Hotel - Platengarten 91522 Ansbach, Germany Promenade 30 Betreibergesellschaft: „HOTEL PLATENGARTEN GMBH“ Geschäftsführung: Ursula Butschal fon:0981-971420 Fax:0981-9714242 General Terms and Conditions of Trade I. Application 1. These Standard Terms of Business apply to contracts for the rental of hotel rooms, hotel Conference, banqueting and function rooms as well as for all further Services and deliveries by the hotel in connection herewith. 2. The customer's Standard terms shall only apply when this has been expressly agreed in writing. II. Conclusion and content of the contract 1. Offers from the hotel are always non-binding. The contract comes into being through the acceptance of the hotel. The hotel shall be free as to whether it confirms the booking in writing. 2. The subletting of the hotel rooms, function rooms, areas or cupboards provided as well as the use of the rented premises and areas for job interviews, sales and similar functions is generally not permitted and requires the prior written consent of the hotel. 3. The customer shall have no right to the availability of particular rooms. Unless otherwise agreed, the hotel rooms are to be occupied not earlier than 15:00hrs on the day of arrival (check-in time). The customer shall have no right to an earlier availability time. On the agreed day of departure, the hotel rooms are to be vacated not later than 12:00hrs (check-out time). Thereafter by reason of the delayed vacating of the room, the hotel may charge 50 % of the full accommodation price (list price) for such longer use up until 18:00hrs, after 18:00hrs 100 %. No contractual rights of the customer shall be created thereby. The customer shall be free to evidence that the hotel has incurred no or a significantly lower claim for compensation of use. 4. It is generally not permitted to bring food, drink, flowers or furnishings to functions. Exceptions require a written agreement with the catering department. In such cases, a corkage fee and/or other charges plus a service charge to cover the general costs shall be invoiced. 5. The use of the hotel facilities is permitted only during the relevant open hours. The current opening hours are displayed at the entrance of the relevant hotel facility. The hotel reserves the right to change the opening hours or to close facilities in whole or in part, in particular due to renovation works or hotel functions or when their use is not possible or restricted for other reasons. III. Prices, payments 1. The customer is obliged to pay the hotel's applicable or agreed prices for the accommodation and/or functions as well as for other Services which are used. This also applies to Services provided and expenses incurred by the hotel to third parties on the customer's instructions. For Services provided after 24:00hrs, the hotel is entitled to impose a night surcharge for each hour or part of an hour in which employees are held available. 2. The agreed prices include the current statutory Value Added Tax, except where a different agreement has been reached. If the period between the conclusion and the fulfilment of the contract exceeds four months and the prices generally charged by the hotel for such Services or the statutory Value Added Tax increase, then the hotel may raise the agreed prices by a reasonable amount, however, not more than 10%. 3. Invoices shall be issued in EURO. Where payments are made in foreign currency, any exchange rate differences and bank charges shall be borne by the payer. Advance payments in foreign currency shall be credited towards the total invoice on the value date. 4. Invoices from the hotel shall be paid within 10 days after receipt of the invoice but not later than 30 days after the day of departure without deduction. Where payment is delayed, the hotel is entitled to charge interest at the rate of 10% p.a. The customer remains entitled to evidence a lower, the hotel a higher loss. 5. The hotel is entitled at any time to demand a reasonable payment in advance. Except where the amount of the advance payment and the due dates for payment have been otherwise agreed in writing in the contract, the following advance payments are agreed: a) or accommodation (room & breakfast) for groups of at least 30 room nights 10% deposit upon conclusion of the contract as guarantee, plus 50% deposit 90 calendar days before arrival date, plus 30% deposit 30 calendar days before arrival date, remainder within 1 calendar days after presentation of the invoice. b) for functions (room rental, general charges, flat rate for beverages & catering revenue and conference charges) for Orders of at least € 5.000,00 in value 10% deposit upon conclusion of the contract as guarantee, plus 50% deposit 90 calendar days before the start of the function, plus 30% deposit 30 calendar days before the start of the function, remainder within 1 calendar days after presentation of the invoice. 6. A pledge is created by the deposit of all items of any type brought in by the customer in respect of all Claims, which are connected with the relevant contract. 7. Complains possibly concerning the billing have to be communicated to the hotel immediately after arising. 8. The hotel has to be notified about the requested billing mode (addressee) when signing contracts or immediately upon completion of Services. IV. The Hotel's right to withdraw 1. If an agreed advance payment is not made even after the expiry of a reasonable deadline set by the hotel, the hotel shall be entitled to withdraw from the contract. 