General terms and conditions of business

General Terms and Conditions for the Hotel Accommodation Contract (AGBH 8.0) dasPAUL & Aparthotel by dasPAUL & Oldtown Studios by dasPAUL & Riverview Apartments by dasPAUL

>> is operated by RSE Gastro GmbH, Am Gewerbepark 4, 90552 Röthenbach ad Pegnitz, Germany <

1 Scope

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

Hotel rooms for accommodation and all services provided to the customer in this context

other services and deliveries of the hotel (hotel accommodation contract). The term

“Hotel Accommodation Contract” includes and replaces the following terms: Accommodation, Guest Accommodation,

Hotel, hotel room contract.1.2 The subletting or further rental of the rooms provided as well as their use for other

than accommodation purposes require the prior consent of the hotel in text form, whereby §

540 paragraph 1 sentence 2 BGB is waived, provided that the customer is not a consumer within the meaning of Section 13

BGB.1.3 The customer’s general terms and conditions shall only apply if this has been agreed

expressly agreed in writing.

2 Conclusion of contract, partner, limitation period

2.1 The contracting parties are the hotel and the customer. The contract is concluded by the acceptance of the

The hotel is free to cancel the room booking in

to confirm in text form.



2.2 All claims against the hotel shall generally expire within one year from the statutory

Start of limitation period.

This does not apply to claims for damages and other claims, provided that the latter are based on a

intentional or grossly negligent breach of duty by the hotel.

3 Conclusion of contract, partner, limitation period

3.1 The hotel is obliged to keep the rooms booked by the customer available and to

to provide the agreed services.

3.2 The customer is obliged to pay the costs for the room rental and the services used by him.

agreed or applicable prices of the hotel for any additional services taken. This applies

also for services ordered by the customer directly or through the hotel, which are provided by third parties

and are paid for by the hotel.

3.3 The agreed prices include the VAT applicable at the time of conclusion of the contract.

applicable taxes and local levies. Not included are local levies that are levied after

are owed by the guest himself according to the respective municipal law, such as tourist tax.

In the event of a change in the statutory sales tax or the introduction, modification or abolition of

local taxes on the service object after conclusion of the contract, the prices will be adjusted accordingly

adjusted.

In the case of contracts with consumers, this only applies if the period between conclusion of the contract and

Contract performance exceeds four months.

3.4 The hotel may withdraw its consent to a subsequent change requested by the customer.

Reduction in the number of rooms booked, the hotel's performance or the length of stay

of the customer dependent on the price for the rooms and/or for the other

Hotel services increased accordingly.

3.5 Hotel invoices are due for payment immediately upon receipt without deduction. If payment

agreed on invoice, payment shall be made - unless otherwise agreed -

within ten days of receipt of the invoice without deduction.

3.6 The hotel is entitled to request an appropriate advance payment from the customer upon conclusion of the contract.

or security, for example in the form of a credit card guarantee. The amount of

Advance payment and payment dates can be agreed in the contract in writing.

Advance payments or security deposits for package tours remain the statutory

Provisions remain unaffected.

If the customer defaults on payment, the statutory provisions apply.

3.7 In justified cases, for example, if the customer is in arrears with payment or if the

the scope of the contract, the hotel is entitled, even after conclusion of the contract until the beginning of the stay

an advance payment or security within the meaning of paragraph 3.6 above or an increase

the advance payment or security agreed in the contract up to the full agreed

to demand compensation.

3.8 The hotel is also entitled to request a deposit from the customer at the beginning and during the stay.

appropriate advance payment or security within the meaning of paragraph 3.6 above for

to demand existing and future claims arising from the contract, insofar as such

has already been paid in accordance with clause 3.6 and/or clause 3.7 above.

3.9 The customer can only assert an undisputed or legally binding claim against a

Set off or offset the hotel’s claim.



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

can be transmitted.

4 Withdrawal by the customer (cancellation) / non-use of the hotel’s services (no show)

4.1 The customer may only withdraw from the contract concluded with the hotel if

a right of withdrawal was expressly agreed in the contract, a statutory right of withdrawal exists

or if the hotel expressly agrees to the cancellation of the contract.

4.2 If a date for free withdrawal from the contract has been agreed between the hotel and the customer

agreed, the customer can withdraw from the contract until then without payment or

To trigger claims for damages by the hotel.



4.3 If a right of withdrawal has not been agreed or has already expired, there is no legal

Right of withdrawal or termination and the hotel does not agree to a cancellation of the contract, the

Hotel is entitled to the agreed remuneration despite non-use of the service.

Hotel has the income from other rentals of the rooms as well as the saved

expenses to be offset.

If the rooms are not rented to other parties, the hotel can deduct the saved

In this case, the customer is obliged to pay 90% of the contractually agreed

agreed price for overnight stay with or without breakfast and for package arrangements with

Third party services, 70% for half board and 60% for full board arrangements.

