PRIMO HOTELS

General Terms and Conditions for the Hotel Accommodation Contract and the Event Contract

1. scope

• These Terms and Conditions apply to all contracts for the rental of hotel rooms of PRIMO HOTELS GmbH, Lüneburger Straße 10, 21073 Hamburg (hereinafter “PRIMO HOTELS”) for accommodation as well as all further services and deliveries of the hotel rendered to the client in this connection (hotel accommodation contract) as well as to event contracts and further services and deliveries of the hotel in connection therewith, including external catering services of the hotel.
• Deviating provisions, also insofar as they are contained in the general terms and conditions of the contracting partner or the guest, shall not apply unless expressly agreed in writing by PRIMO HOTELS.

2. conclusion of contract

• The contract is concluded by PRIMO HOTELS’ acceptance of the client’s application. PRIMO HOTELS is free to confirm the room booking in writing.
• The contracting parties are in principle PRIMO HOTELS and the booking party. However, if the booking party makes the booking in such a way that third parties are to receive services from the hotel for the booking party’s account, the booking party is the contracting party. In this case, the guest is jointly and severally liable alongside the contractual partner for the services used by him. Irrespective of this, each contractual partner is obliged to pass on all booking-relevant information, in particular these General Terms and Conditions, to the guest.

3. services, prices, payment

• PRIMO HOTELS is obliged to keep the rooms and function rooms booked by the contracting partner available in accordance with these general business relations and to provide the agreed services.
• The contracting partner is obliged to pay the agreed prices of PRIMO HOTELS applicable to the provision of the room and the event rooms as well as the other services used by the contracting partner. This also applies to services and expenses of PRIMO HOTELS towards third parties initiated by the guest or the client.
• The agreed prices are inclusive of the statutory value added tax including the local taxes applicable at the time of the conclusion of the contract. Not included are the bed tax and local taxes that are owed by the guest according to the respective local law, such as visitor’s tax. In the event of changes in the statutory value added tax or the introduction, amendment or abolition of local levies on the subject of performance after conclusion of the contract, the prices shall be adjusted accordingly.
• If the period between the conclusion and performance of the contract exceeds four months, and if the price charged by PRIMO HOTELS for such services increases, PRIMO HOTELS may increase the contractually agreed price appropriately, but by no more than 10%. The prices may also be changed by PRIMO HOTELS if the contracting partner subsequently requests changes in the number of rooms booked and the number of event participants, the hotel’s service or the duration of the guests’ stay or the duration of the event, and PRIMO HOTELS agrees to this.
• Invoices of PRIMO HOTELS are payable immediately upon receipt and without deduction The Party shall be in default at the latest if it does not make payment within 30 days after the due date and receipt of an invoice; this shall only apply to a guest who is a consumer if these consequences have been specifically pointed out in the invoice. In case of default of payment PRIMO HOTELS is entitled to charge consumers default interest in the amount of 5 percentage points above the respective prime rate. In business transactions, the default interest rate shall be 9 percentage points above the respective base interest rate. PRIMO HOTELS reserves the right to claim higher damages. For each reminder after default PRIMO HOTELS may charge a reminder fee of € 5.00.
• PRIMO HOTELS is entitled to demand reasonable advance payments or the provision of security upon conclusion of the contract or thereafter. The amount of the advance payment and its due date may be agreed in writing in the contract PRIMO HOTELS is further entitled to call due any receivables accrued during the guest’s stay at the hotel by issuing an interim invoice at any time and to demand immediate payment.
• The Party may only set off a claim of PRIMO HOTELS against a claim of PRIMO HOTELS with a claim which is undisputed or which has been finally adjudicated or

4. withdrawal of the contracting party, cancellation

• PRIMO HOTELS grants the contracting partner a right of withdrawal at any time The following provisions apply:
  1. In the event that a contracting partner withdraws from the booking of rooms or event rooms, PRIMO HOTELS is entitled to reasonable compensation. The same shall apply in case of withdrawal from other contracts concluded for services or supplies, including for catering.
  2. PRIMO HOTELS has the option to claim a lump-sum cancellation fee from the contracting partner instead of a concretely calculated compensation:

Single bookings from hotel rooms:

Cancellation is possible free of charge 7 days before arrival. In case of later cancellations, the cancellation fee is 90% of the contracted price for accommodation and breakfast. The contracting partner is free to prove that PRIMO HOTELS has suffered no loss or that the loss incurred by the hotel is lower than the compensation lump sum demanded.

