Imprint
Revo Club GmbH
Owner of the site & operating company
Revo München GmbH
Hauptstrasse 66
12159 Berlin
Deutschland
Contact
Phone: +49 8937799800
e-Mail: welcome@revo-club.com
USt-IdNr.: DE320489379
Competent bodies
Amtsgericht München
HRB243449
Field of activity
Hotellerie, Hotelmanagement
Bank details
Commerzbank
IBAN: DE39 1304 0000 0107 5696 00
BIC: COBADEFFXX
Representative
Managing Director: Carla Lopes, Jörg Beginen, Robert K. Kennedy
Information about online dispute resolution according to AstG and ODR-VO
Consumers have the option to submit complaints to the EU’s online dispute resolution platform: http://ec.europa.eu/odr . You can also submit your complaint directly to us at the following e-mail address: welcome@revo-club.com
Terms and Conditions Accommodations
1 AREA OF APPLICATION
1.1 These General Business Terms and Conditions apply to contracts on the provision for rental use of Revo rooms for lodging and to all other services and supplies provided to the customer by the Revo in this connection (Revo Accommodation Contract). They do not apply to package travel within the meaning of section 651a German Civil Code (BGB). The term Revo Accommodation Contract” encompasses and replaces the following terms: lodging, guest accommodation, Revo and Revo room contract.
1.2 The subletting or reletting of the rooms provided for use and the use thereof for any purposes other than those of lodging is subject to the prior consent of the Revo in text form, whereby the right to terminate pursuant to section 540 (1) sentence 2 of the German Civil Code (BGB) is excluded.
1.3 General business terms and conditions of the customer shall only be applicable if this has been explicitly agreed in text form.
1.4 For longstay bookings (> 30 nights & < 6 months) special terms apply. Stays and/or rentals > 6 months are not possible.
2 CONCLUDING THE CONTRACT, CONTRACT PARTIES
The Revo and the customer are the parties to the contract. The contract is concluded by acceptance by the Revo of the application made by the customer. If the booking is made via the Revo’s own web page, the contract is concluded by clicking the button “ZAHLUNGSPFLICHTIG BUCHEN” confirming the reservation and the customer’s obligation to pay.
3 SERVICES, PRICES, PAYMENT, OFF-SET
3.1 The Revo is obliged to keep the rooms reserved by the customer available and to render the services agreed.
3.2 The customer is obliged to pay the Revos prices that are agreed for or applicable to the provision of the room for use and to other services used by the customer. This also applies to services ordered by the customer either directly or through the Revo which are performed by third parties and paid for in advance by the Revo.
3.3 The prices agreed are inclusive of the taxes and local taxes applicable at the time when the contract is concluded. They do not include local taxes such as local visitor’s tax [Kurtaxe] which the guest owes himself or herself under local community law.
The prices shall be adjusted accordingly in the event of changes to the statutory value added tax or of the introduction, change or elimination of local taxes on the subject matter of the contract after the contract has been entered into. In the case of contracts with consumers, this only applies if the period of time elapsing between the date of conclusion of the contract and the date of performance of the contract is longer than four months.
3.4 If payment by invoice [Zahlung auf Rechnung] is agreed, payment shall be made within ten days of receipt of the invoice without any deductions being made, unless otherwise agreed.
3.5 When the contract is entered into, the Revo has the right to request a reasonable advance payment or security from the customer, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed in the contract in text form. The provisions of statute shall apply in the event of late payment by the customer.
3.6 In justified cases, for example if the customer is in arrears in payment or if the scope of the contract is extended, the Revo has the right to demand, even after the contract has been concluded up until the time when the residence commences, advance payment or security as set out in subsection 3.5 above or an increase in the amount of the advance payment or security agreed in the contract up to the full amount of the remuneration agreed.
3.7 Further, the Revo has the right to request, at the beginning and during the course of the customer’s stay, a reasonable advance payment or security within the meaning of subsection 3.5 above for existing and future claims under the contract, insofar as no such payment or security has already been made or provided pursuant to subsection 3.5 and/or 3.6 above.
3.8 The customer may only offset or net out an undisputed claim or a claim established by final and absolute court decision against a claim of the Revo.
