General Terms and Conditions (GTC)

Hotel Attaché Frankfurt UG

I Scope

1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation, as well as all other services and deliveries provided by the hotel to the customer, hereinafter referred to as the hotel accommodation contract.

2. Subletting or further rental of the provided rooms or event spaces, as well as the use of the rooms for purposes other than accommodation, require the prior written consent of the hotel.

3. The customer’s terms and conditions apply only if agreed upon in writing beforehand.

II Conclusion of Contract, Partners, Liability; Statute of Limitations

1. The contract is formed by the acceptance of the customer’s offer by the hotel. The hotel is free to confirm the room reservation in writing.

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

3. All claims against the hotel generally expire within one year from the beginning of the knowledge-dependent regular limitation period pursuant to § 199 (1) BGB (German Civil Code). Claims for damages expire regardless of knowledge in five years. The limitation reductions do not apply to claims based on intentional or grossly negligent breaches of duty by the hotel.

4. This limitation of liability and short limitation period also applies in favor of the hotel in case of breaches of obligations during contract initiation and positive breach of contract.

III Services, Prices, Payment, Offset

1. The hotel is obligated to provide the rooms booked by the customer and to render the agreed services.

2. The customer is obligated to pay the prices of the hotel applicable or agreed upon for the provision of rooms and the additional services used by the customer. This also applies to services and expenses incurred by the hotel on behalf of the customer for third parties.

3. The agreed prices include the respective statutory value-added tax. If the value-added tax rate increases on the day of service provision, the agreed prices will change accordingly. The hotel is entitled to pass on the increased value-added tax. If the period between the conclusion of the contract and the fulfillment of the contract exceeds 4 months and the price generally charged by the hotel for such services increases, the hotel can reasonably increase the contractually agreed price, but not more than 10%.

4. Prices may also be changed by the hotel if the customer subsequently wishes changes to the number of booked rooms, the hotel’s services, or the length of stay of the guests, and the hotel agrees to such changes.

5. Invoices from the hotel without a due date are payable within 10 days from the receipt of the invoice without any deductions. The hotel is entitled to declare accrued claims due at any time and to demand immediate payment. In the event of payment default, the hotel is entitled to charge interest at the rate of currently 8%, or in the case of legal transactions involving a consumer, 5% above the base rate of the European Central Bank. The customer has the right to prove a lower, and the hotel to prove a higher, damage. For each reminder issued after the occurrence of default, the customer is obliged to reimburse reminder costs in the amount of EUR 5. All further costs incurred in the context of debt collection shall be borne by the customer.

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

7. Furthermore, the hotel is entitled to demand a reasonable advance payment or security deposit from the customer at the beginning and during the stay in accordance with the above No. 6 for existing and future claims arising from the hotel accommodation contract, to the extent that such has not already been done in accordance with the above No. 6.

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

IV Customer's Withdrawal (Cancellation, Termination)

1. The customer’s withdrawal from the contract concluded with the hotel requires the written consent of the hotel. If this consent is not given, the agreed price from the contract must be paid even if the customer does not avail themselves of contractual services (compensation). This does not apply in cases of the hotel’s default in performance or its impossibility to perform the service, for which it is responsible.

2. If a deadline for withdrawal from the contract has been agreed upon in writing between the hotel and the customer, the customer can withdraw from the contract until that date without triggering payment or compensation claims from the hotel. The customer’s right of withdrawal expires if they do not exercise their right to withdraw in writing to the hotel by the agreed-upon date unless there is a case of the hotel’s default in performance or its impossibility to perform the service for which it is responsible.

3. In the case of rooms not used by the customer, the hotel must credit the income from other rental of the rooms as well as the saved expenses. The hotel is free to flat-rate the damage incurred and to be reimbursed by the customer. The customer is then obligated to pay 100% of the contractually agreed price for overnight stay with or without breakfast. The customer is free to prove that no damage occurred or that the damage incurred by the hotel is lower than the requested lump sum.

V Cancellation by the Hotel

1. If a customer’s right of withdrawal within a specified period has been agreed upon in writing, the hotel is also 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 their right to withdraw upon inquiry by the hotel. This also applies accordingly when granting an option.

2. If an agreed-upon advance payment is not made even after the hotel has set a reasonable deadline with a threat of rejection, the hotel is also entitled to withdraw from the contract.

