FH & L Petersen Hotel GmbH: Terms & Conditions                                -1-

 

I. SCOPE OF APPLICATION

1. These Standard Terms and Conditions shall apply to contracts on the rental of hotel rooms and to contracts on accommodation, as well as to any ancillary services and supplies (hereinafter: “Services”) provided by the hotel business FH & L Petersen Hotel GmbH (hereinafter “Hotel”), as agreed between the Hotel and the Customer (hereinafter: “Customer”; the Hotel and the Customer shall hereinafter also jointly be referred to as the “Parties”).  

2. The Customer’s standard terms and conditions shall only apply if expressly agreed by the Parties in writing and in advance.  

II. CONCLUSION OF CONTRACT, CONTRACTING PARTNERS

The Hotel's offers are subject to confirmation. The Hotel shall not be required to confirm the booking of a room in writing.
2. Sub-letting or re-letting of the rented hotel rooms requires prior approval by the Hotel in text form (sec. 126 b Civil Code, BGB). Sec. 540 (1) 2 BGB shall not apply to transactions with businesses. In any event, the Customer shall be obligated to impose upon any third party to whom he/she makes the rooms available the general obligations provided for in these Standard Terms and Conditions, and shall make such third parties aware of the general duties of care under rental contracts, in particular with regard to the careful handling of the rented property.
3. If a third party places the order on behalf of the Customer, such third party shall be liable to the Hotel together with the Customer as joint-and-several debtors for all obligations under the hotel accommodation contract, provided that the Hotel was provided with a corresponding declaration by such third party.  

III. ROOM AVAILABILITY, HANDOVER AND RETURN

1. The Customer shall not have a right to request that specific rooms be made available, except if the Hotel has confirmed in writing that a specific room will be made available.  

2. Except if agreed otherwise with the Customer, hotel rooms shall be available from 2 p.m. on the arrival date (check-in time). The Customer does not have a right to request that the rooms be made available earlier.  

3. On the agreed departure date, the rooms must be vacated no later than by 12 noon (check-out time). If the rooms are not vacated in good time, the Hotel shall have the right to invoice one half of the room price as per the price list for the additional use of the room until 6 p.m., and 100 % of the room price as per the price list for use after 6 p.m. This does not result in any contractual claims between the Hotel and the Customer. The Customer shall be free to provide proof that the Hotel has not incurred any damage, or that the damage incurred was substantially lower.    

IV. SERVICES, PRICES, PAYMENTS, SET-OFF, RIGHT OF LIEN

1. The Hotel agrees to make available the hotel rooms booked by the Customer, and to provide the agreed Services.  

2. In consideration of the provision of the Services, the Customer shall be obligated to pay the Hotel’s prices as applicable and/or agreed. The above shall also apply to Services and supplies (including ancillary services such as food and beverages, telephone calls etc.) which are used by the persons                                                                                                                                                                                         -2-

accommodated in the Hotel on the basis of this agreement and/or in connection with the contractual accommodation of such persons’ guests, visitors etc.
3. The agreed prices include VAT at the applicable rate. With regard to contracts with Customers who are not private individuals, the Hotel reserves the right to specify or agree net prices. Should the period between the conclusion of the contract and the performance of the contract be more than four months, and should the statutory VAT rate change during this time, the prices shall be adjusted accordingly.  

4. Should the period between the conclusion of the contract and the planned arrival date exceed four (4) months, and should the price usually invoiced by the Hotel for the contractual Services increase after the conclusion of the contract, the contractually agreed price may be increased adequately, however, by no more than 5%. For each additional year beyond the four-month period between the conclusion of the contract and the performance of the contract, the limit increases by a further 5%. For this purpose, price adjustments in accordance with no. 3 shall not be taken into account.  

5. Billing shall be in the Euro currency. In the event of payment in foreign currencies, any exchange rate differences and bank charges shall be borne by the Party that is owes the relevant amount.  

6. The Hotel shall have the right to change prices if the Customer retroactively requests changes to the number of booked rooms, the Hotel’s Services or the duration of the guests’ stay, and if the Hotel approves such changes in writing.  

7. Invoices issued by the Hotel shall - in the absence of a deviating agreement - be due and payable immediately upon receipt of the invoice, without deductions. Invoices shall be deemed to have been received by the Customer at the latest 3 days after mailing, except if the Hotel can prove that the invoice was received earlier, or if the Customer can prove that it was received later. In the event of delayed payment, the Hotel shall have the right to request payment of the applicable statutory default interest. The Hotel shall be free to provide proof that the damage incurred was higher; the Customer shall be free to provide proof that the damage incurred was lower.  

