General Terms and Conditions for Events

General Terms and Conditions for Events in German Hotels of the Brands Dorint Hotels & Resorts, Essential by Dorint and HOMMAGE LUXURY HOTELS COLLECTION

I. Scope of Application

1. These Terms and Conditions apply to contracts for the rental of conference, banquet and event rooms of the respective hotel to the Customer for the purpose of holding events such as banquets, seminars, conferences, etc., as well as to all other related services and deliveries (hereinafter uniformly referred to as "Services") of the hotel, whereby hotel herein shall be understood to mean all "Essential by Dorint", "Dorint" and "Hommage" hotels located in the Federal Republic of Germany, irrespective of the person of the operator (hereinafter each of them referred to as "Hotel"). Operators in this sense may be Essential by Dorint GmbH (AG Köln, HRB 98777), Dorint GmbH (AG Köln, HRB 59251), or 5HALLS HOMMAGE HOTELS GmbH (AG Köln, HRB 98776), a company affiliated with them pursuant to Section 15 of the German Stock Corporation Act (AktG), a licensee of the aforementioned or a third party whose hotel operations are managed by one of the aforementioned operators for the account of another.
2. The sub-letting or re-letting of the rooms, areas or showcases provided as well as the invitation to interviews, sales or similar events require the prior consent of the hotel in text form, whereby § 540 paragraph 1 sentence 2 of the German Civil Code (BGB) is waived.
3. Terms and conditions of the customer shall only apply if this has been expressly agreed in text form in advance.
4. Customer in the sense of these terms and conditions are both consumers and entrepreneurs in the sense of §§ 13, 14 BGB. The customer is an organizer within the scope of the contracts agreed upon according to clause 1, sentence 1.

II. Conclusion of Contract, Contracting Parties; Liability, Statute of Limitations

1. The contract is concluded by the hotel's acceptance of the customer's application. If the hotel makes a binding offer to the customer, the contract shall be concluded by the customer's acceptance of the hotel's offer. In both cases, the hotel is free to confirm the contractual agreement in text form.
2. Contractual partners are the hotel and the customer. If the customer/orderer is not the organizer himself or if a commercial intermediary or organizer is engaged by the organizer, the organizer shall be jointly and severally liable with the customer for all obligations arising from the contract, provided that the hotel has received a corresponding declaration from the customer or the organizer.
3. In the event of damage caused, the hotel and/or its operator shall be liable in the event of intent and gross negligence - including that of its vicarious agents - in accordance with the statutory provisions. The same shall apply in the case of negligently caused damage resulting from injury to life, body or health. In the case of negligently caused damage to property and financial loss, the hotel and/or its operator and its vicarious agents shall only be liable in the event of a breach of a material contractual obligation, but limited in amount to the damage foreseeable at the time of conclusion of the contract and typical for the contract; material contractual obligations are those whose fulfillment characterizes the contract and on which the customer may rely. In the event of disruptions or deficiencies in the hotel's services, the hotel shall endeavor to remedy such upon knowledge thereof or upon prompt complaint by the customer. The customer is obligated to contribute what he can reasonably be expected to do in order to remedy the disruption and keep any possible damage to a minimum, and to notify the hotel immediately of any disruptions or damage.
4. All claims of the customer or third party against the hotel shall become statute-barred after 1 year from the beginning of the knowledge-dependent regular limitation period within the meaning of Section 199 (1) of the German Civil Code (BGB). However, claims for damages against the hotel shall become statute-barred at the latest 3 years after the breach of duty, depending on knowledge, and at the latest 10 years after the breach of duty, irrespective of knowledge. These reductions of the statute of limitations do not apply:
   • in the case of claims based on causation by intent or gross negligence on the part of the hotel - including its vicarious agents.
   • In case of negligently caused damage to life, body or health. In case of negligently caused damage to property and financial loss, the shortened limitation periods do not apply in case of breach of an essential contractual obligation. Material contractual obligations are those whose fulfillment characterizes the contract and on which the customer may rely.

III. Services, Prices, Payments, Offsetting

1. The hotel is obligated to provide the services ordered by the customer and promised by the hotel.
2. The customer is obligated to pay the agreed or customary prices of the hotel for these and other services used. This also applies to services and expenses of the hotel to third parties arranged by the customer, in particular also to claims of copyright collecting societies.
3. The agreed prices include the taxes applicable at the time of the conclusion of the contract. In the event of changes in the statutory value-added tax or the introduction, amendment or abolition of local taxes on the object of performance after conclusion of the contract, the prices shall be adjusted accordingly, however, by a maximum of 5%. In the case of contracts with consumers, this shall only apply if the period between the conclusion and fulfillment of the contract exceeds 4 months.
4. Invoices of the hotel without due date are payable within 10 calendar days from receipt of the invoice without deduction. The hotel is entitled to declare accrued claims due at any time and to demand immediate payment. In the event of default in payment, the Hotel shall be entitled to charge the statutory default interest currently applicable at a rate of 9 percentage points above the prime rate or, in the case of legal transactions involving a consumer, at a rate of 5 percentage points above the prime rate. In addition, the hotel may charge a fee of € 5 per reminder in the event of default. The hotel reserves the right to prove and claim higher damages.
5. The hotel is entitled to demand a reasonable advance payment at any time. The amount of the advance payment and the payment dates can be agreed in text form in the contract.
6. The customer may only offset or reduce a claim of the hotel with an undisputed or legally binding claim.

