Terms and Conditions of the
Van der Valk Hotel Berlin Brandenburg GmbH

1. Data protection

The personal data provided in the contract, especially name, address, telephone number, bank details, which are necessary and required solely for the purpose of carrying out the resulting contractual relationship, are collected on the basis of legal permissions. For any further use of the personal data and the collection of additional information, the consent of the data subject is regularly required. In addition, the separate data protection regulations of the hotel apply.

2. Scope of application

2.01 These terms and conditions apply to all services of the hotel, in particular to the paid provision of hotel rooms, conference and banquet rooms, other premises and items, as well as to all other services and deliveries provided by the hotel to the customer in this context (hereinafter also comprehensively: hotel services).

2.02 Subletting or further rental as well as any other use of the premises for purposes other than accommodation require the prior written consent of the hotel. If the customer is not a consumer, Section 540 (1) sentence 2 of the German Civil Code (BGB) is hereby excluded.
a) Any terms and conditions of the customer are not recognized.

3. Conclusion of contract, contracting parties, statute of limitations

3.01. The contracting parties are the customer and the hotel. The customer must have reached the age of 18.
3.02. In the case of booking only a hotel room or any other individual hotel service (individual service booking), the contract is concluded by the hotel's acceptance of the booking request. The acceptance can be informal, including verbal or by telephone. A booking confirmation from the hotel in written or text form following a verbally or telephonically concluded contract only confirms the conclusion of the contract. The hotel is free to confirm the booking of the event in written form.

3.03. When booking a combination of at least two different types of travel services for the purpose of the same trip (package tour), the contract is concluded by the customer's payment of the deposit specified in the confirmation letter or by providing the customer's credit card number. Any discrepancies must be reported to the hotel no later than 14 days after receiving the contract. For last-minute bookings up to 4 weeks before arrival, confirmation is made by the customer's signature or full payment of the service amount. For group bookings or conferences and events, the contract is concluded by the customer's written confirmation of the offer.
3.04. All claims against the hotel shall generally become time-barred within one year from the statutory commencement of the limitation period. This does not apply to claims for damages and other claims, provided that the latter are based on intentional or grossly negligent breach of duty by the hotel.

Services, Prices, Payment, Offset

4.01. The hotel is obligated to provide the services ordered by the customer and promised by the hotel. If ordered rooms and/or premises are not available for any reason, the hotel is entitled and obligated to provide an equivalent replacement.

4.02. The customer is obligated to pay the prices agreed upon or applicable for these and other services provided by the hotel. This also applies to services commissioned by the customer directly or through the hotel, which are provided by third parties and advanced by the hotel. This particularly applies to claims from copyright collecting societies.

4.03. The agreed prices include the taxes applicable at the time of contract conclusion. In case of changes in the statutory value-added tax or the introduction, modification, or abolition of local charges on the subject matter of performance after contract conclusion, the prices will be adjusted accordingly. This applies only to contracts with consumers if the period between contract conclusion and contract fulfillment exceeds four months.

4.04. The prices can be changed by the hotel if the customer subsequently requests changes to the number of booked rooms, the hotel's services, or the length of stay of the guests and the hotel agrees to it.

4.05. A price increase is only effective if the customer has been informed at least 14 days before the start of the trip. The hotel will inform the customer clearly and understandably about the price increase and its reasons on a permanent data carrier, and will provide information on the calculation of the price increase. If the customer does not respond or does not do so within the specified period, the communicated price increase is considered accepted. The customer must be clearly, understandably, and prominently informed of this in the aforementioned statement regarding the price increase.

4.06. Invoices from the hotel without a due date are payable within 14 days of receipt of the invoice without deduction. The hotel is entitled to demand immediate payment of accrued claims at any time. In case of default in payment, the hotel is entitled to charge interest at a rate of 9 percentage points above the respective base interest rate or the corresponding successor interest rate of the European Central Bank. The customer reserves the right to prove a lower damage, while the hotel reserves the right to prove a higher damage.

