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terms and conditions

General Terms and Conditions of the Hotel Merkur for Hotel Accommodation Contracts
(Version: January 2017)

I. Scope of Applicability

1. These terms and conditions govern contracts for the rental use of hotel rooms in the respective Hotel Merkur for lodging purposes, as well as all other goods and services rendered by Hotel Merkur to the customer in this context (Hotel Accommodation Contract).

2. In order to sublet the rooms that have been rented, to use the hotel rooms for other purposes than for accommodation, for public invitations or other advertising purposes, for interviews, sales or similar events the customer must obtain the prior written consent of Hotel Merkur who may also demand payment of an additional remuneration. Section 540 para. 1, sentence 2 of the German Civil Code (BGB) is waived insofar as the customer is not a consumer.

3. The customer’s general terms and conditions only apply if this is previously expressly agreed.

II. Conclusion of Contract, Duty of Notification
1. The contract shall come into force upon Hotel Merkur’s acceptance of the customer’s application. At its discretion, Hotel Merkur may confirm the room reservation in text form.

2. The customer must inform Hotel Merkur without being asked, at the latest upon conclusion of the contract, if the customer’s use of the hotel service/s is likely to endanger the smooth operation of the hotel, the security or the reputation of Hotel Merkur in the public eye.

III. Services, Prices, Payment, Set-Off

1. The customer is obligated to pay the agreed or applicable prices of Hotel Merkr for rooms provided and for other services supplied. This also applies to services ordered by the customer directly or via Hotel Merkur, which a third party provides and Hotel Merkur disburses.

2. The agreed prices include all taxes and local taxes in effect at the time of the conclusion of contract. This does not include locally levied taxes, which are owed by the guest himself according to the particular municipal law, such as visitor’s tax. If the statutory value added tax is changed or if local taxes concerning the rooms and services are newly introduced, changed or abolished after these have been contractually agreed upon, the prices will be adjusted. This only applies to contracts concluded with consumers, if the period between conclusion and fulfilment of the contract exceeds four months.

3. All services, subject to tax at 19% sales tax will be combined as “Business Package” with a rate of € 10,-. Included in this are services like for example, breakfast, usages of the parking lot, fitness room, wireless internet access, etc.. These are services that are included in the room rate, but merely apply to a different VAT percentage. Further, these included services are not seperately oderable nor cancelable.

4. The Hotel Merkur can make its consent to the customer’s later request for a reduction of the number of reserved rooms, services of the hotel or the customer’s length of stay dependent on the increase of the price for the rooms and/or for the other services.

5. If payment on receipt of the invoice is agreed, the invoice is payable without deduction and due within ten days of receipt, if not otherwise agreed.

6. For each reminder in case of default Hotel Merkur is entitled to demand a fee of € 5. The customer is at liberty to prove that Hotel Merkur has incurred no or lesser costs. If the customer is not a consumer, the Hotel Merkur is entitled to claim the lump sum according to Section 288 para. 5 of the German Civil Code (BGB) instead.

7. The Hotel Merkur is entitled to require a reasonable advance payment or a security, such as a credit card guarantee, from the customer upon conclusion of the contract. The amount of the advance payment and payment dates may be agreed in text form in the contract. The statutory provisions shall remain unaffected with advance payments or a security for package tours.

8. In justified cases, e.g. the customer’s default in payment or expansion of the scope of the contract, Hotel Merkur shall be entitled, also after the conclusion of the contract up to the commencement of the stay, to demand an advance payment or a security within the meaning of the above-mentioned No. 6 or an increase of the advance payment or a security agreed in the contract up to the total agreed remuneration.

9. Furthermore, the Hotel Merkur shall be entitled, at the commencement and during the customer’s stay, to demand a reasonable advance payment or security deposit within the meaning of the above-mentioned No. 6, insofar as such has not already been paid pursuant to the above-mentioned No. 6 and/or No. 7.

10. The customer may only set-off, reduce or clear a claim by Hotel Merkur with a claim which is undisputed or decided with final, res judicata effect.

