§ 1 Scope

1) These General Terms and Conditions (GTC) apply to all contracts concluded with GIDEON Hotel u. Appartements GmbH & Co. KG, are concluded. Conditions negotiated in individual cases and stipulated in writing shall take precedence.

§ 2 Conclusion of Contract, Contracting Parties, Liability; Statute of Limitations

1) The conclusion of the contract obligates the contracting parties to its fulfillment. If the orderer is not at the same time the organizer or user and if he orders for them or one of them, he shall be liable as principal if the third party for whom he has ordered does not confirm the order in writing. In the event of default and impossibility, the statutory provisions shall apply, unless otherwise stipulated in these GTC or in individual contracts.

2) The hotel is liable for its obligations under the contract. In the area not typical for the service, the liability is limited to intent and gross negligence of the hotel.

3) The limitation period for all claims of the customer is six months.

4) This limitation of liability and short period of limitation shall also apply in favor of the hotel in case of breach of obligations during the initiation of the contract and positive breach of contract.

§ 3 Prices, payment, set-off

1) The prices agreed upon for the services of GIDEON Hotel u. Appartements GmbH & Co. KG include the respective statutory value-added tax. If the value added tax included in the prices increases due to legal provisions, the hotel is entitled to adjust the agreed prices accordingly without separate prior consent of the customer.

2) GIDEON Hotel u. Appartements GmbH & Co. KG KG shall be entitled to increase the contractually agreed price in retrospect by a reasonable amount, but by no more than 10%, if more than one year has elapsed between the conclusion and fulfillment of the contract and the price generally charged by GIDEON Hotel u. Appartements GmbH & Co. KG has increased by at least the same amount.

3) The prices may be changed by GIDEON Hotel u. Appartements GmbH & Co. KG if the customer subsequently requests changes in the number of rooms booked, the hotel’s services or the guests’ length of stay and the hotel agrees.

4) GIDEON Hotel u. Appartements GmbH & Co. KG shall be entitled to demand an advance payment and a reasonable security deposit both upon conclusion of the contract and thereafter. At least 50% of the agreed service price shall be deemed reasonable.

5) If the Partner does not have a domicile or registered office in Germany, GIDEON Hotel u. Appartements GmbH & Co. KG may in any case demand at least a security deposit in the full amount of the price.

6) Claims of GIDEON Hotel u. Appartements GmbH & Co. KG KG shall be due for payment without deduction within eight days of receipt of the invoice, at the latest four weeks after performance of the service by GIDEON Hotel u. Appartements GmbH & Co. KG are due for payment without deduction.

7) Advance payments and securities shall be due at the latest six weeks prior to the agreed start of the provision of services by GIDEON Hotel u. Appartements GmbH & Co. KG shall be due. If the sum of not yet due claims for payment of GIDEON Hotel u. Appartements GmbH & Co. KG for services already rendered exceeds € 250.00 or if services are used for a period exceeding one week, GIDEON Hotel u. Appartements GmbH & Co. KG is entitled to make accrued amounts due by means of interim invoices. Each invoice issued by GIDEON Hotel u. Appartements GmbH & Co. KG is to be paid immediately upon presentation in cash and without deduction of any discount. In the event of default of payment with respect to even one invoice amount, the hotel shall be entitled to terminate all existing contracts and to discontinue all further and future services for the customer; this shall also apply to advance services provided by the hotel. The contract partner has no right of retention on due claims of the hotel. He may set off his own claims against claims of the hotel only to the extent that his claims are undisputed or have been legally established. The reference to an assumption of costs vis-à-vis GIDEON Hotel u. Appartements GmbH & Co. KG requires proof in written form.

§ 4 Withdrawal of the customer

1) Cancellation and changes of the original reservation of hotel rooms and overnight stays are possible free of charge for the guest or the orderer only under observance of certain deadlines. They can be taken from the respective reservation offer or the binding reservation confirmation. A withdrawal by the contract partner due to a culpable breach of duty by GIDEON Hotel u. Appartements GmbH & Co. KG, the statutory provisions shall apply. In case of early departure, 80% cancellation fee will be charged for the remaining stay.

2) If, after a contract has been concluded, one of the contracting parties wishes to dissolve the contract in whole or in part, this shall generally require the written consent of the other contracting party to the dissolution of the contract.

3) If GIDEON Hotel u. Appartements GmbH & Co. KG does not agree to a complete or partial cancellation of the contract requested by the other party, but the other party nevertheless declares that it does not wish to make use of the agreed service, GIDEON Hotel u. Appartements GmbH & Co. KG shall be entitled to demand the agreed remuneration.

4) GIDEON Hotel u. Appartements GmbH & Co. KG must, however, take into account what it saves as a result of the non-utilization of the service.

5) A flat rate of 20% of the agreed service price shall be deemed to be the amount of expenses saved, whereby both contracting parties shall be free to prove a substantially different amount.

