Part 1 of 3: Terms and Conditions for the Hotel & Overnight Stays at MOA Berlin

General Terms and Conditions for the Hotel Accommodation Agreement

Preamble
The following document contains the General Terms and Conditions for the Hotel Accommodation Agreement for MOA Berlin Betriebs GmbH & Co. KG. For the sake of simplicity and as a representative reference, MOA Berlin Betriebs GmbH & Co. KG. is referred to as the "Hotel".

I. Scope of Application

1. These Terms and Conditions apply to contracts for the rental provision of hotel rooms for accommodation, as well as all other services and deliveries provided by the Hotel to the Customer (hereinafter referred to as the "Hotel").

2. The subletting or further letting of the rooms provided as well as their use for purposes other than accommodation require the prior written consent of the Hotel, whereby § 540 paragraph 1 sentence 2 BGB is waived, insofar as the Customer is not a consumer.

3. Terms and conditions of the Customer shall only apply if this has been expressly agreed in writing in advance.

II. Conclusion of Contract, Contracting Parties;

1. The contract is concluded upon receipt by the Customer of the Hotel's acceptance (the "Booking Confirmation"), which corresponds in content to the Customer's inquiry (the "Booking Inquiry").

2.Vertragspartner are the Hotel and the Customer.

III. Services, Prices, Payment, Set-off

1. The Hotel is obliged to hold available the rooms booked by the Customer and to provide the agreed services.

2. The Customer is obliged to pay the agreed or applicable prices of the Hotel for the provision of the rooms and the other services used by the Customer. This also applies to services and expenses of the Hotel arranged by the Customer for third parties. The agreed prices include the respective applicable statutory value added tax.

3. The Hotel may make its consent to a subsequent reduction requested by the Customer of the number of rooms booked, the services provided by the Hotel or the duration of the Customer's stay dependent on the price for the rooms and/or the other services of the Hotel being increased.

4. Invoices of the Hotel without a due date are payable within 14 days of receipt of the invoice without deduction. The Hotel may at any time demand immediate payment of due claims from the Customer. In the event of default of payment, the Hotel is entitled to demand interest at the rate of 8% or, in the case of legal transactions involving a consumer, 5% above the base interest rate.

The Hotel reserves the right to prove a higher damage.

5. The Hotel is entitled to demand an appropriate advance payment or security from the Customer upon conclusion of the contract. The amount of the advance payment and the payment dates may be agreed in writing in the contract. In the case of advance payments or securities for package holidays, the statutory provisions remain unaffected.

6. In justified cases, e.g. in the event of the Customer's payment arrears, the Hotel is entitled, also after conclusion of the contract and up until the start of the Customer's stay, to demand an advance payment or security within the meaning of the above No. 6 or an increase of the advance payment or security agreed in the contract up to the full agreed remuneration.

7. The Hotel is furthermore entitled, at the beginning of and during the Customer's stay, to demand from the Customer an appropriate advance payment or security within the meaning of the above No. 7 for existing and future claims arising from the contract, insofar as such has not already been provided in accordance with the above Nos. 6. or 7.

8. The Customer may only set off, reduce or exercise a right of retention against a claim of the Hotel with an undisputed or legally established claim.

IV. Cancellation by the Customer (i.e. cancellation, termination) / Non-use of the Hotel's services (No Show)

1. The Hotel grants the Guest the right to cancel at any time. The following provisions apply:

a) In the event of the Guest's cancellation of the booking, the Hotel is entitled to appropriate compensation.

b) The Hotel has the choice of asserting, vis-à-vis the Guest, damages in the form of a lump-sum compensation instead of compensation calculated on a specific basis. The lump-sum compensation amounts to 80% of the contractually agreed price for overnight stays without breakfast, as well as for overnight stays with breakfast, 70% of the contractually agreed price for overnight stays with half board and 70% of the contractually agreed price for overnight stays with full-board arrangements. The Guest is free to prove that the Hotel has suffered no damage or that the damage incurred by the Hotel is lower than the lump-sum compensation claimed.

c) If the Hotel calculates the compensation on a specific basis, the amount of the compensation shall be at most the amount of the contractually agreed price for the service to be provided by the Hotel, less the value of the expenses saved by the Hotel as well as what the Hotel acquires through other use of the hotel services.

