GENERAL TERMS AND CONDITIONS (GTC)

(Version: April 2026)

1. Scope of Application

1.1 These General Terms and Conditions apply to all contracts for the rental of hotel rooms for accommodation purposes, including all associated services provided by EmiLu Hotel GmbH (hereinafter ‘the Hotel’). The term ‘hotel accommodation contract’ replaces terms such as accommodation contract, guest contract, or hotel room contract.

1.2 The subletting or further rental of the rooms provided, as well as their use for purposes other than accommodation, requires the Hotel’s prior consent in text form. Section 540 para. 1 sentence 2 BGB does not apply unless the customer is a consumer.

1.3 General terms and conditions of the customer apply only if the Hotel has expressly agreed in text form.

2. Conclusion of Contract, Contracting Parties, Limitation

2.1 Contracting parties are the Hotel and the customer. The contract is concluded upon acceptance of the customer’s request. The Hotel may confirm the booking in text form.

2.2 For online bookings via the Hotel’s booking platform, the Hotel accommodation contract is concluded upon booking confirmation. Technical confirmations (e.g., system or receipt confirmations) do not constitute acceptance unless explicitly designated as such. The Hotel’s booking confirmation is decisive.

2.3 Claims against the Hotel expire one year after the statutory start of the limitation period. Exempt are damages arising from intent, gross negligence, or injury to life, body, or health. For slightly negligent breaches of essential contractual duties, statutory limitation periods apply.

3. Services, Prices, Payment, Guest Registration, Set‑Off

3.1 The Hotel provides the booked rooms and services.

3.2 The customer pays the agreed or applicable prices, including services requested through the Hotel but provided by third parties.

3.3 Payments may be processed by external payment service providers acting as independent controllers or processors under data protection law. Details are provided in the Privacy Policy.

3.4 Legally required registration data is collected pursuant to applicable statutory provisions; see Privacy Policy.

3.5 Prices include taxes and levies applicable at the time of contract conclusion. Local taxes and levies that the Hotel is required to pay under the applicable municipal regulations (e.g., accommodation tax / “bed tax”) are not included in the prices and will be charged separately.

3.6 In the event of changes in VAT or local levies, the Hotel may adjust prices. For consumers, this applies only if more than four months pass between contract conclusion and service delivery.

3.7 If booked services are subsequently reduced, the Hotel may adjust prices.

3.8 Invoices are due within 14 days without deduction. Statutory default interest applies.

3.9 The Hotel may request reasonable advance payments or security deposits.

3.10 Creditworthiness checks

Where business credit reports are obtained

Our company may, upon conclusion of a contract and in certain cases where a legitimate interest exists, assess your creditworthiness.
For this purpose, we cooperate with Creditreform Solingen Kirschner GmbH & Co. KG, Kuller Str. 58, 42651 Solingen, from whom we obtain the data required for such assessments.
To this end, we transmit your name and contact details to Creditreform.

Further information on data processing by Creditreform is available in the detailed information sheet “Creditreform Information pursuant to Article 14 GDPR” (provided upon request) and at
www.creditreform.de/solingen/EU-DSGVO.

Where consumer credit reports are obtained

Our company also regularly reviews and monitors information regarding your previous payment behavior, upon conclusion of a contract and in certain cases where a legitimate interest exists, including with existing customers.

For this purpose, we cooperate with infoscore Consumer Data GmbH, Rheinstrasse 99, 76532 Baden-Baden, from whom we obtain the necessary data.
To this end, we transmit your name, address details and date of birth to infoscore Consumer Data GmbH.

Information pursuant to Article 14 of the EU General Data Protection Regulation regarding data processing carried out by infoscore Consumer Data GmbH is available at: https://www.experian.de/icd-infoblatt

4. Cancellation by the Customer / No‑Show

4.1 Cancellation is only possible if expressly agreed, legally provided, or approved by the Hotel.

4.2 If a free cancellation deadline was agreed, the customer may cancel free of charge until that date.

4.3 Without a cancellation right, the Hotel retains its remuneration claim. Saved expenses are credited. If re‑rental is not possible, the Hotel may charge 90% of the agreed price. The customer may provide evidence of lesser damage.

4.4 Claims for damages become immediately due.

5. Cancellation by the Hotel

5.1 If the customer has a cancellation right, the Hotel may cancel as well if other requests exist and the customer does not waive the right.

5.2 If a required advance payment is not made despite a deadline, the Hotel may cancel.

5.3 Cancellation is also permitted in cases of

• force majeure,
• misleading/fraudulent booking information,
• risks to business operations or safety,
• unlawful purpose of stay, or
• violation of section 1.2.

