CLOUTH Nr.1 Hotelbetriebs GmbH

Rathausgasse 17
12529 Schönefeld
Germany

Section 1 – Scope of Application, Definitions and Contracting Parties

1.1 These General Terms and Conditions (GTC) apply to all agreements concerning the temporary rental of hotel rooms for accommodation purposes and to all related services and supplies provided by the hotel to its guests and contractual partners (hereinafter collectively referred to as the “Guest”). They shall also apply to all future offers and services without the need for renewed agreement.

1.2 A “Consumer” is any natural person entering into the contract for purposes that are predominantly outside their trade, business, or self-employed professional activity (Section 13 German Civil Code – BGB).

An “Entrepreneur” is a natural person, legal entity, or partnership with legal capacity acting in the exercise of its commercial or independent professional activity when concluding the contract (Section 14 BGB).

1.3 Any deviating, conflicting, or supplementary terms and conditions of the Guest shall become part of the contract only if and to the extent that the Hotel has expressly agreed to their validity in text form. This requirement for consent applies in all cases, including where the Hotel performs services or accepts payments without reservation while being aware of the Guest’s terms and conditions.

1.4 In the event of conflicting contractual provisions, the following order of precedence shall apply:

a) Individual agreements;
b) Individual contract / booking confirmation;
c) These GTC;
d) Statutory provisions.

Section 2 – Subject Matter of the Contract

2.1 The Hotel operates a digitally oriented hotel concept with predominantly automated processes. The subject matter of the contract is the provision of a hotel room for temporary accommodation and, where applicable, the provision of additional hotel services (in particular breakfast, extra beds, accommodation of pets, parking facilities, and use of common areas).

2.2 The specific scope of services results from the respective booking, the booking confirmation, and the tariff conditions displayed during the booking process.

2.3 The Hotel additionally operates digital services such as online/mobile check-in, digital access systems (e.g. PIN codes, QR codes, mobile keys), automated information services, and AI-supported communication systems (chatbots).

Section 3 – Conclusion of Contract, Booking Channels and Reservation Confirmation

3.1 Bookings may be made via the Hotel website, by e-mail, telephone, connected online booking systems, online travel portals, and other intermediaries.

3.2 By making a booking request, the Guest submits a binding offer to conclude an accommodation agreement. The contract becomes effective upon acceptance by the Hotel. Acceptance is generally effected by sending a booking or reservation confirmation in text form (e.g. by e-mail) to the contact address provided by the Guest during the booking process.

3.3 Offers by the Hotel regarding available rooms are non-binding and subject to availability. The Hotel is not obliged to accept any reservation request.

3.4 Where a booking is made through third parties, the contract shall, unless otherwise agreed in the individual case, be concluded between the Guest and the Hotel. Intermediaries are not parties to the accommodation agreement unless they expressly act in their own name.

Section 4 – Digital Check-in Processes, Access Systems and Registration Obligations

4.1 The Hotel operates a predominantly digital check-in system. The Guest shall receive the required information and access credentials (e.g. check-in link, PIN code, QR code) prior to arrival or upon arrival in order to complete the registration form and activate digital access to the room.

4.2 As a rule, the following prerequisites apply for digital check-in and room activation:

a) complete and accurate provision of all information required in the registration form;
b) timely payment in accordance with Section 12 of these GTC; and
c) use of the check-in procedures specified by the Hotel (e.g. online forms, terminals, applications).

4.3 The Guest is obliged to comply with all statutory registration requirements and to provide all necessary information truthfully. The Hotel shall be entitled to verify the Guest’s identity and the information provided in the registration form by suitable means (e.g. copies of identification documents or identity verification procedures on-site or digitally).

4.4 The Hotel shall provide the Guest with digital or physical means of access for the duration of the stay. Passing such access credentials to third parties who are not registered co-travellers is prohibited. The Guest shall safeguard access credentials in such a way as to prevent unauthorised access by third parties and shall immediately notify the Hotel in the event of loss or suspected misuse.

4.5 The Hotel is under no obligation to maintain a permanently staffed reception desk. The Guest shall familiarise themselves in good time with the digital processes provided and shall immediately report any problems to the contact point specified in the booking documentation.