2. The above provisions on compensation apply accordingly if the Guest does not use the booked room or the booked services without notifying the Hotel in accordance with the agreements pursuant to the signed contract.

3. If the Hotel has granted the Guest an option in the contract to withdraw from the contract within a certain period without further legal consequences, the Hotel has no claim to compensation. The decisive factor for the timeliness of the declaration of withdrawal is its receipt by the Hotel. The Guest must declare the withdrawal in text form.

4. There is no right of cancellation for the Customer if booked rooms are not required due to the cancellation of an event.

5. For group bookings, the cancellation conditions set out in the individually agreed Contract Notes apply additionally and, in case of doubt, with priority. These govern in particular differentiated deadlines and percentages depending on the number of participants and the booking volume.

V. Cancellation by the Hotel

1. If the Guest has been granted a free right of cancellation in accordance with the above provisions, the Hotel is likewise entitled to withdraw from the contract within the agreed period if inquiries from other guests for the booked rooms are received and the Guest does not waive his free right of cancellation upon inquiry by the Hotel.

2. If an agreed or demanded advance payment or security is not provided even after expiry of a grace period set by the Hotel, the Hotel is likewise entitled to withdraw from the contract.

3. Furthermore, the Hotel is entitled to withdraw from the contract, in particular if

a) unavoidable events, earthquakes, floods, fire, storm or explosions, power failures, burst pipes, embargoes, governmental restrictions, uprisings, riots or unrest, terrorist attacks, wars or other military actions, rebellions, vandalism, sabotage, epidemics, pandemics, accidents, strikes or lockouts, lack or failure of transport facilities or other reasons for which neither party is responsible (collectively referred to as "force majeure") or other circumstances not attributable to the Hotel make performance of the contract impossible

b) rooms are booked under misleading or false statements of material facts, e.g. regarding the person of the Guest or the purpose;

c) the Hotel has reasonable grounds to assume that use of the hotel services may jeopardise the smooth operation of the business, the safety or the public reputation of the Hotel, without this being attributable to the Hotel's sphere of control or organisation;

d) there is unauthorised subletting or further letting;

e) the Hotel becomes aware of circumstances indicating that the Guest's financial circumstances have deteriorated significantly after conclusion of the contract, in particular if the Guest does not settle due claims of the Hotel or does not provide sufficient security and therefore the Hotel's payment claims appear at risk;

f) the Guest has filed an application for the opening of insolvency proceedings over his assets, has provided an asset disclosure pursuant to § 802c of the German Code of Civil Procedure, has initiated an out-of-court debt settlement procedure or has ceased his payments.

g) insolvency proceedings are opened over the assets of the Guest or the opening thereof is rejected for lack of assets.

4. The Hotel must inform the Guest of the exercise of the right of cancellation without delay in text form.

5. In the aforementioned cases of cancellation, the Guest has no claim to damages.

6. If the Hotel's cancellation is based on the unavailability of the service, the Hotel is obliged to notify the Customer of this unavailability without delay and to reimburse any consideration already provided without delay.

VI. Provision, Handover and Return of Rooms

1. The Customer does not acquire any claim to the provision of specific rooms.

2. Booked rooms are available to the Customer from 3pm of the agreed arrival day. The Customer has no claim to earlier provision.

3. On the agreed departure day, the rooms must be vacated and made available to the Hotel by 12pm at the latest. Thereafter, due to the late vacating of the room, the Hotel may invoice 6pm 50% of the full room rate (list price) for use of the room beyond the contract, from 6pm 100%. This does not give rise to contractual claims of the Customer. The Customer is free to prove that the Hotel has incurred no or a substantially lower claim for usage fees.

VII. Liability of the Hotel

1. The Hotel is liable with the diligence of a prudent businessman for its obligations under the contract. Claims of the Customer for damages are excluded. Excepted from this are damages arising from injury to life, body or health if the Hotel is responsible for the breach of duty, and other damages based on an intentional or grossly negligent breach of duty by the Hotel. A breach of duty by the Hotel is equivalent to that of a legal representative or vicarious agent. If disruptions or defects occur in the Hotel's services, the Hotel will endeavour, upon becoming aware or upon immediate complaint by the Customer, to provide a remedy. The Customer is obliged to contribute what is reasonable to remedy the disruption and to keep possible damage to a minimum.

