GENERAL TERMS AND CONDITIONS FOR THE HOTEL ACCOMMODATION CONTRACT

General Terms and Conditions of WALD.WEIT Rheingau Hotel & Retreat c/o TT Hospitality GmbH & Co. KG.

1. SCOPE OF APPLICATION

1.1 These General Terms and Conditions (GTC) apply to all contracts of WALD.WEIT Rheingau Hotel & Retreat (Hotel) with third parties (customer/s) for the rental of hotel rooms for the accommodation of the customer, all other services and deliveries provided by the Hotel for the customer in this context and the provision of event rooms, staff and prepared food and beverage services.

1.2 For better readability, the generic masculine is used in this contract. Unless otherwise indicated, the personal designations used in this contract refer to all genders.

1.3 The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby § 540 paragraph 1 sentence 2 BGB is waived insofar as the customer is not a consumer.

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

2. CONCLUSION OF CONTRACT, CONTRACTUAL PARTNERS, LIMITATION PERIOD

2.1 The contractual partners are the hotel and the customer. The contract is concluded when the hotel accepts a reservation and/or signs a contract with the customer.

2.2 In the case of a booking via the hotel's own website, the contract is concluded by clicking on the ‘BOOK’ button. The hotel reserves the right to confirm or reject the room booking in writing.

2.3 If the booking is made by a third party on behalf of the customer, this third party shall be jointly and severally liable with the customer towards the hotel.

2.4 All claims against the hotel are generally subject to a limitation period of one year from the commencement of the statutory limitation period. This does not apply to claims for damages and other claims, insofar as the latter are based on an intentional or grossly negligent breach of duty by the hotel.

3. SERVICES, PRICES, PAYMENT, DEFAULT, SET-OFF

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

3.2 The customer is obliged to pay the agreed or applicable prices of the hotel for the provision of the room and the other services utilised by the customer. This also applies to services ordered by the customer directly or via the hotel, which are provided by third parties and disbursed by the hotel.

3.3 The agreed prices include the taxes applicable at the time the contract is concluded (gross prices). They do not include local taxes that are owed by the guest himself according to the respective local law, such as visitor's tax/tourism tax.

3.4 In the event of a change in the statutory value added tax or the introduction, change or abolition of local taxes on the object of performance after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between the conclusion and fulfilment of the contract exceeds four months.

3.5 Hotel invoices without a due date are due for payment without deduction within ten working days of receipt of the invoice. The hotel may demand immediate payment of due claims from the customer at any time. The statutory provisions shall apply to the customer's default in payment. The hotel reserves the right to provide evidence of higher damages.

3.6 The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract. The amount of the advance payment and the payment dates may be specified in writing in the contract.

3.7 The hotel is entitled to demand a security deposit upon check-in of the customer at the hotel - 25% of the agreed remuneration in the case of pre-authorisation by means of an accepted credit card, 25% of the agreed remuneration in the case of cash payment or payment of the full agreed remuneration by means of an EC card or Girocard permitted in EU payment transactions.

3.8 In the event of default by the customer, the statutory provisions shall apply.

3.9 In justified cases, for example if the customer is in arrears with payment or if the scope of the contract is extended, the hotel is entitled, even after conclusion of the contract up to the start of the stay, to demand a further advance payment or security deposit within the meaning of clause 3.6 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.

3.10 Furthermore, the hotel is entitled to demand from the customer at the beginning and during the stay a further reasonable advance payment or security deposit within the meaning of clause 3.6 above for existing and future claims arising from the contract, insofar as such has not already been made in accordance with clause 3.6 and/or clause 3.7 above.

3.11 The customer may only offset or set off an undisputed or legally binding claim or a claim ready for judgement against a claim of the hotel.

3.12 The customer agrees that the invoice may be sent to him electronically.

4. WITHDRAWAL BY THE CUSTOMER (CANCELLATION) / NON-USE OF THE HOTEL'S SERVICES (NO SHOW)

4.1 Unilateral cancellation of the contract by the customer free of charge is only possible if a right of withdrawal has been expressly agreed in the contract, another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal and any consent to the cancellation of the contract must be in text form.

