General Terms and Conditions (GTC)

I. Scope of application
1.1. These terms and conditions apply to contracts for the rental of hotel rooms for accommodation purposes, as well as all other services and deliveries provided by the hotel for the customer.
1.2. The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior written consent of the hotel, whereby § 540 para. 1 sentence 2 BGB is waived insofar as the customer is not a consumer. 1.3. 1 sentence 2 BGB is waived insofar as the customer is not a consumer.
1.3. The customer's terms and conditions shall only apply if this has been expressly agreed in writing in advance.

II. Conclusion of contract, contract partners; limitation period
2.1. The contract is concluded upon acceptance of the customer's application by the hotel. The hotel is at liberty to confirm the room booking in writing.
2.2. The contracting parties are the hotel and the customer. If a third party has ordered on behalf of the customer, he shall be liable to the hotel together with the customer as joint and several debtor for all obligations arising from the hotel accommodation contract, provided that the hotel has received a corresponding declaration from the third party.
2.3. all claims against the hotel shall generally become time-barred one year after the commencement of the regular limitation period of § 199 para. 1 BGB (German Civil Code), which is dependent on knowledge. Claims for damages become time-barred after five years, irrespective of knowledge. The shortening of the limitation period does not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

III. Services, prices, payment, offsetting
3.1. The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
3.2. The customer is obliged to pay the hotel's applicable or agreed prices for the provision of rooms and the other services used by him. This also applies to services and expenses of the hotel to third parties arranged by the customer.
3.3. The agreed prices include the respective statutory value added tax. If the period between conclusion and fulfilment of the contract exceeds four months and the price generally charged by the hotel for such services increases, the hotel may raise the contractually agreed price appropriately in accordance with § 315 BGB. The same applies if the hotel incurs additional costs due to official orders for special protection and hygiene requirements, also for the safety of the guest.
3.4. The prices may also be changed by the hotel if the customer subsequently requests changes to the number of rooms booked, the hotel's services or the length of stay of the guests and the hotel agrees to this.
3.5. Invoices of the hotel without a due date are payable within 10 days of receipt of the invoice without deduction. The hotel is entitled to declare accrued receivables due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to charge the applicable statutory default interest of currently 8% or, in the case of legal transactions in which a consumer is involved, 5% above the base interest rate. The hotel reserves the right to prove higher damages.
3.6. The hotel is entitled to demand an appropriate advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package holidays. The amount of the advance payment and the payment dates may be agreed in writing in the contract. 3.7. the customer may only offset or reduce a claim of the hotel with an undisputed or legally binding claim.

IV. Withdrawal by the customer (i.e. cancellation) / non-utilisation of the hotel's services
4.1. Withdrawal by the customer from the contract concluded with the hotel requires the hotel's written consent. If this is not given, the agreed price from the contract must be paid even if the customer does not utilise contractual services. This shall not apply in the event of a breach of the hotel's obligation to take into account the rights, legal interests and interests of the customer, if the customer can no longer reasonably be expected to adhere to the contract as a result or is otherwise entitled to a statutory or contractual right of cancellation.
4.2. If a date for free cancellation of the contract has been agreed in writing between the hotel and the customer, the customer may cancel the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer's right of cancellation shall expire if he does not exercise his right of cancellation in writing vis-à-vis the hotel by the agreed date, unless a case of cancellation by the customer pursuant to No. 1 sentence 3 exists.
4.3. In the case of rooms not used by the customer, the hotel shall offset the income from renting the rooms to other parties and the expenses saved.
4.4. The hotel shall be free to demand the contractually agreed remuneration and to make a lump-sum deduction for expenses saved. In this case, the customer is obliged to pay at least 90 % of the contractually agreed price for overnight accommodation with or without breakfast and 80 % for half-board arrangements. The customer is at liberty to prove that the above-mentioned claim did not arise or did not arise in the amount claimed.

