Terms & Conditions, Hotel Prinzregent

General Terms and Conditions for the Hotel Accommodation Contract

I. Scope of Application

1. These Terms and Conditions apply to contracts for the rental use of hotel rooms for accommodation and for all other goods and services rendered by the hotel for the Customer.

2. The prior written consent of the Hotel is required if the rooms provided are to be sublet or rented to other parties or used other than for accommodation purposes, whereby § 540, para. 1, sentence 2 German Civil Code (BGB) is waived insofar as the Customer is not a consumer.

3. The Customer's terms and conditions shall only apply if this is expressly agreed in advance in writing.

II. Conclusion of Contract, Contracting Parties, Limitation Period

1. The contract shall enter into force upon the Hotel’s acceptance of the Customer’s application. At its discretion, the Hotel may confirm the room reservation in writing.

2. The contracting parties are the Hotel and the Customer. If a third party placed the order on behalf of the Customer, then that party shall be liable towards the Hotel for all obligations arising from the Hotel accommodation contract as joint and several debtor together with the Customer, insofar as the Hotel has a declaration to that effect by the third party.

3. Any claims against the Hotel shall generally be time-barred one year after the commencement of the general statute of limitations dependent upon knowledge of § 199, para. 1 German Civil Code (BGB). Damage claims shall be time-barred after five years, independent of knowledge. The reduction of the statute of limitation periods shall not apply to claims which are based on an intentional or grossly negligent breach of obligation by the Hotel.

III. Services, Prices, Payment, Set-off

1. The Hotel is obligated to keep the rooms reserved by the Customer available and to render the agreed services.

2. The Customer is obligated to pay the applicable or agreed Hotel prices for rooms provided and for other services used. This shall also apply to the services provided by the Hotel for third parties at the Customer's instigation.

3. The agreed prices include applicable value-added tax as required by law. If the VAT included in the price is increased by legal provisions, the Hotel is entitled to adjust the agreed rates accordingly without the prior consent of the guest. If the period between conclusion and fulfilment of the contract exceeds four months and if the price generally charged by the Hotel for such services increases, then the Hotel may raise the contractually agreed price to a reasonable extent but not, however, by more than ten percent.

4. Moreover, the Hotel may change the prices if the Customer later wishes to make changes in the number of reserved rooms, the Hotel’s services, or the length of guests’ stay, and the Hotel consents to such changes.

5. Hotel invoices not showing a due date are payable and due in full within ten days of receipt. The Hotel shall be entitled at any time to make accumulating accounts receivable payable and due and to demand payment without undue delay. With default of payment, the Hotel shall be entitled to demand the respectively applicable statutory default interest in the amount of currently 8 percent or, with legal transactions with a consumer, in the amount of 5 percent above the base interest rate. The Hotel reserves the right to furnish evidence of greater damage.

6. The Hotel is entitled to require a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, observing the legal provisions for package tours. The amount of the advance payment and payment dates may be agreed in writing in the contract.

7. The Customer may only set-off or reduce a claim by the Hotel with a claim which is undisputed or legally binding.

IV. Withdrawal by the Customer (i.e. Cancellation, Annulment)/

Failure to Use Hotel Services -No Show)

1. Cancellation by the Customer of the contract concluded with the Hotel requires the written consent of the Hotel. If this is not forthcoming, then the price agreed in the contract must be paid even if the Customer does not avail himself of the contractual services. This shall not apply if there is a breach of obligation of the Hotel to take into account the rights, objects of legal protection and interests of the Customer, where it is not reasonable to expect the him to comply with the contract or another statutory or contractual cancellation right exists. Different cancellation policies apply to events and seminars.

2. To the extent that the Hotel and Customer agreed in writing upon a date before which the contract may be cancelled free of charge, the Customer may cancel the contract up to that date without incurring claims for payment or damage compensation by the Hotel. The Customer’s right of cancellation lapses if he does not exercise his cancellation right in writing vis-à-vis the Hotel by the agreed date, insofar as no case pursuant to No. 1, sentence 3 above exists.

3. If rooms are not used by the Customer, the Hotel must apply credit for the income from renting the rooms to other parties and also for saved expenses.

4. At its discretion, the Hotel may demand the contractually agreed remuneration and to make a flat-rate deduction for saved expenditure.

The following cancellation policy is applicable:

Up to 21 days before arrival, no charge

From 20 to 11 days before arrival, 50% of the lost revenue

From 10 days to 1 day before arrival, 80% of the lost revenue

Cancellations made on the day of arrival, 100% of the lost revenue

This also applies to early departure. For this reason, we recommend taking out a travel cancellation insurance. We'll be happy to provide you with the European Travel Insurance policy. Different cancellation policies apply to group bookings, events, conferences and seminars.

The Customer is at liberty to show that the claim mentioned above was not created or not created in the amount demanded.

V. Cancellation by the Hotel

1. Provided the Hotel and Customer agreed in writing upon a specified period for cost-free cancellation of the contract, the Hotel is entitled for its part during this period, to withdraw from the contract if there are inquiries from other Customers regarding the contractually reserved rooms and the Customer does not waive his right to cancel upon inquiry thereof by the Hotel.