4.07. By providing an email address, the customer agrees to receive the invoice electronically.

4.08. If no other agreements have been made regarding the hotel services, a deposit of 80% of the expected invoice amount is to be paid.

4.09. The customer can only set off or offset against a claim of the hotel with an undisputed or legally binding claim.

4.10. In case of levying a tourist tax, visitor's tax, cultural promotion fee ("bed tax"), or similar charges, these are to be paid separately by the guest according to the applicable conditions.

4.11. All payments are due in Euro. The hotel is entitled to refuse foreign currencies, checks, and credit cards. A commission of 10% will be charged for expenses and external services when settled by credit card.

4.12. For each reminder after default occurs, the customer shall reimburse the hotel for reminder costs amounting to €5.00. The customer is free to provide evidence that no costs or significantly lower costs have been incurred. In the case of customers who are not consumers, the hotel may instead assert the claim under § 288 para. 5 of the German Civil Code (BGB).

4.13. For rebookings requested by the customer, an administration fee of 20.00 € may be charged.

4.14. Commission claims must be submitted to the hotel within 30 days. If this deadline is not met, all commission claims will be forfeited.

5. Customer Cancellation (Cancellation, Rebooking, Travel Cancellation Insurance)

5.01. A withdrawal by the customer from the contract concluded with the hotel is only possible if a right of withdrawal has been expressly agreed in the contract, if there is any other statutory right of withdrawal, or if the hotel expressly agrees to the cancellation of the contract. The agreement on a right of withdrawal as well as the possible approval of a contract cancellation shall each be made in written form.

5.02. If a deadline for free cancellation of the contract has been agreed upon between the hotel and the customer, the customer may withdraw from the contract until that deadline without triggering any payment or damages claims from the hotel. The customer's right to withdraw expires if they do not exercise their right to withdraw from the contract with the hotel by the agreed deadline.

If no right of withdrawal is agreed or has already expired, there is also no statutory right of withdrawal or termination, and if the hotel does not agree to a contract termination, the hotel retains the right to the agreed compensation despite non-utilization of the service. The hotel must take into account the income from alternative rental of the rooms as well as the saved expenses. The saved expenses can be calculated in a lump sum according to sections 4.4, 4.5, and 4.6. The customer is free to prove that the claim did not arise or did not arise to the extent demanded. The hotel is free to prove that a higher claim has arisen.

5.04. If the customer cancels between the 8th and 4th week before the event date, the hotel is entitled to charge 35% of the lost food revenue in addition to the agreed rental price. For any later cancellations, 70% of the food revenue will be charged.

5.05. The calculation of the food turnover is done according to the formula: Agreed menu price x number of participants. If no price has been agreed for the menu, the cheapest 3-course menu of the currently valid event offer is used as the basis.

5.06. If a conference package per participant has been agreed upon, the hotel is entitled to invoice 60% in case of cancellation between the 8th and 4th week before the event date, and 85% in case of later cancellation, of the conference package x agreed number of participants.

5.07. Not arriving = No shows without prior cancellation will be charged at 100%.

5.08. The cancellation conditions apply to the originally booked scope of services.

5.09. In any case, the customer is allowed to provide evidence that the reasonable compensation owed to the hotel is lower than claimed.

5.10. The hotel reserves the right to demand a higher, individually calculated compensation instead of the aforementioned compensation lump sums, provided that it can prove that significantly higher expenses have been incurred than the aforementioned compensation lump sum.

5.11. The customer's statutory right, according to § 651 e BGB, to demand that a third party enters into the rights and obligations of the package travel contract instead of him, remains unaffected by the above conditions. Such a declaration must be made to the hotel at least 7 days before the start of the trip.

If a customer wishes to terminate the contract/package travel contract due to a travel defect of the type specified in § 651i para. 2 BGB, provided that it is significant, in accordance with § 651l BGB, he must first set a reasonable deadline for the hotel to remedy the situation. This does not apply if the remedy is refused or if it is necessary for the remedy.

