General Terms and Conditions for Hotel Accommodation Contracts (Version: April 2012)

Scope of Applicability
- 1.1 These terms and conditions govern contracts for the rental use of hotel rooms for lodging purposes, as well as all other goods and services rendered by the prizeotel Bremen GmbH & Co. KG to the customer in this context (Hotel Accommodation Contract). The term “Hotel Accommodation Contract” comprises and replaces the following terms: accommodation, lodging, hotel, hotel room contract.
- 1.2 The hotel’s prior consent in written form is required if rooms provided are to be sublet or rented to a third party, or used for other than lodging purposes, whereby section 540, para. 1, sentence 2 German Civil Code (BGB) is waived insofar as the customer is not a consumer.
- 1.3 The customer’s general terms and conditions shall apply only if these are previously expressly agreed.
Conclusion of Contract, Parties, Statute of Limitations
- 2.1The prizeotel Bremen City and the customer are the contracting parties. The contract shall come into force upon the hotel’s acceptance of the customer’s offer. At its discretion, the hotel may confirm the room reservation in written form.
- 2.2Any claims against the prizeotel Bremen-City shall generally be time-barred one year after the commencement of the general statute of limitations period. Damage claims shall be time-barred after five years, dependent on knowledge thereof, insofar as they are not based on claims arising out of harm inflicted on life, limb, physical health or liberty. These damage claims shall be time-barred after ten years, independent of knowledge thereof. The reduction of the statute of limitation periods shall not apply to claims which are based on an intentional or grossly negligent breach of obligation by the prizeotel Bremen-City.
Services, Prices, Payment, Set-Off
- 3.1The prizeotel Bremen-City is obligated to keep the rooms reserved by the customer available and to render the agreed services.
- 3.2 The customer is obligated to pay the agreed or applicable prizeotel Bremen-City prices for rooms provided and for other services accepted. This also applies to services ordered by the customer directly or via the prizeotel Bremen-City , which a third party provides and the hotel disburses.
- 3.3 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 four months have passed between the conclusion and fulfilment of the contract.
- 3.4 The prizeotel Bremen-City 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.
- 3.5 Prizeotel Bremen-City invoices not stating a due date are payable without deduction and due within ten days of receipt of the invoice. The prizeotel Bremen-City can demand immediate payment of due debt from the customer. With default of payment, the hotel shall be entitled to demand the respectively applicable statutory default interest in the amount of currently 8 % or, with legal transactions with a consumer, in the amount of 5 % above the base interest rate. The prizeotel Bremen-City reserves the right to prove greater damage.
- 3.6 The prizeotel Bremen-City 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 written form in the contract. The statutory provisions shall remain unaffected with advance payments or a security for package tours.
- 3.7 In justified cases, e.g. the customer’s default in payment or expansion of the scope of the contract, the prizeotel Bremen-City 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. 3.6 or an increase of the advance payment or a security agreed in the contract up to the total agreed remuneration.
- 3.8 Furthermore, the prizeotel Bremen-City 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. 3.6 for existing and future accounts receivable from the contract, insofar as such has not already been paid pursuant to the above-mentioned No. 3.6 and/or No. 3.7.
- 3.9 The customer may only set-off, reduce or clear a claim by the prizeotel Bremen-City with a claim which is undisputed or decided with final, res judicata effect.
Withdrawal of the Customer (Cancellation, Annulment)// Failure to Use Hotel Services (No Show)
- 4.1 The customer can only withdraw from the contract concluded with the prizeotel Bremen-City, if a right of withdrawal was explicitly agreed upon in the contract, another statutory right of withdrawal exists or if the hotel 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 written from.
- 4.2 Insofar as the prizeotel Bremen-City and customer have agreed upon a date for a cost-free withdrawal from the contract, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the prizeotel Bremen-City. The customer’s right of withdrawal shall expire, if he does not exercise his right of withdrawal vis-à-vis the hotel by the agreed date.
- 4.3 The prizeotel Bremen-City is entitled to the contractually 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 does not give its consent to the cancellation of the contract. The prizeotel Bremen-City must credit the income from renting the rooms to other parties as well as for saved expenses. If the rooms are not rented otherwise, the hotel can demand the contractually agreed rate and assess a lump sum for the saved expenses of the prizeotel Bremen-City. In this case, the customer is obligated to pay at least 90 % of the contractually agreed rate for lodging with or without breakfast as well as all-inclusive arrangements with contracted services, 70 % for half-board and 60 % for full-board arrangements. The customer is at liberty to show that the above-mentioned claim was or has not amounted to the demanded sum.
Cancellation by Hotel
- 5.1 Insofar as it was agreed that the customer can withdraw from the contract at no cost within a certain period of time, the prizeotel Bremen-City is entitled for its part to withdraw from the contract during this period of time if inquiries from other customers regarding the contractually reserved rooms exist and the customer, upon inquiry thereof by the prizeotel Bremen-City with a reasonable deadline set, does not waive his right of withdrawal.
