These Terms and Conditions of Business govern contracts for the rent of rooms in the respective Maritim Hotel for accommodation purposes, as well as all other goods and services rendered by Maritim for the customer.

In order to sublet the rooms that have been rented, to use the hotel rooms for other purposes than for accommodation, for public invitations or other advertising purposes, for interviews, sales or similar events the customer must obtain the prior written consent of Maritim who may also demand payment of an additional remuneration. § 540 paragraph 1, sentence 2 of the German Civil Code is not applicable insofar as the customer is not a consumer.

The customer’s general terms and conditions only apply if this is previously expressly agreed in writing.

The contract shall come into force upon Maritim’s acceptance of the customer’s application. At its discretion, Maritim may confirm the room reservation in writing.

If a third party placed the order on behalf of the customer, then the aforementioned third party, together with the customer shall be liable as joint debtor vis-à-vis Maritim for all obligations arising from the hotel accommodation contract only if Maritim has an appropriate declaration to this effect from the third party.

The customer must inform Maritim without being asked, at the latest upon conclusion of the contract, if the customer’s use of the hotel service/s is likely to endanger the smooth operation of the hotel, the security or the reputation of Maritim in the public eye.

Any claims against Maritim shall be limited to one year after the commencement of the general statute of limitations stated in § 199, paragraph 1 German Civil Code. Damage claims are limited to five years after commencement of the aforesaid statute of limitations. The reduction of the statute of limitation periods shall not apply to claims which are based on an intentional or grossly negligent breach of obligation by Maritim

The customer is obliged to pay the applicable or agreed prices of Maritim for rooms provided and for other services supplied. This shall also apply to services and outlay to third parties which Maritim provides upon the customer’s express wish.

If the period between the conclusion and the fulfillment of the contract is longer than 4 months and if the applicable rate of value added tax is increased during this period, the prices will be adjusted accordingly.

If the period between conclusion and fulfillment of the contract exceeds four months and if the price generally charged by Maritim for such services increases, then Maritim may raise the contractually agreed price appropriately by a maximum of five per cent. For every further year lying between the conclusion and the fulfillment of the contract, the upper limit increases by further five per cent. This is without prejudice to price changes according to No. 2.

Moreover, Maritim may change prices if the customer later wishes to make changes to the number of rooms reserved, the hotel services to be provided, or the length of guests’ stay, subject to Maritim consenting to such changes.

Unless otherwise agreed, Maritim’s invoices are payable and due in full within ten days of receipt. Maritim is entitled at any time to make accumulated accounts receivable due and to demand payment without undue delay. Upon default of payment, Maritim is entitled to demand the appropriate applicable statutory default interest. Maritim reserves the right to prove greater damage.

For each reminder in case of default Maritim is entitled to demand a fee of € 5. The customer is at liberty to prove that Maritim has incurred no or lesser costs.

Maritim is entitled to demand a reasonable advance payment or deposit as security upon conclusion of the contract or thereafter, providing the legal provisions for package tours are adhered to. The amount of the advance payment and payment dates may be included in writing in the contract.

The customer may only set-off or reduce a claim by Maritim with a claim which is undisputed or decided with final, res judicata effect.

Cancellation by the customer of the contract concluded with Maritim requires Maritim’s written consent. If consent is not given, then the price agreed in the contract must be paid even if the customer does not make use of the contractual services. This shall not apply with the breach of obligation of the Maritim to take into account the rights, objects of legal protection and interests of the customer, if abiding to the contract is no longer reasonable or another statutory or contractual cancellation right exists.

To the extent that Maritim and the customer agreed in writing upon a date for a cost-free cancellation of the contract, the customer may cancel the contract up to that date without incurring payment or damage compensation claims by Maritim. The customer’s right of cancellation shall expire if he does not exercise his cancellation right in writing vis-à-vis Maritim by the agreed date, insofar as no case pursuant to No. 1, sentence 3 supra exists.

If rooms are not used by the customer, Maritim must give an appropriate credit for the income from renting the rooms to other parties and also for saved expenses.

At their discretion Maritim may demand the contractually agreed compensation and make a flat rate deduction for saved expenses. In this case, the customer is obligated to pay 90 per cent of the contractually agreed rate for accommodation with or without breakfast or for packages including external services, 70 per cent for accommodation with half-board, and 60 per cent for accommodation with fullboard packages. The customer is at liberty to show that the claim mentioned above was not incurred or not incurred to the amount demanded.