Section 5 – Electronic Communication and Automated Systems

5.1 Communication between the Hotel and the Guest shall predominantly take place electronically, in particular by e-mail, SMS, messaging services, through the Hotel or booking system, or via AI-supported chatbots. The Guest shall ensure that the electronic communication channels provided are operational and accessible and shall regularly check incoming messages, including spam folders.

5.2 The Hotel is entitled to transmit booking confirmations, check-in information, access credentials, invoices, instructions and other communications electronically, provided that no stricter statutory form requirements apply. Electronically transmitted declarations shall be deemed received as soon as they are retrievable in the Guest’s electronic mailbox at the address specified by the Guest.

5.3 The Hotel uses automated systems and AI-supported communication solutions to answer standard enquiries, send information and process procedures. The Hotel does not owe continuous personal telephone availability. Where required by the circumstances (particularly in cases of complaints, notices of defects or liability matters), the Hotel shall ensure human review and processing.

Section 6 – Use of Rooms, House Rules and Conduct within the Hotel

6.1 Rooms are provided exclusively for accommodation purposes. Any use for other purposes (in particular commercial use, events, productions, photo or film recordings) requires the Hotel's prior express consent.

6.2 The Guest shall have no right to a specific room unless this has been expressly guaranteed. The Hotel may assign the Guest a room of the same or a higher category.

6.3 Rooms shall be available from the check-in time specified during the booking process on the day of arrival (generally 3:00 p.m.) until the specified check-out time on the day of departure (generally 11:00 a.m.).

6.4 The Guest shall treat the rooms and all other Hotel facilities with due care, show consideration for other guests, neighbours and employees, and comply with the Hotel's house rules. This applies in particular to quiet hours, safety regulations, fire protection requirements and the use of common areas.

6.5 Subletting or re-letting of the rooms provided, or any other free-of-charge or remunerated transfer of use to third parties, is not permitted without the Hotel's express consent.

Section 7 – Visitors and Additional Guests

7.1 Visitors may stay in the rooms only to the usual extent and in compliance with the house rules. The Guest shall ensure that visitors respect the Hotel's rules.

7.2 Persons staying overnight must be declared to the Hotel as part of the registration process or on site. The Hotel shall be entitled to charge a separate fee for additional overnight guests in accordance with the current price list.

7.3 The maximum number of persons per room is determined by the booking confirmation. Any excess occupancy requires the Hotel's approval.

Section 8 – Pets, Allergy-Friendly Rooms and Accessible Rooms

8.1 Pets are permitted only in designated room categories and only upon prior notification and confirmation by the Hotel. The Hotel may limit the number of pets per room and exclude certain types of animals.

8.2 A separate fee per night and per pet shall be charged for bringing pets in accordance with the applicable price list. The Guest shall be liable for all damage caused by the pet within the Hotel, including additional cleaning and repair costs.

8.3 The Hotel may provide allergy-friendly rooms and accessible or wheelchair-friendly rooms. Any commitment regarding specific standards shall apply only if expressly confirmed. The Hotel does not guarantee full accessibility of the entire building.

Section 9 – Additional Services

9.1 Depending on the booked rate, breakfast may be included in the room price or may be booked separately. The type, scope and service times of the breakfast offering are determined by the Hotel's service description.

9.2 Early check-in and late check-out are chargeable additional services, subject to availability. The applicable fees and time slots shall be specified during the booking process or on site.

9.3 Extra beds, baby cots and similar additional services may be provided, subject to availability, against separate remuneration.

Section 10 – Parking, Underground Garage and Limitation of Liability for Third-Party

Operators

10.1 Depending on the location, the Hotel may arrange parking facilities for Guests in an underground garage or on outdoor parking spaces. To the extent that parking facilities are operated by an external operator, a separate contract shall be concluded between the Guest and such operator. In these cases, the Hotel acts solely as an intermediary or as a contractual party for discount or authorisation processes.

10.2 Subject to mandatory statutory liability provisions, the Hotel shall not be liable for service disruptions, booking errors or other breaches of duty attributable to the external operator. Any claims by the Guest must be asserted directly against the operator.

