GENERAL TERMS AND CONDITIONS FOR HOTEL ACCOMMODATION CONTRACTS (as of January 2010)

I. SCOPE

1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and all other services and deliveries provided by the hotel to the customer in this context (hotel accommodation contract). The term "hotel accommodation contract" encompasses and replaces the following terms: accommodation contract, guest accommodation contract, hotel contract, hotel room contract
. 2. The subletting or re-letting of the rooms provided, as well as their use for purposes other than accommodation, require the prior written consent of the hotel, whereby § 540 (1) sentence 2 BGB (German Civil Code) is waived if the customer is not a consumer.
3. The customer's general terms and conditions shall only apply if this has been expressly agreed in writing in advance.

II. CONCLUSION OF THE CONTRACT, CONTRACTUAL PARTNERS, STATUTE OF LIMITATIONS

1. The contract is concluded upon acceptance of the customer's application by the hotel. The hotel is free to confirm the room
reservation in writing. 2. The contracting parties are the hotel and the customer. If a third party has made the reservation on behalf of the customer, they shall be jointly and severally liable to the hotel with the customer for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
3. All claims against the hotel shall generally become time-barred one year after the start of the statutory limitation period. Claims for damages expire after five years, regardless of knowledge, unless they are based on injury to life, limb, health, or freedom. These claims for damages expire after ten years, regardless of knowledge. The shortened limitation periods do not apply to claims based on an 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 agreed or applicable hotel prices for the provision of rooms and any other services used by him. This also applies to services and expenses incurred by the hotel to third parties at the customer's request. The agreed prices include the applicable statutory value added tax.
3. The hotel may make its agreement to a subsequent reduction in the number of rooms booked, the hotel's services, or the customer's length of stay requested by the customer dependent on an increase in the price for the rooms and/or other services provided by the hotel.
4. Hotel invoices without a due date are payable without deduction within 10 days of receipt of the invoice. The hotel may demand immediate payment of due claims from the customer at any time. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest, currently 8%, or, in the case of legal transactions involving a consumer, 5% above the base interest rate. The hotel reserves the right to prove higher damages.
5. The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract in the form of a credit card guarantee, a down payment, or similar. The amount of the advance payment and the payment dates can be agreed in writing in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected.
6. In justified cases, e.g., payment arrears on the part of the customer or extension of the scope of the contract, the hotel is entitled, even after conclusion of the contract, to demand an advance payment or security deposit within the meaning of No. 5 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration until the start of the stay.
7. The hotel is also entitled to demand a reasonable advance payment or security deposit from the customer at the beginning and during the stay within the meaning of No. 5 above for existing and future claims arising from the contract, insofar as this has not already been provided in accordance with Nos. 5 and/or 6 above.
8. The customer may only offset or set off a claim against a claim of the hotel if the claim is undisputed or legally binding.

IV. WITHDRAWAL BY THE CUSTOMER (CANCELLATION, CANCELLATION) / NON-USE OF THE HOTEL'S SERVICES (No Show)

1. The customer's withdrawal from the contract concluded with the hotel requires the hotel's consent in writing. If this is not given, the agreed price from the contract must be paid even if the customer does not make use of the contractual services.
2. If a date for free withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer may withdraw from the contract until that date without triggering any payment or compensation claims by the hotel. The customer's right of withdrawal expires if he does not exercise his right of withdrawal in writing to the hotel by the agreed date.
3. In the case of rooms not used by the customer, the hotel shall offset the income from renting these rooms to other parties as well as the expenses saved. If the rooms are not rented to other parties, the hotel may demand the contractually agreed remuneration and charge a flat rate for the deduction for expenses saved by the hotel. 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 and 60% for full-board arrangements. The customer is free to prove that the aforementioned claim has not arisen or has not arisen in the amount demanded.

V. WITHDRAWAL BY THE HOTEL

1. If it has been contractually agreed that the customer may withdraw from the contract free of charge within a certain period, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers for the contractually booked rooms and the customer does not waive his right of withdrawal upon inquiry by the hotel.
2. If an agreed advance payment or security deposit or a deposit demanded in accordance with Section III, Nos. 5 and/or 6 above is not made even after a reasonable grace period set by the hotel has expired, the hotel shall also be entitled to withdraw
from the contract. 3. Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, for example if
– force majeure or other circumstances beyond the hotel's control make it impossible to fulfill the contract;
– rooms or spaces are booked culpably under misleading or false statements of facts essential to the contract, e.g., regarding the customer's identity or the purpose of their stay;
– the hotel has reasonable grounds to believe that the use of the hotel's services may jeopardize the smooth running of the business, the safety, or the public image of the hotel, without this being attributable to the hotel's sphere of control or organization;
– the purpose or occasion of the stay is illegal;
– there is a violation of the above-mentioned
section I no. 2 4. In the event of justified withdrawal by the hotel, the customer shall not be entitled to compensation.

VI. ROOM PROVISION, HANDOVER, AND RETURN

1. The customer shall not be entitled to the provision of specific rooms unless this has been expressly agreed in writing.
2. Booked rooms shall be available to the customer from 3:00 p.m. on the agreed day of arrival. The customer shall not be entitled to earlier provision.
3. On the agreed departure day, the rooms must be vacated and made available to the hotel by 12:00 noon at the latest. After that, the hotel may charge 50% of the full accommodation price (list price) for use of the room beyond the contractual period until 6:00 p.m. and 100% after 6:00 p.m. due to the delayed vacating of the room. This does not justify any contractual claims on the part of the customer. The customer is free to prove that the hotel has incurred no or a significantly lower claim for usage fees.

VII. LIABILITY OF THE HOTEL

1. The hotel is liable for its obligations under the contract. Claims for damages by the customer are excluded. This does not apply to damages resulting from injury to life, limb, or health if the hotel is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by the hotel, and damages based on an intentional or negligent breach of typical contractual obligations of the hotel. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent. Should disruptions or defects occur in the hotel's services, the hotel will endeavor to remedy the situation upon becoming aware of it or upon immediate complaint by the customer. The customer is obliged to contribute what is reasonable to remedy the disruption and minimize any possible damage.
2. The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions. According to these provisions, liability is limited to one hundred times the room price, but not exceeding €3,500, and, in deviation from this, for money, securities, and valuables, not exceeding €800. Money, securities, and valuables can be stored in the hotel or room safe up to a maximum value of €1,500. The hotel recommends making use of this option.
3. If the customer is provided with a parking space in the hotel garage or on the 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 motor vehicles parked or maneuvered on the hotel premises and their contents, except in cases of intent or gross negligence. The provisions of the above number 1, sentences 2 to 4, apply accordingly to the exclusion of claims for damages by the customer.
4. Wake-up calls are carried out by the hotel with the utmost care.
Messages, mail, and goods sent to guests will be handled with care. The hotel will deliver, store, and, upon request, forward such items for a fee. The provisions of the preceding paragraph 1, sentences 2 to 4, shall apply accordingly to the exclusion of claims for damages by the customer.

VIII. FINAL PROVISIONS

1. Amendments and additions to the contract, the acceptance of applications or these General Terms and Conditions should be made in writing. Unilateral amendments or additions by the customer are invalid.
2. The place of performance and payment is the location of the hotel.
3. The exclusive place of jurisdiction – also for disputes concerning checks and bills of exchange – in commercial transactions is the registered office of the hotel. If a contractual partner fulfills the requirements of § 38 (2) ZPO (German Code of Civil Procedure) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel under company law.
4. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and conflict of laws provisions is excluded.
5. Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions
of the German Hotel Association (IHA) e. V. shall apply. Status: January 2010