General Terms and Conditions of Nürnberger Straße Hotel-Betriebs-GmbH/ ELLINGTON HOTEL BERLIN (NHG)

Transcription

1 General Terms and Conditions of Nürnberger Straße Hotel-Betriebs-GmbH/ ELLINGTON HOTEL BERLIN (NHG) Article 1 Scope of Application 1.1. Accommodation 1.2. I. These general terms and conditions govern all contracts for the rental use of hotel rooms for lodging purposes, as well as all other goods and services provided for the customer or user by Nürnberger Straße Hotel-Betriebs-GmbH/ELLINGTON HOTEL BERLIN (hereinafter referred to as NHG), unless deviating agreements have been made in separate contracts. Users of services rendered by NHG who registered with the hotel shall be considered customers. I The prior express consent of NHG is required if rooms provided are to be sublet or rented to other parties or used for purposes other than lodging. Terms and conditions of the customer shall only apply if this was agreed in writing prior to entering into a contractual relationship Conferences, Banquets and Events, Ticket shop I. These general terms and conditions shall also govern contracts for the rental use of NHG s conference, banquet and event rooms or hotel rooms for the purpose of holding events such as, for example, banquets, conferences, seminars, trade shows, gala or sports events etc. as well as all associated further goods and services provided by NHG and for own events bookable via the ticket shop (INCERT). I The prior written consent of NHG is required if the rooms, spaces or showcases etc. provided are to be sublet or rented to other parties. Terms and conditions of the contractual partner of NHG shall only apply if this was agreed in writing prior to entering into a contractual relationship. Article 2 Concluding a Contract and Contract Liability 2.1. Accommodation I. The lodging contract shall be deemed entered into through the acceptance of the customer s order by NHG. NHG remains free to provide the customer with a written confirmation of the room reservation. The lodging contract can be concluded in writing, verbally or by telephone, or by conclusive behavior. I The contractual partners are NHG and the customer. If a third party made the reservation on behalf of the customer, this party shall be held liable as a representative without power of representation until a valid power of attorney is presented or pending subsequent approval by the customer. The liability of NHG shall be limited to deliberate or grossly negligent breach of obligations. In the event of minor negligence regarding secondary obligations and deliberate or grossly negligent breach of obligations on the part of ordinary vicarious agents, liability shall be limited to the contractually agreed rental fee. Liability for damages that result in loss of life, bodily injury or impairment to health shall remain unaffected by this. NHG shall not be liable for items left behind by customers or third parties. The customer shall be obligated to bring any loss of personal effects to the immediate attention of NHG. If the customer fails to report the loss, NHG shall be entitled to dispose of items left behind after expiration of a 6-month period following completion of the contract Conferences, Banquets and Events I. The contract shall be deemed entered into through the acceptance of the order by NHG. The person whose order is accepted becomes the contractual partner.

2 Page 2 I If the contractual partner is not the organizer or if the contractual partner hires a commercial agent or organizer, the contractual partner shall be obligated to present NHG with a declaration of accession signed by the organizer or the commercial agent within 14 days after the contract between the contractual partner and NHG entered into effect. The contractual partner and the acceded party shall be jointly and severally liable for all contract obligations. If the contractual partner fails to present the declaration of accession, the contractual partner shall be solely liable for the fulfillment of all contractual obligations. Liability of NHG shall be limited to deliberate or grossly negligent violation of obligations. In the event of minor negligence regarding secondary obligations and deliberate or grossly negligent breach of obligations on the part of ordinary vicarious agents, liability shall be limited to the contractually agreed rental fee. Liability for damages that result in loss of life, bodily injury or impairment to health shall remain unaffected by this. The contractual partner and the parties that acceded to the contract assure that they have provided full disclosure regarding the purpose, objectives and participants of the planned event. V. The contractual partner and any acceded parties agree to indemnify NHG against claims by GEMA (GEMA fees) for the use of licensed music in the leased space and to pay any applicable fees on their own account. V The domiciliary right, entitlement to carry out inspections and the definition of safety measures shall generally rest with NHG. In addition, the contractual partner and the acceded parties shall exercise these rights within the scope of the event for the duration of the event. NHG shall be entitled to perform inspections during arrivals and departures of suppliers. The contractual partner and the acceded party agree to secure the necessary permission from the corresponding suppliers. The contractual partner and the acceded party agree to secure the rented space after the end of the event, to remove all items brought there as part of the event and to store abandoned items. Article 3 Services, Prices, Fulfillment 3.1. Accommodation I. NHG shall be obligated to keep the rooms reserved by the customer ready and to render the agreed services. I The customer shall be obligated to pay the applicable or agreed NHG fees for the rented rooms and all additional services received. This shall also include services ordered by the customer from third parties and outlays rendered to third parties by NHG. The agreed prices include the statutory sales tax applicable at the day of billing. NHG shall be entitled to adjust the agreed price if the customer requests changes to the number of reserved rooms, services rendered by NHG or the term of accommodation, provided NHG approves of these. V. If more than 12 months pass between contract signing and fulfillment, the hotel shall be entitled to increase the agreed price by up to 5% if costs for heating, electricity, water or wages have risen in the interim. The increase in price must not exceed the rise in expenses. In the event of such an increase in costs, the hotel shall inform the customer no later than 4 weeks before arrival. In this case, the customer shall be granted the right of extraordinary cancellation. Invoices from NHG shall generally be settled by the customer at the time an order is placed, or such payment is to be assured by providing credit card data. NHG may grant the customer the courtesy of postponing payment until checkout. If this is not the case, invoices issued by the hotel shall be due immediately without discount. NHG shall be entitled to call due all accrued claims against the customer for immediate payment. In the event of a default in payment, NHG shall be entitled to apply an interest rate of five percentage points above the base interest rate, or nine percentage points above the base interest rate in the case of a commercial customer. The customer shall retain the right to prove that the actual damages were substantially less or that no damages were incurred. NHG shall retain the right to prove that higher damages were incurred. The first dunning level is a written payment reminder. As of the second dunning level, a dunning fee of EUROS shall apply for each written reminder. V The customer can only offset or reduce payment against a claim by NHG in the event of an indisputable or legally binding claim.

