General terms and conditions (hereinafter “Terms and conditions”) the Aletto Hotels (Aletto Hotel Kudamm & Aletto Hotel Potsdamer Platz), as of 01/2024‍

‍1. Scope of application (AGB)

a. These terms and conditions apply to all contracts for the rental of hotel rooms for accommodation and all other services and supplies provided to the customer by the following hotels:

aletto Hotel Kudamm — aletto Kudamm GmbH, Hardenbergstr. 21, 10623 Berlin, Germany

Aletto Hotel Potsdamer Platz — aletto Potsdamer Platz GmbH, Luckenwalderstr. 12—14, 10963 Berlin, Germany

(hereafter “Hotel” or “Hotels” called)

b. Sublet or re-let the rooms provided and use them for purposes other than accommodation purposes is generally prohibited and requires the prior written consent of the hotel. The right of termination in accordance with Section 540 paragraph 1 sentence 2 BGB is waived insofar as the customer is not a consumer within the meaning of Section 13 BGB.

c. The validity of deviating or supplementary terms and conditions of the customer is excluded, even if the hotel does not expressly object to them; these terms and conditions apply exclusively.

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2. Conclusion of contract, partner; statute of limitations:

a. The contract is concluded when the hotel accepts the customer's request. If the hotel makes a binding offer to the customer, the contract is concluded through the timely acceptance of the hotel offer by the customer. The hotel is free to confirm the room booking in text form.
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b. The parties to the contract are the respective hotel and the customer. If a third party has ordered for the customer, he and the customer are jointly and severally liable to the hotel for all obligations arising from the contract, provided that the hotel has a corresponding declaration from the third party.
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c. If the contract only includes accommodation with or without breakfast, half board and/or full board (accommodation contract), the following also applies:
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All claims made by the customer against the hotel, with the exception of claims for damages, expire one year from the start of the legal limitation period. Claims for damages by the customer against the hotel expire five years from the start of the legal limitation period, unless they are based on injury to life, limb, health or freedom. The above limitations do not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

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3. Services, prices, payment, offsetting:

a. The hotel is obliged to keep the rooms booked by the customer ready and to provide the agreed services.
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b. The customer is obliged to pay the prices owed by him in accordance with the contract for the provision of rooms and the other services used by him. This also applies to third-party services initiated by the customer or expenses of the hotel to third parties.

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c. The agreed prices include sales tax at the legal rate at the time the contract is concluded. If there is a higher statutory sales tax rate during the booking period than at the time the contract was concluded, the hotel may adjust the contractually agreed prices in accordance with this increase. If the customer is a consumer within the meaning of § 13 BGB, this only applies if the period between conclusion of the contract and the start of the booking period exceeds four months.
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If the customer is not a consumer within the meaning of § 13 BGB and acts as an intermediary (such as tour operator) with regard to the booking, the following also applies: If and to the extent that the agreed booking period is more than four months after the conclusion of the contract and, after the conclusion of the contract, unforeseeable cost increases for which the hotel is not responsible have occurred, the hotel shall also, at reasonable discretion, Passing on higher costs through a corresponding pro rata increase in agreed prices are justified.
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If the customer is not a consumer within the meaning of § 13 BGB and does not act as an intermediary with regard to the booking, the following also applies: If, after the conclusion of the contract, there are unforeseeable increases in costs for which the hotel is not responsible, the hotel is also entitled, at its reasonable discretion, to pass on the higher costs by increasing the agreed prices on a proportionate basis.
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d. Since 01.01.2014, Berlin has had a city tax of 5% on the accommodation price. People who travel for work reasons are currently excluded from this tax. The same applies to school and class trips that are approved by the school management and comply with the implementing regulations of the Berlin Senate Department for Education, Youth and Science on school events. Appropriate proof is required for this. Without this proof, the city tax in the case of accommodation contracts is calculated by the hotel and the customer must pay this in addition to the agreed price.
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e. The hotel may make its consent to a subsequent reduction in the number of booked rooms requested by the customer, a reduction in the hotel's service and/or a reduction in the length of stay of the customer subject to an increase in the price for the remaining rooms and/or for the remaining other services provided by the hotel.
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f. The customer must pay the total price owed in accordance with the contract plus any paid city tax in accordance with section 3 lit. d. of these terms and conditions minus any deposit already paid by him at the latest upon arrival. For bookings with an invoice of more than 1,000€, a deposit of 30% is required before arrival. Subsequent payment on account is only possible with the written consent of the hotel and, insofar as payment is to be made by a third party, upon presentation of a declaration of reimbursement of costs.
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g. Hotel invoices without a due date are payable in full within ten calendar days of receipt of the invoice. If the customer defaults on payment, the hotel is entitled to charge the applicable statutory default interest. The hotel reserves the right to prove and claim higher damages.
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h. In justified cases, e.g. if the customer defaults on payment, the hotel is entitled to refuse to provide further services.
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i. Chargeback costs incurred by the hotel are borne by the customer insofar as the customer is responsible for the need for the return debit.
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j. The customer can only offset an undisputed or legally established claim against a claim from the hotel.
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k. For groups of 12 people and/or 10 rooms or more, unless otherwise agreed, an initial deposit of 30% of the total booking price is due immediately after confirmation of the booking. Unless otherwise agreed, the remaining amount is due as a deposit no later than 30 days before arrival without further payment request from the hotel. For group bookings within 8 weeks before arrival, the full booking price is due as a deposit in full immediately after booking confirmation.