5.13. The hotel recommends taking out travel cancellation insurance, which must be taken out immediately, but no later than 30 days before the arrival/event day. If there are less than 30 days between booking and the start of the trip, the travel insurance must be taken out no later than the 3rd working day after booking the trip.

5.14. If a deadline for free cancellation of the contract has been agreed upon between the hotel and the customer, the customer may withdraw from the contract until that deadline without triggering any payment or damages claims from the hotel. The customer's right to withdraw expires if they do not exercise their right to withdraw from the contract with the hotel by the agreed deadline.

If no right of withdrawal is agreed or has already expired, there is also no statutory right of withdrawal or termination, and if the hotel does not agree to a contract termination, the hotel retains the right to the agreed compensation despite non-utilization of the service. The hotel must take into account the income from alternative rental of the rooms as well as the saved expenses. The saved expenses can be calculated in a lump sum in accordance with sections 5.4, 5.5, and 5.6. The customer is free to prove that the claim did not arise or did not arise to the extent demanded. The hotel is free to prove that a higher claim has arisen.

5.16. The following free cancellation deadlines are currently set for room bookings:

1 room until 6:00 pm on the day of arrival
2-5 rooms up to 2 days before arrival
6-10 rooms up to 5 days before arrival.
11-20 rooms up to 15 days before arrival.
21-30 rooms up to 30 days before arrival.
31-50 rooms up to 90 days before arrival
51-100 rooms up to 120 days before arrival.
101-275 rooms up to 180 days before arrival

5.17. The following cancellation deadlines currently apply to banquet events:

Free cancellation of the entire or partial booking is possible for:
- Groups up to 30 people - up to 30 days before the event starts
- Groups up to 50 people - up to 45 days before the event starts
- Groups up to 100 people - up to 60 days before the event starts
- Groups from 101 persons - up to 90 days before the event starts

For short-term individual or complete cancellations, the following fees will be charged:
25% of the conference value up to 21 days before the event starts.
50% of the conference fee up to 14 days before the event starts.
75% of the conference value up to 7 days before the event starts.
100% of the conference value from 6 days before the start of the event.
The group size is defined based on the number of participants reported at the time of booking.

6. Cancellation of the hotel
6.01. If it has been agreed that the customer can withdraw from the contract free of charge within a certain period, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers for the event rooms booked under the contract and the customer, upon request from the hotel with a reasonable deadline, does not waive his right to withdraw.

6.02. If an agreed advance payment is not made even after a reasonable grace period set by the hotel with a threat of rejection has expired, the hotel is also entitled to withdraw from the contract.

Furthermore, the hotel is entitled to withdraw from the contract if unavoidable, exceptional circumstances make it impossible to fulfill the contract at the event location Blankenfelde-Mahlow; rooms or events were booked under misleading or false information of essential facts, e.g. in the person of the customer or the purpose, or if the hotel has justified reason to believe that the use of hotel services could jeopardize the smooth operation of the business, the safety, or the reputation of the hotel in the public eye, without this being attributable to the hotel's sphere of control or organization.

6.04. If an agreed advance payment for a single service booking is not made even after a reasonable grace period set by the hotel with a threat of rejection has expired, the hotel is also entitled to withdraw from the contract. Claims for damages by the hotel remain unaffected in this case.

6.05. The hotel is entitled to withdraw from the contract in the case of exceptional and unavoidable circumstances, especially in the event of force majeure (such as war, terrorism, terrorist threat, sabotage, natural disasters), labor disputes, a pandemic, or unavoidable legal/regulatory measures that do not have to be issued directly to the hotel.

6.06. A claim for damages by the customer is excluded in case of justified cancellation by the hotel.

7. Provision, handover, return of premises

7.01. The customer does not acquire any claim to the provision of specific
Room/facilities, unless expressly agreed otherwise.

