GTC

I. General Terms and Conditions
1. The contract is concluded by the hotel’s order confirmation with the customer (uniform term for orderer, organizer, guest, etc.). Only these terms and conditions are part of the contract; any terms and conditions of the customer are not recognized; they apply to all services of the hotel, in particular for the provision of hotel rooms, conference, banquet rooms and other premises of the hotel (hereinafter referred to as “service provision”). If a third party has ordered for a customer, it shall be liable to the hotel as joint and several debtor with the customer. The hotel may demand a reasonable advance payment from the customer and/or the third party. Any subletting or re-letting requires the written consent of the hotel.

2. the prices are determined according to the price list valid at the time the service is provided. If fixed prices are stated in the order confirmation and there are more than 4 months between the conclusion of the contract and the provision of the service, the hotel is entitled to make price changes. If a minimum turnover has been agreed and this is not achieved, the hotel may demand 60% of the difference as lost profit, unless the customer proves a lower loss of profit or the hotel proves a higher loss of profit. Should the statutory VAT change during the term of the contract, the prices shall be adjusted in accordance with the VAT rate applicable during the period of stay.

3. the contractual partner does not acquire any claim to the provision of specific rooms or premises. If agreed rooms are not available, the hotel shall endeavor to provide equivalent replacements in other properties. For this purpose, the contract partner may have to accept a reasonable waiting period.

4. in the case of concluded hotel accommodation contracts in which the customer can unilaterally declare withdrawal from the contract (reservations), the right of withdrawal expires – also for the customer who is the tour operator – if the withdrawal is not declared in writing to the hotel within the period specified in the reservation.

5. if no deadline is specified, the withdrawal can be declared at the latest 12 weeks before the start of the service provision (received by the hotel in writing).

Booked rooms are available to the customer from 3.00 pm. They must be vacated by 12.00 noon at the latest on the day of departure. Unless otherwise agreed, room bookings are on a guaranteed basis and are held for arrivals after 18:00. In the event of a late cancellation or no-show, 100% of the room rate will be charged, unless otherwise agreed.

6. if the room booking is linked to an event outside the hotel’s business operations for the customer, the customer may not invoke the loss of the basis of the contract vis-à-vis the hotel if this event (e.g. trade fair) does not take place and remains obliged to pay within the scope of the agreement made. This does not apply to cases of force majeure, i.e. if the hotel is not allowed to offer the booked service due to legal regulations.

7. a non-binding option expressly designated as such must be exercised or returned with binding effect no later than 42 calendar days before the arrival date. Exercised options shall be treated as firm reservations. If the option is not exercised in good time, the hotel is entitled to allocate the reserved service elsewhere.

8. invoices not due according to the calendar are payable within ten days of the invoice date without deduction; default occurs upon receipt of the first reminder. From the time of default, interest shall be charged on the invoice at 8% above the prime rate or reference interest rate of the European Central Bank, unless the hotel proves a higher or the customer proves a lower damage caused by default. A reminder fee of € 5.00 shall be owed for each reminder after default has occurred. The contractual partner may only offset counterclaims against the hotel to the extent that his claims are undisputed or have been legally established. Default in payment of even one invoice shall entitle the hotel to discontinue all further and future services for the customer in all establishments or to make them dependent on an advance payment of 100%. The hotel shall decide on this without prior notice. In the case of a total reservation of more than 9 nights, the hotel reserves the right to demand an advance payment of 50% of the services ordered, or 100% of the services ordered if the customer is resident or domiciled abroad. This amount is due 30 calendar days prior to arrival.

9 Cancellation deadlines may differ for room bookings. Separate agreements are set out in the hotel accommodation contract.

10. objects or materials left in generally accessible rooms of the hotel, in the technical facilities and in the conference rooms of the hotel shall not be deemed to have been brought in if they have not been expressly taken into custody by an authorized person. Valuables such as jewelry, fur coats and money must be deposited at the reception desk. For this purpose, a special safekeeping agreement must be concluded with an authorized person. Liability is excluded for valuables not deposited. Furthermore, liability in the rooms shall only extend to those items and materials brought in by the person entitled under the accommodation contract. The hotel’s liability for items and materials brought into the hotel is limited to a maximum of € 3,000, except in cases of intent or gross negligence. Money, securities and valuables up to a maximum value of € 800 can be stored in the hotel or room safe. The hotel recommends making use of this option.