4.2 If a date for a cost-free cancellation of the contract has been agreed between the customer and the hotel, the customer may cancel the contract up to this date without incurring payment or damage compensation claims on the part of the hotel.

4.3 The customer's right of cancellation expires if he does not exercise his right of cancellation vis-à-vis the hotel in text form by the agreed date.

4.4 If a right of cancellation has not been agreed or has already expired and there is no statutory right of cancellation or termination and the hotel does not agree to a cancellation of the contract, the hotel shall retain the claim to the agreed remuneration despite non-utilisation of the service. The hotel must offset the income from renting the rooms and/or rooms to other parties as well as the expenses saved.

4.5 If the rooms are not rented to other parties, the hotel may make a lump-sum deduction for saved expenses. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for overnight accommodation with or without breakfast and for package arrangements with third-party services, 70% for half-board and 60% for full-board arrangements. The customer is free to prove that the aforementioned claim did not arise or did not arise in the amount claimed.

4.6 Advance payments, deposits and/or security deposits made by the customer which exceed the hotel's claim to payment shall be refunded to the customer without delay in the event of cancellation.

5. CANCELLATION BY THE HOTEL

5.1 If a right of cancellation free of charge for the customer within a certain period has been agreed, the hotel is also entitled to withdraw from the contract during this period if there are enquiries from other customers for the contractually booked rooms and the customer does not waive his right of cancellation upon enquiry by the hotel with a reasonable grace period.

5.2 If an advance payment or security deposit agreed or demanded in accordance with Clause 3.6 and/or Clause 3.7 is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.

5.3 Furthermore, the hotel is entitled to extraordinary cancellation of the contract for objectively justified reasons, in particular if

- force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract, whereby circumstances of force majeure include, but are not limited to, war, strikes, the consequences of industrial action at the hotel for which the hotel is not responsible, unrest, expropriation, thunderstorms, lightning strikes, storms, pandemics, mine damage, floods and other natural disasters or bomb disposal in the vicinity of the hotel

- rooms or spaces are culpably booked with misleading or false information or concealment of material facts; material facts may include the identity of the customer, solvency or the purpose of the stay

- the hotel has justified cause to believe that the use of the service may jeopardise the smooth running of the business, the security or the reputation of the hotel in public, without this being attributable to the hotel's sphere of control or organisation

- the purpose or reason for the stay is unlawful

- there is a breach of Section 1.2 of the GTC.

5.4 In the event of a requirement imposed by local authorities and/or a regulation or order of the local government which restricts or completely prohibits the maintenance of hotel operations, the hotel is also entitled to extraordinary cancellation of the contract, insofar as the requirement, regulation or order was not directly and culpably caused or initiated by the hotel and the contractual service of the hotel is covered by the restricted or complete prohibition of hotel operations.

5.5 The justified cancellation of the hotel does not constitute a claim for damages on the part of the customer.

5.6 Advance payments, deposits and/or security deposits made by the customer which exceed the hotel's claim to payment will be refunded to the customer without delay in the event of cancellation.

6. ROOM PROVISION, HANDOVER AND RETURN

6.1 The customer does not acquire any claim to the provision of specific rooms unless this has been expressly agreed in text form.

6.2 Booked rooms are available to the customer from 15:00 on the agreed day of arrival. The customer is not entitled to earlier availability.

6.3 Bringing a pedelec, e-bike and/or a battery of a pedelec or e-bike into the room is not part of the accommodation and the customer is not permitted to do so.

6.4 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 the delayed vacating of the room until 6.00 p.m., and 90% from 6.00 p.m. onwards. This shall not give rise to any contractual claims on the part of the customer. The customer is at liberty to prove that the hotel has no or a significantly lower claim to a usage fee.

7. LIABILITY OF THE HOTEL

7.1 The hotel is liable for the fulfilment of its contractual obligations. Claims of the customer for damages are excluded. Exceptions to this are damages for which the hotel is responsible arising from injury to life, limb or health. Furthermore, it shall be liable for other damages which are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of typical contractual obligations by the hotel. Typical contractual obligations are those obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the customer regularly relies and may rely. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. Further claims for damages are excluded, unless otherwise stipulated in this Section 8 of the GTC. Should disruptions or defects occur in the hotel's services, the hotel shall endeavour to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to make reasonable efforts to remedy the disruption and minimise any possible damage.

