TERMS AND CONDITIONS HOTEL AM RÜSSEL

GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION AGREEMENT

1 SCOPE OF APPLICATION

1.1 These terms and conditions apply to contracts for the rental of hotel rooms for

accommodation and all other services and deliveries provided by the hotel to the customer in this context

(hotel accommodation agreement). The term “hotel accommodation agreement” includes and replaces the following terms:

accommodation, guest admission, hotel, hotel room agreement.

1.2 The subletting or re-letting of the provided rooms as well as their use for purposes other than

accommodation requires the prior written consent of the hotel, whereby § 540 paragraph 1 sentence 2

BGB (German Civil Code) is waived, unless the customer is a consumer within the meaning of § 13 BGB.

1.3 General terms and conditions of the customer only apply if this has been expressly agreed in writing

beforehand.

2 CONCLUSION OF CONTRACT, CONTRACTING PARTIES, LIMITATION PERIOD

2.1 The contracting parties are the hotel and the customer. The contract is concluded upon the hotel’s acceptance of the customer’s

application. The hotel is free to confirm the room booking in writing.

2.2 All claims against the hotel are generally subject to a limitation period of one year from the statutory commencement of the limitation period.

This does 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, OFFSETTING

3.1 The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.

3.2 The customer is obliged to pay the hotel’s agreed or applicable prices for the room rental and the other

services used by him. This also applies to services commissioned directly by the customer 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 charges that are owed by the guest himself according to the respective municipal law,

such as accommodation tax. If the statutory value added tax changes or if new local charges are introduced,

changed or abolished on the subject of the service after conclusion of the contract, the prices will be adjusted

accordingly. For contracts with consumers, this only applies if the period between conclusion of the contract

and fulfillment of the contract exceeds four months.

3.4 An additional accommodation tax of EUR 2.50 per guest and night is due, unless this is

waived due to legal exceptions.

3.5 The hotel can make its consent to a subsequent reduction in the number of

booked rooms, the hotel’s services or the customer’s length of stay requested by the customer dependent on the fact that

the price for the rooms and/or for the other services of the hotel is reasonably increased.

3.6 Invoices from the hotel are due for payment immediately upon receipt without deduction. If payment on account

has been agreed, payment must be made – subject to a deviating agreement – within ten days of receipt of the

invoice without deduction.

3.7 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 can be agreed in writing in the contract. For advance payments or

security deposits for package tours, the statutory provisions remain unaffected. In the event of the customer’s default in payment,

the statutory regulations apply. General Terms and Conditions for the Hotel Accommodation Agreement (AGBH

8.0) © Hotelverband Deutschland (IHA) e.V.

3.8 In justified cases, for example payment arrears of the customer or expansion of the scope of the contract, the

hotel is entitled, even after conclusion of the contract up to the beginning of the stay, to demand an advance payment or

security deposit within the meaning of the aforementioned clause 3.6 or an increase in the advance payment agreed in the contract

or security deposit up to the full agreed remuneration.

3.9 The hotel is further entitled to demand a reasonable advance payment or

security deposit within the meaning of the aforementioned clause 3.6 from the customer at the beginning and during the stay for existing and future claims arising from

the contract, insofar as such has not already been provided in accordance with the aforementioned clause 3.6 and/or clause 3.7.

3.10 The customer can only offset or set off against a claim of the hotel with an undisputed or legally established claim.

3.11 The customer agrees that the invoice can be sent to him electronically.

4 CUSTOMER’S WITHDRAWAL (CANCELLATION, TERMINATION)/ NON-UTILIZATION OF THE

HOTEL’S SERVICES (NO SHOW)

4.1 If a deadline has been agreed in writing between the customer and us within which he can

cancel his hotel room bookings free of charge, the customer is entitled to withdraw from the contract by

written declaration to us before the expiry of the agreed deadline, without us being able to assert claims for payment and/or

damages against him.