- 5.2 If an agreed advance payment or an advance payment or a security demanded pursuant to No. 3.6 and/or No. 3.7 is not made even after a reasonable grace period set by the hotel has expired, then the prizeotel Bremen-City is likewise entitled to withdraw from the contract.
- 5.3 Moreover, the prizeotel Bremen-City is entitled to effect extraordinary withdrawal from the contract for a materially justifiable cause, in particular if
  - force majeure or other circumstances beyond the hotel’s control render the fulfillment of the contract impossible;
  - rooms or spaces 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 prizeotel Bremen-City has justified cause to believe that use of the hotel’s services might jeopardize the smooth operation of the hotel, its security or public reputation, without being attributable to the hotel’s sphere of control or organization;
  - the purpose or the cause of the stay is illegal; - there is a breach of the above-mentioned No. 1.2.
- 5.4 The justified withdrawal by the prizeotel Bremen-City constitutes no claims for damages for the customer.
Room Availability, Delivery and Return
- 6.1 The customer does not acquire the right to be provided specific rooms insofar as this is not expressly agreed.
- 6.2 Reserved rooms are available to the customer starting at 3:00 p.m. on the agreed arrival date. The customer does not have the right to earlier availability.
- 6.3 Rooms must be vacated and made available to the hotel no later than 12:00 noon on the agreed departure date. After that time, on the grounds of the delayed vacating of the room for use exceeding the contractual time, the prizeotel Bremen-City may charge 50 % of the full accommodation rate (list price) for the additional use of the room until 6:00 p.m. (after 6:00 p.m.: 90 %). Contractual claims of the customer shall not be established hereby. The customer is at liberty to prove that the hotel has no or a much lower claim for charges for use of the room.
- 6.4 The prizeotel Bremen-City is a non-smoking hotel. Smoking is prohibited throughout the entire hotel building, and particularly in the guest rooms. Violation of this smoking ban in any of the guest rooms will incur the costs of a thorough clean, as well a € 350.00 charge to cover the loss of earnings from the room. The parties are entitled to provide explicit proof that no such damage has occurred, that the damage is considerably less than asserted, or in specific cases, higher than the aforementioned sum of € 350. This does not imply a reversal in the burden of proof.
- 6.5 Furthermore, smoking is also neither permitted directly in front of the hotel entrance, nor in the driveway leading to the hotel. Smoking is only permitted in designated outside areas behind the house in the smoker’s pavilion.
- 6.6 In the event of a fire alarm being activated as a direct result of unauthorised smoking, or if a smoke detector is wilfully tampered with, the costs of any resulting damage will be included in the final bill.
- 6.7 Pets are also not permitted in the prizeotel Bremen City. Infringement of the rules prohibiting pets within the hotel will incur the same charges stipulated in paragraph 1.
- 6.8 Claims for damages as stipulated in the aforementioned paragraphs 1 to 4 become payable upon issuing of the bill (invoicing date).
Liability of the Hotel
- 7.1 The prizeotel Bremen-City 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. A breach of obligation of the hotel 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 No. 7. Should disruptions or defects in the performance of the hotel occur, the prizeotel Bremen-City 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.
- 7.2 The prizeotel Bremen-City 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 guest wishes to bring with him money, securities, stocks, bonds or valuables with a value of more than 800 EUR or other things with a value of more than 3500 EUR, a separate safekeeping agreement is necessary.
- 7.3 Insofar as a parking space is provided to the customer in the prizeotel Bremen-City garage or a hotel parking lot, this does not constitute a safekeeping agreement, even if a fee is exchanged. The hotel only assumes liability for loss of or damage to motor vehicles parked or manoeuvred on the hotel’s property and the contents thereof only pursuant to the preceding No. 7.1, sentences 1 to 4.
- 7.4 Wake-up calls are carried out by the prizeotel Bremen-City with the greatest possible diligence. Messages, mail, and merchandise deliveries for guests shall be handled with care. The hotel will deliver, hold, and, for a fee, forward such items (on request). The hotel only assumes liability according to the preceding No. 7, sentences 1 to 4.
Final Provisions
- 8.1 Amendments and supplements to the contract, the acceptance of offers or these general terms and conditions should be made in written form. Unilateral amendments or supplements by the customer are invalid.
- 8.2 For commercial transactions the place of performance and payment as well as, in the event of litigation, including disputes for checks and bills of exchange, the exclusive court of jurisdiction is at the location of prizeotel Bremen GmbH & Co. KG registered office. Insofar as a contracting party fulfills the requirements of section 38, para. 2 of the German Code of Civil Procedure (ZPO) and does not have a place of general jurisdiction within the country, the courts at the location of prizeotel Bremen GmbH & Co. KG registered office shall have exclusive jurisdiction.
- 8.3 The contract is governed by and shall be construed in accordance with German law. The application of the UN Convention on the International Sale of Goods and Conflict Law are precluded.
- 8.4 Should individual provisions of these general terms and conditions be or become invalid or void, the validity of the remaining provisions shall remain unaffected thereby. The statutory provisions shall also be applicable.