3.9 The customer is in agreement with the invoice being sent to the customer by electronic transmission.
4 REVOCATION/ TERMINATION (“CANCELLATION”) BY THE CUSTOMER NO USE OF THE REVO SERVICES “NO SHOW”
4.1 It is only possible for the customer to unilaterally dissolve the contract concluded with the Revo if a revocation right has been explicitly agreed in the contract or if there is a statutory revocation right or termination right.
4.2 If the Revo and the customer have agreed upon a deadline for revocation of the contract free of charge, the customer may revoke the contract up until that date without triggering any claims for payment or damages by the Revo. The customer’s revocation right expires if the customer does not exercise this right vis-à-vis the Revo in text form by the agreed deadline.
4.3 If no revocation right has been agreed or if it has already expired, and if there is no statutory right of revocation or termination either, then the Revo retains its entitlement to the remuneration agreed although the service was not used. The Revo shall offset income from otherwise letting the rooms and saved expenditures. If the rooms are not otherwise let, the Revo can apply a flat rate for the saved expenditures. In this case the customer is obliged to pay 90% of the contractually-agreed price for overnight accommodation with or without breakfast and for package deals with third-party services, 70% for half board and 60% for full board. The customer is at liberty to demonstrate that the above claim did not arise or not in the amount claimed.
5 REVOCATION BY THE REVO
5.1 If it has been agreed that the customer may revoke the contract free of charge within a certain period, then the Revo has, for its part, the right to revoke the contract within this period if inquiries are made by other customers relating to the contractually reserved rooms and if the customer does not waive its revocation right after a request is made by the Revo and a reasonable time period set. This shall apply accordingly if the customer has been granted an option and if other inquiries are made and the customer is not prepared to make a firm booking after a request is made by the Revo and a reasonable time period set.
5.2 The Revo also has the right to revoke the contract if an advance payment or security agreed or required in accordance with subsection 3.5 and/or subsection 3.6 has not been paid after an appropriate period of grace set by the Revo has expired.
5.3 Further, the Revo has the right, for an objectively legitimate reason, to revoke the contract for extraordinary grounds, in particular in the event of
– force majeure or other circumstances for which the Revo is not responsible, which render performance of the contract impossible;
– rooms and spaces being reserved by culpably providing material facts that are wrong or misleading or by failing to provide material facts; in this context the term material can mean the identity of the customer, the customer’s ability to pay or the purpose of the residence;
– the Revo having reasonable grounds to assume that the use of the service can jeopardize the smooth running of the business, the safety or public reputation of the Revo without this being attributable to the area of responsibility or organization of the Revo
– the purpose of or the reason for the stay being in violation of the law;
– a breach of subsection 1.2.
5.4 Revocation by the Revo that is justified does not give the customer the right to claim damages. If, in the event of revocation under subsection 5.2 or 5.3 above, the Revo has a claim for damages against the customer, the Revo can claim this as a flat rate. In this case, subsection 4.3 shall apply accordingly.
6 MAKING THE ROOM AVAILABLE, HANDOVER AND RETURN
6.1 The customer does not acquire a right to the provision of specific rooms unless this has been explicitly agreed in text form.
6.2 The reserved rooms shall be available for use by the customer with effect from 15:00 hours on the agreed date of arrival. The customer has no right to earlier availability.
6.3 The rooms shall be vacated and available for use by the Revo by 12:00 noon at the latest on the agreed departure date. After this time, as the room was vacated late, the Revo has the right to charge for the room use exceeding that which was contractually agreed in an amount of 50% of the full accommodation price up until 18:00 hours and in an amount of 90% after 18:00 hours (price as per price list). This does not give rise to contractual rights of the customer. The customer is at liberty to demonstrate that the Revo did not acquire a claim for compensation for use or acquired a significantly lower claim.