4.2 For individual bookers, the following conditions apply for the cancellation of binding reservations:

a) free cancellation up to 1 calendar day before arrival (if cancellation is received by 2 pm on the day before arrival)

b) from 2 pm on the day before arrival and on the day of arrival: 80% of the agreed price will be charged per room and

night

c) In case of no-show, 100% of the agreed price per room and night will be charged, less saved

expenses.

4.3 Cancellations of hotel room bookings for seminars and group tours

a) up to 21 calendar days before arrival: free cancellation

b) from 20 to 8 calendar days before arrival: 30% of the agreed price will be charged per room and night

c) from 7 to 1 calendar days before arrival: 60% of the agreed price will be charged per room and night (if

cancellation is received by 2 pm on the day before arrival)

d) from 2 pm on the day before arrival and on the day of arrival: 100% of the agreed price will be charged per room and night

less saved expenses.

4.4 We endeavor to let unused hotel rooms to others if possible to

avoid losses. For hotel rooms not used by the customer, we must allow the income

from other rentals of the hotel rooms as well as the saved expenses to be credited.

5 HOTEL’S WITHDRAWAL

5.1 If it has been agreed that the customer can withdraw from the contract free of charge within a certain period,

the hotel is entitled to withdraw from the contract during this period if inquiries from other

customers for the contractually booked rooms exist and the customer does not waive his right to withdraw upon inquiry by the hotel within a reasonable

period. This applies accordingly to the granting of an option if other inquiries exist and the customer is not prepared to make a firm

booking upon inquiry by the hotel within a reasonable period.

5.2 If an advance payment or security deposit agreed or demanded in accordance with clauses 3.6 and/or 3.7

is not made even after the expiry of a reasonable grace period set by the hotel, the hotel is also

entitled to withdraw from the contract.

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

in particular if

– force majeure or other circumstances for which the hotel is not responsible make the fulfillment of the contract impossible;

– rooms or spaces are culpably booked under misleading or false information or concealment of essential facts;

essential facts can be the identity of the customer, solvency or the purpose of the stay;

General Terms and Conditions for the Hotel Accommodation Agreement (AGBH 8.0) © Hotelverband Deutschland (IHA) e.V.

– the hotel has reasonable grounds to assume that the use of the service may jeopardize the smooth

business operations, safety or public reputation of the hotel, without this being attributable to the hotel’s

sphere of control or organization;

– the purpose or the occasion of the stay is unlawful;

– there is a breach of the aforementioned clause 1.2.

5.4 The justified withdrawal of the hotel does not give rise to any claim for damages by the customer.

6 ROOM AVAILABILITY, HANDOVER AND RETURN

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

writing.

6.2 Booked rooms are available to the customer from 2:00 pm 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 pm at the latest.

After that, the hotel can charge 50% of the full room rate (price according to price list) for the use of the room exceeding the contractual period until 6:00 pm, and 100% from 6:00 pm.

Contractual claims of the customer are not established by this. He is free to prove that the hotel

has incurred no or a significantly lower claim for usage fees.

7 HOUSE RULES & SPECIAL COSTS – NON-SMOKING HOTEL / FIRE BRIGADE ALARM IN CASE OF

FIRE

7.1 All rooms are connected to a fire alarm control panel. In the event of a fire alarm caused by the guest,

all resulting costs will be charged to the guest, such as the deployment of the fire brigade or

the consequential costs for restoring the operational status.

7.2 The entire hotel is a non-smoking hotel. Smoking is strictly prohibited in the rooms and in all public areas

of the house.

7.3 In case of a violation of the smoking ban, the hotel reserves the right to charge the guest a special cleaning fee of

EUR 250.00. If the room cannot be rented on the following day, an

additional night will be charged.

7.4 In case of vandalism, willful damage or exceptionally heavy soiling of the room or the

hotel furnishings, the hotel reserves the right to charge the guest the actual costs incurred for cleaning, repair or

replacement.

