Terms & Conditions

General Terms and Conditions of Quellness & Golf Resort GmbH & Co. Betriebs-KG for the Gutshof Brunnwies and Uttlau estates, golf operation and internet platform;
General Terms and Conditions of A. Hartl Investment GmbH & Co. Betriebs KG for the Gutshof Penning estate

General Terms and Conditions

of Quellness & Golf Resort GmbH & Co. Betriebs-KG

for the Gutshof Brunnwies and Uttlau estates, golf operation and internet platform

1. Scope of application

(1) These General Terms and Conditions (GTC) apply to all services provided by Quellness & Golf Resort GmbH & Co. Betriebs-KG (hereinafter also referred to as “Quellness Golf Resort” or “Provider”) to a guest, an organiser or other contractual partner. The services consist, inter alia, of the provision for use against payment of hotel and estate rooms and other rooms, e.g. for meetings, conferences and other events including their organisation and implementation, the sale of food and beverages, and for any further services or provisions by the Quellness Golf Resort hotel and estates. The Quellness Golf Resort is entitled to have its services provided by third parties. These GTC relate to all of the different contracts (e.g. rental of hotel bedrooms or event contracts) that are concluded with the Quellness Golf Resort Hotel and the respective estates, as well as all future contracts. The general terms and conditions of the contractual partner are only applicable if this has been agreed in writing between the contractual partners.

(2) The general terms and conditions of further contractual partners shall not apply, even if these are not expressly excluded by the Quellness Golf Resort. Any possible confirmation to the contrary with regards to other general business terms of a contractual partner is herewith expressly rejected.

(3) The terms agreed upon conclusion of the contract as well as any addenda shall also apply between the contractual parties.

(4) For all business transactions between Quellness & Golf Resort GmbH & Co. Betriebs-KG (hereinafter “Provider”) and the customer (hereinafter “Customer”) which are concluded through the online shop (hereinafter “Webshop www.quellness-golf.com”) of the Provider, the following General Terms and Conditions also apply exclusively in the version currently valid at the time of the order. Divergent terms of the Customer shall not be recognised, unless the Provider agrees to their validity in writing.

(5) The services offered in the Webshop of the Provider address consumers and entrepreneurs in equal measure, but are intended only for end-consumers. For the purposes of these General Terms and Conditions, (a) a consumer is every natural person who concludes a contract for a purpose that can be attributed to neither his/her commercial or independent occupational activities (Section 13 German Civil Code-BGB) and (b) an “entrepreneur” is a natural or legal person or a partnership with legal capacity which concludes a contract in the course of its commercial or independent business activities (Section 14 par. 1 BGB).

2. Conclusion of contract

(1) The contract comes into being upon verbal or written application by the contractual partner and requires acceptance by the Quellness Golf Resort. To this end, the Quellness Golf Resort is free to confirm verbally or in writing by letter, fax or email.

(2) If the contractual partner concludes a contingent contract, the contractual partner is liable for any damages caused culpably by the end user.

(3) Sub-leasing or re-leasing or the free-of-charge use of rented rooms by third parties as well as their use for purposes other than accommodation is permitted only with the express consent of the Quellness Golf Resort.

(4) The Customer may select services such as hotel accommodation, vouchers and green fee bookings from the website of the Provider and collect these in a shopping basket via the “into the shopping cart” button. Clicking the "Purchase" button constitutes a binding order to purchase the goods in the shopping basket. Customers can view and change their data at any time before submitting their order. The application can however be submitted and transferred only after the Customer ticks the box beside “I have read the GTC of your shop and agree with their validity” to indicate that these contractual terms are accepted and integrated into the application.

(5) The Provider then sends the Customer an automatic acknowledgement of receipt by email, in which the Customer's order is listed again and which the Customer can print using the "Print" function. The automatic acknowledgement of receipt merely documents that the Customer's order has been received by the Provider and does not constitute acceptance of the order. The contractual text shall be saved in compliance with data privacy policy.

