General terms and conditions of the Hotel Baurs Park

§ 1 Scope 

 1. These general terms and conditions (GTC) apply to all services of the Hotel Baurs
    park to the guest, the organizer and other contractual partners. The services consist,
   in particular, of the provision of services of hotel rooms and other premises for the
   provision of services, e.g. seminars, conferences, presentations, conferences,
   banquets and other events, the sale of food and drinks (F & B), the organization of
   cultural and sporting events and other programs, the implementation of specific
   health promotion measures or comparable offers, and all related services; The Hotel
   Baurs Park. The Hotel Baurs Park is entitled to fulfill its services by third parties.
2. These terms and conditions apply to all types of contracts, such as Hotel
   accommodation, package travel, contingent or event contracts concluded with the
   Hotel Baurs Park. The GTC shall also apply to all future transactions with the
   contractual partner.
3. GTC of the contracting party shall not apply, even if the Hotel Baurs Park does not
   expressly object to it. Counter-confirmations by the contracting party with reference to
    its terms and conditions are hereby objected.

§ 2 Conclusion of contract 

1. In principle, the respective contract comes after the oral or written request of the
   contracting party and by the acceptance of the Hotel Baurs Park. The Hotel Baurs
   Park is free to accept the application in writing, verbal, in text form (email, fax) or
   conclusively, by providing services.
2. If the contractual partner concludes a so-called quota contract, the contractual partner
   shall be liable for all damages caused by the end user.
3. The sublet or further rental or the free use of the rooms by third parties as well as the
   use for purposes other than hotel accommodation is only permitted if the Hotel Baurs
   Park expressly permits this. The Hotel Baurs Park can, at its own discretion, issue a
    written exception upon request.

§ 3 Use of rooms, handover of  room, departure

1. The rooms are provided exclusively for accommodation purposes.
2. The contracting party is liable for all damages caused by him or by third parties, who,
   pon their request, received the services of Hotel Baurs Park.
3. The contractual partner is not entitled to use certain rooms. Should rooms not be
   available in the house, the Hotel Baurs Park will inform the contractual partner
   immediately and offer equivalent replacement in a nearby hotel of the same category.
   If the contracting partner refuses, the Hotel Baurs Park has to reimburse the services
   provided by the contract partner without delay.
4. Booked rooms are available to the contracting party from 2pm on the day of arrival.
   Unless otherwise agreed, the Hotel Baurs Park has the right to assign the booked
   rooms to other parties after 6pm, without the contracting party having any rights to it.
5. The rooms must be vacated by 11am on the day of departure. Afterwards the Baurs
   Park Hotel will charge the daily room rate for the additional use of the room until
    2pm. From 2pm, the Hotel Baurs Park will charge 100% of the full price (listed price).