Events: Cancellation is free of charge up to 8 months before the start of the event. In the event of cancellation up to 6 months before the start of the event, the cancellation fee is 80% of the contractually agreed amount for the event. In case of cancellation up to 2 months before the start of the event, the cancellation fee is 90% of the contractually agreed amount for the event. In case of cancellation less than 2 months up to 3 days before the start of the event, the cancellation fee is 95% of the contractually agreed amount for the event and in case of later cancellation it is the full agreed amount. The contractually agreed amount for the event includes, in particular, the provision of hotel premises and hotel rooms as well as the provision of food and beverages. If no amount for food and beverages has been contractually agreed, the lowest-priced 3-course menu of the respective event offer valid at the time of cancellation will be used as a basis. The loss of sales of drinks per person will be charged at 70% of the cancellation cost of the food. The contracting partner is free to prove that PRIMO HOTELS has suffered no loss or that the loss incurred by the hotel is lower than the compensation lump sum demanded.

Catering: Cancellation is possible free of charge up to 6 months before the start of the event. In case of cancellation up to 4 months before the start of the event, the cancellation fee is 35% of the contractually agreed price. In case of cancellation up to 2 months before the start of the event, the cancellation fee is 50% and in case of cancellation less than 10 days before the start of the event, the cancellation fee is 80% of the contractually agreed price. The contracting partner is free to prove that PRIMO HOTELS has suffered no loss or that the loss incurred by the hotel is lower than the compensation lump sum demanded.

Group bookings:

The provisions under item 7 shall apply in this respect.

1. If PRIMO HOTELS calculates the compensation specifically, the amount of the compensation shall be the amount of the contractually agreed price for the service to be provided by the hotel less the value of the expenses saved by the hotel as well as what the hotel acquires through other use of the hotel service.

• The above regulations on compensation apply accordingly if the contractual partner does not make use of the booked room or services without prior cancellation.
• If PRIMO HOTELS has granted the contracting partner an option to withdraw from the contract within a certain period of time without further legal consequences, PRIMO HOTELS has no claim to compensation.
• Decisive for the timeliness of the declaration of withdrawal in all cases is its receipt by PRIMO HOTELS. The contracting party must declare the withdrawal in writing.
• PRIMO HOTELS will pay the client the compensation plus, if applicable. applicable value added tax, in particular in the case of clause 4.2.

5. withdrawal of the hotel

• Insofar as the contracting party has a right of withdrawal free of charge pursuant to para. 3 was granted, PRIMO HOTELS is also entitled to withdraw from the contract within the agreed period of time if there are requests from other guests and customers for the booked rooms and the contracting partner does not finally confirm the booking upon queries from the hotel.
• If a payment is made in accordance with para. 6 agreed advance payment or security deposit is not made within a period set for this purpose, PRIMO HOTELS is also entitled to withdraw from the contract.
• Furthermore PRIMO HOTELS is entitled to withdraw from the contract for an important reason, especially if
  1. Force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract; rooms or event premises are booked under misleading or false statements of material facts, e.g. regarding the person of the guest, the organizer or the purpose;
  2. c) the hotel has reasonable grounds to believe that the use of the hotel’s services may jeopardize the smooth operation of the business, the safety or the reputation of the hotel in public, without this being attributable to the hotel’s sphere of control or organization;
  3. d) there is unauthorized subcontracting or subcontracting;
  4. e) the hotel becomes aware of circumstances that the financial circumstances of the contract partner have deteriorated significantly after conclusion of the contract, in particular if the guest does not settle due claims of the hotel or does not provide sufficient security and therefore payment claims of the hotel appear to be at risk;
  5. f) the Contractual Partner has filed an application for the opening of insolvency proceedings against its assets, has submitted an affidavit pursuant to Section 807 of the German Code of Civil Procedure (Zivilprozessordnung), has initiated extraordinary proceedings for the settlement of debts or has suspended its payments;
  6. g) insolvency proceedings are opened against the assets of the contractual partner or the opening of such proceedings is rejected for lack of assets or for other reasons.

