Bikini Island & Mountain Hotels General Terms and Conditions for Hotel Accommodation and Events (as of March 2018).

I. Scope of Application

1. These terms and conditions apply to all contracts concerning
   a) The rental provision of hotel rooms for lodging purposes as well as all other services and deliveries provided to the customer in this context (hereinafter Hotel Accommodation Contract) by the respective Bikini Island & Mountain Hotel (hereinafter Hotel). The term hotel accommodation contract includes and replaces the following terms: Accommodation contract, guest reception contract, hotel contract, hotel room contract;
   b) The rental of conference, banquet and function rooms of the hotel for the purpose of holding events such as banquets, seminars, conferences, exhibitions and presentations, etc., as well as for all other services and supplies provided by the hotel to the customer in this connection.
2. Subletting or reletting of the rooms, premises, areas or showcases provided as well as public invitations and the holding of sales or similar events require the prior written consent of the hotel, whereby Section 540 (1) sentence 2 of the German Civil Code (BGB) is waived insofar as the customer is not a consumer.
3. This terms and conditions shall apply exclusively. Conflicting terms and conditions or terms and conditions that deviate from these terms and conditions shall not be recognized unless they have been expressly agreed in writing in advance. Special contractual agreements between the hotel and the customer shall take precedence.

II. Conclusion of contract, -partners

1. The contract is concluded by the hotel's acceptance of the customer's application. The hotel is free to confirm the booking of the room or event in text form or by e-mail.
2. The contracting parties are the hotel and the customer who makes use of the hotel's service. If a third party has ordered on behalf of the customer, he shall be liable to the hotel together with the customer as joint and several debtors for all obligations arising from the corresponding contract.
3. The customer acknowledges that the booking relates exclusively to the Bikini Island & Mountain Hotel explicitly selected and confirmed in the booking confirmation. The customer is responsible for verifying that the correct hotel has been selected at the time of booking. A transfer of the booking, accommodation claim or contractual services to another hotel of the Bikini Island & Mountain Hotel group is excluded unless expressly agreed by the hotel in writing.

III. Services, Prices, Payment

1. The hotel is obligated to keep the rooms booked by the customer available, to provide the services ordered by the customer and promised by the hotel, and to provide the services agreed upon with the customer. Unless otherwise agreed, there is no entitlement to the provision of a specific room or - in the case of events - a room allocated in advance for organizational reasons.
2. The customer is obligated to pay the prices of the hotel applicable or agreed upon for the provision of the room and for the other services used by the customer. This also applies to services ordered by the customer directly or through the hotel, which are provided by third parties and paid for by the hotel. In particular, this also applies to claims of copyright exploitation companies.
3. The agreed prices include the taxes and local charges applicable at the time of the conclusion of the contract. Not included are local taxes, which are owed by the customer according to local law, e.g. visitor's tax. In the event of a change in the statutory value added tax or the introduction, amendment or abolition of local levies on the subject matter of the service after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this shall only apply if the period between the conclusion and fulfillment of the contract exceeds four months. 4.
4. The hotel is entitled to demand an appropriate advance payment or security deposit from the customer upon conclusion of the contract, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed in text form in the contract. In the case of stays of more than one week or claims of more than EUR 1,000.00 for services already rendered, the hotel may also issue interim invoices that are due for payment immediately.
5. In justified cases, for example if the customer is in arrears with payment or if the scope of the contract is extended, the hotel is entitled to demand an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration, even after conclusion of the contract until the start of the stay and/or until the start of the event within the meaning of Item III. 4. above.
6. Furthermore, the hotel is entitled to demand an appropriate advance payment or security deposit from the customer at the beginning of and during the stay within the meaning of Item II. 4. above for existing and future claims arising from the contract, insofar as such a deposit or security deposit has not already been provided by the customer pursuant to Item III. 4. above and/or Item III. 5 below.
7. The hotel may make its consent to a subsequent reduction requested by the customer in the number of rooms booked, the hotel's services or the customer's length of stay conditional upon an increase in the price for the rooms and/or other services to be provided by the hotel.
8. In the case of hotel accommodation contracts, the total invoice amount payable by the customer shall be due for payment and settled no later than upon the customer's departure. Deposits demanded by the hotel are to be paid by the date specified by the hotel. 9.
9. In all other respects, invoices of the hotel without a due date are payable without deduction within ten days of receipt of the invoice. The hotel may demand immediate payment of due receivables from the customer at any time.
10. In the event of default in payment by the customer, the hotel shall be entitled to charge the statutory interest on arrears currently in effect at 8% or, in the case of legal transactions involving a consumer, at 5% above the base interest rate. The hotel reserves the right to prove higher damages. In addition, the hotel is entitled to discontinue all further and future services for the customer if the hotel has previously sent the customer a reminder setting a deadline and has threatened the discontinuation of future services in the event that payment is not made on time.
11. Acceptance and selection of credit cards are at the discretion of the hotel in each individual case of presentation of a credit card, even if the basic acceptance of credit cards is indicated by notices in the hotel. The acceptance of checks, credit cards and other means of payment shall otherwise only be on account of performance.