Customers are free to provide evidence that the aforementioned claim is not or not in the required

height was created.

5 Cancellation by the hotel

5.1 If it has been agreed that the customer will be entitled to withdraw from the contract free of charge within a certain period of time.

the contract, the hotel is entitled to withdraw from the contract during this period.

to withdraw if other customers request the contractually booked rooms

and the customer, upon request by the hotel, has the right to withdraw within a reasonable period of time

This applies accordingly when granting an option if other requests

and the customer does not respond to the hotel's request within a reasonable period of time to the fixed

Booking is ready.

5.2 If an advance payment agreed or requested in accordance with clause 3.6 and/or clause 3.7 or

Security deposit is not required even after expiry of a reasonable grace period set by the hotel.

the hotel is also entitled to withdraw from the contract.

5.3 Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons

to resign extraordinarily, in particular if

force majeure or other circumstances beyond the hotel's control make it impossible to fulfil the contract; rooms or spaces are booked negligently using misleading or false information or by concealing essential facts; the identity of the customer, ability to pay or the purpose of the stay can be important in this case; the hotel has reasonable grounds to believe that the use of the service could endanger the smooth running of the business, the security or the public reputation of the hotel, without this being attributable to the hotel's sphere of control or organisation; the purpose or reason for the stay is illegal; there is a violation of section 1.2 above.

5.4 The justified withdrawal of the hotel does not give rise to any claim by the customer to

Damages.

6 Room booking, handover and return

6.1 The customer does not acquire any right to the provision of specific rooms, as far as this

has not been expressly agreed in writing.



6.2 Booked rooms are available to the customer from 3:00 p.m. on the agreed arrival day.

The customer has no right to earlier provision.

6.3 On the agreed departure day, the rooms must be vacated by 12:00 noon at the latest for

After this, the hotel may charge a fee for late departure from the room.

The use of the room beyond the contract until 6:00 p.m. will incur 50% of the full accommodation price (price according to

Price list), from 6:00 p.m. 90%. Contractual claims of the customer will be

The hotel is free to prove that the hotel has no or a significantly

a lower claim for usage fee has arisen.

7 Liability of the hotel

7.1 The hotel is liable for damages for which it is responsible resulting from injury to life,

body or health. Furthermore, it is liable for other damages resulting from intentional

or grossly negligent breach of duty by the hotel or due to an intentional or

negligent breach of contractual obligations of the hotel. Contractual obligations

Obligations are those obligations which are necessary for the proper execution of the contract.

and on whose fulfillment the customer relies and may rely. A breach of duty

of the hotel is equivalent to that of a legal representative or vicarious agent. Further

Claims for damages are excluded unless otherwise provided in this Section 7.

Should any disruptions or deficiencies occur in the hotel's services, the hotel will, upon knowledge

or, upon immediate notification by the customer, endeavour to remedy the situation. The customer is

obliged to do what is reasonable to remedy the fault and to avoid a possible

To minimize damage.

7.2 The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions.

The hotel recommends using the hotel or room safe. If the customer has money, securities

and valuables with a value of more than 800 euros or other items with a value of

If you wish to contribute more than 3,500 euros, this requires a separate

Storage agreement with the hotel.

7.3 If the customer is offered a parking space in the hotel garage or on the hotel car park, even against

fee, no custody agreement is concluded.

Loss or damage to vehicles parked or maneuvered on the hotel premises

The hotel is only liable for motor vehicles and their contents in accordance with the above paragraph 7.1,

Sentences 1 to 4.



7.4 Wake-up calls will be carried out by the hotel with the utmost care.

Messages for customers will be treated with care. The hotel can, after prior

In agreement with the customer, the acceptance, storage and - if requested - the

The hotel is only liable for forwarding mail and goods after

Subject to the above paragraph 7.1, sentences 1 to 4.

8 Final provisions

8.1 Changes and additions to the contract, the acceptance of the application or

of these General Terms and Conditions must be made in writing. Unilateral changes or

Supplements are ineffective.

8.2 Place of performance and payment as well as exclusive place of jurisdiction - also for cheques and

Bill of exchange disputes - in commercial transactions is Nuremberg. If the customer

The requirement of Section 38 Paragraph 2 of the Code of Civil Procedure is met and does not have a general place of jurisdiction in Germany,

The place of jurisdiction is Nuremberg.

8.3 German law applies. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.



8.4 In accordance with the legal obligation, the hotel points out that the European

Union an online platform for the out-of-court settlement of consumer disputes

Disputes ("OS Platform"): http://ec.europa.eu/consumers/odr/

The hotel undertakes to participate. Further information on the OS platform, see Art. 14 para. 2

ODR Regulation.