General Terms and Conditions with Customer Information

Contents

1. Scope of Application

2. Conclusion of the Contract

3. Exclusion of the Right of Withdrawal

4. Services Provided by the Hotel Operator

5. Prices and Terms of Payment

6. Use of the Hotel Room

7. Obligations of the Guest

8. Changes to the Hotel Room

9. Rights of the Guest in the Event of Defects

10. Contractual Right of Withdrawal

11. Failure to Make Use of the Services (‘No-Show’)

12. Liability

13. Term of the Contract and Termination

14. Vacating the Hotel Room

15. Applicable Law

16. Jurisdiction

17. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter “GTC”) of Schlossbrauerei Odelzhausen Hans & Maria Eser GmbH & Co. KG (hereinafter “Hotel Operator”) apply to all contracts for hotel accommodation concluded by a consumer or business (hereinafter “Guest”) with the Hotel Operator in respect of the hotel described on the Hotel Operator’s website. The inclusion of the Guest’s own terms and conditions is hereby excluded, unless the parties have agreed otherwise.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity.

1.3 An ‘entrepreneur’ within the meaning of these General Terms and Conditions is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, is acting in the course of their commercial or self-employed professional activity.

2) Conclusion of the Contract

2.1 The services described on the hotel operator’s website do not constitute binding offers on the part of the hotel operator, but serve to enable the guest to make a binding offer to conclude a hotel accommodation contract.

2.2 The guest may submit the offer via the online booking form integrated into the hotel operator’s website. By clicking the button that completes the booking process, the guest enters into a legally binding contract

• by email

• by telephone

2.3 The hotel operator may accept the guest’s offer within five days,

• by sending the guest a written booking confirmation or a booking confirmation in text form (fax or email), in which case the date on which the guest receives the booking confirmation is decisive, or

• by requesting payment from the guest following their booking.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the guest submits the offer and ends at the end of the fifth day following the submission of the offer. If the hotel operator does not accept the guest’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the guest is no longer bound by their declaration of intent.

2.4 When an offer is submitted via the hotel operator’s online booking form, the text of the contract is stored by the hotel operator after the contract has been concluded and sent to the guest in writing (e.g. by email, fax or letter) following the submission of the guest’s declaration of intent. The hotel operator will not make the text of the contract available in any other way.

2.5 Before making a binding booking via the hotel operator’s online booking form, the guest may correct their entries at any time using the standard keyboard and mouse functions. Furthermore, all entries are displayed once more in a confirmation window before the binding booking is made and can also be corrected there using the standard keyboard and mouse functions.

2.6 The German language is available for the conclusion of the contract.

2.7 The booking process is generally carried out by email. The guest must ensure that the email address provided for the booking process is correct, so that they can receive emails sent by the hotel operator at that address.

3) Exclusion of the Right of Withdrawal

There is no right of withdrawal for contracts for the provision of services relating to accommodation for purposes other than residential purposes, if the contract specifies a specific date or period for the provision of the service.

4) Services Provided by the Hotel Operator

4.1 The hotel operator is obliged to provide the rooms booked by the guest in the hotel described on its website for the agreed duration of the stay. Unless otherwise agreed, the guest is not entitled to specific rooms.

4.2 The hotel operator must make the booked rooms available to the guest on the agreed day of arrival at the agreed time. Unless otherwise agreed, the guest is not entitled to earlier check-in.

4.3 If the parties have agreed on additional services (e.g. catering, provision of a car parking space, etc.), the hotel operator must provide these in accordance with the service description on its website.

4.4 Unless otherwise agreed, the hotel operator is not obliged to safeguard the guest’s valuables. Should the guest bring valuables into the hotel during their stay, the hotel operator recommends using the hotel or room safe.

5) Prices and Terms of Payment

5.1 The guest is obliged to pay the agreed fee for the provision of the room and any additional services they may have used. This also applies to services commissioned by the guest directly or via the hotel operator, which are provided by third parties and, where applicable, advanced by the hotel operator.

5.2 Unless otherwise stated, the prices quoted by the hotel operator are all-inclusive. Local charges which, under the applicable local legislation, are to be borne by the guest (e.g. visitor’s tax) are not included.

5.3 Any adjustments and/or changes to the hotel room made at the guest’s request are to be paid for separately, unless they are necessary for the maintenance or repair of the hotel room, or to ensure its use in accordance with the contract.

