GENERAL TERMS AND CONDITIONS FOR EVENTS (AS OF: February 2016)

1 Scope of Application

1.1 These terms and conditions apply to contracts for the rental of conference, banquet and event rooms of the hotel for holding events such as banquets, seminars, conferences, exhibitions and presentations, etc., as well as all other services and deliveries provided by the hotel to the customer in this connection.

1.2 Subletting or further letting of the rooms, areas or display cases provided, as well as invitations to job interviews, sales or similar events, require the prior consent of the hotel in text form, whereby Section 540 Para. 1 Sentence 2 of the German Civil Code (BGB) is hereby waived, insofar as the customer is not a consumer.

1.3 General terms and conditions of the customer shall only apply if this has been expressly agreed in advance.

2 Conclusion of Contract, Contracting Parties, Liability, Limitation Period

2.1 The contracting parties are the hotel and the customer. The contract is concluded upon acceptance of the customer's offer by the hotel. The hotel is free to confirm the booking of the event in text form.

2.2 The hotel is liable for damages attributable to it arising from injury to life, body or health. Furthermore, it is liable for other damages 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. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages, unless otherwise regulated in Section 9, are excluded. Should disruptions or defects in the hotel's services occur, the hotel will endeavor to remedy the situation upon becoming aware or upon immediate complaint by the customer. The customer is obliged to contribute what is reasonable to eliminate the disruption and keep any damage to a minimum. Furthermore, the customer is obliged to notify the hotel in good time of the possibility of exceptionally high damage occurring.

2.3 All claims against the hotel are generally subject to a limitation period of one year from the statutory commencement of the limitation period. Claims for damages are subject to a limitation period of five years irrespective of knowledge, insofar as they are not based on injury to life, body, health or freedom. These claims for damages are subject to a limitation period of ten years irrespective of knowledge. The shortened limitation periods do not apply to claims based on intentional or grossly negligent breach of duty by the hotel.

3 Services, Prices, Payment, Set-off

3.1 The hotel is obliged to provide the services ordered by the customer and confirmed by the hotel.

3.2 The customer is obliged to pay the agreed or applicable prices of the hotel for these and other services used. This also applies to services commissioned by the customer directly or through the hotel, which are provided by third parties and disbursed by the hotel. This applies in particular to claims by copyright collecting societies.

3.3 The agreed prices include the taxes applicable at the time of conclusion of the contract.

In the event of changes to the statutory value-added tax or the introduction, modification or abolition of local charges on the subject matter of the contract after conclusion of the contract, the prices will be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between conclusion of the contract and performance of the contract exceeds four months.

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

3.5 The hotel is entitled to require an appropriate 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 may be agreed in text form in the contract.

3.6 In justified cases, for example payment arrears by the customer or extension of the scope of the contract, the hotel is entitled to demand an advance payment or security deposit within the meaning of the above Section 3.5 or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration, even after conclusion of the contract and up to the beginning of the event.

3.7 The customer may only set off or offset against a claim of the hotel with an undisputed or legally established claim.

4 Customer Withdrawal (Cancellation)

4.1 Withdrawal by the customer from the contract concluded with the hotel is only possible if a right of withdrawal has been expressly agreed in the contract, if another statutory right of withdrawal exists, or if the hotel expressly consents to the cancellation of the contract. The agreement of a right of withdrawal and any consent to cancellation of the contract should be made in text form.

4.2 If a date for free withdrawal from the contract has been agreed between the hotel and the customer, the customer may withdraw from the contract until that date without triggering payment or compensation claims by the hotel. The customer's right of withdrawal expires if they do not exercise their right of withdrawal vis-à-vis the hotel by the agreed date.

4.3 If a right of withdrawal has not been agreed or has already expired, and if there is no statutory right of withdrawal or termination and the hotel does not consent to cancellation of the contract, the hotel retains the right to the agreed remuneration despite non-utilization of the service. The hotel must credit income from alternative letting of the rooms as well as saved expenses. The respective saved expenses may be calculated on a flat-rate basis in accordance with Sections 4.4, 4.5 and 4.6. The customer is free to prove that the claim did not arise or did not arise in the amount demanded. The hotel is free to prove that a higher claim arose.

4.4 If the customer withdraws between the 8th and 4th week before the event date, the hotel is entitled to charge, in addition to the agreed rental price, 35% of the lost food revenue, and 70% of the food revenue for any later withdrawal.

4.5 The calculation of food revenue is based on the formula: Agreed menu price x number of participants. If no price had yet been agreed for the menu, the least expensive 3-course menu from the respective valid event offer is used as the basis.

4.6 If a conference package per participant has been agreed, the hotel is entitled to charge 60% in the event of withdrawal between the 8th and 4th week before the event date, and 85% for a later withdrawal, of the conference package x agreed number of participants.

4.7 SPECIAL CANCELLATION CONDITIONS COVID-19

Against the background of the ongoing COVID-19 pandemic and its effects on the contractual relationship between the parties, the parties agree as follows:

In the event that, as a direct consequence of official orders or decrees in connection with the COVID-19 pandemic, the event cannot be held to the contractually agreed extent, the parties undertake primarily to adapt the contract to the changed conditions. In particular, but not exclusively, a free reduction in the number of participants, a division of participants into different groups or rooms, or a free postponement of the event to a later date may be considered. Should a contract adaptation be unreasonable for one of the parties (e.g., absolute fixed-date transaction), that party has the right to withdraw from the contract free of charge as soon as negotiations on contract adaptation have definitively failed. If a party successfully invokes this clause, the parties are mutually released from their contractual obligations and from any obligation to pay damages or from any other contractual remedy for breach of contract from that point onwards.