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4. Withdrawal by the customer (cancellation), failure to use the booked hotel services (no-show, no-show):

4.1 Individual travelers (less than 12 people or less than 10 rooms):

In the case of accommodation contracts for (i) individual travelers or (ii) groups of less than 12 people and less than 10 rooms, unless otherwise agreed in writing, the following cancellation conditions apply:
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Unless one of the following exceptions applies, the customer can cancel the entire booking free of charge until 18:00 on the agreed day of arrival.
• The customer can only cancel bookings during events and/or trade fair times in Berlin free of charge up to 28 days before the latest possible arrival (i.e. 18:00 (or a later date agreed in text form) of the agreed day of arrival) if the customer was notified of this limited cancellation right when booking.
• Discounted bookings offered by the hotel with the addition “non-refundable” cannot be canceled free of charge by the customer
• The cancellation of the booking by the customer must be made in writing to be effective.
• If the customer does not make use of the booked rooms on the agreed day of arrival no later than 18:00 (or a later date agreed in writing) of the agreed arrival date without having exercised any free cancellation right or a legal right of withdrawal in good time, the hotel remains entitled to the agreed remuneration despite failure to use the service. However, the hotel has the income from any rental of the booked rooms to another person and
offset any saved expenses. If the booked rooms are not rented out elsewhere by the hotel, the hotel may lump sum the deduction for saved expenses in the form that the customer is obliged to pay 90% of the agreed total booking amount if booking an overnight stay without breakfast and 80% of the agreed total booking amount if booking an overnight stay with breakfast.
The customer is free to prove that the hotel did not suffer any damage or that the damage suffered by the hotel is lower than the relevant aforementioned lump sum.
 

4.2 Groups of 12 people and/or 10 rooms:

In the case of accommodation contracts for groups of 12 people and/or 10 rooms, unless otherwise agreed in writing, the following cancellation conditions apply:

• The customer can cancel the entire booking free of charge up to 60 days before the latest possible arrival (i.e. 18:00 (or a later time agreed in text form) on the agreed day of arrival). If the booking is booked less than 60 days before the latest possible arrival, the customer cannot cancel the booking free of charge.
• The cancellation of the booking by the customer must be made in writing to be effective.
• If the customer does not make use of the booked rooms on the agreed date of arrival no later than 18:00 (or a later date agreed in writing) of the agreed day of arrival without having exercised any free cancellation right or any legal right of withdrawal in good time, the hotel remains entitled to the agreed payment despite failure to use the service. However, the hotel must offset the income from renting out the booked rooms and any saved expenses. If the booked rooms are not rented out elsewhere, the hotel can lump sum the deduction for saved expenses. In this case, the customer is obliged to pay cancellation fees in accordance with the following conditions:

a. Cancellation 59 to 30 days before the latest possible arrival: 30% of the agreed total booking amount

b. Cancellation 29 to 7 days before the latest possible arrival: 50% of the agreed total booking amount

c. Cancellation 6 to 1 day (s) before the latest possible arrival: 80% of the agreed total booking amount

d. In the event of a cancellation on the agreed date of arrival or a no-show without prior cancellation, 90% of the agreed total booking amount will be charged.