5.4 The hotel operator is entitled to demand a reasonable advance payment, the amount of which may be communicated to the guest on the hotel operator’s website. If the advance payment is not made even after the expiry of a reasonable grace period set by the hotel operator, the hotel operator is entitled to withdraw from the contract.

5.5 For the payment of the agreed fee, the guest may choose between various payment methods, which are specified on the hotel operator’s website.

6) Use of the Hotel Room

6.1 The hotel room is provided for the exclusive use of the guest and any other guests named by the guest at the time the contract is concluded. The hotel room may only be used for the purposes agreed in the contract.

6.2 The guest is not entitled to allow a third party to use the hotel room without the hotel operator’s permission.

7) Obligations of the Guest

7.1 If the guest is resident abroad, they must sign a special registration form by hand or electronically on the day of arrival and, when registering with the hotel operator, provide proof of identity by presenting a valid identity document (a recognised and valid passport or passport substitute). Accompanying foreign spouses, partners and minor children need only be listed on the registration form by number. In the case of groups of more than ten people, the aforementioned obligation applies only to the tour leader; they must state the number of foreign travellers in the group and their nationality.

7.2 The guest must treat the hotel room with care and protect it from damage. They shall follow the hotel operator’s maintenance, care and usage instructions to the extent that this is reasonable. Furnishings must not be removed, altered or rendered unusable.

7.3 The guest must keep the key to the hotel room in a safe place and return it to the hotel operator at the end of their stay. In the event of the key being lost, the guest must inform the hotel operator immediately and cooperate to the best of their knowledge in clarifying the circumstances.

8) Changes to the Hotel Room

8.1 The hotel operator is entitled to make alterations to the hotel room, provided these are for the purpose of maintenance. Improvements may only be carried out if they are reasonable for the guest and do not impair the contractual use of the hotel room. The hotel operator must inform the guest of any such measures in good time in advance. Should the guest incur any expenses as a result of these measures, these shall be reimbursed by the hotel operator.

8.2 Any alterations or additions to the hotel room made by the guest require the prior consent of the hotel operator. Upon vacating the hotel room, the guest shall, at the hotel operator’s request, restore the room to its original condition.

9) Rights of the Guest in the Event of Defects

9.1 The hotel operator is obliged to maintain the hotel room in a condition suitable for its contractual use for the agreed duration of the stay and to carry out the necessary maintenance and repair work. The relevant measures shall be carried out at regular maintenance intervals and whenever defects, faults or damage occur. The hotel operator must be granted the necessary access to the hotel room for this purpose.

9.2 The guest must notify the hotel operator immediately of any defects, faults or damage that arise.

9.3 Defects shall be rectified by means of free rectification or repair. The hotel operator must be granted a reasonable period of time for this. With the guest’s consent, the hotel operator may replace individual components of the hotel room for the purpose of rectifying the defects. The guest shall not unreasonably withhold their consent to this.

9.4 The guest may only terminate the contract on the grounds that the contractual use has not been provided once the hotel operator has been given sufficient opportunity to remedy the defects and such attempts have failed. Remedial action shall only be deemed to have failed if it is impossible, if it is refused by the hotel operator or unreasonably delayed, if there are justified doubts as to the prospects of success, or if, for other reasons, it is unreasonable for the guest to be expected to accept it.

9.5 The guest’s rights in respect of defects shall be excluded if the guest makes, or causes to be made, alterations to the hotel room without the hotel operator’s consent, unless the guest can prove that the alterations do not have any unreasonable consequences for the hotel operator in terms of identifying and rectifying the defect. The guest’s rights in respect of defects remain unaffected where the guest is entitled to make alterations, in particular in the exercise of the right to remedy the defect themselves, and these have been carried out professionally and documented in a comprehensible manner.

10) Contractual Right of Withdrawal

10.1 Prior to their stay, the guest may withdraw from the contract at any time by submitting a written notice to the hotel operator. If the guest exercises their right of withdrawal, they are obliged to pay the hotel operator the following lump-sum compensation:

• for withdrawal up to 30 days before the start of the stay: 20 per cent of the total price,

• between the 29th and 22nd day before the start of the stay: 25 per cent of the total price,

• between the 21st and 15th day before the start of the stay: 40 per cent of the total price,

• between the 14th and 7th day before the start of the stay: 50 per cent of the total price,

• from the 6th day before the start of the stay: 65 per cent of the total price,

• on the day before the start of the stay: 80 per cent of the total price.