(6) The contract is concluded in the German language.

Amendments to services and prices

(7) Changes to individual contractual services from the agreed content of the contract which become necessary after conclusion of the contract and which are effected in good faith by the Quellness Golf Resort are only permitted to the extent that the amendments are not substantial and do not affect the overall arrangement of the contractual service.

(8) In the case of an amendment in a contractual service, Quellness Golf Resort shall inform the customer. If the Customer does not object without delay, the altered contractual service shall be deemed as accepted; as a precautionary measure, Quellness Golf Resort is entitled to withdraw from the contract. If the Customer does not agree with the amendment to the contractual service, the Customer is also entitled to withdraw from the contract without penalty or to request participation in a contractual service of at least equal value, to the extent that the Quellness Golf Resort is able to offer such a contractual service to the Customer from the Quellness Golf Resort’s range of services. The Customer must exercise this right without delay following notification regarding the amendment to the contractual service by the Quellness Golf Resort.

(9) Irrespective hereof, the further contractual terms remain under continuation of the contract; any legal warranty claims shall also remain unaffected, insofar as the amended services should be defective.

(10) The Quellness Golf Resort undertakes to inform the Customer about significant changes to services immediately after becoming aware of the reason for the change.

(11) Insofar as the minimum number of participants determined in the description of services is not reached, the contract shall be considered as null and void. The Quellness Golf Resort is entitled to withdraw from the contract purely as a precautionary measure. The Quellness Golf Resort shall inform the Customer immediately upon the minimum number of participants having been reached. Moreover, withdrawal may be announced by the Quellness Golf Resort 7 days before the start of the contractual service at the latest. The Customer shall be reimbursed for services which have already been paid. The Customer is not entitled to exercise further claims.

3. Availability of services

(1) If no services for the product selected by the Customer on the website are available at the time of ordering, the Provider shall immediately inform the Customer of this in the order acceptance email. If the service is permanently unavailable, the Provider shall not confirm the order. In this case, a contract will not be concluded.

(2) If the service ordered by the Customer is only temporarily unavailable, the Provider will immediately inform the Customer of this in the order confirmation. In the event of a delivery delay of more than two weeks, the Customer is entitled to withdraw from the contract. The Provider is also entitled to withdraw from the contract in this case. In this eventuality, the Provider will immediately refund any payments already made by the Customer.

4. Provision, allocation and vacating of rooms

(1) Rooms are to be used exclusively for the purposes of accommodation.

(2) The Quellness Golf Resort Hotel or estates undertake to provide the booked rooms and the agreed services.

(3) Booked rooms shall be made available to the contractual partner from 3 pm on the agreed day of arrival. The contractual partner is not entitled to earlier provision of the rooms. To the extent that no other agreement has been made, the hotel and the estates of the Quellness Golf Resort are entitled to let booked rooms to other customers after 6 pm, without the contractual party being able to derive any rights or claims thereby.

(4) The contractual partner must vacate the rooms of the Quellness Golf Resort hotel at 12 noon at the latest on the agreed day of departure; rooms in the Quellness Golf Resort estates (Gutshof Uttlau, Gutshof Brunnwies and Gutshof Penning) must be vacated by 11.00 am at the latest. After this time, the Quellness Golf Resort hotel and the estates are entitled to charge the day-room rate until 6 pm and the full room price thereafter.

(5) The contractual partner may not claim the provision of a certain room. If booked rooms are not available, the contractual partner will be informed accordingly without delay and offered a replacement of equal value (e.g. in a different hotel or estate of the Quellness Golf Resort). If the contractual partner rejects this offer, any payments already made by the contractual partner must be reimbursed.

(6) The contractual partner is liable vis-à-vis the Quellness Golf Resort hotel or estate for all damages caused culpably by the contractual partner or by third parties who are provided with the services of the Quellness Golf Resort hotel or estates at the instigation of the contractual party.

