General Terms and Conditions

General Terms and Conditions for the Hotel Accommodation Agreement

1. Scope

1.1. These terms and conditions apply to of hotel rooms for accommodation as well as all for the customer provided additional services and supplies of the hotel.

1.2. The subletting or re-letting of the provided rooms as their use for purposes other than accommodation requires prior written consent from the hotel.

1.3. Conditions of the customer shall only apply if this is previously agreed.

2. contract, partner, liability; limitation

2.1. The contract is concluded by the acceptance of the customer's application by the hotel. The hotel is free to confirm the room booking in writing.

2.2. Contractual partners are the hotel and the customer. If a third party has ordered for the customer, he is liable to the hotel together with the customer as the joint debtor for all obligations under the hotel accommodation contract, provided that the hotel has a corresponding declaration from the third party.

2.3. The hotel is liable for its obligation under the contract. In the non-performance area, the liability is limited to intent and gross negligence of the hotel.

2.4. The limitation period for all claims of the customer is 6 months.

2.5. This limitation of liability and short limitation period apply in favor of the hotel even in case of breach of obligations in the contract and positive breach of contract.

3. Services, prices, payment, offsetting

3.1. The hotel is obliged to keep the rooms reserved by the customer and to provide the agreed services.

3.2. The customer is obligated to pay for the room rental and the other services used by him or agreed hotel prices. This also applies to services provided by the customer and expenses of the hotel to third parties.

3.3. The agreed prices include VAT. Exceeds the period between conclusion of the contract and fulfillment of the contract 4 months and increases by the hotel in general for such services calculated price, this may raise the contractually agreed price appropriately, but by a maximum of 10 percent.

3.4. Prices may also be changed by the hotel if the customer subsequently wishes to change the number of booked rooms, the hotel's service or the length of stay of the guests, if the hotel agrees.

3.5. Invoices of the hotel without a due date are due within 10 days after access to the invoice payable without deduction. The hotel is entitled to make any accrued claims due at any time and to demand immediate payment. In case of late payment, the hotel is entitled to interest in the amount of 4 percent above the respective discount rate of the Deutsche Bundesbank. The customer reserves the proof of a lower, the hotel of a higher damage reserved.

3.6. The hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the statutory provisions for package travel. The amount of the advance payment and the payment dates can be agreed in writing in the contract.

3.7. The customer can only set off or reduce an undisputed or legally enforceable claim against a claim of the hotel.

4. Cancellation of the customer

4.1. A resignation of the customer from the contract concluded with the hotel requires the written consent of the hotel. If this is not the case, then the agreed price from the contract is payable even if the customer does not use contractual services. This does not apply in cases of delayed performance of the hotel or any impossibility of providing services for which it is responsible.

4.2. Insofar as an appointment for withdrawal from the contract has been agreed in written form between the hotel and the customer, the customer can cancel the contract, without triggering payment or damage claims of the hotel. The customer's right of withdrawal lapses if he does not exercise his right to withdraw from the contract in writing vis-à-vis the hotel by the agreed date, unless there is a case of delayed performance of the hotel or an impossibility to provide services.

4.3. In the case of rooms not used by the customer, the hotel shall offset the income from other rental of the rooms as well as the saved expenses.

4.4. The hotel is free to generalize the damage incurred by the customer and to be compensated by the customer. The customer is then required to pay 90 percent of the contractually agreed price for overnight stay with or without breakfast, 70 percent for half-board and 60 percent for full-board arrangements. The customer is free to prove that no damage has occurred or that the damage incurred by the hotel is lower than the required lump sum.

5. Resignation of the hotel

5.1. If a right of withdrawal of the customer within a certain period has been agreed in writing, the hotel in this period in turn entitled to withdraw from the contract, if the request of other customers for the contractually booked rooms and the customer on request of the hotel on his right to withdraw waived.

5.2. If an agreed advance payment is not made even after a reasonable grace period set by the hotel with a threat of refusal, the hotel is also entitled to withdraw from the contract

5.3. Furthermore, the hotel is entitled to withdraw from the contract for a materially justified reason, for example if: • Force majeure or other circumstances for which the hotel is not responsible make fulfillment of the contract impossible • Rooms misleading or misrepresentation material Facts, e.g. in the person of the customer or the purpose to be booked • The hotel has reason to believe that the use of the hotel services may jeopardize the smooth operation, security or reputation of the hotel in public, without this being attributable to the hotel's sphere of control or organization

5.4. The hotel must notify the customer of the exercise of the right of withdrawal without delay.

5.5. In case of justified cancellation of the hotel no claim of the customer for compensation for damages arises.

6. Room preparation, - Handover and return

6.1. The customer does not acquire the right to the provision of a certain room.

6.2. Booked rooms are available to the customer from 03 pm of the agreed arrival day. The customer has no right to earlier availability.

6.3. Rooms must be vacated at the latest by 12 noon on the agreed day of departure. Thereafter, in addition to the damage resulting therefrom, the hotel may charge 50% of the full price for the additional use of the room until 06 pm (list price), from 06 pm 100 %. The customer is free to prove to the hotel that no or a significantly lower damage has occurred

7. Liability of the hotel

7.1. The hotel is responsible for the care of a proper businessman. Liability is in the non-performance area, but limited to performance defects, damages, consequential damages or disturbances, which are due to intent or gross negligence of the hotel. Should faults or deficiencies in the services occur, the hotel will make every effort to remedy the situation, if the customer knows or is promptly notified. The customer is obliged to contribute to what is reasonable for him, in order to remedy the disturbance and to minimize possible damage.

7.2. The hotel is liable to the customer for property brought by the statutory provisions, ie, up to one hundred times the room rate, not exceeding 3,076.92 €, as well as money and valuables up to 769.23 €. Money and valuables can be kept up to a maximum of € 2564.10 in the hotel or room safe. The hotel recommends, to make use of this possibility. Liability claims expire if the customer does not notify the hotel immediately after gaining knowledge of loss, destruction and damage (§ 703 BGB). 7.3 The unlimited liability of the hotel is subject to the statutory provisions.

7.4. As far as the customer is getting a parking space in the hotel garage or on the Hotel parking area, this is not a custody agreement. In case of loss or damage on the hotel grounds parked or shunted vehicles and their contents, the hotel is not liable, except in case of intent or gross negligence. This also applies to vicarious agents of the hotel.

7.5. Wake-up calls are carried out by the hotel with the utmost care. Claims for damages, except for gross negligence or intent, are excluded.

7.6. Messages, mail and merchandise for guests are handled with care. The hotel accepts the delivery, storage and - if desired - for a fee the forwarding of the same. Claims for damages, except for gross negligence or intent, are excluded.

8. Final provisions

8.1. Amendments or additions to the contract, the acceptance of the application or these terms and conditions for the hotel reception should be made in writing. Unilateral changes or additions by the customer are invalid.

8.2. Place of fulfillment and payment is the domicile of the hotel.

8.3. Exclusive place of jurisdiction - also for check and exchange disputes - is the seat of the hotel in commercial traffic. If a contracting party fulfills the requirements of § 38 (1) ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction is the registered office of the hotel.

8.4. German law applies.

8.5 Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become ineffective or void, this does not affect the validity of the remaining provisions. Moreover, the statutory provisions apply.