10.2 The date on which the hotel operator receives the notice of cancellation shall determine the start of the relevant periods.

10.3 The guest is entitled to prove that no claim for compensation has arisen at all, or that the compensation is substantially lower than the flat-rate amount.

11) Failure to Make Use of the Services (‘No-Show’)

11.1 If the guest is unable to invoke either a contractual right of withdrawal or a statutory right of withdrawal or termination, the hotel operator retains the right to payment of the agreed fee despite the services not having been used. However, the hotel operator must allow a deduction for any income derived from letting the rooms covered by the contract to other guests, as well as for any expenses saved. This also applies in the event that the hotel operator maliciously fails to let the rooms to other guests.

11.2 If the hotel operator is unable to let the rooms covered by the contract to other guests, they are entitled to apply a flat-rate deduction for expenses saved. In this case, the guest is obliged to pay a percentage of the contractually agreed fee at the rate agreed below, depending on the arrangement specified in the contract.

11.2.1 For overnight accommodation (with or without breakfast), a flat-rate compensation of 100 per cent of the agreed fee is agreed.

11.3 The guest is entitled to prove that no claim for compensation has arisen at all, or that the compensation is substantially lower than the flat rate.

12) Liability

12.1 The hotel operator’s strict liability under Section 536a(1) of the German Civil Code (BGB) for defects that already existed at the time the contract was concluded is excluded.

12.2 In all other respects, the hotel operator shall be liable to the guest for all contractual, quasi-contractual and statutory claims, including tortious claims, for compensation for damage and reimbursement of expenses as follows:

12.2.1 The hotel operator shall be liable without limitation on any legal ground

• in cases of wilful misconduct or gross negligence,

• in the event of an intentional or negligent injury to life, limb or health,

• on the basis of a guarantee, unless otherwise stipulated in this regard,

• on the basis of mandatory liability, such as under the Product Liability Act.

12.2.2 If the guest is a consumer resident in Germany or a business, the following limitations of liability shall apply:

If the hotel operator negligently breaches an essential contractual obligation, its liability shall be limited to the foreseeable damage typical for this type of contract, unless it is liable without limitation in accordance with the preceding paragraph. Essential contractual obligations are obligations which the contract imposes on the hotel operator, by virtue of its content, in order to achieve the purpose of the contract; the fulfilment of which is essential for the proper performance of the contract; and on the observance of which the guest may reasonably rely. In all other respects, the hotel operator’s liability is excluded, unless it is liable without limitation in accordance with the preceding clause.

12.2.3 The above liability provisions also apply with regard to the hotel operator’s liability for its vicarious agents and legal representatives.

13) Term of the Contract and Termination

13.1 The contract is concluded for a fixed term and ends automatically upon expiry of the agreed period of stay.

13.2 The guest’s right to terminate the contract extraordinarily pursuant to Section 543(2), first sentence, No. 1 of the German Civil Code (BGB) on the grounds of failure to provide the contractual use, as well as the right of either party to terminate the contract extraordinarily for good cause, remain unaffected.

13.3 Notice of termination must be given in writing (e.g. by email) to be valid.

14) Vacating the Hotel Room

14.1 Upon termination of the contractual relationship, the guest must leave the hotel room in a proper condition. The guest’s personal belongings must be removed, and household waste must be disposed of in the designated bins.

14.2 The guest shall be liable for the costs of repair or restoration in the event of damage or defects to the hotel room and/or its contents for which the guest is responsible.

14.3 The guest must vacate the room on the day of departure by the agreed time at the latest. Thereafter, due to the delayed vacating of the room, the hotel may charge a reasonable usage fee for its use beyond the terms of the contract, in accordance with the hotel operator’s current daily price list. This does not give rise to any contractual claims on the part of the guest. The guest is entitled to prove that the hotel operator has incurred no charge for use, or a significantly lower charge.

15) Applicable Law

All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany. In the case of consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.

16) Jurisdiction

If the guest is acting as a trader, a legal entity under public law or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the hotel operator’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract. If the guest is domiciled outside the territory of the Federal Republic of Germany, the hotel operator’s registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from it can be attributed to the guest’s professional or commercial activities. In the above cases, however, the hotel operator is in any event entitled to bring proceedings before the court at the guest’s place of residence.

17) Alternative Dispute Resolution

The hotel operator is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.