2 CONCLUSION OF CONTRACT, CONTRACTING PARTIES, LIMITATION PERIOD

2.1 The contracting parties are the hotel and the customer. The contract is concluded by the hotel’s acceptance of the customer’s application. The hotel is free to confirm the room booking in text form.

2.2 All claims against the hotel shall generally become statute-barred one year after the statutory commencement of the limitation period. This shall not apply to claims for damages and other claims, provided that the latter are based on an intentional or grossly negligent breach of duty by the hotel.

3 SERVICES, PRICES, PAYMENT, SET-OFF

3.1 The hotel is obligated to provide the rooms booked by the customer and to render the agreed services.

3.2 The customer is obligated to pay the hotel’s agreed or applicable prices for the provision of the rooms and the other services used by the customer. This also applies to services ordered by the customer directly or via the hotel, which are provided by third parties and paid for by the hotel.

3.3 The agreed prices include the taxes and local charges applicable at the time of conclusion of the contract. Not included are local taxes which are owed by the guest according to the respective local law, such as visitor’s tax. In the event of a change in the 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 exceeds four months.

3.4 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 customer’s length of stay conditional upon an increase in the price for the rooms and/or for the hotel’s other services.

3.5 Invoices of the hotel without a due date are payable without deduction within ten days of receipt of the invoice. The hotel may demand immediate payment of due receivables from the customer at any time. In the event of default of payment by the customer, the statutory provisions shall apply. The hotel reserves the right to prove higher damages.

3.6 The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be agreed in text form in the contract. The statutory provisions shall remain unaffected in the case of advance payments or security deposits for package tours. In the event of default of payment by the customer, the statutory provisions shall apply.

3.7 In justified cases, e.g. payment arrears on the part of the customer or extension of the scope of the contract, the hotel shall be entitled, even after conclusion of the contract and up to the beginning of the stay, to demand an advance payment or security deposit within the meaning of clause 3.6 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.

3.8 The hotel shall also be entitled to demand from the customer at the beginning of and during the stay an appropriate advance payment or security deposit within the meaning of clause 3.6 above for existing and future claims arising from the contract, insofar as such a payment has not already been made in accordance with clause 3.6 and/or clause 3.7 above.

3.9 The customer may only set off or offset an undisputed or legally enforceable claim against a claim of the hotel.

4 WITHDRAWAL BY THE CUSTOMER (CANCELLATION) / NON-UTILISATION OF THE HOTEL’S SERVICES (NO SHOW)

4.1 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 another statutory right of withdrawal exists or if the hotel expressly consents to the cancellation of the contract. The agreement of a right of withdrawal as well as the possible consent to a cancellation of the contract shall be made in text form in each case.

4.2 If the hotel and the customer have agreed on a date for withdrawal from the contract free of charge, the customer may withdraw from the contract up to that date without triggering payment or damage compensation claims by the hotel. The customer’s right of withdrawal shall expire if he does not exercise his right of withdrawal vis-à-vis the hotel by the agreed date.

4.3 If a right of withdrawal has not been agreed or has already expired, if there is also no statutory right of withdrawal or termination and if the hotel does not agree to a cancellation of the contract, the hotel shall retain the claim to the agreed remuneration despite the non-utilisation of the service. The hotel shall take into account the income from renting the rooms to other parties and the expenses saved. If the rooms are not let to other parties, the hotel may make a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for overnight accommodation with or without breakfast as well as for package arrangements with third-party services, 70% for half-board and 60% for full-board arrangements. The client is free to prove that the aforementioned claim has not arisen or has not arisen in the amount demanded.

4 WITHDRAWAL BY THE CUSTOMER (CANCELLATION) / NON-UTILISATION OF THE HOTEL’S SERVICES (NO SHOW)

4.1 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 another statutory right of withdrawal exists, or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as the possible consent to a cancellation of the contract shall be made in text form in each case.