IV. Withdrawal of the Customer (Cancellation)/Non-Acceptance of the Hotel's Services (No Show)

1. The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract or in these GTC, 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 must be made in text form.
2. If the hotel and the customer have agreed on a date for a cost-free withdrawal from the contract, the customer may withdraw from the contract up to that date 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. If a right of withdrawal has not been agreed or has already expired, if there is also no statutory right of withdrawal or 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. The respective saved expenses can be calculated in accordance with sentence 3 - and in the case of events with overnight stays in accordance with section IV no. 3 sentence 3 AGBH (AGB Hoteaufnahme) in deviation from the flat-rate saved expenses specified in section IV no. 3 sentence 4 AGBH - according to the following scales.
4. Free cancellation options Customer (share of the agreed total volume)*

5. persons/meeting = pax / roomnights = RN
   up to 15 pax/RN		16 - 30 pax/RN		31 - 50 pax/RN
   up to 21 days before arrival	100 % free of charge	up to 28 days before arrival	100 % free of charge	up to 42 days before arrival	100 % free of charge
   up to 14 days before arrival	50 % free of charge	up to 21 days before arrival	50 % free of charge	up to 28 days before arrival	50 % free of charge
   up to 7 days before arrival	25 % free of charge	up to 14 days before arrival	25 % free of charge	up to 21 days before arrival	25 % free of charge
   up to 1 day before arrival	max. 1 room and/or 1 participant free of charge	up to 7 day before arrival	10 % free of charge	up to 14 days before arrival	10 % free of charge
   		up to 1 day before arrival	max. 2 rooms and/or 2 participants free of charge	up to 1 day before arrival	max. 2 rooms and/or 2 participants free of charge
   51 - 100 pax/RN		101 - 150 pax/RN		151 - 250 pax/RN
   up to 90 days before arrival	100 % free of charge	up to 120 days before arrival	100 % free of charge	up to 150 days before arrival	100 % free of charge
   up to 42 days before arrival	50 % free of charge	up to 90 days before arrival	50 % free of charge	up to 120 days before arrival	50 % free of charge
   up to 28 days before arrival	25 % free of charge	up to 42 days before arrival	25 % free of charge	up to 90 days before arrival	25 % free of charge
   up to 14 days before arrival	10 % free of charge	up to 21 days before arrival	10 % free of charge	up to 42 days before arrival	10 % free of charge
   up to 1 day before arrival	max. 3 rooms and/or 3 participants free of charge	up to 7 days before arrival	5 % free of charge	up to 21 days before arrival	5 % free of charge
   		up to 1 day before arrival	max. 3 rooms and/or 3 participants free of charge	up to 1 day before arrival	max. 4 rooms and/or 4 participants free of charge
   251 - 350 pax/RN		351 - 500 pax/RN		> 500 pax/RN
   up to 180 days before arrival	100 % free of charge	up to 240 days before arrival	100 % free of charge	individual
   up to 150 days before arrival	50 % free of charge	up to 180 days before arrival	50 % free of charge
   up to 120 days before arrival	25 % free of charge	up to 90 days before arrival	25 % free of charge
   up to 60 days before arrival	10 % free of charge	up to 60 days before arrival	10 % free of charge
   up to 14 day before arrival	5 % free of charge	up to 14 days before arrival	5 % free of charge
   up to 1 day before arrival	max. 4 rooms and/or 4 participants free of charge	up to 1 day before arrival	max. 5 rooms and/or 5 participants free of charge

   * The scale can only be applied once, with the exception of the possibility to reduce the agreed number of participants one day before the last scale.

   The indication of the respective number of persons/RN refers to the real group size and is not an addition of the event days. e.g. 100 persons on 3 days fall into the cancellation group 100 pax/RN and not the group for 300 pax/RN. If different numbers of persons are booked on different event days, the higher number of persons is decisive. The same applies if the number of rooms and conference participants are different.