2. For items brought in, the Hotel is liable to the Customer in accordance with the statutory provisions; this covers one hundred times the room price, at most €3,500.00 and for money, securities and valuables up to €800.00. Money, securities and valuables may be kept up to a maximum value of €7,500.00 in the hotel or room safe. The Hotel recommends making use of this option.

3. Insofar as a parking space is made available to the Customer in the hotel garage or in a hotel parking area, even against payment, this does not give rise to a custody agreement. The Hotel is not liable for the loss of or damage to motor vehicles parked or manoeuvred on the hotel premises and their contents, except in the case of intent or gross negligence. This also applies to vicarious agents of the Hotel. The above No. 1 sentence 2 to 4 applies accordingly.

4. Wake-up calls are carried out by the Hotel with the greatest of care. Messages, mail and goods shipments for the guests are handled with care. The Hotel assumes delivery, safekeeping and – upon request – for a fee, forwarding of the same. The above No. 1 sentence 2 to 4 applies accordingly.

VIII. Limitation Period

1. The Customer's claims against the Hotel are generally subject to the statutory limitation periods unless otherwise agreed in these Terms and Conditions or in an individual contract.

2. The limitation period begins at the point in time at which the claim arose and the Customer obtained knowledge of the circumstances giving rise to the claim or would have had to obtain such knowledge without gross negligence.

3. In the case of defects in the goods delivered or services rendered, the limitation period for warranty claims is five years from delivery or acceptance.

4. For claims for damages based on an intentional or grossly negligent breach of duty by the Hotel, the statutory limitation period applies.

5. The limitation period may be suspended or interrupted by written agreements between the parties.

IX. Final Provisions

1. Amendments or additions to the contract, the acceptance of the application or these Terms and Conditions for hotel accommodation shall be made in writing. Unilateral amendments or additions by the Customer are invalid.

2. The place of performance and payment is the registered office of the respective Hotel.

3. The exclusive place of jurisdiction – also for cheque and bill of exchange disputes – is Berlin in commercial dealings. Insofar as a contractual partner fulfils the requirements of § 38 paragraph 2 ZPO and has no general place of jurisdiction within the country, the place of jurisdiction shall be the registered office of the Hotel.

4. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and of conflict of laws is excluded.

5. Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. The same applies in the event of an unintended regulatory gap. In all other respects, the statutory provisions apply.

Part 2 of 3: Terms and Conditions for Events at MOA Berlin

General Terms and Conditions for Events

Preamble
The following document comprises the General Terms and Conditions for Events for MOA Berlin Betriebs GmbH & Co. KG. For the sake of simplicity and as a representative designation, MOA Berlin Betriebs GmbH & Co. KG is referred to as the "Hotel".

I. Scope of Application

1. These Terms and Conditions apply to contracts for the rental of conference, banquet and event rooms of the Hotel for the holding of events such as banquets, seminars, conferences, etc. as well as for all related further services and deliveries of the Hotel (hereinafter uniformly referred to as the "Hotel").

2. The subletting or further letting of the rooms, areas or display cases made available as well as the invitation to job interviews, sales or similar events require the prior written consent of the Hotel, whereby § 540 paragraph 1 sentence 2 BGB is waived insofar as the Customer is not a consumer.

3. Terms and conditions of the Customer shall only apply if this has been expressly agreed in writing in advance.

II. Conclusion of Contract, Contracting Parties, Liability

1. The contract comes into existence upon receipt by the Customer of the Hotel's acceptance ("Booking Confirmation"), which follows the Customer's request ("Booking Request"). The contract is concluded between the Hotel and the Customer.

2. The Hotel shall be liable with the diligence of a prudent businessman for its obligations under the contract. Claims of the Customer for damages are excluded. Excepted from this are damages arising from injury to life, body or health where the Hotel is responsible for the breach of duty, and other damages based on an intentional or grossly negligent breach of duty by the Hotel. A breach of duty by the Hotel shall be equivalent to that of a legal representative or vicarious agent. Should disruptions or defects in the Hotel's services occur, the Hotel shall, upon knowledge or upon immediate complaint by the Customer, endeavour to provide a remedy. The Customer is obliged to contribute what is reasonable to remedy the disruption and to keep any possible damage low. Otherwise, the Customer is obliged to notify the Hotel in good time of the possibility of unusually high damage arising.