8. For each reminder that is sent after default occurs, the Customer shall reimburse the Hotel for the costs of such reminder amounting to € 5,00. The Customer shall be free to provide proof that the Hotel has not incurred any costs, or that the costs incurred for such reminder were substantially lower.  

9. The Hotel has the right to request adequate advance payments or security deposits at any time for instance in the form of a credit card guarantee, or by advance to charge the credit card from the customer especially during trade/Exhibition periods. For advance payments or security deposits for package holidays, the statutory provisions shall remain unaffected.  10. 4. Smoking is prohibited in all rooms and public areas. In the event of a breach of this prohibition, a fine of EUR 150.00 will be payable immediately. Furthermore, if a false fire alarm is triggered by smoking in the rooms, the customer bears the costs of using the fire brigade itself.  5. It is not permitted to bring food from the breakfast buffet. In case of infringement, the hotel is entitled to charge an additional breakfast fee of currently 9.50 EUR.

 V. NO-SHOW, WITHDRAWAL, CANCELLATION BY THE CUSTOMER

1. Any withdrawal by the Customer from the contract concluded with the Hotel requires the Hotel’s approval in text form (sec. 126b BGB), subject to no. 4 below.  

2. For rented Hotel rooms, the agreed remuneration has to be paid, subject to no. 4, even if approval pursuant to no. 1 is not granted, if the Customer cancels the booking or in the event of a no-show. The Hotel agrees to accept that the Customer set off any saved expenses and any other benefits obtained by letting the rooms to other guests. In the event of a withdrawal, the Customer shall, subject to no. 4, pay 90% of the contractually agreed price for accommodation with or without
breakfast arrangements. The Customer shall be free to provide proof that the Hotel has not incurred any damage, or that the damage incurred was substantially lower.  

3. If the Hotel and the Customer have agreed in writing that the Customer may withdraw from the contract free of charge until a specific date, the Customer may withdraw from the contract up until such time without triggering claims for payments or damages for the Hotel. The Customer’s withdrawal rights shall expire if he/she fails to exercise his/her right of withdrawal in text form (sec. 126b BGB) to the Hotel by the agreed date, except in the cases provided for in no. 4.  

4.The above paragraphs shall not apply if the Hotel breaches the obligation to take into consideration the Customer’s rights, claims and legal interests, if the Customer cannot reasonably be expected to adhere to the contract, or if the Customer has other statutory or contractual withdrawal rights.   

VI. WITHDRAWAL BY THE HOTEL

1. If a free right of withdrawal for the Customer for a specific time period was agreed in writing, the Hotel shall in turn have the right to also withdraw from the contract during this period if other customers submit inquiries regarding the contractually booked rooms and the Customer does not waive its right of withdrawal upon a corresponding request by the Hotel. The same shall apply if an option right has been granted, and other inquiries have been received and the Customer is not prepared to place a fixed booking in spite of a corresponding query by the Hotel.  

2. If and in as far as advance payments have been agreed with the Customer and the Customer fails to effect such advance payments during an adequate period of grace set by the Hotel, including the threat to refuse acceptance after that, the Hotel shall have the right to withdraw from the contract, or to request payment of damages in lieu of performance. Clause V. 2 shall apply mutatis mutandis to the calculation of such damages.  

3. The Hotel shall furthermore have the right to withdraw from the contract for objectively justified reasons, for instance in the following cases:if force majeure or other circumstances for which the Hotel is not responsible render performance of the contract impossible (such as strikes or power failures);if misleading or incorrect information on essential facts, e.g. regarding the guest’s identity or the purpose of such rental, is provided when rooms are booked;if the Hotel has justified reason to 4. A withdrawal shall not affect the Hotel’s right to claim payment of damages. 

5. The Customer shall not have a claim to damages if the Hotel withdraws from the contract for justified reasons.   

VII. LIABILITY, DEFECTS, STATUTE OF LIMITATIONS

1. The Hotel’s liability for its own fault and fault on the part of its vicarious agents – irrespective of their cause in law, however, subject to no. 2 above – shall be limited to wilful acts and gross negligence.  