(7) The contractual partner expressly recognises the house rules of the Quellness Golf Resort hotel and the estates, and likewise undertakes to observe the respective technical safety provisions.

5. Payment methods

(1) The Customer can pay by credit card or pay on-site at the hotel, irrespective of whether he has created a user account or not. The entitlement to remuneration arises upon conclusion of the contract and is due for payment upon invoicing.

(2) The Customer can change the method of payment information stored in their user account at any time.

(3) Vouchers must always be paid in advance; on-site payment is only possible in the case of purchase of a voucher in person on site at the hotel. If a voucher is ordered in the online shop at www.quellness-golf.com, the Customer may choose between payment upon invoice, by direct bank transfer (Sofortüberweisung) or by credit card.

(4) The Customer must pay for the booked services of the website in advance, when credit card is selected as method of payment. The amount due will not be reserved but rather debited immediately and completely from the credit card.

(5) The payment of compensation for the services is due immediately upon conclusion of the contract. If the due date for payment is agreed according to the calendar, the Customer falls into default when payment is not met by the due date. In this case, he must pay default interest to the Provider of 5% above the basic interest rate.

(6) The duty of the Customer to pay default interest does not foreclose the assertion by the Provider of further default damages or claims for compensation.

6. Withdrawal from the contract

(1) In accordance with statutory regulations, the Quellness Golf Resort is entitled to withdraw from the contract or cancel the contract if

a) owed performance by the contractual partner is not fulfilled.

b) force majeure or other circumstances for which the Quellness Golf Resort hotel or the estates are not responsible render the fulfilment of the contract impossible.

c) services are booked under misleading or false representation of the actual facts (e.g. in the person of the contractual partner or the purpose).

d) the accommodation is sub-let or re-let by the contractual partner without the prior, written permission of the Quellness Golf Resort hotel or the respective estate.

e) there are reasonable grounds for believing that the utilisation of the respective services could endanger the smooth operation, the safety or the public reputation of the Quellness Golf Resort hotel or estates, without this being attributed to the area of responsibilities of the Quellness Golf Resort hotel or estates.

(2) The justified withdrawal of the Quellness Golf Resort does not entitle the contractual partner to compensation. Any claim for compensation by the Quellness Golf Resort for damages incurred or for any expenses and performance already effected remain unaffected.

(3) The Quellness Golf Resort must inform the contractual partner in writing of the exercising of the right to withdraw from the contract immediately after the reasons for this become known.

(4) The justified withdrawal of the Provider does not entitle the contractual partner to compensation. Any claim for compensation for damages incurred by the Provider or for any expenses and performance already effected remain unaffected.

(5) The Provider must inform the contractual partner in writing of the withdrawal from the contract.

7. Cancellation

(1) Once made, bookings or reservations are binding for both the contractual partner and for the Quellness Golf Resort hotel or estates. Vouchers cannot be cancelled. In the case of cancellation by the contractual partner with regards to a stay at the hotel, the following compensation is payable:

a) no compensation if the written cancellation notice is received up to 31 days before the start of the provision of services.

b) 50% of the amount due if the written cancellation notice is received within 30 days before the start of the provision of services.

c) 80% of the amount due if the written cancellation notice is received within 15 days before the start of the provision of services.

d) 100% of the amount due if the written cancellation notice is not received and in the case of non-arrival.

The Quellness Golf Resort hotel and the estates expressly reserve the right to exercise further claims for compensation.

(2) The contractual partner is entitled to provide evidence that the claims made by the Quellness Golf Resort hotel or the respective estate were not incurred or not incurred to the extent of the amount claimed.

(3) To the extent that the Quellness Golf Resort Hotel or the respective estate can provide the cancelled services within the agreed period to a third party, the claim for damages against the contractual partner is reduced by the amount paid by this third party for the cancelled services, however up to the amount of the entire claim for damages at the most.