IV. Right of set-off

The customer may only offset an undisputed or legally binding claim against a claim of the hotel.

V. Withdrawal of the Hotel

1. If, in an individual case, the customer's right to withdraw from the contract free of charge within a certain period of time was agreed upon in writing at the time the contract was concluded, the hotel shall be entitled for its part to withdraw from the contract within this period of time if there are inquiries from other customers regarding the contractually reserved rooms or the contractually reserved event rooms and the customer does not waive his right to withdraw upon inquiry by the hotel.
2. If an advance payment or security deposit agreed or requested in accordance with Section III. above is not made even after expiration of a reasonable grace period set by the hotel, the hotel shall also be entitled to withdraw from the contract.
3. Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons. An objectively justified reason shall be deemed to exist if

• force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
• rooms are booked under misleading or stating materially false facts, e.g. in the person of the customer or the purpose;
• events or rooms are culpably booked under misleading or false statements or concealment of material facts; material facts may be the identity of the customer, the ability to pay or the purpose of the stay;
• the hotel has reasonable grounds to believe that the use of the hotel service may jeopardize the smooth operation of the business, the security or the reputation of the hotel in public, without this being attributable to the hotel's sphere of control or organization;
• the purpose or the reason for the stay and/or the event is unlawful;
• the customer leaves the room to a third party for use without the hotel's consent.

4. The justified withdrawal of the hotel does not justify any claim of the customer for damages.

VI. Withdrawal of the customer from the hotel accommodation contract

1. The customer may only withdraw from the hotel accommodation contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, if another statutory right of withdrawal exists, or if the hotel expressly consents to the cancellation of the contract. The agreement of a right of withdrawal as well as the possible consent to a cancellation of the contract shall be made in text form in each case.
2. If the hotel and the customer have agreed on a date for the cost-free withdrawal from the contract, the customer may withdraw from the contract until then without triggering payment or damage claims by the hotel. The customer's right to withdraw from the contract expires if he does not exercise his right to withdraw from the contract with the hotel by the agreed date.
3. If a right of withdrawal has not been agreed or has already expired, if there is also no statutory right of withdrawal or right of termination and if the hotel does not agree to a cancellation of the contract, the hotel shall retain the claim to the agreed remuneration despite the non-utilization of the service. The hotel shall credit the income from renting the rooms to other parties as well as the saved expenses. If the rooms are not rented to other parties, the hotel may make a lump-sum deduction for saved expenses. In this case, the customer is obligated to pay at least 90% of the contractually agreed price for overnight stays with or without breakfast as well as for package arrangements with third-party services, 70% for half-board and 60% for full-board arrangements. The customer is free to prove that the aforementioned claim did not arise or did not arise in the amount demanded.

