AGB

GENERAL TERMS AND CONDITIONS – ACCOMMODATION AGREEMENT

1. SCOPE
These General Terms and Conditions define the rights and obligations of the parties within the framework of an accommodation agreement of Hotel Zoo Berlin (hereinafter referred to as the “Hotel”) for accommodation services as well as all services and deliveries provided by the Hotel in this context for the contractual partner (hereinafter referred to as the “Customer”).

2. FORMATION OF CONTRACT AND LIMITATION PERIODS
2.1 After making a reservation, the Customer will receive an acknowledgement of receipt by email.
2.2 If a third party makes a reservation for the Customer, such third party shall be jointly and severally liable to the Hotel together with the Customer.
2.3 The reservation confirmation and the Hotel’s website contain information on the handling of personal data and data processing.
2.4 All claims against the Hotel shall become time-barred in accordance with statutory provisions.

3. SERVICES, PRICES, PAYMENT AND SET-OFF
3.1 The Hotel is obliged to keep the rooms booked by the Customer available in accordance with the booking confirmation and to provide the agreed services.
3.2 The Customer is obliged to pay the agreed or applicable Hotel prices for the provision of the rooms and for any additional services used by the Customer. This also applies to services commissioned by the Customer directly or via the Hotel which are provided by third parties and advanced/paid by the Hotel.
3.3 The agreed prices include the taxes and local charges applicable at the time the contract is concluded. Not included are local charges which, under municipal/state law, are owed by the Customer (e.g. the Berlin City Tax, etc.). In the event of changes to statutory VAT or the introduction, amendment or abolition of local charges after the contract is concluded, the prices will be adjusted accordingly.
3.4 Hotel invoices are due for payment immediately upon receipt without deduction. If payment on account has been agreed, payment must—unless otherwise agreed—be made within seven days of receipt of the invoice without deduction. In the event of late payment, the Hotel is entitled to charge a processing fee of EUR 3 per established due date, up to a maximum total of EUR 9.
3.5 The Hotel is entitled, and upon conclusion of the contract will, to request an appropriate advance payment or security (deposit) from the Customer, for example in the form of a credit card guarantee.
3.6 If a deadline for free cancellation of the contract has been agreed between the Hotel and the Customer, the Customer may withdraw from the contract up to the agreed time; further provisions are set out in Clause 5.
3.7 In justified cases, the Hotel is entitled to refuse services (e.g. in the event of payment arrears or inappropriate conduct by the Customer).
3.8 If an agreed advance payment or security is not provided even after expiry of a reasonable grace period set by the Hotel, the Hotel is entitled to withdraw from the contract.
3.9 The Customer may only set off claims against the Hotel’s claims if the counterclaim is legally established (final and binding).
3.10 The Customer agrees that the invoice may also be sent electronically.

4. GROUP BOOKINGS
For group bookings, the following applies:
4.1 Online published prices do not apply to group bookings, i.e. bookings of 10 rooms/suites or more with the same or similar arrival and departure dates. If a reservation has been identified as a group booking, the Hotel reserves the right to contact the Customer regarding special terms and prices. For group bookings, the Hotel reserves the right to reject and cancel such reservations if the Customer does not accept the applicable booking conditions and prices of the Hotel. “Negotiated rates” (i.e. rates agreed separately between the Hotel and the Customer) are excluded from this regulation.
4.2 In the context of group bookings, the Hotel may make its consent to a subsequent reduction in the number of rooms booked, the Hotel services or the Customer’s length of stay contingent on an appropriate increase in the room price and/or the prices for other Hotel services.
4.3 For group bookings, the Customer’s withdrawal from the contract concluded with the Hotel requires the Hotel’s consent in text form, insofar as the service is no longer cancellable. If the Hotel does not consent, the service owed by the Customer must be provided.
4.4 Otherwise, the provisions of Clause 3 apply.

