GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION AGREEMENT

St. Joseph Hotel Hamburg - St. Joseph Hotels GmbH

I. Scope

1. These terms and conditions apply to contracts for the rental and provision of hotel rooms for accommodation, as well as all other services and deliveries provided by the hotel to the customer. Each contract may contain deviations from these general terms and conditions; such deviations must be recorded in writing and apply only to the individual contract.

2. The subletting and further letting of the rooms provided, as well as their use for purposes other than accommodation, require the prior written consent of the hotel, whereby § 540 para. 1 sentence 2 of the German Civil Code (BGB) becomes a condition, unless the customer is a consumer.

3. The customer's terms and conditions shall only apply if they have been expressly agreed to in writing beforehand.

II. Conclusion of contract, contracting parties; statute of limitations

1. The contract is concluded upon acceptance of the customer's application by the hotel. The hotel is free to confirm the room booking in writing.

2. The contracting parties are the hotel and the customer. If a third party has made the booking for the customer, that third party is jointly and severally liable to the hotel together with the customer for all obligations arising from the hotel accommodation contract, provided the hotel has received a corresponding declaration from the third party.

3. All claims against the hotel generally become statute-barred one year from the commencement of the regular limitation period under Section 199 Paragraph 1 of the German Civil Code (BGB), which is dependent on knowledge of the claim. Claims for damages become statute-barred after five years, regardless of knowledge of the claim. These shorter limitation periods do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

III. Services, Prices, Payment, Offsetting

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

2. The customer is obligated to pay the hotel's applicable or agreed-upon prices for the room rental and any additional services used. This also applies to services and expenses incurred by the hotel on behalf of the customer and paid to third parties.

3. The agreed prices include the applicable statutory value added tax. If the period between the conclusion of the contract and its fulfillment exceeds four months and the price generally charged by the hotel for such services increases, the hotel may raise the contractually agreed price appropriately, but by no more than 5%.

4. The prices may also be changed by the hotel if the customer subsequently requests changes to the number of rooms booked, the hotel's services or the length of stay of the guests, and the hotel agrees to this.

5. Hotel invoices without a due date are payable within 10 days of receipt without deduction. The hotel is entitled to demand immediate payment of any outstanding amounts at any time. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest, currently 8%, or, in the case of transactions involving a consumer, 5% above the base interest rate. If a contracting party meets the requirements of Section 38 Paragraph 2 of the German Code of Civil Procedure (ZPO) and does not have a general place of jurisdiction in Germany, the hotel's registered office shall be the place of jurisdiction. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict of laws rules is excluded. Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. The hotel reserves the right to prove a higher loss. Otherwise, the statutory provisions apply.

6. The hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates can be agreed upon in writing in the contract.

7. The customer may only offset or reduce a claim by the hotel with an undisputed or legally valid claim.

IV. Customer's withdrawal (i.e., cancellation, revocation) / Failure to use the hotel's services

1. Cancellation of the contract concluded with the hotel by the customer requires the hotel's written consent. If such consent is not given, the agreed price under the contract is payable even if the customer does not make use of the contractual services. This does not apply in cases of breach of the hotel's obligation to respect the rights, legal interests, and other interests of the customer, if, as a result, the customer can no longer be reasonably expected to adhere to the contract, or if the customer has another statutory or contractual right of withdrawal.

2. If a deadline for free cancellation of the contract has been agreed upon in writing between the hotel and the customer, the customer may cancel the contract up to that deadline without incurring any payment or damage claims from the hotel. The customer's right of cancellation expires if they do not exercise their right to cancel in writing to the hotel by the agreed deadline, unless a case of cancellation by the customer pursuant to clause 1, sentence 3 applies.

3. In the case of rooms not used by the customer, the hotel must credit any income from renting the rooms to other parties as well as any expenses saved.

4. The hotel is entitled to demand the contractually agreed remuneration and to apply a flat-rate deduction for saved expenses. In this case, the customer is obligated to pay at least 80% of the contractually agreed price for bed and breakfast. The customer is free to prove that the aforementioned claim did not arise or did not arise in the amount claimed.

Free cancellation is possible up to 6 weeks before arrival after booking. After that, the following cancellation policy applies:

42-28 days before arrival: 20% of the total amount; 27-21 days before arrival: 40% of the total amount; 20-14 days before arrival: 60% of the total amount; 14-0 days before arrival: 80% of the total amount

For group travel contracts (group size of 8 people or more), cancellations are free of charge up to 60 days before the arrival date; after that, 80% of the contractually agreed price for accommodation with breakfast must be paid.

