1. Area of application
1.1 These terms of business apply to agreements concerning the provision of conference/banquet/function rooms, hotel rooms and other areas of Europa Park for the purposes of holding events (functions, banquets, seminars and conferences, etc.), as well as for other related services within Europa Park.
1.2 Sub-letting or on-letting the rooms, surfaces, showcases or other leased areas always requires the written approval of Europa Park.
1.3 The organiser’s terms of business will only apply if this was expressly agreed in writing.
2. Contractual conclusion, partners and liability
2.1 The agreement is deemed to have been concluded as soon as Europa Park has confirmed the event, the rented rooms and surfaces and all other deliveries and services.
2.2 If the ordering party is not himself the organiser or if the organiser commissions the services of a commercial agent or broker, then he shall also be joint and severally liable together with the organiser for all obligations arising from this agreement.
2.3 Liability on the part of Europa Park for faults in the services is restricted to such faults as are based on culpable intent or gross negligence. The ordering party is not entitled to reduce the contractual payments. This does not affect the right on the part of the ordering party to demand that the faults be rectified; the ordering party will have no right to claim compensation for damages and expenses, regardless of the legal grounds, in particular due to violations of the debt relationship and on the basis of forbidden actions. This does not apply if there is mandatory liability, e.g. on the basis of the product liability law, in cases of culpable intent, gross negligence, injury to life, limb and health or the violation of significant obligations of the agreement. However, the right to claim compensation for damages due to significant obligations of the agreement is restricted to the contractually typical, predictable damage, provided that there is no culpable intent or gross negligence or there is liability due to injury to life, limb and health. This does not constitute a shift in the burden of proof to the disadvantage of the ordering party.
2.4 The ordering party is obligated to draw Europa Park’s attention to the possibility of significant damage occurring as soon as possible. The following applies to the overnight accommodation in the Europa Park Hotel and the consequent liability on the part of the hotelier: The hotel is liable towards the guest in accordance with the provisions of the German Civil Code. The hotel will bear no liability if the hotel room or receptacle sin which the guest deposited objects are left unlocked. Liability covers money and valuables in accordance with § 703 German Civil Code. The guests and the organisers are requested to ensure that valuables are deposited at reception. Money should be deposited openly in return for a receipt.
2.5 The ordering party is only entitled to offset claims raised by Europa Park arising from this agreement against undisputed or legally enforceable claims or such claims that are ready for decision; furthermore, the ordering party may only enforce a right of retention if it is based on this contractual relationship.
3. Services, prices and payment
3.1 Europa Park is obligated to provide the ordered and confirmed service.
3.2 The ordering party is obligated is obligated to pay the agreed price for these services. This applies accordingly to services and expenses accumulated or provided by Europa Park through third parties in connection with the event.
3.3 The agreed prices are inclusive of the statutory rate of value added tax. In he event that the period between the conclusion and the fulfilment of the agreement exceeds 4 months, and in the event that the prices calculated by Europa Park for this kind of services rises, the contractually agreed price can be increased appropriately, but by no more than 10 %.
3.4 Invoices from Europa Park that do not specify a maturity date must be paid in full within 14 days upon receipt thereof.
3.5 Europa Park is entitled at any time to demand an appropriate down payment. The amount of the down payment and the payment schedule can be defined in writing in the agreement.
4. Withdrawal on the part of Europa Park
4.1 In the event that a down payment as specified under item 3.5 is not paid although an appropriate grace period allowed to make payment as defined by Europa Park has passed, Europa Park will be entitled to withdraw from the agreement.
4.2 Europa Park must inform the ordering party without delay that the right of withdrawal will be enforced.
5. Withdrawal on the part of the organiser / cancellation of orders
5.1 In the event that the ordering party withdraws from the agreement, Europa Park will be entitled to charge for the agreed rent in the even that it is not able to dispose of the services elsewhere.
5.2 In the event that the ordering party withdraws from the agreement as late as between the 8th and the 4th week in advance of the event date, Europa Park will have the right to charge in addition to the agreed rent price a surcharge of 35 % of the lost turnover in restaurant proceeds and 70 % of the lost turnover in restaurant proceeds for any later cancellation.
5.3 The calculation of restaurant turnover takes place on the basis of the formula: menu price + banquet x number of persons. In the event that no price had been agreed for the menu, the calculation will be based on the most inexpensive 3-course meal in the event range offered at the given time.
5.4 Hotel room bookings can only be cancelled with the consent of the hotel. In the event of cancellation without consent after the 14th day preceding arrival, the ordering party will be charged 50 % of the room price. 80 % of the room price will be charged for cancellations after the 2nd day preceding arrival. The ordering party has the right to prove lower damage, while Europa Park has the right to prove higher damage.
