GTC

General Terms and Conditions of Baseler Hof GmbH & Co. KG, Hamburg, for conferences and celebrations

(AGBV 6.0)

1 SCOPE OF APPLICATION

1.1 These terms and conditions apply to contracts for the rental of

The customer is entitled to use the hotel’s conference, banquet and event rooms for the organization of events such as banquets, seminars, conferences, exhibitions and presentations, etc., as well as all other services and supplies provided by the hotel for the customer in this connection. deliveries of the hotel.

1.2 The subletting or re-letting of the rooms, areas or showcases provided as well as invitations to job interviews, sales or similar events require the prior consent of the hotel in text form, whereby the right of termination pursuant to § 540 para. 1 sentence 2 BGB is waived.

1.3 The customer’s general terms and conditions shall only apply if this has been expressly agreed in text form.

2 CONCLUSION OF CONTRACT, PARTNERS, LIABILITY

2.1 The contractual partners are the hotel and the customer. The contract is concluded upon acceptance of the customer’s application by the hotel. The hotel is at liberty to confirm the booking of the event in text form.

2.2 The hotel is liable for damages for which it is responsible arising from injury to life, limb or health. Furthermore, it is liable for other damages which are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of typical contractual obligations by the hotel. Typical contractual obligations are those obligations which make the proper execution of the contract possible in the first place and on the fulfillment of which the customer relies and may rely. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. Any further claims for damages, unless otherwise regulated in clause 9, are excluded. Should disruptions or defects occur in the hotel’s services, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to make reasonable efforts to remedy the disruption and minimize any possible damage. In addition, the customer is obliged to inform the hotel in good time of the possibility of exceptionally high damages.

3 SERVICES, PRICES, PAYMENT, OFFSETTING

3.1 The hotel is obliged to provide the services ordered by the customer and promised by the hotel.

3.2 The customer shall be obliged to pay the costs incurred for these and other

services agreed or applicable prices of the hotel. This also applies to services commissioned directly by the customer or via the hotel, which are provided by third parties and disbursed by the hotel. In particular, this also applies to claims by copyright collecting societies.

3.3 If a minimum turnover has been agreed and this is not achieved, the hotel may demand the difference as loss of profit, unless the customer proves lower damages or the hotel proves higher damages.

3.4 The agreed prices include the taxes applicable at the time the contract is concluded. If the statutory value added tax changes 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 conclusion of the contract and fulfillment of the contract exceeds four months.

3.5 If payment on account has been agreed, payment must be made without deduction within ten days of receipt of the invoice, unless otherwise agreed.

3.6 The hotel is entitled to demand a reasonable 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 may be agreed in text form in the contract. The statutory provisions shall apply if the customer is in default of payment.

3.7 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, even after conclusion of the contract up to the start of the event, to demand an advance payment or security deposit within the meaning of clause 3.6 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.

3.8 The customer may only offset or set off an undisputed or legally enforceable claim against a claim of the hotel.

3.9 The customer agrees that the invoice may be sent to him electronically.

4 WITHDRAWAL BY THE CUSTOMER (CANCELATION, CANCELLATION)

4.1 The customer may only unilaterally withdraw from the contract concluded with the hotel free of charge if a right to withdraw free of charge has been expressly agreed in the contract or if a statutory right to withdraw free of charge exists.

4.2 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 incurring payment or damage compensation claims by the hotel. The customer’s right of withdrawal expires if he does not exercise it in text form vis-à-vis the hotel by the agreed date.

4.3 If a right of withdrawal pursuant to 4.1 has not been agreed or has already expired and there is also no statutory right to withdraw from the contract free of charge, the hotel shall retain the claim to the agreed remuneration pursuant to Sections 3.3, 4.4, 4.5 and 4.6 despite non-utilization of the service. The hotel must offset the income from other rentals as well as the saved expenses. The expenses saved in each case may be calculated as a lump sum, in the case of individually listed rental prices in the amount of 10%, otherwise in accordance with Clauses 3.3, 4.4, 4.5 and 4.6. The customer is at liberty to prove that the claim did not arise or did not arise in the amount claimed. The hotel is at liberty to prove that a higher claim has arisen.