3. The Contracting Party and those who have acceded to the contract assure that full information has been provided regarding the purpose, the objective and the parties involved in the planned event; in the event of violations, Section V 3 b of these General Terms and Conditions shall apply.

4. The Contracting Party/acceding party shall be liable for ensuring that, given the nature of the event, no disturbance of public safety and order is to be feared. This applies in particular also to the volume of musical performances. The Hotel points out to the Contracting Party/acceding party that for the public performance of music protected by copyright, a licence must be obtained from GEMA (Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte, headquartered in Berlin) or the event must be registered there. The GEMA fees incurred for this shall be borne solely by the Contracting Party/acceding party.

5. The right of domicile, the authority to monitor and the determination of security measures shall in principle lie with the Hotel. In addition, the Contracting Party and the acceding parties shall exercise these rights within the framework of the event to be held for the duration of the event. The Hotel is entitled to carry out inspections of deliveries in the context of arrivals and departures. The Contracting Party and the acceding party undertake to obtain the consent of the respective suppliers for this.

6. The Customer is obliged to comply with the provisions of the Non-Smokers Protection Act.

7. Insofar as there is a labelling obligation for additives, allergens, etc. for the food and beverages prepared and/or sold by the Hotel, you will find corresponding information in the event rooms. Menu cards listing the allergenic substances can be viewed upon request at the Sous Chef or Service Manager. The information on additives and allergens in the food is based on information that the Hotel receives from the manufacturers and suppliers. The Hotel prefers, as far as possible, products requiring no labelling and endeavours to use only food of high quality and regional origin, meat and meat products from species-appropriate animal husbandry and fish and fish products from sustainable fishing. However, the Hotel's suppliers do not offer declaration-free alternatives for all foods. In some products, additives are also unavoidable. Due to the product diversity of the individual manufacturers, it is possible that cross-contamination occurs and that portions of additives not listed are also contained in the products. No additives are added directly in the Hotel's kitchen. However, the Hotel cannot rule out that cross-contamination occurs when combining different food components in the preparation of food and/or beverages. The Hotel can therefore not guarantee that, in addition to the labelled additives, no further additives are present in the food and/or beverages offered. The Hotel assumes no liability for the completeness of the ingredients, additives, allergens, etc. listed in the Hotel's information for the food and beverages prepared and/or sold by the Hotel and also assumes no liability for allergic and/or other health reactions upon consumption of the food and beverages prepared and/or sold by the Hotel.

III. Services, Prices, Payment, Set-off

1. The Hotel is obliged to provide the services ordered by the Customer and confirmed by the Hotel.

2. The Customer is obliged to pay the agreed or applicable prices of the Hotel for these and further services utilised. This also applies to services and expenses of the Hotel to third parties arranged by the Customer, in particular also for claims of copyright collecting societies. The agreed prices include the respective applicable statutory value added tax.

3. If, after conclusion of the contract, there are changes to the statutory value added tax relating to the subject matter of the Hotel's services and/or a new introduction or change of local levies, the prices shall be adjusted accordingly without the need for a further agreement of the parties; in the case of contracts with consumers, this applies only if the period between conclusion of the contract and performance of the contract is more than four months. If the period between conclusion of the contract and performance of the contract exceeds 4 months, the Hotel may increase the agreed price by up to 5% if, in the meantime, cost increases in heating, electricity and water costs or in wages and salaries have occurred. The increase in price may only be made to the same extent as the cost increases. The upper limit increases by a further 5% for each additional year between conclusion of the contract and performance of the contract beyond the four months; price changes pursuant to § 3 II sentence 2 of these General Terms and Conditions shall not be taken into account in this respect. Invoices of the Hotel without a due date are payable immediately without deduction.

4. Invoices of the Hotel without a due date are payable within 10 days of receipt of the invoice without deduction. The Hotel may at any time demand immediate payment of due claims from the Customer. In the event of default in payment, the Hotel is entitled to demand interest at a rate of 8% above the base rate or, in the case of transactions involving a consumer, 5% above the base rate.
The Hotel reserves the right to prove a lower damage, the Hotel the right to prove a higher damage.