2. This limitation of liability shall not apply to product liability claims, claims under a voluntary warranty assumed by the Hotel, or to claims due to the death of an individual, bodily injuries or adverse health effects, or breaches of so-called cardinal obligations, i.e. obligations, compliance with which is indispensable in order to achieve the purpose of the contract, and in compliance with which the Customer has a right to trust. However, in the latter case, liability shall be limited to compensation for the typical, foreseeable average damage.  

3. Should disruptions or defects exist with regard to the Hotel’s Services, the Hotel shall, provided that it has knowledge thereof or the Customer has promptly given notice of such disruptions or defect, endeavour to provide a remedy. The Customer shall be obligated to make all reasonable contributions in order to eliminate the disruption and to minimise the potential damage. Furthermore, the Customer shall notify the Hotel in good time of the risk that unusually high damage may occur.  

4. Any objects that the Customer brings to the property shall be in the Hotel at the Customer’s risk. The Hotel does not assume any liability for loss, destruction or damage, except in the event of wilful acts or gross negligence.  

5. In as far as the Customer is granted the right to use a space in the Hotel parking lot – whether free of charge or against payment of a fee –, this does not result in a safekeeping contract within the meaning of sec. 688 et seq. BGB. The Hotel shall not be liable for any loss or damage to a vehicle or its contents, except in the event of wilful acts or gross negligence.  

7. The Hotel shall handle wake-up calls with utmost diligence. Claims for damages shall be excluded, except if they are due to wilful acts or gross negligence.  

8. The Hotel shall handle messages, mail and deliveries of goods for the Customer with due care. The Hotel shall only deliver, store or forward mail at the Customer’s request, risk and costs.  

9. In as far as the Hotel makes available internet access, connections and networks, the Customer hereby indemnifies the Hotel from and against any third-party claims that result from an unlawful use of such internet connection.                                                                                                                                           -5-   

VIII. LOST PROPERTY

Objects that are left behind will only be forwarded at the Customer’s request, risk and costs. The Hotel shall store objects that are left behind for six months. After this time, the finder acquires ownership in the object if the owner has not become known and has not claimed his/her rights.   

IX. INFORMATION PURSUANT TO SEC. 36 ACT ON ALTERNATIVE DISPUTE RESOLUTION IN CONSUMER MATTERS (VSBG)  

As a matter of principle, FH & L Petersen Hotel GmbH is neither prepared nor obligated to participate in alternative dispute resolution procedures before a consumer conciliation body.  

X. FINAL PROVISIONS

Amendments and additions to the Accommodation Contract or the Standard Terms and Conditions must be made in written form. Unilateral amendments or additions by the Guest are invalid.

The place of jurisdiction for all disputes arising between the parties out of the contractual relationship, provided the Guest is a businessman, legal entity of public law or a public law special equity fund, is Berlin.

German law is applicable. Application of the UN Contract for the International Sale of Goods is excluded.   

I. Events/ Conferences


I. Loss or damage of goods brought 

1. Any accompanying exhibition or other, even personal items are at the risk of the organizer in the event rooms or in the hotel. The hotel assumes no liability for loss, destruction or damage, including property damage, except in case of gross negligence or intent of the hotel. Exceptions to this are damages resulting from injury to life, limb or health. 

2. Placed decoration material has to comply with the fire protection requirements. To ask for official proof, the hotel is entitled. If such proof is not provided, the hotel is entitled to remove material already brought in at the organizer's expense. Due to possible damage, the installation and attachment of items must be agreed in advance with the hotel. 

3. Any exhibition or other objects brought along must be removed immediately after the end of the event. If the organizer fails to do so, the hotel may carry out the removal and storage at the expense of the organizer. If the items remain in the function room, the hotel may charge a reasonable compensation for use for the duration of the stay. The organizer is free to prove that the above claim has not arisen or not in the required amount. 

II. Liability of the organizer for damages 

1. The organizer is liable for all damage to buildings or inventory caused by event participants or visitors, employees, other third parties from his area or himself. 

2. The hotel may require the organizer to provide adequate security (such as insurance, deposits, guarantees). III. final provisions 1. Amendments or additions to the contract, the acceptance of the application or these terms and conditions for events should be made in writing. Unilateral changes or additions by the organizer are ineffective. 2. Place of fulfillment and payment is the domicile of the hotel.

 3. Exclusive jurisdiction - Berlin 

4. German law applies. The application of the UN sales law and conflict of laws is excluded.

 5. Should individual provisions of these General Terms and Conditions be ineffective or void for events, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.