Terms and Conditions

General Terms and Conditions for (1) the Hotel Accommodation Contract and (2) Events for HOTEL DES NORDENS/ Hotels by HR Zweite Flensburg GmbH

Hotels by HR Zweite Flensburg GmbH, Registered office: Berlin
Hauptstrasse 66 · 12159 Berlin, Germany
Registered at: Flensburg Local Court
Managing Directors: Mr Eric Buitenhuis, Mr Michael Klinger
VAT No.: DE262929235

(1)

I. Scope

1. These terms and conditions apply to contracts for the letting of hotel rooms for accommodation, as well as to all other services and supplies provided to the customer by HOTEL DES NORDENS / Hotels by HR Group GmbH (hereinafter referred to as the “Hotel”). 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 hotel’s prior written consent, whereby Section 540(1), second sentence, of the German Civil Code (BGB) is excluded.

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

4. For the purposes of these terms and conditions, ‘customer’ refers to both consumers and business customers within the meaning of Sections 13 and 14 of the German Civil Code (BGB).

II. Conclusion of Contract, Contracting Parties; Limitation Period

1. The contract is concluded upon the hotel’s acceptance of the customer’s application. If the hotel makes a binding offer to the customer, the contract is concluded upon the customer’s acceptance of the hotel’s offer. The room booking shall be confirmed in writing.

2. The contracting parties are the hotel and the customer. If a third party has made the booking on behalf of the customer, the customer shall be jointly and severally liable with the third party to the hotel 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 by the customer or a third party against the hotel shall, as a general rule, become time-barred one year after the start of the regular limitation period, which is dependent on the hotel becoming aware of the claim, within the meaning of Section 199(1) of the German Civil Code (BGB). However, claims for damages against the hotel shall become time-barred no later than three years after the breach of duty, provided the hotel becomes aware of the claim, or no later than ten years after the breach of duty, regardless of whether the hotel becomes aware of the claim. These shortened limitation periods shall not apply;

- to claims based on causation by wilful misconduct or gross negligence on the part of the hotel, including its vicarious agents.

- to damages caused by negligence resulting from injury to life, limb or health.

In the case of property damage or financial loss caused by negligence, the shortened limitation periods do not apply in the event of a breach of a material contractual obligation. Material contractual obligations are those whose fulfilment characterises the contract and on which the customer may rely.

III. Services, Prices, Payments, Set-off

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

2. The guest is obliged to pay the hotel’s applicable or agreed prices for the provision of the rooms and any additional services used by them. This also applies to services arranged by the guest and expenses incurred by the hotel in relation to third parties. The agreed prices include the taxes and local charges applicable at the time the contract is concluded. This does not include local charges which, under the relevant local law, are payable by the guest themselves, such as visitor’s tax. In the event of a change in statutory VAT or the introduction, amendment or abolition of local charges on the subject matter of the service after the contract has been concluded, the prices shall be adjusted accordingly. In the case of contracts with consumers, this shall only apply if the period between the conclusion of the contract and its performance exceeds four months.

3. The hotel may make its consent to a subsequent reduction requested by the customer in the number of rooms booked, the hotel’s services or the length of the customer’s stay conditional upon an increase in the price of the rooms or the hotel’s other services.

4. Hotel invoices without a due date are payable in full within 10 calendar days of receipt of the invoice. The hotel is entitled to declare accrued claims due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest, currently amounting to 9 percentage points above the base rate, or, in the case of legal transactions involving a consumer, 5 percentage points above the base rate. Furthermore, in the event of default, the hotel may charge a fee of EUR 5.00 per reminder letter. The hotel reserves the right to prove and claim higher damages.

5. The hotel is entitled, upon conclusion of the contract or thereafter, to obtain a reasonable advance payment or security deposit, taking into account the legal provisions governing package tours. The amount of the advance payment and the payment dates may be agreed in writing in the contract.

6. In justified cases, e.g. where the customer is in arrears with payment or the scope of the contract is extended, the hotel is entitled, even after the contract has been concluded, to demand an advance payment or security deposit as referred to in clause 5 above, or to increase the advance payment or security deposit agreed in the contract up to the full agreed remuneration.

7. The customer may only set off a claim against a claim by the hotel if the claim is undisputed or has become final and binding.