2. The hotel is also entitled to withdraw from the contract for objectively justified reasons, for example if - force majeure or other circumstances for which the hotel is not responsible make the fulfilment of the contract impossible, - accommodation or functions were booked under misleading or incorrect statements of material facts, e.g. the customer or the purpose of use - the hotel has justified cause to assume that the accommodation and/or function may endanger the smooth business operations, the safety or the reputation of the hotel in public, without this being attributable to the management or Organisation of the hotel or - there is a breach of the above clause II.2. 3. The hotel must notify the customer without delay of the exercise of the right to withdraw. 4. If the hotel is entitled to withdraw, then the customer shall not be entitled to damages. Any claims under clause IX shall remain unaffected. V. Cancellation by the customer 1. Cancellations must be made in writing. 2. For accommodation, the following applies to a cancellation by the customer: a) In case of cancellation the customer is obliged to pay 80% of the agreed room rate for each room and booked night. b) For group bookings of at least 20 room nights - up to 90 calendar days before arrival of the group, 90% of the booked or remaining room nights may be reduced free of Charge, - up to 60 calendar days before arrival of the group, 70% of the booked or remaining room nights may be reduced free of charge, - up to 30 calendar days before arrival of the group, 40% of the booked or remaining room nights may be reduced free of Charge, - up to 14 calendar days before arrival of the group, 20% of the booked or remaining room nights may be reduced free of charge, - up to 5 calendar days before arrival of the group, 5% of the booked or remaining room nights may be reduced free of charge. 3. Where an allocation of rooms has been reserved on call, clause V.2. shall apply accordingly to the cancellation of rooms after booking. If guests book individual rooms directly, the customer remains liable until the full allocation of rooms has been booked. 4. For functions, the following shall apply to a cancellation by the customer: - up to 60 calendar days before the date of the function, or 120 days for rental of the Festsaal, the customer may withdraw free of charge up to a room rental value of EUR 2,000.00. - If the customer withdraws between 60 and 30 calendar days before the date of the function, or between 120 and 30 calendar days for the rental of the Festsaal, then the hotel is entitled to invoice the agreed rental price, to the extent it is no longer possible to re-rent the rooms, however at least 10 % of the agreed rental price. - If the customer withdraws between 30 and 14 calendar days before the date of the function, then the hotel is entitled to invoice the agreed rental price plus 50% of the lost food revenue. - If the customer withdraws between 14 and 7 calendar days before the date of the function, then the hotel is entitled to invoice the agreed rental price plus 75% of the lost food revenue. - upon later withdrawal also the full food revenue. - The catering revenue shall be calculated using the formula: catering menu price x the number of persons. - If no price had been agreed for the menu, the food price or the cheapest 3- course meal at the then current function prices shall form the basis. - If no estimated room rental for the function was given, the current room rental prices for this period shall apply. - If a daily rate per participant has been agreed, then the hotel shall be entitled to charge 10 % of the agreed daily rate times the agreed number of participants for a cancellation up to 60 calendar days before the date of the function, or 120 days for the rental of the Festsaal, 60 % for a cancellation between 60 calendar days, or 120 calendar days for the rental of the Festsaal, and 30 calendar days before the date of the function, or 85 % in the case of a later cancellation. If a function has been booked for fewer than 25 persons, a cancellation is possible free of charge up to 60 calendar days before the date of the function. 5. A change of the contractual extent through later arrival or early departure shall also be deemed to be a cancellation for the purposes of the above provisions. 6. The customer remains entitled to evidence a lower loss, the hotel a higher one. VI. Changes to the number of participants and function times 1. A change to the number of participants by more than 5% must be notified to the catering department at least 5 working days before the start of the function; this requires the written approval of the hotel Without a corresponding written approval from the hotel, where the number of participants is lower the charges shall be based on the contractually agreed number of participants crediting any expenditure saved. 2. In the event of a higher number, the actual number of participants will be charged. 3. The hotel is entitled to make its approval of a reduction by more than 10% of the number of participants, which is notified later than five working days before the start of the function, subject to the condition that the agreed prices are redetermined and/or the confirmed rooms are changed. 4. If the agreed start and end times of the function are changed without the prior written approval of the hotel, the hotel may invoice additional costs for holding the Services ready. 