3. Furthermore, the hotel is entitled to withdraw from the contract for a justified reason, for example, if force majeure or other circumstances beyond the hotel’s control make the fulfillment of the contract impossible; hotel services are booked under misleading or false information on essential facts, e.g., regarding the person of the customer or the purpose of the booking; the hotel has reasonable cause to believe that the use of the hotel service may jeopardize the smooth operation of the business, the safety, or the reputation of the hotel in public, without this being attributable to the hotel’s sphere of control or organization; a violation of the scope of application in paragraph 2 above exists.

4. The hotel must inform the customer immediately of the exercise of the right of withdrawal. Unauthorized job interviews, sales, and similar events can be prevented or terminated by the hotel.

5. In the case of justified withdrawal by the hotel or prevention of an unauthorized event according to the above No. 5, the customer has no claim for damages.

VI. Zimmerbereitstellung, übergabe und rückgabe

1. The customer does not acquire a claim to the provision of specific rooms or event spaces.

2. Booked rooms are available to the customer from 2:00 PM on the agreed-upon day of arrival. The customer has no claim to earlier availability. Unless a later arrival time is expressly agreed upon or the room has been prepaid, the hotel has the right to allocate booked rooms to other guests after 6:00 PM without the customer deriving any claims from it. Claims of the hotel under Clause IV remain unaffected by this regulation. The booked room will be held for the guest until 12:00 AM (midnight) on the day of check-in. If the guest does not arrive or provide feedback, the reservation will be canceled the next day and reported as a NO-SHOW. Therefore, the guest has no claim to the canceled reservation. Claims of the customer for damages are excluded. This does not apply to damages resulting from the violation of life, body, or health if the hotel is responsible for the breach of duty, as well as other damages that are based on an intentional or grossly negligent breach of duty by the hotel and damages based on an intentional or grossly negligent violation of contractual obligations typical for the contract by the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. If disruptions or defects occur in the services of the hotel, the hotel will, upon becoming aware of or immediately

VII Liability of the Hotel

1. The hotel is liable with the care of an ordinary merchant for its obligations arising from the hotel accommodation contract. In the event that the guest does not occupy the booked room or cancels the reservation, the hotel is entitled to charge 50% of the full room rate (list price) for the additional use of the room until 6:00 PM and 100% from 6:00 PM onward. This does not establish contractual claims for the customer. The customer is free to prove that the hotel has incurred no damage or significantly lower damage.

2. For items brought into the hotel, the hotel is liable to the customer in accordance with legal regulations, up to one hundred times the room price, but no more than EUR 3,500, and for money, securities, and valuables up to EUR 800. Money, securities, and valuables can be stored in the hotel safe up to the maximum value corresponding to the hotel’s insurance coverage. The hotel recommends using this option. Liability claims expire if the customer does not immediately report the loss, destruction, or damage to the hotel upon becoming aware of it (§ 703 BGB). Liability only arises if the rooms or event rooms where the items were left were locked.

3. If the hotel provides a parking space in the hotel garage or on a hotel parking lot, even for a fee, no custody agreement is concluded. The hotel is not liable for the loss or damage to vehicles and their contents parked or maneuvered on the hotel property, except in cases of intent or gross negligence. This also applies to vicarious agents of the hotel.

4. Wake-up calls are carried out by the hotel with the utmost care. No liability is assumed. Messages, mail, and parcels are handled with care. The hotel undertakes the delivery, storage, and, upon request, the forwarding of the same for a fee. The provisions in the preceding paragraph 1, sentences 2 to 4, apply accordingly.

5. Left-behind items will only be forwarded at the request, risk, and expense of the customer. The hotel keeps the items for three months, after which, if there is an identifiable value, they are handed over to the local lost property office. If there is no identifiable value, the hotel reserves the right to destroy the items after the expiration of the deadline.

VIII Final Provisions

1. Changes or additions to the contract, acceptance of the offer, or these terms and conditions for hotel accommodation shall be made in writing. Unilateral changes or additions by the customer are ineffective.

2. Place of performance and payment is the registered office of the hotel.

3. The exclusive place of jurisdiction, including for disputes related to checks and bills, in commercial transactions is the registered office of the company in Waghäusel. If a contracting party fulfills the requirements of § 38 (1) ZPO and has no general place of jurisdiction in Germany, Frankfurt is considered the place of jurisdiction.

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

5. If individual provisions of these General Terms and Conditions for hotel accommodation are or become invalid or void, this does not affect the validity of the remaining provisions. In all other respects, the statutory provisions apply.