General Terms and Conditions for the Hotel Accommodation Contract

I. Scope

1. These Terms and Conditions govern contracts for the rental use of hotel rooms for lodging purposes, as well as all other goods and services rendered by the Hotel for the Customer.

2. The prior written consent of the Hotel is required if rooms provided are to be sublet or rented to other parties or used other than for lodging purposes, whereby § 540, para. 1, sentence 2 German Civil Code (BGB) is waived if the Customer is not a consumer.

3. The Customer’s terms and conditions shall apply only if these have been expressly agreed upon in writing.

II. Conclusion of Contract, Contracting Parties, Statute of Limitations

1. The contract shall enter into effect upon the Hotel’s acceptance of the Customer’s application. At its discretion, the Hotel may confirm the room reservation in writing.

2. The parties to the contract are the Hotel and the Customer. If a third party places the order on behalf of the Customer, it shall assume joint and several liability in respect of the Hotel, in conjunction with the Customer, for all obligations arising from the Hotel Accommodation Contract, if and to the extent that the Hotel has received a declaration to such effect from the third party.

3. Any claims against the Hotel shall generally come under the statute of limitations one year after the commencement of the general statute of limitations period dependent upon knowledge of § 199,
para. 1 German Civil Code. Damage claims shall come under the statute of limitations after five years, independent of knowledge. The reduction of the statute of limitations period shall not apply for claims based on an intentional or grossly negligent breach of duty by the Hotel.

III. Services, Prices, Payment, Offset

1. The Hotel is obliged to hold ready the rooms booked by the Customer and to provide the other services agreed upon.

2. The Customer is obliged to pay the prices applied by or agreed upon with the Hotel for the provision of the accommodation and for any additional services used. The same shall apply in respect of the Hotel’s services and outlays to third parties by the Hotel at the Customer's request.

3. The prices agreed upon include the statutory value-added tax at the applicable rate. Should the period between conclusion and fulfillment of the contract exceed four months and should the price the Hotel generally charges for such services increase, then the Hotel may increase the price contractually agreed upon by a reasonable amount, subject, however, to a maximum of 5%.

4. Furthermore, if the Customer wishes to amend the number of rooms reserved, the services provided by the Hotel, or the length of guests' stay and if the Hotel gives its consent, the Hotel shall be entitled to change prices.

5. Invoices without a due date issued by the Hotel shall be due and payable in full within ten days of receipt. The Hotel shall be entitled at any time to render any accounts receivable due and payable and to request immediate payment. In the event of default on payment, the Hotel shall be entitled to demand the applicable statutory default interest in an amount of at present 8% or, in the case of legal transactions involving a consumer, in an amount of 5% above the base rate of interest. The Hotel reserves the right to demonstrate that it has incurred a greater loss.

6. The Hotel shall be entitled to request a reasonable prepayment or provision of a security upon conclusion of the contract or thereafter, with due consideration for the legal provisions for package tours. The amount of the prepayment and payment dates may be agreed upon in writing in the contract.

7. The Customer may offset only an uncontested or final claim against a claim by the Hotel.

IV. Rescission by the Customer (i. e. Countermanding of Order, Cancellation)/Failure to Use Hotel Services

1. Rescission by the Customer of the contract concluded with the Hotel shall require the Hotel’s written consent. If such consent is not received, the price agreed upon in the contract shall be due and payable even if the Customer does not use the contractual services. This shall not apply if, as a consequence of violations of obligations on the part of the Hotel, it is unreasonable to expect the Customer to abide by the contract or if the Customer is entitled to another statutory or contractual right of rescission.

2. If and to the extent that the Hotel and the Customer have concluded an agreement in writing on a date for rescission of the contract free of charge, the Customer shall be entitled to rescind the contract until that date without triggering any claims to payment or to compensation for the Hotel. The Customer's right of rescission shall lapse, unless the Hotel has received a declaration of rescission in writing by the date agreed upon, except in cases of rescission by the Customer in accordance with Nr. 1, sentence 3.

3. If the Customer does not use those rooms booked, the Hotel shall offset the revenue earned from leasing of the rooms to others and the expenses saved.

4. The Hotel shall be at liberty to request the fee agreed upon under the contract and to apply a flat-rate deduction for expenses saved. In such an event, the Customer shall be obliged to pay 80% of the contractually agreed rate for lodging with or without breakfast. The Customer shall be at liberty to demonstrate that the aforementioned right has not accrued or has not accrued in the amount demanded.

V. Rescission by the Hotel

1. If and to the extent that a right of rescission free of charge within a certain period was agreed upon in writing for the Customer, the Hotel shall also be entitled to cancel the contract during that period if inquiries from other Customers regarding the contractually booked rooms exist and the Customer does not waive his right of rescission upon inquiry thereof by the Hotel.

