General Terms and Conditions

For reasons of better readability, the simultaneous use of the language forms male, female and diverse (m/f/d) is waived. All personal designations apply equally to all genders.

§1 Scope of application

1. These terms and conditions apply to contracts for the rental of bar, restaurant, banquet rooms and hotel rooms of the HIIVE Hotel Oldenburg Betriebs GmbH (hereinafter referred to as "HIIVE"), including all related services and supplies of HIIVE as well as for gastronomic service.
2. Subletting or re-letting of the rooms/areas provided require the prior written consent of HIIVE.
3. Terms and conditions of the organizer shall apply only if expressly agreed in writing.

§2 Conclusion of contract, -partners, liability, statute of limitations

1. The offers of the HIIVE are always subject to change.
2. The contract is only by the agreement and the sending of the written order confirmation of the HIIVE. All agreements that are made are to be in writing.
3. An agreement on deliveries and services is only binding for HIIVE if it has been confirmed in writing by both parties.
4. The contracting parties are the HIIVE and the customer. If the customer is not the organizer himself or if a commercial intermediary and organizer is engaged by the latter, they are jointly and severally liable with the organizer for all obligations under the contract, if a declaration of the organizer is available.
5. The HIIVE is liable with the diligence of a prudent businessman for its obligations under the contract. Claims of the customer for damages are excluded. Excluded from this are damages resulting from injury to life, body or health, if HIIVE is responsible for the breach of duty, other damages that are based on an intentional or negligent breach of typical contractual obligations of HIIVE. A breach of duty of HIIVE is equal to that of a legal representative or vicarious agent. If disruptions or defects in the services of the HIIVE occur, the HIIVE with knowledge or on immediate complaint of the customer will strive to ensure remedy. The customer is obligated to inform HIIVE in time about the possibility of an exceptionally high damage and to limit the possible damage to a minimum.
6. All claims against HIIVE are generally subject to a limitation period of one year from the statutory commencement of the limitation period. Claims for damages are subject to a limitation period of five years, irrespective of knowledge. The shortening of the statute of limitations does not apply to claims that are based on an intentional or grossly negligent breach of duty by HIIVE. 7.
7. With the conclusion of the contract, the contracting parties agree that the respective data can be used for the dispatch of general HIIVE information. The personal data will not be made available to third parties. The contractual partner may revoke the information at any time with effect for the future at hallo@hiive.de.

§3 Invoices, deposits, services, prices, payment

1. The organizer is obliged to pay the agreed prices of HIIVE for these services. This also applies to services and expenses of HIIVE to third parties in connection with the event.
2. All prices exclude any county or city tax and include the currently valid statutory VAT of 19% or 7%. Room rates are inclusive of the statutory sales tax of 7% on lodging. Future legally imposed tax or duty-related changes will affect the room rates accordingly. Increases in sales tax shall be borne by the contracting party. If the period between the conclusion of the contract and the event or arrival date exceeds four months and the price generally charged by HIIVE for such services increases, the contractually agreed price can be adjusted appropriately and in line with the market.
3. Invoices of the HIIVE without due date are to be paid within 14 days from receipt of the invoice without deduction. The HIIVE is entitled to call accrued claims at any time and demand immediate payment. In case of default of payment, HIIVE is entitled to charge the respectively applicable statutory default interest in the amount of currently 8.12%, or in case of legal transactions involving a consumer, in the amount of 4.12% above the base interest rate. The HIIVE reserves the right to prove damages.
4. Delay in payment of even one invoice entitles HIIVE to stop all further and future services for the organizer. Prerequisite is that HIIVE reminds the delay in payment by setting a deadline and pointing out the consequences. 5.
5. If the partial payment due before the event is not made, the HIIVE is entitled to refuse the service and to be compensated for the resulting damage. Further claims remain reserved.
6. Down payments: Up to a total amount (gross) of EUR 2,500.00, a credit card number, with validity date as a guarantee, must be provided 7 days before the start of the event / arrival. HIIVE is authorized to check the validity of the credit card and reserve amounts due. For events/groups of EUR 2,500.00 or more, 80% of the agreed or expected revenue must be transferred to the account specified by HIIVE no later than 25 days before the day of the event. If no advance payment has been received 21 days prior to arrival, the reserved rooms will be put on sale again.
7. For companies with headquarters abroad, HIIVE is entitled to demand an advance payment in the amount of the total amount. Furthermore, a valid credit card number must be deposited in addition to the deposit invoice. The HIIVE reserves the right to charge open services on the day of the event from the credit card.
8. Invoices are to be paid immediately in cash or by credit card. HIIVE is entitled to reject foreign currency, checks and credit cards. Vouchers from tour operators will only be accepted if a credit agreement exists with the company concerned or if corresponding advance payments have been made. A refund of unused services is excluded.
9. Acknowledgement - In the case of individual consumption billing, the tour operator is required to confirm the individual invoice receipts with his or her signature. Without signature, the unsigned invoice receipts serve HIIVE as the basis of the invoice without the right of objection.
10. The HIIVE pays commissions for all bookings made through agencies. The commission paid to travel agencies is a pre-determined value of the net room rate. Payment is made through HIIVE directly or through WPS, an appropriate service provider. 