IV. Withdrawal of the Customer (Cancellation, Annulment) / Failure to Use Hotel Services (No Show)

1. The customer can only withdraw from the contract concluded with the Hotel Merkur, if a right of withdrawal was explicitly agreed upon in the contract, another statutory right of withdrawal exists or if the Hotel Merkur gives its explicit consent to the withdrawal. The contractual agreement of a right of withdrawal as well as the consent to withdrawal from the contract shall be in text form.

2. To the extent that a date for a cost-free withdrawal from the contract has been agreed upon, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by Hotel Merkur. The customer’s right of withdrawal shall expire if he does not exercise it in text form vis-à-vis Hotel Merkur by the agreed date.

3.The Hotel Merkur is entitled to the contractual agreed rate even if the rooms are not used, if a contractual right of withdrawal was not agreed or has expired, a statutory right of withdrawal or cancellation is not given and the Hotel Merkur does not give its consent to the cancellation of the contract. The Hotel Merkur must credit the income from renting the rooms to other parties as well as for saved expenses. If the rooms are not rented otherwise, Hotel Merkur can demand the contractually agreed rate and assess a lump sum for the saved expenses. In this case, the customer is obligated to pay 90 percent of the contractually agreed rate for lodging with or without breakfast as well as all-inclusive arrangements with contracted external services, 70 percent for half-board and 60 percent for full-board arrangements. The customer is at liberty to show, that the above-mentioned claim has not arisen at all or has not amounted to the demanded sum.

V. Cancellation by Hotel Merkur

1. Insofar as it was agreed that the customer can withdraw from the contract at no cost up to a specific date, Hotel Merkur is entitled for its part to withdraw from the contract all or in part up to this specific date if inquiries from other customers regarding the contractually reserved rooms exist and the customer, upon inquiry thereof by Hotel Merkur with a reasonable deadline set, does not waive his right of withdrawal. The same applies to the granting of an option if other inquiries exist and the customer is, if requested by Hotel Merkur with a reasonable deadline set, not prepared to make a fixed booking.

2. Moreover, the Hotel Merkur is entitled to effect extraordinary withdrawal from the contract for a materially justifiable cause, in particular if • force majeure or other circumstances beyond Hotel Merkur’s control render the fulfilment of the contract impossible;
• hotel services are reserved with culpably misleading or false information or concealment regarding essential facts. The identity or solvency of the customer or the purpose of his stay can constitute essential facts;
• The Hotel Merkur has justified cause to believe that use of the hotel’s services might jeopardize the smooth operation of Hotel Merkur, its security or public reputation, without being attributable to Hotel Merkur’s sphere of control or organisation;
• the purpose or the cause of the stay is illegal;
• there is a breach of clause I. No. 2 supra;
• an agreed advance payment or an advance payment or security demanded pursuant to clause III. No. 6 and/or clause III. No. 7 is not made even after a reasonable grace period set by Hotel Merkur has expired.

General Terms and Conditions of the Hotel Merkur for Hotel Accommodation Contracts Page 2

3. The Hotel Merkur is entitled to stop or cancel interviews and sales or similar events that have not been approved.

4. The justified withdrawal by Hotel Merkur does not constitute any claims for damages for the customer.

5. If, in case of a withdrawal according to No. 2 supra, Hotel Merkur has a claim for damages, Hotel Merkur may charge a lump sum for the claim. In this case, clause IV No. 3, sentences 2 to 5 apply accordingly.

VI. Room Availability, Delivery and Return

1. The customer does not acquire the right to be provided specific rooms insofar as this is not expressly agreed.

2. Unless an earlier time of arrival has been expressly agreed upon, reserved rooms are available to the customer starting at 3:00 p.m. on the agreed arrival date. Unless a later time of arrival has been expressly agreed upon or the respective room has been paid in advance, Hotel Merkur is entitled to let the booked room to another party after 6:00 p.m. without the customer being able to derive a claim against Hotel Merkur from this fact. There is no obligation to let the room to another person.

3. Rooms must be vacated and made available to Hotel Merkur no later than 12:00 noon on the agreed departure date. If the customer wishes to exceed this point of time, a longer availability can be agreed upon beforehand by paying a time-related charge, subject to vacancy.