6) Furthermore, GIDEON Hotel u. Appartements GmbH & Co. KG must take into account what it acquires as a result of using its performance elsewhere. GIDEON Hotel u. Appartements GmbH & Co. KG is obligated in this context to offer the service again in the usual manner within the scope of its entire range of services, but it may give priority to its other services.

§ 5 Withdrawal of the hotel

1) By agreeing on an option, the contracting party acquires the right for the agreed option period to book the optioned services with binding priority over third parties.

2) If the optional services are requested by a third party, GIDEON Hotel u. Appartements GmbH & Co. KG may request the contractual partner to place a binding order for the optional service.

3) The option right shall expire if the contracting party does not thereupon immediately declare that it bindingly orders the optioned services.

4) Furthermore, GIDEON Hotel u. Appartements GmbH & Co. KG shall be entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract, if rooms are booked under misleading or false statements of material facts, e.g. with regard to the purpose of use or the identity of the contract partner or guest, or if GIDEON Hotel u. Appartements GmbH & Co. KG has reasonable grounds to believe that the use of the hotel service may jeopardize the smooth operation of the business, the safety or the reputation of GIDEON Hotel u. Appartements GmbH & Co. KG’s reputation in the public.

§ 6 Room provision, handover, return

1) Rooms are provided exclusively for accommodation purposes and exclusively to the contracting party or the guest. Without the prior written permission of GIDEON Hotel u. Appartements GmbH & Co. KG, the contract partner and the guest are prohibited from transferring rooms to other persons or using them for purposes other than accommodation. The denial of permission does not entitle to termination.

2) In case of arrival after 22.00 o’clock, the guest is obliged to report to the hotel in time to be able to provide him with the code for the night safe. If no feedback is received from the guest by 10:00 p.m., the claim for provision of the room expires. This regulation applies in particular to bookings via hotel portals, as the hotel is not provided with any contact details of the guest. The costs for keeping the room ready will be charged to the contract partner at 100%.

3) The Contractual Partner or the Guest shall not acquire any right to the provision of certain rooms and no right of co-determination with regard to the occupancy of the other hotel rooms and premises.

4) Reserved rooms are made available from 15.00 on the agreed day of arrival. The contracting party or the guest have no right to earlier provision, unless the rooms are reserved including the previous day.

5) On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. Thereafter, the hotel may charge 50% of the full accommodation price (list price) for the additional use of the room until 6:00 p.m., and 100% after 6:00 p.m., in addition to the damage incurred by the hotel.

§ 7 Liability of the hotel

1) Objects and materials left in rooms accessible to contractual partners and in event rooms of the hotel shall be deemed not to have been brought in if they have not been expressly taken into custody by a person authorized to do so.

2) Valuables such as jewelry, fur coats and money must be kept at the front desk. Liability for the loss of valuables such as jewelry, fur coats and money is assumed by the hotel only in cases where a separate safekeeping contract has been concluded for this purpose and only in accordance with such a contract.

3) The extent of the hotel’s liability for objects brought into the hotel is in any case limited to a maximum of Euro 1,500.00, except in cases of intent and gross negligence. The hotel assumes no liability for valuables not deposited.

4) Wake-up orders are carried out by the hotel with the utmost care. Claims for damages, except for gross negligence or intent, are excluded.

5) Messages, mail and merchandise shipments for guests are handled with care. The hotel will take care of the delivery, storage and, upon request, forwarding of the same for a fee. Claims for damages, except for gross negligence or intent, are excluded.

§ 8 Final provisions

1) Changes or amendments to the contract, the acceptance of the application or these Terms and Conditions for Hotel Accommodation must be made in writing. Unilateral changes or additions by the customer are invalid.

2) The place of performance and payment is the registered office of GIDEON Hotel u. Appartements GmbH & Co. KG.

3) The exclusive place of jurisdiction for commercial transactions, esp. also in the event of disputes regarding bills of exchange or checks, the registered office of GIDEON Hotel u. Appartements GmbH & Co. KG. Otherwise, within the limits of § 40 ZPO (German Code of Civil Procedure), the registered office of Hotel GIDEON Hotel u. Appartements GmbH & Co. KG shall be the exclusive place of jurisdiction if the contracting party does not have a general place of jurisdiction in Germany or relocates its domicile or habitual residence abroad after conclusion of the contract or its domicile is unknown at the time the action is filed.

4) The law of the Federal Republic of Germany shall apply.

5) Should individual provisions of these GTC be invalid or void or become so at a later date, this shall not affect the validity of the remaining provisions.

Information on data protection: We would like to point out that GIDEON Hotel u. Appartements GmbH & Co. KG stores the data accruing in the course of business. This data is collected, processed and used for the execution of the contractual relationship. Furthermore, we use your name, address and possibly your e-mail address to send you interesting information about our range of services. Of course, we will refrain from doing so if you object to this use of your data. The strict confidentiality of all personal data has the highest priority for GIDEON Hotel u. Appartements GmbH & Co. KG has the highest priority.