IV. Cancellation by the customer (withdrawal, cancellation)/Failure to make use of the hotel’s services (no-show)

1. The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, if a statutory right of withdrawal otherwise exists, or if the hotel expressly consents to the termination of the contract. Any agreement on a right of withdrawal and any consent to the termination of the contract must be made in writing.

2. If a deadline for withdrawal from the contract free of charge has been agreed between the hotel and the customer (option), the customer may withdraw from the contract by that date without triggering any claims for payment or damages by the hotel. The customer’s right of withdrawal expires if they do not exercise their right to withdraw in writing vis-à-vis the hotel by the agreed deadline.

3. If no right of withdrawal has been agreed or has already lapsed, and there is no statutory right of withdrawal or termination, and the hotel does not agree to the cancellation of the contract, the hotel retains the right to the agreed remuneration despite the service not being used. The hotel must offset any income from letting the rooms to other guests as well as any expenses saved. If the rooms are not let to other guests, the hotel may apply a flat-rate deduction for expenses saved. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for accommodation with or without breakfast, as well as for package deals including third-party services; 70% for half-board and 60% for full-board arrangements. The customer is free to provide evidence that the claim has not arisen or has not arisen in the amount claimed.

4. If the hotel calculates the compensation specifically, the amount of compensation shall not exceed the contractually agreed price for the service to be provided by the hotel, less the value of the expenses saved by the hotel and any income the hotel derives from the alternative use of the hotel services.

5. The above provisions regarding compensation shall apply mutatis mutandis if the guest fails to take up the booked room or services without giving timely notice (no-show).

V. Cancellation by the Hotel

1. Where a right of cancellation free of charge for the customer has been agreed in writing within a specified period, the hotel is also entitled, during this period, to cancel the contract free of charge if there are enquiries from other customers regarding the rooms booked under the contract and the customer does not waive their right to cancel within two weeks of being asked to do so by the hotel. If the customer allows this period to elapse without taking action, the hotel is entitled to withdraw.

2. If an agreed advance payment or security deposit, or one required in accordance with III. Clause 5, is not made even after the expiry of a reasonable grace period set by the hotel, the hotel is also entitled to withdraw from the contract.

3. Furthermore, the hotel is entitled to withdraw from the contract for objective and justified reasons, in particular if;

– force majeure or other circumstances beyond the hotel’s control render performance of the contract impossible;

– rooms are booked by means of misleading or false information or by concealing material facts (e.g. regarding the guest’s identity, financial standing or purpose of stay);

– the hotel has reasonable grounds to believe that the use of the hotel’s services may jeopardise the smooth running of the business, the safety or the hotel’s public reputation, without this being attributable to the hotel’s sphere of control or organisation;

– there is a breach of I. Clause 2.

4. In the event of a justified withdrawal by the hotel, the customer shall have no claim for damages.

VI. Provision, handover and return of rooms

1. The customer shall have no entitlement to specific rooms unless this has been expressly agreed.

2. Booked rooms are available to the customer from 3.00 pm at the earliest on the agreed day of arrival. Booked country houses/apartments are available to the customer from 5.00 pm at the earliest 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 11.00 am at the latest. The country houses/apartments must be made available to the hotel by 10.00 am at the latest on the agreed day of departure. Thereafter, in the event of late vacating of the room/country house or apartment, the hotel may charge 50% of the currently valid daily accommodation rate for its use beyond the contractual period until 6.00 pm, and 100% from 6.00 pm onwards. This does not give rise to any contractual claims on the part of the customer. The customer is free to prove that the hotel has incurred no claim for usage fees, or a substantially lower claim. Furthermore, the hotel reserves the right to prove and claim higher damages.

VII. Liability of the Hotel

1. In the event of damage caused, the Hotel shall be liable in accordance with statutory provisions in cases of wilful misconduct and gross negligence – including on the part of its vicarious agents. The same applies to damage caused by negligence resulting in injury to life, limb or health. In the case of damage to property or financial loss caused by negligence, the Hotel and its vicarious agents shall only be liable in the event of a breach of a material contractual obligation, but the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract and typical for the contract; material contractual obligations are those whose fulfilment characterises the contract and on which the customer may rely. Should disruptions or defects occur in the Hotel’s services, the Hotel shall endeavour to remedy the situation upon becoming aware of them or upon immediate notification by the customer. The customer is obliged to make a reasonable contribution to remedying the disruption and minimising any potential damage, and to notify the Hotel immediately of any disruptions or damage.

