1. Area of Application

1.1. These terms and conditions apply solely to contracts for the rental use of hotel rooms for lodging purposes, as well as all other goods and services rendered by the hotel for the guest in this context (Accommodation contract or Reservation Confirmation contract – hereinafter Accommodation contract).

1.2. The guest’s terms and conditions shall apply only if these are previously expressly agreed.

2. Conclusion of Contract, Parties, Subletting & Re-letting

2.1. The accommodation contract shall come into force upon the hotel’s acceptance of the guest’s or Company’s request. At its discretion, the hotel may confirm the room reservation orally, in written form, e.g. email or action implying intention, e.g. service provision.

2.2. Parties to the contract are the hotel and the guest or Company. If a third party has made the reservation on behalf of the guest or Company, this party shall be liable to the hotel jointly and severally together with the guest or Company for all obligations arising from the contract. Notwithstanding the above, any ordering party is obliged to pass all booking-related information on to the guest, in particular these general terms and conditions.

2.3. Subletting and re-letting of rooms as well as their use for other than lodging purposes require the hotel’s prior expressive consent.

3. Services, Prices, Payment, Set-Off

3.1. The hotel is obliged to have the booked rooms available and to render the services as agreed in accordance with the accommodation contract.
3.2. The guest or Company is obliged to pay the agreed or applicable rates for rooms provided and other services agreed. This also applies to services ordered by the guest directly or via the hotel, which a third party provides and the hotel disburses.

3.3. Unless otherwise agreed by the parties, the prices include all taxes and local taxes in effect at the time of the conclusion of contract. This does not include locally levied taxes, which are owed by the guest himself according to the particular municipal law, e.g. City tax. If the value added tax (VAT) is changed or if local taxes concerning the rooms and services are newly introduced, changed, or abolished after these have been contractually agreed upon, the prices will be adjusted accordingly. This only applies to contracts concluded with consumers, if four months have passed between the conclusion and fulfilment of the contract.

3.4. Hotel invoices not stating a due date are payable without deduction and due immediately upon receipt of the invoice. With default of payment, the hotel shall be entitled to demand the respectively applicable default interest in the amount of currently 8 % or, with legal transactions with a consumer, in the amount of 5 % above the base interest rate. The hotel reserves the right to prove greater damage.

3.5. The hotel is entitled to require a reasonable advance payment or a security, e.g. a credit card guarantee, from the guest or Company upon conclusion of the contract. The amount of the advance payment and payment dates may be agreed in the contract.

3.6. In justified cases, e.g. the guest’s or Company default in payment or expansion of the scope of the contract, the hotel shall be entitled, also after the conclusion of the contract up to the commencement of the stay, to demand an advance payment or a security within the meaning of the above-mentioned § 3 (5) or an increase of the advance payment or a security agreed in the contract up to the total agreed remuneration.

3.7. Furthermore, the hotel shall be entitled, at the commencement and during the guest’s stay, to demand a reasonable advance payment or security deposit to the Company within the meaning of the above-mentioned §3 (5) for existing and future accounts receivable from the contract, insofar as such has not already been paid pursuant to the above-mentioned § 3 (5) and/or § 3 (6).

3.8. As far as mutually interdependent demands are not concerned the guest or Company may only set-off a claim by the hotel with a claim which is undisputed or decided with final, res judicata effect.