Hotel Vier Jahreszeiten am Schluchsee, Hetzel-Hotel Hochschwarzwald GmbH & Co. KG, personally liable partner; Hetzel-Hotel-Hochschwarzwald Beteiligungs-GmbH, managing director Helmut W. Schweimler, Am Riesenbühl 4, D-79859 Schluchsee

Stuttgart Local Court, registration number HRA 10.011, HRB 4159, VAT ID No.: DE147513573

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 for the customer.

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 (1) sentence 2 BGB (German Civil Code) is waived if the customer is not a consumer.

3. The following General Terms and Conditions apply exclusively to the business relationship between us, Hotel Vier Jahreszeiten am Schluchsee, Am Riesenbühl 4, 79859 Schluchsee (in these GTC referred to as "hotel," "provider," or "we") and the contractual partner (in these GTC referred to as "customer" or "you") are governed exclusively by the following General Terms and Conditions in the version valid at the time of the order or booking. Any deviating terms and conditions and contractual offers of the customer are hereby rejected.

1. The contract is concluded when the hotel accepts the contractual partner's application. 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 reservation on behalf of the customer, they shall be jointly and severally liable with the customer to the hotel 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 time-barred one year after the start of the regular limitation period of § 199 (1) BGB (German Civil Code), which is dependent on knowledge. Claims for damages shall become time-barred after five years, regardless of knowledge. The shortened limitation periods shall not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

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

2. The customer is obligated to pay the hotel's applicable or agreed prices for the provision of rooms and any other services used by the customer. This also applies to services and expenses incurred by the hotel to third parties at the customer's request.

3. The agreed prices include the applicable statutory value-added tax. If the period between the conclusion of the contract and the fulfillment of the contract exceeds four months and the price generally charged by the hotel for such services increases, the hotel may adjust the contractually agreed price, but by no more than 10%.

4. The prices may also be changed by the hotel if the customer subsequently requests changes to the number of rooms booked, the hotel's services, or the length of stay of the guests, and the hotel agrees to this.

5. Hotel invoices without a due date are payable immediately within 10 days of receipt of the invoice without deduction. The hotel is entitled to demand payment of accrued claims at any time and to demand immediate payment. In the event of default in payment, the hotel is entitled to demand the applicable statutory default interest. The hotel reserves the right to prove higher damages.

6. The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates shall be agreed in writing in the contract.

7. The customer may only offset or reduce a claim of the hotel with an undisputed or legally binding claim.

1. The customer's withdrawal from the contract concluded with the hotel requires the hotel's written consent. If this is not granted, the agreed price from the contract must still be paid even if the customer does not make use of the contractual services. This does not apply in the event of a breach of the hotel's obligation to take into account the rights, legal interests, and interests of the customer, if the customer can no longer be reasonably expected to adhere to the contract as a result, or if the customer is entitled to any other statutory or contractual right of withdrawal.

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 triggering payment or damage compensation claims by the hotel. The customer's right of withdrawal expires if they do not exercise their right of withdrawal in writing to the hotel by the agreed date or, in the case of certain price types such as early bird prices with immediate payment, unless there is a case of withdrawal by the customer in accordance with number 1, sentence 3.

3. The hotel is free to demand the contractually agreed remuneration and to charge a flat rate for saved expenses. The following cancellation deadlines apply to the hotel: free of charge
up to 7 days before arrival, after which 80% of the total price booked may be charged. Exceptions apply to bookings of certain price types, such as early bird rates, for which immediate payment without the possibility of refund applies. The provisions in the respective price descriptions apply. The customer is free to prove that the above claim has not arisen or has not arisen in the amount claimed.

1. If a free right of withdrawal for the customer within a certain period has been agreed in writing, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers for the contractually booked rooms and the customer does not waive his right of withdrawal upon inquiry by the hotel.

2. If an agreed advance payment or an advance payment requested in accordance with Clause III No. 6 above 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.

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 fulfill the contract;
• rooms are booked under misleading or false statements of material facts, e.g., regarding the identity of the customer or the purpose of the booking;
• the hotel has reasonable grounds to believe that the use of the hotel's services may jeopardize the smooth running of the business, the safety, or the public image of the hotel, without this being attributable to the hotel's sphere of control or organization.
• there is a violation of Clause I No. 2 above.

4. In the event of justified withdrawal by the hotel, the customer shall not be entitled to claim damages.

1. The customer does not acquire any claim to the provision of specific rooms.

2. Reserved rooms are available to the customer from 3:00 p.m. on the agreed arrival date. The customer has no claim to earlier provision.

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

The customer may only bring food and beverages with them by prior agreement with the hotel, which must be made in writing. In such cases, the hotel may charge a service fee to cover overhead costs.

1. The hotel shall be liable for its obligations under the contract with the diligence of a prudent businessman. Claims for damages by the customer are excluded. This does not apply to damages resulting from injury to life, limb, or health if the hotel is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by the hotel, and damages based on an intentional or negligent breach of typical contractual obligations of the hotel. A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent. Should disruptions or defects occur in the hotel's services, the hotel will endeavor to remedy the situation upon becoming aware of it or upon immediate complaint by the customer. The customer is obliged to contribute what is reasonable to remedy the disruption and minimize any possible damage.

2. The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions. Liability claims expire if the customer does not notify the hotel immediately after becoming aware of loss, destruction, or damage (§ 703 BGB). For further liability of the hotel, the above number 1 sentences 2 to 4 apply accordingly.

3. If the customer is provided with a parking space in the hotel garage or on a hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. The hotel is not liable for loss of or damage to motor vehicles parked or maneuvered on the hotel premises and their contents, except in cases of intent or gross negligence. The above number 1, sentences 2 to 4, apply accordingly.

4. Items left behind by the guest will only be forwarded at the guest's request, risk, and expense. After six months, items of recognizable value will be donated to charitable organizations. The provisions regarding liability apply accordingly.

5. The hotel is not liable for services provided by partner companies it has arranged.

6. Messages, mail, and goods sent to guests will be handled with care. The hotel will deliver, store, and, upon request, forward them for a fee. The above number 1, sentences 2 to 4, apply accordingly.

1. Amendments or additions to the contract, the acceptance of the application, or these terms and conditions for hotel accommodation must be made in writing. Unilateral amendments or additions by the customer are invalid.

2. The place of performance and payment is the registered office of the hotel.

3. The exclusive place of jurisdiction – also for disputes concerning checks and bills of exchange – in commercial transactions is Stuttgart. If a contractual partner fulfills the requirements of § 38 (2) ZPO (German Code of Civil Procedure) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the city of Stuttgart.

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 for Hotel Accommodation 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.

As of: April 2020