5.4 PRIMO HOTELS must immediately inform the contracting partner in writing of the exercise of the right of withdrawal. In the aforementioned cases of withdrawal, the contractual partner shall not be entitled to claim damages.

6. use of rooms & function rooms/arrival & departure

6.1. The contracting partner does not acquire any claim to the provision of specific rooms unless PRIMO HOTELS has confirmed the provision of specific rooms in writing.

6.2. Booked rooms are available to the contracting party from 3:00 p.m. on the agreed day of arrival. He is not entitled to earlier provision unless he has agreed this in writing with PRIMO HOTELS.

• Booked rooms are to be claimed by the contracting partner no later than 6:00 p.m. on the agreed day of arrival. Unless a later arrival time has been expressly agreed, PRIMO HOTELS has the right to assign booked rooms to other parties after 6:00 p.m. without the contracting partner being able to assert claims for compensation. PRIMO HOTELS is entitled to a right of withdrawal in this respect.
• On the agreed day of departure, the rooms must be vacated and made available to the hotel by 00 a.m. at the latest.

put Thereafter, the hotel may charge 50% of the daily room rate for the additional use of the room from 11:00 a.m. to 6:00 p.m., and 100% of the full valid room rate from 6:00 p.m. onwards, in addition to any damages incurred by the hotel as a result. The guest is at liberty to prove to PRIMO HOTELS that no damage or significantly lower damage has been incurred.

• The subletting and reletting of the rooms, event rooms and the catering and service areas provided as well as their use for purposes other than accommodation requires the prior express written consent of PRIMO HOTELS. This applies in particular to the conduct of job interviews as well as sales events and similar events.

7. change of the number of participants, the event time and the type of seating.

• The contracting partner is obliged to inform PRIMO HOTELS in writing of the expected number of participants when placing the order The final number of participants must be communicated to the hotel in writing no later than three working days before the event date in order to ensure careful preparation. A change of more than 5% compared to the expected number of participants stated in the order requires in any case the consent of the hotel.
• When charging for services provided by the hotel according to the number of registered persons (such as accommodation, food and beverages), the actual number of persons will be charged in the event of an increase in the registered and contractually agreed number of participants. In the event of a reduction of the contractually agreed number of participants by more than 5%, PRIMO HOTELS is entitled to invoice the contractually agreed number of participants less 5%.

Group bookings (from 10 rooms):

Up to 8 months before the start of the event, the entire rooms can be cancelled free of charge. Up to 6 months before the event 20% of the booked rooms can be cancelled free of charge. Up to 2 months before the event 10% of the booked rooms and up to three days before the event 5% of the booked rooms can be cancelled free of charge. Where necessary, the number of rooms that can be canceled shall be rounded commercially.

7.3 However, an increase in the number of rooms is subject to the written consent of the hotel.

7.4 In the event of a reduction in the number of participants by more than 10% PRIMO HOTELS is entitled to increase the agreed prices appropriately.

7.5 PRIMO HOTELS is entitled to exchange the confirmed rooms unless this cannot be reasonably expected of the contracting partner.

7.6 If a definable part of a booked event is not used, the hotel may demand reasonable compensation for the uncalled part in accordance with the provisions of Item 4.

7.7 In the event of an increase in the number of participants, the actual number of participants will be charged.

7.8 The contracting partner is free to prove that PRIMO HOTELS has a higher share of saved expenses.

7.9 If agreed start and end times of the event are postponed without the prior written consent of the hotel, the hotel may charge additional costs for the provision of personnel and equipment, unless the hotel is responsible for the postponement. The hotel is only obliged to make the booked premises available to the organizer at the times specified in advance.

7.10 For events that continue beyond 1:00 a.m., the hotel may, unless otherwise agreed, charge a night fee of € 150.00 per hour from that time on.