5. CANCELLATION AND NO-SHOW
5.1 If a deadline for free cancellation of the contract has been agreed between the Hotel and the Customer, the Customer may withdraw from the contract up to the agreed time without triggering any claims for damages by the Hotel. The cancellation conditions may be staggered in time, i.e. depending on the time of cancellation the Customer is obliged to pay the corresponding amount. The Customer’s right of cancellation expires if the Customer does not exercise the right of withdrawal towards the Hotel in text form by the agreed deadline.
5.2 The decisive factor for the timeliness of the withdrawal declaration is its receipt by the Hotel. The Customer must declare the withdrawal in text form (within the meaning of Section 126b of the German Civil Code (BGB)).
5.3 If no right of withdrawal has been agreed or such right has already expired, the Hotel retains the claim to the agreed remuneration despite non-use of the service. The Hotel must credit the expenses saved.
5.4 For non-cancellable rates, prepaid amounts will not be refunded.
5.5 Customers who depart before the booked departure date will be charged for the overnight stays up to the agreed departure date.
5.6 If the Hotel withdraws with justification, the Customer shall not be entitled to damages.

6. ROOM PROVISION, CHECK-IN AND RETURN
6.1 The Customer has no entitlement to the provision of specific rooms unless this has been expressly agreed in text form. Specific rooms can be booked for an appropriate surcharge.
6.2 Booked rooms are available to the Customer from 3:00 p.m. on the agreed arrival date. The Customer has no entitlement to earlier availability.
6.3 On the agreed departure date, rooms must be vacated and made available to the Hotel by 12:00 noon at the latest. Thereafter, due to late vacating, the Hotel may charge an appropriate fee for use beyond the contract period.
6.4 The Hotel provides Wi-Fi access enabling the Customer to connect to the internet. The Customer undertakes to ensure that the computer resources provided by the Hotel are not used for illegal purposes or in any way for the reproduction, display, provision or public communication of works or objects protected by copyright or related rights—such as texts, images, photos, etc.—without the permission of the copyright holder where such permission is required. The Customer agrees to be bound by all terms and conditions of the Hotel’s Wi-Fi provider.

7. HOTEL LIABILITY
7.1 The Hotel is liable, in accordance with statutory provisions, for damages for which it is responsible resulting from injury to life, body or health. The Hotel is also liable for damages based on intentional and grossly negligent breaches of contract-typical obligations. In these cases, liability is limited to the foreseeable damage typical for the contract. Contract-typical obligations are those obligations which make proper performance of the contract possible in the first place and on the fulfilment of which the Customer relies and may rely.
7.2 The Customer is obliged to do what can reasonably be expected in order to remedy any disruption and to minimise possible damage. If the Customer culpably fails to report a defect to the Hotel, any claim for reduction of the contractually agreed remuneration is excluded.
7.3 The Hotel is liable for items brought in by the Customer in accordance with statutory provisions (Sections 701 et seq. BGB). The Hotel recommends using the in-room safe.
7.4 If the Customer is provided with a parking space on the Hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. The Hotel is not liable for loss of or damage to vehicles, motorcycles or trailers parked or manoeuvred on the Hotel premises and their contents, except in cases of intent or gross negligence.
7.5 Lost property is stored by the Hotel for six months and an appropriate fee is charged upon collection; thereafter the Hotel is entitled to dispose of the items.
7.6 The Hotel assumes no liability and pays no compensation if the fulfilment of obligations (within the scope of the accommodation agreement) is prevented or impaired directly or indirectly by force majeure or other circumstances beyond the Hotel’s control; this includes, by way of example, water ingress, terrorist acts, fire, natural disasters, failures of electricity, gas, water or other utilities, as well as other unforeseeable events or pandemics.

8. WEBSITE INFORMATION
The Hotel has made all reasonable efforts to ensure the accuracy of the information on the Hotel’s website; however, the Hotel accepts no responsibility for any errors or omissions. The Hotel reserves the right to change or remove non-binding information and offers on the website at any time and without prior notice; only the services confirmed in connection with a booking are binding.
The content of the Hotel’s website is subject to copyright and may not be copied, reproduced, published, distributed or altered for other purposes without prior consent.
Hyperlinks to third-party websites are provided for user convenience; the Hotel assumes no responsibility for the content or use of third-party websites.