5.5 Saved expenses in accordance with 5.2 and 5.4 are covered by this.
6. Changes in the numbers of participants and the time of the event
6.1 Europa Park or the responsible processing clerk must be informed at least 5 working days in advance of the event if the number of participants will change by more than 5 %. This requires the approval of the Europa Park.
6.2 Europa Park will give consideration to a reduction in the number of participants by no more than 5 % when rendering the accounts. If the reduction is in excess of this, the accounts will be based on the originally reported number of participants minus 5 %.
6.3 The accounts will lend consideration to the actual number of participants in the event that the originally reported number of participants is exceeded.
6.4 In the event that the number of participants deviates by more than 10 %, Europa Park is always entitled to redefine the agreed prices and to exchange the confirmed rooms, unless this cannot be justifiably expected of the ordering party.
7. Hotel arrival and departure, bringing in food and beverages
7.1 Unless there is another written agreement, the check-in-time is not possible before 3.30 p.m. on the day of arrival. The check-out-time for the rooms is 11 a.m. on the day of departure. The guest may only prolong the specified check-out-time beyond 11 a.m. with express consent. An agreement of this kind can only be made bindingly at reception by no later than 10 p.m. of the day preceding departure. In the event that the room is not cleared by 11 a.m., half of the room price must be paid until 6 p.m., and the full room price for any time after 6 p.m.
7.2 Reserved rooms must be checked in to by no later than 6 p.m. on the day of arrival. If this is not the case, the hotel is entitled to dispose of the room otherwise, provide that no later arrival time was expressly agreed.
7.3 In principle, the ordering party is not entitled to bring food and beverages to events. Exceptions require written agreement with the Europa Park. In these cases, a charge will be agreed in order to cover the overheads.
8. Technical facilities and connections
8.1 In the event that Europa Park is commissioned by the ordering party to procure technical or other facilities from third parties, Europa Park acts on behalf of, with the authorisation of and on the invoice of the ordering party. The ordering party is liable for treating the items with due care and for returning them in proper working order. The ordering party will exempt Europa Park from any claims raised by third parties concerning the provision of these facilities.
8.2 In the event that the ordering party wishes to use his own electrical systems within the Europa Park mains electric system, he will require written approval. The ordering party will be liable for malfunctions or damage to technical systems owned by Europa Park through the use of this equipment. This does not apply if Europa Park was responsible for the malfunction or damage. Europa Park is entitled to make a flat rate estimate of the electricity costs caused by the ordering party and to invoice for this.
8.3 Subject to prior consent from Europa Park, the ordering party is entitled to use his own telephone, telefax and data transmission systems. Europa Park may charge connection fees for this service.
8.4 Whenever possible, malfunctions to technical and other facilities made available by Europa Park will be rectified immediately. Payments may not be withheld or reduced if Europa Park is not responsible for said malfunction.
9. Loss or damage to items brought in
9.1 Exhibition or other, also personal items that are brought in are present in the event rooms or the hotel on the risk of the ordering party. Europa Park will accept no liability for loss, deterioration or damage, apart from in the event of gross negligence or culpable intent on the part of Europa Park or its staff.
9.2 A decoration material introduced to the rented space must comply with the fire brigade regulations. Europa Park is entitled to demand official verification of this. In order to prevent possible damage, the installation and assembly of objects must be coordinated in advance with Europa Park.
9.3 After the end of the event, the installations and other objects that were brought in must be removed immediately. In the event that the ordering party fails to do this, Europa Park is entitled to remove and store these objects and to charge the ordering party for this. In the event that the objects remain in the function room, Europa Park is entitled to charge for rent for the period said objects remain therein. The ordering party has the right to prove lower damage, while Europa Park has the right to prove higher damage.
10. Liability on the part of the organiser for damage
10.1 The ordering party is liable for all damage to the building or objects contained therein that is caused by participants at, or visitors to, the event or other third parties related to the ordering party or by the ordering party himself.
10.2 Europa-Park can demand that the organiser posts a suitable bond (e.g. insurance policies, deposits or suretyship).
11. Final provisions
11.1 Amendments of and supplements to this agreement and the acceptance of these terms of business for events should be made in writing. Any unilateral amendments or supplements on the part of the ordering party are null and void.
11.2 The place of fulfilment and payment is the seat of Europa Park.
11.3 The exclusive court of jurisdiction – including for disputes relating to cheques and bills of exchange – is the seat of Europa Park for commercial transactions. In the event that one of the contractual partners satisfies the requirements of § 38 section 1 Code of Civil Procedure and does not have a general court of jurisdiction in Germany, the court of jurisdiction at seat of Europa Park will apply.
11.4 German law will apply.
11.5 Should any of the provisions of this event agreement be null or void, this will not alter the effectiveness of the remaining provisions. The statutory provisions will apply otherwise.