TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION AGREEMENT

I. Scope of Application

1. These terms and conditions apply to contracts for the temporary provision of hotel rooms for accommodation purposes, as well as all additional services and deliveries provided by the hotel to the customer.

2. Subletting or re-letting the provided rooms, as well as their use for purposes other than accommodation, requires the prior written consent of the hotel; § 540 paragraph 1 sentence 2 of the German Civil Code (BGB) is excluded insofar as the customer is not a consumer.

3. The customer’s terms and conditions shall only apply if this has been expressly agreed to in writing.

II. Conclusion of Contract, Prices, Payment, Set-Off

1. The contract is concluded upon the hotel’s acceptance of the customer’s application. The hotel is free to confirm the room booking in writing.

2. Contractual partners are the hotel and the customer. If a third party has placed the order on behalf of the customer, that party shall be jointly and severally liable with the customer to the hotel for all obligations arising from the hotel accommodation agreement, provided the hotel has received a corresponding declaration from the third party.

3. All claims against the hotel shall generally become time-barred one year from the commencement of the regular limitation period dependent on knowledge pursuant to § 199 para. 1 BGB. Claims for damages shall become time-barred independently of knowledge after five years. The shortening of limitation periods shall not apply to claims based on intentional or grossly negligent breach of duty by the hotel.

III. Services, Prices, Payment, Set-Off

1. The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.

2. The customer is obliged to pay the applicable or agreed prices of the hotel for the room provision and for any additional services used by the customer. This also applies to services and expenses incurred by the hotel at the customer’s request for third parties.

3. The agreed prices include the applicable statutory value-added tax. If the period between the conclusion of the contract and performance of the contract exceeds four months and the price generally charged by the hotel for such services increases, the hotel may increase the contractually agreed price accordingly, but by no more than 5%.

4. Prices may also be changed by the hotel if the customer subsequently requests changes to the number of rooms booked, the hotel’s services, or the length of stay of the guests and the hotel agrees to such changes.

5. Hotel invoices without a due date are payable in full within 10 days of receipt of the invoice. The hotel is entitled to declare accrued claims due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to charge the statutory default interest applicable at the time, currently 8%, or 5% above the base interest rate for legal transactions involving a consumer. The hotel reserves the right to prove higher damages.

6. The hotel is entitled, upon conclusion of the contract or thereafter, considering the legal provisions for package travel, to demand an appropriate advance payment; the payment dates may be agreed in writing in the contract.

7. The customer may only offset or reduce claims against claims of the hotel if the customer’s claim is undisputed or legally established.

8. Goods delivered shall remain the property of the seller until all claims arising from the business relationship between the seller and the buyer have been paid in full.

IV. Withdrawal by the Customer (Cancellation) / Non-Utilization of Hotel Services (No Show)

1. Withdrawal by the customer from the contract concluded with the hotel requires the hotel’s written consent. If such consent is not given, the agreed contractual price shall be payable even if the customer does not make use of the contractual services. This does not apply in the event of a breach by the hotel of its obligation to consider the customer’s rights, legal interests, and interests if this makes adherence to the contract unreasonable for the customer, or if another statutory or contractual right of withdrawal exists.

2. If a date for free withdrawal from the contract has been agreed upon between the hotel and the customer, the customer may withdraw from the contract up to that date without triggering payment or compensation claims by the hotel. The customer’s right of withdrawal expires if the customer does not exercise this right in writing vis-à-vis the hotel by the agreed date, unless a case of withdrawal pursuant to Section IV No. 1 sentence 3 applies.

3. For rooms not used by the customer, the hotel must credit the income from renting the rooms to other parties as well as the expenses saved.

4. The hotel is free to demand the contractually agreed remuneration and to lump-sum the deduction for saved expenses. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for overnight stays with or without breakfast, 70% for half-board arrangements, and 60% for full-board arrangements. The customer is free to prove that the above-mentioned claim has not arisen or has not arisen in the amount claimed.