2. The hotel is liable to the guest for items left in its care in accordance with the statutory provisions of Sections 701 et seq. of the German Civil Code (BGB). Should the guest wish to leave money, securities or valuables of significant value in the hotel’s care, a separate storage agreement must be concluded with the hotel. Storage in the hotel or room safe is generally recommended. For any further liability on the part of the hotel, the above provision in Section VII, paragraph 1 applies.

3. Where a parking space is made available to the guest in the hotel garage or on a hotel car park – including for a fee – this does not constitute a contract of safekeeping. In the event of loss or damage to motor vehicles parked or manoeuvred on the hotel premises and their contents, the hotel shall only be liable in accordance with Section VII, paragraph 1.

4. Wake-up calls are carried out by the hotel with the utmost care. Messages, post and parcels for guests are also handled with the utmost care. The hotel undertakes the delivery and storage (in the hotel) of such items and, upon request and for a fee, their forwarding. Clause 1 above applies accordingly.

VIII. Final Provisions

1. Any amendments or additions to the contract, the acceptance of the booking, or these General Terms and Conditions for the Hotel Accommodation Contract must be made in writing. Unilateral amendments or additions by the customer are invalid.

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

3. The exclusive place of jurisdiction – including for disputes relating to cheques and bills of exchange – in commercial transactions is the registered office of the hotel. If a contracting party fulfils the requirements of Section 38(2) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction within Germany, the place of jurisdiction shall be the registered office of the hotel.

4. German law applies exclusively. 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 for the Hotel Accommodation Contract 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.

Date: January 2018

(2)

General Terms and Conditions for Events at HOTEL DES NORDENS/Hotels by HR Group GmbH

I. Scope

1. These terms and conditions apply to contracts for the hire of conference, banquet and event rooms at HOTEL DES NORDENS/Hotels by HR Group GmbH (hereinafter referred to as the “Hotel”) for the purpose of holding events such as banquets, seminars, conferences, etc., as well as to all related services and supplies (hereinafter collectively referred to as “Services”) provided by the Hotel.

2. The subletting or re-letting of the rooms, areas or display cases provided, as well as invitations to job interviews, sales or similar events, require the prior written consent of the Hotel, whereby Section 540(1) sentence 2 of the German Civil Code (BGB) is excluded.

3. The Customer’s terms and conditions shall only apply if this has been expressly agreed in writing in advance.

4. For the purposes of these terms and conditions, “Customer” refers to both consumers and business customers within the meaning of Sections 13 and 14 of the German Civil Code (BGB).

II. Conclusion of Contract, Contracting Parties; Liability, Limitation Period

2. The contracting parties are the hotel and the customer. If the customer/booker is not the organiser themselves, or if the organiser engages a commercial agent or organiser, the organiser shall be jointly and severally liable with the customer for all obligations arising from the contract, provided that the hotel has received a corresponding declaration from the customer or the organiser.

3. In the event of damage caused, the hotel shall be liable in accordance with the statutory provisions in cases of wilful misconduct and gross negligence – including on the part of its vicarious agents. The same applies to damage caused by negligence resulting in injury to life, limb or health. In the case of damage to property or financial loss caused by negligence, the hotel and its vicarious agents shall only be liable in the event of a breach of a material contractual obligation, but the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract and typical for the contract; material contractual obligations are those whose fulfilment characterises the contract and on which the customer may rely. Should disruptions or defects in the hotel’s services occur, the hotel shall endeavour to remedy the situation upon becoming aware of them or upon immediate complaint by the customer. The customer is obliged to make a reasonable contribution to remedying the disruption and minimising any potential damage, and to notify the hotel immediately of any disruptions or damage.

4. All claims by the customer or third parties against the hotel shall be dealt with in accordance with Section 199(1) of the German Civil Code (BGB). However, claims for damages against the hotel shall become time-barred, depending on whether the hotel was aware of the breach, at the latest within 3 years, or, regardless of whether the hotel was aware of the breach, at the latest within 10 years of the breach of duty. These shortened limitation periods shall not apply;

- in the case of claims arising from acts committed with intent or gross negligence on the part of the hotel – including its vicarious agents.

- in the case of damage caused by negligence resulting in injury to life, limb or health. In the case of damage to property or financial loss caused by negligence, the shortened limitation periods do not apply in the event of a breach of a fundamental contractual obligation. Fundamental contractual obligations are those whose fulfilment characterises the contract and on which the customer may rely.