4.2 If the hotel and the customer have agreed on a date for withdrawal from the contract free of charge, the customer may withdraw from the contract up to that date without triggering payment or damage compensation claims by the hotel. The customer’s right of withdrawal shall expire if he does not exercise his right of withdrawal vis-à-vis the hotel by the agreed date.

4.3 If a right of withdrawal has not been agreed or has already expired, if there is also no statutory right of withdrawal or termination and if the hotel does not agree to a cancellation of the contract, the hotel shall retain the claim to the agreed remuneration despite the non-utilisation of the service. The hotel shall take into account the income from renting the rooms to other parties and the expenses saved. If the rooms are not let to other parties, the hotel may make a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for overnight accommodation with or without breakfast as well as for package arrangements with third-party services, 70% for half-board and 60% for full-board arrangements. The customer is free to prove that the aforementioned claim has not arisen or has not arisen in the amount demanded.

5 WITHDRAWAL BY THE HOTEL

5.1 If it has been agreed that the customer may withdraw from the contract free of charge within a certain period of time, the hotel shall be entitled for its part to withdraw from the contract during this period of time if there are enquiries from other customers for the contractually reserved rooms and the customer does not waive his right of withdrawal upon inquiry by the hotel setting a reasonable deadline.

5.2 If an advance payment or security deposit agreed or demanded pursuant to Clause 3.6 and/or Clause 3.7 is not made even after expiry of a reasonable grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract.

5.3 Furthermore, the hotel shall be entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if

– Force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract;

– rooms or rooms are culpably booked with misleading or false information or concealment of material facts; material facts may be the identity of the customer, the ability to pay or the purpose of the stay;

– the hotel has reasonable grounds to assume that the use of the service may jeopardise 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 organisation;

– the purpose or reason for the stay is unlawful;

– there is a breach of clause 1.2 above.

5.4 The justified withdrawal of the hotel does not give rise to a claim for damages on the part of the customer.

6 PROVISION, HANDOVER AND RETURN OF ROOMS

6.1 The customer does not acquire any claim to the provision of specific rooms, unless this has been expressly agreed.

6.2 Booked rooms shall be available to the customer from 3:00 p.m. on the agreed day of arrival. The customer has no claim to earlier availability.

6.3 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) for the late vacating of the room for use in excess of the contract until 6:00 p.m., and 90% from 6:00 p.m. onwards. Contractual claims of the customer are not justified by this. The customer shall be at liberty to prove that the hotel has not incurred any claim to a charge for use or that the claim is substantially lower.

7 LIABILITY OF THE HOTEL

7.1 The hotel shall be liable for damages for which it is responsible arising from injury to life, body or health. Furthermore, it shall be liable for other damages based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of duties typical of the contract by the hotel. 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 clause 7. In the event of disruptions or defects in the hotel’s services, the hotel shall endeavour 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 minimise any possible damage.

7.2 The hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions. The hotel recommends the use of the hotel or room safe. If the guest wishes to bring in money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a separate storage agreement with the hotel.

7.3 Insofar as a parking space is made available to the customer in the hotel garage or in the hotel car park, even for a fee, this shall not constitute a safekeeping agreement. In the event of loss of or damage to motor vehicles parked or manoeuvred on the hotel property and their contents, the hotel shall be liable only in accordance with the above Item 7.1, Sentences 1 to 4.

7.4 Wake-up calls shall be carried out by the hotel with the utmost care. Messages, mail and consignments of goods for the guests shall be handled with care. The hotel shall undertake the delivery, safekeeping and – on request – forwarding of the same against payment. The hotel shall only be liable in this respect in accordance with the above Clause 7.1, Sentences 1 to 4.

8 FINAL PROVISIONS

8.1 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 by the customer shall be invalid.

8.2 The place of performance and payment as well as the exclusive place of jurisdiction – also for cheque and bill disputes – is Karl-Heinz & Bernd Susen OHG in commercial transactions. If a contractual partner fulfils the prerequisite 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 Local Court of Oldenburg.

8.3 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.

8.4 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.