2. If a prepayment agreed upon or requested in accordance with clause III, Nr. 6 is not made, even after a reasonable extension set by the Hotel has expired, the Hotel shall also be entitled to rescind the contract.

3. Furthermore, the Hotel shall be entitled to effect extraordinary rescission of the contract for substantive cause, e.g. if

• force majeure or other circumstances for which the Hotel is not accountable make it impossible to fulfill the contract;

• rooms are booked making misleading or false statements as to material facts, e.g. regarding the person of the Customer or the purpose;

• the Hotel has justified cause to assume that use of the Hotel's services may jeopardize the smooth running of the business, the security of the premises or the Hotel's reputation in the public eye, in areas the Hotel is unable to control or to organize;

• clause 1, Nr. 2 above has been violated.

4. The Customer shall not be entitled to compensation in the event of justified rescission by the Hotel.

VI. Provision, Handover, and Return of Rooms

1. The Customer shall not acquire any right to the provision of specific rooms.

2. Rooms reserved shall be available to the Customer from 3 p.m. on the date of arrival agreed upon. The Customer shall not have any right to have them provided before that time.

3. The rooms shall be vacated and made available to the Hotel by 12.00 noon at the latest on the date of departure agreed upon. Thereafter, the Hotel shall be entitled to charge 50% of the full room price (list price) for delayed vacation of the room and its use outside the terms of the contract up to 6.00 p.m., and 100% from 6.00 p.m. onwards. No contractual rights shall be established for the Customer hereby. The Customer shall be at liberty to demonstrate that the Hotel has not accrued any right to payment for use or that any such right is significantly lower.

VII. Liability of the Hotel

1. The Hotel shall exercise the due diligence of a prudent businessman in the performance of its contractual obligations. Claims to compensation on the part of the Customer shall be excluded. Losses arising from harm to life, physical injury or damage to health where the Hotel is responsible for the breach of duty, other losses arising from a deliberate or grossly negligent breach of duty on the part of the Hotel, and losses arising from a deliberate or negligent violation by the Hotel of obligations typical for the contract shall be excluded herefrom. Any breach of duty by the Hotel shall be deemed equivalent to a breach of duty by a statutory representative or a vicarious agent. In the event of faults or defects in the services provided by the Hotel, the Hotel shall endeavor to seek a remedy when the defect becomes apparent, or in response to the complaint of the Customer, which must be lodged without undue delay. The Customer shall be obliged to take all reasonable measures to eliminate the fault and to keep any possible losses to a minimum.

2. The Hotel shall assume liability to the Customer in accordance with the statutory provisions, i.e. up to one hundred times the room rate, not exceeding € 3,500 for property brought onto the premises, and up to € 800 for cash, securities, and valuables. Cash, securities, and valuables up to a maximum value of € 6,000 may be stored in the Hotel or in-room safe. The Hotel recommends the use of this facility. Liability claims shall lapse unless the Customer advises the Hotel without undue delay of the loss, destruction, or damage (§ 703 German Civil Code, BGB). With regard to more extensive liability on the part of the Hotel, Nr. 1, sentences 2 to 4 supra shall apply respectively.

3. If and to the extent that a parking space in the Hotel's garage or on the Hotel’s parking lot is provided to the Customer at a charge or free of charge, this does not constitute a safekeeping agreement, even if a fee is exchanged. The Hotel shall assume no liability for loss of or damage to motor vehicles parked or maneuvered on the Hotel’s premises or to items in the vehicle or attached to it, excepting cases of intent or gross negligence. Nr. 1, sentences 2 to 4 supra shall apply respectively.

4. The Hotel shall make wake-up calls with due diligence. Messages, mail, and parcels for guests shall be handled with care. The Hotel shall assume responsibility for the delivery, storage and - upon request - the forwarding of same in return for a fee. Nr. 1, sentences 2 to 4 supra shall apply respectively.

VIII. Final Provisions

1. Amendments and additions to the contract, to the acceptance of application, or the present General Terms and Conditions for hotel accommodation shall be made in writing. Unilateral amendments or additions by the Customer shall not be valid.

2. Place of performance and payment is the location of the Hotel’s registered office.

3. The courts at the location of the Hotel’s registered office shall have exclusive jurisdiction for commercial matters, including disputes on checks and bills of exchange. If one contracting party fulfills the conditions of § 38, para. 2 of the German Code of Civil Procedure (ZPO) and does not have a general place of jurisdiction in Germany, the courts at the location of the Hotel’s registered office shall have jurisdiction.

4. German law shall apply. The application of the UN Convention on the International Sale of Goods and the conflict of laws are precluded.

5. Should any of the provisions of the present General Terms and Conditions for hotel accommodation be or become invalid or void, the validity of the remaining provisions shall not be affected thereby. The statutory regulations shall also apply.