§ 4 Events

1. In order to allow a careful preparation by the Hotel Baurs Park, the contractual
   partner shall inform the Hotel Baurs Park of the final number of participants at the
   latest three days before the start of the event. If the contractual partner
   communicates a higher number of participants than the agreed number of
   participants, this higher number of participants will only become a contractual part if
   the Hotel Baurs Park agrees in writing. If the Hotel Baurs Park does not agree in
   writing, the contractual partner is not entitled to perform the event with a higher
   number of participants. If the Hotel Baurs Park agrees, the settlement is based on the
   new agreement (possibly with additional expenses). There is no entitlement of the
   contracting party to consent. Billing is independent of the notification of the number of
   participants according to the contractual agreements. If fewer attendees actually
   participate in the event, this is irrelevant for billing.
2. If the agreed date of the start of an event is shifted, the Hotel Baurs Park is entitled to
   charge the contractual partner all additional costs incurred as a result.
3. Reserved rooms are only available to the contractual partner within the agreed period.
4. A claim in addition requires the written consent of the Hotel Baurs Park and is granted
   in principle only for additional fee. Subject to the interests of the Hotel Baurs Park,
   room modifications are reserved for the contractual partner.
5. For events that go beyond midnight, the Hotel Baurs Park charge 50.00 € (plus VAT)
   per hour per booked service person. The contractual partner is liable to the Hotel
   Baurs Park for additional services to the participants or to third parties in connection
   with the event.
6. The contractual partner must obtain all official approvals at his own expense, unless
   otherwise expressly agreed in writing. The contractual partner is responsible for
   compliance with all relevant (regulatory) legal requirements. Duties payable to third
   parties, e.g. GEMA fees, amusement tax, etc. shall be paid immediately by the
   contractual partner to the creditor.
7. The contractual partner is liable for the behavior of his employees, the participants in
   the event as well as other auxiliary staff and their own behavior. The hotel may
   require the contractual partner to provide adequate collateral (for example insurance,
   deposits, guarantees).
8. To prevent damage, the installation of decoration material or other objects must be
    agreed with the Hotel Baurs Park. Any exhibited items and other items must be
    removed after the end of the event. If the contractual partner does not comply with
    this regulation, the Hotel Baurs Park has the right to arrange removal and store these
    items for an additional fee. Any transport packaging, outer packaging and all other
    packaging materials must be disposed of by the contractor at his own expense.
    Disposal can be made on a fee basis if the contractor leaves the packaging after the
    end of the event. All items entered during the event, such as decorating material, etc.
    shall comply with all relevant regulatory requirements.
9. The Hotel Baurs Park does not have insurance cover for imported items. The
    conclusion of a required insurance is solely the responsibility of the contracting party.
10. The Hotel Baurs Park will be remedied by the Hotel Baurs Park. The contractual
      partner cannot derive any claims in this context.
11. If own electrical installations are installed by the contracting partner, the hotel 
      management must approve this prior to connection to the electricity network. The 
      current electricity consumption will be calculated according to the valid delivery and 
      work fees, as the utility company charges the Hotel Baurs Park. The Hotel Baurs Park 
      cannot make up flat rates. The Hotel Baurs Park will charge the contracting party if
      there are any disturbances or defects in the technical facilities.
12. If the Hotel Baurs Park provides technical or third party facilities to the contracting
      party, the Hotel Baurs Park shall act on behalf of the contractor; the contractor is
      liable for careful use and prover handing over of these facilities and exempts the
      Hotel Baurs Park from all third party claims through first written demand. A liability of
      the Hotel Baurs Park due to non-timely procurement or a lack of the procured facilities
      is excluded.
13. The contracting party is generally not allowed to bring food and drinks to the events.
      In special cases (eg. national specialties, etc.), a written agreement can be made
      about this; In such cases, general costs are calculated under deduction of the
      proportional cost of sales.
14. Newspaper announcements, which contain invitations to introductory talks or sales
      events, require the prior written consent of the Hotel Baurs Park. If the publication is
      without consent, the Hotel Baurs Park has the right to cancel the event.
15. Any kind of advertising, information or invitations to the hotel, in particular through the
      use of the hotel name, requires the prior written consent of the hotel.