10.3 Vehicles are parked at the Guest's own risk. The Hotel shall not be liable for theft, damage to, or loss of vehicles or objects contained therein, unless such damage results from intentional misconduct or gross negligence on the part of the Hotel.

Section 11 – Prices, Taxes, Local Charges and Price Adjustments

11.1 The prices displayed by the Hotel at the time of conclusion of the contract shall apply. Unless otherwise stated in the individual case, such prices are total prices including statutory value added tax and regular charges.

11.2 Local charges not owed by the Hotel itself (e.g. cultural promotion taxes or city taxes) shall be borne by the Guest in accordance with applicable municipal regulations. The Hotel may collect such charges on behalf of the municipality and remit them to the competent authority.

11.3 In the event of changes in tax rates, charges, or the introduction of new and previously unforeseeable levies after conclusion of the contract, the Hotel shall be entitled to adjust prices accordingly to the extent permitted by law. With respect to Consumers, this shall only apply where a period of at least four months exists between conclusion of the contract and performance of the services, unless otherwise permitted by law.

Section 12 – Payment Terms, Methods of Payment and Due Date

12.1 Unless otherwise agreed, payment for the booked accommodation services and agreed additional services shall be made in advance. The Hotel may require the provision of a credit card, an online payment, or the use of a payment link as a prerequisite for concluding the contract or activating room access.

12.2 The Hotel accepts the methods of payment indicated during the booking process or on site (e.g. credit card, debit card, payment link, bank transfer, and, in exceptional cases, cash payment). The Guest shall have no entitlement to the use of a particular method of payment.

12.3 The Hotel shall be entitled to request an appropriate security deposit (e.g. credit card guarantee or cash deposit) upon conclusion of the contract or during the stay, in particular in respect of outstanding additional services, minibar charges, damages, or special cleaning costs.

Section 13 – Rates and Cancellation Policies, No-Show and Non-Refundable Rates

13.1 The Hotel offers different rates, which may differ in particular with regard to cancellation rights, rebooking options, advance payment requirements and included services (e.g. breakfast). The conditions displayed at the time of booking shall be decisive.

13.2 Unless another rate is expressly indicated and booked during the booking process, the standard rate shall apply. The standard rate is non-cancellable. Deviating cancellation or rebooking options exist only for rates expressly designated as such during the booking process.

13.3 Unless otherwise agreed in the individual case, the following principles shall apply to cancellable rates:

(a) A cancellation must be made in text form or by using the online cancellation process provided by the Hotel or the booking platform.

(b) Compliance with cancellation deadlines shall depend on the Hotel's receipt of the cancellation.

(c) If cancellation occurs within the period specified in the booked rate, no cancellation fees shall apply; any advance payments already made shall be refunded, if applicable less any non-refundable third-party services.

(d) If cancellation occurs after expiry of the period specified in the booked rate, the Hotel may charge a cancellation fee of up to the agreed accommodation price (less any expenses saved, where applicable).

13.4 In the case of non-cancellable or non-refundable rates, cancellation or rebooking is generally excluded. Accordingly, the agreed price shall remain payable even in the event of cancellation, non-arrival or early departure, provided that the Hotel was able to make the booked services available during the agreed period.

The Guest shall remain entitled to prove that the Hotel suffered no loss or only a significantly lower loss.

13.5 If the Guest fails to appear on the day of arrival and no timely cancellation has been received by the Hotel ("No-Show"), the Hotel shall be entitled to charge the agreed price in accordance with the conditions of the booked rate.

13.6 Any deviating cancellation and payment conditions agreed individually or stipulated in group agreements, allotment agreements or special contracts shall take precedence over the foregoing provisions.

13.7 To the extent that lump-sum cancellation fees are provided for under the booked rate, such fees shall be calculated on the basis of the damage typically incurred by the Hotel, taking into account expenses saved and any alternative use of the accommodation. The Guest shall expressly be entitled to prove that the Hotel suffered no damage or substantially lower damage than the amount claimed. The Hotel shall remain entitled to prove that a higher actual loss was incurred.

Section 14 – Group Bookings

14.1 Group bookings are reservations comprising the minimum number of rooms defined by the Hotel (currently seven rooms or more) for the same period or otherwise connected by factual circumstances. Separate agreements or allotment contracts with differing payment and cancellation conditions may apply to group bookings.