V. Withdrawal by the Hotel

1. If a free right of withdrawal for the customer within a certain period has been agreed upon in writing, the hotel is entitled during this period to withdraw from the contract if inquiries from other customers for the contractually booked rooms are received and the customer does not waive their right of withdrawal upon inquiry by the hotel.

2. If an agreed advance payment or an advance payment demanded pursuant to Section III Nos. 5 and/or 6 is not made even after the expiry of a reasonable grace period set by the hotel, the hotel is also entitled to withdraw from the contract.

3. Furthermore, the hotel is entitled to withdraw extraordinarily from the contract for objectively justified reasons, for example, if

· Force majeure or other circumstances beyond the hotel’s control make performance of the contract impossible,

· Rooms are booked under misleading or false statements of essential facts, e.g. regarding the person of the customer or the purpose,

· The hotel has justified reason to believe that the use of the hotel services may jeopardize the smooth operation of business, the security, or the public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organization.

· There is a violation of the above Clause I No. 2.

4. In the event of a justified withdrawal by the hotel, the customer shall have no claim for damages.

VI. Room Provision, Handover and Return

1. The customer does not acquire any entitlement to the provision of specific rooms.

2. Booked rooms are available to the customer from 3:00 p.m. on the agreed day of arrival. The customer has no entitlement to earlier availability.

3. On the agreed day of departure, the rooms must be vacated and made available to the hotel by no later than 12:00 noon. Thereafter, due to the delayed vacating of the room, the hotel may charge 50% of the full accommodation price (list price) for use beyond the contract until 6:00 p.m., and 100% from 6:00 p.m. onwards. This does not give rise to any contractual claims by the customer. The customer is free to prove that no usage fee or a significantly lower usage fee has arisen for the hotel.

VII. Liability of the Hotel

1. The hotel is liable with the diligence of a prudent businessman for its obligations arising from the contract. Claims by the customer for damages are excluded. Excluded from this are damages resulting from injury to life, body, or health if the hotel is responsible for the breach of duty. Other damages resulting from intentional or grossly negligent breach of duty by the hotel, as well as damages resulting from intentional or negligent breach of typical contractual obligations of the hotel, remain unaffected. A breach of duty by the hotel is deemed equivalent to that of its legal representatives or vicarious agents.

2. The hotel is liable to the customer for items brought in, in accordance with statutory provisions, up to one hundred times the room price, but not exceeding EUR 3,500.00, and for money and valuables up to EUR 800.00. Money and valuables may be stored in the hotel or room safe up to a maximum value corresponding to the insurance sum of the respective hotel. The hotel recommends making use of this option. Liability claims expire if the customer does not notify the hotel immediately after becoming aware of loss, destruction, or damage (§ 703 BGB). For further liability of the hotel, the provisions of the above No. 1 sentences 2 to 4 apply accordingly.

3. If the customer is provided with a parking space in the hotel garage or on a hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. The hotel is not liable for loss of or damage to vehicles parked or maneuvered on the hotel premises or their contents, except in cases of intent or gross negligence. The provisions of the above No. 1 sentences 2 to 4 apply accordingly.

4. Wake-up calls are carried out by the hotel with the greatest care. Messages, mail, and goods deliveries for guests are handled with care. The hotel assumes delivery, storage, and—upon request and for a fee—forwarding of such items. The provisions of the above No. 1 sentences 2 to 4 apply accordingly.

VIII. Final Provisions

1. Amendments or supplements to the contract, the acceptance of the application, or these terms and conditions for hotel accommodation should be made in writing. Unilateral amendments or supplements by the customer are invalid.

2. The place of performance and payment is the registered office of the hotel.

3. Contact data may be used for advertising purposes.

4. The exclusive place of jurisdiction—also for disputes relating to checks and bills of exchange—is the registered office of the hotel in commercial transactions. If a contracting party fulfills the requirements of § 38 para. 2 ZPO and has no general place of jurisdiction within Germany, the registered office of the hotel shall be deemed the place of jurisdiction.

5. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict-of-law rules is excluded.

6. Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.

Effective as of 01 January 2022