4. If the customer uses the room after 12:00 noon without concluding an explicit agreement with Hotel Merkur prior to this, the Hotel Merkur may charge 50 percent of the full accommodation rate (list price) for the additional use of the room until 6:00 p.m. (but not less than the amount according to No. 3 supra), after 6:00 p.m. at least 90 percent. The customer is at liberty to prove that Hotel Merkur has no or a much lower claim for charges for use of the room.

5. The customer is personally liable for all damages, he caused in the hotel, in full. These are for example damages to the furniture, the facility, technical equipment or the building. Regardless if damages happened through demolition, theft or the necessity of increased cleaning efforts. Any damages have to be reported directly after emerging and will be settled with the individual customer right away.

VII. Liability of Hotel Merkur

1. The Hotel Merkur is liable for harm inflicted on life, limb and physical health. Further it is liable for other damage caused with full intent or gross negligence or due to intentional or grossly negligent violation of obligations typical for the contract. Typical contractual obligations are those obligations that enable the proper execution of the contract and on whose fulfilment the customer relies and may rely. A breach of obligation of Hotel Merkur is deemed to be the equivalent to a breach of a statutory representative or vicarious agent. All other claims for damages are excluded, if not determined differently in this clause VII. Should disruptions or defects in the performance of Hotel Merkur occur, Hotel Merkur shall act to remedy such upon knowledge thereof or upon objection by the customer made without undue delay. The customer shall be obliged to undertake actions reasonable for him to eliminate the disruption and to keep any possible damage to a minimum. Moreover, the customer shall be obliged to inform Hotel Merkur as soon as possible if an extraordinary high loss is liable to arise.

2. The Hotel Merkur is liable to the customer for property brought into the hotel in accordance with the statutory provisions. It recommends the use of the hotel or room safe. If the customer wishes to bring with him money, securities, stocks, bonds or valuables with a value of more than € 800 or other things with a value of more than € 3,500, a separate safekeeping agreement is necessary.

3. Items that the customer has left behind are only forwarded at the customer’s request, risk and costs. The Hotel Merkur keeps such items for three months after which time they are, as far as they have any value, handed over to the local lost property office. If the local lost property office is not willing to take-over the items, they will be kept for further nine months and after that time disposed of or destroyed. With regard to Hotel Merkur’s liability, No.1, sentences 1 to 5 supra shall apply respectively.

4. If the customer is provided with a parking space in the hotel garage or a hotel parking lot, this does not constitute a safekeeping agreement, even if a fee is charged. The Hotel Merkur has no monitoring obligation. The Hotel Merkur only assumes liability for loss of or damage to motor vehicles parked or manoeuvred on the hotel’s property and the contents thereof pursuant to the preceding No. 1, sentences 1 to 5. The Hotel Merkur must be informed immediately about possible damages.

5. Wake-up calls are carried out by Hotel Merkur with the greatest possible diligence. Messages, mail, and merchandise deliveries for guests are handled with care. Hotel Merkur will deliver, keep, and for a fee forward such items (on request). Merchandise deliveries can only be kept if so agreed to beforehand. With regard to Hotel Merkur’s liability, No. 1, sentences 1 to 5 supra shall apply respectively.

VIII. Final Provisions

1. Amendments and supplements to the contract or these general terms and conditions should be made in text form. Unilateral amendments and supplements by the customer are not valid.

2. For commercial transactions the place of performance and payment is the location of the Hotel Merkur.

3. For commercial transactions the courts at Zweibrücken shall have exclusive jurisdiction in the event of litigation, including cheque disputes. The Hotel Merkur can also sue the customer – at Hotel Merkur’s choice – at the location of the domicile of the customer. The same applies insofar as a customer fulfills the requirements of section 38 para. 2 of the German Code of Civil Procedure (ZPO) and does not have a legal domicile in Germany.

4. The contract is governed by and shall be construed in accordance with the laws of the Federal Republic of Germany. The application of the UN Convention on the International Sale of Goods and the conflict of laws are precluded.

5. Hotel Merkur does not take part in mediation on dispute regulation bodies for consumers.

6. Should individual provisions of these General Terms and Conditions for Hotel Accommodation Contracts be or become invalid or void, the validity of the remaining provisions shall remain unaffected thereby. The statutory provisions shall also be applicable.