Terms and conditions
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.
V. Cancellation by the Hotel
1. If a cancellation right for the customer within a certain period was agreed on in writing, the hotel shall also have the right to cancel the contract within this time, provided that other customers have inquired for the contractually reserved rooms and the customer does not waive his cancellation right at the inquiry of the hotel.
2. The hotel shall also be entitled to cancel the contract, if a contractually agreed or according to III.6 above demanded prepayment is not made.
3. Furthermore, the hotel has the right to extraordinarily cancel the contract on objectively justified grounds, for instance if: force majeure or further circumstances which the hotel is not responsible for make the fulfillment of the contract impossible, rooms are booked by means of stating misleading or incorrect data, for example concerning the identity of the customer or the purpose of the reservation., the hotel has sound reasons to assume that the usage of hotel services can endanger shiftless business activities, the safety, or the reputation of the hotel in public, without this being ascribed to the control or respectively organisational field of the hotel, or a violation of I.2 is at work.
– the purpose or the cause of the stay is illegal;
– there is a breach of the above-mentioned No. I.2.
4. With the justified cancellation of the contract by the hotel, the customer has no right to compensational claims.
VI. Availability of Rooms, Check-in and Check-out
1. The customer is not entitled to demand that certain rooms or premises be made available.
2. Reserved rooms will be available to the customer from 3 p.m. on the agreed arrival date. The Customer is not entitled to any earlier availability.
3. On the agreed departure day, the rooms must be made available to the hotel clear and free and with the key by 12 a.m. After midday, the hotel can charge 50% of the full price (list price) up to 6 p.m. and from 6 p.m. 100% of the full price, for the extra use of the rooms in addition to the thereby caused damage. Further damage claims shall remain unaffected for the hotel by payment of the price for the room. If the hotel is obliged to arrange for accommodation for guests at another hotel because of the belated evacuation of the premises, the customer shall bear all costs incurred for this. No contractual claims shall be constituted thereby for the customer. He shall be free to prove that the hotel has no claim, or only a far smaller claim, to compensation for use.
VII. Liability of the Hotel
1. The hotel shall be liable for the performance of its obligations under the agreement with the due care of a prudent businessman. All damage claims shall be excluded for the customer. Exempt from this, is any damage caused by loss of life or personal injury, if the hotel is responsible for the breach of duty, other damage arising from an intentional or grossly negligent breach of duty by the hotel, and damage based on an intentional or negligent violation of typical contractual duties by the hotel. In the event of a disruption or defect affecting the services of the hotel, the hotel shall endeavour to remedy the situation upon taking note thereof or upon the customer’s prompt complaint. The customer is obliged to do everything reasonable to remedy the defect and to keep any possible damage as low as possible.
2. The hotel is liable to the customer for things brought in according to the statutory provisions, i.e. up to one hundred times the price for the room ( from EUR 600 to a maximum of EUR 3.500) and for money, securities and valuables up to EUR 800, provided they were kept in a locked safe. The customer has no liability claims if he fails to promptly inform the hotel after he becomes aware of a loss, destruction or damage (BGB section 703). The hotel shall be liable only if the rooms or containers in which the things were preserved were locked.
3. If a parking lot is made available to the customer in the hotel parking garage or in an outside hotel parking area of the hotel, no contract for the safekeeping of the car by the hotel shall be formed thereby, even if the parking lot is provided for a fee. If motor vehicles parked or moving on the hotel building premises of the hotel and their contents are lost or damaged, the hotel shall not be liable. The hotel has no duty of supervision. Sentences 2 to 4 of number I above shall apply analogously. The hotel must promptly be informed of any damage.
4. Anything belonging to the customer that is left behind will be sent to the customer only at his request, risk and expense. The hotel shall keep the things for three months; thereafter they shall be delivered to the local lost and found office, provided they have a recognisable value. If there is no recognisable value, the hotel reserves the right to destroy such things after the expiry of the three-month period.
VIII. Other Provisions
1. Any amendment of or addition to the contract, to the acceptance of the order, or to these Terms and Conditions must be explicitly acknowledged in writing by the hotel to be effective. One-sided changes or additions by the customer shall be ineffective.
2. Place of performance and place of payment shall be the hotel’s registered office.
3. The exclusive place of jurisdiction – also for disputes involving cheques and bills of exchange – is the hotel’s registered office for commercial transactions. Insofar as a contracting party fulfils the preconditions of sec. 38 (1) ZPO (German Code of Civil Procedure) and there is no general place of jurisdiction in Germany, the place of jurisdiction is the hotel’s registered office.
4. German law shall be applicable exclusively. The applicability of UN sales law and of private international law is excluded.
5. Should any provision of these General Terms and Conditions be ineffective or invalid, the validity of the remaining provisions shall not be affected thereby. Other than that, the provisions of the law shall apply. The parties undertake to replace the invalid provision by a valid one which most effectively serves the purpose and intent of the invalid provision.
