1. SCOPE

1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and other services of the hotel (hotel accommodation contract).
2. The subletting or reletting of the rooms provided as well as their use for purposes other than accommodation require the prior consent of the hotel in text form.
3. The customer’s general terms and conditions shall only apply if this has been expressly agreed in text form in advance.

2. CONCLUSION OF THE CONTRACT, CONTRACTING PARTIES, LIMITATION PERIOD

1. The contract is concluded by the acceptance of the customer’s application by the hotel. The hotel is free to confirm the room booking in text form.
2. Contractual partners are the hotel and the customer. If a third party has ordered for the customer, he is liable to the hotel together with the customer as joint and several debtors.
3. All claims against the hotel are generally subject to a limitation period of one year from the statutory commencement of the limitation period. Claims for damages are subject to a limitation period of five years. The reductions in the statute of limitations do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

3. SERVICES, PRICES, PAYMENT, OFFSETTING

1. The hotel is obliged to keep the rooms booked by the customer ready and to provide the agreed services.
2. The customer is obliged to pay for the room rental and other services used by him/her at valid prices of the hotel. This also applies to services and expenses of the hotel to third parties initiated by the customer. The agreed prices include the respective statutory value added tax.
3. The hotel may make its consent to a subsequent reduction requested by the customer in the number of rooms booked, the hotel’s service or the customer’s length of stay conditional on an increase in the price for the rooms and/or for the hotel’s other services.
4. Invoices of the hotel are payable without deduction within 14 days from the date of sending the invoice. In case of late payment, the hotel is entitled to charge a lump sum (late fee, handling fee) in the amount of 25.00 Euro.
5. The hotel is entitled to demand advance payment or security from the customer upon conclusion of the contract. The hotel reserves the right to pre-authorize credit cards deposited as security prior to arrival.
6. In justified cases, e.g. payment arrears of the customer, the hotel is entitled to refuse further services.
7. The customer may only offset or set off an undisputed or legally binding claim against a claim of the hotel.

4. resignation of the customer (discontinuation, cancellation and no-show)

1. 1. withdrawal of the customer from the contract concluded with the hotel requires the consent of the hotel in text form. If this is not done, the agreed price from the contract must be paid even if the customer does not use contractual services.
2. If the hotel and the customer have agreed on a date for the cost-free withdrawal from the contract in text form, the customer may withdraw from the contract until then without triggering payment or damage claims by the hotel. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal towards the hotel in text form by the agreed date.
3. In the case of rooms not used by the customer, the hotel shall credit the income from renting these rooms to other parties. If the rooms are not otherwise rented, the hotel may charge 100% of the contractually agreed remuneration.
4. The right to withdraw from the contract concluded with the hotel expires from two weeks before the contractually regulated day of arrival. Note: According to Directive 2011/83/EU of the European Parliament, Article 16, the 14-day right of withdrawal does not apply to hotel bookings. The cancellation conditions of the hotel apply.

5. CANCELLATION OF THE HOTEL

1. If the customer’s right to withdraw from the contract free of charge within a certain period of time has been agreed upon in writing, the hotel is entitled for its part to withdraw from the contract within this period of time if there are requests from other customers for the contractually booked rooms and the customer does not waive his right to withdraw upon inquiry by the hotel.
2. If an agreed advance payment or an advance payment demanded above pursuant to clause 3, no. 5 is not made even after expiration of a reasonable grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract.
3. Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for an objectively justified reason, for example if
   – force majeure or other circumstances beyond the control of the hotel make it impossible to fulfill the contract;
   – rooms are booked under misleading or false statement of material facts, e.g. in the person of the customer or the purpose;
   – the hotel has reasonable grounds to believe that the use of the hotel’s services may jeopardize the smooth operation of the business, the safety or the reputation of the hotel in the public, without this being attributable to the control or management of the hotel. organizational area of the hotel is attributable;
   – there is a violation of clause 1. no. 2 above.
4. In the event of justified withdrawal by the hotel, the customer shall not be entitled to compensation.

6. ROOM PROVISION, HANDOVER AND RETURN

1. The customer does not acquire any right to the provision of certain rooms, unless this has been expressly agreed in text form.
2. Booked rooms are available to the customer from 14:00 on the agreed day of arrival. The customer has no right to earlier
   Provision.
   On the agreed day of departure, the rooms must be vacated and made available to the hotel by 12:00 noon at the latest. Thereafter, due to the late vacating of the room, the hotel may charge 50% of the full lodging price (list price) for its use in excess of the contract until 6:00 p.m., and 100% thereafter.
   Contractual claims of the customer are not justified by this.

7. LIABILITY OF THE HOTEL

1. The hotel is liable for its obligations under the contract. Claims of the customer for damages are excluded. Excluded from this are 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 typical contractual obligations of the hotel. In the event of disruptions or deficiencies in the hotel’s services, the hotel will endeavor to remedy the situation if it becomes aware of them or if the customer complains about them without delay. The customer is obligated to contribute what he can reasonably be expected to do in order to remedy the disruption and keep any possible damage to a minimum. The hotel is not liable for third-party services.
2. The hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions. Accordingly, the liability is limited to one hundred times the room rate, but not more than € 3,500, – and differently for money, securities and valuables not more than € 800. Money, securities and valuables can be stored in the hotel safe up to a maximum value of € 3,500.
3. Insofar as a parking space is made available to the customer in the garage or in a hotel parking lot, even for a fee, this does not constitute a custody agreement. In the event of loss or damage to motor vehicles, trailers, motorcycles or trailers and their contents parked or maneuvered on the hotel property, the hotel shall not be liable, except in cases of intent or gross negligence.
4. The hotel will endeavor to carry out wake-up calls with the utmost care. However, claims for damages due to omission or due to technical failure are excluded. Messages, mail and merchandise shipments for guests are handled with care. The hotel will take care of the delivery, storage and – on request – forwarding of the same against payment.
   Number 1 sentences 2 to 4 above shall apply mutatis mutandis.

8. FINAL PROVISIONS

1. Amendments and supplements to the contract or these General Terms and Conditions shall be made in text form. Unilateral changes or additions by the customer are invalid. Deviating terms and conditions of the customer shall be excluded by the aforementioned terms and conditions.
   expressly excluded.
2. The place of performance and payment is the location of the hotel.
3. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws or similar is excluded.
4. Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.

Hotel Alexander Berlin, as of June 2017