5.4 Cancellation must be issued in writing.

5.5 A justified cancellation does not give rise to customer damage claims.

6. Provision, Handover, Return

6.1 No entitlement to specific rooms unless expressly agreed.

6.2 Rooms are available beginning at 3:00 p.m. on the day of arrival.

6.3 Rooms must be vacated by 12:00 noon. Late departures may incur 50% (until 6 p.m.) or 90% (after 6 p.m.) charges.

6.4 Storing or charging e‑bikes, pedelecs or their batteries inside rooms or interior hotel areas is prohibited for safety and fire‑protection reasons. Charging is only allowed in designated areas. The Hotel may take measures to ensure safety and charge for damages incurred.

7. Liability of the Hotel

7.1 The Hotel is liable for damages resulting from injury to life, body or health, and for intentional or grossly negligent breaches. The same applies to vicarious agents.

7.2 The Hotel is liable for items brought into the Hotel in accordance with statutory law. Guests are advised to use the in‑room or hotel safe. For valuables above EUR 800 or items above EUR 3,500, a separate agreement is required.

7.3 No custody agreement arises for parking spaces. Annex GTCP applies.

7.4 Messages, mail, and deliveries are handled with care; liability per section 7.1.

8. Liability of the Guest

The guest is liable for all damages caused by themselves, accompanying persons, or third parties commissioned by them. The Hotel may charge the stored credit card.

9. House Ban

9.1 The Hotel maintains an open, tolerant environment. Racist, extremist, or discriminatory behavior or symbols are not tolerated.

9.2 The Hotel may refuse or end a stay of guests engaging in such behavior without refund.

10. Non‑Smoking Policy

10.1 The entire Hotel is non‑smoking.

10.2 Violations result in a special cleaning fee of at least EUR 250.

10.3 If the room becomes temporarily non‑rentable, the Hotel may reserve the right to charge for lost revenue.

10.4 Additional claims of the Hotel remain unaffected.

11. Credit Card Guarantee

A valid credit card is required. The Hotel reserves the right to charge subsequent to departure for damages or outstanding charges and will inform the guest accordingly.

12. Final Provisions

12.1 Amendments to these terms and conditions must be in writing.

12.2 Place of performance and payment is at the Hotel’s registered address.

12.3 Court of jurisdiction—where legally permissible—is the Hotel’s registered address.

12.4 German law applies; CISG excluded.

12.5 Personal data is processed under GDPR; see the Hotel’s Privacy Policy.

12.6 Invalid provisions do not affect the validity of the remaining terms.

Annex 1 – General Terms and Conditions for Parking Garages / Parking Spaces (GTCP)

1. Rental Agreement, Entry and License Plate Recognition

1.1 By entering the parking garage or hotel parking area (‘parking area’), the guest enters into a rental agreement with the Hotel the parking duration within the published opening hours in accordance with these terms.

1.2 Neither supervision nor safekeeping is part of this agreement. The Hotel assumes no duty of custody or special care for items brought into the parking area.

1.3 Parking in the Hotel’s underground garage operates using a license‑plate recognition system. Access occurs via the municipal parking garage Steinstraße; hotel guests must enter the hotel garage within the designated grace period. If this time period is exceeded, municipal parking fees apply. Hotel garage fees are billed by the Hotel. No contract of safekeeping is created.

2. General Use Provisions

2.1 The guest must exercise due traffic care and comply with posted traffic rules and safety instructions. Instructions by hotel staff concerning safety or house rules must be followed immediately. The German Road Traffic Regulations (StVO) apply accordingly.

2.2 Vehicles may only be parked within marked spaces and not in spaces reserved for long‑term tenants. The Hotel may relocate improperly parked vehicles at the guest’s expense. A flat fee may be charged; the guest may prove lower actual costs.

2.3 The Hotel may remove the guest’s vehicle from the parking area in cases of imminent danger.

2.4 Guests are advised to lock their vehicles securely and refrain from leaving valuables inside.

2.5 Opening hours are posted accordingly.

3. Use of Electric Vehicles and Charging Stations

3.1 Charging electric or hybrid vehicles is only permitted at designated charging stations.

3.2 Only suitable, certified charging cables may be used. The guest is responsible for the technical safety of the vehicle and accessories.

3.3 The guest must monitor the vehicle during charging. The Hotel assumes no liability for interruptions, malfunctions, or unavailable charging capacity.

3.4 Vehicles with visible battery or electrical defects may not enter or remain in the parking area. The Hotel may remove such vehicles at the guest’s expense if necessary.

3.5 The guest is liable for all damages caused by the vehicle, its battery, or the charging process to the parking area or other vehicles.

