General Terms and Conditions of the Hotel Adler

I. Scope

1. These terms and conditions apply to contracts for the temporary rental of conference, banquet, and event rooms and other premises for the holding of events of all kinds, as well as for all related services and deliveries provided by Hotel Adler Groß-Gerau.

2. The subletting or further renting of the provided rooms, areas, or showcases, as well as public invitations or other promotional measures for job interviews, sales, or similar events, require the prior written consent of the hotel. Section 540 (1) sentence 2 of the German Civil Code (BGB) is waived insofar as the customer is not a consumer.

3. The customer's general terms and conditions apply only if expressly agreed upon in writing in advance.

II. Conclusion of Contract, Parties, Liability, Statute of Limitations

1. The contract is concluded upon acceptance of the customer's request by Hotel Adler.

2. If a third party makes the booking on behalf of the customer, the third party is jointly and severally liable with the customer for all obligations under the event contract, provided a corresponding declaration is submitted by the third party.

3. The customer is obligated to inform Hotel Adler, without being asked and at the latest at the time the contract is concluded, if the event, due to its political, religious, or other nature, is likely to endanger the smooth operation of the business, safety, or public reputation of the hotel.

4. Hotel Adler shall be liable with the diligence of a prudent businessman for its obligations arising from the contract. Claims for damages by the customer are excluded, except for damages resulting from injury to life, body, or health for which Hotel Adler is responsible, and other damages based on an intentional or grossly negligent breach of duty by Hotel Adler or on a breach of essential contractual obligations. A breach of duty by a legal representative or vicarious agent of the hotel is equivalent to that of the hotel itself. Should disruptions or deficiencies in the hotel's services occur, the hotel will endeavor to remedy the situation upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to contribute what is reasonable to rectify the disruption and minimize possible damage. Furthermore, the customer is obliged to inform Hotel Adler in good time of the possibility of an unusually high loss.

5. Messages, mail, and merchandise for the customer will be handled with care. The hotel undertakes delivery, storage, and – upon request – forwarding of the same for a fee. The provisions of section 4 sentences 2 to 4 apply accordingly.

6. If a parking space is provided to the customer in the hotel garage or on a hotel parking lot – even for a fee – this does not constitute a safekeeping agreement. There is no obligation on the part of the hotel to monitor. In the event of loss or damage to vehicles parked or maneuvered on hotel property, or their contents, the hotel is not liable, except in cases of intent or gross negligence. Section 4 sentences 2 to 4 apply accordingly. Any damage must be reported immediately.

7. All claims against Hotel Adler shall generally become time-barred one year after the beginning of the statutory limitation period under Section 199 (1) BGB. Claims for damages shall become time-barred after five years, regardless of knowledge. The above reduction of limitation periods does not apply to claims based on intentional or grossly negligent breaches of duty by Hotel Adler.

III. Services, Prices, Payment, Set-off

1. The customer is obligated to pay the agreed or customary prices of the hotel for the services ordered and used. This also applies to services and expenses arranged by the hotel with third parties at the customer's request, particularly claims of copyright collecting societies.

2. If a minimum turnover has been agreed and is not achieved, Hotel Adler may demand 60% of the shortfall as lost profit, unless the customer proves lesser damage or the hotel proves greater damage.

3. If more than four months elapse between contract conclusion and the event and the statutory VAT rate changes, prices shall be adjusted accordingly.

4. If more than four months elapse between contract conclusion and the event and the hotel increases its general prices for such services, the agreed price may be increased appropriately, but no more than 5%. For each further year beyond these four months, the upper limit increases by another 5%. Price changes under section 3 are unaffected.

5. Invoices from Hotel Adler are payable within 10 days of receipt without deduction unless otherwise agreed. The hotel may declare accrued claims due and demand immediate payment. In case of late payment, the hotel is entitled to charge the applicable statutory default interest. The hotel reserves the right to prove greater damage.

6. For each reminder after default, the customer must reimburse the hotel €5. The customer may prove that little or no costs were incurred.

7. The hotel is entitled to demand a reasonable advance payment upon contract conclusion or afterward. The amount and due dates can be agreed in writing.

