The hotel is obligated to keep the rooms reserved by the customer available and to render the agreed services.
The customer is obligated to pay the agreed or applicable hotel prices for rooms provided and for other services used. This shall also apply to the hotel’s services and outlays to third parties caused by the customer. The agreed prices shall include the respective statutory Value Added Tax.
The hotel can make its agreement to the customer’s later request for a reduction of the number of reserved rooms, services of the hotel or the customer’s length of stay dependent upon the increase of the price for the rooms and/or for the other services.
Hotel invoices not showing a due date are payable and due within seven days of receipt of the invoice without deduction. The hotel shall be entitled at any time to make accumulating accounts receivable payable and due and to demand payment without undue delay. With default of payment, the hotel shall be entitled to demand the respectively applicable statutory 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.
The hotel is entitled to require a reasonable advance payment or security deposit from the customer upon conclusion of the contract in the form of a credit card guar- antee, an advance payment, etc. The amount of the advance payment and payment dates may be agreed in text form in the contract. With advance payments or security deposits for package tours, the statutory provisions shall remain unaffected.
In justified cases, e.g. the customer’s 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 security deposit within the meaning of the above-mentioned No. 5 or an increase of the advance payment or security deposit agreed in the contract up to the total agreed remuneration.
Furthermore, the hotel shall be entitled, at the commencement and during the customer’s stay, to demand a reasonable advance payment or security deposit within the meaning of the above-mentioned No. 5 for existing and future accounts receiva- ble from the contract, insofar as such has not already been paid pursuant to the above-mentioned No. 5 and/or No. 6.
The customer may only set-off or reduce or clear a claim by the hotel with a claim which is undisputed or decided with final, res judicata effect.
CANCELLATION BY HOTEL
Insofar as it was agreed in text form that the customer can cancel the contract at no cost within a certain time period , the hotel is entitled for its part to cancel the contract during this time period if inquiries from other customers regarding the contractually reserved rooms exist and the customer, upon inquiry thereof by the hotel, does not waive his right of cancellation.
If an agreed advance payment or an advance payment or security deposit demanded pursuant to Item clause III, No. 5 and/or No. 6 supra is not made even after a reason- able grace period set by the hotel has expired, then the hotel is likewise entitled to cancel the contract.
Moreover, the hotel is entitled to effect extraordinary cancellation of the contract for a materially justifiable cause, e.g. if
Force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract;
Rooms and spaces are reserved with culpably misleading or false information re- garding material contractual facts, such as the identity of the customer or the purpose of his stay;
The hotel has justified cause to believe that use of the hotel’s services might jeopardize the smooth operation of the hotel, its security or public reputation, without being attributable to the hotel’s sphere of control or organization;
The purpose or the cause of the stay is illegal;
There is a breach of the above-mentioned Item clause I., No. 2 supra.
The customer can derive no damage compensation rights from justified cancellation by the hotel.
ROOM AVAILABILITY, DELIVERY AND RETURN
The customer does not acquire the right to be provided specific rooms insofar as this is not expressly agreed in text form.
Reserved rooms are available to the customer starting at 2:00 p.m. on the agreed arrival date. The customer does not have the right to earlier availability.
Rooms must be vacated and made available to the hotel no later than 11:00 a.m. on the agreed departure date. After that time, on the grounds of the delayed vacating of the room for use exceeding the contractual time, the hotel may charge 100 % of the full accommodation rate (list price). Contractual claims of the customer shall not be established hereby. The customer is at liberty to prove that the hotel incurred no or much lesser claim to use damages.
LIABILITY OF THE CUSTOMER
The customer is liable for all damages to property of the hotel caused by negligence or improper use. In addition, the customer is responsible for triggering a false alarm at the fire department (for example by smoking in guest rooms). All costs incurred shall be borne by the customer.