishment is entitled to set additional requirements
for the course of the gathering in question. If there are
sufficient indications that these requirements are not being (or
will not be) fulfilled, the Catering Establishment shall still be
entitled to exercise the right referred to in 9.5.4.
9.5.6 If and insofar as the Catering Establishment also acts as
a tour operator in the legal sense, the following shall apply with
regard to travel agreements in the legal sense. The Catering
Establishment may change an essential point in the travel
agreement, owing to important circumstances that are immediately
reported to the Customer. The Catering Establishment may also
change a non-essential point in the travel agreement, owing to
important circumstances that are immediately reported to the
Customer. Up to twenty days before the commencement of travel, the
Catering Establishment may increase the cost of the trip in
connection with changes in the cost of transport, including fuel
costs, the levies that are due, or the applicable exchange rates.
If the traveller refuses to accept any such change, the Catering
Establishment may cancel the travel agreement.