11. the consumption of food and drink brought into the hotel is prohibited in the publicly accessible areas of the hotel.

12.

a) The hotel endeavors to execute wake-up calls with the diligence of a prudent businessman.

b) Messages, mail and consignments intended for the customer shall be treated with the same care. The hotel shall be responsible for the storage, delivery and – on request and for a fee – forwarding of the same.

c) Items left behind by the customer will only be forwarded at the request, risk and expense of the customer. The hotel shall keep the items for three months. Thereafter, the items will be handed over to the local lost and found office if they have a recognizable value.

d) Any liability of the hotel under a)-c) is excluded.

13. if the customer is provided with a parking space in the hotel garage, even for a fee, this does not constitute a safekeeping contract. The posted parking conditions apply.

14. pets are accepted at the Berg-Gasthof Königstuhl for an additional charge. Bringing pets requires the consent of the hotel, but dogs are generally welcome. The guest is obliged to inform and clarify the wish to bring a pet when making the reservation. The hotel’s consent is subject to the condition that the animal is under the constant supervision of the guest, is free from disease and does not pose any other danger to hotel guests or staff. The guest shall be liable for any damage caused by the pet. Pets are allowed at breakfast/in the restaurant, but not in the wellness area. There is a charge per pet and day, which is recorded in the reservation confirmation. Exceptions to this are guide dogs, deaf dogs and other comparable service dogs. These may be brought along free of charge and at any time.

15. the hotel is liable for the diligence of a prudent businessman. Should disruptions or defects occur in the hotel’s services, the hotel shall endeavor to remedy such upon immediate complaint by the customer. Irrespective of Clause 11 and §§ 701 ff. BGB, the hotel shall only be liable in the event of intent or gross negligence on the part of the legal representatives of the hotel company or the hotel’s executives. Safekeeping requires express agreement. The customer may only offset, reduce or withhold payment in the case of undisputed or legally established counterclaims. Any

Liability of the hotel is – apart from §§ 701 ff. BGB – is limited to the amount of the agreed rental price. The limitation period for all claims of the customer is 6 months, calculated from the end of the contract. This limitation of liability and short limitation period shall also apply in favor of the hotel in the event of breach of obligations in the initiation of the contract, positive breach of contract and tortious acts.

16. if the business operations or the safety of the hotel or its guests are jeopardized by a contractual partner, the hotel may withdraw from the contract. This also applies in the event of force majeure and other unforeseeable, extraordinary circumstances for which the hotel is not responsible, if this makes the hotel’s performance impossible, unreasonable or of no interest to the contract partner.

17. if the organizer of an event is a political, religious or ideological group, the validity of the contract also requires the approval of the hotel management. If the organizer fails to disclose to the hotel that he represents a political, religious or ideological group, the contract shall be suspended. If the approval of the management is not granted even after the fact, the contract is invalid and the hotel is entitled to refuse performance. In this case, the organizer is obliged to reimburse all expenses incurred by the hotel in reliance on the validity of the contract.

18. if it has been contractually agreed that the customer can withdraw from the contract within a certain period, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers for the contractually booked rooms and the customer does not waive his right of withdrawal upon enquiry by the hotel.

If an agreed advance payment or security deposit is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.

Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if

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

– rooms and rooms culpably under misleading or false information of essential contractual facts, e.g. to the person of the customer or to the purpose of the

stay, can be booked;

– the hotel has reasonable grounds to believe that the use of the hotel’s services would jeopardize the smooth operation of the hotel, its safety or the security of the hotel.

may jeopardize the hotel’s public reputation without this being attributable to the hotel’s sphere of control or organization;

– the purpose or reason for the stay is unlawful; in the event of justified withdrawal by the hotel, the customer shall not be entitled to compensation.

