General Terms and Conditions for Hotel Accommodation Contracts

II Conclusion of contract, contract partners, personal data

1. the contract is concluded upon acceptance of the customer's application by the hotels (Falkenstein Grand and/or Villa Rothschild of the operating company Broermann Health & Heritage Hotels GmbH1 and Hotel Atlantic Hamburg of Atlantic Hotel Betriebsgesellschaft mbH²), hereinafter also referred to individually or collectively as the "hotel". The Hotel is at liberty to confirm the room and/or apartment booking in writing.

2. the contractual partners are the respective aforementioned operating companies of the hotels and the customer. If a third party has ordered on behalf of the customer, it shall be liable to the hotel together with the customer as joint and several debtor for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.

3. a right to isolated use of the SPA area can also be acquired by concluding a corresponding membership in accordance with section XYZ below.

4. the protection of personal data is important to the hotel. Details of data protection, including a more detailed explanation of the rights to which the customer is entitled in this respect, can be viewed at any time under the following link under the term data protection information: http://broermann-hotels.com/startseite/

III SPA / Fitness memberships

1. the use of the SPA, fitness and/or wellness area of the hotel is only permitted to customers upon presentation of a valid membership card and/or customers with a room card. This card is personal, non-transferable and must be presented as proof of identity each time the customer visits the facility. The customer is obliged to ensure the safekeeping of his/her membership card. Any loss of the membership card must be reported to the hotel immediately. A processing fee of EUR 10.00 will be charged for the issue of a new membership card. Changes of address and name, as well as changes to bank and account details must be notified to the hotel immediately in writing.

2. the facilities of the SPA, fitness and/or wellness area of the hotel can only be used during the official opening hours. The hotel reserves the right to make changes to the fitness and course offerings. The hotel reserves the right to restrict access to the facilities in the case of exclusive bookings on up to 5 days per month to a reasonable extent for the customer. Such restrictions will be announced at least 7 days in advance by means of notices in the SPA, fitness and/or wellness area. Financial compensation will only be paid in the event of a complete closure of all facilities in the SPA, fitness and/or wellness area. An annual pool inspection is expressly excluded from financial compensation regulations. The staff present are entitled to issue instructions insofar as this is necessary to maintain the orderly operation of the SPA, fitness and / or wellness area of the hotel, order and safety or compliance with the house rules. These instructions must be followed.

3. the customer is obliged to pay the agreed monthly fee for membership and the one-off support package in accordance with the membership contract. The agreed prices include the respective statutory value added tax.

4 Payment of the fee is made exclusively by SEPA direct debit and is collected by the hotel on the 10th of each month. If the 10th falls on a public holiday or a weekend, the direct debit will be postponed to the next working day. The bank details and the account holder's consent to the direct debit procedure will be provided in writing together with the membership contract.

5 The first direct debit will be used to invoice the support package in accordance with the membership contract.

6. in the event of unpaid or returned direct debits due to insufficient funds or unjustified revocation, the hotel is entitled to charge the customer for the returned direct debit and to collect it with the next direct debit. In the case of returned direct debits, the hotel shall charge EUR 6.00 including the applicable statutory VAT as a return debit fee including postage plus the bank charges incurred.

7 Unless otherwise agreed, the contract term is twelve months.

8. membership can be terminated by either party with one month's notice to the end of the minimum contract term.

9. if the contract is not terminated, it will be extended by a further six months.

10. after expiry of the extension period, the notice period is one month to the end of the month.

11. any termination must be in writing. The right of extraordinary termination remains unaffected by this.

12. in the event of a doctor-certified illness lasting at least one month, membership may be temporarily suspended for the duration of the illness, provided that the illness excludes the use of the entire SPA, fitness and/or wellness area. If the illness lasts longer than four weeks, the customer is exempt from paying the membership fee. The suspension of membership ends once the prevention has ended. Subsequent certificates cannot be taken into account.

13 Membership may be transferred to another person for a processing fee of EUR 10.00 including VAT at the applicable rate, unless there is an important reason against a transfer. Such a reason may also arise due to the person to whom the membership is to be transferred. A transfer is only possible from the 1st of the month following the assertion of the transfer and must be made in writing.

IV. Services, prices, payment, offsetting

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

2. the customer is obliged to pay the applicable or agreed prices of the hotel for the room and/or apartment rental and the other services used by him. This also applies to services and expenses of the hotel to third parties arranged by the customer, unless a direct contract is concluded between the customer and the third party and the hotel only arranges the third-party service. The agreed prices include the respective statutory value added tax at the time the contract is concluded. If the statutory value-added tax increases or decreases during the term of the contract, the charge for the service used shall change accordingly.

3. the hotel reserves the right to make an annual price adjustment for long-term rentals. The declaration of adjustment shall always be based on the change in the published price index of the Federal Statistical Office and shall be made at reasonable discretion.

4. the hotel may make its consent to a subsequent reduction in the number of rooms/apartments booked, the hotel's services or the customer's length of stay requested by the customer dependent on the price for the rooms or apartments and/or for the hotel's other services being increased at its reasonable discretion.