5. The Hotel is entitled to demand from the Customer at the conclusion of the contract or thereafter an appropriate advance payment or security deposit. The amount of the advance payment or security deposit and the payment dates may be agreed in writing in the contract.

6. In justified cases, e.g. in the event of payment arrears of the Customer or expansion of the scope of the contract, the Hotel is entitled, also after conclusion of the contract until the beginning of the event, to demand an advance payment or security deposit within the meaning of the above No. 4 or an increase of the advance payment or security deposit agreed in the contract up to the full agreed remuneration.

7. The Customer may only set off against a claim of the Hotel, reduce or exercise a right of retention with an undisputed or legally established claim.

IV. Withdrawal of the Customer (i.e. Cancellation, Stornierung) Non-utilisation of the Hotel's Services

1. A withdrawal of the Customer from the contract concluded with the Hotel must be in written form and requires the written consent of the Hotel. If this is not provided, the agreed booked event services from the contract as well as services arranged with third parties shall in any case be payable even if the Customer does not utilise contractual services and further letting is no longer possible. In this case, the corresponding invoice shall be issued showing value added tax. If written consent to the Customer's withdrawal is granted by the Hotel on the condition that the Customer must pay damages for the contractual services not utilised, the corresponding invoice shall be issued without showing value added tax. This applies subject to a change in the administrative instructions of the tax authorities.

The Hotel shall offset against the claim both the income from any other letting of the premises and the expenses saved. Services arranged vis-à-vis third parties are not compensable insofar as these are based on a contractual provision in the relationship between the Hotel and the respective third party, the specific design of which allocates the risk of non-performance to the Hotel in a manner exceeding its obligations. If no other letting takes place, the Hotel may demand the contractually agreed remuneration and offset saved expenses on a lump-sum basis. In this case, the Customer is obliged to pay at least 90% of the contractually agreed price for the booked event services. The Customer is free to prove that the aforementioned claim did not arise or did not arise in the amount demanded. The provisions of the above paragraphs shall not apply in the event of a breach of the Hotel's obligation to have regard for the rights, legal interests and interests of the Customer, if the Customer can thereby no longer reasonably be expected to adhere to the contract or if another contractual or statutory right of withdrawal exists.

2. For events, the provisions on withdrawal, cancellation and compensation set out in the individually agreed "Contract Notes" shall additionally and in case of doubt fundamentally apply. These contain specific staggered arrangements for free-of-charge cancellation options as well as differentiated compensation provisions depending on the scope of the booking and the time of withdrawal.

Insofar as a date for free-of-charge withdrawal or partial withdrawal from the contract has been agreed in writing between the Hotel and the Customer, the Customer may withdraw from the contract up to that date without triggering payment or compensation claims of the Hotel. The Customer's right of withdrawal shall lapse if the Customer does not exercise his right to withdraw or partially withdraw while observing the text form vis-à-vis the Hotel by the agreed date, unless a case pursuant to the above No. 1 paragraph 3 sentence 1 exists.

3. Unavoidable events, earthquakes, floods, fire, storm or explosions, power failures, embargoes, government restrictions, uprisings, riots or unrest, terrorist attacks, wars or other military actions, rebellions, vandalism, sabotage, epidemics, pandemics, accidents, strikes or lockouts, lack or failure of transport facilities or other reasons for which neither party is responsible (collectively referred to as "force majeure") entitle the Customer to terminate the contractual relationship if the nature and location of the rooms of the booked rooms are thereby not merely insignificantly impaired. In the event of a justified termination, the Hotel shall refund all down payments and/or advance payments made by the Customer less a compensation for loss of 25% of the contractually agreed remuneration within thirty (30) calendar days after receipt of the termination. There is no right of withdrawal of the Customer if booked rooms are not required due to the cancellation of an event.

4. The Customer is free to prove that no damage has arisen or that the damage incurred by the Hotel is lower than the lump sum demanded.

V. Withdrawal of the Hotel

1. Insofar as it has been agreed in writing that the Customer may withdraw from the contract free of charge within a certain period, the Hotel is in turn entitled to withdraw from the contract during this period if enquiries from other customers for the contractually booked event rooms are received and the Customer does not waive his right of withdrawal upon enquiry by the Hotel.