4.4.1 MEETINGS AND CONFERENCES If the customer only withdraws from the 30th day before the date of the event, the hotel shall be entitled to charge 50% of the lost consumption turnover in addition to the agreed rental price (less any income or saved expenses pursuant to 4.3 sentence 2) and the services disbursed pursuant to section 3.2 sentence 2 and/or an agreed minimum turnover pursuant to section 3.3, 75% of the consumption turnover from the 15th day and 100% of the consumption turnover from the 5th day. In the case of events lasting several days, the first day of the event shall be decisive for the calculation of the deadline. The customer is at liberty to prove that the claim did not arise or did not arise in the amount claimed. The hotel is at liberty to prove that a higher claim has arisen.

4.4.2 CELEBRATIONS If the customer only withdraws from the 90th day before the date of the event, the hotel shall be entitled to charge 50% of the lost consumption turnover in addition to the agreed rental price (less any income or saved expenses pursuant to 4.3 sentence 2) as well as the services disbursed pursuant to section 3.2 sentence 2 and/or an agreed minimum turnover pursuant to section 3.3, 75% of the consumption turnover from the 42nd day and 100% of the consumption turnover from the 14th day. In the case of events lasting several days, the first day of the event shall be decisive for the calculation of the deadline. The customer is at liberty to prove that the claim did not arise or did not arise in the amount claimed. The hotel is at liberty to prove that a higher claim has arisen.

4.5 The calculation of the consumption turnover is based on the formula: Agreed menu price plus drinks x number of participants. If no price has yet been agreed for the menu, the cheapest 3-course menu of the respective valid event offer shall be used as a basis. Drinks are charged at one third of the menu price.

4.6 If a conference flat rate per participant has been agreed, the hotel is entitled to charge 50% of the conference flat rate x agreed number of participants in the event of withdrawal from the 30th day before the event date, 75% in the event of withdrawal from the 15th day and 100% from the 5th day. In the case of events lasting several days, the first day of the event shall be decisive for the calculation of the deadline. The customer is at liberty to prove that the claim did not arise or did not arise in the amount claimed. The hotel is at liberty to prove that a higher claim has arisen.

5 WITHDRAWAL BY THE HOTEL

5.1 If it has been agreed that the customer can withdraw from the contract free of charge within a certain period of time, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers regarding the contractually booked event rooms and the customer does not waive his right of withdrawal upon inquiry by the hotel within a reasonable period of time. This shall apply accordingly if an option is granted, if other inquiries have been received and the customer is not prepared to make a firm booking when asked by the hotel within a reasonable period of time.

5.2 If an advance payment or security deposit agreed or demanded in accordance with clause 3.6 and/or clause 3.7 is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.

5.3 Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if

• Force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
• events or rooms are culpably booked with misleading or false information or concealment of material facts; material facts may include the identity of the customer, the ability to pay or the purpose of the stay;
• the hotel has reasonable grounds to believe that the event may jeopardize the smooth operation, safety or public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organization;
• the purpose or occasion of the event is unlawful;
• there is a breach of Clause 1.2. 5.4 The justified withdrawal of the hotel justifies

does not entitle the customer to claim damages. Should the hotel have a claim for damages against the customer in the event of a withdrawal in accordance with the above Section 5.2 or 5.3, the hotel may charge a lump sum. Clauses 4.3 to 4.6 shall apply accordingly in this case.

6 CHANGES TO THE NUMBER OF PARTICIPANTS AND THE TIME OF THE EVENT

6.1 An increase in the number of participants by more than 5% must be notified to the hotel no later than five working days before the start of the event; it requires the hotel’s consent, which should be given in text form. Invoicing shall be based on the actual number of participants, but at least 95% of the agreed higher number of participants. If the actual number of participants is lower, the customer has the right to reduce the agreed price by the additional expenses saved due to the lower number of participants.

