AGB

General Terms and Conditions

The terms set out below are a non-binding summary of the “AGB” (General Terms and Conditions) in German language which apply for „cityherberge“, Lingner Allee 3 in D-01069 Dresden, a hotel operated by Lingner Stadt Immobilienmanagement GmbH, Grunaer Str. 2, D-01069 Dresden, Germany (herinafter referred to as „Hotel“).
The following terms apply to the letting of hotel rooms, conference rooms and other premises of the hotel, the rendering of services and the supply of food and beverages.

1. Contract and contracting parties

Upon request for a reservation by an ordering party, be it an individual guest, a tour operator, an agent or any other organization or entity a contract is brought about by the Hotel‘s corresponding oral or written confirmation of the reservation. Contractual partners are the Hotel and the ordering party (hereinafter referred to as “Customer”). If a third party has made the reservation on behalf of the Customer, this party shall be liable vis-à-vis the Hotel jointly and severally with the Customer for all obligations resulting from the contract.

Sub- and re-leasing of rooms as well as their usage for purposes other than accommodation require the prior written consent of the Hotel.

Bookings can only be done by contractually capable people.
Contracts with underage persons not accompanied by adults are, however, deemed to be authorized by their parents and/or legal custodian and therefore concluded and binding if one or all of the following conditions apply:
a. The underage persons pays in advance for accommodation and/or services to be rendered
b. The underage person uses funds received from his/her parents or legal custodian for the purpose of paying for accommodation and/or services, or for free disposal
c. the underage person is an apprentice or trainee presenting adequate documents from a company, school or similar entity proofing that status.

2. Prices and terms of payment

The Customer is obliged to pay the prices applying to or agreed on for the provision of accommodation and additional services the Customer has made use of, respectively booked. This also applies to services and expenses of the Hotel vis-à-vis third parties incurred for performances rendered upon the Customer’s request.

The prices agreed include the applicable statutory Value Added Tax.

In case the period between the conclusion and performance of the contract exceeds four months, and if the prices usually charged by the Hotel for such services have increased in the meantime, the Hotel may increase the contractually agreed price accordingly, but, by no more than 5 per cent maximum.
The prices may be changed by the Hotel if the Customer subsequently wants to change the number of the booked rooms, the service of the Hotel or the duration of the Customer’s stay and the Hotel gives its consent thereto.
The Hotel is entitled to request, on the conclusion of the contract or later, payment in advance or a reasonable down payment. The amount of the advance payment or down payment and its due date may be agreed upon in the contract, in writing.
In reasonable cases, e.g. if the Customer is in arrears with payments to the Hotel, the Hotel is entitled to request an advance payment or down payment respectively, the increase of the contractual down payment or payment in full, also after the conclusion of the contract.

The total amount due less down payments, if any, as detailed in an itemized bill, is payable upon arrival unless otherwise agreed.
The Hotel may in its sole discretion call and declare as due claims accruing during the Customer’s stay by issuing an interim invoice and requesting immediate payment.

Invoices issued by the Hotel shall become payable within 10 days after receipt without deduction. The Customer shall be in default at the latest upon failure to pay within 14 days after the date of the invoice. In the case of default of payment, the Hotel is entitled to charge interest at a rate of 5 per cent above the base rate. The Hotel reserves the right to prove a higher damage. For each dunning letter sent after default occurs, the Hotel may charge a reminder fee of 5.00 EUR.

3. Withdrawal from contract and cancellations

The Hotel grants to the Customer the right to revoke the contract at any time. In this respect, the following provisions shall apply:

a. Individual bookings and bookings for groups of less than 12 persons can be cancelled free of charge until 6 p.m. on the day of arrival, unless otherwise agreed. In case of a short termed cancellation after 6 p.m. on the day of arrival or in case of a no show the Hotel is entitled to a compensation equivalent to 90 per cent of the contractually agreed price for the first night of accommodation.

b. Bookings for groups of 12 persons or more can be cancelled free of charge up to 40 days before the expected day of arrival. Cancellations made 39 to 21 days before the expected arrival date are free of charge provided that the total number persons for whom accommodation is cancelled does not exceed 50% of the persons of the group.
For cancellations made 20 to 1 day prior to the expected arrival date 70 per cent of the agreed-upon total price will be due. In case of a no show 90 per cent of the agreed-upon total price will be due.

c. Booked meals can be cancelled free of charge until 7 days prior to the expected arrival date. Thereafter, a cancellation fee of 50 per cent of the agreed-upon price applies per person for whom the meal was cancelled.

The above provisions concerning compensation payments for cancellations shall apply if no other regulations have been agreed upon in the contract (e.g. for bookings during special dates).

Any withdrawal from a contract by the Customer has to be submitted in writing.
Such cancellation is however not deemed valid until the Hotel has confirmed the revocation to the Customer in writing. Failing that, the original price stipulated in the Contract is be paid in full even if the Customer fails to use the Hotel’s services as stipulated in the contract.

The Hotel is entitled to revoke the contract at any time for good cause, in particular if one of the following conditions should apply, in which case the Customer is not entitled to compensation for damage:
o The customer has failed to make an advance or down payment according to the terms of the respective contract
o force majeure or other circumstances which do not fall under the scope of responsibility of the Hotel make it impossible for the Hotel to fulfill the contract;
o misleading or incorrect statements of material facts have been used in booking rooms, for example, with respect to the purpose of the booking or the identity of the Customer;
o the Hotel has justified reason to assume that in case the Customer makes use of the Hotel’s services and/or premises the smooth business operations, safety, or reputation of the Hotel in the public may be adversely affected, without such matters being attributable to the Hotel’s power of control or organization;

The Hotel is obliged to inform the Customer of the exercising of its revocation right in writing without undue delay.