7.02. Booked rooms are available to the customer from 3:00 pm on the day of arrival. They must be vacated by 11:00 am on the day of departure at the latest. In case of later departure after 11:00 am, the hotel reserves the right to charge additional costs.

7.03. Unless a later arrival time has been expressly agreed, the hotel has the right to reassign booked rooms after 6:00 pm without the customer being able to derive any claim from this.

The hotel only has non-smoking rooms. Therefore, smoking is prohibited in both public areas and these guest rooms. The hotel has set up separate locations for smoking in some areas. In case of violation, the hotel has the right to demand from the guest a compensation of 150.00 € for the separately incurred cleaning costs, including any loss of revenue from not being able to rent out the room. This compensation amount may be set higher or lower if the hotel proves a higher damage or the customer proves a lower damage.

7.05. The hotel also offers rooms where pets are allowed. A pet fee is charged per night/per pet. It is forbidden to accommodate pets in the hotel without prior notification. If it is found after departure that the room used is in a state that requires significant additional cleaning effort, the hotel may charge the customer for this extra cleaning.

7.06. After the conclusion of the contract, the customer has no right to request changes regarding the travel date, location, or similar (rebooking). This does not apply to package tours if the rebooking is necessary because the hotel has not provided, provided insufficient, or incorrect pre-contractual information to the customer in accordance with Article 250 § 3 of the Introductory Act to the German Civil Code (EGBGB); in this case, rebooking is possible free of charge.

If the customer does not use individual travel services during a package tour, for which the hotel was ready and able to provide in accordance with the contract, due to reasons attributable to the customer, he is not entitled to a partial refund of the travel price, unless such reasons would have entitled him to a free cancellation or termination of the travel contract according to legal provisions. The hotel will seek reimbursement of saved expenses from the service providers. This obligation does not apply if the expenses are completely insignificant.

8. Parking lot usage

8.01. The customer is obliged to observe the care required in traffic. In particular, the special traffic rules and safety regulations posted in the parking area must be observed. Instructions from hotel staff that serve safety or concern house rules must always be followed immediately. Otherwise, the provisions of the Road Traffic Regulations apply accordingly.

8.02. Vehicles may only be parked within the marked parking spaces, but not in the spaces reserved for handicapped customers by signs. The hotel is entitled to relocate or have incorrectly parked vehicles relocated at the customer's expense. For this, the hotel may charge a flat fee; in this case, the customer can prove that the costs did not arise or are significantly lower than the flat fee.

8.03. The hotel is also authorized to remove the customer's vehicle from the parking area in case of imminent danger.

8.04. Each customer is advised to always carefully lock their vehicle upon leaving and not to leave any valuables behind.

8.05. The following safety and order regulations apply:
- In the park area, only driving at walking speed is allowed.
- In the park area, smoking and the use of fire are not allowed.
the storage of operating materials, operating material containers, and flammable objects, the unnecessary running of engines,
Parking vehicles with leaky tanks or carburetors,
refueling, repairing, washing, interior cleaning of vehicles, draining coolant, operating fluids or oils, distributing advertising material.

8.06. The stay in the parking area is only permitted for the purpose of parking, loading and unloading, as well as picking up vehicles.

8.07. The customer must immediately remove any contaminations caused by him.

9. Liability of the hotel

9.01. The hotel is liable for damages caused by it resulting from injury to life, body, or health. Furthermore, the hotel is liable for other damages that are based on intentional or grossly negligent breach of duty by the hotel, and damages resulting from intentional or negligent breach of contractual obligations typical for the contract. Contractual obligations are those obligations that enable the proper performance of the contract and on whose fulfillment the customer relies and may rely. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise regulated in this clause 8.

In package tours, the liability of the hotel for damages that are not bodily injuries and were not caused intentionally is limited to three times the travel price. Possible claims beyond this based on international agreements or legal provisions derived from them remain unaffected by the limitation.

9.03. Items left behind by the customer will only be forwarded upon request, at the customer's expense and risk. The hotel will keep the items for 6 months and charge a reasonable fee.