7.2 The hotel is liable for items brought into the hotel in accordance with the statutory provisions. The hotel recommends the use of the hotel or room safe. If the customer wishes to bring in money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a separate storage agreement with the hotel.

7.3 If the customer is provided with a parking space in the hotel garage or in the hotel car park, even for a fee, this does not constitute a safekeeping agreement. In the event of loss of or damage to motor vehicles parked or manoeuvred on the hotel property and their contents, the hotel shall only be liable in accordance with the above Section 8.1, sentences 1 to 5 of the GTC.

7.4 Wake-up calls are carried out by the hotel with the utmost care. Messages, mail and consignments of goods for guests are handled with care. The hotel will deliver, store and - on request - forward them for a fee. The hotel shall only be liable in accordance with the above Section 7.1, sentences 1 to 5 of the GTC.

7.5 In the event of non-performance or improper performance, however, claims for damages are excluded, unless the hotel has acted wilfully or with gross negligence.

8. LIABILITY OF THE CUSTOMER

8.1 If the customer smokes in a room (enclosed space), he undertakes to pay a contractual penalty of at least € 350.00 to the hotel.

8.2 The hotel points out that all furnishings, including decorations, are inventoried. If the hotel discovers that individual items are missing immediately after the room has been returned or within one day of departure, it is entitled to charge the customer for the cost of replacing them.

8.3 The hotel reserves the right to assert claims for damages against the customer due to vandalism, heavy soiling of rooms and other premises.

9. PETS

9.1 Animals are not permitted in the hotel.

9.2 Dogs may only be accommodated in specified rooms with the prior written authorisation of the hotel for a fee to be agreed. Dogs are not permitted in the restaurants - with the exception of outdoor areas - or in the spa.

10. RIGHT TO ONE'S OWN IMAGE

10.1 At events organised by WALD.WEIT Rheingau Hotel & Retreat c/o TT Hospitality GmbH & Co. KG will be filmed and photographed. WALD.WEIT Rheingau Hotel & Retreat c/o TT Hospitality GmbH & Co. KG is authorised to use photos and films of the event for journalistic articles or its own internet presence. The customer's participation constitutes a clearly confirming act by which he/she declares his/her agreement to this. Further information on the processing of personal data by WALD.WEIT Rheingau Hotel & Retreat c/o TT Hospitality GmbH & Co. KG can be viewed at https://wald-weit.com/datensch....

11. ALTERNATIVE DISPUTE RESOLUTION

11.1 The EU offers a platform for out-of-court online dispute resolution if the customer is a consumer, available at

11.2 https://ec.europa.eu/consumers...

11.3 The hotel is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board (responsible consumer arbitration board for services in the leisure sector: Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e. V., Internet: www.verbraucher-schlichter.de, e-mail: mail@verbraucher-schlichter.de).

12. DATA PROTECTION / PROTECTION OF PERSONAL INFORMATION

The contractual partner is aware that the hotel stores and processes all data required for the fulfilment of the contractual service. The contractual partner has the right to rectification, erasure, restriction of processing and information about this data at any time. Data is only collected to the extent necessary to fulfil the contract. Should the contractual partner request the deletion or restriction of processing, the hotel reserves the right to terminate the contract extraordinarily and without notice, as it would no longer be able to offer its services in the current organisational form.

Further information can be found in our privacy policy on our website (https://wald-weit.com/).

13. FINAL PROVISIONS

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

13.2 The place of fulfilment and payment as well as the exclusive place of jurisdiction - also for cheque and bill of exchange disputes - in commercial transactions is the court with local jurisdiction for the hotel's registered office. If a contractual partner fulfils the requirements of § 38 paragraph 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the court with local jurisdiction for the hotel's registered office. The hotel is also entitled, at its own discretion, to sue the customer at another legal place of jurisdiction.

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

13.4 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.