9. MISCELLANEOUS
9.1 The Customer accepts the Hotel’s applicable house rules. In the event of a breach of the smoking ban, the Customer will be charged an appropriate compensation for expenses (e.g. cleaning of curtains and fabric coverings). Reference is otherwise made to the house rules.
9.2 In an effort to create a peaceful environment for all customers, parties of any kind are not permitted in hotel rooms. Noise complaints are taken very seriously.
9.3 A maximum of two persons is permitted in a hotel room, regardless of category.
9.4 If the Customer provides false information or books while withholding material facts and the Customer’s identity, ability to pay or purpose of stay cannot be verified beyond doubt, the Hotel reserves the right to withdraw extraordinarily; this also applies to violations under Clauses 9.2 and 9.3.

10. FINAL PROVISIONS
10.1 The Hotel may amend these General Terms and Conditions at any time.
10.2 Amendments and additions to the contract or these General Terms and Conditions must be made in text form. Unilateral amendments or additions by the Customer are invalid.
10.3 Place of performance and payment is the location of the Hotel.
10.4 Place of jurisdiction is the registered office of the Hotel; this also applies if the Hotel’s contractual partner has no general place of jurisdiction in Germany.
10.5 The law of the Federal Republic of Germany applies.
10.6 If individual provisions of these General Terms and Conditions are or become invalid or void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions apply.

Version: 1 January 2025

GENERAL TERMS AND CONDITIONS – EVENTS

1. GENERAL
1.1 These General Terms and Conditions apply to the rental of conference, banquet and exhibition rooms as well as the agreement on other deliveries and services.
The reservation of conference, banquet and exhibition rooms and the agreement on other deliveries and services are binding for Hotel Zoo Berlin (hereinafter referred to as the “Hotel”) and the organiser once the organiser has signed a copy of the order confirmation and returned it to the Hotel within the deadline specified in the order confirmation; the following General Terms and Conditions are also accepted and form part of the contract.
1.2 If the person conducting the event is not the organiser itself or if the organiser engages a commercial intermediary or organiser, the organiser shall be jointly and severally liable together with the third party for all obligations arising from the contract. Irrespective of this, the organiser is obliged to pass on all booking-relevant information—especially these General Terms and Conditions—to the third party in a binding manner.
1.3 The organiser’s general terms and conditions shall only apply if they have been expressly agreed in text form in advance.
1.4 If the contract is not concluded within the period specified in the order confirmation, the Hotel may rent the reserved premises to others.
1.5 Subletting or re-letting the rooms and areas provided requires the Hotel’s prior consent in text form, whereby Section 540 (1) sentence 2 BGB is excluded insofar as the organiser is not a consumer.
1.6 If room bookings are also part of the subject matter of the contract, the General Terms and Conditions for the accommodation agreement apply to the provision of the rooms.

2. PRICING
2.1 The rent for event rooms and the costs for other deliveries and services are agreed when the event is arranged and are set out in the order confirmation.
2.2 If, at the organiser’s request or due to the organiser’s conduct, the Hotel provides its services in scope or rental period beyond the agreed event conditions, additional room rental and service charges will be due based on itemised evidence.
2.3 In the event of an increase in VAT, the Hotel reserves the right to adjust the gross amount accordingly.

3. PURPOSE / SERVICES
All Hotel services may be used exclusively for the contractually agreed purpose. All services to which the organiser is entitled are exhaustively described in the written agreements.

4. ORGANISER’S LIABILITY
The organiser is liable to the Hotel for payment of any additional services used by event participants, and for compensation for losses and damage caused by employees, assistants or event participants, without the need to prove fault.

5. CHANGES TO SERVICES
5.1 The Hotel is entitled to replace agreed services with equivalent services. Equivalent services are those that essentially offer the same value, quality and benefit for the Customer as the originally agreed service with regard to the offered service, quality, price level and, where applicable, the booked room category.
5.2 In particular, the allocation of rooms is the responsibility of the Hotel—unless contractually specified—and depends on the number of persons and availability. Corresponding rules in the event of a reduction in the number of participants are set out in the contract.
5.3 If the agreed start or end times of the event are postponed and the Hotel agrees to these deviations, the Hotel may charge appropriately for the additional service unless the Hotel is at fault. Provision beyond the contractually agreed event time is only possible depending on room availability (i.e. if the event room is rented out afterwards, extending the end time is not possible).

