GENERAL TERMS AND CONDITIONS OF BUSINESS

General terms and conditions of all hotels of Soller SISA Hotel Operator GbR for hotel accommodation and events

I. SCOPE

1. These terms and conditions apply to all contracts

1.1. the rental of hotel rooms for accommodation as well as all other services and deliveries provided to the customer in this context (hereinafter referred to as the hotel accommodation contract) of the respective Soller SISA GbR hotel (hereinafter referred to as the hotel). The term hotel accommodation contract includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room contract;

1.2. the rental of the hotel’s conference, banquet and event rooms for the organization of events such as banquets, seminars, meetings, exhibitions and presentations, etc. as well as for all other services and deliveries provided by the hotel to the customer in this context.

2. The subletting or subletting of the rooms, premises, areas or showcases as well as public invitations and the holding of sales or similar events require the hotel’s prior consent in writing, whereby Section 540 Paragraph 1 Sentence 2 of the German Civil Code (BGB) is waived, insofar as the customer is not a consumer.

3. These terms and conditions apply exclusively. Terms and conditions that conflict with or deviate from these will not be recognized unless they have been expressly agreed upon in writing beforehand. Special contractual agreements between the hotel and the customer take precedence.

II. CONCLUSION OF CONTRACT, PARTNERS

1. The contract is concluded when the hotel accepts the customer’s application. The hotel is free to confirm the booking of the room or event in text form or by email.

2. The contractual partners are the hotel and the customer who uses the hotel’s services. If a third party has ordered for the customer, he or she is liable to the hotel together with the customer as joint and several debtors for all obligations arising from the relevant contract.

III. SERVICES, PRICES, PAYMENT

1. The hotel is obliged to keep the rooms booked by the customer available, to provide the services ordered by the customer and promised by the hotel and to provide the services agreed with the customer. Unless otherwise agreed, there is no entitlement to the provision of a specific room or – in the case of events – a room allocated in advance for organizational reasons.

2. The customer is obliged to pay the hotel’s applicable or agreed prices for the room rental and for the other services used by him. This also applies to services ordered by the customer directly or through the hotel, which are provided by third parties and paid for by the hotel. This also applies in particular to claims from copyright collecting societies.

3. The agreed prices include taxes and local charges applicable at the time the contract is concluded. Local taxes that are owed by the customer according to local law, e.g. tourist tax, are not included. If there is a change in the statutory sales tax or the introduction, change or abolition of local taxes on the subject of the service after the contract has been concluded, 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.

4. The hotel is entitled to demand an appropriate advance payment or security, for example in the form of a credit card guarantee, from the customer upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in text form in the contract. For stays of more than a week or claims of more than EUR 1,000.00 for services already provided, the hotel can also issue interim invoices that are due for payment immediately.

5. In justified cases, for example if the customer is in arrears with payments or the scope of the contract is extended, the hotel is entitled, even after the conclusion of the contract, until the start of the stay and/or until the start of the event in accordance with Section III above. 4. to demand an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.

6. Furthermore, the hotel is entitled, at the beginning and during the stay, to demand an appropriate advance payment or security deposit from the customer within the meaning of Section II. 4. above for existing and future claims arising from the contract, unless such payment has already been made in accordance with Section III above. 4. and/or the following section III. 5. provided by the customer.

6.1. The hotel may make its consent to a subsequent reduction in the booked rooms, the hotel’s services or the customer’s length of stay requested by the customer dependent on an increase in the price of the rooms and/or other services to be provided by the hotel.

6.2. In the case of hotel accommodation contracts, the total invoice amount to be paid by the customer is due and payable no later than the customer’s departure. Deposits required by the hotel must be paid by the date specified by the hotel.

6.3. Furthermore, invoices from the hotel without a due date are payable without deductions within ten days of receipt of the invoice. The hotel can demand immediate payment of outstanding claims from the customer at any time.

6.4. If the customer defaults on payment, the hotel is entitled to charge the applicable statutory default interest of currently 8% or, in the case of legal transactions in which a consumer is involved, 5% above the base interest rate. The hotel reserves the right to prove greater damage. In addition, the hotel is entitled to discontinue all further and future services for the customer if the hotel has previously given the customer a reminder and has threatened to discontinue future services in the event of late payment.

6.5. The hotel is free to accept and select credit cards in each individual case when a credit card is presented, even if the general acceptance of credit cards is indicated on notices in the hotel. Otherwise, checks, credit cards and other means of payment will only be accepted on account of performance.

IV. RIGHT OF SET-OFF

The customer can only set off an undisputed or legally binding claim against a claim of the hotel.

V. WITHDRAWAL OF THE HOTEL

1. Insofar as a free right of withdrawal by the customer within a specified period was expressly agreed in writing at the time of contract conclusion, the hotel is entitled to withdraw from the contract during this period if inquiries from other customers regarding the contractually booked rooms or event spaces have been received and the customer, upon the hotel’s request, does not waive their right of withdrawal.

2. If a service according to Section III above. If the agreed or requested advance payment or security is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw.

3. Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons. An objectively justified reason exists if:
force majeure or other circumstances for which the hotel is not responsible make fulfillment of the contract impossible; Rooms are booked using misleading or materially false information, e.g. in the identity of the customer or the purpose; Events or rooms are culpably booked using misleading or false information or concealing essential facts; The identity of the customer, the ability to pay or the purpose of the stay may be important; the hotel has reasonable grounds to believe that the use of the Hotel performance may endanger the smooth business operations, security or public reputation of the hotel without this being attributable to the hotel’s control or organizational area; the purpose or reason for the stay and/or event is unlawful; the customer leaves the room for use by a third party without the hotel’s consent.

4. The hotel’s justified withdrawal does not justify the customer’s claim to compensation.

VI. CUSTOMER’S WITHDRAWAL FROM THE HOTEL ACCOMMODATION CONTRACT

1. The customer can only withdraw from the hotel accommodation contract concluded with the hotel if a right of withdrawal was expressly agreed in the contract, another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal and any consent to a cancellation of the contract must be made in writing.

2. If a date for free cancellation of the contract has been agreed between the hotel and the customer, the customer can withdraw from the contract up to that date without triggering any payment or compensation claims from the hotel. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal vis-à-vis the hotel by the agreed date.

3. If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination and the hotel does not agree to a cancellation of the contract, the hotel retains the right to the agreed remuneration despite the non-use of the service. The hotel must take into account the income from renting the rooms to other parties and the expenses saved. If the rooms are not rented out to anyone else, the hotel can deduct a flat rate for saved expenses. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for overnight accommodation with or without breakfast and for package arrangements with third-party services, 70% for half-board and 60% for full-board arrangements. The customer is free to provide evidence that the aforementioned claim did not arise or did not arise to the required amount.

VII. CUSTOMER’S WITHDRAWAL FROM EVENTS ETC.

1. The customer can only withdraw from the event contract concluded with the hotel if a right of withdrawal was expressly agreed in the contract, another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal and any consent to a cancellation of the contract must be made in writing.

2. If a date for free withdrawal from the contract has been agreed between the hotel and the customer, the customer can withdraw from the contract up to that date without triggering any payment or compensation claims from the hotel. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal vis-à-vis the hotel by the agreed date.

4. There is no obligation to pay compensation if the cancellation is made up to 84 days before the agreed event date. The compensation for cancellation is:

up to 42 days before the start of the event 50%
up to 14 days before the start of the event 75%
from 13 days before the start of the event 90%

the agreed price or the price resulting from the hotel’s price list for the agreed event. If the customer has only rented premises (without food and drinks), the compensation amounts to 90% of the agreed price regardless of the time of termination. The customer is free to provide evidence that the claim did not arise or did not arise to the amount demanded. The hotel is free to provide evidence that greater damages have arisen.

VIII. ROOM HANDOVER AND RETURN

1. The customer does not acquire any right to the provision of specific rooms unless this has been expressly agreed.

2. Booked rooms are available to the customer from 3 p.m. on the agreed day of arrival. The customer has no right to earlier provision without a separate agreement.

3. Unless a later arrival time has been agreed in advance or the room has already been paid for in full in advance or the customer has provided the hotel with a credit card number that allows the room price to be debited even if the customer does not show up, the hotel has the right to reassign the booked room after 4 p.m. The customer has no claims against the hotel in this case.

4. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 12 noon at the latest. After that, the hotel can charge 50% of the full accommodation price (list price) for the following night for use of the room beyond the contractual time until 6 p.m. and 100% from 6 p.m. This does not constitute grounds for the customer to make any contractual claims. The customer is free to prove that the hotel has suffered no damage or that the damage was significantly lower. Any further possible claims for damages by the hotel remain unaffected.

5. The hotel is entitled to refuse a customer access to the hotel and accommodation if, upon the customer’s arrival, there is reasonable concern that the customer is under the influence of drugs or alcohol or is behaving abusively towards the hotel staff or other customers. The hotel is entitled to expel a customer from the hotel and terminate the existing contract with him without notice if he repeatedly disturbs the peace, harasses or insults other customers or hotel staff.

IX. CHANGES TO THE EVENT TIME, ADDITIONAL SERVICES

1. If the agreed start or end times of an event are changed and the hotel agrees to these deviations, the hotel can charge an appropriate amount for the additional service, unless the hotel is at fault for the change.

2. If the customer wishes to change the agreed seating arrangement on the day of the event, the hotel reserves the right to charge a flat rate of EUR 75 for the change.

3. For booked events for which the hotel provides services or has to provide services for a certain agreed number of people, the actual number of people may be a maximum of 20% less than the number stated in the event contract, regardless of the time of the reduction.

4. The customer is obliged to inform the hotel of the final number of people at least 5 working days before the start of the event.

5. If the number of people increases, the actual number of people will be used as the basis for the billing. Reductions in the actual number of people compared to the number reported as final will not be taken into account and will not be used as the basis for the billing.

6. If the actual number of participants is lower, the hotel is entitled to charge the customer the full amount for the difference between the actual number of participants and the maximum permissible reduction.