V. Cancellation by the hotel
5.1. If the customer's right to cancel the contract free of charge within a certain period has been agreed in writing, the hotel is entitled to cancel the contract during this period if there are enquiries from other customers for the contractually booked rooms and the customer does not waive his right of cancellation upon enquiry by the hotel.
5.2. If an agreed advance payment or an advance payment demanded in accordance with Clause III No. 6 above is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.
5.3. Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if
- force majeure or other circumstances for which the hotel is not responsible, e.g. official closure orders, make the fulfilment of the contract impossible or significantly hinder it;
- rooms are booked under misleading or false statements of material facts, e.g. regarding the identity of the customer or the purpose;
- the hotel has reasonable grounds to believe that the use of the hotel's services may jeopardise the smooth operation of the hotel, safety, including health hazards, or the hotel's public reputation, without this being attributable to the hotel's sphere of control or organisation. Organisational area of the hotel;
- there is a breach of clause I no. 2 above.
5.4. In the event of justified withdrawal by the hotel, the customer shall not be entitled to claim damages.

VI. Room provision, handover and return/house rules
6.1. The customer is not entitled to the provision of specific rooms.
6.2. Booked rooms are available to the customer from 15:00 on the agreed day of arrival. The customer is not entitled to earlier availability.
6.3. On the agreed day of departure, the rooms must be vacated and made available to the hotel by 11:00 a.m. at the latest. After this time, the hotel may charge 50% of the full accommodation price (list price) for the delayed vacating of the room until 6.00 p.m., and 100% from 6.00 p.m. onwards. This shall not give rise to any contractual claims on the part of the customer. The customer is free to prove that the hotel has no or a significantly lower claim to a usage fee.
6.4. The guest is obliged to comply with the house rules applicable in the hotel. The hotel reserves the right to terminate the contract without notice in the event of breaches of the house rules. In the event of cancellation, the hotel's claim to remuneration shall remain in full. Any expenses saved shall be offset against the claim to remuneration.

VII. Animals
7.1. The customer is not permitted to bring animals into the hotel unless the customer receives written permission from the hotel.
7.2. If the customer brings animals into the hotel despite the above prohibition, the hotel is entitled to terminate the contract with the customer without notice. The hotel's claim to remuneration shall remain in full in the event of cancellation. Saved expenses shall be offset against the claim to remuneration.

VIII. Liability of the hotel
8.1 The hotel is liable for its obligations under the contract with the diligence of a prudent businessman. Claims of the customer for damages are excluded. Excluded from this are damages resulting from injury to life, body or health, if the hotel is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by the hotel and damages based on an intentional or negligent breach of typical contractual obligations of the hotel. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. Should disruptions or defects occur in the hotel's services, the hotel shall endeavour to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to make reasonable efforts to remedy the disruption and minimise any possible damage.
8.2. The hotel is liable to the customer for property brought into the hotel in accordance with the statutory provisions, i.e. up to one hundred times the room rate, up to a maximum of €25,000. Money, securities and valuables up to a maximum value of €100,000 may be deposited in the hotel safe. The hotel recommends that guests make use of this option. Liability claims expire if the customer does not notify the hotel immediately after becoming aware of the loss, destruction or damage (§ 703 BGB). The above number 1 sentences 2 to 4 apply accordingly to any further liability of the hotel.
8.3. If the customer is provided with a parking space in the hotel garage or in a hotel car park, even for a fee, this does not constitute a safekeeping agreement. The hotel shall not be liable for loss of or damage to motor vehicles parked or manoeuvred on the hotel property and their contents, except in cases of intent or gross negligence. The above number 1 sentences 2 to 4 apply accordingly.
8.4. Messages, post and consignments of goods for guests are handled with care. The hotel will deliver, store and - on request - forward them for a fee. The above number 1 sentences 2 to 4 apply accordingly.

IX. Final provisions
9.1 Amendments or additions to the contract, the acceptance of the application or these terms and conditions for hotel accommodation should be made in writing. Unilateral amendments or additions by the customer are invalid.
9.2. The place of fulfilment and payment is the registered office of the hotel.
9.3. The exclusive place of jurisdiction - also for disputes relating to cheques and bills of exchange - in commercial transactions is the registered office of the hotel. If a contractual partner fulfils the requirements of § 38 para. 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the hotel.
9.4. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
9.5. 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 provisions shall apply.

I. Scope of application
1.1 These terms and conditions apply to contracts for the rental of conference, banqueting and event rooms of the aja Resort for the organisation of events such as banquets, seminars, conferences, exhibitions and presentations, etc., as well as for all other related services and deliveries of the aja Resort. These terms and conditions are subsidiary to individual contractual agreements between the parties.
1.2. The subletting or re-letting of the rooms, areas or showcases provided as well as the invitation to interviews, sales or similar events require the prior written consent of the aja Resort, whereby § 540 para. 1 sentence 2 BGB is waived, insofar as the organiser is not a consumer.
1.3. Terms and conditions of the organiser shall only apply if this has been expressly agreed in writing in advance.