19. a) The customer is liable to the hotel for damage or loss occurring during the term of the contract, unless the damage is the responsibility of the hotel or was caused by a third party and the third party actually pays compensation, which must be proven by the customer in each case.

b) The hotel may require the organizer to provide appropriate security (e.g. advance payments, insurance, deposits).

20. the contractual liability of the hotel for defects existing at the time of conclusion of the contract, which have not occurred as a result of a circumstance for which the hotel is responsible, is excluded.

21 The contract partner is obliged to report any defects to the hotel immediately, at the latest upon departure. Claims by the contract partner must be asserted against the hotel within one month of the contractually agreed end of the provision of services. After expiry of the deadline, the contract partner may only assert claims if he was prevented from complying with the deadline through no fault of his own. Claims of the contract partner shall become time-barred after six months. The limitation period shall commence on the calendar day on which the provision of the service was to be completed in accordance with the contract. If the contract partner has asserted claims against the hotel, the limitation period shall be suspended until the calendar day on which the hotel rejects the claims in writing.

22. for booked services or rooms rented under a hotel accommodation contract, the agreed fee must be paid even if the booking is later canceled by the customer or the customer does not show up (§ 552 BGB). The expenses saved by the hotel shall amount to 10% of the agreed price for overnight accommodation with or without breakfast and 40% for all food and beverages ordered in the case of an all-inclusive agreement (accommodation plus meals in one sum). For the provision of other services, i.e. booked services other than the hotel services mentioned in sentence 2, in particular rent (room and equipment rental, provision costs, etc.), agreed sales of food and beverages at an event, etc., the time of cancellation determines the amount of the hotel’s claim to reasonable compensation. This results from the order confirmation of the hotel as well as the appendix (No. II 2.) of these terms and conditions, saved expenses in the other provision of services are thus compensated. The customer reserves the right to provide evidence of higher damages.

23 Place of performance and place of payment for both parties is Heidelberg. German law shall apply. The place of jurisdiction – also for disputes concerning checks and bills of exchange – is the location of the hotel in commercial transactions.

24. deviating agreements or ancillary agreements must be made in writing to be valid. Should individual provisions of the contract – including these terms and conditions – be invalid, this shall not affect the validity of the remaining provisions. The parties shall immediately replace the invalid provisions with valid provisions that come as close as possible to the meaning of the invalid provisions.

II. Additional terms and conditions for events (seminars, conferences and banquets)

1. reservations for events only become binding for the hotel when the organizer signs the order confirmation sent to him by the hotel and this is received by the hotel within the deadline set.

2. should the number of participants be reduced by more than 10 % of the originally reserved number, the hotel will charge 90 % of the originally reserved number of participants for all booked services. This regulation applies as soon as the order confirmation has been signed and received by the hotel. In addition, the hotel reserves the right to unilaterally cancel the contract. If the number of participants is exceeded, the organizer shall reimburse the hotel separately for any additional expenses incurred as a result. A larger room corresponding to the changed number of persons is only possible after consultation with the hotel, but there is no entitlement to this.

The following rules apply to event cancelations:

Events for up to 30 people
up to 4 weeks in advance: free of charge
up to 1 week in advance: 80% of the agreed turnover charged

Events for 30 persons or more
up to 8 weeks in advance: free of charge
up to 4 weeks in advance: charge of 60% of the agreed turnover
up to 1 week in advance: charge of 80% of the agreed turnover

3. the organizer may not bring food and beverages to the events if these are not the subject of the event and serve demonstration purposes. In special cases (national specialties, kosher food, etc.) a deviating agreement can be made in writing.

In these cases, a service fee or corkage fee to be determined in the agreement will be charged.

4. the installation of decorative material or similar and the use of areas in the hotel outside the rented rooms, e.g. for exhibition purposes, require the written consent of the hotel and may be made dependent on the payment of an additional fee. These and other items brought in by the customer must comply with local fire and other regulations. If they are not collected immediately, but at the latest within 12 hours of the end of the event, they will be stored in the hotel, for which the customer will be required to pay an appropriate fee, at least equivalent to the rental costs for the room used. Any garbage left behind by the customer may be disposed of by the hotel at the customer’s expense.