To the extent that a right of gratis cancellation within a certain period is agreed in writing with the customer, Maritim is entitled for its part to cancel the contract during that period if there are inquiries from other customers regarding the contractually reserved rooms and the customer does not waive his right of rescission upon inquiry thereof by Maritim Maritim . The same applies to the granting of an option if there are other inquiries and the customer is, if requested by Maritim, not prepared to make a fixed booking.

If an agreed advance payment or an advance payment demanded pursuant to Item III, No. 6 supra is not made even after a reasonable period of grace set by Maritim has expired, then Mis likewise entitled to cancel the contract.

Moreover, Maritim is entitled to effect extraordinary cancellation of the contract for a materially justifiable cause, e.g. if

• force majeure or other circumstances for which Maritim is not responsible make it impossible to fulfill the contract;
• rooms are reserved with misleading or false information regarding material facts, such as the identity of the customer or the purpose;
• Maritim has just cause to believe that use of the hotel’s services might jeopardize the smooth operation of the hotel, its security or public reputation, without being attributable to Maritim’s sphere of control or organisation;
• there is a breach of the item I. No. 2 supra.

Maritim is entitled to stop or cancel interviews and sales or similar events that have not been approved.

The customer can derive no right to compensation from justifiable cancellation by Maritim.

If, in case of a cancellation according to No. 2 or 3 supra, Maritim has a claim for damages, Maritim may charge a lump sum for the claim. In this case, clause IV No. 4, sentences 2 and 3 apply accordingly.

The customer does not have the right to be provided with specific rooms.

Reserved rooms are available to the customer from 3:00 p.m. on the agreed arrival date. The customer does not have the right to earlier availability. Unless a later time of arrival has been expressly agreed upon or the respective room has been paid in advance, Maritim is entitled to let the booked room to another party after 6:00 p.m. without the customer being able to derive a claim against Maritim from this fact. This is without effect on any claims from Maritim resulting from clause IV. There is no obligation to let the room to another person.

Rooms must be vacated and made available to Maritim no later than 12:00 a.m. (midday) on the agreed departure date. After that time, on the grounds of the delayed vacating of the room resulting in use exceeding the contractual time, Maritim may charge 50 per cent of the full accommodation rate (list price) for the additional use of the room until 6:00 p.m. (after 6:00 p.m.: 100 per cent). The customer is at liberty to prove that the charge mentioned was not incurred or not incurred to the amount demanded.

Maritim is liable to exercise the duty of care of an ordinary merchant pursuant with the performance of its obligations arising from the contract. Claims of the customer for reimbursement of damages are precluded except for such that result from injury to life, body or health when Maritim is responsible for the breach of the obligation, furthermore other damage resulting from an intentional or grossly negligent breach of obligation by Maritim and damage resulting from an intentional or negligent breach of similar typical contractual obligations of Maritim. A breach of obligation by Maritim is deemed to be equivalent to a breach of a statutory representative or employee. Should disruptions or defects in the performance of Maritim occur, Maritim shall, upon gaining knowledge thereof or upon objection from the customer, act to remedy such without undue delay. The customer is obliged to undertake actions reasonable for him to eliminate the disruption and to keep any possible damage at a minimum. Moreover, the customer is obliged to inform Maritim as soon as possible if an extraordinary high loss is liable to arise.

Maritim is liable to the customer for property brought in to the hotel in accordance with the statutory provisions, i.e., up to one hundred times the room rate, not to exceed an amount of € 3,500 and for cash, securities and other valuables not exceeding an amount of € 800. Cash, securities and valuables up to a maximum value of € 26,000 may be stored in the hotel safe, or items with a maximum value of € 800 in the room safe. Maritim recommends that guests make use of these possibilities. Liability claims expire unless the customer notifies Maritim immediately after gaining knowledge of the loss, destruction, or damage (§ 703 German Civil Code). With regard to more extensive liability of Maritim, No. 1, sentences 2 to 4 supra shall apply respectively.

Items that the customer has left behind are only forwarded at the customer’s request, risk and costs. Maritim keeps such items for three months after which time they are, as far as they have any value, handed over to the local lost property office. No. 1, sentences 2 to 4 supra shall apply respectively.

If the customer is provided with a parking space in the hotel garage or an open air hotel parking space, this does not constitute a safekeeping agreement, even if a fee is charged. Maritim has no monitoring obligation. Maritim assumes no liability for loss of or damage to motor vehicles parked or manoeuvred on the hotel’s property or in a parking space, nor the contents thereof, excepting cases of intent or gross negligence. No. 1, sentences 2 to 4 supra shall apply respectively. Maritim must be informed immediately about possible damage.