The withdrawal declaration must be made in writing or in text form.

5 Hotel Withdrawal

5.1 If it has been agreed that the customer may withdraw from the contract free of charge within a certain period, the hotel is also entitled to withdraw from the contract during this period if inquiries from other customers regarding the contractually booked event rooms exist and the customer does not waive their right of withdrawal upon inquiry by the hotel with a reasonable deadline.

5.2 If an advance payment or security deposit agreed or demanded in accordance with Sections 3.5 and/or 3.6 is not made even after expiry of a reasonable grace period set by the hotel, the hotel is also entitled to withdraw from the contract.

5.3 Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if:

• Force majeure or other circumstances not attributable to the hotel make performance of the contract impossible;
• Events or rooms are booked culpably with misleading or false information or concealment of material facts; the identity of the customer, ability to pay or the purpose of the stay may be material;
• The hotel has justified reason to believe that the event may jeopardize the smooth operation of the business, security or public reputation of the hotel, without this being attributable to the hotel's sphere of control or organization;
• The purpose or occasion of the event is unlawful;
• There is a violation of Section 1.2.

5.4 Justified withdrawal by the hotel does not give rise to any claim for damages by the customer.

6 Changes in Number of Participants and Event Time

6.1 An increase in the number of participants by more than 5% must be communicated to the hotel at least five working days before the start of the event; it requires the consent of the hotel, which should be given in text form. Billing is based on the actual number of participants, but at least 95% of the agreed higher number of participants. If the actual number of participants is lower, the customer has the right to reduce the agreed price by the additional expenses saved due to the lower number of participants, which the customer must prove.

6.2 A reduction in the number of participants by more than 5% should be communicated to the hotel early, at the latest five working days before the start of the event. Billing is based on the actual number of participants, but at least 95% of the finally agreed number of participants. Section 6.1 Sentence 3 applies accordingly.

6.3 In the event of a reduction in the number of participants by more than 10%, the hotel is entitled to exchange the confirmed rooms, taking into account any different room rental, unless this would be unreasonable for the customer.

6.4 If the agreed start or end times of the event are shifted and the hotel agrees to these deviations, the hotel may reasonably charge for the additional service provision, unless the hotel is at fault.

7 Bringing Food and Beverages

The customer may not generally bring food and beverages to events. Exceptions require an agreement with the hotel. In these cases, a contribution to cover overhead costs will be charged.

8 Technical Equipment and Connections

8.1 Insofar as the hotel procures technical and other equipment from third parties at the customer's request, it acts in the name, with power of attorney and on account of the customer.

The customer is liable for careful handling and proper return. The customer indemnifies the hotel against all third-party claims arising from the provision of this equipment.

8.2 The use of the customer's own electrical equipment using the hotel's power supply requires the hotel's consent. The customer is liable for malfunctions or damage to the hotel's technical systems caused by the use of these devices, insofar as the hotel is not responsible for them. The hotel may record and charge electricity costs arising from use on a flat-rate basis.

8.3 With the hotel's consent, the customer is entitled to use their own telephone, fax and data transmission equipment. The hotel may charge a connection fee for this.

8.4 If suitable equipment of the hotel remains unused due to the connection of the customer's own equipment, a compensation for loss of use may be charged.

8.5 Malfunctions in technical or other equipment provided by the hotel will be remedied as soon as possible. Payments cannot be withheld or reduced insofar as the hotel is not responsible for these malfunctions.

9 Loss or Damage to Items Brought In

9.1 Exhibition or other items brought in, including personal items, are in the event rooms or hotel at the customer's risk. The hotel assumes no liability for loss, destruction or damage, including consequential financial losses, except in cases of gross negligence or intent by the hotel. This excludes damages arising from injury to life, body or health. In addition, all cases in which safekeeping constitutes a typical contractual obligation based on the circumstances of the individual case are excluded from this limitation of liability.

9.2 Decorative material brought in must comply with fire protection requirements. The hotel is entitled to request official proof of this. If such proof is not provided, the hotel is entitled to remove material already brought in at the customer's expense. Due to possible damage, the installation and attachment of objects must be agreed with the hotel in advance.

9.3 Exhibition or other items brought in must be removed immediately after the end of the event. If the customer fails to do so, the hotel may carry out removal and storage at the customer's expense. If the items remain in the event room, the hotel may charge a reasonable usage fee for the duration of withholding of the room.

10 Customer Liability for Damages

10.1 If the customer is an entrepreneur, they are liable for all damages to the building or inventory caused by event participants or visitors, employees, other third parties from their sphere or by themselves.

10.2 The hotel may require the customer to provide appropriate security, for example in the form of a credit card guarantee.

11 Final Provisions

11.1 Amendments and supplements to the contract, acceptance of the offer or these general terms and conditions should be made in text form. Unilateral amendments or supplements by the customer are invalid.

11.2 The place of performance and payment as well as the exclusive place of jurisdiction – also for check and bill of exchange disputes – in commercial transactions is Cologne, Germany. If a contracting party meets the requirements of Section 38 Paragraph 2 of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be Cologne, Germany.

11.3 German law applies. The application of UN sales law and conflict of laws is excluded.

Should individual provisions of these general terms and conditions for events be or become invalid or void, this shall not affect the validity of the remaining provisions. Otherwise, statutory provisions apply.