Terms and conditions for hotel accommodation contracts with the┬áHLF - Hotel Luitpoldpark F├╝ssen Liegenschaftsverwaltungs- und Betriebsgesellschaft mbH Bahnhofstra├če 1- 3, 87629 F├╝ssen

Dear guests,
Reservations in hotels and restaurants should generally be characterised by mutual trust and less by legal formulas - that is at least our wish! Nevertheless, measured against the volume of custom at our establishment and according to the high quality standards we maintain, a certain amount of rules and liabilities for both parties is unavoidable. We ask no more than that our guests understand the following terms and conditions. Please contact us if any questions arise after reading.

Conclusion of contract, contract partners, contract liabilities, statute of limitations

1. The contract is concluded upon acceptance of the customers request by the hotel. The hotel is at liberty to confirm the room reservation.

2. Contract partners are the hotel and the customer. If a third party placed the order on behalf of the customer, they will be liable, together with the customer, for all obligations arising from the hotel accommodation contract if the hotel has a corresponding statement from the third party.

3. The hotel is liable for its obligations under the contract. In the non-typical areas liability for intent and gross negligence of the hotel is limited.

4. The limitation period for all customer claims is 6 months

5. This limitation of liabilities and brief statutory period of limitation apply in favour of the hotel even in the case of breach of covenants of the contract and positive breach of contract.

Services, prices, payment, offsetting
1. The hotel is obligated to keep the rooms reserved by the customer available and to render all agreed services.

2. The customer is obliged to pay the applicable or agreed price for the rooms provided and for other services used in the hotel. This also applies to services occasioned by the customer and expenses paid to third parties by the hotel.

3. The agreed prices include the applicable sales tax. If the period between conclusion and fulfillment of the contract is more than 3 months and the price generally charged for the agreed service has risen in this period, the hotel may reasonably raise the contractually agreed price, but not by more than 10%.

4. Prices can be changed by the hotel if the customer wishes to make changes to the number of booked rooms, the hotel services or length of stay and the hotel consents to said changes.

5. Hotel invoices showing no due date or payable within 10 days of receipt of the invoice, without deductions. The hotel is entitled to demand accrued amounts due at any time and demand immediate payment. In the case of delayed payment, the hotel is entitled to charge interest at a rate of 4% above the current Deutsche Bundesbank discount rate. The customer has the right to prove lower and the hotel the right to provide proof higher damages were incurred.

6. The hotel is entitled to require a reasonable security deposit upon conclusion of contract or thereafter while observing the legal provisions for package travel. The amount and the payment dates shall be stated in the reservation confirmation.

7. The customer can only offset or reduce an undisputed or legally enforceable claim against a claim made by the hotel.

Repudiation of the customer (cancellation, annulment)
1. Cancellation of the contract concluded with the hotel by the customer requires the hotels written consent. If this is not the case, the price agreed in the contract must also be paid even if the customer does not take up the contractually agreed services. This does not apply in the case of delay of performance of the hotel or representative.

2. When the hotel and the customer have agreed a date for rescinding the contract and this has been agreed in writing, the customer can withdraw from the contract up to the agreed date without incurring payment or compensation claims from the hotel. The right of rescission expires if the customer does not exercise his right to cancel in writing by the agreed date, to the extent that there is no delay in performance by the hotel or impossibility of performance for which the hotel is at fault.

3. If rooms not used by the customer, the hotel must apply credit for the income from renting the rooms to other parties and also for saved expenses.

4. The hotel is at liberty to consolidate into a lump sum the loss incurred and which shall be replaced by the customer. The customer is obliged to pay 80% of the contractually agreed rate for lodging with or without breakfast, 70% for half-board arrangements and 60% for full-board arrangements. The customer is entitle to provide proof that the loss to the hotel is less than the amount demanded.

5. In addition, the separate agreements established in the reservation / contract apply.

Cancellation by the hotel
1. If a right of rescission and a given period has been agreed in writing, the hotel has the right to withdraw from the contract within the given period if inquiries from other customers regarding the contractually reserved rooms exist and the customer does not waive his right of rescission upon inquiry thereof by the hotel.