2. If an agreed advance payment or security deposit or one demanded above pursuant to Clause III Nos. 4 and/or 5 is not made even after renewed request by the Hotel with an appropriate deadline, the Hotel is likewise entitled to withdraw from the contract.

3. Furthermore, the Hotel is entitled to withdraw from the contract for objectively justified reasons, for example if

a) force majeure or other circumstances for which the Hotel is not responsible make performance of the contract impossible or unreasonable.

b) events are booked under misleading or false statements of essential facts, e.g. of the Customer or purpose of the stay or the event.
c) the Hotel has justified reason to assume that the event may endanger the smooth running of business, the safety or the reputation of the Hotel in public, without this being attributable to the Hotel's sphere of control or organisation.

d) a violation of Clause I. No. 2 exists.

If the Hotel's withdrawal is based on the non-availability of the service, it is obliged to notify the Customer of this non-availability without delay and to refund any consideration already provided without delay.

VI. Changes in the Number of Participants and the Event Time

1. A change in the number of participants must be communicated to the Hotel immediately; it requires the written consent of the Hotel. In the event of a reduction in the number of participants, the cancellation and deposit conditions on which the agreed and signed contract is based shall apply.

2. In the event of an upward deviation, the actual number of participants shall be charged.

3. In the event of deviations in the number of participants by more than 10%, the Hotel is entitled to re-determine the agreed prices as well as to exchange the confirmed rooms, unless this is unreasonable for the Customer.

4. If the agreed start or end times of the event are postponed and the Hotel agrees to these deviations, the Hotel may reasonably charge for the additional stand-by, unless the Hotel is at fault.

VII. Bringing of Food and Beverages

The Customer may fundamentally not bring food and beverages to events. Exceptions require a written agreement with the Hotel. In these cases, a contribution to cover the overhead costs shall be charged. In the case of food brought in, a declaration of waiver must be signed.

VIII. Technical Equipment and Connections

1. Insofar as the Hotel procures technical and other equipment from third parties for the Customer at the Customer's instigation, it acts in the name, by power of attorney and for the account of the Customer. The Customer shall be liable for careful handling and proper return. He shall indemnify the Hotel against all claims of third parties arising from the provision of this equipment.

2. The use of the Customer's own electrical systems using the Hotel's power network requires the Hotel's written consent. Disruptions or damage to the Hotel's technical systems caused by the use of these devices shall be borne by the Customer insofar as the Hotel is not responsible for them. The Hotel may record and charge the electricity costs arising from the use on a lump-sum basis.

3. The use of own telecommunications and internet media and/or the provision of such via a third party by the Contracting Party / acceding party in the rooms rented from the Hotel requires the prior written consent of the Hotel.

4. If suitable systems of the Hotel remain unused as a result of the connection of the Contracting Party's own systems, the Hotel is entitled to charge a compensation for loss.

5. The Customer is entitled, with the consent of the Hotel, to use his own telephone, telefax and data transmission equipment. The Hotel may charge a connection fee for this.

6. If suitable systems of the Hotel remain unused as a result of the connection of the Customer's own systems, a compensation for loss may be charged.

7. Disruptions to technical or other equipment provided by the Hotel shall be remedied immediately where possible. Payments may not be withheld or reduced insofar as the Hotel is not responsible for these disruptions.

IX. Loss or Damage of Items Brought Along

1. Exhibition or other items brought along, including personal items, are in the event rooms or in the Hotel at the Customer's risk. The Hotel assumes no liability for loss, destruction or damage, including for financial losses, except in the case of gross negligence or intent on the part of the Hotel. Excepted from this are damages arising from injury to life, body or health. In addition, all cases in which safekeeping constitutes a typical contractual obligation due to the circumstances of the individual case are excluded from this exclusion of liability.

2. Decoration material brought along must comply with fire protection technical requirements. The Hotel is entitled to require official proof of this. If such proof is not provided, the Hotel is entitled to remove material already brought in at the Customer's expense. Due to possible damage, the setting up and attachment of objects must be agreed with the Hotel in advance.