9.04. If a parking space is provided to the customer in the hotel parking lot, even for a fee, this does not constitute a contract of safekeeping. The hotel is not liable for loss or damage to motor vehicles parked or maneuvered on the hotel premises, including their contents, except in cases of intent or gross negligence. This also applies to the hotel's agents.

9.05. Wake-up calls are carried out by the hotel with the utmost care. Claims for damages, except in cases of gross negligence or intent, are excluded.

9.06. Messages, mail, and parcels for the guests are handled with care. The hotel takes care of delivery, storage, and - upon request - forwarding of the same for a fee. Claims for damages, except in cases of gross negligence or intent, are excluded.

9.07. The hotel is liable for items brought in by the customer according to legal regulations. It is recommended to use the hotel safe or room safe. If the customer wants to deposit money, securities, and valuables with a total value of more than €1,000.00 or other items with a total value of more than €3,500.00, a separate storage agreement must be made with the hotel.

9.08. The hotel is not liable for disruptions in services, personal and property damages that have arisen in connection with third-party services merely arranged by the hotel. Another condition for an exclusion of liability is that these services were clearly identified by name and address of the contracting partner providing the third-party service, in such a way that they are recognizably not part of the package tour and were selected separately. Sections 651b, 651c, 651w, and 651y of the German Civil Code (BGB) remain unaffected by this. However, the hotel is liable if and to the extent that a breach of duty to inform, enlighten, and organize was causative for a customer's damage.

9.09. A surcharge will be applied to external services arranged or billed by the hotel. The hotel is not liable for services provided by third parties and therefore assumes no responsibility.

9.10. The hotel only undertakes, upon request and subject to availability, the free transportation of persons and luggage. Liability for personal and property damage is limited to the coverage obligation under statutory motor vehicle insurance. Liability for luggage loss and transport delays is fully excluded. However, the hotel expressly reserves the right to offer transport services such as luggage service, shuttle service, etc., for a fee.

10. Assertion of claims/ Information on consumer dispute resolution

10.01. The customer must assert claims against the hotel in accordance with §§ 651i para. 3 nos. 2, 4 - 7 of the German Civil Code.

10.02. The hotel informs that it does not participate in voluntary consumer dispute resolution in accordance with the Consumer Dispute Resolution Act.

11. Special instructions for events

11.01. These special terms and conditions for clause 10 apply to contracts for the paid provision of conference, banquet, event rooms, and other premises of the hotel for the execution of events of all kinds, as well as for all related services and deliveries, and modify the other general terms and conditions of the hotel. If no modified regulations regarding events have been made for this clause 9, the regulations of the other general terms and conditions of the hotel apply.

The customer is responsible as the organizer to obtain all necessary official permits/licenses for the event in a timely manner at their own expense and initiative, and to pay any fees and costs (e.g. GEMA) directly to the relevant authority. The customer is also responsible for complying with the conditions attached to these permits/licenses and observing all other public law regulations related to the event, even if this affects the rights of third parties, such as copyrights. If any claims are nevertheless made against the hotel, the customer shall indemnify the hotel against the claimants.

The customer is obliged to inform the hotel without being asked, at the latest when the contract is concluded, if the event, due to its political, religious, or other nature, is likely to endanger the smooth operation of the business, the security, or the reputation of the hotel in public.

11.04. Newspaper advertisements, public or political invitations, as well as sales events require the explicit prior written consent of the hotel. The hotel has the right to cancel the event if the publication affects essential interests of the hotel, as well as the interests of the entire van der Valk Hotel Group, or if 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 establishment or company, as well as that of other business partners and guests. The hotel has the right to cancel the event based on serious concerns alone. Customers are not entitled to any claims for damages as a result.

If fewer participants than those specified by the customer in the booking take part in the event, the customer is not entitled to reduce the agreed event price. If the number of participants is greater than the agreed number of participants, the hotel is entitled to invoice according to the actual number of participants.