3.6 Charging is billed directly between the guest and the charging station operator at current rates and terms.

4. Safety and Conduct Regulations

4.1 Only walking speed is permitted. The following are prohibited: smoking and open flames; storage of fuels or dangerous items; unnecessary engine idling; parking vehicles with fuel leaks; fueling, repairs, washing, or interior cleaning; draining of coolants or oils; and distribution of advertising materials.

4.2 Staying in the parking area is only allowed for parking, loading/unloading, and vehicle retrieval.

4.3 Contaminations or spills caused by the guest must be removed immediately.

5. Fees / Parking Duration

5.1 Parking fees and maximum duration are based on the posted current price list.

5.2 Maximum parking duration is one month unless otherwise agreed.

5.3 After the maximum duration, the Hotel may remove the vehicle at the guest’s expense following written notice of at least two weeks, provided the vehicle’s value does not clearly exceed outstanding fees. The Hotel is entitled to charge a fee in accordance with the applicable price list until the vehicle has been removed.

5.4 If the guest occupies more than one space, the Hotel may charge the full fee for each occupied space.

6. Hotel Liability

6.1 The Hotel is only liable for damages caused intentionally or through gross negligence by the Hotel or its agents. This does not apply to injury to life, body, or health or to breaches of essential contractual obligations. Essential contractual obligations are those duties whose fulfilment is indispensable for the proper performance of the contract and on the observance of which the customer regularly relies.

6.2 The guest must report any damage to their vehicle to the Hotel immediately.

6.3 The Hotel excludes liability for damages caused by other guests or third parties, including destruction, theft, or damage to the vehicle or attached items.

6.4 If the Hotel parks or retrieves the guest’s vehicle upon request, no custody agreement is entered into. Damages caused to other vehicles must be covered by the guest’s motor vehicle liability insurance. The Hotel and its driver are not liable for damages to the guest’s vehicle unless caused intentionally, with gross negligence, or through violation of essential contractual obligations.

7. Guest Liability

7.1 The guest is liable for all damages culpably caused by themselves, their agents, or accompanying persons. Damages must be reported before leaving the parking area.

7.2 The guest is liable for cleaning costs resulting from contamination caused by them under section 4.2.

8. Lien / Retention / Sale

8.1 Due to outstanding claims from the rental agreement, the Hotel holds a statutory lien and retention right over the guest’s vehicle.

8.2 The Hotel may remove and/or sell vehicles or trailers without valid license plates if previously notified and the guest fails to act within a reasonable deadline, or without notice if the guest cannot be identified despite reasonable efforts. The guest is entitled to proceeds minus expenses and outstanding fees until removal.

8.3 The guest is liable for all costs incurred in connection with lawful removal of the vehicle.

GENERAL TERMS AND CONDITIONS FOR EVENTS

1. Scope

1.1 These terms and conditions apply to contracts between EmiLu Hotel GmbH and the contractual partner for the rental of conference, banquet and event rooms of the hotel for the implementation of events such as banquets, seminars, meetings, exhibitions and presentations as well as for everyone in this context for the Clients provided other services and deliveries by the hotel, in addition to the terms and conditions for the hotel accommodation contract, in particular for room bookings.

1.2 The subletting or re-letting of the leased rooms, areas or showcases as well as the invitation to job interviews, sales or similar events require the prior written consent of the hotel, whereby 540 para. 1 sentence 2 BGB is waived unless the client is a consumer .

1.3 General terms and conditions of the client only apply if this has been expressly agreed in writing beforehand.

2. Contract conclusion/partners, liability, limitations

2.1 The contract is concluded when the hotel accepts the client's application; the hotel is free to confirm the booking of the event in writing.

2.2 If the client / orderer is not the organizer himself, if the organizer engages a commercial agent or organizer, the organizer and the client are jointly and severally liable for all obligations under the contract, provided the hotel has a corresponding declaration from the organizer.

2.3 The hotel is liable for its obligations under the contract. Client claims for compensation are excluded. Excluded from this are damage resulting from injury to life, limb or health if the hotel is responsible for the breach of duty, other damage that is based on an intentional or grossly negligent breach of duty by the hotel and damage that is based on an intentional or negligent breach of typical contractual obligations of the hotel. Typical contractual obligations are those obligations, the fulfillment of which enables the proper execution of the contract in the first place and on which the clients can regularly rely. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Should disruptions or deficiencies in the hotel's services occur, the hotel will endeavor to remedy the situation as soon as it becomes aware of this or upon immediate complaint by the client. The client is obliged to do what is reasonable for him to remedy the disruption and to keep possible damage to a minimum. In addition, the client is obliged to inform the hotel in good time of the possibility of exceptionally high damage.