   The percentages apply accordingly to other event-related services such as room rental, additional food and beverages or booked workshops. In the event that the agreed minimum turnover is not reached, which is made up of the conference flat rate, additional drinks or conference technology, the difference to the agreed minimum turnover will be invoiced as room rental. In the event of complete cancellation and thus failure to reach the minimum turnover, the latter will be invoiced in accordance with the above-mentioned table.

6. The parts of the event/overnight stays to be cancelled free of charge represent the saved expenses. The hotel is therefore entitled to invoice the customer for the portions of the event/overnight stays that can no longer be cancelled free of charge and to withhold this amount from the deposit, insofar as this has been paid.

The customer is free to prove that the claim has not arisen or has not arisen in the amount claimed. The hotel is free to prove that a higher claim has arisen.

V. Withdrawal of the Hotel

1. If the customer's right to withdraw from the contract free of charge within a certain period of time has been agreed upon in text form, the hotel is entitled for its part to withdraw from the contract free of charge within this period of time if there are requests from other customers for the contractually booked event rooms and the customer does not waive his right to withdraw upon inquiry by the hotel with a reasonable deadline.
2. If an agreed advance payment or an advance payment demanded in accordance with III. clause 5 is not made even after a reasonable grace period set by the hotel has elapsed, the hotel shall also be entitled to withdraw from the contract.
3. Furthermore, the hotel is entitled to withdraw from the contract for an objectively justified reason, in particular if ...
   • force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
   • events are culpably booked under misleading or false statements of material facts (e.g. in the person of the customer or the purpose);
   • the hotel has reasonable grounds to believe that the event may jeopardize the smooth operation of the business, the safety or the reputation of the hotel in public, without this being attributable to the hotel's sphere of control or organization;
   • a violation of I. Item 2 exists;
   • the purpose or reason for the event is unlawful. 4.

In the event of a justified withdrawal by the hotel, the customer shall not be entitled to claim damages.

VI. Changes in the number of participants and the time of the event

1. In the event of an upward deviation, the actual number of participants will be charged.
2. In the event of deviations in the number of participants by more than 10% upwards or downwards, the hotel shall be entitled unilaterally to reset the agreed prices as well as to exchange the confirmed rooms, unless this is unreasonable for the customer in the individual case.
3. If the agreed start or end times of the event are postponed and the hotel agrees to these deviations, the hotel may charge its additional service availability appropriately, unless the hotel is at fault in this respect.

VII. a) Special provision regarding Item IV above (and Item IV of the General Terms and Conditions of the Hotel Accommodation Agreement insofar as relevant in connection with the event) for events up to 31.12.2021 (start of event decisive)

1. In accordance with Section IV No. 3 Sentence 3 of the General Terms and Conditions for Events (AGBV) and the General Terms and Conditions for Hotel Accommodation (AGBH) and in deviation from the lump-sum expenses saved in Section IV No. 4 of the General Terms and Conditions and Section IV No. 3 Sentence 4 of the General Terms and Conditions for Hotel Accommodation (AGBH), the following cancellation conditions apply to events with and without overnight stays that are held up to December 31, 2021:

Free cancellation options Customer (share of the agreed total volume)**

** The indication of the respective number of persons/RN refers to the real group size and is not an addition of the event days. E.g. 100 persons on 3 days fall into the cancellation group 100 pax/ RN and not the group for 300 pax/RN. If different numbers of persons are booked on different event days, the higher number of persons is decisive. The same applies if the number of rooms and conference participants are different.

The percentages apply accordingly to other event-related services such as room rental, additional food and beverages or booked workshops. In the event of an agreed shortfall in the minimum revenue, which is made up of conference flat rate, additional drinks or conference technology, the difference to the agreed minimum revenue will be invoiced as room rental. In the event of complete cancellation and thus failure to achieve the minimum turnover, the latter will be invoiced in accordance with the above table.

1. The scales can be applied cumulatively, i.e. one after the other, by the customer, whereby the percentage to be cancelled free of charge then applies only to the portion of the event remaining after the previous cancellation.

In the event of a (complete) cancellation, the hotel must have received a notice of cancellation in text form (by e-mail, for example) by the designated cancellation date, otherwise the last scale of the flat-rate saved expenses will be applied.

1. The portions of the event/overnight stays to be cancelled free of charge represent the saved expenses. The hotel is therefore entitled to invoice the customer for the portions of the event/overnight stays that can no longer be cancelled free of charge and to withhold these from the deposit, insofar as this has been paid.
2. The customer is free to prove that the claim did not arise or did not arise in the required amount.

After 31.12.2021, the provisions of Section IV AGBV shall apply.

b) Supplementary special regulation to the above clauses IV, V and VII (and clauses IV, V and VI of the AGBH as far as relevant in connection with the event) for events until 31.12.2022 (event start date is decisive) due to Corona, pandemic situations and force majeure.

