General Terms and Conditions

for the Hotel Accommodation Agreement

of

Hotel Das Ludwig Betriebsgesellschaft Bad Griesbach GmbH
Kurallee 1
94086 Bad Griesbach
Registered in the Commercial Register of the Local Court (Amtsgericht) Munich under HRB 297424

(hereinafter referred to as the “Hotel”)

1 Scope of Application

These General Terms and Conditions apply to contracts for the rental of hotel rooms for accommodation purposes and to all additional services provided by the Hotel in this context. Any deviating terms and conditions of the Guest shall only apply if expressly agreed to in writing by the Hotel.

2 Conclusion of Contract

The accommodation agreement is concluded upon acceptance of the Guest’s booking request by the Hotel. In the case of online bookings, the contract is concluded upon confirmation of the booking by the Hotel. The contractual parties are the Hotel and the Guest. If a third party makes a booking on behalf of the Guest, such third party shall be jointly and severally liable together with the Guest vis-à-vis the Hotel.

3 Services, Prices and Payment

The Hotel is obligated to provide the rooms booked by the Guest and to render the agreed services. The Guest is obligated to pay the agreed prices for the room rental and for any additional services used.

All prices include the applicable statutory value-added tax. Unless otherwise agreed, the invoice amount shall be due in full without deduction no later than upon departure.

The Hotel is entitled to request a reasonable advance payment or security deposit upon conclusion of the contract.

4 Cancellation Policy

4.1 Package Arrangements / Special Offers

For bookings of packages or special arrangement offers, the following cancellation conditions apply:

• Free cancellation up to 14 calendar days prior to arrival

• From 13 calendar days prior to arrival: 80% of the agreed total price

• In case of no-show or early departure: 100% of the agreed total price

The flat-rate cancellation fees take into account saved expenses. The Hotel shall also credit any income generated from re-letting the room. The Guest shall always be entitled to prove that no damage or substantially lower damage has been incurred.

4.2 Flexible Rate

For bookings under a flexible rate:

• Free cancellation up to 7 calendar days prior to arrival

• From 6 days prior to arrival: 80% of the agreed total price

The flat-rate cancellation fees take into account saved expenses. The Hotel shall also credit any income generated from re-letting the room. The Guest shall always be entitled to prove that no damage or substantially lower damage has been incurred.

4.3 Non-Refundable Rate

For bookings under a non-refundable rate, the agreed total price is due immediately.

In the event of cancellation, no-show, or early departure, 100% of the agreed total price shall be charged.

The flat-rate cancellation fees take into account saved expenses. The Hotel shall also credit any income generated from re-letting the room. The Guest shall always be entitled to prove that no damage or substantially lower damage has been incurred.

5 Withdrawal by the Hotel

If a free cancellation period has been agreed, the Hotel is likewise entitled to withdraw from the contract within this period if inquiries from other guests for the booked rooms exist and the Guest, upon request, does not waive the right to cancel.

If an agreed advance payment is not made in due time, the Hotel shall also be entitled to withdraw from the contract.

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

• force majeure* or other circumstances beyond the Hotel’s control render performance of the contract impossible,

• rooms are booked under misleading or false statements of material facts,

• the operation, safety, or reputation of the Hotel is jeopardized.

Claims for damages by the Guest are excluded in these cases unless the Hotel has acted with intent or gross negligence.

*Force majeure refers to events beyond the control of the parties which, even with the utmost reasonable care, could not have been foreseen or prevented (e.g., natural disasters, war/terrorism, large-scale governmental orders, pandemics, strikes, official accommodation or operational bans).

The parties shall be released from their performance obligations only if the stay becomes objectively impossible or unreasonable because the Hotel is not permitted or able to perform its services due to force majeure.

Events solely within the Guest’s sphere (e.g., illness, individual quarantine order, inability to travel, problems with arrival or departure without an official accommodation ban) shall not constitute force majeure within the meaning of this provision; in such cases, the cancellation policy pursuant to Section 4 shall apply.

Services already rendered shall be remunerated. Payments made in advance for services not rendered shall be refunded without undue delay unless statutory claims of the Hotel exist.

Claims for damages due to force majeure are excluded. Mandatory statutory liability provisions, particularly in cases of intent or gross negligence, remain unaffected.

6 Provision, Handover and Return of Rooms

The Guest shall not acquire a right to the provision of specific rooms unless expressly agreed in writing.

Booked rooms shall be available to the Guest from 3:00 p.m. on the day of arrival.

On the day of departure, rooms must be vacated no later than 12:00 noon.

In the event of delayed vacating, the Hotel may charge 50% of the daily room rate for use until 6:00 p.m., and 100% thereafter.

7 Liability of the Hotel

The Hotel shall be liable without limitation in cases of intent or gross negligence and for damages resulting from injury to life, body, or health.

In cases of slight negligence, the Hotel shall only be liable for breaches of essential contractual obligations (cardinal obligations), limited to the typical and foreseeable damage.

The Hotel’s liability for property brought into the Hotel shall be governed by the statutory provisions (§§ 701 et seq. German Civil Code – BGB).

8 Liability of the Guest

The Guest shall be liable for all damage caused by the Guest, accompanying persons, visitors, or other third parties attributable to the Guest.

9 Force Majeure

If the stay cannot be carried out due to force majeure, both parties shall be released from their performance obligations.

Payments already received by the Hotel for services not rendered shall be refunded without undue delay unless statutory claims of the Hotel exist.

Claims for damages due to force majeure are excluded. Mandatory statutory liability provisions, particularly in cases of intent or gross negligence, remain unaffected.

10 Final Provisions

German law shall apply.

To the extent that the Guest is not a consumer, the place of jurisdiction shall be the registered seat of the Hotel, Passau.

Should individual provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.