These terms and conditions apply for guest accommodation contracts as well as for all other supplies and services provided by MyRentalHost Management (hereinafter “MyRentalHost”) and its auxiliaries.
Unless expressly recognised in writing by the Hotel, alternative provisions, including those contained in the general terms and conditions of the guest or the customer, shall not be applicable. II. Conclusion of contract
A guest accommodation contract (hereinafter: “contract”) is established when a booking inquiry from the guest or customer is responded to with a booking confirmation from the Hotel. This agreement encompasses the reserved services of MyRentalHost and its auxiliaries.
The contractual partners are the Hotel and the guest. If a third party undertakes the booking for the guest, it and the guest will be jointly and severally liable to the Hotel for all obligations arising from the contract, provided MyRentalHost has possession of a corresponding declaration from the customer. Irrespective of this, every customer is obliged to pass on to the guest all information relevant to the booking, particularly these terms and conditions and to obtain his acknowledgement thereof.
Sub-contracting or sub-letting of rooms, together with their use for any purposes other than accommodation, require the prior written approval of MyRentalHost. III. Services, prices, payment
The hotel is obliged to make available the rooms that the guest has reserved in accordance with these terms and conditions and to provide the agreed services.
The guest is obliged to pay the current or agreed the prices for the hire of the apartment and for any other services he has made use of. This also applies to services and expenses that the guest or the customer requests the Hotel to provide vis-à-vis third parties.
The agreed prices include the applicable statutory rate of VAT. If the period between the conclusion of contract and the arrival of the guest exceeds four months and the statutory rate of VAT or local taxes and charges increase following the conclusion of contract, the Hotel reserves the right to increase the agreed price by an amount equal to that of the increase of the payable VAT or local taxes and charges.
MyRentalHost is entitled to adjust prices if, following the conclusion of contract, the guest requests changes to the number of nights reserved, the other services required of MyRentalHost or the length of the stay of the guest and the Hotel agrees to these changes.
MyRentalHost invoices are payable in full immediately upon receipt. The guest will be automatically in default if he fails to make payment within 30 days of having received a final invoice. If the guest is in default of payment, MyRentalHost is entitled to charge consumers default interest at the rate of 10%. For commercial transactions the default interest rate is 13%. MyRentalHost reserves the right to seek larger and additional damages. The guest will also bear all fees and charges incurred by MyRentalHost in collecting the debt.
MyRentalHost is entitled, upon conclusion of the contract or subsequently, to request a reasonable advance payment or security deposit from the guest. The amount of the advance payment and the due date for its payment may be agreed in the contract. During the stay of the guest in the rental, MyRentalHost is furthermore entitled at any time to request payment for the costs currently incurred by the guest to that time by issuing an interim invoice and to demand its immediate settlement.
The guest is only entitled to make set-offs against the claims of the Hotel, if its counterclaims are undisputed or have been confirmed by way of a final legal judgement. IV. Rescission (withdrawal) by guest from contract, cancellation MyRentalHost grants the guest the right to withdraw from the contract at any time. This is regulated by the following provisions: a) In the event that the guest withdraws the reservation, MyRentalHost shall have claim to reasonable compensation. b) MyRentalHost instead of the actual loss involved. The flat rate cancellation fees are 90% of the agreed price for reserved overnight stays, including or excluding breakfast, 80% of the agreed price for reserved overnight stays with half board, and 70% of the agreed price for overnight stays with full board. The guest is entitled to show that the Hotel has suffered no loss or that its losses are less than those claimed by way of the flat rate compensation fee. c) Insofar as MyRentalHost charges for its specific loss, the maximum amount of compensation may not exceed the contractually agreed price of the services to be supplied by MyRentalHost less the sum of the value of the costs saved by MyRentalHost plus the amount that the Hotel acquires through the alternative use of the Hotel’s services.
The compensation regulations referred to above shall apply if the guest does not show up to claim the room or services he has reserved without having informed the Hotel of this in good time, i.e. no later than 48 hours prior to the day of arrival.
The Hotel has no claim to compensation if it has expressly granted the guest a contractual option to withdraw from the contract within a specified time period without any requirement to pay compensation (hereinafter: cancellation without penalty). The date that MyRentalHost receives the withdrawal notice shall be definitive. The guest must declare his intent to withdraw (rescind) in writing. V. Rescission (withdrawal) by MyRentalHost Provided that the guest’s right to withdraw without penalty pursuant to IV. 3 has been agreed in writing, the hotel, for its part, is also entitled to a cancellation without penalty within this time period, if inquiries from other guests have been received in respect of contractually reserved rooms and the guest does not waive his right to cancel without penalty when contacted by MyRentalHost.
MyRentalHost is also entitled to withdraw from the contract if an advance payment or security deposit as agreed in accordance with III. 6 is not made/provided within a reasonable period of grace granted by MyRentalHost
Furthermore, MyRentalHost is entitled to withdraw from the contract if there are significant reasons, especially if ● an act of God or other circumstances beyond the control of MyRentalHost make the fulfilment of the contract impossible; ● Apartment are booked under misleading or erroneous information concerning material matters, e.g. relating to the identity of the guest; ● MyRentalHostl has good reason for supposing that the use of MyRentalHost services could significantly jeopardise the smooth running of MyRentalHost s operations, or the safety of guests or employees or besmirch the reputation of MyRentalHost in the public eye in a manner beyond the control or scope of the MyRentalHost’s organisation; ● there is unpermitted sub-contracting or sub-letting of rooms pursuant to II. 3; ● the circumstances described in VI. 3 have occurred; ● MyRentalHost becomes aware that the financial circumstances of the guest have significantly deteriorated following the conclusion of the contract, particularly if the guest fails to promptly settle outstanding debts to MyRentalHost or fails to provide an adequate security deposit;
