I. SCOPE OF APPLICATION

The Terms and Conditions of Use of Upper Room Hotel am Kurfürstendamm is valid for main services such as: accommodation, rent of conference rooms and other goods and services provided by the Hotel. The customer's terms and conditions are to be put in use only in case of a mutual signed agreement.

II. BOOKING, CHARGES AND LIMITATION OF ACTIONS

1. The room booking contract is concluded after the Hotel has accepted the Customer’s application. The Hotel can also send a written booking confirmation.

2. Contracting parties are the Hotel and the Customer. If the Third Party has made a booking, he is jointly and severally liable with the Customer for all contact duties if he cannot present a relevant explanation.

3. In case of booking via internet platforms (Booking.com, HRS.de, Expedia.cometc.), terms and conditions of the intermediary are applied.

4. All claims to the Hotel expire after a year since the commencement of the limitation period. The contact party must report defects before checking out from the Hotel.

III. SERVICES, PRISES, PAYMENT AND SET-OFF

1. The Hotel must prepare the room that the Customer has booked and fulfill its contract duties.

2. The Customer must pay for accommodation and other services that he takes according to contract prices or current hotel ones. The same conditions are valid for the Third Party. The prices include legal valued-added taxes.

3. Prices can be changed by the Hotel if the Customer wants to alter the number of booked rooms, hotel services or the duration of stay and if the Hotel agrees to precede them.

4. The whole invoice sum must be paid cash on arrival day. Credit card or EC-card can be also accepted. In case of an earlier departure (no matter the reason), the whole sum is to be paid.

5. Hotel invoices without a due date must be paid within 7 days after receiving the invoice. The Hotel can demand immediate payment from the Customer in case of delay. Besides, the Hotel can demand legal penal interest of the contact sum, which is currently of 8%, and additionally of 5% to the basic interest rate. The Hotel can demand a higher penalty in certain cases.

6. After the contract conclusion, the Hotel can demand a fair advanced payment or a guarantee in form of a credit card, a deposit etc. The amount of advanced payment and the payment date can be arranged in a written form.

7. Only in case of undisputable or legally valid claims towards the Hotel’s claims, the Customer can set it off,   reduce it or rather exercise the right of retention.

IV. CANCELATION POLICY AND NO-SHOW BY THE CUSTOMER

1. To cancel his cancelation the Customer needs a written confirmation from the Hotel.  Without it, the Customer must pay the whole contact sum even if he has not used the Hotel’s services. However, it is not valid if the Hotel has not fulfilled its duties towards the Customer’s rights, legal asset, and interest, or in case of other legal and contract rights of withdrawal.

2. The Hotel can demand the contract payment with or without VAT. In this case the customer must pay at least 80% of the contact price for accommodation with/without breakfast. The Customer cannot protest the charge or its amount.

3. If there is a cancelation date arranged in a written form between the Hotel and the Customer, the Customer can cancel his reservation without any payment or loss claims from the Hotel. The right for withdrawal expires if the Customer has not sent a written cancelation request to the Hotel before the arranged data.

V. CANCELATION BY THE HOTEL

1. In case of a written arrangement that the Customer can cancel a contact for free within a certain period, the Hotel can cancel a contract on its part too if there are requests from other customers and if the Customer does not renounce his right of withdrawal.

2. If the advanced payment or the guarantee arranged according to A. 6 § III has not been received, the Hotel can cancel the reservation on its part.

3. If there is a justified reason, the Hotel can cancel exceptionally the contract. In the case of a justifiable cancelation, the Customer cannot demand any compensation.

VI. ROOMS AVAILABILITY, CHECK IN, CHECK OUT

1. The Customer cannot demand a particular room.

2. The Customer can check in from 2 p.m. on the arrival day. The Customer cannot demand an earlier check-in. Yet if the room is ready earlier, he can check in.

3. On the arranged departure day, the Customer should check out till 11 a.m. In case of a later check out, the Hotel can charge 50% of the full list price till 4 p.m. and 100% after 4 p.m. The Customer’s contract claims are not valid. However, the Customer can establish prove that the Hotel had a smaller loss or no loss at all.

VII. LIMITATION OF LIABILITY

1. The Hotel is liable for its contract duties. Customer’s claims for compensation are excluded, except of the cases when the Hotel has caused the damage of life, body and health, and other involuntary or intended damages, or other damages by the Hotel it has not fulfilled its liable duties. In case of infringement, the Hotel is to be represented by a statutory agent.

If some malfunction or defects of the Hotel and its services appear, the Hotel should be notified immediately about it by the Customer. The Customer is to assist with decoupling the problem.

2. The Hotel offers a service of a wake-up call. The Hotel receives messages, post, and parcels for guests. The Hotel saves and can also forward all the issues enumerated above for an extra charge.

3. The Customer is liable to the Hotel for damages that he or his guests have caused.

4. The Hotel is not liable to the Customer or the Partner if it is not possible to fulfill its services due to force majeure. In this case the Hotel tries its best to present services.

5. The Customer must take care of his personal belongings himself. The Hotel is not liable for any loss, theft, damage or distraction.

VIII. CONDITION OF USE OF W-LAN INTERNET ACSESS

Agreement of use

• To use WLAN means to log in. Once you log in, you accept the following terms of use.

• WLAN use is free and it is limited to the booked period in the Hotel area. The Hotel can adjust the internet access. It is forbidden to give the code to the Third Party. The code expires after a certain period of time. In this case, a new code can be received at the reception.

• By giving the code, the Hotel declaims all liability. The use is limited due to technical capacities. The User cannot demand the guest-WLAN of a certain speed or for a certain period. The User

• Thereby the Hotel declaims all liability, particularly, of liability of defects and compensatory damages, except for resolution and bodily injury. The Hotel declaims the liability of visited websites ‘content or down- and uploaded data. The Hotel declaims the liability of possible virus attack. The User is aware of the fact that guest-WLAN gives internet access, yet without anti-virus or firewall.

• It is forbidden to visit web-sites of illegal content and to spread illegal or copy right protected content.

• It is strictly forbidden to use the guest WLAN for downloading or other illegal actions

• It is forbidden to misuse guest WLAN, especially if it may cause legal consequences for the Hotel or the Third Party.

• In case of a claim for the illegal use of guest WLAN from the Third Party to the Hotel, the User alone holds the whole responsibility.

•Once the terms of use are violated, the access to the guest-WLAN can be canceled without giving any reason. No liability for loss of data.

When I log in the WLAN of Hotel Upper Room am Kurfürstendamm, I accept the given terms of use.

IX. FINAL PROVISIONS

1. Changes or additions to the contract, contract acceptance or these conditions of use can be modified only in a written form. The changes made Customer’s party alone are not valid

 2. If some of issues of these conditions are invalid or will become invalid, it will not be approached to the rest of issues. In other possible cases, current legislation is to be applied.