§4 GEMA

1. All events subject to GEMA must be reported to GEMA in advance by the organizer. The fees of the GEMA are borne by the organizer. The HIIVE is exempted from that regarding all claims of the GEMA.

§5 Provision of motifs for film or photo shoots

1. Film or photo recordings for not exclusively private purposes, commercial recordings or recordings for public performance or broadcast require the written permission of the HIIVE and are subject to a fee. The exact conditions are regulated in a separate motif transfer contract.

§6 Cancellations, number of participants, withdrawal

1. Cancellations have to be made in writing.
2. Reservations made by the contracting party placing the order are binding for both contracting parties. In the event of cancellation by the contracting party placing the order, the contracting party shall pay the following damages, if any:
- no compensation, in case of written cancellation up to 90 days before start/arrival
- 50% compensation for the services ordered up to 45 days before the start/arrival date
- 70% compensation for the ordered services up to 30 days before the start/arrival date
- 90% compensation of the ordered services up to 7 days before start/arrival
3. For events where food and/or beverages are served, the organizer must give HIIVE the number of participants and the choice of food in a binding manner no later than 14 working days before the event.
4. In the event that the specified number of participants is increased by more than 20%, HIIVE must reserve the right to change the agreed sequence of dishes or the agreed prices. A deviating number of participants downward can be considered as follows:
- from 10 days to 5 days before the start of the event, 20% of the booked participants can be cancelled free of charge.
- from 4 days to 2 days before the start of the event 10% of the booked participants can be cancelled free of charge. Cancellations made the day before the event do not have to be considered.
5. Furthermore, HIIVE is entitled to withdraw from the contract due to factually justified circumstances, for example if:
- force majeure or other circumstances beyond the control of HIIVE make the fulfillment of the contract impossible.
- events are booked under misleading or false information of essential facts, for example the organizer or the purpose of the event
- reason to believe that the event may jeopardize the smooth operation, safety or public image of the HIIVE, without this being attributable to the organizational area of the HIIVE.
6. The HIIVE has to inform the organizer immediately of the exercise of the right of withdrawal.
7. There is no claim of the organizer for damages against the HIIVE, except for intentional or grossly negligent conduct of the HIIVE.
8. Cancellation costs will only be charged if the event rooms as well as other services can not be resold.

§7 Cancellations & fees

1-9 rooms

1. The hotels of HIIVE Hotels Group GmbH sell definitively reserved rooms on a guaranteed basis, i.e. rooms are also kept free after 18:00.

The deadline is in each case:

a. In the event of cancellation outside the deadline or no-show at HIIVE, 80% of the 1st night will be charged. The latest free cancellation is possible up to one (1) day before arrival at 6:00 pm

b. In the event of cancellation outside the deadline or no-show at NOORD, 80% of the total amount of the booking will be charged. Latest free cancellation possible up to three (3) days before arrival 6:00 pm

c. In the event of cancellation outside the deadline or no-show at Silt & Sand, 80% of the total amount of the booking will be charged. Latest free cancellation possible up to twenty-one (21) days before arrival 6:00 pm

2. Different cancellation conditions may apply during trade fair and event periods; these can be found in the respective booking confirmation.

3. For bookings with a minimum length of stay, 100% of the total costs must be paid in the event of early departure.

4. We reserve the right to charge for the additional services included in the final price booked. For booked wellness treatments, a free cancellation is possible up to 24 hours before the start of the treatment.