(4) Insofar as the contractual partner cancels the booking or reservation within 30 days of the start of the provision of services, with the exception of group bookings or events, or decides to depart prematurely during the stay, the cancellation regulations mentioned above shall apply in general. If, however, the contractual partner makes a legally-binding replacement booking on the same day as the cancellation or premature departure during a stay for the period of the following six months, the Quellness Golf Resort hotel or estate shall offset the cancellation fee with the net amount of the accommodation booked. Increases in price are expressly excepted from this arrangement and will be billed. Likewise, the replacement booking must be for the same price and room category.

Group bookings of 20 rooms or more can

- be cancelled free of charge up to 90 calendar days before arrival.

- be reduced free of charge by 20% of the booked or remaining rooms up to 60 calendar days before the arrival of the group.

- be reduced free of charge by 10% of the booked or remaining rooms up to 30 calendar days before the arrival of the group.

- be reduced free of charge by 5% of the booked or remaining rooms up to 14 calendar days before the arrival of the group and

- be reduced free of charge by 5% of the booked or remaining rooms up to 5 calendar days before the arrival of the group.

In the case of cancellation, remaining rooms will be billed at the rate of 80%.

Events (with or without accommodation)

In the case of events (overnight stays, room rental, food sales, beverages & conference flat-fees) with a gross transaction value of €5,000.00 and over,

- a 20% deposit as upfront payment upon conclusion of the contract plus

- a 30% deposit 30 calendar days before the start of the event is due.

Cancellations

- cancellations are possible free of charge up to 90 calendar days before the event.

- up to 60 calendar days before the event, the agreed number of participants can be reduced free of charge by 20%.

- up to 30 calendar days before the event, the agreed number of participants can be reduced free of charge by 10%.

- up to 14 calendar days before the event, the agreed number of participants can be reduced free of charge by 5%.

- up to 5 calendar days before the event, the agreed number of participants can be reduced free of charge by 5%.

In the case of events for up to 30 persons, the cancellation terms apply from 30 calendar days.

Changes in the number of participants

- If the number of participants changes by more than 20%, the hotel is entitled to reset the price.

- The hotel is entitled to adjust the conference room if the number of participants is reduced.

8. Liability

(1) Claims by the Customer for compensation for damages are excluded. Excluded from this are claims for compensation by the Customer arising from injury to life, limb or health, or from the violation of essential contractual obligations (cardinal obligations), as well as liability for other damages arising from the intentional or grossly negligent violation of obligations by the Provider, his legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is vital for achieving the goal of the contract.

(2) In the case of violation of essential contractual obligations, the Provider is liable only for damage of a nature that is foreseeable and typical for this type of contract and is caused by recklessness, unless the Customer claims damages relating to injury to life, limb or health.

(3) The restrictions mentioned in paragraphs 1 and 2 also apply in favour of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.

9. Prices, payment, offsetting

(1) All prices indicated on the Provider’s website are inclusive of the applicable statutory value added tax. The prices do not include postage charges, customs fees or similar charges, however. These must be borne by the Customer.

(2) Documents concerning the booked services shall be delivered by post or by email. The risk of lost or damaged shipments will be borne by the Provider if the Customer is considered a consumer under the German Civil Code (BGB).

(3) The further prices for services provided by the Quellness Golf Resort which include statutory VAT or sales tax depend on the price lists of the Quellness Golf Resort hotel and estates valid at the time of the provision of the services. All prices include the currently valid statutory VAT or sales tax. Increases in the rate of VAT must be borne by the contractual partner. If the period between the conclusion of the contract and the provision of services exceeds four months and the price charged by the Quellness Golf Resort hotel or the respective estate for the particular service increases, the contractually agreed price may be increased to a reasonable degree, however by not more than 10%. Later changes to the services may lead to changes in prices. The Quellness Golf Resort hotel and estates are entitled to request an upfront payment or security deposit of up to 100% of the entire payment obligation of the contractual partner upon conclusion of the contract. The amount of the deposit as well as the due date can be agreed in writing in the contract.

