Terms of Use of SUITEe Spectrum GmbH

Karlsplatz 3, 80335 Munich

I. General Provisions

Welcome to SUITEe. SUITEe is a comprehensive digital solution for you as a guest of hotels, hostels, and accommodations of all kinds (hereinafter also collectively referred to as “Partners”). With features such as digital access, smart room control, and digital reception — all in a single app — we make your stay an experience.

1. General and Scope

These Terms of Use apply to the services provided by SUITEe Spectrum GmbH (hereinafter also referred to as “we” or “SUITEe”) to the user (hereinafter “User” or “you”) in connection with the use of our web application or our SUITEe App (hereinafter collectively referred to as the “SUITEe App” or “App”).

These Terms of Use apply regardless of whether you act as a consumer, entrepreneur, or merchant. Certain special provisions apply to consumers, which we will point out at the relevant places in these Terms of Use where applicable. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional in nature (§ 13 BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the exercise of their commercial or independent professional activity when concluding a legal transaction (§ 14 BGB).

Your general terms and conditions do not apply, regardless of whether you expressly refer to them or we do not expressly object. Your general terms and conditions only become part of this contract if we expressly agree to them. Individual agreements between us in offers, order confirmations, acceptance declarations, etc. take precedence over the provisions of these Terms of Use.

2. Subject Matter of the Contract

With the SUITEe App, we provide an app for handling various processes in connection with your stay at hotels, hostels, and accommodations of all kinds operated by a Partner cooperating with us.

The services in our App are developed by us or by third parties on our behalf and made available to you there for retrieval or use.

We offer you the features of our App exclusively as a supplement to the contracts concluded between you and the Partner. Please note that we therefore do not become a contracting party to any accommodation contract or other contract concluded between you and a Partner. Should we enable you in individual cases to conclude a contract with the Partner via our App, we act exclusively as an intermediary and do not become a contracting party to the contract between you and the Partner in this regard either.

The subject matter of these Terms of Use is the provision of the App free of charge to you and your ability to use the App via a free profile.

Our services include in particular:

• Booking / requesting accommodation
• Check-in / registration
• ID validation
• Access to the hotel and room
• Room ambiance control

A complete overview of the service portfolio of our App results from the features made available to you in the App. Hereinafter, all services we offer you within the App are also referred to as “App Services.”

The App is a client application through which a server rented by us can be accessed. Via server access, you gain the ability to read data stored on the server and accessible to you through the App, to download files, and to write data to the server in a limited capacity (in accordance with the App’s scope of functions) as well as to upload files.

3. Use of Our App Services & Registration

To access the App, downloading and installing the App from the Apple App Store or Google Play Store (hereinafter collectively “App Store”) may first be required. If you use the web application of our App, you do not need to download the App from an App Store.

The information required for downloading from an App Store or for using our App Services will be provided to you by our Partner.

By downloading our App from the App Store, you receive a personal, limited, non-exclusive, non-transferable license, limited to the duration of the contractual term, to install the App on a mobile device. The license applies to all mobile devices linked to the App Store account.

To use our App Services, free registration as a User may be required. Only natural persons with unlimited legal capacity may register as Users.

To register, the registration form provided on our website/in our App must be completed fully and truthfully, including a username, and submitted to us. Your username must not violate the rights of third parties or public morality. We are entitled to request written evidence to verify the information provided.

By submitting the registration form, you make a binding offer to us to conclude a free usage contract for our App. The usage contract is concluded upon our confirmation of the registration and activation of your user account. Each User may only register once.

At minimum, the following technical requirements are needed to use our App Services:

• Internet connection
• Current internet browser / App

4. Contract Duration & Termination

The duration of the contract between us is based on the duration of the service you have booked. The free usage contract generally runs for an indefinite period. However, the App Services are only available to you in connection with a booking with one of our Partners.