3. Exhibition or other items brought along must be removed immediately after the end of the event. If the Customer fails to do so, the Hotel may carry out the removal and storage at the Customer's expense. If the items remain in the event room, the Hotel may charge its reasonable compensation for use for the duration of the stay. The Customer is free to prove that the above-mentioned claim did not arise or did not arise in the amount demanded.

X. Liability of the Customer for Damage

1. Insofar as the Customer is an entrepreneur, he shall be liable for all damage to the building or inventory caused by event participants or visitors, employees, other third parties from his sphere or himself.

2. The Hotel may demand from the Customer the provision of appropriate securities (e.g. insurance, deposits, guarantees).

XI. Statute of Limitations

1. The Customer's claims against the Hotel shall generally become time-barred in accordance with the statutory periods, unless otherwise agreed in these GTC or in an individual contract.

3. In the case of defects in the delivered goods or services rendered, the limitation period for warranty claims is five years from delivery or acceptance.

4. For claims for damages based on an intentional or grossly negligent breach of duty by the Hotel, the statutory limitation period shall apply.

5. The limitation period may be suspended or interrupted by written agreements between the parties.

XII. Final Provisions

1. Amendments or additions to the contract, the acceptance of the request or these General Terms and Conditions for Events shall be made in writing. Unilateral amendments or additions by the Customer are invalid.

2. The place of performance and payment is the registered office of the respective Hotel.

3. The exclusive place of jurisdiction – also for cheque and bill of exchange disputes – in commercial transactions is Berlin. Insofar as a contracting party fulfils the requirements of § 38 paragraph 2 ZPO and does not have a general place of jurisdiction in Germany, the registered office of the Hotel shall be deemed the place of jurisdiction.

4. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and of conflict of laws is excluded.

5. Should individual provisions of these General Terms and Conditions for Events be invalid or void, this shall not affect the validity of the remaining provisions. The same applies in the event of an unintended regulatory gap. Otherwise, the statutory provisions shall apply.

Part 3 of 3: Terms and Conditions for Online Purchases at MOA Berlin

Terms and Conditions & Cancellation Policy Online Shop

General Terms and Conditions for online purchases at MOA Berlin Betriebs GmbH & Co. KG. For simplicity and by way of representation, MOA Berlin Betriebs GmbH & Co. KG is referred to as the "Hotel".

I. Scope

These General Terms and Conditions apply to all contracts for the purchase of goods and services from the Hotel that are concluded via the Hotel MOA website at www.moa.de. Deviating provisions are valid only if they are agreed in writing between MOA Berlin Betriebs GmbH & Co. KG and the customer.

II. Contractual Partner

The customer's contractual partner is the operating company:

MOA Berlin Betriebs GmbH & Co. KG

Personally liable partner:

Hotel Heidegrund Verwaltungs GmbH, Drei-Brücken-Weg 12, 49681 Garrel, AG Oldenburg HRB 204899

Tel.: +49(0)30-39 40 43-0

Fax: +49(0)30-39 40 43-999

hello@moa.de

www.moa.de

III. Offer

The presentation of the service offerings on the internet does not constitute a binding offer by the Hotel. All contents and prices of the goods, services, and services offered become binding only upon written e-mail confirmation by the Hotel to the person making the booking.

IV. Offer, Conclusion of Contract, Payment, Delivery, Cancellation

1. When ordering via the Hotel's online shop, the ordering process comprises several steps. In the first step, the customer selects the desired date and the desired goods and adds the goods to the shopping cart by clicking on them. After the customer has completed the selection process, the customer continues the ordering process by clicking the "confirm" button. In the next step, the customer enters their personal data. The customer is notified of fields that are not and/or incorrectly filled in. The customer then submits their order to the Hotel by clicking the "Buy" button and is redirected to payment. In the following step, the customer selects the type of payment (direct debit, credit card) by clicking the credit card button. After filling in the corresponding fields, the customer completes their ordering process by clicking the "Pay now" button, provided they cannot cancel the service, and returns to the entry page by clicking on it. There the customer receives an overview of their order. The customer also receives an e-mail with an overview of the purchase of the goods and services.

2. The contract with the Hotel is concluded upon confirmation of the received order by the Hotel to the buyer by e-mail. The confirmation includes, among other things, the order.