3 Page 3 VI All prices include service fees and statutory sales tax. In the event the statutory sales tax should change or if a special hotel levy or tax is introduced on the municipal level (e.g. cultural subsidy/bed tax) prices shall be adjusted automatically without the need for a separate agreement Conferences, Banquets and Events I. The contractual partner and the acceded party shall be obligated to pay the agreed prices. This shall also include services and outlays rendered to third parties by NHG as part of the event. I The agreed prices include the statutory sales tax applicable at the day of billing. If the term between concluding the contract and holding the event exceeds four months, and if the price NHG charges for such services is raised during this time, the contractually agreed price may be increased accordingly, up to a maximum of 10%. Invoices issued by NHG without a payment term shall be due for immediate payment without deductions. If the customer defaults on payment, NHG shall be entitled to charge at least the default interest permitted by law. The contractual partner shall retain the right to prove that the actual default damages incurred were less; NHG shall retain the right to prove that the actual default damages incurred were higher. Article 3.1. shall apply as a supplementary provision. NHG will enter into the contract on condition that the customer render advance payment. This advance payment shall be made four weeks prior to the event as follows: *100% of the calculated event price for private parties *80% of the calculated event price for contracts with companies *100% of the calculated event price for contracts with companies whose registered office is outside of Germany The obligation to make an advance payment (deposit) follows from the event/accommodation contract. No separate invoice will be issued for this advance payment. V. All prices include service fees and statutory sales tax. In the event the statutory sales tax should change or if a special hotel levy or tax is introduced on the municipal level (e.g. cultural subsidy/bed tax) prices shall be adjusted automatically without the need for a separate agreement. Article 4 Withdrawal of NHG from the Contract 4.1. Accommodation I. If the right of cost-free cancellation within a certain period was granted to the customer in writing, NHG shall also have the right to withdraw from the contract if other customers requested rooms booked under the contract and the customer does not definitely confirm the reservation following an inquiry by NHG. NHG shall also be entitled to withdraw from the contract for objectively justified reasons or cancel it without prior notice, in particular if: - force majeure or other circumstances for which NHG is not responsible make it impossible to fulfill the contract; - rooms are reserved based on misleading or false information regarding material facts, such as the identity of the customer or the purpose; - NHG has justified cause to believe that use of the hotel s services might jeopardize the smooth operation of the hotel, its security or public reputation, without being attributable to the NHG s sphere of control or organization; - the customer is in breach of Article 1 I NHG shall immediately inform the customer if the hotel exercises its right of withdrawal. In the event of justified withdrawal on the part of NHG, the customer shall not be eligible for compensation. V. As regards other cases, liability claims shall be limited to three times the price of a reservation.