Wake-up calls are carried out by Maritim with the greatest possible diligence. Messages, mail, and merchandise deliveries for guests are handled with care. Maritim will deliver, hold, and for a fee forward such items (on request). No. 1, sentences 2 to 4 supra shall apply respectively.

Amendments and supplements to the contract, the acceptance of applications, or these General Terms and Conditions for Hotel Accommodation must be made in text format, otherwise, they are not valid. Unilateral amendments and supplements by the customer are not valid.

Place of performance and payment is the location of the registered office of the respective Maritim hotel.

In the event of dispute, including cheque disputes, either the courts at Bad Salzuflen or at the location of the registered office of the respective Maritim hotel shall - at Maritim’s choice - have exclusive jurisdiction. The same applies insofar as a contracting party fulfills the requirements of § 38 paragraph 2 of the German Code of Civil Procedure and does not have a legal domicile in Germany.

The contract is governed by and shall be construed in accordance with the laws of the Federal Republic of Germany. The application of the UN Convention on the International Sale of Goods and the conflict of laws are precluded.

Should individual provisions of these General Terms and Conditions for Hotel Accommodation Contracts be or become invalid or void, the validity of the remaining provisions shall remain unaffected thereby. In this case, the parties will agree upon a new provision being as close as possible to the sense of the invalid one.

These Terms and Conditions govern contracts for the rental of Maritim’s conference, banquet, and convention rooms for events such as banquets, seminars, conferences, exhibitions and presentations, etc., as well as all other associated services and goods connected therewith provided by Maritim.

Maritim’s prior written consent is required if the rooms, areas, or display cases are to be rented or sublet to a third party, or if invitations are issued for introductory interviews, sales promotions, or similar events, whereby § 540, paragraph 1, sentence 2 German Civil Code is waived insofar as the customer is not a consumer.

The customer’s general terms and conditions shall apply only if this is previously expressly agreed in writing.

The contract shall come into force upon Maritim’s acceptance of the customer’s application.

If the customer/ordering party is not the event organizer itself, or if a commercial agent or organizer is being used by the event organizer, then these parties shall be liable together with the event organizer as joint and several debtors for all obligations arising from the contract, insofar as Maritim has received an appropriate declaration of the event organizer.

The customer must inform Mwithout being asked, at the latest upon conclusion of the contract, if the customer’s use of the hotel service/s is likely to endanger the smooth operation of the hotel, the security or the reputation of Min the public eye.

Maritim is liable to exercise the duty of care of an ordinary merchant pursuant with the performance of its obligations arising from the contract. Claims of the customer for reimbursement of damages are precluded except for such that result from injury to life, body or health when Maritim is responsible for the breach of the obligation, furthermore other damage resulting from an intentional or grossly negligent breach of obligation by Maritim and damage resulting from an intentional or negligent breach of similar typical contractual obligations of Maritim. A breach of obligation by Maritim is deemed to be equivalent to a breach of a statutory representative or employee. Should disruptions or defects in the performance of Maritim occur, Maritim shall, upon gaining knowledge thereof or upon objection from the customer, act to remedy such without undue delay. The customer is obliged to undertake actions reasonable for him to eliminate the disruption and to keep any possible damage at a minimum. Moreover, the customer is obliged to inform Maritim as soon as possible if an extraordinary high loss is liable to arise.

Messages, mail, and merchandise deliveries for guests are handled with care. Maritim will deliver, hold, and for a fee forward such items (on request). No. 4, sentences 2 to 4 supra shall apply respectively.

If the customer is provided with a parking space in the hotel garage or an open air hotel parking space, this does not constitute a safekeeping agreement, even if a fee is charged. Maritim has no monitoring obligation. Maritim assumes no liability for loss of or damage to motor vehicles parked or manoeuvred on the hotel’s property or in a parking space, nor the contents thereof, excepting cases of intent or gross negligence. No. 4, sentences 2 to 4 supra shall apply respectively. Maritim must be informed immediately about possible damage.

Any claims against Maritim shall be limited to one year after the commencement of the general statute of limitations stated in §199 paragraph 1 German Civil Code. Damage claims are limited to five years after commencement of the aforesaid statute of limitations. The reduction of the statute of limitation periods shall not apply to claims which are based on an intentional or grossly negligent breach of obligation by Maritim.

The customer is obligated to pay Maritim’s customary rates or those contractually agreed upon for the services ordered. This shall also apply to services and outlay to third parties which Maritim provides upon the customer’s express wish, in particular for claims of copyright exploitation companies.

If a minimum turnover has been agreed upon and this is not reached, Maritim is entitled to demand 60 per cent of the difference as loss of profit unless the customer proves a lower or Maritim a higher damage.