(4) If the contractual partner has booked within a period in which a large event or other occasion is taking place and the timing for this event is altered after conclusion of the contract for reasons beyond the control of the Quellness Golf Resort hotel and estates, the concluded contract shall apply for the new dates insofar as it is possible for the Quellness Golf Resort hotel and estates to provide the services on those dates. The Quellness Golf Resort hotel or the respective estate shall notify the contractual partner within a reasonable period as to the possibility of providing the services on the new dates. If the services cannot be provided on the new dates (e.g. due to rooms being booked already), the contractual parties may withdraw from the contract without stating reasons. In this case, claims by one party against the other are excluded. Any payments already made in this connection must be refunded.

(5) Payments by the contractual partner are due without deductions immediately after receipt of the invoice. If an invoice is posted, it is deemed to have been delivered to the recipient three days at the latest after being sent out. The statutory provisions apply in the case of default of payment.

(6) In general, invoices are to be paid immediately in cash or by credit card. The Quellness Golf Resort hotel reserves the right to refuse checks, credit cards or foreign currencies. Vouchers, for example from travel agents, are only accepted if a credit agreement exists with the company in question or corresponding upfront payments are made. Reimbursement is not granted for services not used.

(7) The preparation of a consolidated invoice shall not release the contractual partner from the duty to pay individual invoices on time. In the event of default in payment of an individual invoice, the Quellness Golf Resort hotel or the estates shall be entitled to withhold all further and future services, and to make provision of services contingent upon a deposit of up to 100% of the payment still outstanding.

(8) The contractual partner can offset a claim made by the Quellness Golf Resort hotel or the respective estate only with an indisputable or legally binding claim. Claims or other rights may be transferred only with the written agreement of the Quellness Golf Resort hotel or the respective estate.

(9) For every overdue notice, the contractual partner will be charged a dunning fee of €10 plus the statutory rate of default interest.

10. Information on the statutory provisions for distance contracts

(1) In concluding a distance contract, consumers have in principle a statutory right to revocation, about which the Provider informs the consumer based on the statutory template. The services of the Provider are however excepted from this right to revocation in accordance with Section 312 paragraph 2 (9) of the German Civil Code (BGB).

(2) Likewise, the right to revocation for a service also expires when a contract is fulfilled by both sides on the express wish of the consumer (Customer) before the consumer has exercised his right to revocation.

11. Information about data processing

(1) The Quellness Golf Resort will collect Customer data in the context of processing the contracts. When doing so, the Quellness Golf Resort will in particular observe the provisions of the German Federal Data Protection Act and the Telemedia Act (BDSG and TMG). Without the Customer's consent, the Provider will only collect, process, or use the inventory or usage data of the Customer insofar as this is needed to fulfil the contractual relationship and is required to enable and bill the usage of telemedia.

(2) The Quellness Golf Resort will not use Customer data for purposes of advertising, market research or opinion research without the consent of the Customer.

(3) The Customer always has the option of retrieving the data in their profile (available under "My data"), or modifying or deleting this. Reference is also made to the Privacy Policy relating to Customer consent and further information on data collection, processing and use, which is available on the Provider's website in printable form at any time via the "Data Protection" button.

12. Place of performance, jurisdiction, final provisions

(1) Place of performance and payment is the location of the Quellness Golf Resort hotel or the respective estate.

(2) Changes or supplements to the contract, the contract acceptance or these General Terms and Conditions require the written form.

(3) German law shall apply, to the exclusion of the UN Sales Convention.

(4) Provided that the Customer is a merchant, or the Customer resides outside the German Federal Republic, or is a legal entity under public law, or a separate entity under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider is the Provider's registered office.