III. Services, Prices, Payments, Set-off

1. The hotel is obliged to provide the services ordered by the guest and confirmed by the hotel.

2. The customer is obliged to pay the agreed or standard hotel rates for these and any other services used. This also applies to services arranged by the customer and expenses incurred by the hotel in relation to third parties, in particular claims from copyright collecting societies.

3. The agreed prices include the taxes applicable at the time the contract is concluded. In the event of changes to statutory VAT or the introduction, amendment or abolition of local taxes on the subject matter of the service after the contract has been concluded, the prices shall be adjusted accordingly, but by no more than 5%. In the case of contracts with consumers, this shall only apply if the period between the conclusion of the contract and its performance exceeds 4 months.

4. Hotel invoices without a due date are payable in full within 10 calendar days of receipt. The hotel is entitled to declare accrued claims due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest, currently amounting to 9 percentage points above the base rate, or, in the case of legal transactions involving a consumer, 5 percentage points above the base rate. Furthermore, in the event of default, the hotel may claim a fee of EUR 5.00 per reminder letter. The hotel reserves the right to prove and claim higher damages.

5. The hotel is entitled to demand a reasonable advance payment at any time. The amount of the advance payment and the payment dates may be agreed in writing in the contract.

6. The customer may only set off or reduce a claim against a claim by the hotel with an undisputed or legally enforceable claim.

IV. Cancellation by the customer (withdrawal, cancellation)/Failure to make use of the hotel’s services (no-show)

2. If a deadline for withdrawal from the contract free of charge has been agreed between the hotel and the customer, the customer may withdraw from the contract by that date without triggering any claims for payment or compensation from the hotel. The customer’s right of withdrawal expires if they do not exercise their right to withdraw from the contract vis-à-vis the hotel by the agreed deadline.

3. If no right of withdrawal has been agreed or has already lapsed, and there is no statutory right of withdrawal or termination, and the hotel does not agree to the cancellation of the contract, the hotel retains the right to the agreed remuneration despite the service not being used. The hotel shall set off any income from letting the rooms to other parties as well as any expenses saved. The respective expenses saved may be calculated on a flat-rate basis in accordance with IV. clauses 4, 5 and 6. The customer is free to prove that the claim has not arisen or has not arisen in the amount claimed. The hotel is free to prove that a higher claim has arisen.

4. If the customer cancels between the 8th and the 4th week prior to the event date, the hotel is entitled to charge 35% of the lost catering turnover in addition to the agreed rental price; for any later cancellation, 70% of the catering turnover.

5. Catering turnover is calculated using the formula: agreed menu price × number of participants. If no price has yet been agreed for the menu, the cheapest 3-course menu from the current event offer shall be used as a basis.

6. If a conference package rate per participant has been agreed, the hotel is entitled to charge 60% of the conference package rate multiplied by the agreed number of participants in the event of cancellation between the 8th and 4th week prior to the event date, and 85% in the event of later cancellation.

V. Withdrawal by the Hotel

1. Where a right of withdrawal free of charge for the customer has been agreed in writing within a specified period, the Hotel is also entitled, during this period, to withdraw from the contract free of charge if it receives enquiries from other customers regarding the event rooms booked under the contract and the customer, upon being asked by the Hotel and given a reasonable deadline, does not waive their right of withdrawal.

2. If an agreed advance payment or an advance payment required in accordance with III. Clause 5 is not made even after the expiry of a reasonable grace period set by the hotel, 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, in particular if;

– force majeure or other circumstances beyond the hotel’s control render performance of the contract impossible;

– events are booked on the basis of misleading or false information regarding material facts (e.g. concerning the identity of the customer or the purpose of the event);

– the hotel has reasonable grounds to believe that the event may jeopardise the smooth running of the business, the safety or the public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organisation;

– there is a breach of I. Clause 2;

– the purpose or occasion of the event is unlawful.

4. In the event of justified cancellation by the hotel, the customer shall have no claim for damages.

VI. Changes to the number of participants and the event time

1. Any change in the number of participants of more than 5% must be notified to the hotel no later than 5 working days before the start of the event; such a change requires the hotel’s written consent.

2. A reduction in the number of participants by the customer of up to 5% will be recognised by the hotel in the final invoice. In the event of deviations exceeding this, the originally agreed number of participants minus 5% shall be taken as the basis. The customer shall be entitled to reduce the agreed price by the amount of the savings in expenditure resulting from the lower number of participants, provided the customer can provide detailed evidence thereof.