7 LIABILITY OF THE REVO
7.1 The Revo is liable for damage which it is accountable for resulting from injury to life, body or health. It is further liable for other damage which is based on an intentional or grosslynegligent breach of duty of the Revo or on an intentional or negligent breach of duties of the Revo typical of the type of contract [vertragstypischen Pflichten]. Duties typical of the type of contract are those duties which enable the proper execution of the contract altogether and which the customer relies on being performed and is able to rely on being performed. A breach of duty of a statutory representative or person engaged in performance of an obligation of the Revo [Erfüllungsgehilfe] is equivalent to a breach of duty of the Revo More farreaching claims for damages are excluded unless otherwise provided for in this Section 7. If there should be any disruptions or deficiencies in the services of the Revo, the Revo shall endeavor to remedy this when it has knowledge thereof or upon a complaint being made without undue delay by the customer. The customer is obliged to contribute what it can be reasonably expected to contribute in order to remedy the disruption and minimize possible damage.
7.2 The Revo is liable to the customer in accordance with the provisions of statute for items brought with the customer. The Revo recommends the use of the Revo or room safe. If the customer wishes to bring with him or her money, securities or valuables valued at over Euro 800 or other property items valued at over Euro 3.500 a separate safekeeping agreement must be entered into with the Revo.
7.3 If the customer is provided with a parking space in the Revo garage or in the Revo parking lot, even if this is for payment, a custody contract is not concluded as a result. If cars parked or driven on the Revo premises or the contents thereof are lost or damaged, the Revo is only liable in accordance with sentences 1 to 4 of subsection 7.1 above.
7.4 Wake-up calls are made with great care by the Revo.
Messages for customers are treated with care. After prior agreement with the customer, the Revo can accept, store and – if desired – dispatch for a charge mail and consignments of goods. In this connection the Revo is only liable in accordance with sentences 1 to 4 of subsection 7.1 above.
8 FINAL PROVISIONS
8.1 Alterations and supplements to the contract, to acceptance of the application and to these General Business Terms and Conditions shall be made in text form. Unilateral changes or supplements are ineffective.
8.2 If the customer is a merchant or public law legal entity, the courts of Munich have exclusive jurisdiction and venue. The Revo can, however, at its election, also bring legal action against the customer at the place of the customer’s registered office. This also applies to customers not covered by sentence 1 above if they do not have their registered office or place of residence in an EU member state.
8.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
8.4 In compliance with its statutory obligation the Revo points out that the European Union has set up an online platform for the extrajudicial resolution of consumer disputes (“ODR platform”): http://ec.europa.eu/consumers/odr/
The Revo does not, however, participate in dispute resolution proceedings held before consumer dispute resolution bodies.
Terms and Conditions Events
1. AREA OF APPLICATION
1.1 These General Business Terms and Conditions apply to contracts on the provision for rental use of conference, banqueting and function rooms in the Revo to conduct events such as banquets, seminars, conferences, exhibi-tions and presentations etc. and to all other services and supplies provided to the customer by the Revo in this connection.
1.2 The sub-letting or re-letting of the rooms, spaces and showcases provided, and extending invitations to attend interviews, sales or similar events is sub-ject to the prior consent of the Revo in text form, whereby the right to termi-nate pursuant to section 540 (1) sentence 2 of the German Civil Code (BGB) is excluded.
1.3 General business terms and conditions of the customer shall only be applica-ble if this has been explicitly agreed in text form.
2. CONCLUDING THE CONTRACT, CONTRACTING PARTIES, LIABILITY
2.1 The Revo and the customer are the parties to the contract. The contract is concluded by acceptance by the Revo of the application made by the cus-tomer. The Revo can confirm the event booking in text form at its discretion.
2.2 The Revo is liable for damage which it is accountable for resulting from injury to life, body or health. It is further liable for other damage which is based on an intentional or grossly-negligent breach of duty of the Revo and/or on an in-tentional or negligent breach of duties of the Revo typical of the type of con-tract [vertragstypische Pflichten]. Duties typical of the type of contract are those duties which enable the proper execution of the contract altogether and which the customer relies on being performed and is able to rely on being per-formed. A breach of duty of a statutory representative or person engaged in performance of an obligation of the Revo [Erfüllungsgehilfe] is equivalent to a breach of duty of the Revo. More far-reaching claims for damages are ex-cluded unless otherwise provided for in Section 9. If there should be any dis-ruptions or deficiencies in the services of the Revo, the Revo shall endeavor to remedy this when it has knowledge thereof or upon a complaint being made without undue delay by the customer. The customer is obliged to con-tribute what it can be reasonably expected to contribute in order to remedy the disruption and minimize possible damage. In all other respects the cus-tomer is obliged to notify the Revo in good time of the possibility of an excep-tionally large amount of damage occurring.