VII. Withdrawal of the customer from events, etc.

1. The customer may only withdraw from the event contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, if another statutory right of withdrawal exists, or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as the possible consent to a cancellation of the contract shall be made in text form in each case.
2. If the hotel and the customer have agreed on a date for the cost-free withdrawal from the contract, the customer may withdraw from the contract until then without triggering payment or damage claims by the hotel. The customer's right of withdrawal expires if he does not exercise his right of withdrawal towards the hotel by the agreed date. 3.
3. If a right of withdrawal has not been agreed or has already expired, if there is also no statutory right of withdrawal or right of termination and if the hotel does not agree to a cancellation of the contract, the hotel shall retain the claim to the agreed remuneration despite the non-utilization of the service. The hotel shall credit the income from other use of the rooms as well as the saved expenses. The respective saved expenses can be lumped as follows:
4. The obligation to pay compensation shall not apply in the event of cancellation up to 84 days before the agreed date of the event. In the event of cancellation - up to 42 days prior to the start of the event 50% - up to 14 days prior to the start of the event 75% - from 13 days prior to the start of the event 90% of the agreed price or the price for the agreed event as shown in the hotel's price list. If the customer has only rented premises (without food and beverages), the compensation shall amount to 90 % of the agreed price, irrespective of the date of termination. The customer is free to prove that the claim did not arise or did not arise in the amount claimed. The hotel is free to prove that a higher damage has occurred.

VIII. Room handover and return

1. The customer shall not be entitled to the provision of specific rooms unless this has been expressly agreed.
2. Booked rooms are available to the customer from 3.00 p.m. on the agreed day of arrival. The customer has no right to an earlier provision without a separate agreement.
3. Unless a later arrival time has been agreed in advance or the room has already been paid for in full in advance or the hotel has been provided by the customer with a credit card number that allows the room price to be debited even if the customer does not show up, the hotel has the right to assign the booked room to someone else after 4 pm. In this case, the customer has no claims against the hotel.
4. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11 a.m. at the latest. After this time, the hotel may charge 50% of the full accommodation price (list price) for the following night due to the delayed vacating of the room until 6 p.m. and 100% after 6 p.m. for its use in excess of the contract. Contractual claims of the customer are not justified by this. The customer is at liberty to prove that the hotel has incurred no or significantly lower damages. Further possible claims for damages by the hotel remain unaffected. 5.
5. The hotel is entitled to refuse a customer access to the hotel and accommodation if, upon the customer's arrival, there is reasonable concern that the customer is under the influence of drugs or alcohol or behaves in an abusive manner towards the hotel staff or other customers. The hotel is entitled to expel a customer from the hotel and terminate the existing contract with him without notice if he repeatedly disturbs the peace Page 4 of 5 or harasses or insults other customers or hotel staff.

IX. Changes to the event time, additional services

1. If the agreed start or end times of the event are postponed and the hotel agrees to these deviations, the hotel may charge an appropriate fee for the additional services provided, unless the hotel is at fault for the postponement.
2. If the customer wishes to change the agreed type of seating on the day of the event, the hotel reserves the right to charge a flat rate of EUR 75 for the change.
3. In the case of booked events for which the hotel provides services or must provide services for a certain agreed number of persons, the actual number of persons may not be more than 20% below the number stated in the event contract, regardless of the date of the reduction.
4. The customer is obliged to inform the hotel of the final number of persons at the latest 5 working days before the start of the event.
5. In case of increases in the number of persons, the billing shall be based on the actual number of persons. Reductions in the actual number of persons compared to the number reported as final shall not be taken into account and shall not form the basis of the settlement. 6.
6. If the actual number of participants is lower, the hotel is entitled to charge the customer for the difference between the actual number of participants and the maximum permitted reduction.
7. Costs incurred in addition to the contractually agreed services, such as telephone, drinks of the (mini) bar as well as additionally ordered food and drinks are to be paid by each event participant. The customer is liable for this together with the event participant as joint and several debtors.

X. Bringing food and beverages to events

The customer may not bring food and beverages to events. Exceptions require an agreement with the hotel. In such cases, a contribution to cover overhead costs will be charged.