3. Depending on the goods or item, the purchase price becomes due for payment immediately upon receipt of the confirmation. Payment is made electronically via credit card or direct debit, stating the buyer's name.

4. The ordered goods remain the property of the Hotel until full payment has been made. Rights arising from an ordered item/goods cannot be derived until full payment thereof has been made.

5. The Hotel is entitled to withdraw from the contract if the buyer is more than fourteen days in default with payment of the purchase price.

V. Goods Availability

If the ordered goods are not available at the time of the order, the Hotel reserves the right not to accept the order of the goods, so that no contract is concluded. The customer is informed of this. Any payments already made are refunded to the customer without delay.

VI. Prices, Shipping Costs

All prices include statutory value added tax. Local charges such as bed tax and tourist tax are not included. Shipping costs do not arise from delivery by e-mail.

VII. Special Provisions for Vouchers

If the ordered goods are a voucher, the provisions of the following numbers 1. – 3. additionally apply.

Period of Validity

Each voucher has a period of validity of three years. Each voucher can be redeemed only once.

Exchange of Vouchers, Cash Payment of Vouchers

For vouchers issued for a specifically described service (hereinafter service voucher), exchange for services other than those described in the service voucher from the Hotel's offering is not possible. Cash payment of the voucher is not possible.

Differential Payments in the Event of Price Increases

In the case of service vouchers, in the event of a price increase between the issuance and the redemption of the service voucher, the difference amount must be paid by the buyer.

VIII. Right of Withdrawal

If the customer is a natural person who concludes a contract (legal transaction) here for a purpose that can predominantly be attributed neither to their commercial nor their independent professional activity (consumer), the customer is entitled to a right of withdrawal pursuant to § 312 g in conjunction with § 355 BGB within a period of 14 days beginning with the conclusion of the contract.

IX. Warranty

The warranty is governed by the statutory provisions. Insofar as used goods are the subject of the order and the buyer is not a consumer, the warranty is excluded. If the customer is a consumer, the warranty period for the purchase of used items is one year.

X. Limitation of Liability

1. The Hotel is liable for intent and gross negligence.

2. The Hotel is further liable for the negligent breach of duties whose performance is essential to enable the proper performance of the contract, whose breach jeopardises the achievement of the purpose of the contract, and upon whose compliance the customer regularly relies. In the latter case, however, the Hotel is liable only for the foreseeable damage typical of the contract. The Hotel is not liable for the slightly negligent breach of duties other than those mentioned in the preceding sentences. The foregoing exclusions of liability do not apply to injury to life, body, and health. Liability under the Product Liability Act remains unaffected. The foregoing numbers 1. and 2. apply to the liability of the Hotel's governing bodies as well as their performance and vicarious agents, in particular employees.

Any existing manufacturer warranties are governed by the warranty conditions specified by the manufacturer directly between the customer and the manufacturer. Any claims resulting therefrom must be asserted against the manufacturer. Data communication via the internet cannot, according to the current state of technology, be guaranteed to be error-free and/or available at all times. In this respect, the Hotel is liable neither for the constant nor uninterrupted availability of the Hotel's website.

XI. Data Protection

The data of the purchaser is requested, stored, and used as customer data exclusively for the processing of the order. The basis for this is the relevant data protection provisions of the Federal Data Protection Act (BDSG) and the Teleservices Data Protection Act (TDDSG). Otherwise, we refer to our privacy policy at https://moa.de/datenschutz/.

XII. Final Provisions

The place of performance and payment is Berlin.

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the state in which the buyer has their habitual residence remain unaffected.

If the buyer does not have a general place of jurisdiction in Germany or has moved their residence abroad after conclusion of the contract or their residence is not known at the time the action is brought, the place of jurisdiction for all disputes arising from the purchase contract is Berlin.

Should individual provisions of these General Terms and Conditions be or become invalid or conflict with statutory regulations, this shall not affect the remainder of the contract. The invalid or unenforceable provision shall be replaced by the valid and enforceable provision whose effects come closest to the economic objective that the contracting parties pursued with the invalid or unenforceable provision. The foregoing provisions apply accordingly in the event that the contract proves to be incomplete. Otherwise, the statutory provisions apply.

General Terms and Conditions · CLEARLY REGULATED