3. SERVICES, PRICES, PAYMENT, OFF-SET
3.1 The Revo is obliged to render the services ordered by the customer and agreed by the Revo.
3.2 The customer is obliged to pay the Revo’s prices that are applicable or agreed for these and other services used. This also applies to services or-dered by the customer either directly or through the Revo which are per-formed by third parties and paid for in advance by the Revo. This also ap-plies, in particular, to claims by copyright collecting societies.
3.3 If a minimum amount of turnover has been agreed and is not achieved, the Revo may demand 60% of the difference as lost profit, unless the customer can demonstrate that less damage was incurred or the Revo can demon-strate that greater damage was incurred.
3.4 The prices agreed are inclusive of the taxes applicable at the time when the contract is concluded.
The prices shall be adjusted accordingly in the event of changes to the statu-tory value added tax after the contract has been entered into. In the case of contracts with consumers, this only applies if the period of time elapsing be-tween the date of conclusion of the contract and the date of performance of the contract is longer than four months.
3.5 If payment by invoice [Zahlung auf Rechnung] is agreed, payment shall be made within ten days of receipt of the invoice without any deductions being made, unless otherwise agreed.
3.6 When the contract is entered into, the Revo has the right to request a rea-sonable advance payment or security from the customer, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed in the contract in text form. The provisions of statute shall apply in the event of late payment by the customer.
3.7 In justified cases, for example if the customer is in arrears in payment or if the scope of the contract is extended, the Revo has the right to demand, even after the contract has been concluded up until the time when the event commences, advance payment or security as set out in subsection 3.6 above or an increase in the amount of the advance payment or security agreed in the contract, up to the full amount of the remuneration agreed.
3.8 The customer may only offset or net out an undisputed claim or a claim established by final and absolute court decision against a claim of the Revo.
3.9 The customer is in agreement with the invoice being sent to the customer by electronic transmission.
4. REVOCATION BY THE CUSTOMER (COUNTERMAND, CANCELLATION)
4.1 It is only possible for the contract concluded with the Revo to be unilaterally dissolved free of charge by the customer if a right to revoke the contract free of charge has been explicitly agreed in the contract or if there is a statutory right to dissolution of the contract free of charge.
4.2 If the Revo and the customer have agreed upon a deadline for revocation of the contract free of charge, the customer may revoke the contract up until that date without triggering any claims for payment or damages by the Revo. The customer’s revocation right expires if the customer does not exercise this right vis-à-vis the Revo in text form by the agreed deadline.
4.3 If no revocation right has been agreed in accordance with subsection 4.1 above or if it has already expired, and if there is no statutory right to dissolve the contract free of charge either, then the Revo retains its entitlement to the remuneration agreed pursuant to subsections 3.3, 4.4, 4.5 and 4.6 even if the service is not used. The Revo shall offset the income from other letting and saved expenditures. In this connection, a flat rate can be applied for the ex-penditures respectively saved; this amounts to 10% for individually itemized rental prices, otherwise the flat rate is in accordance with subsections 3.3, 4.4, 4.5 and 4.6. The customer is at liberty to demonstrate that the claim did not arise or not in the amount claimed. The Revo is at liberty to demonstrate that a higher claim arose.
4.4 If the customer revokes the contract 60 days or less before the date of the event, the Revo has the right to charge, in addition to the rental price agreed (less possible income or saved expenditures pursuant to subsection 4.3, sen-tence 2) and the costs of prepaid services pursuant to subsection 3.2, sen-tence 2, and/or an agreed minimum amount of turnover pursuant to subsec-tion 3.3, 35% of the lost revenue on
food and beverage consumption, 60% of the lost revenue on food and bever-age consumption in the event of revocation 30 days or less before the event and 85% of the lost revenue on food and beverage consumption in the event of revocation 10 days or less before the event. If events are for several days, the first day of the event shall be taken to calculate the relevant period. The customer is at liberty to demonstrate that the claim did not arise or not in the amount claimed. The Revo is at liberty to demonstrate that a higher claim arose.