The terms of contracts concluded between you and a Partner are governed by the provisions of the respective contract concluded between you. These do not affect the duration of the usage contract concluded through the use of our App.

The usage contract between us may be terminated at any time without notice. Termination is effected by deleting your user account.

The right to extraordinary termination for good cause (§ 314 BGB) remains unaffected. Good cause exists for us in particular if (i) you seriously violate these Terms of Use, or (ii) we decide to no longer offer the App and discontinue its operation.

5. Your Right of Use to Our App Services

You receive a simple, non-exclusive right, limited in time to the duration of the respective contract and unrestricted in terms of territory, to use our App Services.

You are not entitled to reproduce, publicly display — in particular to make publicly accessible — edit, adapt, translate, decompile, or otherwise modify our App Services. Your rights under §§ 69d(3), 69e UrhG remain unaffected.

In creating and sharing posts, uploading files and images, and in connection with the distribution of information within the use of our App Services (hereinafter collectively also “Content”), you are independently responsible for ensuring that you do not infringe any third-party rights — in particular the copyrights of third parties — and that you transfer to us the rights of use to your Content that we require to provide our App Services. Accordingly, unless we require more extensive rights of use from you in individual cases, you grant us a simple, spatially and temporally unlimited right of use, unrestricted for all types of use, to the Content provided for the purpose of service fulfillment.

The content of our App Services (in particular in our App and on our websites) is exclusively owned by or in the exclusive ownership of our service providers. All content is protected by national and international law, in particular copyright law. Unauthorized distribution, reproduction, exploitation, or other infringement of our industrial property rights and copyrights will be prosecuted under civil and/or criminal law.

6. Availability

For technical reasons, we cannot guarantee permanent and complete availability of the servers on which our App Services are operated. The availability of our website or individual services may therefore be temporarily restricted — in particular due to necessary maintenance or repair work.

7. Liability

Our liability under the contract concluded between us, regardless of the legal basis, for damages not arising from injury to life, body, or health is limited in amount to damages that were typically foreseeable at the time of contract conclusion, and in principle to essential contractual obligations, provided the damage was not caused intentionally or by gross negligence by us or a legal representative or vicarious agent. An obligation is essential to the contract if its fulfillment makes proper performance of the contract possible in the first place and on whose observance you may regularly rely.

We are liable without limitation for injury to life, body, or health, as well as for intentional, grossly negligent, or fraudulent conduct. The same applies when we have provided a written guarantee for the quality or durability of a service to be rendered by us.

Our liability under the Product Liability Act remains unaffected.

We assume neither warranty nor guarantee for the reliability, completeness, usefulness, and quality of Partner Services (see Section II below). Provisions regarding these aspects are conclusively addressed in the terms and conditions of the respective Partners, for which the respective Partner is responsible. Should deficiencies in completeness, usefulness, or quality as well as other errors of Partner Services be based on incorrect information provided by you, for example in the course of using our SUITEe App or in the booking process, any liability on our part is excluded. The Partner’s liability is governed by their respective terms and conditions.

Should we be held liable by third parties due to actions you have taken on our App and resulting legal violations, you are obligated to indemnify us from all related claims. You must reimburse us for the costs of appropriate legal defense and any other costs incurred as a result of such claims.

8. Principles for the Provision of Our App Services

With our App and its features, we provide you with merely a technical foundation for the purposes to be fulfilled within the limits of the App Services acquired. Subject to applicable statutory liability obligations and the provisions of these Terms of Use, we assume no responsibility for actions taken with our App or for content processed with our App. All actions you take with our App and content processed are governed exclusively by the agreements and contracts you conclude with the respective Partner or third parties for whom or with whom you use our App, or by applicable law.

The provisions of rental law generally apply to the use of our App Services. Maintenance measures such as troubleshooting, updates, or further development are part of our service. Additional support is offered upon corresponding agreement. Beyond maintenance measures, the statutory warranty law for rental defects applies.

