ANNO DOMINI 1716 apARTments

Terms and Conditions

I. SCOPE

1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and all other services and deliveries provided by ANNO DOMINI1716 GmbH (hotel accommodation contract) in connection with this. The term ‘hotel accommodation contract’ includes and replaces the following terms: Accommodation contract, guest accommodation contract, hotel contract, hotel room contract.

2. The subletting or re-letting of the rooms provided, as well as their use for purposes other than accommodation, require the prior written consent of the hotel, whereby § 540 paragraph 1 sentence 2 BGB (German Civil Code) is waived if the customer is not a consumer.

3. The customer’s general terms and conditions shall only apply if this has been expressly agreed in writing in advance.

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

1. The contract is concluded upon acceptance of the customer’s request 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 made the booking on behalf of the customer, they shall be jointly and severally liable to the hotel with the customer for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.

3. All claims against the hotel shall generally become statute-barred one year after the start of the statutory limitation period. Claims for damages shall become statute-barred five years after the end of the limitation period, regardless of whether the hotel was aware of the claim, unless they are based on injury to life, limb or health or a breach of duty of care that is essential for the fulfilment of the contract or the achievement of the purpose of the contract. The limitation periods shall not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

III. SERVICES, PRICES, PAYMENT, SET-OFF

1. The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.

2. The customer is obliged to pay the agreed or applicable prices of the hotel for the provision of the rooms and any other services used by him. This also applies to services and expenses incurred by the hotel on behalf of the customer. The agreed prices include the applicable statutory value added tax.

3. The hotel may make its consent to a subsequent reduction in the number of rooms booked, the hotel’s services or the length of the customer’s stay at the customer’s request dependent on the price for the rooms and/or other services provided by the hotel being increased.

4. Hotel invoices without a due date are payable without deduction within 3 days of receipt of the invoice. The hotel may demand immediate payment of any outstanding claims from the customer at any time. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest, currently 8%, or, in the case of legal transactions involving a consumer, 5% above the base interest rate. The hotel reserves the right to prove higher damages.

5. The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract in the form of a credit card guarantee or a down payment. The amount of the advance payment and the payment dates can be agreed in writing in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected.

6. In justified cases, e.g. payment arrears on the part of the customer or extension of the scope of the contract, the hotel is entitled, even after conclusion of the contract and up to the start of the stay, to demand an advance payment or security deposit in accordance with No. 5 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.

7. The hotel is also entitled to demand a reasonable advance payment or security deposit from the customer at the beginning and during the stay within the meaning of No. 5 above for existing and future claims arising from the contract, insofar as this has not already been provided in accordance with Nos. 5 and/or 6 above.

8. The customer may only offset or set off a claim against a claim of the hotel if the claim is undisputed or legally binding.

IV. WITHDRAWAL BY THE CUSTOMER (CANCELLATION, CANCELLATION) / NON-UTILISATION OF THE HOTEL’S SERVICES (NO SHOW)

1. Withdrawal by the customer from the contract concluded with the hotel requires the hotel’s consent in writing. If this is not given, the agreed price from the contract shall be payable even if the customer does not make use of the contractual services.

2. If a date for free withdrawal from the contract has been agreed in writing between the hotel and the customer, the customer may withdraw from the contract until that date without incurring any payment or compensation claims from the hotel. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal in writing to the hotel by the agreed date.

3. For rooms not used by the customer, the hotel shall charge the income from renting these rooms to other parties as well as the expenses saved. If the rooms are not rented to other parties, the hotel may demand the contractually agreed remuneration and make a flat-rate deduction for expenses saved by the hotel. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for overnight stays. The customer is free to prove that the aforementioned claim did not arise or did not arise in the amount claimed.

V. WITHDRAWAL BY THE HOTEL

1. If it has been contractually agreed that the customer may withdraw from the contract free of charge within a certain period, the hotel shall be entitled to withdraw from the contract during this period if other customers have requested the contractually booked rooms and the customer does not waive his right of withdrawal upon enquiry by the hotel.

2. If an advance payment or security deposit agreed upon or requested above in accordance with Section III, Nos. 5 and/or 6 is not made even after a reasonable grace period set by the hotel has expired, the hotel shall also be entitled to withdraw from the contract.

3. Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, for example if – force majeure or other circumstances beyond the hotel’s control make it impossible to fulfil the contract; – rooms or spaces are culpably booked under misleading or false statements of facts essential to the contract, e.g. about the customer’s identity or the purpose of their stay; – the hotel has reasonable grounds to believe that the use of the hotel’s services may jeopardise the smooth running of the business, the safety or the reputation of the hotel in public, without this being attributable to the hotel’s control or organisational sphere of the hotel; – the purpose or occasion of the stay is unlawful; – there is a breach of the above clause I No. 2.

4. In the event of justified withdrawal by the hotel, the customer shall have no claim to compensation.

VI. PROVISION, HANDOVER AND RETURN OF ROOMS

1. The customer shall have no claim to the provision of specific rooms unless this has been expressly agreed in writing.

2. Booked rooms shall be available to the customer from 3 p.m. on the agreed day of arrival. The customer shall have no claim to earlier provision.

3. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. After this time, the hotel may charge 50% of the full accommodation price (list price) for use of the room beyond the contractual period until 6:00 p.m. and 100% after 6:00 p.m. This does not justify any contractual claims on the part of the customer. The customer is free to prove that the hotel has no or a significantly lower claim to a usage fee.

VII. LIABILITY OF THE HOTEL

1. The hotel is liable for its obligations under the contract. Claims for damages by the customer are excluded. This does not include damage resulting from injury to life, limb or health if the hotel is responsible for the breach of duty, other damage resulting from an intentional or grossly negligent breach of duty by the hotel, and damage resulting from an intentional or negligent breach of typical contractual obligations of the hotel. A breach of duty by a legal representative or vicarious agent shall be deemed equivalent to a breach of duty by the hotel. Should disruptions or defects in the hotel’s services occur, the hotel shall endeavour to remedy them upon becoming aware of them or upon the customer’s immediate complaint. The customer is obliged to contribute what is reasonable to remedy the disruption and minimise any possible damage.

2. The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions. Accordingly, liability is limited to one hundred times the room price, but to a maximum of £3,500, and, in deviation from this, to a maximum of £800 for valuables; no liability is accepted for money and securities.

3. The hotel is not liable for loss of or damage to vehicles parked or manoeuvred on the hotel premises and their contents, except in cases of intent or gross negligence. The provisions of the above paragraph 1, sentences 2 to 4, apply accordingly to the exclusion of claims for damages by the customer.

4. Messages, mail and goods deliveries for guests will be handled with care and the utmost discretion. The hotel will deliver, store and, upon request, forward such items for a fee. The provisions of section 1, sentences 2 to 4 above shall apply accordingly to the exclusion of claims for damages by the customer.

VIII. FINAL PROVISIONS

1. Amendments and supplements to the contract, the acceptance of applications or these General Terms and Conditions must be made in writing. Unilateral amendments or supplements by the customer are invalid.

2. The place of performance and payment is the location of the hotel.

3. The exclusive place of jurisdiction – including for disputes relating to cheques and bills of exchange in commercial transactions – is the registered office of the hotel under company law. If a contractual partner fulfils the requirements of Section 38 (2) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel under company law.

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

5. 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.