If the period between the conclusion and the fulfillment of the contract is longer than 4 months and if the applicable rate of value added tax is increased during this period, the prices will be adjusted accordingly.

If the period between conclusion and fulfillment of the contract exceeds four months and if the price generally charged by Maritim for such services increases, then Maritim may raise the contractually agreed price appropriately by a maximum of five per cent. For every further year lying between the conclusion and the fulfillment of the contract, the upper limit increases by further five per cent. This is without prejudice to price changes according to No. 2.

Unless otherwise agreed, Maritim’s invoices are payable and due in full within ten days of receipt. Maritim is entitled at any time to make accumulated accounts receivable due and to demand payment without undue delay. Upon default of payment, Maritim is entitled to demand the appropriate applicable statutory default interest. Maritim reserves the right to prove greater damage.

For each reminder in case of default Maritim is entitled to demand a fee of Q 5. The customer is at liberty to prove that Maritim has incurred no or lesser costs.

Maritim is entitled to demand a reasonable advance payment or deposit as security upon conclusion of the contract or thereafter, providing the legal provisions for package tours are adhered to. The amount of the advance payment and payment dates may be included in writing in the contract.

The customer may only set-off or reduce a claim by Maritim with a claim which is undisputed or decided with final, res judicata effect.

The written agreement of Maritim shall be required for a gratis cancellation by the customer of the contract concluded with Maritim. If such agreement is not given then the agreed room rent from the contract as well as the services to be performed by third parties shall also be paid regardless of whether the customer avails himself of the contractual services and rental to a third party is no longer possible. This shall not apply with the breach of the obligation of Maritim to take into account the rights, objects of legal protection and interests of the customer, if holding to the contract is no longer reasonable or another statutory or contractual cancellation right exists.

To the extent that Maritim and the customer agreed in writing upon a date for a gratis cancellation of the contract, the customer may cancel the contract up to that date without incurring payment or damage compensation claims by Maritim. The customer’s right of cancellation shall expire if he does not exercise his cancellation right in writing vis-à-vis Maritim by the agreed date, insofar as no case pursuant to No. 1, sentence 3 supra exists.

If the customer cancels between the eighth and fourth week prior to the date of the event, Maritim shall be entitled to charge – in addition to the agreed rent – 35 percent of lost consumption sales 70 per cent of consumption sales for any later cancellation).

Consumption sales are calculated using the following formula: menu price of the event plus beverages times the number of participants. If a price for the menu had not been agreed, then the least expensive three-course menu in the current set of event proposals shall apply. Beverages are charged with one third of the menu price.

If a seminar flat rate per participant has been agreed, then Maritim shall be entitled to charge, for a cancellation between the eighth and fourth week prior to the date of the event, 60 per cent of the seminar flat rate times the agreed number of participants (85 per cent for any later cancellation).

The deduction of saved expenses is taken into account with the numbers 3 to 5 supra. The customer is at liberty to show that the claim mentioned above was not incurred or not incurred to the amount demanded.

If a gratis right of cancellation by the customer within a certain time period has been agreed in writing, Maritim shall be entitled to cancel the contract itself within this time period if inquiries of other customers for the contractually booked event rooms exist and the customer, upon inquiry by Maritim, does not waive his right of cancellation. The same applies to the granting of an option if there are other inquiries and the customer is, if requested by Maritim, not prepared to make a fixed booking.

Should an agreed advance payment or an advance payment demanded pursuant to clause III, No. 7 not be paid, then Maritim shall also be entitled to cancel the contract.

Moreover, Maritim is entitled to effect extraordinary cancellation of the contract for a materially justifiable cause, e.g. if

• force majeure or other circumstances for which Maritim is not responsible make it impossible to fulfill the contract;
• rooms are reserved with misleading or false information regarding material facts, such as the identityof the customer or the purpose;
• Maritim has just cause to believe that use of the hotel’s services might jeopardize the smooth operation of the hotel, its security or public reputation, without being attributable to Maritim’s sphere of control or organisation;
• there is a breach of the item I. No. 2 supra.

The customer can derive no right to compensation from justifiable cancellation by Maritim. If, in case of a cancellation according to No. 2 or 3 supra, Maritim has a claim for damages, Maritim may charge a lump sum for the claim. In this case, clause IV No. 4, sentences 2 and 3 apply accordingly.

If the number of participants changes by more than five per cent, Maritim must be informed at the latest five business days before the start of the event. Such changes must be approved in writing by Maritim.