Standard reservations are generally held by the hotel until 6:00 PM local time. If you do not arrive by 6:00 PM local time, the hotel will cancel your reservation free of charge. There is no longer any entitlement to accommodation after this time. If arrival is not possible until after 6:00 PM local time, the booker/guest must inform the hotel directly of their expected arrival time and obtain confirmation of receipt from the hotel. In this case, the hotel may require a credit card number as a guarantee of arrival to maintain the reservation. The hotel will hold the guaranteed reservation throughout the night. In case of late cancellation or no-show, the hotel may charge for the accommodation.

V. Hotel's withdrawal

1. If a free right of withdrawal for the customer has been agreed in writing within a certain period, the hotel is entitled to withdraw from the contract within this period if inquiries from other customers for the contractually booked rooms are received and the customer does not waive his right of withdrawal upon inquiry from the hotel.

2. If an agreed advance payment or an advance payment required according to clause III no. 6 above 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.

3. Furthermore, the hotel is entitled to terminate the contract without notice for objectively justified reasons, for example, if force majeure or other circumstances beyond the hotel's control make performance of the contract impossible; if rooms are booked under misleading or false pretenses regarding essential facts, such as the identity of the customer or the purpose of the stay; if the hotel has reasonable grounds to believe that the use of the hotel services may jeopardize the smooth operation of the business, the safety of the hotel, or its public reputation, without this being attributable to the hotel's sphere of control or organization; or if there is a breach of clause I, no. 2 above.

4. In the event of a justified cancellation by the hotel, the customer is not entitled to compensation.

VI. Room preparation, handover and return

1. The customer does not acquire any right to the provision of specific rooms.

2. Booked rooms are available to the customer from 3:00 p.m. on the agreed arrival day. The customer has no right to earlier access.

3. On the agreed departure date, the rooms must be vacated and made available to the hotel by 12:00 noon at the latest. If the room is not vacated by this time, the hotel may charge 50% of the full room rate (list price) for its use until 6:00 p.m., and 100% thereafter. This does not establish any contractual claims for the customer. The customer is free to prove that the hotel incurred no loss or a significantly lower loss of revenue.

VII. Hotel Liability

1. The hotel is liable for its contractual obligations with the due diligence of a prudent businessperson. The customer's claims for damages are excluded. This exclusion does not apply to damages resulting from injury to life, body, or health if the hotel is responsible for the breach of duty; other damages based on an intentional or grossly negligent breach of duty by the hotel; and damages based on an intentional or negligent breach of essential contractual obligations by the hotel. A breach of duty by the hotel is equivalent to a breach of duty by its legal representatives or agents. Should disruptions or defects occur in the hotel's services, the hotel will endeavor to remedy the situation upon becoming aware of it or upon receiving immediate notification from the customer. The customer is obligated to contribute what is reasonable to remedy the disruption and minimize any potential damage.

2. The hotel is liable to the customer for items brought onto the premises in accordance with statutory provisions, up to one hundred times the room rate, but not exceeding €3,500.00, and for cash, securities, and valuables up to €800.00. The hotel recommends making use of this option. Liability claims expire if the customer does not immediately notify the hotel upon becoming aware of any loss, destruction, or damage (§ 703 BGB). For any further liability of the hotel, the provisions of paragraph 1, sentences 2 to 4 above, apply accordingly.

3. If the customer is provided with a parking space in the hotel garage or on a hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. The hotel is not liable for loss of or damage to motor vehicles parked or moved on the hotel premises and their contents, except in cases of intent or gross negligence. The provisions of paragraph 1, sentences 2 to 4 above, apply accordingly.

4. Wake-up calls are carried out by the hotel with the utmost care. Messages, mail, and parcels for guests are handled with care. The hotel undertakes the delivery, safekeeping, and—upon request and for a fee—the forwarding of these items. The provisions of paragraph 1, sentences 2 to 4, apply accordingly.

VIII. Final Provisions

1. Amendments or additions to the contract, the acceptance of the application, or these terms and conditions for hotel accommodation must be made in writing. Unilateral amendments or additions by the customer are invalid.

2. The place of performance and payment is the hotel's registered office.

3. The exclusive place of jurisdiction – also for disputes concerning checks and bills of exchange – is, in commercial transactions, the hotel's registered office. If a contracting party meets the requirements of Section 38 Paragraph 2 of the German Code of Civil Procedure (ZPO) and does not have a general place of jurisdiction within Germany, the hotel's registered office shall be deemed the place of jurisdiction.

4. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict of laws rules is excluded.

5. Should any provision of these General Terms and Conditions for Hotel Accommodation be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. Otherwise, the statutory provisions shall apply.

Stand: April 2006

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