6. CANCELLATIONS
6.1 The cancellation deadlines result from the contractual agreement.
6.2 If the rented rooms are cancelled within the time limits stated above in Clause 6.1, the organiser owes the amount corresponding to the cancellation conditions.
6.3 All special services (third-party services booked by the Hotel on behalf of the organiser) are payable at 100% regardless of the time of cancellation.
6.4 The organiser reserves the right to prove a lower amount of damage or lower expenses incurred by the Hotel.

7. WITHDRAWAL
7.1 If a deadline for free withdrawal from the contract (cancellation agreement) has been agreed in text form between the Hotel and the organiser, the organiser may withdraw up to that date without triggering any payment or damages claims by the Hotel. The organiser’s right of withdrawal expires if the organiser does not exercise the right of withdrawal towards the Hotel in text form by the agreed deadline. The decisive factor is the time of receipt of the written withdrawal/cancellation notice by the Hotel. The applicable date and local time is that of Berlin (Germany).
7.2 If contractually agreed that the organiser may withdraw/cancel free of charge within a certain period, the Hotel is entitled to withdraw from the contract within this period if the Hotel receives enquiries from other organisers for the contractually booked event rooms.
7.3 If an agreed or requested advance payment or security (see Clause 12) is not made, or is not made even after expiry of a reasonable grace period set by the Hotel, the Hotel is entitled to withdraw from the contract.
7.4 The Hotel reserves the right to withdraw from the contract for good cause, e.g. if:
A. an agreed advance payment is not made even after a reminder;
B. force majeure or other circumstances beyond the Hotel’s control make fulfilment of the contract impossible;
C. event rooms were booked using misleading or false statements of material facts (e.g. person or purpose);
D. there is justified reason to assume that use of the Hotel services could endanger the smooth operation, security or public reputation of the Hotel, without this being attributable to the Hotel’s sphere of control/organisation.
7.5 In the event of the Hotel’s withdrawal for good cause, there is no entitlement to damages. The Hotel’s claims for damages remain unaffected.

8. LIABILITY / LIMITATION PERIOD
8.1 The Hotel is liable in accordance with statutory provisions, but not for loss, theft or damage to items brought in, including valuables, unless the loss or damage was caused by gross negligence or intent on the part of the Hotel or its employees. The organiser and participants are obliged to keep valuables and personal items safe. Excluded from this limitation of liability are damages resulting from injury to life, body or health where the Hotel is responsible for the breach of duty. To the extent permitted by law, the Hotel’s liability for slight negligence is excluded, in particular for indirect damages and consequential damages.
8.2 The organiser is also liable to the Hotel for payment of any additional services used by event participants beyond Clause 2.1, as well as for losses and damage caused by employees, assistants or event participants, without the need to prove fault.
8.3 The organiser is also liable for all damage to the building or inventory caused by event participants/visitors, employees, other third parties from the organiser’s sphere or by the organiser itself.
8.4 If rooms or suites are part of the event, defects or damage to the room/suite must be reported to reception immediately. The organiser is obliged to return the room/suite in proper and original condition. If damage occurs or Hotel property is stolen, damages must be paid.
8.5 The use of the organiser’s own electrical systems drawing on the Hotel’s power grid requires the Hotel’s consent. The organiser is liable for any disruptions or damage to the Hotel’s technical systems unless the Hotel is responsible. Disruptions or damage caused by the use of the organiser’s own systems and equipment shall be borne by the organiser unless the Hotel is responsible.
8.6 If disruptions or defects occur in the Hotel’s services, the Hotel will endeavour to remedy them upon becoming aware of them or upon the organiser’s immediate complaint. The organiser is obliged to do what can reasonably be expected to remedy the disruption and minimise possible damage. The organiser is also obliged to inform the Hotel in good time of the possibility of exceptionally high damage occurring.
8.7 The Hotel is not liable for damage caused by misconduct or improper use of the premises and/or by items belonging to the organiser.
8.8 All claims against the Hotel are generally time-barred within one year from the statutory commencement of the limitation period. Claims for damages become time-barred after three years irrespective of knowledge, provided they are not based on injury to life, body, health or freedom. These shortened limitation periods do not apply to claims based on intentional or grossly negligent breach of duty by the Hotel.