5. invoices of the hotel without a due date are due and payable immediately without deduction. The hotel may at any time specify a different due date in favor of the customer.

6. the hotel is entitled to demand a reasonable advance payment or a security deposit in the form of a credit card guarantee, a deposit or similar from the customer upon conclusion of the contract. The amount of the advance payment and the payment dates may be agreed in writing in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions remain unaffected.

7. in justified cases, e.g. payment arrears of the customer or extension of the scope of the contract, the hotel is entitled, even after conclusion of the contract up to the beginning of the stay, to demand an advance payment or security deposit within the meaning of the above number. 6 or to demand an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.

8. the customer may only offset or exercise a right of retention against claims of the hotel with undisputed or legally established claims or with claims for damages for non-performance or reimbursement of expenses due to an initial or subsequent defect for which the hotel is responsible as a result of intent or gross negligence. The customer's right to separately assert the recovery of overpayments or other claims against the hotel arising from the hotel contract remains unaffected.

V. Withdrawal by the customer (e.g. cancellation) / non-utilization of the hotel's services

1. the customer's withdrawal from the contract concluded with the hotel requires the hotel's written consent. If this is not given, the agreed price from the contract must be paid even if the customer does not make use of contractual services. This shall not apply in cases in which the customer can no longer reasonably be expected to adhere to the contract or in which he is entitled to a statutory or contractual right of withdrawal.

2. if the hotel and the customer have agreed in writing on a date or deadline 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 hotel. The customer's right of rescission shall expire if he has not exercised his right of rescission in writing vis-à-vis the hotel by the agreed date or within the agreed period, unless a case of rescission by the customer pursuant to Clause IV. No. 1 sentence 3 exists.

3. in the case of rooms or apartments or services not used by the customer, the hotel shall offset the income from renting these rooms or apartments to other parties during the identical period as well as the expenses saved.

4. if the rooms or apartments are not rented to another party, the hotel may demand the contractually agreed remuneration and make a flat-rate deduction for expenses saved by the hotel. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for overnight accommodation without breakfast. The customer is at liberty to prove that the above-mentioned claim did not arise or did not arise in the amount demanded.

VI Cancellation by the hotel

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

2. if an agreed advance payment or security deposit or one demanded in accordance with Clause III No. 6 or 7 above is not made even after a reasonable grace period set by the hotel has expired, the hotel shall also be entitled to withdraw from the contract.

3. furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified, in particular important reasons, for example if
a) force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
b) rooms or apartments are culpably booked with misleading or false information regarding material contractual facts, e.g. the identity of the customer or the purpose of his/her stay;
c) the hotel has justified cause to believe that the use of the hotel's services may jeopardize the smooth operation, security or public reputation of the hotel, without this being attributable to the hotel's sphere of control or organization.
d) the purpose or reason for the stay is unlawful;
e) there is a violation of the above-mentioned Section I, No. 2.

4. in the event of justified withdrawal by the hotel, the customer shall have no claim to compensation.

VII Room and apartment provision, handover and return

1. the customer acquires no entitlement to the provision of specific rooms or apartments.

2. booked rooms and apartments are available to the customer from 15:00 on the agreed day of arrival. The customer is not entitled to earlier availability.

3. on the agreed day of departure, the rooms or apartments must be vacated and made available to the hotel by 12:00 noon at the latest. After this time, the hotel may charge 50% of the full accommodation price (list price) for the late vacating of the room or apartment until 6:00 p.m., and 100% from 6:00 p.m. onwards. This shall not give rise to any contractual claims on the part of the customer. The customer is at liberty to prove that the hotel has no or a significantly lower claim to a usage fee.

VIII. Subletting

1. the subletting or re-letting of rooms and/or apartments provided as well as their use for purposes other than accommodation require the prior written consent of the hotel, whereby § 540 para. 1 sentence 2 BGB is waived insofar as the customer is not a consumer.

2. upon conclusion of the accommodation contract with the hotel, the customer assigns any subletting proceeds to the hotel in advance on account of performance. The customer is obliged to provide the hotel with comprehensive information about any subletting proceeds and contractual partners.

IX. Use of WLAN

1. the hotel will arrange Internet access for the customer on request, generally for a fee. The current price scales according to the price list apply. The hotel is merely an access broker; there is no legal claim against the hotel for uninterrupted use and/or a certain speed of internet access. In this respect, the hotel assigns its respective performance claims against the service provider to the customer. The use of the WLAN takes place after handing over the access code; dial-in and activation by the service provider; in the case of minors, the release only takes place after a written declaration of consent by a parent or guardian.

2. the customer or user undertakes to comply with the applicable laws and common decency when using the Internet. He undertakes not to disseminate or retrieve any content that violates copyright or other legal provisions or is immoral, in particular
a) not to disseminate or retrieve any anti-constitutional, racist, violence-glorifying or pornographic content,
b) not to retrieve, reproduce, distribute or make available any copyrighted material,
c) not to install or use any file-sharing programs.
In the event of any breach of the above obligations by the customer or user, the hotel shall be entitled to block access immediately. The hotel reserves the right to claim damages. The hotel expressly draws the customer's or user's attention to the fact that the provision of copyright-protected works on the Internet constitutes a criminal offense; even accessing such works may constitute a criminal offense.

