I. Scope
The following terms (hereinafter referred to as the “Terms”) apply to contracts regarding the participation in the “Casa Lawa x Design Hotels Retreat” (hereinafter referred to as the “Retreat”) between Design Hotels GmbH (hereinafter referred to as the “Design Hotels”) and the participant of the Retreat (hereinafter referred to as the “Attendee”). Counter-confirmations by Attendee quoting its own terms of business or terms of purchasing are hereby rejected. Terms deviating from these Terms shall only be valid if they have been confirmed in writing by Design Hotels.
II. Conclusion of contract and sign-up
Attendee submits a binding offer by signing up for the Retreat in the online booking. The contract will be concluded when Attendee registers online.
Attendees may sign up for the Retreat(s) via Design Hotels’ Retreat website.
III. Payment and Refund
Attendees shall pay the full Retreat fee including accommodation, F&B, and programming as outlined in the retreat booking page.
The following costs are not included in the Retreat fee: flights, transport, travel insurance, excess baggage charges, tipping, and any food, beverage, excursions, or activities not explicitly confirmed as part of the Retreat program. Additionally, Design Hotels shall not be held liable for any third-party services or optional programming not expressly included in the Retreat fee. Any services or items purchased during the Retreat are also excluded unless specifically stated otherwise.
Design Hotels shall grant a partial refund of 50% of the Retreat fee if the Attendee notifies Design Hotels in writing two (2) months before the retreat begins. In all other cases, any fees or payments are non-refundable. Section VI remains unaffected.
IV. Pandemics
Experiences made in the past in the context of SARS-CoV 2 / COVID 19 have shown that many potential issues outside of Design Hotels’ control may arise. Design Hotels intends to offer Attendees Retreat(s) uninterrupted by pandemic and similar situations, but cannot and must not be held liable for any issues that may arise as a direct or indirect consequence of pandemics and similar occurrences such as implications of lockdown, sickness of any presenters or Design Hotels’ employees/volunteers and any restrictions that might now or in the future be introduced by the state and federal governments.
V. Retreat
Attendee agrees to abide by all fire, safety, and health regulations of the local, city, and state, where the Retreat(s) takes place. Attendee must comply with all applicable federal, state, local laws and ordinances, as well as Design Hotels’ policies and procedures as set forth below or as may be provided or explained to Attendee.
Attendees in violation of such rules and/or who behave in an unsafe or careless manner while attending the Retreat(s) may be asked to leave and be barred from returning to the Retreat without refund of the Attendee’s registration fee. Design Hotels reserves the right to deny entry to the Retreat(s) or remove from the Retreat(s) any person who is behaving or threatening to behave in a manner which Design Hotels, in its sole and absolute discretion, considers to be disruptive of the Retreat(s) or to its attendees.
The Retreat(s) are carefully prepared and implemented by qualified contributors. Design Hotels does not assume any liability for the timeliness, accuracy and completeness with regard to the Retreat(s) contents, the Retreat documents, and the usability of the Retreat(s) for professional or personal purposes of the Attendee.
VI. Insufficient number of participants. program changes. force majeure. postponement. cancellation.
If the Retreat(s) cannot be held due to an insufficient number of participants, the participants including the Attendee will be informed and cancellation due to insufficient number of participants will be made no later than four weeks before the respective Retreat. The Retreat fees will be refunded in such cases.
Design Hotels shall use reasonable endeavours to ensure that the Retreat(s) take(s) place in accordance with the event overview as described on the event website. Nevertheless, Design Hotels reserves the right to make necessary changes to the Retreat(s) program(s) while maintaining the overall character of the Retreat(s), in particular to replace announced contributors by others and to change the venue, provided that this is reasonable for the participants and the alternative venue is at least equivalent.
If a hindrance is caused by a non-appearance of a contributor or disruptions at the Retreat location as well as in cases of "force majeure" (these are cases such as war, revolutions, civil unrest, strikes, natural disasters or pandemics that are beyond Design Hotels’ sphere of influence), Design Hotels may postpone the Retreat to a reasonable new date, whereby an alternative date for non-seasonal Retreats within the next 12 months is generally considered reasonable. If a Retreat cannot be held within a reasonable period of time or if the "force majeure" lasts longer than three months, Design Hotels may cancel the event. Any fee already paid will not be refunded.
A claim for compensation of travel and accommodation costs as well as loss of working hours and other indirect damages is excluded unless such costs arise due to grossly negligent or intentional behavior on the part of Design Hotels. Design Hotels commits itself to do everything reasonable to contribute to the elimination or limitation of any disruptions in performance that may occur. Refund claims of a participant due to merely temporary disruptions of an event (especially in the case of digital events) are excluded.
VII. Consent to the sharing of personal data; film and photo recordings
Design Hotels maintains a list of all attendees that can be made available to all other attendees. Attendee therefore agrees that his/her name, his/her professional contact data and further personal data as submitted to Design Hotels can be shared with all other participants of the Retreat(s).
Moreover, Design Hotels will document the Retreat(s) and share photos and videos on the Retreat website and in other corporate and social media channels (such as Facebook, Instagram or LinkedIn). For that purpose, Design Hotels is going to produce photo and video recordings in the course of the Retreat(s). Attendee agrees that photo and video recordings of his/her person may be taken, and specifically agrees, that such recordings be subsequently published in Design Hotels and its partners’ media channels including Casa Lawa and Palazzo Daniele.
Attendees have the right to withdraw their respective consent at any time by contacting casalawa@designhotels.com. The decision to withdraw consent will not affect the Attendee’s participation in the retreat.
VIII. Liability
Design Hotels does not exclude its liability for malice and gross negligence. In the event of minor negligence, Design Hotels shall only be liable for a breach of a major contract duty, in particular the main obligations under the contract.
In the event of minor negligence, Design Hotels shall accept liability for typically foreseeable damages, but not for consequential damages and subject to a maximum of 10 times the value of the Retreat fees.
Design Hotels' liability for damages resulting from death, physical injury or health impairment caused by a negligent breach of duty by Design Hotels or malicious or negligent breach of duty by a legal representative or agent of Design Hotels shall be excluded from the above limitations of liability.
IX. Place of performance and place of jurisdiction
The place of jurisdiction for any and all legal disputes arising from the contract shall be Berlin, Germany, if the parties to the contract are business people, legal entities under public law or public law special funds or at least one of the parties to the contract does not have its general place of jurisdiction in the Federal Republic of Germany or moves its normal place of residence or normal place of business from the Federal Republic of Germany after the conclusion of the contract or its place of residence or personal whereabouts are not known at the time the lawsuit is filed.
Design Hotels shall also be entitled to file lawsuits at the Attendee's general place of jurisdiction. The place of performance for all duties arising from this contract shall be Berlin.
X. Applicable law and venue
The laws of the Federal Republic of Germany shall be exclusively applicable; the United Nations Convention on Contracts for the International Sale of Goods shall be excluded. The exclusive venue for any dispute arising in connection with these Terms or with the Retreat shall be Berlin, Germany.
XI. Concluding provision
If one or more provisions in this contract should be or become invalid in whole or in part, the remainder of the contract shall remain in force. Any invalid provisions shall be replaced by provisions which come as close as possible to the objective intended by the parties.