4 Page Conferences, Banquets and Events I. NHG shall retain the right to withdraw from a contract in the event that force majeure or other circumstances for which NHG is not responsible make it impossible to fulfill the contract. NHG shall also have the right to withdraw from the contract for objectively justified reasons, in particular if a) the contractual partner fails to make the advance payment even after expiration of a grace period set by NHG; b) the order was accepted based on misleading or false information regarding material facts relating to the planned event; c) there is justified cause to believe that the event might jeopardize the smooth operation of NHG, its security or public reputation. I NHG shall immediately inform the contractual partner and the acceded parties in writing if the hotel exercises its right of withdrawal. In the event of a justified withdrawal from the contract on the part of NHG, the contractual partner and/or the acceded parties shall not be eligible for compensation. Article 5 Withdrawal of the Contractual Partner (Cancellation, Annulment) 5.1. Accommodation I. The customer s withdrawal from the hotel accommodation contract is generally subject to the written approval of NHG. If no approval is granted, the customer shall pay the agreed price, even if contractually agreed services are not used. This shall have no effect on the customer s rights of annulment due to a breach of obligation on the part of NHG. I No approval is required if NHG and the customer agreed in writing on a cancellation period regarding the contract and the customer exercises their right to cancellation within this period by sending a written cancellation notification to NHG. This right of cancellation shall be null and void after expiration of the cancellation period. The date of receipt of the customer s cancellation notification at NHG shall determine whether the cancellation was exercised in due time. If no approval is granted or the cancellation is received after expiration of the cancellation period, NHG shall be entitled to express the damage incurred, and which the customer has to reimburse, as a lump sum. In this case, the customer shall be obligated to pay 80% of the contractually agreed price for lodging and breakfast. The customer shall retain the right to prove that the hotel incurred no damages or that the actual damages were less than the lump sum charged Conference, Banquet and Event Space I. In the event that the contractual partner is unable to use the reserved space and services for reasons that fall within their risk area, the contractual partner shall remain obligated to render payment for the agreed rental space and any subservices ordered. In the event of inability to use the agreed lodging and services, the contractual partner shall send NHG a written notice of cancellation no later than three months before the scheduled event date. The date of receipt of the cancellation notification at NHG shall determine whether the cancellation was exercised in due time. After expiration of the cancellation period, the contractual partner may no longer cancel the order, except in cases of force majeure or other circumstances not within the responsibility of the contractual partner. The contractual partner shall pay a compensation for loss of earnings, whose amount depends on the date the cancellation notice was received. This compensation for loss of earnings shall comprise a certain percentage of the contractually agreed rental fee and a certain percentage of the lost turnover in catering proceeds. The catering proceeds are calculated by multiplying the agreed menu price by the number of people to be served. If no price had been agreed for the menu at the time of cancellation, the unit price of the least expensive three-course menu listed in the event quotation will be multiplied by the reserved number of people.

5 Page Cancellation Terms for Accommodation/Conferences, Banquets and Events / Ticket shop In the event that the contractual partner and, where applicable, acceded parties submit a notice of cancellation, they shall be obligated to render the following compensation for loss of earnings depending on the date NHG receives this notice: Applicable to events and room reservations for up to 49 persons: Cancellation prior to one year before the reserved event/accommodation date As of 12 months before arrival or commencement of the event, the following compensation fee shall 50% of the agreed total price for the event 50% of the agreed price for lodging As of six months before arrival or commencement of the event, the following compensation fee shall 75% of the agreed total price for the event 75% of the agreed price for lodging and breakfast As of three months before arrival or commencement of the event, the following compensation fee shall 100% of the agreed total price for the event 100% of the agreed price for lodging and breakfast Applicable to events and room reservations for 50 persons and more: Cancellation prior to one year before the reserved event/accommodation date As of 12 months before arrival or commencement of the event, the following compensation fee shall 50% of the agreed total price for the event 50% of the agreed price for lodging and breakfast As of eight months before arrival or commencement of the event, the following compensation fee shall 75% of the agreed total price for the event 75% of the agreed price for lodging and breakfast As of six months before arrival or commencement of the event, the following compensation fee shall 100% of the agreed total price for the event 100% of the agreed price for lodging and breakfast NHG retains the right to reduce the agreed cancellation fees if the hotel is able to place the reserved space/services with another customer for the same or a lower price. The contractual partner and acceded party shall retain the right to prove that NHG incurred no damages or that the actual damages were less than the compensation fee charged. Valid for own events: Tickets for own events cannot be cancelled. For paid prices a refund is excluded. Article 6 Room Provision, Moving In/Out I. The customer shall not be entitled to receive specific rooms, unless these were expressly confirmed in writing. I Reserved rooms will be available to customers as of p.m. on the agreed day of arrival. The customer shall not be entitled to move in at an earlier time, unless NHG expressly confirmed such an early check-in in writing. On the agreed day of departure, the customer shall vacate the rooms and belongings by no later than noon, unless a different time was expressly agreed. If the customer vacates the room at a later time, the hotel shall have the right to charge 50% of the full accommodation price (list price) for any use until p.m., and 100% for use beyond p.m. The customer shall retain the right to prove that the hotel incurred no or substantially lower damages. Article 7 Changes to the Number of Participants and/or the Event Duration I. If the number of participants falls short of the contractually agreed number by more than 15%, NHG shall be entitled to demand a compensation fee as specified in Article 5.3.