II. Conclusion of contract, contract partners, liability, statute of limitations
2.1 The contract is concluded by the acceptance of the application (confirmation) by the customer/orderer; the customer/orderer is the contract partner.
2.2 If the customer/orderer is not the organiser itself or if the organiser uses a commercial agent, the contract is concluded by the organiser. if a commercial agent or organiser is engaged by the organiser, the latter shall be jointly and severally liable with the organiser for all obligations arising from the contract, provided that the aja Resort has received a corresponding declaration from the organiser.
2.3. aja Resort shall be liable for its obligations arising from the contract with the diligence of a prudent businessman. Claims of the organiser for damages are excluded. Excluded from this are damages resulting from injury to life, body or health, if the aja Resort is responsible for the breach of duty, other damages that are based on an intentional or grossly negligent breach of duty by the aja Resort and damages that are based on an intentional or negligent breach of duties of the aja Resort that are typical for the contract. A breach of duty by the aja Resort is equivalent to that of a legal representative or vicarious agent. Should disruptions or defects in the services of the aja Resort occur, the aja Resort will endeavour to remedy the situation upon knowledge thereof or upon immediate complaint by the organiser. The organiser is obliged to make reasonable efforts to remedy the disruption and minimise any possible damage. In addition, the organiser is obliged to inform the aja Resort in good time of the possibility of the occurrence of exceptionally high damages.
2.4. All claims against the aja Resort are generally subject to a limitation period of one year from the start of the statutory limitation period. Claims for damages become time-barred after five years, irrespective of knowledge. The shortening of the limitation period does not apply to claims that are based on an intentional or grossly negligent breach of duty by the aja Resort.
2.5. In the case of other damages, the liability of the aja Resort is also limited for each individual case of damage and all cases of damage arising from and in connection with the contractual services to a maximum amount of € 3,000,000.00 for personal injury and property damage and to a maximum of € 100,000.00 for financial losses. The limitation and exclusion of liability shall not apply if the other damages are based on an intentional or grossly negligent breach of duty by aja Resorts, its legal representatives or executives. 2.6. aja Resort shall be liable to the contractual partner for items brought into the hotel in accordance with the statutory provisions, i.e. up to one hundred times the accommodation price, but not exceeding €3,500.00. Liability for valuables (cash, jewellery, etc.) is limited to €800.00. Money and valuables stored in the hotel safe are insured up to a maximum value of €25,600.00. The aja Resort recommends making use of this option. The liability claims expire if the contractual partner does not notify the aja Resort immediately after becoming aware of the loss, destruction or damage.
2.7. Insofar as the contractual partner is provided with a parking space in the garage or in a car park of the aja Resort, even for a fee, this does not constitute a safekeeping contract. The aja Resort has no duty of supervision. The aja Resort is not liable for loss of or damage to motor vehicles parked or manoeuvred on the property of the aja Resort and their contents, unless the aja Resort is responsible for intent or gross negligence. This also applies to vicarious agents of the aja Resort. The damage must be asserted against the aja Resort at the latest when leaving the property.
2.8. Wake-up calls are carried out by the aja Resort with the utmost care. Claims for damages, except for gross negligence or intent, are excluded.
2.9. Messages, mail and consignments of goods for the contractual partner and the participants of the event will be handled with care. The aja Resort shall be responsible for the delivery, storage and - upon request - forwarding of the same for a fee, as well as for lost property upon request. Claims for damages, except for gross negligence or intent, are excluded. The aja Resort is entitled to hand over the aforementioned items to the local lost property office after a storage period of one month at the latest and to charge a reasonable fee.
2.10. The guest is obliged to comply with the house rules applicable in the hotel. The hotel reserves the right to terminate the contract without notice in the event of breaches of the house rules. In the event of cancellation, the hotel's claim to remuneration shall remain in full. Saved expenses will be offset against the claim for remuneration.