7.5 The guest is liable for all damage to the building, inventory or property of third parties caused by him.

8 PETS

8.1 The bringing of pets is only permitted after prior agreement with the hotel.

8.2 A fee of EUR 12.00 per night will be charged for each pet brought along.

8.3 Pets are only allowed in rooms on the 1st floor. Accommodation in other areas of the hotel

is not permitted.

8.4 The guest is liable for all damage or excessive soiling caused by his pet.

Any special cleaning or repair costs incurred will be borne by the guest.

8.5 In all public areas of the hotel, pets must always be kept on a leash and must not be allowed on seating or

resting areas (e.g. sofas, beds).

9 USE OF CONFERENCE ROOMS AND CATERING

9.1 The use of the hotel’s conference rooms is subject to separate conditions. These are detailed in the separate

General Terms and Conditions for Conferences and Events, which are provided to the organizer upon

booking and are part of the contract.

10 USE OF WIFI AND LAN

10.1 The hotel provides its guests with free WIFI access during their stay. There

is no legal claim to availability or specific transmission speeds.

10.2 The access data is intended exclusively for personal use by the guest and may not be

passed on to third parties.

10.3 When using the WIFI, the guest undertakes not to access, distribute or

illegally download or distribute copyrighted material without authorization.

10.4 The guest is liable for all damages and claims of third parties arising from illegal use of the WIFI by

him and indemnifies the hotel against such claims.

10.5 In case of violation of these provisions, the WIFI access can be blocked by the hotel without prior notice.

11 HOTEL’S LIABILITY

11.1 The hotel is liable for damages for which it is responsible resulting from injury to life, limb or

health. Furthermore, it is 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

contractual obligations of the hotel. Typical contractual obligations are those obligations that

only enable the proper execution of the contract and on whose fulfillment the customer relies and

may rely. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent.

Further claims for damages are excluded, unless otherwise regulated in this clause 7.

Should disruptions or defects occur in the hotel’s services, the hotel will endeavor to provide a remedy upon knowledge or upon

immediate complaint by the customer. The customer is obliged to contribute what is reasonable for him

to remedy the disruption and keep any possible damage to a minimum.

11.2 The hotel is liable to the customer for items brought in according to the statutory provisions. The hotel recommends

the use of the room safe.

11.3 Insofar as the customer is provided with a parking space in the hotel garage or on the hotel parking lot, even for a fee,

this does not constitute a safekeeping agreement. In case of loss or damage to

motor vehicles parked or maneuvered on the hotel property and their contents, the hotel is only liable according to

the provisions of the aforementioned clause 10.1, sentences 1 to 4.

11.4 Wake-up calls are carried out by the hotel with the greatest care. Messages for customers are treated with care.

The hotel can, after prior agreement with the customer, accept, store and – upon request

– forward mail and goods shipments for a fee. The hotel is only liable in this regard according to

the provisions of the aforementioned clause 10.1, sentences 1 to 4. General Terms and Conditions for the Hotel Accommodation Agreement

(AGBH 8.0) © Hotelverband Deutschland (IHA) e.V.

12 FINAL PROVISIONS

12.1 Amendments and supplements to the contract, the acceptance of the application or these General

Terms and Conditions must be made in writing. Unilateral amendments or supplements are ineffective.

12.2 The place of performance and payment as well as the exclusive place of jurisdiction – also for disputes concerning checks and bills of exchange

– is Kassel in commercial transactions. If the customer meets the requirements of § 38 paragraph 2 ZPO (German Code of Civil Procedure) and does not have a

general place of jurisdiction in Germany, Kassel shall be deemed the place of jurisdiction.

12.3 German law applies. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

12.4 In accordance with the statutory obligation, the hotel points out that the European Union has established an online

platform for the out-of-court settlement of consumer disputes (“ODR platform”):

http://ec.europa.eu/consumers/odr/ However, the hotel does not participate in dispute resolution proceedings before

consumer arbitration boards.