6 Page 6 I The NHG banqueting department must be notified in writing about the final number of participants no later than seven working days before the scheduled start of the event. This number will be used to calculate the cost for catering. If more participants partake in the event, this number shall be used to calculate the catering costs. NHG reserves the right to provide the organizer with rooms other than the contractually agreed ones for the event, insofar as this is reasonable for the customer. V. If the start and end times of the event deviate from the agreed times without prior written approval by NHG, the hotel shall have the right to charge the contractual partner and/or acceded party for any additional expenses accrued for providing this extra service. This shall not apply if NHG is responsible for the delay. Article 8 Bringing Food and Drinks The contractual partner/acceded party is generally prohibited from bringing food and drinks to an event. Exceptions to this rule require a corresponding written agreement from the banqueting department. In such cases, a fee for covering overhead expenses shall be charged. Article 9 Technical Facilities and Connections I. When NHG provides technical or other devices/facilities from third parties on request of the contractual partner, NHG acts by proxy, on behalf and on account of the contractual partner. The contractual partner/acceded party shall be liable for any breach of general due diligence and supervisory obligations regarding these items or facilities for the duration they are being made available for use. The contractual partner/acceded party shall be responsible for the proper return of the items and shall indemnify NHG against any claims by third parties relating to the rental of said items. I If the contractual partner/acceded party wishes to bring their own electrical equipment and connect it to the power grid of NHG, the hotel s prior approval shall be obtained in writing. The contractual partner/acceded party shall be liable for all faults or damages incurred to the technical equipment and facilities of NHG. This shall not apply if NHG is responsible for the cause of the fault/damage. NHG shall have the right to charge the contractual partner a lump sum for the power consumed using devices brought to the event. V. Utilization of the telephone, fax and data transfer equipment available in the rooms rented from NHG by the contractual partner/acceded party shall be subject to prior written permission. V VI IX. If the connection of equipment brought by the contractual partner results in suitable equipment of NHG from going unused, NHG shall be entitled to charge a compensation fee. Faults that occur with technical or other devices provided by NHG shall be remedied immediately. If this is not possible, immediate measures shall be taken to ensure proper fault elimination. Fees for renting equipment shall be due for immediate payment. There shall be no right to a reduction in cost or retention, unless NHG is responsible for the faults. In order to ensure safe and interference-free hosting of parallel events, the contractual partner/acceded party shall agree to request the required frequencies for wireless microphones or other transmitters/receivers that operate in the MHz range from the event engineering department of NHG. This request shall include the number of transmitters/receivers as well as the desired frequencies. X. There is no legal entitlement to the utilization of these frequencies on the NGH premises. XI. If the frequencies overlap with frequencies already assigned to other parties, the contractual partner will be allocated specific frequencies. The contractual partner/acceded party shall accept this allocation and agrees to use only the frequencies specifically assigned to them. If the contractual partner/acceded party violates this obligation, they shall be held liable for any and all resulting damages to the full amount. Article 10 Loss or Damage to Property of the Contractual Partner/Acceded Party

7 Page 7 I. NHG shall not be liable for exhibition articles and other items brought to the hotel or the rented rooms for the event by the contractual partner/acceded parties, unless NHG is responsible for the loss, damage or destruction of these items due to deliberate or grossly negligent behavior.