4. Provision, hand over and return of rooms
The Customer is not entitled to the provision of certain specific rooms unless the Hotel has confirmed the provision of such specific rooms in writing. The Hotel is by virtue of important reasons fully entitled to accommodate the Customer in another hotel with comparable standards and services for the price agreed without further recourse.
Animals intended to be accommodated have to be announced to the Hotel prior to arrival.

Booked rooms shall be available at the Customer’s disposal from 3.00 p.m. on the agreed date of arrival. The Customer shall not be entitled to an earlier access to the room. Booked rooms shall be taken by the Customer on the agreed date of arrival by 6.00 p.m. at the latest unless a later time of arrival has been agreed beforehand.
If the Customer should not take the room by 6:00 p. m. and later arrival has not been agreed beforehand, the Hotel may at its sole discretion provide the room to other Customers with no obligation for compensation to the Customer who did not take the room by 6:00 p. m..

On the agreed date of departure, the rooms shall be vacated and at the Hotel’s free disposal by 10.00 a. m. at the latest. Thereafter the Hotel may charge the Customer
50 per cent of the full applicable daily room rate if the room has been vacated by no later than 1:00 p. m. and 100% if the room has not been vacated until 6:00 p. m..

5. Assumption of liabilities

The Customer is liable for all damages and losses caused by misuse, carelessness or negligence. In case of a group, if an individual should not come forward or be identified, the group as a whole will be held liable for losses and damages incurred by
an un-identifiable member of the group.

The Hotel shall be responsible for its obligations arising from the contract, exercising the care expected of a reasonable business. Any Customer claims for
compensation will not be countenanced. Exclusions to this apply to compensation
arising from death, bodily injury or damage to health, if the Hotel has to answer for
dereliction of duty, or other damages that involve a premeditation or negligent
breach of duty on the part of the Hotel, or involve any premeditated or negligent
breach of its contractual duties. A breach of duty by a legal representative or agent is equivalent to that of the Hotel itself.

Should there be any faults or shortcomings in the services provided by the Hotel, the Hotel will make every effort to correct this if the Customer has brought these to its attention or made his objections promptly known. The Customer is obliged to make reasonable effort to rectify any fault or minimize any possible loss or damage, and to bring any faults or damage immediately to the Hotel’s attention. The Customer is also obliged to advise of the likelihood of any possible serious loss or damage in good time.

The Hotel shall be responsible for items brought into the Hotel in accordance with
the provisions of the law (Civil Code). Money, stocks and shares and valuables up to a total value of € 5.000 may be kept in the Hotel safe. The Hotel strongly recommends that customers avail themselves of this service. Any claims to liability shall be null and void if the customer does not report to the Hotel any loss, destruction or damage immediately after he has become aware of it.

Though the customer may be offered a parking space in the Hotel car park, this shall not form a contract for its safekeeping, even if a parking fee is paid. The Hotel shall not assume liability for loss or damage to any vehicle parked on the Hotel’s property, or its contents, except in the event of wantonness or gross negligence. This also applies to the Hotel’s agents.

Instructions for wake-up calls shall be carried out carefully.

Messages, post and the sending of trade samples for the customers shall also be treated with great care. The Hotel will undertake to deliver or keep such items (at the Hotel), or to send them on if desired, for a fee.

6. Special terms applicable to events

The Customer is responsible for obtaining any permissions which may be required by authorities for running such event at his own cost.
If the Hotel is to provide technical or other devices/equipment of third parties
for the Customer at his instigation, it is acting in the name, on the authority and for the
account of the Customer. The Customer is responsible for handling equipment carefully and returning it safely. The Customer shall comprehensively exempt the Hotel from any claims made by third parties arising from allowing them to use these devices/this equipment.

Any display material brought into the Hotel must fully comply with fire regulations. Displays and similar material must not be exhibited outside the room(s) where the event is to be held unless the Hotel has given its prior written consent to such exhibiting. Displays, exhibits or other items that are brought in must be immediately removed after the event. Should the Customer fail to do this, the Hotel may charge the customer for removing and storing them.
The Customer may not bring food and drink into events. Exceptions require
the Hotel’s prior written agreement. In such cases, an appropriate contribution to cover general costs will be charged.
The Customer shall be liable for any damage to the building or the Hotel that may be caused by event participants or visitors, by personnel, by other third parties associated with him or by himself.

7. Final Provisions

Any amendments or additions to this contract, the acceptance proposal or these Terms
and Conditions for Hotel accommodation must be made in writing. Any unilateral alterations or additions by the customer shall be void.

The contract shall be executed and payment shall be made at the company office of the
Hotel.

The sole court of jurisdiction for commercial transactions, including cheque and
currency disputes, shall be Dresden.

Provided that a contracting party fulfills the requirements of Article 38 paragraph 2 of the Code of Civil Procedure and has no general place of jurisdiction within Germany, the Hotel’s registered office shall act as the place of legal jurisdiction.

German law alone shall apply to this contract.

Should individual provisions of these General Terms and Conditions prove inoperable or be or become null and void, the effectiveness of the other provisions shall remain unaffected. Otherwise, the statutory provisions shall apply.

July 2010