4.5 The revenue on food and beverage consumption is calculated in accordance with the following formula: agreed menu price plus beverages x number of participants. If no price had yet been agreed for the menu, it shall be based on the most economical 3-course menu in the applicable event offer. Bever-ages are calculated at one third of the menu price.
4.6 If a flat rate conference fee has been agreed per participant, in the event of cancellation 60 days or less before the date of the event, the Revo has the right to charge 60%, in the event of cancellation 30 days or less prior to the event, to charge 75%, and 10 days or less prior to the date of the event, to charge 85% of the flat rate conference fee multiplied by the agreed number of participants. If the events are for several days, the first day of the event shall be taken to calculate the relevant period. The customer is at liberty to demonstrate that the claim did not arise or not in the amount claimed. The Revo is at liberty to demonstrate that a higher claim arose.
5. REVOCATION BY THE REVO
5.1 If it has been agreed that the customer may revoke the contract free of charge within a certain period, then the Revo has, for its part, the right to re-voke the contract within this period if inquiries are made by other customers relating to the contractually reserved event rooms and if the customer does not waive its revocation right after a request is made by the Revo and a rea-sonable time period set. This shall apply accordingly if the customer has been granted an option and if other inquiries are made and the customer is not pre-pared to make a firm booking after a request is made by the Revo and a rea-sonable time period set.
5.2 The Revo also has the right to revoke the contract if an advance payment or security agreed or required in accordance with subsection 3.6 and/or subsec-tion 3.7 has not been paid after an appropriate period of grace set by the Re-vo has expired.
5.3 Further, the Revo has the right, for an objectively legitimate reason, to revoke the contract for extraordinary grounds, in particular in the event of
– force majeure or other circumstances for which the Revo is not responsi-ble, which render performance of the contract impossible;
– events or rooms being reserved by culpably providing material facts that are wrong or misleading or by failing to provide material facts; in this con-text the term material can mean the identity of the customer, the custom-er’s ability to pay or the purpose of the residence;
– the Revo having reasonable grounds to assume that the event can jeopard-ize the smooth running of the business, the safety or public reputation of the Revo, without this being attributable to the area of responsibility or or-ganization of the Revo;
– the purpose of or the reason for the event being in violation of the law;
– a breach of subsection 1.2.
5.4 Revocation by the Revo that is justified does not give the customer the right to claim damages. If, in the event of revocation under subsection 5.2 or 5.3 above, the Revo has a claim for damages against the customer, the Revo can claim this as a flat rate. In this case, subsections 4.3 to 4.6 shall apply accordingly.
6. CHANGING THE NUMBER OF PARTICIPANTS AND THE TIME PERIOD OF THE EVENT
6.1 The Revo must be notified at least five working days prior to commencement of the event if the number of participants is increased by more than 5%; the consent of the Revo is required for this which shall be given in text form. The invoice shall be based on the actual number of participants, at least, howev-er, on 95% of the higher number of participants agreed. If the actual number of participants is lower, the customer has the right to reduce the price agreed by the amount of the expenditures additionally saved due to the lower number of participants, which amount shall be demonstrated by the customer.
6.2 The Revo shall be notified in good time, no later than five working days prior to commencement of the event, of a reduction of over 5% in the number of participants. The invoice shall be based on the actual number of participants, at least, however, on 95% of the number of participants ultimately agreed. Subsection 6.1, sentence 3 shall apply accordingly.
6.3 If the number of participants is reduced by over 10%, the Revo shall be entitled to exchange the rooms confirmed, taking account of a possible dif-ference in the rental price of the rooms, unless the customer cannot be rea-sonably expected to accept this.
6.4 If the agreed starting or ending times of the event are changed and the Revo agrees to such deviations, the Revo may charge appropriately for the provi-sion of additional service availability, unless the Revo is at fault.