14.2 The respective conditions shall be communicated as part of the group enquiry or recorded in a separate agreement. In the event of any conflict, such agreements shall prevail over the general provisions of these GTC.

Section 15 – Liability

15.1 The Hotel shall be liable in accordance with statutory provisions for damage resulting from injury to life, body or health caused by a culpable breach of duty by the Hotel, its legal representatives or vicarious agents.

15.2 For all other damages, the Hotel shall be liable only in cases of intent and gross negligence as well as in the event of a breach of essential contractual obligations (cardinal obligations). In the latter case, liability shall be limited to foreseeable damage typical for this type of contract. Cardinal obligations are those obligations whose fulfilment is essential for the proper performance of the contract and upon whose observance the Guest may regularly rely. Any further liability shall be excluded, subject to mandatory statutory provisions.

15.3 The statutory provisions of Sections 701 et seq. of the German Civil Code (BGB), including the liability limits provided therein, shall apply to property brought into the Hotel by the Guest. The Guest is advised to store valuables, cash and other particularly valuable items only in the security facilities provided for this purpose (e.g. in-room safe or hotel safe at reception).

15.4 The Hotel shall be liable for vehicles and objects contained therein, as well as for items located in common areas, only in accordance with the foregoing provisions.

Section 16 – Liability for Platform Errors and Disrupted Communication via Third-Party Portals

16.1 If the Guest books through third-party platforms (OTAs, travel portals or intermediaries), communication is frequently conducted through such platforms. The Hotel has no influence over the technical availability, transmission of data or the content of messages sent by such platforms.

16.2 The Hotel shall not be liable for errors, delays, interruptions or misdirection of communication caused by disruptions or breaches of duty on the part of the respective platform or intermediary (in particular failure to forward booking confirmations, check-in data, access codes or other information), provided that the Hotel has duly fulfilled its own obligations regarding the transmission of such information.

16.3 The Guest is obliged to ensure in good time that all booking and check-in information has been received and, in the absence of the necessary information, to contact the Hotel. If the Guest fails to do so and arrives without access credentials, the Guest shall bear the risk of delayed arrival, unless the Hotel itself is responsible for a breach of duty.

Section 17 – Guest's Duties to Cooperate

17.1 The Guest is obliged to provide complete and accurate information when booking and checking in, in particular regarding name, address, contact details, number of accompanying persons and any required special information (e.g. company address for invoicing purposes, notice of pets or special needs).

17.2 The Guest shall ensure that the communication channels provided (e-mail address and telephone number) are operational and that spam filters or similar settings do not prevent receipt of messages from the Hotel or the booking platform. Any changes must be communicated to the Hotel without undue delay.

17.3 If the Guest cannot be reached due to incorrect or outdated contact information and booking, check-in or access information cannot therefore be delivered, the Guest shall bear the resulting risk, provided that the Hotel properly transmitted the information and no breach of duty on the part of the Hotel exists.

Section 18 – Damage, Special Cleaning, Liquidated Damages and Documentation

18.1 The Guest shall be liable for all damage to the building, rooms, inventory and other Hotel facilities caused by the Guest, accompanying persons, visitors or pets, provided that the Guest is responsible for such damage.

18.2 For the purpose of securing evidence and documenting damage, the Hotel may prepare internal reports and photographic documentation. Where possible, the Guest shall be informed on site or subsequently of any identified damage.

18.3 For extraordinary soiling exceeding normal wear and tear (e.g. excessive contamination, smoking in non-smoking rooms or contamination caused by animals), the Hotel may charge a reasonable special cleaning fee in accordance with its price list. The Guest shall remain entitled to prove that no damage or only lower damage was incurred; the Hotel shall remain entitled to claim higher damages if specifically proven.

Section 19 – Use of Internet Access / Wi-Fi

19.1 To the extent that the Hotel provides Wi-Fi or other internet access, such access is provided as a voluntary service. There shall be no entitlement to uninterrupted availability or any specific transmission speed.

