I. SCOPE OF APPLICATON

1. These terms and conditions apply to contracts for the rental of hotel rooms for lodging purposes as well as all other services and deliveries provided by the hotel to the customer in this context (hotel accommodation contract). The term "hotel accommodation contract" includes and replaces the following terms: Accommodation Contract, Guest Accommodation Contract, Hotel Contract, Hotel Room Contract.

2. Subletting or re-letting of the rooms provided as well as their use for purposes other than accommodation shall require the prior consent of the hotel in text form.

3. The customer's general terms and conditions shall only apply if this has been expressly agreed in text form in advance.


II. CONCLUSION OF CONTRACT, CONTRACTING PARTIES, LIMITATION PERIOD

1. The contract is concluded by the hotel's acceptance of the customer's application. The hotel is free to confirm the room reservation in text form.

2. The contracting parties are the hotel and the customer. If a third party has placed an order on behalf of the customer, he shall be liable to the hotel together with the customer as joint and several debtors 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 are subject to a limitation period of one year from the start of the statutory limitation period. Claims for damages shall become statute-barred after five years, irrespective of knowledge, unless they are based on injury to life, body, health or freedom. These claims for damages shall become statute-barred after ten years, irrespective of knowledge. The reductions in the statute of limitations do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.


III. SERVICES, PRICES, PAYMENT, OFFSETTING, ELECTRONIC INVOICE TRANSMISSION

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

2. The customer is obligated to pay the agreed or applicable prices of the hotel for the provision of the room and the other services used by him. This also applies to services and expenses of the hotel to third parties arranged by the customer. The agreed prices include the respective statutory sales tax and any local dues. Not included are local contributions that are owed by the customer according to the respective legal provisions, e.g. visitor's tax.

3. In the event of a change in the amount of statutory value added tax or the introduction, amendment or abolition of local levies on the subject of performance after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this shall only apply if the period between conclusion and performance of the contract is at least four months.

4. The hotel may make its consent to a subsequent reduction requested by the customer in the number of rooms booked, the hotel's service or the customer's length of stay conditional upon a reasonable increase in the price for the rooms and/or for the hotel's other services.

5. Invoices of the hotel without a due date are payable without deduction within 10 days of receipt of the invoice. In the event of default in payment, the hotel shall be entitled to charge the respective applicable statutory default interest in the amount of currently 9 percentage points or, in the case of legal transactions involving a consumer, in the amount of 5 percentage points above the base interest rate. The hotel reserves the right to prove higher damages.

6. The hotel is entitled to demand an appropriate advance payment or security deposit from the customer upon conclusion of the contract, e.g. in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed in text form in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions shall remain unaffected.

7. In justified cases, e.g. payment arrears on the part of the customer or expansion of the scope of the contract, the hotel is entitled, even after conclusion of the contract until the beginning of the stay, to demand an advance payment or security deposit as defined in number 6 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.

8. The hotel is further entitled to demand from the customer a reasonable advance payment or security deposit within the meaning of number 6 above for existing and future claims arising from the contract at the beginning of and during the stay, insofar as such a payment has not already been made in accordance with numbers 6 and/or 7 above.

9. The customer may only offset an undisputed or legally binding claim against a claim of the hotel.

10. The customer agrees to any electronic transmission of the invoice by the hotel. However, the hotel shall not be obliged to transmit the invoice to the customer electronically.


IV. WITHDRAWAL OF THE CUSTOMER (CANCELLATION) / NON-UTILIZATION OF THE SERVICES OF THE HOTEL (NO SHOW)

1. The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been agreed in text form, a statutory right of withdrawal exists or the hotel expressly agrees to the withdrawal. The consent of the hotel requires text form.

2. If the hotel and the customer have agreed on a date for the cost-free withdrawal from the contract in text form, the customer can withdraw from the contract until then without triggering payment or damage claims of the hotel. The customer's right of withdrawal expires if he does not exercise his right of withdrawal towards the hotel in text form by the agreed date.

3. If the customer does not effectively withdraw from the contract concluded with the hotel, the hotel retains the claim to the agreed remuneration despite the customer's failure to make use of the service. In the case of rooms not used by the customer, however, the hotel shall credit 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 make a lump-sum deduction for expenses saved by the hotel. In this case, the customer is obliged to pay 90% of the contractually agreed price for overnight stays with or without breakfast. The customer is free to prove that the aforementioned claim has not arisen or has not arisen in the amount claimed.