III. Services, prices, payment, offsetting
3.1. aja Resort is obliged to provide the services ordered by the organiser and promised by the resort.
3.2. The organiser is obliged to pay the agreed or usual prices of aja Resort for these and other services used. This also applies to services and expenses of the aja Resort to third parties arranged by the organiser, in particular also for claims of copyright collecting societies. In addition, the contractual partner is liable for payment of all food and beverages ordered by the event participants, as well as other costs incurred by the event participants. This also applies if guests have been booked as "self-payers".
3.3 The agreed prices include the respective statutory VAT. If the period between the conclusion of the contract and the event exceeds four months and if the price generally charged by the aja Resort for such services increases, the contractually agreed price may be increased appropriately, but by no more than 5%. The same applies if the hotel incurs additional costs due to official orders of special protection and hygiene requirements, also for the safety of the guest.
3.4. Invoices of the aja Resort without a due date are payable within 10 days of receipt of the invoice without deduction. The aja Resort is entitled to declare accrued receivables due at any time and to demand immediate payment. In the event of late payment, the aja Resort is entitled to demand the applicable statutory default interest of currently 8% or, in the case of legal transactions involving a consumer, 5% above the base interest rate. The aja Resort reserves the right to prove higher damages.
3.5. aja Resort is entitled to demand a reasonable advance payment at any time. The amount of the advance payment and the payment dates can be agreed in writing in the contract.
3.6. The organiser can only offset or reduce a claim of the aja Resort with an undisputed or legally binding claim.

IV. Arrival and departure
4.1. The contractual partner does not acquire any claim to the provision of specific rooms, areas and premises, unless the aja Resort has confirmed the provision of specific rooms, areas and premises in writing.
4.2. Booked rooms are available to the contractual partner from 15:00 on the agreed day of arrival. He is not entitled to earlier availability, unless he has agreed this in writing with the aja Resort.
4.3. Booked rooms are to be occupied by the contractual partner or the corresponding event participants by 6:00 p.m. at the latest on the agreed day of arrival. Unless a later arrival time has been expressly agreed, the aja Resort has the right to reallocate booked rooms after 18:00 without the contractual partner being able to derive any claims for compensation from this. In this respect, the aja Resort is entitled to a right of cancellation. 4.4. on the agreed day of departure, the rooms must be vacated and made available to the aja Resort by 11:00 a.m. at the latest. Thereafter, the aja Resort may charge the daily room rate for the additional use of the room until 6:00 p.m., and 100% of the full valid accommodation rate after 6:00 p.m., in addition to the damage incurred by the aja Resort as a result. The guest is at liberty to prove to the aja Resort that no damage or significantly less damage has been incurred.

V. Withdrawal by the organiser (cancellation)
5.1. The following scale applies to the complete cancellation or non-use of hotel services:
- up to 8 weeks before arrival, cancellation is free of charge,
- up to 4 weeks before arrival, 60% of the contract value will be charged,
- up to 2 weeks before arrival, 70% of the contract value will be charged,
- up to 1 week before arrival, 80% of the contract value will be charged,
- less than 7 days before arrival, 90% of the contract value will be charged.
Cancellation of the contract concluded with the aja Resort by the organiser free of charge requires the written consent of the aja Resort. If this is not given, the agreed rent/logis for event rooms and booked rooms from the contract as well as services arranged with third parties must be paid in any case, even if the organiser does not make use of contractual services and re-letting is no longer possible. This shall not apply in the event of a breach of the aja Resort's obligation to take into account the rights, legal interests and interests of the organiser, if the organiser can no longer reasonably be expected to adhere to the contract as a result or is entitled to any other statutory or contractual right of withdrawal.
5.2. If a date for withdrawal from the contract free of charge has been agreed in writing between the aja Resort and the organiser, the organiser may withdraw from the contract until then without triggering payment or damage compensation claims by the aja Resort. The organiser's right of withdrawal expires if he does not exercise his right of withdrawal in writing vis-à-vis the aja Resort by the agreed date, unless a case according to number 1 sentence 3 exists.
5.3. The calculation of the lost food and beverage turnover is based on the formula: Menu price plus drinks × number of participants. If no price has yet been agreed for the menu, the cheapest 3-course menu of the respective valid event offer shall be used as a basis. Drinks shall be charged at one third of the menu price. 5.4. the deduction of saved expenses is taken into account in points 1 to 3. The organiser is at liberty to prove that the above-mentioned claim did not arise or did not arise in the amount claimed. The organiser reserves the right to provide evidence of lower damages, and the aja Resort reserves the right to provide evidence of higher damages.