• The customer is free to prove that the hotel did not suffer any damage or that the damage suffered by the hotel is lower than the relevant aforementioned lump sum.
• If the actual number of participants is more than 10% (rounded up) below the agreed number of participants, the above cancellation fees apply to the additional, unused bed places.

4.3. Seminar rooms/conference services:

In the case of contracts for booking seminar rooms and/or conference services from the hotel, unless otherwise agreed in writing, the following cancellation conditions apply:

• The customer can cancel the entire booking free of charge up to 7 days before the agreed start of services by the hotel.
• If the hotel cancels 6 to 2 days before the agreed start of services, the customer must pay a cancellation fee of 30% of the agreed booking amount.
• In the event of cancellation from 1 day before the agreed start of services by the hotel or failure to use the booked services by the customer without having exercised any legal right of withdrawal in good time, the customer must pay a cancellation fee of 60% of the agreed booking amount.
• The customer is free to prove that the hotel did not suffer any damage or that the damage suffered by the hotel is lower than the relevant aforementioned lump sum.
• The cancellation of the booking by the customer must be made in writing to be effective.
• The cancellation conditions for any rooms booked by the customer at the same time in accordance with clauses 4.1 and 4.2 of these terms and conditions remain unaffected.

5. Withdrawal by the hotel

a. If an agreed advance payment is not made even after a reasonable grace period set by the hotel has elapsed, the hotel is entitled to withdraw from the contract.

b. In addition, the hotel is entitled to withdraw from the contract for factually justified reasons, e.g. in the following circumstances: The customer books rooms or other services with misleading or false information of essential facts, e.g. in the person of the customer or the purpose of the booking; the hotel has reasonable reason to believe that the use of hotel services ensures smooth business operations, security or may jeopardize the public image of the hotel without this affecting the government, is attributable to the organizational or risk-bearing area of the hotel.

c. If the hotel is justified in withdrawing from the contract, the customer is not entitled to compensation.

d. If the booked room (s) is not available for which the hotel is not responsible, the hotel reserves the right to rebook the customer to another hotel within the same city, taking into account the booked room standard, and to inform the customer about this. In this case, the customer has the right to withdraw from the contract free of charge.

6. Room provision, handover and return, other hotel stay conditions:

a. The customer is not entitled to the provision of specific rooms unless this has been expressly agreed in writing.

b. For group bookings of 12 people or 10 rooms with accommodation in shared rooms, the hotel will determine the numerical breakdown of the guests, unless the hotel has confirmed the provision of certain rooms in text form.

c. Booked rooms are available to the customer (unless otherwise agreed in writing) from 15:00 on the agreed day of arrival. The customer is not entitled to earlier provision of the booked rooms.

d. Unless a later date has been agreed in writing, booked rooms must be used by the customer no later than 18:00 on the agreed day of arrival (check-in). The hotel has the right to reallocate booked rooms after 18:00 (or any later date agreed in writing) without the customer being able to derive compensation claims from this. With regard to the hotel's compensation claim, the provisions in paragraph 4 of these terms and conditions apply mutatis mutandis.

e. On the agreed departure date, the customer will have the hotel's rooms at the latest
- for individual travelers or groups of less than 12 people and less than 10 rooms at 11:00
- for groups of 12 people and/or 10 rooms at 10:30
to provide vacant space. After that, the hotel can charge 50% of the valid daily lodging price for the additional use of each room until 15:00, and 100% after 15:00. Contractual claims by the customer for use after an agreed eviction period are not justified as a result. The customer is free to prove to the hotel that the hotel has suffered no or significantly lower damage. In addition, the hotel reserves the right to prove and claim higher damages or further damages.