5. The hotel may allocate different function rooms to the customer from those originally booked, when this is not unreasonable for the customer, in particular when urgent maintenance works have to be carried out or the originally booked rooms are otherwise required and the alternative rooms allocated are comparable to those originally booked in capacity and facilities, or are at least suitable in the same way for the function planned by the customer. The hotel shall notify the customer without delay of any change of the function rooms. VII. Technical facilities and connections 1. To the extent the hotel obtains technical or other facilities as well as Services from third parties at the request of the customer on its behalf, it acts in the name, with the authority and for the account of the customer. The customer shall be liable for handling such items with due care and for their proper return. The customer shall indemnify the hotel against all Claims of third parties for the Provision of these facilities. 2. For installations of technical extras and equipment, the hotel may demand that these are inspected by the TÜV and that the customer furnishes the technical examination certificate to the hotel without delay and without being asked. 3. The use of the customer's own electrical equipment using the hotel's electricity requires its written approval. The hotel is entitled to invoice a fixed usage fee for this. The customer shall be liable for disruptions or damage to the technical facilities of the hotel occurring through the use of his equipment, to the extent this does not fall within the hotel's area of responsibility. 4. The customer is entitled with the approval of the hotel to use its own telephone, telefax and data transfer facilities. The hotel is entitled to Charge a connection fee for this. 5. If suitable equipment from the hotel remains unused through the connection of the customer's own equipment, the hotel is entitled to invoice a shortfall fee. VIII. Customer's decoration materials and other items 1. Decoration materials brought in by the customer must comply with the fire regulations. The hotel may demand the presentation of an official certificate. 2. Because of the danger of possible damage, the hanging and fixing of items to the walls is prohibited. The hotel will provide appropriate Stands or decorative screens, for which there is a Charge. 3. All exhibition or other items brought by the customer must be removed without delay after the end of the stay and/or the function. If the customer fails to comply with this Obligation, the hotel may carry out the removal and storage at the customer's expense. If the items remain in the function room, the hotel may Charge the room rental until they are removed. The customer remains entitled to evidence a lower, the hotel a higher loss. The necessary disposal of rubbish left behind shall again take place at the customer's expense. The above provisions also apply to items which are rented from third parties or are brought into the hotel rooms. IX. Liability of the Hotel 1. Claims for damages for any legal reason whatsoever are excluded, unless the hotel has acted with intent or is responsible for its own gross negligence or the gross negligence of its statutory representatives or senior executives as well as its other agents, or where the claim for damages results from the breach of material contractual obligations. A liability hereunder is in all cases of mere negligence limited in amount to the foreseeable typical contractual loss. The liability for damages from injury to life, personal injury or health shall remain unaffected. 2. Where the customer is a guest with accommodation, the hotel shall be liable for items brought in under § 701 et seq. German Civil Code. Thereunder, the liability is limited to 100 times the room price, however, at most € 3,500.00 or € 800.00 for money and valuable items. 3. The hotel shall be liable pursuant to clause IX.1 for any damage to vehicles of the customer which have been parked in a hotel garage parking bay, when such damage is the responsibility of the hotel, its employees or agents. The customer shall be obliged to notify such damage without delay, obvious damage at the latest before leaving the hotel garage/parking area. The hotel shall not be liable for damage which is solely caused by other customers or other third parties. The hotel shall not be liable towards the customer for losses to the belongings of third parties which are caused by the customer's vehicle. Liability for death, personal injury or damage to health as well as liability for intent and gross negligence of the hotel shall remain unaffected. X. Liability of the Customer The customer shall be liable for damage to buildings and/or furnishings which are caused by himself, his family members or guests, participants or visitors to functions, employees or other third parties from his sphere, under the statutory provisions. It shall be for the customer to obtain sufficient insurance for such types of liability. The Hotel is entitled to demand evidence of a corresponding insurance. XI. Final Provisions 1. Amendments or additions to this contract, including to this written form requirement, must be made in writing. 2. Place of fulfilment and payment is the registered offices of the hotel. 3. Exclusive place of jurisdiction in commercial transactions, including for cheque and bills of exchange disputes, is the registered offices of the hotel. If the customer has no general place of jurisdiction in Germany, the place of jurisdiction shall again be the registered offices of the hotel. 4. German law shall apply. 5. Should individual terms of these Standard terms of business be invalid or void, this shall not thereby affect the validity of the remaining terms. The same applies to gaps in the contract. Apart from this, the statutory provisions shall apply. ADD: Contracting parties are the hotel and the customer. Has placed the order for Mom, he is liable to the hotel together with the customer and severally liable for all obligations arising from the hotel accommodation contract, if the hotel has a corresponding statement by the third party.