General Terms and Conditions for Hotel Accommodation Contracts (Version: March 2010)

Scope of Applicability
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 hotel for the customer in this connection (Hotel Accommodation Contract). The term “Hotel Accommodation Contract” comprises and replaces the following terms: accommodation, lodging, hotel, hotel room contract.
The prior consent in text form of the hotel is required if rooms provided are to be sublet or rented to other parties or used other than for lodging purposes, whereby section 540, para. 1, sentence 2 German Civil Code is waived insofar as the customer is not a consumer.
The customer’s general terms and conditions shall apply only if these are previously expressly agreed in text form.
Conclusion of Contract, Parties, Statute of Limitations
The contract shall come into force upon the hotel’s acceptance of the customer’s application. At its discretion, the hotel may confirm the room reservation in text form.
The parties to the contract are prizeotel Bremen-City and the customer. If a third party placed the order on behalf of the customer, then that party shall be liable vis-à-vis the hotel for all obligations arising from the hotel accommodation contract as joint and several debtor together with the customer, insofar as prizeotel Bremen-City has a corresponding statement by the third party.
Any claims against 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, independent of knowledge insofar as they are not based on claims arising out of death, injury to body, health or liberty. These damage claims shall be time-barred after ten years, independent of knowledge. The reduction of the statute of limitation periods shall not apply for claims which are based on an intentional or grossly negligent breach of obligation by prizeotel Bremen-City.
Services, Prices, Payment, Set-Off
prizeotel Bremen-City is obligated to keep the rooms reserved by the customer available and to render the agreed services.
The customer is obligated to pay the agreed or applicable hotel prices for rooms provided and for other services used. This shall also apply to the hotel’s services and outlays to third parties caused by the customer. The agreed prices shall include the respective statutory Value Added Tax.
prizeotel Bremen-City can make its agreement 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 upon the increase of the price for the rooms and/or for the other services.
prizeotel Bremen-City invoices not showing a due date are payable and due within ten days of receipt of the invoice without deduction. prizeotel Bremen-City shall be entitled at any time to make accumulating accounts receivable payable and due and to demand payment without undue delay. 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. prizeotel Bremen-City reserves the right to prove greater damage.
prizeotel Bremen-City is entitled to require a reasonable advance payment or security deposit from the customer upon conclusion of the contract in the form of a credit card guarantee, an advance payment, etc. The amount of the advance payment and payment dates may be agreed in text form in the contract. With advance payments or security deposits for package tours, the statutory provisions shall remain unaffected.
In justified cases, e.g. the customer’s default in payment or expansion of the scope of the contract, 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 security deposit within the meaning of the above-mentioned No. 5 or an increase of the advance payment or security deposit agreed in the contract up to the total agreed remuneration.
Furthermore, 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. 5 for existing and future accounts receivable from the contract, insofar as such has not already been paid pursuant to the above-mentioned No. 5 and/or No. 6.
The customer may only set-off or reduce or clear a claim by the hotel with a claim which is undisputed or decided with final, res judicata effect.
Repudiation by Customer (Cancellation, Annulment) / Failure to Use Hotel Services (No Show)
Cancellation by the customer of the contract concluded with the hotel requires the hotel’s consent in text form. If such is not given, then the price agreed in the contract must be paid even if the customer does not avail himself of the contractual services.
To the extent prizeotel Bremen-City and customer agreed in text form upon a date for a cost-free cancellation of the contract, the customer may cancel the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer’s right of cancellation shall expire if he does not exercise his cancellation right in text form vis-à-vis the hotel by the agreed date.
If rooms are not used by the customer, prizeotel Bremen-City must credit the income from renting the rooms to other parties and also for saved expenses. If the rooms are not otherwise rented, prizeotel Bremen-City can demand the contractually agreed rate and assess a flat rate for the saved expenses of the hotel. In this case, the customer is obligated to pay at least 90 % of the contractually agreed rate for lodging with or without breakfast, 70 % for room and half-board, and 60 % for room and full-board arrangements. The customer is at liberty to show that the above-mentioned claim was not created or not created in the amount demanded.
Cancellation by Hotel
Insofar as it was agreed in text form that the customer can cancel the contract at no cost within a certain time period , the hotel is entitled for its part to cancel the contract during this time period if inquiries from other customers regarding the contractually reserved rooms exist and the customer, upon inquiry thereof by the hotel, does not waive his right of cancellation.
If an agreed advance payment or an advance payment or security deposit demanded pursuant to Item clause III, No. 5 and/or No. 6 supra is not made even after a reasonable grace period set by the hotel has expired, then prizeotel Bremen-City is likewise entitled to cancel the contract.
Moreover, prizeotel Bremen-City is entitled to effect extraordinary cancellation of the contract for a materially justifiable cause, e.g. if

force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract;
rooms and spaces are reserved with culpably misleading or false information regarding material contractual facts, such as the identity of the customer or the purpose of his stay;
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 Item clause I., No. 2 supra.