8 Page 8 I The contractual partner/acceded party agree to exclusively utilize decoration material that meets all applicable fire safety regulations. NHG shall be entitled to request official evidence of such compliance. Permission shall be requested from NHG before putting up or mounting items in the hotel or the rented rooms. The contractual partner/acceded party shall be obligated to completely and cleanly remove all items brought to the hotel after completion of the event. If the contractual partner/acceded party fails to observe this obligation, NHG shall be entitled to remove all foreign objects from the event rooms and put them into storage at the expense of the contractual partner/acceded party. If items are left behind in the event rooms, NHG shall have the right to charge rental fees until they are removed. The contractual partner/acceded party shall retain the right to prove that the actual default damages incurred were less; NHG shall retain the right to prove that the actual damages incurred were higher. NHG will set a deadline for the removal of said items. If they are not removed by the end of this deadline, NHG shall be entitled to dispose of the foreign objects. Article 11 Liability of the Contractual Partner/Acceded Party I. The contractual partner/acceded party shall be liable for any damage to structural elements and/or inventory caused by event participants or visitors, employees and/or other third parties within the organizational and controlling responsibility of the contractual partner/acceded party. I NHG shall be entitled to request suitable collateral (e.g. insurance, deposits, guarantees) to safeguard possible claims. The contractual partner/acceded party shall be obligated to take the necessary precautions to ensure safety and order during events with a number of participants exceeding 400 persons. The associated expense shall be borne by the contractual partner/acceded party. This specifically involves requesting the assistance of fire department and medical staff and ensuring that they are present before the event commences. Article 12 Liability of the Hotel I. NHG shall be liable for the obligations defined in Article 2.1. I I Should disruptions or defects in the performance of the hotel occur, the hotel shall act to remedy such upon knowledge thereof or upon the immediate complaint of the customer. The customer shall be obligated to undertake actions reasonable for him or her to assist in the elimination of the disruption and to keep any possible damage at a minimum. The hotel is liable toward the customer for property brought into the hotel in accordance with the statutory provisions, Articles 701 ff BGB (German Civil Code). Liability shall be limited to a maximum amount of EUR 3, per room; in the case of cash, securities, valuables the maximum amount is EUR per room. The same limit applies to cash, securities or valuables stored in the room safe. Cash, securities and valuables can be stored in the hotel safe at the front desk up to a value of EUR 10, NGH recommends that customers take advantage of this option. Any liability claims shall be null and void if the customer does not immediately inform the hotel of the loss, damage or destruction of personal effects after gaining knowledge of this (Article 703 BGB). V. Unlimited liability of NHG is governed by the relevant statutory provisions. V VI Wake-up calls are carried out by the hotel with the greatest possible diligence. Messages, mail, and goods deliveries for guests are handled with care. On request, NHG will deliver, hold, and, for a fee, forward such items. Insofar as a parking space is provided to the customer in the hotel parking lot, this does not include a safekeeping agreement, even if a fee is charged for the parking service. NHG is not obligated to monitor the parking area. The parking lot is secured against dangers resulting from the local situation and weather conditions; however, customers shall use the parking lot at their own risk. NHG shall not be liable for accidents, damages that occur on the parking lot or theft of cars parked there or of items left in the car. NHG provides customers with a WLAN service inside the hotel. NHG shall not be liable for damages resulting from the use of this service, including cyber attacks, hacking etc.

9 Page 9 Article 13 Dispute Resolution According to Article 3 of the VSBG (Consumer Dispute Resolution Law), NHG is not obligated to participate in dispute settlement proceedings led by a consumer arbitration board. Article 14 Payment of a Deposit Article 15 Data Protection Article 16 Final Provisions NHG shall be entitled to request a reasonable advance payment (deposit) during or following contract conclusion. The amount of this deposit and the payment term can be agreed in writing in the contract. Article 3.2 Section IV shall apply to conferences, banquets and events. No separate invoice will be issued for this advance payment as the payment obligation is defined in the contract. All relevant information on the collection, processing and use of personal data of customers, contractual partners and affiliates in accordance with the EU General Data Protection Regulation (GDPR) is provided in the data protection declaration at and in the information on data processing in accordance with Art.13 GDPR. Please direct any related questions, complaints, etc. to our data protection officer. I. Claims for compensation by the customer lapse after two years starting with the day when the damage was noticed, or, irrespective of this knowledge, no later than three years after the damage arose. Liability for damages that result in loss of life, bodily injury or impairment to health shall remain unaffected by this. I Individual deviations from the provisions detailed in this document shall only be valid when made in writing. Oral agreements are generally ineffective. Changes or amendments to contracts and agreements based on these general terms and conditions shall only be valid when made in writing. Any oral ancillary agreements are ineffective. Place of performance and payment is the location of NHG s registered office. V. The sole court of jurisdiction for commercial transactions is NHG s registered office. Insofar as a contracting party fulfills the requirements of Article 38, Section 2 of the German Code of Civil Procedure (ZPO) and does not have a general venue within the country, the courts at the location of NHG s registered office shall have jurisdiction. V The contract is solely governed by and shall be construed in accordance with the laws of the Federal Republic of Germany. In the event that individual provisions of these GTC should be or become invalid or void for any reason, this shall not affect the validity of the remaining provisions. The contracting parties shall undertake to replace the invalid or unenforceable provision with one which comes closest to the intended purpose of the invalid provision.