3. the customer or user further undertakes to keep passwords or access codes received for the purpose of WLAN access secret.

4. the hotel points out to the customer or user that they themselves are responsible for protecting their end device against malicious programs (viruses etc.) or intrusion attempts (hacking etc.) from the Internet and for backing up their data.

5. the hotel shall not be liable for any damages incurred by the customer or user through the use of internet access, with the exception of damages caused by the hotel intentionally or through gross negligence. This exclusion of liability does not apply to injury to life, limb or health.

6. the hotel points out that it may be obliged to temporarily or permanently block individual addresses and accesses due to unlawful use by the customer or third parties. Such blocks are expressly reserved and do not justify any claims for damages or warranty claims by the customer.

X. Registration GEMA

1. the hotel draws the customer's attention to the fact that if a band, disc jockey or similar provides musical accompaniment for an event, registration must be made with the Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte (GEMA). The obligation to register is expressly incumbent on the customer and may be delegated by the customer to the band, disc jockey, etc. The customer expressly releases the hotel from this obligation. The customer expressly releases the hotel from this registration obligation and from any liability in this connection, in particular for any costs incurred. The customer's attention is drawn to the possibility of obtaining information at http://www.gema.de.

XI. Corporate Identity

1. the full name of the hotel is "Falkenstein Grand" or "Villa Rothschild" or "Hotel Atlantic Hamburg". The organizer / customer is obliged to observe the correct naming of the venue.

2. the image, photo and film material as well as the logo of the hotel are protected by copyright. Any use (e.g. online for a blog) is only permitted with the written consent of the hotel.

XII. Liability of the hotel

1. the hotel shall be liable for its obligations under the contract with the diligence of a prudent businessman. Claims of the customer for damages are excluded. Excluded from this are damages resulting from injury to life, body 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 by the hotel. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. Should disruptions or defects occur in the hotel's services, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions. It is recommended that the hotel or room safe be used. If the customer wishes to bring in money, securities and valuables with a total value of more than EUR 800.00 or other items with a total value of more than EUR 3,500.00, a separate storage agreement must be made with the hotel.

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

3. wake-up calls are carried out by the hotel with the utmost care. Messages, mail and consignments of goods for guests are handled with care. The hotel will deliver, store and - on request - forward them for a fee. The above number 1 sentences 2 to 4 apply accordingly.

4. items left behind by the customer will only be forwarded at the request, risk and expense of the customer. The hotel will keep the items for three months, after which they will be handed over to the local lost and found office if they have a recognizable value. If the lost and found office is not prepared to accept the items, they will be kept for a further nine months and then either disposed of or, if disposal is not possible or not economically viable, destroyed. The hotel's liability is governed by point 1 above.

5. the liability of the hotel is limited to a sum insured under the public liability insurance in the amount of EUR 30,000,000.00.

XIII Duty of care / Liability of the customer for damages

1. the customer is liable for all damage to buildings or inventory caused by his employees, other third parties from his area or himself. In the event of damage caused by the customer, the hotel is entitled to charge for the replacement / restoration. The permissible floor load when setting up heavy equipment / objects must not be exceeded.

2. in the case of long-term rentals, the customer is obliged to take out household contents insurance with sufficient cover and to provide the hotel with suitable evidence of this in good time before the start of the rental, for example by presenting an insurance policy.

3. the customer is obliged to do what can reasonably be expected of him in order to remedy any malfunction or defect that occurs and to minimize any damage, in particular to report the malfunction or defect immediately after becoming aware of it.

XIV Limitation of claims against the hotel

1. unless otherwise stipulated above, all claims against the hotel are generally subject to a limitation period of one year. The commencement of the limitation period shall be governed by the statutory provisions. Claims for damages shall become time-barred five years after they arise, irrespective of knowledge, unless they are based on injury to life, limb, health or freedom. These claims for damages shall become statute-barred ten years after they arise, irrespective of knowledge. The shortening of the limitation period shall not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

XV Final provisions

1. amendments or additions to the contract, the acceptance of the application or these General Terms and Conditions for Hotel Accommodation should 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 check and bill of exchange disputes - is the registered office of the hotel in commercial transactions. If a contractual partner fulfills the requirements of § 38 para. 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.

4 German law shall apply exclusively. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws 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.

¹ Broermann Health & Heritage Hotels GmbH, Debusweg 6-18 , 61462 Königstein im Taunus, Germany
Local Court Königstein HRB 6878 , Managing Directors: Ivo Schramm, Dirk Schäfer, Authorized Signatory: Rahim Rahman
Tax number: 003 228 49753 , VAT ID: DE 253 228 541

² Atlantic Hotel Betriebsgesellschaft mbH , An der Alster 72-79 , 20099 Hamburg, Germany
Local court Königstein HRB 9109 , Managing directors: Dr. Jan Liersch, André Vedovelli, authorized signatory: Sophia Funk
Tax number: 03 228 49 745 VAT ID: DE 812 960 966