19.2 The Hotel shall not be liable for outages, disruptions, transmission errors or other impairments of internet access unless such impairments result from intentional misconduct or gross negligence on the part of the Hotel.

19.3 The Guest undertakes to use the internet access lawfully and in particular not to retrieve, store or distribute unlawful content or otherwise commit any infringement of law (including infringements of copyright, trademark rights, personality rights, data protection laws or criminal laws). The Guest shall indemnify and hold the Hotel harmless from all third-party claims arising from unlawful use of the internet access by the Guest or persons attributable to the Guest, provided that the Guest is responsible for such conduct.

19.4 The Hotel's liability for damages arising from the use of internet access shall be limited to cases of intent and gross negligence; statutory provisions shall apply in cases involving injury to life, body or health.

Section 20 – Food and Beverages Brought onto the Premises; Breakfast Area

20.1 Consumption of food and beverages brought onto the premises is not permitted in the public areas of the Hotel (in particular the lobby, breakfast room, bar area and rooftop terraces designated as catering areas), unless otherwise indicated.

20.2 Breakfast must be consumed in the designated areas. Taking breakfast items away is permitted only where expressly allowed (e.g. takeaway offers). Any consumption outside breakfast hours or outside the designated areas requires the Hotel's consent.

20.3 The preparation of food in guest rooms (except by means of facilities expressly provided for this purpose, such as coffee machines) is prohibited for reasons of fire safety and hygiene.

Section 21 – Smoking Ban

21.1 The Hotel is generally a non-smoking hotel. Smoking is prohibited in all indoor areas, in particular in guest rooms, corridors and common areas, including the use of electronic cigarettes and comparable products, unless expressly designated smoking areas are available.

21.2 In the event of violations, the Hotel shall be entitled to charge the Guest a lump-sum fee for special cleaning and temporary closure of the room in order to cover additional expenses for cleaning, odour removal and, where applicable, the temporary inability to re-let the room. The Guest shall remain entitled to prove that a lower loss was incurred, while the Hotel shall remain entitled to prove a higher actual loss.

Section 22 – Charging of Electronic Devices and Means of Transport

22.1 Charging of e-bikes, e-scooters, pedelecs, large energy storage devices and comparable equipment is prohibited in hotel rooms and in areas not expressly designated for such purpose. Such devices may only be charged in specifically designated and approved areas.

22.2 Only technically sound and approved charging devices may be used. The Guest shall be liable for any damage arising from improper use, defective devices or violations of these provisions.

22.3 In the event of violations, the Hotel shall be entitled to terminate the accommodation agreement for good cause if continuation of the contractual relationship cannot reasonably be expected. Any claims of the Hotel for remuneration and damages shall remain unaffected.

Section 23 – Lost Property

23.1 Items found within the Hotel shall be handled in accordance with statutory provisions. The Hotel shall retain lost property for an appropriate period and, where the owner is known or can reasonably be identified, shall endeavour to notify such owner.

23.2 Lost property shall be returned at the Guest's request and risk. The Hotel shall be entitled to charge the costs incurred in this connection, in particular packaging, shipping and handling costs.

23.3 Upon expiry of the statutory or reasonable retention period, or in the case of low-value items, the Hotel shall be entitled to realise or dispose of such items.

Section 24 – House Rules and Right to Refuse Entry

24.1 The Hotel exercises domiciliary rights throughout all areas of the building and premises. Instructions issued by Hotel staff must be complied with.

24.2 The Hotel shall be entitled to refuse entry to persons or remove them from the premises if they violate the house rules, harass, endanger or harm other guests or employees, impair safety or the proper operation of the Hotel, or otherwise behave in a manner contrary to the contract.

24.3 In the event of serious or repeated violations of these GTC or the house rules that result in substantial disruption of Hotel operations, endanger safety or cause unreasonable disturbance to other guests, the Hotel may terminate the accommodation agreement without notice for good cause and remove the Guest from the premises.