7. BRINGING FOOD AND BEVERAGES TO THE EVENT
The customer may not bring food and beverages to events in principle. Any exceptions to this must be agreed in a contract with the Revo in text form. In such cases a reasonable amount shall be charged to cover overhead costs.
8. TECHNICAL DEVICES, CONNECTIONS AND OTHER EQUIPMENT
8.1 If the Revo procures technical devices, connections and/or other equipment from third parties for the customer at the customer`s request, then the Revo acts in the name of, with power of attorney for and for the account of the customer.
The customer is liable for the careful handling and proper return thereof. The customer shall indemnify the Revo from and against all third-party claims en-suing from the provision thereof.
8.2 The use by the customer of its own electrical equipment which uses the Revo’s electricity supply requires the consent of the Revo. Any damage to or malfunctions in the technical equipment of the Revo caused by the use of this equipment shall be borne by the customer, insofar as the Revo is not accountable for this. The Revo may calculate and charge a flat rate for the electricity costs incurred through such use.
8.3 The customer is entitled, subject to consent by the Revo, to use its own telephone, telefax and data transmission equipment. The Revo may charge a connection fee for this.
8.4 Any official permissions required for the event shall be procured by the customer itself in good time at its own expense. The customer is obliged to comply with all public-law regulations and other requirements.
8.5 The customer is responsible itself for handling the formalities and accounts necessary for procedures relevant under copyright law (e.g. music perfor-mance, film presentation, streaming services) with the responsible institu-tions (e.g. GEMA (German Society for musical performing and mechanical reproduction rights)).
8.6 Malfunctions in technical or other equipment provided by the Revo will be remedied promptly whenever possible. Payments may not be withheld or re-duced insofar as the Revo is not accountable for such malfunctions.
9. LOSS OF OR DAMAGE TO ITEMS OF PROPERTY BROUGHT TO THE PREMISES
9.1 Exhibition or other items, including personal property, brought with the cus-tomer are located in the event rooms and/or in the Revo at the risk of the customer. The Revo does not assume any liability for the loss, destruction or damage to or of such items, or for pecuniary damage, except in the event of gross negligence or intent by the Revo. Damage ensuing from injury to life, body or health is excluded from this. In addition, all cases where, due to the circumstances of the individual case, the safekeeping constitutes a duty typ-ical of the type of contract [vertragstypische Pflicht] are excluded from this exclusion of liability.
9.2 Decoration material and other items brought with the customer and the use thereof must comply with technical fire protection requirements and official regulations. The Revo is entitled to demand official proof of this. If no such proof is provided, the Revo shall be entitled to remove, at the customer’s ex-pense, any material that has been already brought in. Due to the possibility of damage, the erection and affixing of items shall be agreed with the Revo in advance.
9.3 Exhibition and/or other items brought with the customer shall be removed without undue delay after the end of the event. If the customer fails to do so, the Revo may remove and store the items at the customer’s expense. If the items are left in the event room, the Revo may charge adequate usage com-pensation for the period of time in which it is deprived of use of the room.
10. THE CUSTOMER’S LIABILITY FOR DAMAGE
10.1 If the customer is an entrepreneur, the customer is liable for all damage to the building and to the inventory which is caused by the event’s participants and/or visitors, employees, other third parties from its area of responsibility or by the customer itself.
10.2 The Revo may demand that the customer provide reasonable security, for example in the form of a credit card guarantee.
11. FINAL PROVISIONS
11.1 Alterations and supplements to the contract, to acceptance of the application and to these General Business Terms and Conditions shall be made in text form. Unilateral changes or supplements are ineffective.
11.2 If the customer is a merchant or public law legal entity, the courts of Munich have exclusive jurisdiction and venue. The Revo can, however, at its elec-tion, also bring legal action against the customer at the place of the custom-er’s registered office. This also applies to customers not covered by sentence 1 above if they do not have their registered office or place of residence in an EU member state.
11.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
11.4 In compliance with its statutory obligation the Revo points out that the European Union has set up an online platform for the extrajudicial resolution of consumer disputes (“ODR platform”): http://ec.europa.eu/consumers/odr/
The Revo does not, however, participate in dispute resolution proceedings held before consumer dispute resolution bodies.