The customer can derive no damage compensation rights from justified cancellation by the hotel.
Room Availability, Delivery and Return
The customer does not acquire the right to be provided specific rooms insofar as this is not expressly agreed in text form.
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.
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 hotel 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.: 100 percent). Contractual claims of the customer shall not be established hereby. The customer is at liberty to prove that the hotel incurred no or much lesser claim to use damages.
Prizeotel is a non-smoking hotel. Smoking is prohibited in the entire building, including without limitation in the guest rooms. In case of breach of the smoking prohibition the offender will be charged with all costs and damages arising from such breach. In case of breach of the smoking prohibition in one of the guest rooms such costs and damages for cleaning of the room and for inability to further let the room to third parties amount to € 350.00. The parties' right to demonstrate that either no damage at all has arisen or that the damage is significantly lower or in individual cases higher than the aforementiond € 350.00 explicitly remains unaffected. No shift of burden of proof follows from anything in the foregoing.
prizeotel Bremen-City does not allow pets in the entire hotel. In case of breach, item 4. above applies accordingly.
In case of theft or damage to the hotel property it will be charged the damage incurred.
In case of not returning the keycard after check out, prizeotel Bremen City will charge a service fee of 5 EUR.
Liability of the Hotel
prizeotel Bremen-City is liable for the performance of its obligations arising from the contract. Claims of the customer for reimbursement of damages are precluded except for such which result from death, injury to body or health and prizeotel Bremen-City is responsible for the breach of the obligation, other damage which is caused by an intentional or grossly negligent breach of obligation and damage which is caused from an intentional or negligent breach of obligations of the hotel which are 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. Should disruptions or defects in the performance of the hotel occur, the hotel 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.
prizeotel Bremen-City is liable to the customer for property brought into the hotel in accordance with the statutory provisions. Accordingly, the liability is limited to, one hundred times the room rate but, however, a maximum amount of € 3,500.00 and, in deviation, for cash, securities and valuables, a maximum amount up to € 800.00.
Insofar as a parking space is provided to the customer in the hotel garage or a hotel parking lot, this does not constitute a safekeeping agreement, even if a fee is exchanged. prizeotel Bremen-City assumes no liability for loss of or damage to motor vehicles parked or manoeuvred on the hotel’s property and the contents thereof, except for cases of intent or gross negligence. For the preclusion of damage claims of the customer, the regulation of the above-mentioned No. 1, sentences 2 to 4 supra shall apply respectively.
Messages, mail, and merchandise deliveries for guests shall be handled with care. prizeotel Bremen-City will deliver, hold, and, for a fee, forward such items (on request). For the preclusion of damage claims of the customer, the regulation of the above-mentioned No. 1, sentences 2 to 4 supra shall apply respectively.
Final Provisions
Amendments and supplements to the contract, the acceptance of applications or these General Terms and Conditions should be made in text form. Unilateral amendments and supplements by the customer are not valid.
Place of performance and payment is the location of the hotel.
In the event of dispute, including disputes for checks and bills of exchange, the courts at the location of the hotel’s registered office according to corporate law shall have exclusive jurisdiction for commercial transactions. Insofar as a contracting party fulfils the requirements of section 38, para. 2 of the German Code of Civil Procedure and does not have a general venue within the country, the courts at the location of the hotel’s registered office according to corporate law shall have jurisdiction.
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 Conflict Law are precluded.
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 March 2010)

Dear guests, prizeotel would like to make your stay as pleasant as possible. Because of that, we ask you to read on the following house rules to all passengers.
Please note also the terms and conditions of prizeotel Management Group.

Keycards

There are one or two key cards available for each room. Please collect and return the keycards upon departure day at the reception. For each card we did not receive on departure date, we will charge 5 EUR on your account.

Reception

Our reception is staffed 24 hours. If you have any questions or concerns, please do not hesitate to contact our staff.

Rooms

On arrival date, the rooms are available from 15:00 clock and are available until 12: 00 o’clock on departure date. If you are checking out later than 12:00 o’clock we will charge the full daily rate.

Damage

In case of theft or damage to hotel property we will charge the damage incurred.

Breakfast

It is not allowed to take food and drink from the breakfast room with you.

Breakfast times

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

For groups: Please inform us, at what times you want to eat breakfast the next day.

Night order and safety

We expect a respectful treatment of other guests, residents and the staff. Please note to keep the peace at night from 22:00 o’clock till 06:00 o’clock. For safety, the public area is under video surveillance.

Smoking, Pets

Prizeotel is a non-smoking hotel. Smoking is prohibited in the entire building, including without limitation in the guest rooms. In case of breach of the smoking prohibition the offender will be charged with all costs and damages arising from such breach. In case of breach of the smoking prohibition in one of the guest rooms such costs and damages for cleaning of the room and for inability to further let the room to third parties amount to € 350.00. The parties' right to demonstrate that either no damage at all has arisen or that the damage is significantly lower or in individual cases higher than the aforementiond € 350.00 explicitly remains unaffected. No shift of burden of proof follows from anything in the foregoing.
Smoking also is not permitted in front of the hotel entrance nor in the hotel driveway. Smoking is only permitted in the designated smoking areas at the smokers' pavillon located behind the building.
In case non-permitted smoking causes a fire alarm or in case smoke detectors are manipulated, the offender will be charged with all costs and damages arising therefrom.
Likewise, pets are not allowed in the Prizeotel. In case of breach, item 1. above applies accordingly.
Damages per the above become due and payable upon issuance of a respective invoice.

Thank you for your attention and respecting these house rules.