Section 25 – Extraordinary Termination Rights and Force Majeure

25.1 The Hotel shall be entitled, in accordance with the applicable statutory provisions, to withdraw from the contract or terminate it extraordinarily for good cause, in particular if:

• the Guest has provided materially incorrect or incomplete information during the booking process or during the contractual relationship, particularly regarding identity, solvency or the purpose of the stay;

• force majeure or other circumstances beyond the Hotel's control render performance of the contract wholly or partially impossible;

• the Guest uses the room for purposes other than those contractually agreed or materially violates these GTC, the house rules or legitimate instructions of Hotel staff, and continuation of the contractual relationship cannot reasonably be expected of the Hotel;

• agreed advance payments or security deposits are not provided despite being due and despite the granting of a reasonable grace period; or

• other important reasons exist that make continuation of the contractual relationship unreasonable for the Hotel.

25.2 Force majeure within the meaning of these GTC shall mean events beyond the Hotel's sphere of influence that were unforeseeable at the time of conclusion of the contract and whose effects could not have been prevented even through reasonable care. Such events include, in particular:

• natural disasters;

• pandemics and measures ordered by public authorities;

• war, acts of terrorism, civil unrest or comparable events;

• widespread power outages or infrastructure failures; and

• other comparable events for which the Hotel is not responsible.

25.3 In the event of force majeure, the Hotel shall be entitled to suspend performance of its obligations, in particular the provision of rooms, for the duration of the impediment. Agreed dates and stays shall be postponed by the duration of the impediment plus a reasonable restart period. Amounts already paid shall be credited or refunded in accordance with the extent to which performance was actually possible.

Section 26 – Service Disruptions, Set-Off and Assignment

26.1 If the Customer is in default of payment, the statutory provisions of Sections 286 and 288 of the German Civil Code (BGB) shall apply. In relation to Entrepreneurs, the Hotel shall in particular be entitled to claim default interest and the statutory lump-sum compensation pursuant to Section 288 (5) BGB. In relation to Consumers, the Hotel may charge a reasonable reminder fee, whereby the Consumer shall remain entitled to prove that lower costs were incurred.

26.2 Rights of set-off and retention on the part of the Customer shall be excluded unless the counterclaim is undisputed or has been finally adjudicated by a court of law. In relation to Consumers, rights of retention arising from the same contractual relationship shall remain unaffected (Section 309 No. 2 lit. b BGB).

26.3 If the Customer is in default with due payments, the Hotel shall be entitled to withhold further services (in particular extension nights) or to provide such services only against advance payment and, after granting a reasonable period for payment, to terminate the contract for good cause and remove the Customer from the Hotel premises. Any further statutory rights shall remain unaffected.

26.4 Claims against the Hotel may only be assigned with the Hotel's prior consent. This shall not apply to pure payment claims of Consumers.

Section 27 – Climate Control, Sustainability Concept and Linen Change

27.1 The Hotel follows a sustainable and energy-efficient operating concept. For this reason, guest rooms are generally not equipped with conventional air-conditioning systems. Instead, the Hotel uses a concrete core activation system (radiant ceiling cooling), which enables gentle and energy-efficient temperature regulation within the premises.

27.2 The Guest shall have no entitlement to the provision or retrofitting of air-conditioning equipment unless the facilities of the respective room or offer expressly provide otherwise.

27.3 In order to reduce resource consumption, bed linen and towels shall generally be changed every two days for stays exceeding one night. More frequent changes may be offered upon the Guest's request and subject to availability against an additional charge.

Section 28 – Final Provisions

28.1 The laws of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). In relation to Consumers, this choice of law shall apply only to the extent that it does not deprive the Consumer of the protection afforded by mandatory provisions of the law of the country in which the Consumer has his or her habitual residence.

28.2 If the Guest is a merchant, a legal entity under public law or a special fund under public law, or if the Guest has no general place of jurisdiction within Germany, the exclusive place of jurisdiction for all disputes arising out of or in connection with the contractual relationship shall be the registered office of the Hotel. The Hotel shall also be entitled to bring proceedings against the Guest at the Guest's place of residence. Mandatory statutory places of jurisdiction applicable to Consumers shall remain unaffected.

28.3 Any amendments or supplements to the accommodation agreement and these GTC shall require text form.

28.4 Should individual provisions of these GTC be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. In place of the invalid or unenforceable provision, the provision that most closely reflects the economic purpose of the invalid or unenforceable provision shall be deemed agreed.