General Business Terms and Conditions of Hotel Hübner GmbH

1 SCOPE

1.1 These Business Terms and Conditions apply to contracts for the renting out of hotel rooms for lodging, as well as to all further services and deliveries of the hotel that are provided for the guest in this connection.

1.2 The subletting or further letting of rented rooms as well as their use for purposes other than lodging requires the hotel’s prior written consent, whereby section 540 (1) sentence 2 of the German Civil Code (BGB) is waived where the guest is not a consumer.

1.3 Business terms and conditions of the customer are applicable only if this was expressly agreed upon in writing in advance.

2 CONTRACT CONCLUSION AND PARTNER, PRESCRIPTION

2.1 The contract comes into effect through acceptance by the hotel of the guest’s request. The hotel is at liberty to confirm the room booking in writing.

2.2 The contract partners are the hotel and the guest. If a third party ordered for the guest, the hotel and the guest are jointly and severally liable for all obligations under the hotel accommodation contract, provided that the hotel is in possession of a corresponding declaration by the third party.

2.3 As a rule, all claims against the hotel are prescribed one year after the start of the statutory prescription period. This does not apply in the case of claims for compensation of damages and in the case of other claims, where the latter are based on a wilful or grossly negligent breach of obligation by the hotel.

3 SERVICES, PRICES, PAYMENT, SET-OFF

3.1 The hotel is obligated to have the rooms booked by the guest available and to provide the agreed services.

3.2 The guest is obligated to pay the hotel’s agreed or applicable prices for the room rental and the other services used by the guest. This also applies to services requested by the guest directly or through the hotel that are provided by third parties and disbursed by the hotel.

3.3 The agreed prices include value-added tax. If the period between contract conclusion and contract performance exceeds four months, and if the price charged by the hotel generally for such services increases, this may reasonably increase the contractually agreed price pursuant to section 315 BGB.

3.4 The hotel may make its consent to a reduction that is belatedly desired by the guest regarding the number of booked rooms, the hotel’s performance or the duration of the guest’s stay dependent on a reasonable increase in the price for the rooms and/or other services of the hotel.

3.5 The hotel's invoices are due for payment without deduction immediately upon receipt. If payment against invoice (Zahlung auf Rechnung) was agreed upon, then subject to a derogating agreement, payment must be made without deduction within 10 days of receipt of the invoice.

3.6 At the time of contract conclusion or thereafter, the hotel is entitled to demand from the guest a reasonable advance payment or the posting of security, taking into consideration the legal provisions for package tours. The amount and payment dates of the advance payment may be agreed upon in writing in the contract.

3.7 The guest may set off or reduce a claim of the hotel only with a claim that is undisputed or has been reduced to an enforceable judgment.

4 RESCISSION BY THE GUEST (CANCELLATION) / NON-UTILISATION OF THE HOTEL’S SERVICES

4.1 A rescission by the guest of the contract concluded with the hotel requires the hotel’s written consent. If it is not given, then the agreed price under the contract is payable even if the customer does not utilise the contractual services. This does not apply in the event of a breach of the hotel's obligation to respect the guest's rights and interests, if as a result the guest can no longer reasonably be expected to continue with the contract or if the guest has some other statutory or contractual right of rescission.

4.2 If a date for rescinding the contract free of charge was agreed upon between the hotel and the guest, the customer may rescind the contract up to that point without triggering payment or damage-compensation claims of the hotel.

4.3 The guest's right of rescission lapses if he or she does not exercise his or her right to rescission in writing vis-a-vis the hotel by the agreed date, unless a case of rescission by the guest pursuant to No. 1, sentence 3 applies.

4.4 In the case of rooms not utilised by the guest, the hotel must set off the income from letting the rooms to others, as well as saved expenses.

4.5 If the rooms are not let to others, the hotel may apply a flat-rate deduction for saved expenses. In such case, the guest is obligated to pay at least 90% of the contractually agreed price for the overnight stay with or without breakfast, as well as for flat-rate arrangements with outside services, 70% for half-board arrangements and 60% for full-board arrangements. The guest is at liberty to demonstrate that the aforementioned claim did not arise or did not arise in the demanded amount.

5 RESCISSION BY THE HOTEL

5.1 If a right of the customer to rescind free of charge by a certain date was agreed upon in writing, the hotel is for its part entitled during this period to rescind the contract if enquiries of other customers for the contractually booked rooms have been received and, in response to the hotel’s request with the setting of a reasonable deadline, the customer does not waive his or her right to rescind.

5.2 If an agreed or demanded advance payment or posting of security is not made even after the lapsing of a reasonable grace period set by the hotel, then the hotel is likewise entitled to rescind the contract.