(5) Should individual provisions of the contract, including of these General Terms and Conditions, be invalid, the validity of the remaining provisions is unaffected. The parties shall immediately replace the invalid provision with one that comes closest in intended purpose and economic meaning. The same applies in the case of an omission in the contractual provisions.

Bad Griesbach, June 2015

General Terms and Conditions
of A. Hartl Investment GmbH & Co. Betriebs KG

for the Gutshof Penning estate

1. Scope of application

(1) These General Terms and Conditions (GTC) apply to all services provided by A. Hartl Investment GmbH & Co. Betriebs KG (hereinafter also referred to as “Gutshof Penning” or “Provider”) to a guest, an organiser or other contractual partner. The services consist, inter alia, of the provision for use against payment of hotel rooms and other rooms, e.g. for meetings, conferences and other events including their organisation and implementation, the sale of food and beverages, and for any further services or provisions by the Provider. The Gutshof Penning is entitled to have its services provided by third parties. These GTC relate to all of the different contracts (e.g. rental of hotel bedrooms or event contracts) that are concluded with the Gutshof Penning, as well as all future contracts. The general terms and conditions of the contractual partner are only applicable if this has been agreed in writing between the contractual partners.

(2) Contractual partners are the estate and the Customer. The general terms and conditions of further contractual partners shall not apply, even if these are not expressly excluded by the Gutshof Penning. Any possible confirmation to the contrary with regards to other general business terms of a contractual partner is herewith expressly rejected.

(3) The terms agreed upon conclusion of the contract as well as any addenda shall also apply between the contractual parties.

(4) For all business transactions between A. Hartl Investment GmbH & Co. Betriebs KG (hereinafter “Provider”) and the customer (hereinafter “Customer”) which are concluded through the online shop (hereinafter “Webshop www.quellness-golf.com”) of the Provider, the following General Terms and Conditions also apply exclusively in the version currently valid at the time of the order. Divergent terms of the Customer shall not be recognised, unless the Provider agrees to their validity in writing.

2. Conclusion of contract

(1) The respective contract comes into being upon verbal or written application by the contractual partner and requires acceptance by the Gutshof Penning. To this end, the Gutshof Penning is free to confirm verbally or in writing by letter, fax or email.

(2) If the contractual partner concludes a contingent contract, the contractual partner is liable for any damages caused culpably by the end user.

(6) The contract is concluded in the German language.

3. Availability of services

4. Provision, allocation and vacating of rooms

(1) Rooms are to be used exclusively for the purposes of accommodation.

(2) The Gutshof Penning undertakes to provide the booked rooms and the agreed services.

(3) Booked rooms shall be made available to the contractual partner from 3 pm on the agreed day of arrival. The contractual partner is not entitled to earlier provision of the rooms. To the extent that no other agreement has been made, the Gutshof Penning is entitled to let booked rooms to other customers after 6 pm, without the contractual party being able to derive any rights or claims thereby.

(4) The contractual partner must vacate the rooms of the Gutshof Penning by 12 noon at the latest on the agreed day of departure. After this time, the Gutshof Penning is entitled to charge the day-room rate until 6 pm and the full room price thereafter.

(5) The contractual partner may not claim the provision of a certain room. If booked rooms are not available, the contractual partner will be informed accordingly without delay and offered a replacement of equal value (e.g. in a different hotel of the Quellness Golf Resort). If the contractual partner rejects this offer, any payments already made by the contractual partner must be reimbursed.

(6) The contractual partner is liable vis-à-vis the Gutshof Penning for all damages caused culpably by the contractual partner or by third parties who are provided with the services of the Gutshof Penning at the instigation of the contractual party.

(7) The contractual partner expressly recognises the house rules of the Gutshof Penning, and likewise undertakes to observe the technical safety provisions.

5. Payment methods

(2) The Customer can change the method of payment information stored in their user account at any time.