9. DECORATION MATERIALS, EXHIBITS AND OTHER ITEMS / PERMITS
9.1 Attaching decoration materials or other items is not permitted without the Hotel’s consent.
9.2 The organiser warrants that such materials comply with fire safety requirements. The Hotel may request evidence and certificates.
9.3 Delivery, installation, dismantling and removal of exhibits and other items are the organiser’s responsibility and risk. Details of design and decoration must be coordinated with the Hotel at least one week before the event.
9.4 Proper insurance of exhibits is solely the organiser’s responsibility. The Hotel may request proof of insurance.
9.5 Brought-in exhibits or other items must be removed immediately after the event. If the organiser fails to do so, the Hotel may remove and store them at the organiser’s expense. If items remain in the event room, the Hotel may charge an appropriate usage fee for the duration. The organiser may prove that the claim did not arise or did not arise in the amount claimed.
9.6 The organiser must obtain any official permits required for holding the event at its own expense. The organiser is responsible for compliance with these permits and all other public-law regulations in connection with the event.

10. THIRD-PARTY SERVICES
Where the Hotel procures or has procured technical or other services from third parties for the organiser, it acts in the name of and for the account of the organiser. The organiser is liable for careful handling and proper return of these furnishing items and indemnifies the Hotel against all third-party claims arising from the provision of these items. The organiser has no claim to the provision of auxiliary personnel for transport and set-up of goods and other items brought in by the organiser or third parties.

11. FOOD AND BEVERAGES
Bringing food and beverages requires the Hotel’s prior consent. If such consent is granted, an appropriate plate/corkage fee will be charged.

12. PAYMENTS, SECURITY, DEFAULT, SET-OFF
12.1 The Hotel is entitled to request an appropriate advance payment or security from the organiser upon conclusion of the contract in the form of a credit card guarantee, a deposit or similar. The amount of the advance payment and payment dates may be agreed in the contract in text form.
12.2 In justified cases, e.g. payment arrears by the organiser or an extension of the scope of the contract, the Hotel is entitled, even after conclusion of the contract and up to the start of the event, to request an advance payment or security within the meaning of Clause 12.1 or an increase of the advance payment/security agreed in the contract up to the full agreed remuneration.
12.3 Fees and advance payment requests by the Hotel are payable immediately upon invoicing.
12.4 Set-off by the organiser is only permitted with undisputed claims or claims that have been finally adjudicated.

13. PLACE OF PERFORMANCE AND JURISDICTION
If the organiser is a merchant, Berlin is agreed as the place of performance and jurisdiction.

14. MISCELLANEOUS
14.1 The organiser accepts the house rules. The Hotel is a non-smoking hotel. In the event of a breach (smoking within the Hotel), the guest will be charged an appropriate compensation for expenses.
14.2 Lost property/left-behind items are stored by the Hotel for six months and an appropriate fee is charged upon collection; thereafter the Hotel is entitled to dispose of the items. Upon request, lost property can be sent on at the organiser’s risk and expense.

15. FINAL PROVISION
15.1 Amendments and supplements to the contract, acceptance of the offer or these General Terms and Conditions should be made in writing. Unilateral amendments or supplements by the organiser are invalid. Subsequent agreements and collateral agreements require written form to be effective.
15.2 The law of the Federal Republic of Germany applies.
15.3 If any of these provisions is or becomes wholly or partly invalid, this shall not affect the validity of the remaining provisions or the contract. Invalid provisions shall be replaced by valid provisions that come as close as possible economically to the purpose intended by the parties.

Version: 1 January 2025