5.3 Furthermore, the hotel is entitled to rescind the contract without notice for an objectively justified reason, particularly if – force majeure or other circumstances for which the hotel is not responsible, e.g. official orders concerning closing, make fulfilment of the contract impossible; – rooms are culpably booked under misleading or false information or concealment of material facts; in this regard, material may be the customer’s identity, the ability to pay or the purpose of the stay; – the hotel has reasonable cause to assume that utilisation of the service may jeopardise smooth business operations, safety or the hotel's public reputation, without this being attributable to the hotel's area of control and organisation; – the purpose of or reason for the stay is unlawful; – a violation of No. 1.2 exists.

5.4 The justified rescission by the hotel does not establish any claim of the guest to compensation of damages.

6 ROOM AVAILABILITY, HANDOVER AND RETURN

6.1 The customer does not acquire any claim to have certain rooms available.

6.2 Booked rooms are available to the customer starting at 3:00 p.m. of the agreed date of arrival. The customer has no claim to having the rooms available earlier.

6.3 On the agreed date of departure, the rooms are to be vacated by 11:00 a.m. at the latest and made available to the hotel. In the event of delayed vacation of the room, the hotel may thereafter charge 50% of the full agreed lodging price for use of the room in excess of the contract until 6:00 p.m. and 90% starting at 6:00 p.m. This does not establish contractual claims of the guest. The guest is at liberty to demonstrate that the hotel did not have a claim to the usage or that such claim was substantially smaller.

6.4 The guest is obligated to comply with the house rules in effect. In event of infringements of the house rules, the hotel reserves the right to terminate the contract without notice. In the event of termination, the hotel's claim to compensation remains in effect in the full amount. Saved expenses will be set off against the claim to compensation.

7 LIABILITY OF THE HOTEL

7.1 The hotel is liable with the care and diligence of a proper businessperson for its obligations under the contract. The guest’s claims to compensation of damages are excluded. Exempt from the foregoing are damages from loss of life, bodily injury of damage to health if the hotel is responsible for the breach of obligation, other damages that are based on a wilful or grossly negligent breach of obligation by the hotel, and damages that are based on a wilful or grossly negligent breach by the hotel of obligations that are typical of the contract. A breach of obligation by the hotel is equivalent to that by a manager or by a person used to perform an obligation (Erfüllungsgehilfen). Should disruptions or defects in the hotel's services arise, the hotel will upon knowledge or prompt objection by the guest make an effort to remedy the situation. The guest is obligated to contribute that which can be reasonable expected of him or her in order to eliminate the disruption and keep potential damage small.

7.2 The hotel is liable to the guest in accordance with statutory provisions for items brought in, i.e. up to 100 times the room price, but not more than €3,500, money, securities and valuables, up to €800. The hotel recommends use of the hotel or room safe. If the customer desires to bring in money, securities or valuable with a value of more than €800 or other items with a value of more than €3,500, this requires a special safekeeping agreement with the hotel. The liability claims lapse unless the guest notifies the hotel without undue delay after obtaining knowledge of the loss, destruction or damage (section 703 BGB). The foregoing No. 1, sentences 2 to 4, apply mutatis mutandis to more extensive liability of the hotel.

7.3 If the guest is provided with a parking space in the hotel garage or in the hotel car park, including for a charge, this does not result contract of safe custody coming into effect. The hotel is not liable for the loss of or damage to motor vehicles parked or shunted on the hotel property and their contents, other than in the case of wilful misconduct or gross negligence. The foregoing No. 1, sentences 2 to 4, apply mutatis mutandis

7.4 Requests for wake-up calls will be executed with the greatest possible care. Messages, mail and consignments of goods for guests will be handled with care. Subject to prior arrangement with the customer, the hotel can take care of the acceptance, storage and – where so requested – for a charge the forwarding of mail and consignment of goods. In this regard, the hotel is liable on in accordance with the foregoing No. 1, sentences 1 to 4.

8 FINAL PROVISIONS

8.1 Amendments or supplementations to the contract, the request acceptance or these General Business Terms and Conditions are to be made in writing. Unilateral amendments or supplementations are ineffective.

8.2 The place of performance and the place of payment is the registered office of the hotel.

8.3 The exclusive place of jurisdiction – including for disputes involving cheques and bills of exchange – in the case of commercial activities is the registered office of the hotel. If the customer meets the prerequisite in section 38 (2) of the German Code of Civil Procedure (ZPO) and does not have a general place of jurisdiction in Germany, the place of jurisdiction is considered to be registered office of the hotel.

8.4 German law is applicable. The application of the United Nations Convention on Contracts for the International Sale of Goods and of conflict of laws is excluded.

8.5 If individual provisions of these General Business Terms and Conditions for Hotel Accommodation should be or become ineffective or void, this will not affect the effectiveness of the other provisions. In all other respects, statutory provisions apply.

Version: July 2020