8. The customer may only set off or reduce claims against the hotel with undisputed or legally binding claims.

IV. Customer Withdrawal (Cancellation, Revocation)

1. A cost-free withdrawal by the customer from the contract concluded with Hotel Adler requires the hotel's prior written consent. If this consent is not given, the agreed room rental from the contract as well as any services arranged with third parties must be paid in any case, even if the customer does not make use of the contractual services and a re-rental is no longer possible. This does not apply if Hotel Adler is responsible for breaching its duty to respect the rights, legal interests, or other interests of the customer, thereby making it unreasonable for the customer to uphold the contract, or if a legal or contractual right of withdrawal exists.

2. If a date for a cost-free withdrawal from the contract has been agreed in writing between Hotel Adler and the customer, the customer may withdraw from the contract until that date without triggering payment or damage compensation claims by Hotel Adler. The customer's right of withdrawal expires if they do not exercise this right in writing to Hotel Adler by the agreed date, unless a situation as outlined in clause 1, sentence 3, applies.

3. If the customer withdraws between the 8th and 4th week before the event date, Hotel Adler is entitled to charge, in addition to the agreed rental price and any third-party services, 35% of the lost food and beverage revenue; in case of a later withdrawal, 70% of the food and beverage revenue will be charged.

4. The calculation of the food and beverage revenue is based on the formula: menu price of the event plus beverages × number of participants. If no menu price has yet been agreed, the lowest-priced 3-course menu from the current event offerings will be used. Beverages will be calculated at one-third of the menu price.

5. If a conference package price per participant has been agreed, Hotel Adler is entitled, in the event of withdrawal between the 8th and 4th week before the event, to charge 60%, and in case of later withdrawal 85% of the conference package × the agreed number of participants.

6. The deduction of saved expenses is taken into account in clauses 3 to 5. The customer is free to prove that the claim mentioned above did not arise or did not arise to the claimed extent.

V. Withdrawal of the Hotel

1. If it has been agreed in writing that the customer can withdraw from the contract free of charge within a certain period, Hotel Adler is likewise entitled to withdraw from the contract during this period if there are inquiries from other customers regarding the contractually booked event rooms and the customer does not waive their right of withdrawal upon inquiry by Hotel Adler.

2. If an agreed or requested advance payment is not made even after a reasonable grace period set by Hotel Adler has expired, the hotel is also entitled to withdraw from the
contract.

3. Furthermore, Hotel Adler is entitled to withdraw from the contract for objectively justified reasons, for example if:

• force majeure or other circumstances beyond the hotel’s control make it impossible to fulfill the contract;
• events or rooms are booked with misleading or false information regarding essential facts (e.g. the identity of the customer or the purpose of the event);
• the hotel has justified reason to believe that the event might endanger the smooth operation of the business, safety, or the public reputation of Hotel Adler, without this being attributable to the hotel's sphere of control or organization;
• there is a violation of Section I.2 of these Terms and Conditions.

4. In the event of a justified withdrawal by Hotel Adler, the customer shall not be entitled to compensation. Should Hotel Adler claim damages against the customer, Hotel Adler may calculate such compensation as a lump sum. Section IV.3 to IV.6 apply accordingly.

VI. Changes in Number of Participants and Event Time

1. The customer is obliged to inform the hotel of the final number of participants no later than five working days before the event. This number shall be deemed the minimum contractual basis for billing.

2. If the actual number of participants exceeds the notified number, the actual number of participants will be charged.

3. If the actual number of participants is lower than the number notified, the customer will be charged based on the reported number, unless otherwise agreed. However, the customer is entitled to prove that the expenses saved by the hotel due to the reduced number of participants were higher.

4. If the agreed start or end times of the event are changed without the prior written consent of the hotel, the hotel may charge additional costs for the readiness and availability of staff and equipment, unless the hotel is at fault.

5. For events that extend beyond 11:00 p.m., the hotel may charge staff costs on an individual basis, unless a different agreement has been made. In addition, the hotel may pass on travel expenses for staff if they have to return home after public transportation has ended.

VII. Brought-in Items

1. The customer is generally not permitted to bring food and beverages to events.
Exceptions require a written agreement with Hotel Adler. In such cases, a fee to cover overhead costs will be charged.