5. We reserve the right to charge or authorise the credit card deposited at the time of booking for the booked services at any time prior to arrival.

The above fees apply exclusively to flexible reservations. For reservations with ‘Early Bee’ prepayments, there is no refund of the services paid for.

10 and more rooms

For bookings of 10 rooms or more, an individual group or contingent offer with contract will be made. Bookings can only be made directly with the hotel. For these group enquiries & room contingents (this also includes weddings, dance events and events in the respective regions and hotels), special conditions apply.

§8 Extension of use, additional services

1. Reserved rooms are available to the organizer only within the period agreed in writing. Any use beyond this period requires the approval of HIIVE.
2. In the case of events that go beyond midnight, the HIIVE may charge each booked service person per hour or part thereof.
3. If the agreed time of the beginning or end of an event is postponed, the HIIVE is entitled to charge the contracting party all additional costs incurred. 4.
4. For set-up and dismantling work, which is supported, supervised or carried out by technicians of HIIVE, a rate of EUR 30.00 gross per hour and employee will be charged.
5. The costs arising in addition to the agreed contractual services, such as telephone, bar, additionally ordered food and beverages are to be paid by each event participant. If this does not happen, the organizer is liable as a whole. 6.
6. The organizer is not allowed to bring food and beverages to the event himself.
7. Packaging materials, exhibition or other objects brought to the event must be removed immediately after the end of the event. If the organizer fails to do so, HIIVE may remove and store them at the expense of the organizer. If the objects remain in the event room, HIIVE may charge room rent for the duration of their stay. The organizer reserves the right to prove a lower damage.

§9 Liability

1. The HIIVE is liable for its obligations under the contract. This liability is limited to deficiencies in performance, which are due to intent or gross negligence of HIIVE, except in the performance-typical area. In addition, the organizer is obliged to notify HIIVE in a timely manner of the possibility of damage.
2. As far as HIIVE procures technical and other equipment from third parties for the organizer at his instigation, it acts in the name, on behalf and for the account of the organizer. The organizer is liable for the careful handling and proper return. He exempts the HIIVE from all claims of third parties arising from this transfer. 3.
3. The use of the organizer's own electrical equipment using the power grid of the HIIVE requires written consent. By the use of these devices occurring disturbances or damages to the technical installations of the HIIVE are at the expense of the organizer, as far as the HIIVE is not responsible for them. The electricity costs arising from the use may be recorded and charged by the HIIVE as a lump sum.
4. Malfunctions in the technical or other facilities provided by HIIVE will be rectified immediately if possible. Payments can not be withheld or reduced, as far as the HIIVE is not responsible for these disruptions.
5. Exhibition or other, also personal objects, are at the own risk of the organizer in the event rooms or in the HIIVE. The HIIVE assumes no liability for loss or damage, except in cases of gross negligence or intent.
6. Decoration material brought along has to correspond to the fire police requirements. HIIVE is entitled to demand official proof. Because of possible damage, the installation and attachment of objects must be coordinated in advance with the HIIVE.
7. The organizer is liable for all culpably inflicted damage to buildings or inventory caused by event participants or visitors, other third parties from his area or himself.
8. The organizer is liable for the behavior of his employees, the event participants and other auxiliary personnel, as for his own behavior.
9. The HIIVE can require the contracting party to provide appropriate security (eg insurance, deposits, guarantees).

§10 Final provisions

1. Changes or additions to the general terms and conditions, the contract or the application acceptance for events or room reservations must be made in writing. Unilateral changes or additions by the organizer/orderer are ineffective. The organizer/orderer will be informed in writing of all changes. A right of objection of 4 weeks shall apply.
2. Place of performance and payment is Oldenburg, the registered office of HIIVE Hotels Group GmbH.
3. The exclusive place of jurisdiction, also for disputes regarding checks and bills of exchange, in commercial transactions shall be the registered office of HIIVE Hotels Group GmbH. If a contractual partner meets the requirements of § 38 paragraph 1 ZPO (German Code of Civil Procedure) and does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be deemed to be the registered office of HIIVE Hotel Group GmbH.
4. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and conflict of laws is excluded.
5. Should individual provisions of these terms and conditions be invalid or void, the validity of the remaining provisions shall not be affected. The same shall apply in the event of gaps in the contract. In all other respects, the statutory provisions shall apply.