11.06. Changes to the room, especially due to a different number of participants, are expressly reserved for the hotel, provided that this is reasonable for the customer taking into account their interests.

11.07. Soweit das Hotel für den Kunden technische oder sonstige Einrichtungen von Dritten beschafft, handelt sie im Namen, in Vollmacht und auf Rechnung des Kunden. Der Kunde haftet für die pflegliche Behandlung und die ordnungsgemäße Rückgabe dieser Einrichtungen. Er stellt das Hotel von sämtlichen Ansprüchen Dritter aus der Überlassung dieser Einrichtungen bzw. der entsprechenden Geschäftsbesorgung frei. Die Verwendung von eigenen elektrischen Anlagen des Kunden unter Nutzung des Stromnetzes des Hotels bedarf dessen Zustimmung. Durch die Verwendung dieser Geräte auftretende Störungen oder Beschädigungen an den technischen Anlagen des Hotels gehen zu Lasten des Kunden, soweit das Hotel diese nicht zu vertreten hat. Die durch die Verwendung entstehenden Stromkosten darf das Hotel pauschal erfassen und berechnen. Der Kunde ist mit Zustimmung des Hotels berechtigt, eigene Telefon-, Telefax- und Datenübertragungseinrichtungen zu benutzen. Dafür kann das Hotel eine Anschlussgebühr verlangen. Störungen an vom Hotel zur Verfügung gestellten technischen oder sonstigen Einrichtungen werden nach Möglichkeit umgehend beseitigt. Zahlungen können nicht zurückbehalten oder gemindert werden, soweit das Hotel diese Störungen nicht zu vertreten hat.

11.08. If the agreed start and end times of the event change, the hotel is entitled to charge additional costs for the provision of services.

The customer is only allowed to bring food and drinks for the participants with prior explicit written approval from the hotel. In this case, however, a service fee will be charged.

11.10. For events that continue past midnight, the hotel may, unless otherwise agreed, make a billing based on individual proofs; unless the agreed compensation already includes a duration beyond midnight.

11.11. Additional services that become useless as a result of cancellation are to be compensated in any case. The customer is liable for losses or damages caused by themselves, their employees, other assistants, as well as by the event participants. It is the customer's responsibility to possibly take out appropriate insurance and to provide evidence of this upon request by the hotel. The hotel may request the customer to provide an adequate security deposit, for example in the form of a credit card guarantee.

To prevent damage, the attachment of decorative materials or other objects is only permitted with the written consent of the hotel. This material must be removed immediately after the event. If the customer fails to do so, the hotel may remove and store it at the customer's expense. If the items remain in the event room, the hotel may charge a reasonable compensation for the duration of withholding the room.

12. Final provisions

Should individual provisions of the contract established between the hotel and the customer and/or the above General Terms and Conditions or parts thereof be or become invalid or unenforceable, the validity or enforceability of the remaining provisions as well as the contract and conditions as a whole shall not be affected thereby. The invalid or unenforceable provisions shall be replaced by the parties with valid and enforceable provisions that are as close as possible to the invalid or unenforceable provisions and correspond as closely as possible to the economic purpose pursued by the parties with the invalid or unenforceable provisions. The same applies in the event of an unintended regulatory gap.

12.02. Changes or additions to the contract, the acceptance of the offer, or these terms and conditions for hotel accommodation shall be made in writing. Unilateral changes or additions by the customer are ineffective.

12.03. Place of performance and payment as well as exclusive place of jurisdiction - also for disputes arising from checks and bills of exchange - is Blankenfelde-Mahlow in commercial transactions. If a contracting party meets the requirements of § 38 paragraph 2 ZPO and does not have a general place of jurisdiction in the country, Blankenfelde-Mahlow shall be deemed as the place of jurisdiction.

12.04. German law applies. The application of the UN Sales Law and conflict of laws is excluded.

The use or mention of the hotel and its affiliated parts in connection with promotional activities of the business partner requires written approval from the management.

Version August 2020