7.11 A change in the type of seating on the day of the event at short notice requires the written consent of the hotel. In the event of a short-term change in the type of seating on the day of the event, deviating from the prior agreement, PRIMO HOTELS reserves the right to charge a conversion fee according to expenditure, but of at least € 150,00.

8. bringing food and drinks

• The contracting party may serve food and beverages at events only by written agreement with the hotel In such cases, the hotel may charge a service fee to cover overhead costs.

9. handling of the events

• Insofar as PRIMO HOTELS procures technical and other equipment from third parties for the contracting partner at the latter’s instigation, it acts in the name of, on the authority of and for the account of the The contracting partner is liable for the careful handling and proper return of the equipment. He shall indemnify the hotel against all claims of third parties arising from the provision of these facilities.
• The use of the contracting party’s, guest’s or organizer’s own electronic equipment and devices using the hotel’s power supply system requires the hotel’s prior written consent. Any disruptions or damage to the hotel’s technical equipment resulting from the use of such equipment and devices shall be borne by the contracting party, unless the hotel is responsible for such disruptions or damage. PRIMO HOTELS may record and charge the material costs incurred by the use as a lump sum.
• The contract partner is entitled, with the consent of the hotel, to use its own telephone, telefax and data transmission facilities. If corresponding facilities of the hotel remain unused due to the connection of the contracting party’s own facilities, an appropriate loss compensation may be charged.
• PRIMO HOTELS shall endeavor to promptly remedy any malfunctions in technical or other facilities provided by the hotel upon immediate complaint by the contracting partner. Payments cannot be withheld or reduced if the hotel is not responsible for these disruptions. The contracting party shall procure all official permits required for the implementation of the event at its own expense. He is responsible for compliance with these permits as well as all other regulations under public law in connection with the event. The contractual partner shall be responsible for handling the necessary formalities and settlements with the responsible institutions (e.g. GEMA) in the context of self-arranged music performance and sound reinforcement. The contract partner may use names and trademarks of the hotel in the context of advertising its event only after prior agreement with the hotel.

10. items brought with you

• Exhibits or other items, including personal items, brought to the event are located in the event rooms in the hotel at the risk of the contract partner. PRIMO HOTELS assumes no liability for loss, destruction or damage, except in cases of gross negligence or intent on the part of the hotel. The legal liability according to §§ 701 ff. BGB remains unaffected by this.
• Decorative material brought along has to comply with the fire police requirements PRIMO HOTELS is entitled to demand official proof for this. Due to possible damage, the placement and attachment of objects must be agreed with the hotel in advance.
• Exhibits or other items brought to the event must be removed immediately after the end of the event. The hotel may remove items left behind and have them stored at the contract partner’s expense. If the removal involves a disproportionately high effort, PRIMO HOTELS may leave the items in the event room and charge the respective room rent for the duration of their stay. The contracting party reserves the right to prove a lower damage, the hotel a higher damage. The above provisions on storage at the contracting party’s expense shall apply accordingly if exhibition and other items are delivered to the hotel prior to the start of the event.
• Packaging material (cardboard boxes, crates, plastic ) that accumulates in connection with the supply of the event by the contract partner or third parties must be disposed of by the contract partner before or after the event. Should the Party leave packaging material behind in the hotel, PRIMO HOTELS is entitled to dispose of it at the expense of the Party.
• In particular, the hotel is not obligated to pack items left behind by the contract partner and send them by mail to the contract partner or third parties. This is the responsibility of the contracting party. Insofar as PRIMO HOTELS agrees to do so in exceptional cases at the request of the counterparty, it may demand from the counterparty a remuneration corresponding to the effort involved, but at least € 30.00.

11 Liability of the Contractual Partner

• The contractual partner is liable for all damage to the building or inventory caused by event participants, event visitors, employees, other third parties from his area or himself or his legal representatives.
• PRIMO HOTELS may require the contracting partner to provide adequate security (e.g. insurance, deposits, guarantees) to secure any damages.