Adjustments, modifications, and enhancements to our App Services, as well as measures to detect and remedy functional disruptions, will only lead to a temporary interruption or impairment of accessibility if this is technically unavoidable.

You may not make our App Services available to third parties for commercial use. However, you do have the option of inviting fellow travelers to our App so that they too can use our App Services.

Via links or functionalities in our App Services, you may access external websites and software that are not operated by us and for which we are not responsible. Such links or functionalities are either clearly marked or recognizable through a change in the browser’s address bar or a change in the user interface.

We reserve the right to modify, adapt, and expand the scope of our App Services and the related documents and annexes, taking your interests into account, provided we do not thereby breach our primary contractual obligations to you.

We secure our systems against viruses. Nevertheless, a virus infection can never be completely ruled out. Furthermore, it may occur that unauthorized third parties send messages using our name without our consent, which may for example contain viruses or so-called spyware, or link to web content containing viruses or spyware. We have no control over this. You should therefore check all incoming messages sent in our name. This also applies to any messages from other users.

We are not responsible for damages or data loss that may result from the installation of software not provided by us on your end devices.

You undertake under no circumstances to use another user’s end device or App Store or App account, login name, or password without authorization. If a third party uses your account after gaining access to your credentials because you did not adequately protect them against unauthorized access, you must be treated as if you had acted yourself.

In the event of a justified suspicion that access credentials have become known to unauthorized third parties, we are entitled, but not obligated, to independently change the credentials without prior notice or block use of the account at our own discretion for security reasons. We will promptly notify the authorized user and, upon request, provide new credentials within a reasonable period. You have no right to have the original credentials restored.

You must inform us without delay as soon as you become aware that unauthorized third parties have obtained the credentials to your App Store account or that unauthorized third parties are using your end device. We point out that credentials should be changed regularly for security reasons.

When using our App Services, you are prohibited from:

• Infringing third-party proprietary rights such as trademarks, copyrights, and name rights
• Harassing other users and third parties
• Using measures, mechanisms, or software in connection with the App that may interfere with the functioning and operation of the App
• Taking measures that may result in an unreasonable or excessive burden on the technical capacities of the App
• Blocking, overwriting, or modifying content
• Adding elements to the App or altering, deleting, or otherwise modifying elements of the App in any other way
• Copying, extracting, or otherwise using graphic elements or attempting to decompile the source code of the App (subject to § 69e UrhG)
• Using tools that interfere with the operation of the App (in particular so-called “bots,” “hacks,” etc.)
• Obtaining premium features or other advantages — such as systematic or automated control of the App or individual App features — through the use of third-party software or other applications, or exploiting program errors for personal benefit (“exploits”)
• Disseminating commercial advertising for third-party products or programs in connection with our App Services
• Using malicious code or virus-infected documents, files, third-party IT systems, and data in connection with our App Services
• Employing mechanisms, software, and scripts beyond the provided functionalities and interfaces, in particular where these would block, modify, copy, or overwrite our App Services
• Impairing our services through data alteration (§ 303a StGB), computer sabotage (§ 303b StGB), falsification of evidential data (§§ 269, 270 StGB), suppression of evidential data (§ 274 StGB), computer fraud (§ 263a StGB), unauthorized access to data (§ 202a StGB), interception of data (§ 202b StGB), or other criminal offenses

We are entitled, upon stating legitimate reasons, to refuse access to our App and to block or exclude you as a User, or to extraordinarily terminate any contract concluded with us, should we receive repeated complaints about you or should the requirements of a contract concluded with us, these Terms of Use, other requirements communicated by us, or compliance with statutory provisions be repeatedly disregarded. We will notify you without delay in each case and give you the opportunity to respond. Prior to a complete blocking or exclusion, we will inform you in advance with appropriate notice, stating the relevant reasons. If you remedy the cause that led to the refusal, blocking, or exclusion, we will consider reinstating your access to our App.