f. For groups of 12 people and/or 10 rooms, the customer must provide the hotel with a list of all participants with their full name and date of birth at the latest upon arrival.

g. If the total number of guests exceeds the contractually agreed number of persons, the additional guests are not entitled to accommodation.

h. Minors may only stay in rooms used exclusively by the customer's guests if accompanied by at least one legal guardian. This regulation does not apply to group travelers accompanied by an adult authorized by the legal guardian.

i. Pets must be notified to the hotel in advance in writing; their accommodation is chargeable and requires the hotel's prior written consent. The hotel may refuse to accommodate animals. It is not allowed to bring animals into the dining rooms. Pets (if approved by the hotel) or large medical devices are only allowed in rooms used exclusively by the customer.

7. Liability of the hotel

a. The hotel is liable for its obligations under the contract as follows:

i. For the breach of essential contractual obligations, the hotel is liable limited to the damage typically foreseeable at the time of conclusion of the contract. The hotel is not liable for breaches of non-essential contractual obligations. An essential contractual obligation exists in particular when its fulfilment enables the proper execution of the contract in the first place and on whose compliance the customer regularly trusts and may rely, such as the provision of rooms.

ii. The above limitation of liability does not apply in the event of damage caused intentionally or grossly negligent, in the event of culpable injury to life, limb or health, as well as to liability under the Product Liability Act and in the event of further mandatory liability. Furthermore, it does not apply if and to the extent that the hotel has accepted a guarantee.

iii. The hotel's liability for items brought in is governed by section 7 lit. b of these terms and conditions.

Should faults or deficiencies occur in the hotel's services, the hotel will endeavour to remedy the situation upon becoming aware of or immediately complaining from the customer. The customer is obliged to do what is reasonable to rectify the fault and to keep potential damage to a minimum.

b. The hotel is liable to the customer for items brought in in in in in accordance with legal provisions. Thereafter, the hotel is only liable up to an amount equal to one hundred times the accommodation price for one day, but at least up to the amount of EUR 600.00 and up to a maximum of EUR 3,500.00; for money, securities and valuables, the amount of EUE 800.00 takes the place of EUR 3,500.00 euros. The hotel recommends using in-room safes. The above liability limits do not apply insofar as the liability of the hotel is unlimited in accordance with § 702 (2) BGB, for example due to the fault of the hotel.

c. The use of equipment and facilities in leisure areas is at the customer's own risk.

d. Insofar as a parking space is made available to the customer in the hotel garage or in a hotel parking lot, even for a fee, no custody contract is concluded as a result. If motor vehicles parked or shunted on the hotel property and their contents are lost or damaged, the hotel is only liable in accordance with section 7 lit. a of these terms and conditions above.

e. Messages, mail and shipments of goods for guests are handled with care by the hotel. The hotel will deliver, store and — at the customer's request — send them for a fee. Lost property is kept by the hotel for a period of six months and, upon request from the customer, will be returned for a fee.

8. Final provisions:

a. Amendments and additions to the contract and/or these terms and conditions must be made in writing. This also applies to an amendment to this written form requirement.
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b. The place of fulfilment and payment is the seat of the hotel.
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c. If the customer is a merchant, a legal entity under public law or a special fund under public law, Berlin is the exclusive place of jurisdiction for all disputes arising from or in connection with the contract.
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d. If the customer is a consumer and has no general place of jurisdiction in Germany, Berlin, Germany, is the exclusive place of jurisdiction for all disputes arising from or in connection with the contract.
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e. These terms and conditions and the contract are subject to German law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
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f. Should individual provisions of the contract and/or these terms and conditions be or become invalid or void, this shall not affect the effectiveness of the remaining provisions.
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g. Consumer information in accordance with the Consumer Dispute Resolution Act (VSBG): Hotels are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
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h. The aletto Hotels dissociate themselves in every respect from radicalism, discrimination, xenophobia and violence and reserve the right to exclude persons who lack this distance from accommodation and all other services provided by the hotels.

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