General Rules (as of Oktober 2012)

Dear guests,

Prizeotel Bremen-City offers you an excellent designer product that is affordable and has the charm of a private hotel. To ensure that your stay in prizeotel is as pleasant as possible we kindly ask you to keep in mind the following house rules and, as the case may be, to pass them on to all your fellow guests.

Reception

Our reception desk is staffed around the clock. Should you have any questions or concerns do not hesitate to contact our staff.

Check out the Check-In & the Quick Check-Out

On the arrival date, rooms are available from 3 o’clock p.m. On the day of your departure you have enough time to have breakfast, to pack up your things and get ready for the day. The rooms must be vacated by 12 o’clock noon.
If you know that you need more time for your morning routine, you can book a late check-out. Should this be the case, please contact our staff at the reception.

Key cards

You will receive the key cards for your room when you check in. For each room you can get one or two such cards depending on the number of persons using the room. Please collect and return the key cards upon departure day. Just drop them in the box provided at the reception and save yourself the trouble of staying in long and annoying queues. If you happen to take the key card with you, please send it back to us by mail otherwise we have to charge a fee of 5 EUR per card.

The Feelgood Factor

We kindly ask you to handle the objects in your room and in the entire hotel with care so that all our guests can enjoy their time in our hotel as much as you do. However, should anything be damaged by mistake, please tell us immediately.

Breakfast

Our delicious breakfast buffet includes freshly ground speciality coffee such as Latte Macchiato, Cappuccino and more (as much as you want), meat products from an established local butcher, daily fresh sliced fruit, homemade muesli (with fresh fruit) fresh bakery products and much more. Start the day properly with our rich and delicious breakfast for only 11,00 EUR per person.

Breakfast times

Mon-Fri 06:00-10:30 Clock
Sat / Sun 07:00-11:00 Clock

Do Not Disturb

If you don’t want anybody to enter your room, you can hang the ‘Do not disturb’ sign outside your door. However, mind the fact that in this case our housekeeping staff will not be allowed to make up your room either.

Quiet hours, order & Safety

We expect our guests to treat each other and our staff with the utmost respect.
Quiet hours begin at 10 o’clock p.m. to 6 o’clock a.m. and apply to all rooms, floors and public areas.
The hotel is staffed 24 hours a day and inspection rounds are made throughout the night so that you can get a good night’s sleep. All public areas as well as the parking area are under video surveillance for safety reasons.

No Smoking

The prizeotel Bremen-City is a non-smoking hotel. This means nothing less that fresh air and a pleasantly scented room. Forget about the bothering smell of cigarettes that the carpet, your clothes and, ultimately, your lungs soak up. Smoking is strictly prohibited in all our room, in the entire building, as well as in front of the hotel and on the driveway.
But no need to worry, dear smokers! We have a smoking area behind the hotel which you can use.
By the way, on your way to the smoking area you will most probably walk past our bar. Perhaps you like to enjoy your cigarette together with a hot or cold drink.

Should this smoking ban be violated, you will be charged 350 EUR as compensation for the damages, as the room will have to be thoroughly cleaned and thus cannot be used for a certain period of time. The parties are entitled to provide explicit proof that no such damage has occurred, that the damage is considerably less than asserted, or in specific cases, higher than the aforementioned sum of € 350. This does not imply a reversal in the burden of proof. In the event of a fire alarm being activated as a direct result of unauthorised smoking, or if a smoke detector is wilfully tampered with, the costs of any resulting damage will be included in the final bill.

Prizeotel and Pets

Domestic animals are also not permitted in the prizeotel Bremen City. Infringement of the rules prohibiting pets within the hotel will incur the same charges stipulated in the paragraph above.
Claims for damages as stipulated in the aforementioned paragraphs become payable upon issuing of the bill (invoicing date).

Gross offence against the House Rules and/or the General Terms and Conditions of the prizeotel Bremen-City, as well as repeated disregard of staff instructions will lead to dismissal. Should this occur, reimbursement for already paid services is not possible.

Thank you for your attention and your consideration of these House Rules. Should you have any further questions regarding your stay, please contact our staff at the reception.