2.4 Claims against the Hotel expire one year after the statutory start of the limitation period. Exempt are damages arising from intent, gross negligence, or injury to life, body, or health. For slightly negligent breaches of essential contractual duties, statutory limitation periods apply.

3. Services, prices, payment, offsetting

3.1 The hotel is obliged to provide the services ordered by the client and promised by the hotel.

3.2 The Client must pay the Hotel's contractually agree/valid prices for these and other services which they use. This also applies to any services and advance payments of the Hotel to third parties requested by the Client, particularly for claims from copyrights collecting societies. Contractual prices include applicable value-added tax.

3.3 The agreed prices include the taxes applicable at the time the contract is concluded. In the event of changes in statutory sales tax or the introduction, change or abolition of local taxes on the subject of the service after the contract has been concluded, the prices will be adjusted accordingly. In the case of contracts with consumers, this only applies if the period between the conclusion of the contract and the fulfillment of the contract exceeds four months.

3.4 Hotel invoices without a due date are payable within fourteen days of receipt of the invoice without deduction. The hotel can demand immediate payment of due claims from the client at any time. In the event of default in payment, the hotel is entitled to demand the respectively applicable statutory default interest in the amount of currently 8 percentage points or, in the case of legal transactions in which a consumer is involved, in the amount of 5 percentage points above the base rate. The hotel reserves the right to provide evidence of higher damage.

3.5 The hotel is entitled to demand an appropriate advance payment or security deposit from the client upon conclusion of the contract, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed in writing in the contract.

3.6 In justified cases, for example the client's payment arrears or expansion of the scope of the contract, the hotel is entitled to make an advance payment or security deposit within the meaning of section 3.5 above or an increase in the advance payment or security deposit agreed in the contract up to the full, even after the conclusion of the contract up to the start of the event to demand the agreed remuneration.

3.7 The client can only offset or set off an undisputed or legally binding claim against a claim by the hotel.

4. Withdrawal by the client (cancellation)

4.1 The client can only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as any consent to a contract cancellation should be made in text form.

4.2 If an appointment has been agreed between the hotel and the client to withdraw from the contract free of charge, the client can withdraw from the contract until then without triggering payment or damage claims by the hotel. The client's right of withdrawal expires if he does not exercise his right to withdraw from the hotel by the agreed date.

4.3 If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination and the hotel does not agree to a cancellation of the contract, the hotel retains the right to the agreed remuneration despite not using the service. The hotel has to credit the income from renting the rooms to other parties as well as the saved expenses. The expenses saved in each case can be lumped in accordance with Sections 4.4, 4.5 and 4.6. The client is free to prove that the claim did not arise or did not arise in the required amount. The hotel is free to provide evidence that a higher claim has arisen.

4.4 If the client only withdraws between the 8th and 4th week before the date of the event, the hotel is entitled to charge 35% of the lost food sales in addition to the agreed rental price, and 70% of the food sales for any later withdrawal.

4.5 If a conference flat rate has been agreed for each participant, the hotel is entitled to charge 60% of the conference flat rate x the agreed number of participants in the event of withdrawal between the 8th and 4th week before the date of the event, and 85% in the case of a later withdrawal.

5. Withdrawal by the hotel

5.1 If it has been agreed in text form that the client can withdraw from the contract free of charge within a certain period of time, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other clients about the contractually booked event rooms and the client on request of the hotel not waiving his right to withdraw with a reasonable deadline.

5.2 If an agreed advance payment or a security deposit requested in accordance with Clauses 3.5 or 3.6 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 extraordinarily withdraw from the contract for an objectively justified reason, for example if

• Force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
• Events or rooms are booked with misleading or false information about essential contractual facts, e.g. about the person of the client or for the purpose of the event;
• the hotel has justified cause to believe that the event could endanger the smooth business operations, the security or the public image of the hotel, without this being attributable to the hotel's sphere of control or organization;
• the purpose or the occasion of the event is illegal;
• there is a violation of Section I No. 2.

5.4 The withdrawal is made in writing to the client.

5.5 If the hotel is justified in withdrawing from the contract, the client has no right to compensation.

6. Changes to the number of participants / time of the event

6.1 The hotel must be informed of any change in the number of participants no later than three working days before the start of the event; it requires the hotel's consent in writing.

6.2 In the event of an upward deviation, the actual number of participants will be charged.

6.3 If the number of participants deviates by more than 10%, the hotel is entitled to re-set the agreed prices and to swap the confirmed rooms, unless this is unreasonable for the client.

