TERMS OF PARTICIPATION

General Terms and Conditions of Participation in the Arabella Golf Card (Benefit Card) Programme

§1 Scope of application

The Arabella Golf Card loyalty card programme is operated by Arabella Hospitality SE (“AHSE”), Denninger Straße 165, 81925 Munich (“Arabella Golf”) in cooperation with Golf Card GmbH as a benefit partner. The following General Terms and Conditions of Participation, as amended from time to time, apply to the participation of our members in the Arabella Golf Card benefit card programme (the “Participants”).

§2 Contacts and information on the Arabella Golf Card programme

Further information on the Arabella Golf Card benefit card programme can be obtained on the Internet at www.arabellagolf.com or if you have any questions, it is best to contact us by e-mail at: info@arabella.com.

§3 Registration and participation

3.1 Any natural person who has reached the age of 18 and is a (full) member of one of the following Arabella Golf Partner Clubs may participate

• Davos Golf Club
• Golf Son Muntaner
• Golf Son Vida
• Golf Son Quint
• Münchner Golf Eschenried (with the courses Golfpark Gut Häusern, Eschenried, Eschenhof and Gröbenbach)

and registers for the benefit card. The Arabella Golf Card benefit card may only be used for personal, private use; it may not be used for commercial purposes. Participation is free of charge. Only one Arabella Golf Card benefit card may be applied for and used per member.

3.2 The prerequisite for participation is the provision of your name, e-mail address and/or mobile number (for sending the card) as well as your date of birth to determine your age of majority. The application for the benefit card can currently only be made online via the respective club page at card.arabellagolf.com. Arabella Golf reserves the right to refuse the participation of persons for good cause. Arabella Golf also reserves the right to exclude the participant from further participation in the Arabella Golf Card benefit card programme in the event of misuse (e.g. commercial use).

3.3 By activating the card, you warrant that all the information you have provided (e.g. date of birth) is correct and that you will notify us immediately of any changes to your data. Otherwise, a proper term extension or voucher activation, for example, cannot take place.

§4 Programme description

4.1 The Arabella Golf Card entitles you to participate in the Arabella Golf Card benefit programme. Currently, part of this programme is a benefit programme offered jointly with Golf Card GmbH. However, your data will remain with Arabella Golf, the exact use of which is set out in our privacy policy at card.arabellagolf.com/en/privacy-policy/.

4.2 Your benefit card entitles you to benefits in each of the Arabella Golf Partner Clubs and hotels as well as selected travel and golf benefits in Germany, Austria, Switzerland and Spain via the integrated Golf Fee Card. The benefits can only be granted in conjunction with the Arabella Golf Card – by actively presenting it.

4.3 While participating in the loyalty card programme, participants may take advantage of the benefits of the programme. Participation shall not give rise to any further obligations on the part of AHSE. In particular, participation shall not give rise to any contractual relationship with regard to the use of the respective golf club. The participating golf clubs shall also not become vicarious agents of AHSE.

§5 Cancellation, termination, amendment of the conditions of participation

5.1 Each participant may terminate his/her participation in the benefit card programme in writing at any time without observing a period of notice, or may cancel/deactivate the card independently. Cancellation should be sent to Arabella Golf (Arabella Hospitality SE, Denninger Straße 165, 81925 Munich), preferably by e-mail to the customer service: info@arabella.com.

5.2 Arabella Golf may also terminate participation in the benefit card programme subject to 4 weeks’ notice. If the termination is for good cause (e.g. commercial use, intended duplication or lending of the card to third parties), the participation relationship may be terminated in writing by Arabella Golf without notice.

5.3 Upon termination of participation in the benefit card programme, the Arabella Golf benefit card must be deleted immediately, otherwise it will be automatically deactivated by Arabella Golf.

5.4 Arabella Golf reserves the right to terminate the benefit card programme subject to a reasonable period of notice or, if there is good cause, without such notice. Furthermore, Arabella Golf reserves the right to amend these Terms and Conditions of Participation. Claims already accrued at the time of the discontinuation of the Arabella Golf Card benefit card programme or the amendment of the Conditions of Participation shall remain unaffected.

5.5 These General Terms and Conditions of Participation for the benefit card may be amended at any time. The currently valid “General Terms and Conditions” as well as the current scope of services can be viewed at card.arabellagolf.com.

§6 Liability

6.1 In the event of intent or gross negligence and in the absence of a guaranteed characteristic, AHSE shall be liable without limitation for all damages attributable thereto. In the event of slight negligence, AHSE shall have unlimited liability for injury to life, limb or health. If AHSE defaults on its performance due to slight negligence, if its performance has become impossible or if it has breached a material obligation, AHSE shall be liable for material and financial losses attributable thereto up to the amount of the foreseeable, typically occurring loss.

6.2 The use of the benefits of the benefit card programme does not create a contractual relationship between AHSE and the participants with regard to the respective Golf Club use. In particular, AHSE accepts no liability whatsoever for any damage incurred by participants as a result of or during the use of the golf courses.

§7 Consumer Dispute Resolution Act

Information obligation under the Consumer Dispute Settlement Act: We will endeavour to settle any disagreements arising from our contract with you amicably. Beyond this, we are not obliged to participate in a conciliation procedure and unfortunately cannot offer you participation in such a procedure.

§8 Miscellaneous

German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.