(6) The duty of the Customer to pay default interest does not foreclose the assertion by the Provider of further default damages or claims for compensation.

6. Withdrawal from the contract

(1) In accordance with statutory regulations, the Gutshof Penning is entitled to withdraw from the contract or cancel the contract if

a) owed performance by the contractual partner is not fulfilled.

b) force majeure or other circumstances for which the Gutshof Penning is not responsible render the fulfilment of the contract impossible.

c) services are booked under misleading or false representation of the actual facts (e.g. in the person of the contractual partner or the purpose).

d) the accommodation is sub-let or re-let by the contractual partner without the prior, written permission of the Gutshof Penning.

e) there are reasonable grounds for believing that the utilisation of the respective services could endanger the smooth operation, the safety or the public reputation of the Gutshof Penning, without this being attributed to the area of responsibilities of the Gutshof Penning.

(2) The justified withdrawal of the Gutshof Penning does not entitle the contractual partner to compensation. Any claim for compensation for damages incurred by the Gutshof Penning or for any expenses and performance already effected remain unaffected.

(3) The Gutshof Penning must inform the contractual partner in writing of the exercising of the right to withdraw from the contract immediately after the reasons for this become known.

7. Cancellation

(1) Once made, bookings or reservations are binding for both the contractual partner and for the Gutshof Penning. In the case of cancellation by the contractual partner, the following compensation is payable:

a) no compensation if the written cancellation notice is received up to 31 days before the start of the provision of services.

b) 50% of the amount due if the written cancellation notice is received within 30 days before the start of the provision of services.

c) 80% of the amount due if the written cancellation notice is received within 15 days before the start of the provision of services.

d) 100% of the amount due if the written cancellation notice is not received and in the case of non-arrival.

The Gutshof Penning expressly reserves the right to exercise further claims for compensation.

(2) The contractual partner is entitled to provide evidence that the claims made by the Gutshof Penning were not incurred or not incurred to the extent of the amount claimed.

(3) To the extent that the Gutshof Penning can provide the cancelled services within the agreed period to a third party, the claim for damages against the contractual partner is reduced by the amount paid by this third party for the cancelled services, however up to the amount of the entire claim for damages at the most.

(4) Insofar as the contractual partner cancels the booking or reservation within 30 days of the start of the provision of services, with the exception of group bookings or events, or decides to depart prematurely during the stay, the cancellation regulations mentioned above shall apply in general. If, however, the contractual partner makes a legally-binding replacement booking on the same day as the cancellation or premature departure during a stay for the period of the following six months, the Gutshof Penning shall offset the cancellation fee with the net amount of the accommodation booked. Increases in price are expressly excepted from this arrangement and will be billed. Likewise, the replacement booking must be for the same price and room category.

Group bookings of 20 rooms or more can

- be cancelled free of charge up to 90 calendar days before arrival.

- be reduced free of charge by 20% of the booked or remaining rooms up to 60 calendar days before the arrival of the group.

- be reduced free of charge by 10% of the booked or remaining rooms up to 30 calendar days before the arrival of the group.

- be reduced free of charge by 5% of the booked or remaining rooms up to 14 calendar days before the arrival of the group and

- be reduced free of charge by 5% of the booked or remaining rooms up to 5 calendar days before the arrival of the group.

In the case of cancellation, remaining rooms will be billed at the rate of 80%.

Events (with or without accommodation)

In the case of events (overnight stays, room rental, food sales, beverages & conference flat-fees) with a gross transaction value of €5,000.00 and over,

- a 20% deposit as upfront payment upon conclusion of the contract plus

- a 30% deposit 30 calendar days before the start of the event is due.

Cancellations

- cancellations are possible free of charge up to 90 calendar days before the event.

- up to 60 calendar days before the event, the agreed number of participants can be reduced free of charge by 20%.

- up to 30 calendar days before the event, the agreed number of participants can be reduced free of charge by 10%.