3. In the event of an upward deviation, the actual number of participants shall be charged.

4. In the event of deviations in the number of participants of more than 10% either upwards or downwards, the hotel is unilaterally entitled to revise the agreed prices and to change the confirmed rooms, unless this is unreasonable for the customer in the specific case.

5. If the agreed start or end times of the event are changed and the hotel agrees to such changes, the hotel may charge a reasonable fee for the additional services provided, unless the hotel is at fault in this regard.

VII. Bringing in food and drink

1. The customer is generally not permitted to bring food and drink to events. Exceptions require prior agreement in writing with the hotel. In such cases, a reasonable contribution towards covering overheads will be charged.

VIII. Technical facilities and connections

1. Insofar as the hotel procures technical or other equipment/facilities from third parties for the customer at the customer’s request, it acts in the name, on behalf of and for the account of the customer. The customer is liable for the careful handling and proper return of such equipment. The customer shall fully indemnify the hotel against all claims by third parties arising from the provision of such equipment/facilities.

2. The use of the guest’s own electrical equipment connected to the hotel’s mains supply requires the hotel’s prior written consent. Any malfunctions or damage to the hotel’s technical installations caused by the use of such equipment shall be borne by the guest, provided the hotel is not responsible for them. The hotel may charge a flat rate for the electricity costs incurred as a result of such use.

3. The customer is entitled to use their own telephone, fax and data transmission equipment with the hotel’s prior written consent. The hotel may charge a reasonable connection fee for this.

4. If the connection of the customer’s own equipment results in suitable facilities or equipment provided by the hotel remaining unused, a reasonable compensation for loss of use may be charged in this respect.

5. Faults in technical or other equipment provided by the hotel shall be rectified immediately where possible. Payments may not be withheld or reduced unless the hotel is responsible for such faults.

IX. Loss or damage to items brought onto the premises

1. Any exhibition items or other (including personal) belongings brought onto the premises are kept at the customer’s own risk within the event rooms or the hotel. The customer is not granted access to the premises. The hotel accepts no liability whatsoever for loss, destruction or damage, except in cases of gross negligence or wilful misconduct on the part of the hotel. This does not apply to damage resulting from injury to life, limb or health. Furthermore, all cases in which safekeeping constitutes a contractual obligation typical of the contract (on which the customer may rely within the scope of the contract) due to the circumstances of the individual case are excluded from this disclaimer of liability. Any decorative materials brought on site must fully comply with fire safety requirements.

The hotel is entitled to request official certification of this in advance. If such certification is not provided in good time, the hotel is entitled to remove any materials already brought in at the customer’s expense. Due to the risk of damage, the placement and installation of items must be agreed with the hotel in advance on a case-by-case basis.

2. Any exhibition items or other objects brought onto the premises must be removed immediately after the event has ended. Should the customer fail to do so, the hotel may arrange for their removal and storage at the customer’s expense. If the items remain in the event room in breach of the contract, the hotel may charge a reasonable fee for their use for the duration of their presence. The customer is free to prove that the aforementioned claim has not arisen or has not arisen in the amount claimed. Furthermore, the hotel reserves the right to prove and claim higher damages.

X. Customer’s Liability for Damage

1. The customer shall be liable for all damage to the building or the hotel caused by event participants or visitors, employees, other third parties from the customer’s sphere of influence, or the customer themselves. Where the customer is a business, they shall be liable irrespective of the hotel proving fault;

– A consumer shall only be liable in the event of fault.

2. The hotel may at any time require the customer to provide appropriate security (e.g. insurance, deposits, guarantees, etc.).

XI. Final Provisions

1. Any amendments or additions to the contract, the acceptance of the booking, or these General Terms and Conditions for Events must be made in writing. Unilateral amendments or additions by the customer are invalid.

2. The place of performance and payment, as well as the exclusive place of jurisdiction – including for disputes concerning cheques and bills of exchange – in commercial transactions is the registered office of the hotel. If a contracting party fulfils the requirements of Section 38(2) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction within Germany, the place of jurisdiction shall be the registered office of the hotel.

3. German law applies exclusively. The application of the UN Convention on Contracts for the International Sale of Goods and conflict-of-laws provisions is excluded.

4. Should any provision of these General Terms and Conditions for Events be invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.

Date: January 2018

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