HOTEL PRESS Service
General Terms and Conditions of Business,
last updated: 01.01.2007
§ 1 General – Scope
(1) Our General Terms and Conditions of Business shall apply exclusively. Unless we expressly accept their validity in written form, we shall not accept any other terms and conditions of our contractual partners if they deviate from or contradict our General Terms and Conditions of Business. Our Terms and Conditions of Business shall apply even if we carry out the delivery for the benefit of the contractual partner without reservation and in the knowledge of the existence of terms and conditions of our contractual partners that contradict or deviate from our General Terms and Conditions of Business.
(2) Our General Terms and Conditions of Business shall apply only in regard to contractual partners that are companies.
§ 2 Offer – Acceptance of offer
(1) The order made by the contractual partner shall be deemed as an offer. The contractual partner shall be bound to this offer for the duration of 2 weeks.
(2) Within a period of 2 weeks, we shall accept, reject or alter their order regarding the selection of magazines and order quantities in written form, generally via email.
(3) Any alteration of the order made by the contractual partner shall be deemed as a new offer by us. The contractual partner can then accept or reject this offer.
§ 3 Contractual subject matter - Termination - Prices – Terms of payment
(1) Within the scope of the HOTEL PRESS Service Contract, the contractual partner will be supplied with various magazines and newspapers according to the respective order for the sole purpose of providing them to guests of the hotel free of charge.
(2) The contract shall continue its validity from the date of the first delivery until further notice. Both parties to the contract shall be able to terminate the contract subject to a period of notice of six weeks. The termination shall become effective at the end of the respective following month.
(3) The applicable purchase prices are stated in the order and are to be invoiced plus the respective statutory VAT that is valid on the date of the invoice. Invoicing for the ordered publications shall be carried out on a monthly basis.
(4) Unless otherwise stated in the order confirmation, payment of the price shall be due 14 days after the invoice date.
(5) We shall be entitled to adjust the purchase prices in accordance with any increases that may occur in the prices of the publishing companies.
§ 4 Additional service: Partner hotel contract
(1) Contractual partners of our HOTEL PRESS Service Contract have the option of becoming partner hotels. For a monthly service fee, partner hotels shall be entitled to receive selected publications to pass on to their guests free of charge. No entitlement shall arise regarding the provision of specific press products or a specific amount of units of one publication. Furthermore, partner hotels shall receive the respective applicable discount on the catalogue prices of magazines and newspapers that are listed in the title catalogue.
(2) The flat rate service fee shall be paid in advance for one calendar year plus the respective statutory VAT.
(3) Unless otherwise stated in the order confirmation, payment of the price shall be due 14 days after the invoice date.
(4) The contract regarding this additional service shall be concluded for an unlimited period of time. Both parties to the Contract shall be able to terminate the Contract subject to a period of notice of six weeks. The termination shall become effective at the end of the respective following month.
The contract for the additional service for partner hotels shall be automatically terminated on the date of the effective termination of the Hotel Press Service Contract .
§ 5 Delivery
(1) The delivery shall be performed free of charge to the contractual partner's address. The publications shall be delivered according to their respective usual publication frequency plus a maximum period of 14 working days. Usually, national newspapers are delivered on the day of publication, international newspapers two days after the publication date. Any shortcomings in delivery are to be immediately brought to our attention.
(2) Delivery is subject to our own punctual and faultless receipt of the respective publications. Our obligation to deliver shall be suspended if delivery interruptions occur due to force majeure, strikes or similar events. The payment obligation of the contractual partner shall also be suspended for the respective period of time.
(3) The adherence to our obligation to deliver shall be subject to the punctual and proper performance of the obligations of the contractual partner.
(4) If the contractual partner defaults in acceptance or otherwise culpably fails to duly cooperate, we reserve the right to demand compensation for any resulting damages incurred by us including any extra expenses. We also reserve our right to assert further claims.
(5) Insofar as the conditions of Paragraph 3 are fulfilled, the risk of accidental loss or the accidental deterioration of the goods delivered shall pass to the partner hotel at the point in time when the partner hotel enters into default of acceptance or default of debt.
§ 6 Liability for Defects
(1) Claims by the contractual partner based on defects shall be subject to the contractual partner's dutiful and immediate inspection of the delivered goods and on condition that an immediate complaint is sent to us in written form within a maximum of two working days.
(2) Liability for damages shall be limited to foreseeable, typically occurring damages unless we can be accused of intentional breach of contract.
(3) We shall be liable in accordance with the statutory legal provisions in the event of our culpable fundamental breach of contract; in such a case the liability for damages shall, however, be limited to foreseeable, typically occurring damages.
(4) Insofar as the contractual partner is entitled to compensation for damages instead of performance, our liability shall be limited to foreseeable typically occurring damages, also within the scope of
(5) Unless otherwise stipulated herein above, any further liability shall be excluded.
(6) The period of limitation for claims based on defects shall be 12 months counted as of the passing of risk.
§ 7 Joint and several liability
(1) Liability for damages beyond the extent provided for herein above in Section 6 shall be excluded regardless of the legal nature of the asserted claim. We shall in particular be exempt from any claims for damages based on culpa in contrahendo, for any other breach of duty or for claims in tort for compensation of damage to property pursuant to Section 823 of the German Civil Code (BGB).
(2) The limitations stipulated in paragraph (1) shall also apply if the contractual partner claims compensation for futile expenses rather than performance instead of damages.
(3) To the extent that our liability for damages is limited or excluded, this shall also apply with regard to the personal liability of our employees, workers, staff, representatives and vicarious agents.
§ 8 Place of jurisdiction – Place of performance
(1) Insofar as the contractual partner is a company, our registered place of business shall be deemed the place of jurisdiction; however, we also reserve the right to take legal action at the court responsible for the contractual partner's registered place of business.
(2) Unless otherwise stated in the order confirmation, the place of performance shall be our registered place of business.
§ 9 Severability clause
In the event that any of the provisions of the contract concluded with the contractual partner, including these General Terms and Conditions of Business, are or become invalid, then this shall not affect the validity of the other provisions. The wholly or partly invalid provision shall be replaced by a provision which comes as close as possible to the original economic intention of the invalid provision.