9. Governing Law & Jurisdiction

For all rights and claims arising from and in connection with the contract, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, unless mandatory statutory law takes precedence.

If you are acting as a business or merchant within the meaning of the HGB, our registered office shall be the place of jurisdiction for all disputes arising from this contract. For contracts with consumers, the statutory provisions regarding the competent court apply.

10. Consumer Dispute Resolution

Information on online dispute resolution for consumers: We draw attention to the possibility of online dispute resolution (the so-called “ODR Platform”). The ODR Platform may be used by consumers as a point of contact for the out-of-court settlement of disputes relating to contractual obligations arising from online purchase or service contracts. The ODR Platform can be accessed at the following link: http://ec.europa.eu/consumers/odr. We are not willing to participate in dispute resolution proceedings through this ODR Platform.

11. Confidentiality

In the course of cooperation, both parties may gain knowledge of trade secrets of the other party or of third parties. A trade secret is information that is neither generally known nor readily accessible to persons who normally deal with such type of information, therefore has economic value, and is accordingly subject to appropriate confidentiality measures (cf. § 2 GeschGehG). A trade secret further includes information that is designated as a trade secret, that is protected by industrial property rights or copyright, that falls under banking secrecy or data protection, and in respect of which there is a legitimate interest in confidentiality. Information that was already known to the other party prior to disclosure, that became known to the public after disclosure without the involvement of the disclosing party, that the disclosing party learned from an authorized third party, or that the disclosing party developed independently does not constitute a trade secret.

The receiving party, as well as all those who come into contact with trade secrets in the course of their duties, are obligated to treat trade secrets in strict confidence and only to use them or disclose them to third parties and employees where this is required in connection with the business purpose. Otherwise, the receiving party shall protect trade secrets from becoming known to third parties.

Objects as well as files or other intangible items containing trade secrets must be deleted or returned to the disclosing party upon request by the disclosing party, or at the latest upon termination of the contractual relationship.

12. Handling Unlawful Content

The following provisions are made by us because we are obligated to do so under the Digital Services Act, EU Regulation (EU) 2022/2065 on a Single Market for Digital Services of the European Union.

The Digital Services Act aims to establish rules that create a safe, predictable, and trustworthy environment for persons who use apps and websites such as ours.

The Digital Services Act specifically regulates the handling of unlawful content on our App and obliges us to take specific measures, which we describe in greater detail in these “Digital Services Act Provisions.”

a. Moderation & Justification for the Removal of Unlawful Content

We remove, block, or restrict unlawful content on our App. “Content” within the meaning of this provision means any information of any kind. Such information is “unlawful” if it violates our Terms of Use, service descriptions, guidelines, or applicable law.

Unlawful content may be reported by users, customers, partners, or third parties. For the process of such reporting, see lit. b “Reporting and Remediation Procedure” below.

Where reported content or content identified by us is unlawful and we have removed, blocked, or restricted it, we will provide the person who published the unlawful content with a justification for our decision to remove, block, or restrict such content and any suspension or termination of the full or partial provision of our services, unless it involves misleading, high-volume commercial content. In this justification, we will communicate in particular the following:

• Information on whether our decision involves the removal of the information, restriction of access to the information, demotion of the information or restriction of its display, or suspension or termination of payments related to the information, or whether other measures are imposed in connection with the information, and the spatial scope and duration of the decision where applicable;
• The facts and circumstances on which our decision is based, including where applicable information on whether the decision was taken as a result of a report or as a result of voluntary investigations on our own initiative, and, where strictly necessary, the identity of the reporting person;
• Information on whether automated means were used in the decision-making process, including whether the decision relates to content detected or identified by automated means;
• Where our decision concerns only “allegedly” unlawful content, a reference to the legal basis and explanations as to why the information is considered unlawful on that basis;
• Where our decision is based on the alleged incompatibility of the information with our Terms of Use, a reference to the relevant contractual provision and explanations as to why the information is considered incompatible therewith;
• Information on whether the affected person has access to remedies against the measure, including — as applicable — internal complaint management procedures, out-of-court dispute resolution, and judicial remedies.