§ 5 Provision of services, rates, payment, offers and transfer

 1.  The prices of the respective services are determined by the price list of the Hotel
      Baurs Park valid at the time of the service. All prices are subject to statutory value 
      added tax (VAT). Increases in value -added tax shall be borne by the contracting
     party. If the period between the conclusion of the contract and the first contract
     exceeds 120 days, the Hotel Baurs Park is entitled to increase the right price by a
     maximum of 15%. Subsequent changes in the performance may lead to changes in
     prices. The Hotel Baurs Park is entitled to demand an advance payment or security
     deposit of up to 100% of the contractual partner’s total payment obligation upon
     conclusion of contract by the contractual partner. The amount of the advance
     payment and the payment dates can be stipulated in the contract.
2.  If the contractor has booked within a period of time at which a trade fair, a major
     event or other event takes place and if after the conclusion of the contract such an
     event is postponed for reasons beyond the control of the Hotel Baurs Park, then the
     contract is valid for a new period when the Hotel Baurs Park is able to fulfill the
     agreed services. If the Hotel Baurs Park can fulfill its performance, the contract
     partner will be notified within a reasonable period of time. If the performance is not
     possible, especially if the booked rooms are already rented to third parties for the new
     period, the parties can withdraw from the contract without giving reasons. The
     assertion of claims against the other party is excluded. This does not apply to
     services already granted. These must be repaid or remunerated.
3.  The payment claim of the Hotel Baurs Park is to be paid within the amount stated on
     the invoice without deduction after receipt of the respective invoice. An invoice is valid
     at the latest 3 days after dispatch as in the case of receiver of invoice received, if no
     previous receipt is proven can be made. In case of default in payment, the legal
     regulations apply.
4.  The preparation of a financial statement does not release the payment of the
     individual invoices within the time limit. The Hotel Baurs Park reserves the right to
     withhold any further and future services and to make the fulfillment of the services
     dependent on a security payment of up to 100% of the remaining outstanding payment.
5.  A reminder fee of € 5.00 is due for each reminder. Invoices are to be paid
     immediately cash, eurocheque-card or with credit card. The Hotel Baurs Park is
     entitled to reimburse foreign exchange, checks and credit cards. Vouchers from tour
     operators are only accepted if a credit agreement exists with the respective company
     or if corresponding prepayments have been made. Reimbursement of unused
     services is excluded. Invoices taken over by a company need a written coverage of
     costa and will only be reimbursed to companies within Germany.
6.  The contractual partner can only set off against a claim of the Hotel Baurs Park if his
     demand is undisputed or legally established. This applies to the exercise of a right of
     retention on the basis of the customer’s own demands. The Hotel Baurs Park can
     only be assigned to claims and other rights with the written consent of the hotel.
7.  If the contractual partner uses a credit card without paying physically (e.g. via
     telephone or fax, etc.) to pay for the Hotel Baurs Park products with advance
     payment (e.g. general orders with advance payment or guaranteed booking), the
     Hotel Baurs Park is not entitled to revoke this charge against its credit institution.
8.  If individual services are cancelled within a booked package, the contract partner
     shall not be entitled to a price reduction. The Hotel Baurs Park reserves the right to
     charge all services according to the individual price. The booked price of the package
     is only valid if it is also claimed.

§ 6 Cancellation of services / Reduction of services

 Reservations of the contract partner shall be binding on the contractual partner. In the
Cancellation by the customer (cancellation, cancellation / non-use of the hotel’s
services (No Show)

1.  A withdrawal of the customer from the contract concluded with the hotel is only
     possible if a right of rescission has been expressly agreed upon in the contract, if
     there is another statutory right of withdrawal or if the hotel expressly agrees to the
     cancellation of the contract.
2.  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.
     Provided that a date for the cancellation of the contract has been agreed upon
     between the hotel and the customer, the customer may withdraw from the contract by
     then, without incurring payment or compensation claims for the hotel. The right of
     withdrawal of the customer expires, if he does not exercise his right to rescind the
     hotel by the date that was agreed upon.
3.  If a right of withdrawal has not been agreed upon or has already expired, there is no
     statutory right of rescission or termination, and the hotel does not agree to a
     cancellation of the contract. The hotel reserves the right to the agreed remuneration,
     despite non-utilization of the service. The hotel has to charge the fees from the rental
     of the rooms and the expenses made.

§ 7 Withdrawal / Termination by the Hotel Baurs Park

1.  The Hotel Baurs Park is allowed to withdraw from the contract (§ 323 BGB) or to
     terminate the contract (§ 314), if a) the contractual partner does not provide a due
     performance b) the fulfillment of the contract is not possible due to force majeure,
     strike or other acts, c) the contractual partner makes false claims about important
     data, d) the contracting party uses the name of the Baurs Park Hotel in advertising
     measures without prior written consent, e) contractually definite rooms are sublet
     without written consent of the Hotel Baurs Park, f) the Hotel Baurs Park has
     reasonable grounds for assuming that use of hotel service may hinder smooth
     operation, security or public reputation of the Hotel Baurs Park.
2.  The contracting party is entitled to prove that the loss of the Hotel Baurs Park is not
     given or reduced.
3.  Provided that the Hotel Baurs Park can otherwise provide the cancelled service to
     third parties within the agreed period, the damages of the contract partner will be
     reduced by the amount paid by these third parties for the cancelled service, but at
     most up to the cancellation of the entire damage compensation.
4.  Irrespective of the above-mentioned damages, the contractual partner shall pay a Flatrate
     processing fee of 50 Euro.