6.2 A reduction in the number of participants by more than 5% should be communicated to the hotel in good time, at the latest five working days before the start of the event. Invoicing shall be based on the actual number of participants, but at least 95% of the last agreed number of participants. Clause 6.1 sentence 3 shall apply accordingly.

6.3 If the number of participants is reduced by more than 10%, the hotel is entitled to swap the confirmed rooms, taking into account any difference in the room rent, unless this is unreasonable for the customer.

6.4 If the agreed start or end times of the event are postponed and the hotel agrees to these deviations, the hotel may charge a reasonable fee for the additional readiness to perform, unless the hotel is at fault.

7 BRINGING FOOD AND BEVERAGES

The customer may not bring food and drinks to events. Exceptions require an agreement in text form with the hotel. In such cases, a reasonable contribution to cover overheads will be charged.

8 TECHNICAL FACILITIES, CONNECTIONS AND OTHER EQUIPMENT

8.1 Insofar as the hotel procures technical facilities, connections and/or other equipment from third parties for the customer at the customer’s request, it acts in the name of, on behalf of and for the account of the customer. The customer shall be liable for the careful handling and proper return of the equipment. The customer shall indemnify the hotel against all third-party claims arising from the provision of such equipment.

8.2 The use of the customer’s own electrical equipment using the hotel’s electricity network requires the hotel’s consent. 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 them. The hotel may record and charge a flat rate for the electricity costs arising from the use of such equipment.

8.3 With the hotel’s consent, the customer is entitled to use his own telephone, fax and data transmission equipment. The hotel may charge a connection fee for this.

8.4 The customer shall obtain any official permits required for the event in good time and at its own expense. He shall be responsible for compliance with public-law requirements and other regulations.

8.5 The customer shall handle the formalities and settlements required in the context of copyright-relevant processes (e.g. music performance, film screening, streaming services) with the responsible institutions (e.g. GEMA) on its own responsibility.

8.6 Faults in technical or other equipment provided by the hotel will be rectified immediately if possible. Payments may not be withheld or reduced insofar as the hotel is not responsible for these faults.

9 LOSS OF OR DAMAGE TO ITEMS BROUGHT ONTO THE PREMISES

9.1 Any exhibits or other items, including personal items, brought into the event rooms or the hotel are at the customer’s risk. The hotel accepts no liability for loss, destruction or damage, including for financial losses, except in cases of gross negligence or intent on the part of the hotel. Excluded from this are damages resulting from injury to life, limb or health. In addition, all cases in which safekeeping is a typical contractual obligation due to the circumstances of the individual case are excluded from this exemption from liability.

9.2 Decorative materials and other items brought in by the customer and their use must comply with fire protection requirements and official regulations. The hotel is entitled to demand official proof of this. If such proof is not provided, the hotel shall be 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 with the hotel in advance.

9.3 Any exhibits or other items 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 the items at the customer’s expense. If the items remain in the event room, the hotel may charge a reasonable compensation for use for the duration of the room being withheld.

10 LIABILITY OF THE CUSTOMER FOR DAMAGES

10.1 If the customer is an entrepreneur, he shall be liable for all damage to buildings or inventory caused by event participants or visitors, employees, other third parties from his area or himself.

10.2 The hotel may require the customer to provide an appropriate security deposit, for example in the form of a credit card guarantee.

11 FINAL PROVISIONS

11.1 Amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions should be made in text form. Unilateral amendments or additions are invalid.

11.2 If the customer is an entrepreneur or a legal entity under public law, the exclusive place of jurisdiction is Hamburg. However, the hotel may also choose to sue the customer at the customer’s place of business. The same applies to customers who do not fall under sentence I if they do not have their registered office or place of residence in a member state of the EU.

11.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

11.4 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”): http://ec.europa.eu/consumers/odr/ However, the hotel does not participate in dispute resolution proceedings before consumer arbitration boards.

Hamburg, June 2022 – older versions lose their validity