XI. Technical equipment and connections

1. Insofar as the hotel procures technical and other equipment from third parties for the customer at the customer's instigation, it shall act in the name of, on behalf of and for the account of the customer. The customer shall be liable for careful handling and proper return. He shall indemnify the hotel against all claims of third parties arising from the provision of these facilities.
2. The use of the customer's own electrical equipment using the hotel's power supply system requires the hotel's consent. Any malfunctions or damage to the hotel's technical equipment resulting from the use of such equipment shall be borne by the customer, unless the hotel is responsible for such malfunctions or damage. The hotel may record and charge for the electricity costs incurred by such use on a flat-rate basis.
3. The customer is entitled, with the hotel's consent, to use his own telephone, fax and data transmission equipment. The hotel may charge a connection fee for this.
4. If suitable hotel equipment remains unused due to the connection of the customer's own equipment, an outage fee may be charged.
5. Faults in technical or other equipment provided by the hotel shall be remedied immediately if possible. Payments may not be withheld or reduced insofar as the hotel is not responsible for such disruptions.

XII. Loss of or damage to items brought along

1. Exhibits or other items, including personal items, brought to the event are located in the event rooms or in the hotel at the customer's risk. The hotel assumes no liability for loss, destruction or damage, including financial loss, except in cases of gross negligence or intent on the part of the hotel. This does not apply to damages resulting from injury to life, body or health. In addition, all cases in which, due to the circumstances of the individual case, the custody represents a duty typical for the contract, are excluded from this exemption from liability.
2. Decoration material brought along has to comply with the fire protection requirements. The hotel is entitled to demand official proof of this. If such proof is not provided, the hotel is entitled to remove any material already brought in at the customer's expense. Due to possible damage, the installation and attachment of objects must be coordinated with the hotel in advance
3. Exhibits or other objects brought into the hotel must be removed immediately after the end of the event. If the customer fails to do so, the hotel may remove and store them at the customer's expense. If the items remain in the event room, the hotel may charge an appropriate compensation for use for the duration of the withholding of the room.

XIII. Liability of the customer at events

1. If the customer is an entrepreneur, he shall be liable for all damage to the building or inventory caused by event participants or visitors, employees, other third parties from his area or himself.
2. The customer shall indemnify the hotel against all claims of third parties based on the conduct of the customer, its employees, event participants and its vicarious agents.

XIV. Liability of the Hotel

1. Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the hotel, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract. In the event of a breach of material contractual obligations, the hotel shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the customer's claims for damages are based on injury to life, body or health. The above restrictions shall also apply in favor of the hotel's legal representatives and vicarious agents if claims are asserted directly against them.
2. The hotel shall be liable to the customer for items brought into the hotel in accordance with the statutory provisions. The hotel recommends the use of the hotel or room safe. If the guest wishes to bring in money, securities and valuables with a value of more than EUR 800.00 or other items with a value of more than EUR 3,500.00, this requires a separate storage agreement with the hotel.
3. Insofar as a parking space is made available to the customer in the hotel garage or in the hotel parking lot, even for a fee, this shall not constitute a safekeeping agreement. In the event of loss of or damage to motor vehicles parked or maneuvered on hotel property and their contents, the hotel shall be liable only in accordance with the foregoing Section XIV. 1, sentences 1 through 4.
4. Wake-up calls shall be executed by the hotel with the utmost care. Messages, mail and consignments of goods for the customer will be handled with care. The hotel shall undertake delivery, storage and - upon request - forwarding of the same against payment. The hotel shall only be liable in this respect in accordance with the above Section XIV. 1, sentences 1 to 4.

XV. Right of Refusal/Referral

The hotel is entitled to refuse a customer access to the hotel and accommodation if, upon the customer's arrival, there is reasonable concern that the customer is under the influence of drugs or alcohol or behaves in an abusive manner towards hotel staff or other customers. The hotel is entitled to expel a customer from the hotel and to terminate the existing contract with him without notice if he repeatedly disturbs the peace, harasses or insults other customers or hotel staff.

XVI. Final provisions

1. Changes and additions to the contract, the acceptance of the application or these general terms and conditions should be made in text form. Unilateral changes or additions by the customer are invalid.
2. In commercial transactions, the place of performance and payment shall be the registered office of the respective hotel.
3. In commercial transactions, the exclusive place of jurisdiction - also for check disputes - shall be the Free and Hanseatic City of Hamburg. However, the hotel may, at its option, also sue the customer at the registered office of the respective hotel or at the customer's registered office. The same applies if the customer fulfills the requirements of § 38 paragraph 2 ZPO and has no general jurisdiction in the country.
4. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.

Hamburg, March 2018