VIII. Technical Equipment and Connections; Official Permits

1. If Hotel Adler procures technical or other equipment from third parties for the customer at the customer’s request, Hotel Adler acts on behalf of, with authority from, and at the expense of the customer. The customer is liable for the proper handling and return of the equipment. He shall indemnify Hotel Adler against all third-party claims arising from the provision of such equipment.

2. The use of the customer’s own electrical equipment using Hotel Adler’s power supply requires the hotel’s prior written consent. This may be subject to the provision of a hotel technician at the customer’s expense. Any disruptions or damage to Hotel Adler’s technical equipment caused by such use shall be borne by the customer, unless Hotel Adler is responsible. Hotel Adler may record and charge electricity costs incurred through such use at a flat rate.

3. The customer may, with the hotel’s consent, use their own telephone, fax, and data transmission systems. Hotel Adler may charge a connection fee for this.

4. If Hotel Adler’s appropriate facilities remain unused due to the connection of the customer's own systems, a usage fee may be charged.

5. Malfunctions in equipment provided by Hotel Adler will be remedied as quickly as possible. Payments may not be withheld or reduced if Hotel Adler is not responsible for the malfunctions.

6. The customer must obtain, in due time and at his own expense, any official permits required for the event. He is responsible for compliance with public law requirements and other regulations.

IX: Loss or Damage to Items Brought In

1. Exhibits or other items, including personal items, brought into the event rooms or the hotel are at the customer’s own risk. Hotel Adler assumes no liability for loss, destruction, or damage, including financial losses, except in cases of gross negligence or intent on the part of Hotel Adler. This exclusion does not apply to damage resulting from injury to life, body, or health, or if the safekeeping constitutes a typical contractual duty due to the circumstances. Apart from the cases mentioned in sentence 4, a safekeeping agreement requires express agreement.

2. Brought-in decoration materials and other items must comply with fire safety and other regulatory requirements. Hotel Adler may require proof of compliance. If this proof is not provided, Hotel Adler may remove materials already brought in at the customer's expense. Due to possible damages, the placement and installation of items must be coordinated in advance with the hotel.

3. Items brought in must be removed immediately after the event. If the customer fails to do so, Hotel Adler may remove and store the items at the customer’s expense. If the items remain in the event room, Hotel Adler may charge an appropriate usage fee for the duration of their stay. The customer may prove that no or significantly less damage occurred.

4. Other items left behind by event participants will only be returned on request, at the participant’s risk and expense. Hotel Adler will store such items for three months, after which they will be handed over to the local lost and found office if they are of apparent value.

X. Additional Agreements

1. For events with musical entertainment, please ensure that the volume remains at a level that does not disturb hotel guests or local residents. Musical entertainment must end at 01:00 a.m. This is the responsibility of the organizer and must be communicated to the musicians.
musikalischen Unterhaltung auf 01:00 Uhr festgelegt ist. Für die Einhaltung und die Information des Musikers ist allein der Veranstalter verantwortlich.

2. From midnight or after the end of the beverage package, we charge a night surcharge of €100.00 per hour. Beverage service is allowed until 01:30 a.m., and the event must end by 02:00 a.m.

XI: Customer Liability for Damages

1. If the customer is a business, they are liable for all damage to buildings or inventory caused by event participants or visitors, employees, other third parties from their area, or themselves. This also applies if the customer is a legal entity under public law, a political party, or a union.

2. Hotel Adler may require the customer to provide appropriate security (e.g., insurance, deposits, guarantees).

XII. Final Provisions

1. Changes or additions to the contract, acceptance of the application, or these event terms must be in text form to be valid. Unilateral changes or additions by the customer are invalid.

2. Place of performance and payment is Groß-Gerau.

3. The exclusive place of jurisdiction – also for check disputes – in commercial transactions is Groß-Gerau. This also applies if the customer meets the requirements of Section 38 (2) ZPO and has no general place of jurisdiction in Germany.

4. German law applies. The UN Convention on Contracts for the International Sale of Goods and conflict of laws rules are excluded.

5. 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. The parties shall agree on a new provision that comes as close as possible to the economic purpose of the invalid one.

Hotel Adler GmbH – Groß-Gerau, July 2025