I. Scope of Application and Bases of the Agreement
1. These terms and conditions apply for agreements on the rental of premises for accommodation as well as for all services and deliveries carried out by the hotel (called “attimo-hotel” hereafter) for the customer.
2. Any form of sublease of the premises or their use for purposes other than accommodation ones require the previous written confirmation by the hotel, the provision in sec. 540 (1) sentence 2 BGB (German Civil Code) being waived unless the customer is a consumer.
3. Terms and conditions by the customer will only be applicable, if this has explicitly been put into writing beforehand.
II. Formation of Contract, Contractual Partners
1. The contract with the Customer is formed through the hotel’s acceptance of the application by the customer. The hotel has discretion to confirm the reservation of premises in writing.
2. The hotel and the customer are contractual partners. If a third party has booked premises for the customer, he and the customer shall be held liable to the hotel as joint and several debtors for all obligations arising from the contract, if the hotel has a respective declaration by the third party.
3. Any claims against the hotel shall generally be time-barred one year after the commencement of the general statute of limitations period. This shall neither apply to damage claims nor to claims which are based on an intentional or grossly negligent breach of the obligation by the hotel.
III. Services, Prices, Payment, Non-Smoking Hotel
1. The hotel is obliged to keep the premises booked by the customer at the customer’s disposal and to fulfil the services laid down in the agreement.
2. The customer is obliged to pay the applicable or agreed prices of the hotel for the availability of the rooms and for further services rendered to him. The same applies for the services and outlays to third parties made by hotel on behalf of the customer.
3. The agreed 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, such as visitor´s tax. If the statutory value added tax 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. This only applies to contracts concluded with customers if four months have passes between the conclusion and fulfilment of the contract.
4. Furthermore, prices can be changed by the hotel, if the customer subsequently desires a change of the number of booked rooms, of the service of the hotel, or of the duration of stay by the guests and the hotel agrees to this.
5. Hotel bills incurred are due and payable without any deduction within 10 days after receipt of the invoice. The hotel is entitled to declare accrued demands as due any time and to insist on an immediate payment. In the event of default in payment, the hotel has the right to demand payment of an 8-percent-interest or, in the case of a legal transaction involving a consumer, 5% above the base interest rate. The hotel reserves the right to prove greater damage.
6. The hotel has the right to demand an adequate prepayment or a reasonable security, when the contract is concluded or thereafter, taking the provisions for package trips into account. The amount of the prepayment and the dates of the payment can be agreed upon in the contract in writing.
7. The customer may only offset a claim against a claim of the hotel or reduce payments, if his claims are undisputed or legally recognised.
8. Non-smoking at the hotel
attimo Hotel is a non-smoking hotel. Hence, it is forbidden to smoke in public areas as well as in guest rooms. In the case of an infringement, the hotel is entitled to demand an amount of EUR 100.00 from the customer as a compensation for the separate extra charges for cleaning, including losses in sales arising from an impossible lease of the premises due to this. This compensation amount shall be higher or lower, if the hotel proves a larger or the guest a smaller damage.
IV. Cancellation by the Customer (Cancellation of the Reservation / No Show)
1. The customer’s cancellation of the contract concluded with the hotel requires a written confirmation by the hotel. If this confirmation does not take place, the agreed price in the contract is still to be paid, even if the customer does not use any contractual services.
2. If the customer and the hotel agree upon a fixed date for the cancellation of the contract in writing, the customer may cancel the contract up to this date without having to pay any payment demands or compensation demands by the hotel. The right to cancellation expires, if he does not execute his right by means of cancelling the contract in writing up to the fixed date.
3. In the case of a customer not using the rooms, the hotel is obliged to offset the gains from otherwise leasing the rooms as well as from the saved costs.
4. The hotel has discretion to demand the prices agreed upon in the contract and to reduce the saved costs as a lump sum. In this case, the customer is obliged to pay at least 90% of the price agreed upon in the contract for accommodation including or excluding breakfast. The customer is free to prove that the abovementioned claim has not arisen at all or has not arisen in the demanded extent.