1. Should the booked event not be allowed to take place in the booked form due to legal or official requirements (e.g. in the form of ordinances, general orders or administrative acts) at the event location based on the corona virus or similar serious reasons of force majeure (external circumstances for which the hotel is not responsible), the hotel is entitled to offer the customer an alternative form of implementation (e.g. catering at the seat). (e.g. catering at the seat instead of in buffet form, other event room, etc.) and an alternative event time (event period), which may only be refused for good cause. If such an adapted service is not possible or reasonable, or if it is rejected for good cause, both parties shall be entitled to cancel the event free of charge. The right to cancel free of charge shall not apply if the legal or official requirement in the sense of sentence 1 that conflicts with the event is exclusively at the level of the organizer or is directed at the organizer as the addressee.
2. If an event participant/traveler is unable to attend the booked event date due to official travel bans or quarantine orders (also upon return from the booked travel country) as a result of Corona or similar global pandemics as defined by the WHO, his/her room/event package may be cancelled free of charge irrespective of the provisions of Sections IV No. 4 and VII a). 4 and VII a), if the guest can prove that it is actually objectively impossible for the event participant/traveler to travel for the aforementioned reasons. Only reservations on the part of the guest or official recommendations to forego travel or events do not justify a right of withdrawal free of charge.
3. In all other cases, irrespective of Corona and similar global pandemics according to the definition of the WHO, the regulation from section VII a) for events until 31.12.2021 and after this date from sections IV and VI GTCTC remains in force.

VIII. Bringing food and beverages

1. The customer may not bring food and beverages to events. Exceptions require prior agreement in text form with the hotel. In such cases, an appropriate contribution to cover overhead costs will then be charged.

IX. Technical facilities and connections

1. Insofar as the Hotel procures technical or other furnishings/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 is liable for the careful handling and proper return of the equipment. The customer shall fully indemnify the hotel against all claims of third parties arising from the provision of these facilities/equipment.
2. The use of the customer's own electrical equipment using the hotel's power network requires the customer's prior consent in text form. Any malfunctions or damage to the hotel's technical equipment caused by 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 the electricity costs arising from the use of such equipment on a flat-rate basis.
3. The customer is entitled to use his own telephone, telefax and data transmission equipment with the hotel's prior consent in text form. The hotel may charge an appropriate connection fee for this.
4. If suitable facilities/equipment of the hotel remain unused due to the connection of the customer's own equipment, an appropriate cancellation fee may be charged in this respect.
5. Faults in technical or other facilities provided by the hotel will be remedied immediately if possible. Payments may not be withheld or reduced insofar as the hotel is not responsible for such disruptions.

X. Loss of or damage to items brought along

1. Exhibits or other items (including personal items) brought along are located in the event rooms or in the hotel at the customer's own risk. The customer is not granted key authority. The hotel accepts no liability whatsoever for loss, destruction or damage, 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 safekeeping represents a duty typical for the contract (on which the customer may rely within the framework of the contract) are excluded from this exemption from liability. Decorative material brought along must fully comply with the fire protection requirements. The hotel is entitled to demand official proof of this in advance. If such proof is not provided in time, 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 agreed in detail with the hotel in advance.
2. Exhibits or other items brought in are to 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 in a manner contrary to the terms of the contract, the hotel may charge an appropriate compensation for use for the duration of the remainder. The customer is free to prove that the above claim did not arise or did not arise in the amount claimed. In addition, the hotel reserves the right to prove and assert higher damages.

XI. Liability of the customer for damages

1. The customer is liable for all damages to the building or the hotel caused by event participants or visitors, employees, other third parties from his area or himself. Insofar as the customer is an entrepreneur, he shall be liable irrespective of any proof of fault on the part of the hotel; a consumer shall only be liable in the event of fault.
2. The hotel may at any time require the customer to provide appropriate security (e.g. insurance, deposits, guarantees, etc.).

XII. Information for consumers on the EU consumer arbitration board

In accordance with the legal obligation, the Hotel points out that the European Union has set up an online platform for the out-of-court settlement of consumer disputes ("ODR platform"): ec.europa.eu/consumers/odr

However, the Hotel does not participate in dispute resolution proceedings before consumer arbitration bodies.

XIII. Final Provisions

1. Amendments or supplements to the contract, the acceptance of the application or these General Terms and Conditions for Events shall be made in text form. Unilateral amendments or supplements by the customer are invalid.
2. The place of performance and payment as well as the exclusive place of jurisdiction - also for disputes concerning checks and bills of exchange - shall be Cologne in commercial transactions. If a contractual partner fulfills the requirements of § 38 paragraph 2 ZPO (German Code of Civil Procedure) and does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.
3. 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.
4. Should individual provisions of these General Terms and Conditions for Events be invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.

Status: October 2021