2. If an agreed advance payment or an advance payment demanded pursuant to Item III, No. 6 above is not made even after a reasonable grace period set by the Hotel has expired, then the Hotel is likewise entitled to withdraw from the contract.

3. Moreover, the Hotel is entitled to effect extraordinary cancellation of the contract for a materially justifiable cause, e.g. if

• force majeure or other circumstances for which the Hotel is not responsible make it impossible to fulfil the contract;

• rooms are reserved with misleading or false information regarding material facts, such as the identity of the Customer or the purpose;

• the Hotel has justified cause to believe that use of the Hotel’s services might jeopardise the smooth operation of the Hotel, its security or public reputation, without being attributable to the ownership or management of the Hotel;

• there is a breach of Clause I. No. 2 above.

4. The Customer can derive no right to compensation from justified cancellation by the Hotel.

VI. Room Availability, Delivery and Return

1. The Customer does not acquire the right to the provision of specific rooms.

2. Reserved rooms are available to the Customer from 3pm on the agreed day of arrival. The Customer does not have the right to earlier provision.

3. Rooms must be vacated and made available to the Hotel no later than 11am on the agreed day of departure. After that time, on the grounds of the delayed vacating of the room for use exceeding the contractual time, the Hotel is entitled to charge 50 percent of the full accommodation rate (list price) for the additional use of the room until 6pm; after 6pm: 100 percent. This does not give grounds for contractual claims on the Customer’s part. The Customer is at liberty to prove that the Hotel‘s resultant claim to a further rental payment is lower or non-existent.

VII. The Hotel’s Liability

1. The Hotel is liable with all due diligence for its obligations under the contract. Claims to damages by the Customer are excluded. With the exception of claims arising from loss of life, physical injury or harm to health due to the Hotel’s breach of its obligations or claims for other loss or damage due to the wilful or grossly negligent breach of typical contractual obligations of the Hotel. A breach of obligations by the Hotel is equivalent to a breach by a legal representative or vicarious agent. The Hotel will endeavour to remedy any disruptions to or faults in the services it provides as soon as it becomes aware of them or on the Customer’s prompt complaint. The Customer is obligated to assist insofar as can reasonably be expected to eliminate the disruption and keep any damage to a minimum.

2. With respect to property brought into the Hotel, the Hotel is liable to the Customer in accordance with statutory provisions, that is, up to 100x the room rate, to a maximum of €3,500, or for cash, securities and valuables up to €800. Cash, securities and valuables up to a maximum value of € (insert amount insured by the Hotel) may be stored in the Hotel or room safe. The Hotel recommends making use of this facility Liability claims expire unless the Customer notifies the Hotel immediately after gaining knowledge of the loss, destruction, or damage (§ 703 German Civil Code). With regard to more extensive liability by the Hotel, No. 1, clauses 2 to 4 above shall apply mutatis mutandis.

3. If a parking space is provided for the Customer in the Hotel garage or a Hotel car park, this does not entail the existence of any safe custody agreement, even if a charge is made for the parking space. In the event of the loss of or damage to motor vehicles parked on or moved around the Hotel premises, or the contents thereof, the Hotel shall not be liable except in case of wilful action or gross negligence. Section 1 clauses 2 to 4 above shall apply mutatis mutandis.

4. Wake-up calls are carried out by the Hotel with the greatest possible diligence.

Messages, mail, and merchandise deliveries for guests are handled with care. The Hotel is willing to undertake the delivery, storage and, on request and for a charge, forwarding of items. Section 1 clauses 2 to 4 above shall apply mutatis mutandis.

Insert amount insured by the Hotel) may be stored in the Hotel or room safe. The Hotel recommends making use of this facility. Liability claims expire unless the Customer notifies the Hotel immediately after gaining knowledge of the loss, destruction, or damage (§ 703 German Civil Code). With regard to more extensive liability by the Hotel, No. 1, clauses 2 to 4 above shall apply mutatis mutandis.

4. Wake-up calls are carried out by the Hotel with the greatest possible diligence.

VIII. Final provisions

1. Amendments and supplements to the contract, the acceptance of applications, or these General Terms and Conditions for Hotel Accommodation should be made in writing. Unilateral amendments and supplements by the Customer are not valid.

2. The place of fulfilment and payment is the registered location of the Hotel.

3. In relation to commercial transactions - including disputes relating to checks and bills of exchange - the exclusive place of jurisdiction is the registered location of the Hotel. Insofar as a contracting party fulfils the requirements of § 38, para. 2 of the German Code of Civil Procedure and does not have a general place of jurisdiction within the country, the courts at the location of the Hotel’s registered office shall have jurisdiction.

4. German law applies. The application of the UN Convention on the International Sale of Goods and the conflict of laws are precluded.

Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, the validity of the remaining provisions shall remain unaffected thereby. In all other respects, the statutory provisions shall apply.

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