The use of fog machines, sparklers, glitter or confetti cannons is prohibited in the entire building and in the outdoor area. The organizer is liable for any violation. Cleaning or compensation costs may be charged additionally to the organizer.

The organizer shall be liable for damage to the furnishings or inventory caused by event participants or visitors, employees, other third parties from his area or himself during assembly or dismantling as well as during the event and for which the hotel is not responsible. The organizer is recommended to take out insurance for damages for which the hotel is not responsible.

5. the customer must obtain any official permits required for an event in good time and at his own expense. He shall be responsible for compliance with public-law requirements and other regulations. Any fees payable to third parties for the event, in particular GEMA fees, entertainment tax, curfew reductions, etc., must be paid directly to the creditor.

6. insofar as the hotel procures technical or other equipment from third parties for the customer, it acts on behalf of and for the account of the customer; the customer is liable for the careful handling and proper return of the equipment and indemnifies the hotel against all claims of third parties arising from the transfer.

7. the customer undertakes to inform the hotel immediately without being asked, but at the latest upon conclusion of the contract, that the provision of services and / or the event, whether due to its political, religious or other character, is likely to arouse public interest or adversely affect the interests of the hotel. Newspaper advertisements, other advertising measures and publications relating to the hotel and/or containing, for example, invitations to job interviews or sales events, require the written consent of the hotel. If the customer breaches this duty of disclosure or if a publication is made without such consent, the hotel has the right to cancel the event. In this case, Clause 4 of the General Terms and Conditions (payment of rent and reasonable remuneration) and the Annex to these Terms and Conditions shall apply accordingly.

8. the publication of the name of the hotel in which the event is taking place is only permitted if a representative of the hotel agrees in writing. Excluded from this is the publication of the name of the hotel for the purpose of stating the location of the event and any directions, provided it is not a publication in media that are accessible to an unlimited number of persons and provided the name of the hotel is not particularly emphasized in relation to the rest of the text.

9. in the case of events that extend beyond the contractually agreed period, otherwise beyond 11 p.m., the hotel may charge additional expenses, in particular for follow-up events and personnel.

III Additional terms and conditions for groups – unless otherwise contractually agreed, the following provisions apply:

1. groups within the meaning of these GTC are travel groups with a minimum number of 10 persons booked, with joint arrival and departure. Only one total invoice will be issued and handed over to the tour guide. For a group of less than 10 people, the prices for individual travelers apply. There is no entitlement to group prices; group prices may be granted by individual agreement depending on availability and demand.

2. reservations must be confirmed in writing: series groups are confirmed when the contract is signed. Individual groups are confirmed 42 calendar days prior to the arrival of the respective group. The final list of names of the members of the respective group must be communicated to the hotel up to 10 calendar days before arrival.

3. the hotel shall send the organizer a reservation confirmation with the essential elements of the reservation made and information on check-in and payment terms.

4. number and cancelation

a) Series groups: The advance payment amounts to the amount corresponding to the accommodation costs of an average stay. This amount is due after the booking has been confirmed and will be offset against the last stay in the series.

b) Selective groups: Reservations are only binding for the hotel after a deposit of 50% has been paid after the booking has been confirmed, if the organizer is based abroad, after a deposit of 100% and after the booking has been confirmed. This deposit will be retained by the hotel in the event of cancellation if the cancellation is made within 42 calendar days prior to the group’s arrival. Otherwise, point I.8. applies to cancelations for groups. of these GTC accordingly.

5. invoicing for selective groups: Invoices are payable in euros four calendar days prior to the group’s arrival by bank transfer or covered bank check or in cash upon the group’s arrival, unless otherwise agreed.

6 All costs in addition to the usual contractual services, such as telephone, bar, etc., unless otherwise stipulated in the contract, are to be paid by each participant upon departure. In the event of non-payment by the individual participants, the organizer shall be liable.

Berggasthof Königstuhl GmbH & Co KG is generally not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.