Where a criminal offense may have been committed through the publication of the unlawful content, or where such an offense is suspected, we will promptly report our suspicion to the law enforcement or judicial authorities.

b. Reporting and Remediation Procedure

We review unlawful content as soon as we become aware of a suspicion that such content has been published. Awareness arises either through our own review or through a report of the relevant content to our central contact point (see lit. c below).

Unlawful content can be reported directly online. Reports must be directed exclusively to our central contact point (see lit. c below) and must contain at minimum the following information:

• A sufficiently reasoned explanation of why the reporting person or entity considers the information in question to be unlawful content;
• Clear indication of the exact storage location/whereabouts of the content, e.g., by precise URL, as well as any other relevant information for identifying the content, e.g., screenshots, annotations, etc.;
• Name and email address of the reporting person/entity, unless the matter concerns criminal offenses related to sexual abuse, sexual exploitation, child pornography, or contact with children for sexual purposes; including incitement to and aiding and abetting of, or attempts to commit, the aforementioned offenses (cf. EU Directive 2011/93/EU, Arts. 3–7);
• A declaration that the reporting person or entity is in good faith convinced that the information contained in the report is accurate and complete.

We will promptly send the reporting person/entity an electronic acknowledgment of receipt of the report to the contact details provided.

We will review the received reports promptly, carefully, free from arbitrariness, and objectively, and decide whether the reported content is unlawful without conducting an in-depth legal review, and act accordingly. Should the reported content be unlawful, we will promptly remove, block, or restrict it and, where applicable, take further measures as referred to in lit. a para. 3.

c. Central Contact Point for Communication

We have established a central contact point for communication. It is responsible for receiving electronic reports of suspected unlawful content from reporting persons, as well as inquiries from authorities or third parties relating to the handling of unlawful content. Please refer to lit. b for the content requirements for reports.

All persons, authorities, or other entities (press, affected parties, etc.) may report unlawful content directly online using our procedure at:

info@suite-e.com

We will then handle all reports within the process described under lits. a–c.

13. Miscellaneous

Should any provision of these Terms of Use be or become invalid or unenforceable, the remaining provisions of these Terms of Use shall remain unaffected, unless the removal of individual clauses would place one contracting party at such an unreasonable disadvantage that they could not reasonably be expected to remain bound by the contract.

Amendments and supplements to these Terms of Use and the entire contract between us require text form to be effective, unless the following explanations prescribe special formal or procedural requirements.

Amendments and supplements made (or required to be made) by us due to changed legal or technical requirements for our service provision, which have no negative impact on the App Services to which you are entitled, shall become effective unless you object within one (1) month of receiving notification of the amendment in text form, provided we have informed you in advance of your right to object. If you object to the amendment, the contract continues unchanged and we are entitled to extraordinarily terminate the contract with one (1) month’s notice to the end of the following calendar month.

Amendments and supplements to the contract that we wish to make due to changed service, remuneration, or other commercial or operational requirements, and which have negative effects on our contractual relationship for you, shall only become effective if you expressly consent to them. Such consent may be given by clicking a consent button in the notification of amendment (email or pop-up within the App) or via any other simple and transparent means made available to you by us.

The text form requirement also applies to any amendment of this formal clause. The precedence of individual ancillary agreements remains unaffected.

The aforementioned deadlines do not apply and only a right of information about amendments to the contract exists where such amendments are necessary to avert an unforeseen and immediately threatening risk in order to protect you from fraud, malware, spam, data protection violations, or other cybersecurity risks.

Both parties are entitled to transfer the contract to an affiliated company, a legal successor, or a company taking over the respective App Services. They will each notify the other in text form prior to the intended transfer.