7. Any costs incurred in addition to the contractually agreed services, such as telephone, drinks from the (mini) bar and additional food and drinks ordered, must be paid for by each event participant themselves. The customer is jointly and severally liable for this together with the event participant.

X. BRINGING FOOD AND DRINKS TO EVENTS

The customer is not allowed to bring food and drinks to events. Exceptions require an agreement with the hotel. In these cases, a contribution to cover overhead costs will be charged.

XI. TECHNICAL EQUIPMENT AND CONNECTIONS

1. If the hotel procures technical and other equipment from third parties for the customer at the customer’s request, it does so in the name, on behalf of and at the expense of the customer. The customer is liable for the careful handling and proper return. He releases the hotel from all claims by third parties arising from the provision of these equipment.

2. The use of the customer’s own electrical equipment using the hotel’s power grid requires the hotel’s consent. Any malfunctions or damage to the hotel’s technical equipment caused by the use of these devices are at the customer’s expense, unless the hotel is responsible for them. The hotel may record and charge a flat rate for the electricity costs incurred through use.

3. With the hotel’s consent, the customer is entitled to use his own telephone, fax and data transmission equipment. The hotel may charge a connection fee for this.

4. If suitable hotel equipment remains unused due to the customer’s own equipment being connected, a compensation fee may be charged.

5. Malfunctions in technical or other equipment provided by the hotel will be remedied as soon as possible. Payments cannot be withheld or reduced if the hotel is not responsible for these disruptions.

XII. LOSS OR DAMAGE TO ITEMS BROUGHT WITH YOU

1. Any exhibition or other items, including personal items, brought into the event rooms or in the hotel are at the customer’s risk. The hotel accepts no liability for loss, destruction or damage, including financial losses, except in the case of gross negligence or intent on the part of the hotel. Excluded from this are damages resulting from injury to life, body or health. In addition, all cases in which safekeeping is a contractual obligation due to the circumstances of the individual case are excluded from this liability exemption.

2. Decorative material brought along must comply with fire protection requirements. The hotel is entitled to request official proof of this. If such proof is not provided, the hotel is entitled to remove material already brought in at the customer’s expense. Due to possible damage, the setting up and attachment of items must be agreed with the hotel in advance.

3. Exhibition or other items brought along must be removed immediately after the end of the event. If the customer fails to do so, the hotel may remove and store them at the customer’s expense. If the items remain in the event room, the hotel may charge reasonable compensation for the duration of the room being withheld.

XIII. CUSTOMER LIABILITY FOR EVENTS

1. If the customer is an entrepreneur, he is liable for all damage to the building or inventory caused by event participants or event visitors, employees, other third parties from his area or himself.

2. The customer indemnifies the hotel against all claims by third parties that are based on the conduct of the customer, his employees, the event participants and his vicarious agents.

XIV. LIABILITY OF THE HOTEL

1. The customer’s claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body or health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the hotel, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract. In the event of a breach of essential contractual obligations, the hotel is only liable for the damage that is typical for the contract and foreseeable if this was caused by simple negligence, unless it concerns claims for damages by the customer resulting from injury to life, body or health. The above restrictions also apply to the benefit of the hotel’s legal representatives and vicarious agents if claims are asserted directly against them.

2. The hotel is liable to the customer for items brought in in accordance with the statutory provisions. The hotel recommends using the hotel or room safe. If the guest wishes to bring money, securities and valuables with a value of more than EUR 800.00 or other items with a value of more than EUR 3,500.00, this requires a separate storage agreement with the hotel.

3. If the customer is provided with a parking space in the hotel garage or on the hotel car park, even for a fee, this does not constitute a storage contract. In the event of loss or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel is only liable in accordance with the above section XIV. 1., sentences 1 to 4.

4. Wake-up calls are carried out by the hotel with the utmost care. Messages, mail and consignments of goods for the customer are handled with care. The hotel undertakes delivery, storage and – upon request – forwarding of the same for a fee. The hotel is only liable in accordance with the above section XIV. 1., sentences 1 to 4.

XV. RIGHT OF REJECTION/RIGHT OF REFERRAL

The hotel is entitled to refuse a customer access to the hotel and accommodation if, upon arrival, there are reasonable concerns that the customer is under the influence of drugs or alcohol or is behaving abusively towards hotel staff or other customers. The hotel is entitled to expel a customer from the hotel and terminate the contract with him without notice if he repeatedly disturbs the peace, harasses or insults other customers or hotel staff.

XVI. FINAL PROVISIONS

1. Changes and additions to the contract, the acceptance of the application or these general terms and conditions should be made in text form. Unilateral changes or additions by the customer are ineffective.

2. The place of fulfillment and payment in commercial transactions is the headquarters of the respective hotel.

3. In commercial transactions – including for check disputes – the exclusive place of jurisdiction is Munich. The hotel can, at its discretion, also sue the customer at the location of the respective hotel or at the location of the customer. The same applies if the customer meets the requirements of Section 38 Paragraph 2 ZPO and does not have a general place of jurisdiction in Germany.

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

As of: March 2022