A reduction in the number of participants of no more than five per cent by the customer shall be acknowledged by Maritim in its charges. For changes exceeding this amount, the originally agreed number of participants minus five per cent will be used. The customer shall have the right to reduce the agreed price by a higher amount if he can prove that the expenses saved are higher that the sum of the original number of participants less five per cent.

If there is an increase in the number of participants, charges will reflect the actual number of participants.

If the number of participants changes by more than ten per cent, Maritim shall be entitled to recalculate the agreed prices and to exchange the confirmed room reservations unless this is unreasonable for the customer.

If the event’s agreed starting or ending times change and Maritim agrees to such alterations, Maritim may reasonably charge for the added cost of stand-by service, unless Maritim is at fault.

The customer may not bring food or beverages to events. Exceptions must be agreed in writing with Maritim. In such cases, a charge will be made to cover overhead expenses.

To the extent Maritim obtains technical and other facilities or equipment from third parties for the customer at the customer’s request, it does so in the name of, with power of attorney and on the account of the customer. The customer is responsible for the careful handling and safe return of the equipment. The customer shall indemnify Maritim for all third-party claims arising from the provision of the facilities or equipment.

Written consent is required if the customer wishes to use his electrical equipment on Maritim's electrical circuit. The customer shall be liable for malfunctions of or damage to Maritim’s technical facilities caused by using such equipment, to the extent that Maritim is not at fault. Maritim may charge a flat fee for electricity costs incurred through such usage.

The customer is entitled to use his own telephone, telefax, and data transfer equipment with Maritim’s consent. Maritim may charge a connection fee.

If suitable equipment of Maritim remains unused because the customer’s own equipment is connected, a charge may be made for lost revenue.

Malfunctions of technical or other equipment provided by Maritim will be remedied immediately whenever possible. To the extent Maritim was not responsible for such malfunctions, payment may not be withheld or reduced.

The customer must obtain the official permits that are necessary for the event in due time and at his own expenses. He is responsible for complying with the public law requirements and other provisions.

The customer bears the responsibility in case of damage or loss for all objects or exhibits or other items, including personal property, brought into the event rooms or into the respective hotel. Maritim assumes no liability for loss, destruction, or damage to or of such objects, including any financial damage, with the exception of cases of gross negligence or intent on the part of Maritim. Excepted hereof are cases of damage caused as a result of injury to life, body or health. In addition, in all cases in which the safekeeping represents an obligation typical for a contract due to the circumstances of the individual case, release from this liability shall be prohibited.

Decoration or decorative material brought in by the customer must conform to the fire safety regulations. Maritim is entitled to demand official evidence thereof. Should such proof not be given, then Maritim shall be entitled to remove materials already brought in at the customer’ cost. Due to the possibility of damage, Maritim must be asked before objects are assembled or installed.

Objects, exhibits or other items that have been brought in must be removed immediately following the end of the event. If the customer fails to do so, Maritim may remove and store such at the customer’s expense. If the objects remain in the room used for the event, Maritim may charge a reasonable compensation for use for the period that they remain there. The customer is free to prove that the abovementioned claim was not incurred or not incurred to the amount claimed.

Other items left by the participants of the event are only forwarded at the request, the risk and costs of the respective participant. Maritim keeps such items for three months after which time they are, as far as they have any value, handed over to the local lost property office.

If the customer is a company, the said company shall be liable for all damage to buildings or furnishings caused by participants of or visitors to the event, employees, other third parties associated with the customer and the company itself. The same applies accordingly if the customer is a public law entity, a party or a union.

Maritim may require the customer to provide reasonable security (e.g., insurance, security deposits, sureties).

Amendments or supplements to the contract, the application acceptance, or these General Terms and Conditions for Events must be made in text format. Unilateral amendments and supplements by the customer are invalid.

Place of performance and payment is the location of the registered office of the respective Maritim hotel.

In the event of dispute, including cheque disputes, either the courts at Bad Salzuflen or at the location of the registered office of the respective Maritim hotel shall - at Maritim’s choice - have exclusive jurisdiction. The same applies insofar as a contracting party fulfills the requirements of § 38, paragraph 2 of the German Code of Civil Procedure and does not have a legal domicile in Germany.

The contract is governed by and shall be construed in accordance with the laws of the Federal Republic of Germany. The application of the UN Convention on the International Sale of Goods and the conflict of laws are precluded.

Should individual provisions of these General Terms and Conditions for Events be or become invalid or void, the validity of the remaining provisions shall remain unaffected thereby. In this case, the parties will agree upon a new provision being as close as possible to the sense of the invalid one.