2. If an agreed security payment has not been made even after a reasonable period of grace and warning, the hotel is entitled to withdraw from the contract.

3. Furthermore, the hotel is entitled to effect extraordinary cancellation of the contract for materially justifiable cause if:

a) force majeure or other circumstances beyond the hotel's control make fulfillment of the contract impossible;

b) if rooms are booked using misleading or false information regarding material facts such as details about the customer or the purpose of the booking.

c) if the hotel has justifiable cause to believe that the use of the hotel's services might jeopardise the smooth operation, security or reputation of the public image of the hotel, without being attributable to the management and organisation of the hotel.

d) if a breach of the above mentioned domain section 2 exists.

4. The hotel must inform the customer immediately of his right to rescission.

5) In the case of justifiable cancellation by the hotel, no claim to compensation can be made by the customer.

Room availability, handover and return
1. The customer has no right to demand specific rooms.

2. Reserved rooms are available from 3pm on the day of arrival. The customer is not entitled to enter the rooms earlier.

3. On the agreed day of departure, rooms must be vacated by 11am and made available to the hotel. After this time the hotel can claim 50% of the full room price (list price) as compensation for damage incurred up to 6pm and 100% of the full room price if the room has not been vacated after 6pm. The customer has the right to provide proof that the hotel incurred no such damages or much less.

4. In the case of overbooking, the hotel is obliged to offer the customer alternative accommodation which corresponds to the value of the accommodation reserved in the original booking.

Liability of the hotel
1. The hotel shall be liable to exercise the duty and care of a prudent businessman. In areas which do not fall under the services typically covered by a hotel, the hotel's liability is limited to failure of performance, damage, ensuing damage or problems arising due to intent or gross negligence of the hotel. Should disruptions or defects in the performance of the hotel occur, the hotel will endeavor, upon knowledge thereof or upon receiving a complaint from the customer, to rectify the problem. The customer is obligated to make reasonable contribution to eliminate the damage and to keep any possible damage to the minimum.

2. For property brought into the hotel by the customer, the hotel will be liable in accordance with the statutory provisions. This provides one hundred times the room rate, not exceeding EUR 35,000. Cash, securities and valuables up to a maximum of EUR 10,250 can be kept in a hotel or room safe. The hotel recommends that customers make use of this possibility.

Liability claims expire unless the customer notifies the hotel immediately after gaining knowledge of the loss, destruction or damage of property.

3. The statutory provisions shall apply to the unlimited liability of the hotel.

4. If the customer has a place in the hotel garage of parking lot, even if a fee was paid, this does not constitute a safekeeping agreement. The hotel takes no liability for loss or damage on hotel property of parked or moving vehicles and their contents except in the case of willful misconduct or gross negligence. This also applies to agents of the hotel.

5. Wake up calls are carried out with the utmost care. Claims for damages, except in cases of gross negligence of willful intent, are not applicable.

6. Messages, mail and merchandise deliveries for guests are handled with care. The hotel will deliver, hold and upon request (for a fee) forward such items. Claims for damages, except in cases of gross negligence of willful intent, are not applicable.

Final provisions
1. Changes or additions to the contract or to these terms and conditions for hotel accommodation should be made in writing. Unilateral amendments and supplements by the customer are not valid.

2. Place of performance and payment is the location of the hotel.

3. The exclusive place of jurisdiction - also for disputes relating to cheques and currency - for commercial dealings is the location of the hotel. Provided that a contractual partner complies with the requirements of ┬ž 38 section 1 of ZPO and has no general place of domicile in the country, the location of the hotel will be the location of jurisdiction.

4. German law applies.

5. If individual provisions in these general terms and conditions for the hotel are or become invalid or void, this will not affect the validity of the remaining provisions. Moreover, the statutory provisions shall apply.

F├╝ssen, 01st October 2014
HLF - Hotel Luitpoldpark F├╝ssen Liegenschaftsverwaltungs- und Betriebsgesellschaft mbH
Bahnhofstra├če 1-3
87629 F├╝ssen