6.4 If the agreed start or end times of the event shift and the hotel agrees to these deviations, the hotel can appropriately invoice the additional service, unless the hotel is at fault.

7. Bringing private food and beverage

The client is generally not allowed to bring food and drinks to events. Exceptions require an agreement with the hotel in text form. In these cases, a contribution to cover overhead costs will be charged. The selection of a catering company requires the consent of the hotel.

8. Technical equipment and connections

8.1 If the hotel procures technical and other equipment from third parties for the client at the client's request, it acts in the name, on the power of attorney and for the account of the client. The client is liable for careful handling and proper return. He releases the hotel from all claims by third parties from the provision of these facilities.

8.2 The use of the client's own electrical systems using the hotel's electricity network requires the client's written consent. Malfunctions or damage to the hotel's technical systems caused by the use of these devices are at the expense of the client, unless the hotel is responsible for them. The hotel is entitled to record and calculate the electricity costs incurred through the use of the electricity.

8.3 The client is entitled, with the consent of the hotel, to receive his own telephone, fax and data transmission equipment. The hotel can charge a connection fee for this.

8.4 If suitable hotel systems remain unused due to the connection of the client's own systems, a cancellation fee may be charged.

8.5 Faults in technical or other equipment made available by the hotel will be rectified immediately if possible. Payments cannot be withheld or reduced if the hotel is not responsible for these disruptions.

8.6 The contractual partner must obtain all official permits that may be necessary for the implementation of the event at its own expense. He is responsible for complying with these permits and all other public law regulations in connection with the event. If the contractual partner transfers the provision of services within the framework of the event (such as construction work, etc.) to third parties, the contractual partner must ensure compliance with all relevant occupational health and safety regulations.

8.7 The contractual partner is responsible for handling the formalities and invoices required in the context of self-arranged music performances and sound reinforcement with the responsible institutions (e.g. GEMA).

8.8 The contractual partner may only use the name and trademark of the hotel in the context of advertising its event after prior consultation with the hotel.

9. Loss of or damage to objects brought along

9.1 Any exhibition or other items, including personal items, that are brought into the hotel's event rooms are at the client's risk. The hotel assumes no liability for loss, destruction or damage, not even for financial loss, except in the case of gross negligence or intent on the part of the hotel. This does not include damage resulting from injury to life, limb or health. In addition, all cases in which safekeeping is a typical contractual obligation due to the circumstances of the individual case are excluded from this exemption from liability. Typical contractual obligations are those obligations, the fulfillment of which enables the proper execution of the contract in the first place and which the client can regularly rely on to be adhered to.

9.2 Decoration material brought along must meet the fire protection requirements. The hotel is entitled to request official proof of this. If such evidence is not provided, the hotel is entitled to remove material that has already been brought in at the client's expense. Because of possible damage, the setting up and attachment of objects must be coordinated with the hotel in advance.

9.3 Exhibition or other objects brought along must be removed immediately after the end of the event. If the client fails to do this, the hotel may remove and store the items at the client's expense. If the objects remain in the event room, the hotel can charge appropriate compensation for use for the duration of their stay. The client is free to prove that the above-mentioned claim did not arise or did not arise in the required amount.

10. The client's liability for damage

10.1 The client is liable for all damage to buildings or inventory caused by the client, his employees, vicarious agents or event participants or visitors.

10.2 The hotel can require the client to provide appropriate securities (e.g. insurance, deposits, guarantees).

11. Final provisions

11.1 Changes and additions to the contract, the acceptance of applications or these general terms and conditions for events should be made in text form. Unilateral changes or additions by the clients are invalid.

11.2 The place of fulfillment and payment is the seat of EmiLu Hotel GmbH.

11.3 The exclusive place of jurisdiction - also for check and bill of exchange disputes - is the corporate seat of EmiLu Hotel GmbH in commercial transactions. If a contractual partner meets the requirements of Section 38 (2) ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the registered office of EmiLu Hotel GmbH.

11.4 German law applies. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. Conflict of laws provisions shall not apply.

11.5. If the client or the participants of the event are provided with a parking space in the hotel garage or in the hotel car park, even for a fee, this does not constitute a safekeeping agreement. Unless otherwise stipulated in the “Conditions for parking garages and hotel parking spaces” (AGBP), the liability of EmiLu Hotel GmbH towards customers and participants in events is determined in accordance with Section 6.1 of these conditions. The terms and conditions are available for inspection at our reception and can also be viewed and downloaded from our website at www.emilu-hotel.com.

11.6 Should individual provisions of these general terms and conditions for events be ineffective or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.