V. WITHDRAWAL OF THE HOTEL

1. If it was agreed in text form that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is entitled for its part to withdraw from the contract during this period if there are requests from other customers for the contractually booked rooms and the customer does not waive his right to withdraw upon inquiry by the hotel.

2. If an agreed advance payment or security deposit, or one demanded above in accordance with Item III Numbers 6 and/or 7, 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 extraordinarily for factually justified reasons, for example if - force majeure or other circumstances beyond the hotel's control (such as closure orders due to a pandemic) make it impossible to fulfill the contract;

• rooms are culpably booked with misleading or false information or concealment of facts essential to the contract, e.g. concerning the person of the customer or his ability to pay or the purpose of his stay;
• the hotel has reasonable grounds to believe that the use of the hotel service may jeopardize the smooth operation of the business, the security or the reputation of the hotel in public, without this being attributable to the hotel's sphere of control or organization;
• the purpose or reason for the stay is unlawful;
• there has been a violation of Item I, Number 2 above.

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 does not acquire any right to the provision of certain rooms unless this has been expressly agreed in text form.

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

3. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 12:00 noon at the latest. Thereafter, the hotel may charge 50% of the full accommodation price (list price) due to the late vacating of the room for its use in excess of the contract until 4:00 p.m., from 4:00 p.m. 100%. Contractual claims of the customer are not justified by this. The customer is free to prove that the hotel has no or a significantly lower claim to a usage fee.


VII. LIABILITY OF THE HOTEL

1. The hotel is liable for damages for which it is responsible arising from injury to life, limb or health. Furthermore, it is liable for other damages based on an intentional or grossly negligent breach of duty by the hotel and for damages based on an intentional or negligent breach of typical contractual obligations of the hotel. Typical contractual obligations are those obligations that make the proper performance of the contract possible in the first place and on the fulfillment of which the customer relies on and may rely. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise provided for in this Section VII. In the event of disruptions or deficiencies in the hotel's services, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obligated to contribute what is reasonable to him in order to remedy the disruption and keep any possible damage to a minimum.

2. The hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions. Accordingly, the liability is limited to one hundred times the room rate, but not more than € 3,500 - and differently for money, securities and valuables not more than € 800. Money, securities and valuables can be stored in the room safe up to a maximum value of € 5,000. The hotel recommends making use of this possibility.

3. Insofar as a parking space is made available to the customer in the hotel garage or in a hotel parking lot, even for a fee, this does not constitute a safekeeping contract. In the event of loss or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel is liable only in accordance with the above number 1, sentences 1 to 5. The customer is advised that access to the hotel garage is only possible with vehicles that do not exceed a height of 2m.

4. Wake-up calls are carried out by the hotel with the utmost care. Messages, mail and merchandise shipments for the guests are handled with care. The hotel can, after prior consultation with the customer, take over the delivery, storage and - upon request - the forwarding of the same against payment. The hotel is liable only in accordance with the above number 1, sentences 1 to 5 accordingly.


VIII. OTHER NOTES

1. The hotel is a non-smoking hotel in the entire indoor area. Should a customer not take this into account, the hotel may charge a special cleaning fee in the amount of € 300 per room. The customer is free to prove that the special cleaning fee was not incurred or not incurred in the amount demanded. The hotel reserves the right to prove a higher damage.

2. The use of candles and incense by the customer or the lighting of open flames in the room provided is prohibited. Should a customer not take this into account, the hotel may charge a special cleaning fee in the amount of € 300 per room. The customer is free to prove that the special cleaning fee was not incurred or not incurred in the amount demanded. The hotel reserves the right to prove a higher damage.

3. The costs for triggering the fire alarm system due to non-contractual use and the associated fire department intervention shall be borne in full by the customer (approx. € 800).

4. Bringing dogs is allowed for an extra charge of € 20 per night and with prior notice. Other pets are allowed only after prior consultation with the hotel.


IX. PARTICIPATION IN THE DISPUTE SETTLEMENT PROCEDURE

The hotel is neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.


X. FINAL TERMS

1. Amendments and supplements to the contract, the application acceptance or these General Terms and Conditions shall be made in text form. Unilateral amendments or supplements are invalid.

2. The place of performance and payment is the location of the hotel.

3. The exclusive place of jurisdiction - also for disputes regarding checks and bills of exchange - in commercial transactions shall be the registered office of the hotel under company law. If a contractual partner fulfills the requirements of § 38 paragraph 2 ZPO (German Code of Civil Procedure) and does not have a 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 the conflict of laws 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 shall apply.