§ 8 Liability of the Hotel Baurs Park, regarding brought in objects, statue of limitations

 1. The Hotel Baurs Park is liable for all legal and contractual claims, generally only in 
     case of intentional or grossly negligent behaviour.
2.  Exceptions are made and the Hotel Baurs Park is liable for slight negligence in the case of damages,
     a) which are based on the violation of essential contractual obligations. In such cases, the liability is limited to foreseeable contract-type damage
    b) due to injury to life, body or health.
3.  A liability of the Hotel Baurs Park for consequential damages or indirect damages is
    excluded.
4.  Liability exclusions and limitations apply in the same way to all companies, their
    subcontractors and fulfillment auxiliaries used by the Hotel Baurs Park to fulfill their
    contractual obligations. They do not apply if the Hotel Baurs Park assumes a
    guarantee for the quality of a thing or any work or in the case of fraudulently
    concealed mistakes.
5.  The contractual partner is obligated to notify visible defects immediately, at the latest
    upon departure, at the hotel.
6.  The statutory provisions of Sections 701 et seq. of the German Civil Code (BGB) shall
     apply to items submitted by the contracting party.
7.  Any remaining objects of the contract partner / overnight guests will only be
    forwarded upon request, risk and costs of the contracting party. The Hotel Baurs Park
    will keep the items for 12 months and will charge you a reasonable amount of money.
    If a recognizable value exists, the items will afterwards be handed over to the local
    lost and found.
8.  All claims of the contracting party against the Hotel Baurs Park from or in connection
   with the contract expire after one year, starting with the end of the year in which
     the claim arose and the contractual partner acquires knowledge without gross negligence.

§ 9 Additional provisions für packaged holiday contract

 1.  If the performance obligation of the Hotel Baurs Park is not included in the cost of
     meals and lodging in the organization of a leisure program, this is justified by a socalled
     package travel agreement.
2.  Due to changes, deviations or reductions of individual services within the scope of a
     package travel contract, which is necessary after contract conclusion. The Contractor
     shall not be able to assert any claims if they are merely negligible.3.
3.  If agreed and provided services are not used by the contractual partner, a reduction
     or reimbursement of the total remuneration is not possible.The Hotel Baurs Park is
     not liable for damages incurred by the contractual partner on the occasion of the use
     of a special service by a third party. The contractual partner is referred to the
     enforcement of his claims against the respective organizer of the special service.

§ 10 Place of performance and payment, place of jurisdiction, collateral agreements,
partial ineffectiveness

 1.  Place of performance and payment for both parties is the location of the respective
     hotel business of the Hotel Baurs Park.
2.  German law applies.
3.  Place of jurisdiction is Hamburg.
4.  Should individual provisions of the contract, including these terms and conditions of
     business, be invalid, this shall not affect the effectiveness of the remaining provisions.
     The parties shall immediately replace the ineffective provisions with those which are
     as close as possible to the intended purpose and economic significance. The same
     applies in the event that regulatory gaps should exist in the contract.

Hamburg, 27th of february 2018

SETTING CONDITIONS FOR PARKING GARAGES AND HOTEL PARKING SPACES 

(AGBP)

1 Rent Contract

 1.1 With the acceptance of the parking ticket and / or entry into the parking garage or the
       hotel parking space (“parking area”), a lease agreement is concluded between the hotel and
       the tenant regarding the parking period desired by the tenant within the opening hours
       according to these setting conditions.
1.2 In this case neither guarding nor custody is the subject of this contract. The hotel does
      not assume any custody or special care duties for the items brought in by the tenant.

2 Conditions for use

 2.1 The lessee is obliged to observe the care required in traffic. In particular, the special
      traffic regulations and safety regulations specified in the parking area must be complied.
      Instructions of the hotel staff, which are for the security or the house rights, must always be
      immediately followed. In all other respects, the provisions of the StVO (road traffic
      regulations) apply accordingly.
2.2 Vehicles may only be parked within the designated parking spaces, but not on the
      pitches reserved for permanent users. The hotel is entitled to have the vehicles parked
      incorrectly moved by means of suitable measures, at the expense of the tenant. For this, the
      hotel can charge a lump sum; In this case, the tenant can prove that the costs have not been
      incurred or substantially lower than the lump sum.
2.3 The hotel is also entitled to remove the renter’s vehicle from the parking area in case of
      danger.
2.4 Each tenant is advised to always close his vehicle carefully after leaving, and not to leave
      any valuables behind.