- up to 14 calendar days before the event, the agreed number of participants can be reduced free of charge by 5%.

- up to 5 calendar days before the event, the agreed number of participants can be reduced free of charge by 5%.

In the case of events for up to 30 persons, the cancellation terms apply from 30 calendar days.

Changes in the number of participants

- If the number of participants changes by more than 20%, the estate is entitled to reset the price.

- The estate is entitled to adjust the conference room if the number of participants is reduced.

8. Liability

(3) The restrictions mentioned in paragraphs 1 and 2 also apply in favour of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.

9. Prices, payment, offsetting

(1) The prices for the respective services which include statutory VAT or sales tax depend on the price lists of the estate valid at the time of the provision of the services. All prices include the currently valid statutory VAT or sales tax. Increases in the rate of VAT must be borne by the contractual partner. If the period between the conclusion of the contract and the provision of services exceeds four months and the price charged by the Gutshof Penning for the particular service increases, the contractually agreed price may be increased to a reasonable degree, however by not more than 10%. Later changes to the services may lead to changes in prices. The Gutshof Penning is entitled to request an upfront payment or security deposit of up to 100% of the entire payment obligation of the contractual partner upon conclusion of the contract. The amount of the deposit as well as the due date can be agreed in writing in the contract.

(2) If the contractual partner has booked within a period in which a large event or other occasion is taking place and the timing for this event is altered after conclusion of the contract for reasons beyond the control of the Gutshof Penning, the concluded contract shall apply for the new dates insofar as it is possible for the Gutshof Penning to provide the services on those dates. The Gutshof Penning shall notify the contractual partner within a reasonable period as to the possibility of providing the services on the new dates. If the services cannot be provided on the new dates (e.g. due to rooms being booked already), the contractual parties may withdraw from the contract without stating reasons. In this case, claims by one party against the other are excluded. Any payments already made in this connection must be refunded.

(3) Payments by the contractual partner are due without deductions immediately after receipt of the invoice. If an invoice is posted, it is deemed to have been delivered to the recipient three days at the latest after being sent out. The statutory provisions apply in the case of default of payment.

(4) In general, invoices are to be paid immediately in cash or by credit card. The Gutshof Penning reserves the right to refuse cheques, credit cards or foreign currencies. Vouchers, for example from travel agents, are only accepted if a credit agreement exists with the company in question or corresponding upfront payments are made. Reimbursement is not granted for services not used.

(5) The preparation of a consolidated invoice shall not release the contractual partner from the duty to pay individual invoices on time. In the event of default in payment of an individual invoice, the Gutshof Penning shall be entitled to withhold all further and future services, and to make provision of services contingent upon a deposit of up to 100% of the payment still outstanding.

(6) The contractual partner can offset a claim made by the Gutshof Penning only with an indisputable or legally binding claim. Claims or other rights may be transferred only with the written agreement of the estate.

(7) For every overdue notice, the contractual partner will be charged a dunning fee of €10 plus the statutory rate of default interest.

10. Information on the statutory provisions for distance contracts

11. Information about data processing

(1) The Provider will collect Customer data in the context of processing the contracts. When doing so, the Provider will in particular observe the provisions of the German Federal Data Protection Act and the Telemedia Act (BDSG and TMG). Without the Customer's consent, the Provider will only collect, process, or use the inventory or usage data of the Customer insofar as this is needed to fulfil the contractual relationship and is required to enable and bill the usage of telemedia.

(2) The Provider will not use Customer data for purposes of advertising, market research or opinion research without the consent of the Customer.

12. Place of performance, jurisdiction, final provisions

(1) Place of performance and payment is the location of the estate.

(2) Changes or supplements to the contract, the contract acceptance or these General Terms and Conditions require the written form.

(3) The law of the Federal Republic of Germany shall apply to the contractual relationship under exclusion of the UN Convention on Contracts for the International Sale of Goods.

Bad Griesbach, March 2015