II. Provisions Concerning Paid Partner Services

14. Conclusion of a Contract for the Use of Paid Partner Services

A contract for the use of paid services — in particular for your bookings of overnight stays or other services with Partners cooperating with us (hereinafter also “Partner Services”) — is concluded (subject to Section 14.2 regarding the purchase of paid App and in-app purchases) as follows:

In our App, you will find information about the content and costs of Partner Services offered by our Partners. This information does not itself constitute an offer to conclude a contract but merely a non-binding invitation to acquire these Partner Services.

Only upon completing the relevant booking process do you submit to us as the Partner’s agent a binding offer addressed to the Partner for the conclusion of a contract for the acquisition of the respective Partner Services. We accept this offer on behalf of the Partners as their agent.

We will draw your attention to the fee-based nature of the service prior to completing the booking process and give you the opportunity to review these Terms of Use as well as the Partners’ terms and conditions.

We will also give you the opportunity to review and, if necessary, correct your entries prior to completing the booking process.

After completing the booking process, you will receive from us a confirmation of receipt of your booking to the email address you have provided. This confirmation — subject to deviating provisions in the booking process or in the confirmation itself — constitutes the acceptance of your offer for the conclusion of a contract for the acquisition of the Partner Services you have booked. We declare acceptance to you on behalf of the Partners as their agent.

Upon full payment for the acquired Partner Services, you receive the right to use the Partner Services you have acquired under the conditions set out in these Terms and Conditions and in the applicable terms and conditions of the Partners.

App and in-app purchases are concluded as follows:

The purchase and download of a paid app takes place in the App Store (hereinafter referred to as “App Purchase”). The handling of the App Purchase is carried out by the App Store. The conclusion of the contract and payment processing are governed by the App Store’s terms and conditions.

The purchase of premium features may be possible directly in the App (hereinafter referred to as “In-App Purchase”). The handling of the In-App Purchase is carried out by the App Store. The conclusion of the contract and payment processing are governed by the App Store’s terms and conditions.

The “purchase” of an App and/or the acquisition of premium features generally refers only to the granting of a right of use. The scope and duration of the right of use granted depend on the respective service (for the right of use, see above).

15. Remuneration & Payment Terms

The type and amount of remuneration for the Partner Service you have booked will be communicated to you during the booking process, in the booking overview, and in the booking confirmation, and unless expressly indicated otherwise, is inclusive of the applicable statutory VAT.

You will be informed of the available payment methods during the booking process and may select the payment method that is appropriate for you.

Should we engage third-party providers to process the payment transaction, their terms and conditions shall additionally apply.

In the event of failure to meet a statutory or agreed payment deadline, you will be in default immediately and we are entitled to charge corresponding default interest.

Where payment is made within the European Union (EU), we do not charge any separate fee for any of the payment methods we use. Please note that we only accept payments from accounts within the EU. Any costs of any other transaction shall be borne by you.

16. General Provisions Regarding Partners’ Terms and Conditions

Should you book a Partner Service, the contract for the acquisition of the Partner Services is concluded between you and the Partners. We are merely the intermediary for such Partner Services. A free-of-charge intermediation contract is therefore concluded between you and us, governed by these Terms of Use.

The specific terms and conditions applicable between you and the respective Partner are governed exclusively by the Partner’s specifications, which you can review during the booking process and which become part of the contract concluded between you and the Partner through us as intermediary.

In the event of problems with the ordered Partner Services or other problems in connection with your booking, you must contact the relevant Partner. The contracting parties with respect to your order of Partner Services are therefore exclusively you and the respective Partner.

The Partners’ terms and conditions apply exclusively with respect to the Partner Services you order from them. Deviating general terms and conditions on your part as a customer of the Partners are not accepted by the Partners and therefore do not become part of the contract. The application of such terms and conditions is hereby expressly objected to on behalf of the Partners. The precedence of individual agreements between you and the Partner remains unaffected.

As of: May 2025