3 Safety and Rules of Law

3.1 In the parking area, it is only allowed to drive at a walking speed.
3.2 Not permitted in the parking area are:
      – smoking and the use of fire, 
      - the storage of supplies, containers and flammable objects, 
      - the unnecessary running of engines, 
      - the parking of vehicles with a leaky tank or carburettor,
      -refueling, repair, washing, interior cleaning of vehicles,
      - the discharge of cooling water, fuels or oils,
       -the distribution of advertising material.
3.3 The stay in the parking area is only permitted for the purpose of setting, loading and
      unloading as well as the pick up of vehicles.
3.4 The renter has to remove any impurities caused by him immediately.

4 Fee / Parking duration

 4.1 The amount of parking fees to be paid and the permissible parking period are based on
      the applicable current valid price list.
4.2 The maximum parking period is the length of stay unless a special agreement is made in
      individual cases.
4.3 After the end of the maximum period of the car park, the hotel is entitled to have the
      vehicle removed from the parking area at the expense of the tenant, provided that the tenant
      and / or the owner of the vehicle are notified in writing within a time limit of at least two days,
      or if the value of the vehicle obviously does not exceed the rent that is due. The hotel is
      entitled to be paid the fee according to the pricelist up until the vehicle is removed.
4.4 In the event of a loss of the parking ticket, at least one charge in the amount of one day’s
      rate shall be due, unless the tenant has a shorter or the hotel has a longer parking time.
4.5 The hotel may check the authorization to pick up and use the vehicle. The detection is
      carried out inter alia. Guided by the presentation of the parking ticket; The tenant can provide
      another proof.
4.6 If the tenant uses more than one parking space with his vehicle, the hotel is entitled to
      collect the full parking charge for the actually used number of parking spaces.

5 Liability of the Hotel

 5.1 The hotel is only liable for damages which have been demonstrably caused by him or his
       vicarious agents or by gross negligence. This limitation of liability does not apply to injury to
       life, body or health or to the violation of essential contractual obligations.
5.2 The hirer is obliged to report any damage to his vehicle to the hotel without delay.
5.3 The hotel excludes all liability for damages caused by other tenants or other third parties.
      This applies in particular to damage, destruction or theft of the adjusted vehicle or movable /
      built-in items from the vehicle or objects attached to or on the vehicle.
5.4 If the tenant is a hotel guest and if the hotel accepts parking or picking up the vehicle at
      the request of the lessee, this also does not constitute a deposit agreement and no
      monitoring obligation, since this is only a complaint of the hotel to the guest. Damage caused
      by other vehicles or objects must be regulated by the vehicle liability insurance of the renter /
      vehicle owner. The hotel and the driver commissioned by the hotel are also not liable for the
      damage caused directly to the vehicle of the hirer as well as for any financial disadvantages
      in connection with the regulation of the damage to the other vehicles or things relating to the
      motor vehicle liability insurance of the hirer / Premiums, etc.), unless the driver
      commissioned by the hotel caused the damage intentionally or was grossly negligent.

6 Liability of Lessee

 6.1 The lessee is liable for damages caused to him by himself or by his vicarious agents, his
      agents or his accompanying persons. He is obliged to report such damage without being
      asked to leave the hotel before leaving the parking area.
6.2 The lessee is liable for the cleaning costs for the impurities of the parking area caused by
      him in the sense of section 3.2.

7 Right of lien/ Right of retention / Use

7.1 The hotel is entitled to a right of retention and statutory right of lien on the hired vehicle
      by the hirer due to its claims from the rental agreement.
7.2 The hotel is entitled to remove and / or recycle vehicles or trailers without an official
      license plate if this has been previously demanded of the renter / vehicle owner and he has
      not complied with the request to remove the vehicle within a reasonable period set by the
      hotel. Such a threat and request is not required if the tenant / vehicle owner could not be
      determined even after taking reasonable measures. The renter / vehicle owner is entitled to
      the possible realization proceeds minus the costs incurred and the parking charge incurred
      up to the time of the removal of the vehicle.
7.3 Without prejudice to the rights of section 7.1 and section 7.2, the tenant is liable to the
      hotel for all costs incurred