Terms and conditions

GENERAL TERMS AND CONDITIONS FOR HOTEL ROOMS (AGBS)
I. SCOPE OF APPLICATION

1) These Terms and Conditions apply to contracts for the rental of hotel rooms for lodging purposes, including all other deliveries and services provided by the hotel for the customer.

2) The subletting or reletting of the rooms provided as well as their use for purposes other than lodging require the prior written consent of the hotel.

3) The customer’s terms and conditions shall apply only if previously agreed in writing.

II. SERVICES, PRICES, PAYMENT, SET-OFF

1) The hotel is obligated to hold ready the hotel rooms ordered by the customer and to provide the other agreed services.

2) The customer is obligated to pay the prices agreed upon or customarily charged by the hotel for the provision of rooms and any other supplies and services used. This also applies to deliveries and services (including ancillary services such as consumption, telephone calls, etc.) used by guests, visitors, etc. of the partners of the present contract.

3) The agreed prices include the respective statutory value added tax. If the period between the conclusion of the contract and the agreed date of arrival exceeds four months and if the prices generally charged by the hotel for the services covered by the contract increase, the contractually agreed price may be increased appropriately, but by no more than 10%.

4) If the customer subsequently wishes to change the number of rooms ordered, other services of the hotel or the length of stay of the guests, this requires the written consent of the hotel, which can be made dependent on a price adjustment.

5) Invoices of the hotel without due date are payable within 10 days from receipt of the invoice without deduction. If the hotel has granted the customer a term of payment or other credit and the

customer falls behind with this or with other payment obligations to the hotel, the term of payment or other credit can be revoked and all claims can be made due immediately. In the event of default of payment, the hotel is entitled to charge interest at the rate of 8% p.a.. The customer reserves the right to prove a lower, the hotel a higher damage.

III. WITHDRAWAL / CANCELLATION BY THE CUSTOMER

1) The Customer has the right to withdraw from the contract concluded with him regarding the rental of hotel rooms only if this has been agreed upon in writing in the contract. If any right of withdrawal has not been exercised within the agreed period of time, the right of withdrawal shall expire upon the expiration of the period of time and the contract shall become fully effective with the consequence that the customer shall pay the agreed consideration even if he does not make use of the ordered supplies and services, in particular the ordered rooms.

2) For room reservations with the normal standard rate, the rooms can be cancelled free of charge until 18:00 on the day of arrival. After 18:00, the hotel may assign the room to someone else.

3) For room reservations with a non-cancelable rate, there is no right to free cancellation. Free rebookings are only effective upon request and a new confirmation from the hotel.

4) For room reservations regardless of number during a confirmed trade show period, rates are non-refundable. Cancellations or changes in the length of stay will be charged at the full room rate. Reservations up to 5 rooms are payable immediately upon booking. For reservations of 5 rooms or more, a 50% deposit is required. The guest will receive an invoice from the hotel

directly after booking.

5) If and insofar as the customer does not make use of rooms ordered, the hotel shall credit the proceeds from renting the rooms to other parties as well as any expenses saved. The saved expenses are agreed at 10% of the room rate/night (including or excluding breakfast). The customer is free to prove a higher percentage for the calculation of the saved expenses.

The hotel recommends taking out travel cancellation insurance.

IV. WITHDRAWAL OF THE HOTEL

1) If and to the extent that a right of withdrawal free of charge has been agreed in writing for the benefit of the customer, the hotel is entitled for its part to withdraw from the contract within the period agreed for exercising the right of withdrawal if the hotel receives inquiries from third

parties regarding the rooms ordered by the customer and the customer, upon inquiry by the hotel, does not waive a right of withdrawal granted to it by communicating such facts.

2) If and to the extent that advance payments have been agreed with the customer and the customer fails to make such payments within a reasonable grace period set by the hotel with a threat of refusal, the hotel shall be entitled, at its option, to withdraw from the contract or to claim damages for non-performance. Section II. 2 shall apply accordingly to the assessment of damages.

3) Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, for example in the event of

– Force majeure or other circumstances for which the hotel is not responsible make performance of the contract impossible or unreasonably difficult for the hotel;

– rooms have been ordered under misleading or false statements of material facts, e.g. concerning the person of the customer or the purpose of the rental;

– the hotel has reasonable grounds to believe that the use of the hotel’s supplies and services may jeopardize the smooth operation of the hotel’s business or the hotel’s public safety or reputation, without this being attributable to the hotel’s sphere of control or organization;

– There is a violation of Section I. 2.

4) In case of justified withdrawal of the hotel, the customer is not entitled to compensation.

V. ROOM PROVISION, HANDOVER AND RETURN

1) Unless otherwise agreed in writing in individual cases, the customer has no claim to the provision of specific rooms within a room category.

2) Ordered rooms are available to the customer from 3:00 p.m. on the agreed day of arrival.

3) On the agreed departure day, the rooms must be returned to the hotel vacated by 11:00 a.m. at the latest. For any use beyond this time, the hotel may claim compensation for use as follows:

– until 6:00 p.m. 50% of the overnight rate (list price)

– from 6:00 p.m. 100% of the overnight rate (list price).

The customer is free to prove to the hotel that the hotel has suffered no or less damage. The hotel is free to prove a higher damage.

VI. DEFECTS, LIABILITY, STATUTE OF LIMITATIONS

1) Should any defects occur in the Hotel’s deliveries or services, or should the services be disrupted, the Customer must notify the Hotel immediately upon discovery – in any case prior to departure – so that the Hotel may, if necessary, remedy the situation as quickly as possible or restore the deliveries and services to contractual conformity. The customer is obligated to contribute what he can reasonably be expected to do and also otherwise to keep any damage to a minimum.

2) Insofar as the customer uses a parking space in the hotel parking lot – even for a fee – this is done outside of the contract, at the customer’s own risk, and the customer has no claim to compensation.

3) Wake-up calls are executed by the hotel with due diligence. In the event of non-execution or poor execution, however, claims for damages are excluded, unless the hotel has acted with gross negligence or intent.

4) Messages, mail and consignments of goods for the customer shall be handled with the care customary in the trade. The hotel shall be responsible for delivery, storage and – upon express request – forwarding of the same against payment. In the event of non-performance or poor performance, however, claims for damages are excluded, unless the hotel has acted intentionally or grossly.

5) In all other respects, the hotel’s liability in the area not typical for the service is limited to deficiencies in the service that are based on intent or gross negligence on the part of the hotel. This also applies in particular to claims based on warranted characteristics and culpa in contrahendo.

6) Claims of the customer due to non-performance or poor performance or for reasons of any other liability of the hotel shall become statute-barred – subject to any shorter statutory limitation period – at the latest in six months, calculated from the date of departure agreed according to the contract for the rental of hotel rooms.

VII. FINAL AGREEMENTS

1) Amendments and supplements to the contract for the rental of hotel rooms or to these Terms and Conditions must be made in writing in order to be effective.

2) The place of performance and payment is Frankfurt am Main, Germany.

3) The exclusive place of jurisdiction, also for disputes concerning checks and bills of exchange, is the court of the place of performance specified in Section VII.2. Its jurisdiction is hereby agreed in any case also in relation to those customers who meet the requirements of Section 38,

Paragraph 1 of the German Code of Civil Procedure (ZPO) and/or who do not have a general place of jurisdiction in Germany (whereby in the case of the latter, the Hotel shall also be entitled, at its discretion, to file suit in the customer’s general place of jurisdiction abroad).

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 the contract for the rental of hotel rooms and/or these Terms and Conditions be/or become invalid, this shall not affect the validity of the remaining provisions.