12 Liability of the Hotel, Statute of Limitations

• Should disruptions or deficiencies occur in the services of PRIMO HOTELS, the hotel will endeavor to remedy the situation upon immediate complaint by the contracting partner. If the contracting partner culpably fails to notify the hotel of a deficiency, a claim for reduction of the contractually agreed remuneration will not arise.
• The hotel is liable in accordance with the statutory provisions for all damages arising from injury to life, body and
• The hotel is liable for other damages caused by slight negligence only if these are due to the breach of an essential contractual obligation or a cardinal obligation in a way that endangers the purpose of the contract In these cases, liability is limited to the foreseeable damage typical for the contract.
• The above limitations of liability apply to all claims for damages, regardless of their legal basis, including claims in tort The above limitations of liability also apply in cases of any claims for damages by a guest against employees or agents of the hotel. They shall not apply in cases of liability for a defect following the assumption of a guarantee for the quality of an item or a work, in the case of fraudulently concealed defects or in the case of personal injury.
• PRIMO HOTELS is liable to the guest for brought-in items in accordance with the statutory provisions, i. e. up to one hundred times the accommodation price, but not exceeding € 3,500.00. For valuables (cash, jewelry, etc.) this liability is limited to € 800.00. Money and valuables kept in the room safe are insured up to a maximum value of € 25,600.00. The hotel recommends making use of this option. The liability claims expire if the guest does not report the loss, destruction or damage to the hotel immediately after becoming aware of it.
• Insofar as a parking space is made available to the guest in the hotel parking lot, even for a fee, this does not constitute a custody agreement. There is no monitoring obligation on the part of PRIMO HOTELS. In the event of loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel shall not be liable unless the hotel, its legal representatives or its vicarious agents are responsible for intent or gross negligence. In this case, the damage must be claimed against the hotel at the latest when leaving the hotel property.
• Wake-up calls are carried out by PRIMO HOTELS with the utmost care. Claims for damages, except in the case of gross negligence or willful misconduct, are
• Messages, mail and merchandise shipments for guests will be handled with care The hotel will take care of delivery, safekeeping and upon request – for a fee – forwarding of the same, as well as for lost property upon request. Claims for damages, except for gross negligence or intent, are excluded. PRIMO HOTELS is entitled to hand over the aforementioned items to the local lost and found office after a storage period of one month at the latest, charging a reasonable fee.
• Claims for damages by the guest become time-barred at the latest after two years from the point in time at which the guest becomes aware of the damage, irrespective of this knowledge at the latest after three years from the point in time of the damaging event. This does not apply to liability for damages resulting from injury to life, body or health, or for other damages resulting from intentional or grossly negligent conduct. These claims shall become time-barred in accordance with the statutory provisions.

13. confidentiality / data protection

13.1.1 The contracting parties undertake to treat all confidential information of which they become aware as confidential and to use it only for contractually agreed purposes. The duty of confidentiality shall not apply to such persons who are authorized to take cognizance and are legally or contractually obligated to maintain secrecy, or insofar as it precludes the assertion of their own claims or the other party has consented to the disclosure. The contracting parties undertake to comply with the applicable data protection provisions, in particular the EU General Data Protection Regulation and the Federal Data Protection Act. Information about the handling of personal data can be found in the privacy policy.

14. final provision

• Changes or additions to the contract, the application acceptance or these business relations for the hotel acceptance should be made in writing Unilateral changes or additions by the contracting party are ineffective.
• The place of performance and payment is the registered office of the
• The exclusive place of jurisdiction for all disputes between the contracting parties in commercial transactions shall be the registered office of the
• If a contracting party does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the Ho The hotel shall, however, also be entitled to bring actions and other legal proceedings at the general place of jurisdiction of the guest. The law of the Federal Republic of Germany shall apply. UN sales law is excluded.
• The European Commission provides an online dispute resolution platform at ec.europa.eu/consumers/odr, which, if a consumer is a contracting party, the consumer can use to resolve a dispute and where further information on the subject of “dispute resolution” can be found.
• PRIMO HOTELS is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board according to §§ 36, 37 Consumer Dispute Resolution Act.
• Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory