TERMS AND CONDITIONS
1. Scope of application
These general terms and conditions of business apply to all reservations and guest accommodation contracts concluded between Ruby Hotels & Resorts GmbH (Ruby Hotels) and third parties (Guests), and to any other services provided and deliveries made by Ruby Hotels. Guests should note that any reservation numbers they receive from third parties (e.g. internet portals) are not identical to the reservation or booking number of Ruby Hotels. Any offers made by Ruby Hotels to conclude a contract for accommodation are subject to change and are non-binding. Ruby Hotels is entitled to refuse to conclude a contract for accommodation with a guest at its discretion.
Reservations may only be made electronically via the online and mobile channels of Ruby Hotels or through third parties/intermediaries (e.g. online booking portals). Reservations by phone, email or other non-automated reservation methods are subject to the prior consent of Ruby Hotels.
By reserving a hotel room, Guests of Ruby Hotels enter into a contract for accommodation. If available, Guests will receive a reservation/booking reference from Ruby Hotels. This will result in a contract for accommodation. This agreement is binding for both parties to the contract. There is no entitlement to a certain room. Ruby Hotels reserves the right to rent out the reserved rooms to another party after expiration or cancellation of the reservation. Guests will receive from Ruby Hotels a binding booking/reservation number, not necessarily a separate written reservation confirmation. It is prohibited to resell/sub-let and/or pass on booked rooms to third parties. In particular, it is not permitted to pass on rooms and/or room allocations to third parties at higher prices than the actual room prices. It is likewise not permitted to assign or sell any claim against Ruby Hotels. In such a case, Ruby Hotels is entitled to cancel the booking, in particular, if a Guest has provided false information about the type of booking or payment when assigning or selling the claim to the third party. Use of the hotel room for a purpose other than that of accommodation is expressly prohibited.
Reservations of more than 9 rooms fall under the group arrangement of Ruby Hotels. For such bookings, a separate contract for accommodation is to be concluded and confirmed by Ruby Hotels, containing special conditions regarding provisions of cancellation and payment conditions (deposit). Ruby Hotels reserves the right to refuse group reservations, for which such a contract for accommodation has not been concluded, or to cancel without replacement.
3. Pre-paid reservations, cancellation and rebooking
For a reservation to be valid, at the time of booking the Guest must either provide details of a valid credit card or indicate an alternative method of payment on the electronic sales channels of Ruby Hotels. Ruby Hotels has the right to an immediate check of the validity of such information and to carry out a pre-authorisation of the credit card or alternative payment method indicated. In the event of a smart rate booking, the full amount due for the stay will be charged, at the time of booking, to the credit card indicated by the Guest or the alternative method of payment chosen. Smart rate reservations may in general not be cancelled, rebooked or reimbursed. If it is not possible to charge the amount to a credit card, Ruby Hotels reserves the right to cancel the reservation, whereby the Guest loses the right of use of the room.
Guests may enter their room from 6.00pm of the date of arrival of their booking. For flexible rate bookings, the full amount of the stay will be pre-authorised on the credit card indicated by the Guest, starting from two days prior to the date of arrival. As soon as the Guest has received his room keycard at the reception, a booking can no longer be cancelled or rebooked, regardless of the regulations given below. The reservation of flexible rate bookings, marked as such in the description or conditions, can be cancelled and rebooked at no charge up to 24 hours before the date of arrival. In the case of cancellations made less than 24 hours before the date of arrival, the cost of the first night of the stay will be charged to the Guest. For re-bookings made less than 24 hours before the date of arrival, provided Ruby Hotels has rooms available for the desired alternative dates, a fee of €30.00 per room will be charged. If the current room rates of Ruby for the new dates are higher than those of the original dates, the Guest is to pay the difference in rates. If there are no rooms available for the desired alternative dates, re-booking is not possible.
For non-refundable rate bookings, marked as such in the description or conditions, the full amount of the stay will be charged at the time of booking. In the case of cancellations or no show, the cost of the of the whole stay will be charged to the Guest.
No later than the date of arrival, the full cost of accommodation plus any additional services booked will be charged to the credit card. If it is not possible to charge the amount to a credit card, Ruby Hotels reserves the right to cancel the reservation made, whereby the Guest loses the right of use of the room. If the Guest fails to show up (No Show), the full amount for the first night of the stay booked will be charged with a flexible rate booking and the full amount of the stay will be charged with a non-refundable booking. Furthermore the Guest will lose any further rights of use of the room. Ruby Hotels reserves the right to cancel reservations at any time. Any resulting claims for damages are restricted to the total cost of accommodation of the stay booked.
4. Registration forms and the passing on of personal data
Pursuant to the Meldegesetz [Reporting Act], Guests are obliged to provide their personal information, as well as any additional relevant information for registration purposes, in advance, via the electronic on-line registration data portal of Ruby Hotels.
5. Taxes, fees and duties
The applicable prices correspond to the total price and are inclusive of all statutory taxes, fees and duties. In the event of any changes to the tax rates, fees and duties and the effective collection of new taxes, fees or duties of which the parties were not previously aware, Ruby Hotels & Resorts GmbH reserves the right to adjust the prices accordingly. The accommodation prices shown refer to the room price per night.
6. Means of payments
Valid means of payment for stays at the hotel are Master Card, Visa Card, Diners Card and American Express in euros, as well as other alternative payment methods in Euro indicated on the website of Ruby Hotels. Services may not be provided for payment at a later date. Locally valid means of payment for the consumption of food and beverages as well as any other goods or services offered by Ruby Hotels, include euros in cash, EC-card, Master Card, Visa Card and Diners Card in euros.
7. Options of use of reserved rooms
Reserved rooms are at the Guest’s disposal from 3.00pm on the date of arrival until 11.00am on the date of departure. On the date of departure, Guests are required to return their rooms to Ruby Hotels by 11.00am, tidy and without any damage. If, contrary to agreement, Guests fail to return their room on the date of departure by 11.00am in a tidy condition, this will lead to an obligation to pay Ruby Hotels damages in a lump sum fee equal to the full price of one night for the hotel room. The Guest is allowed to produce evidence that a loss or a decrease in value to Ruby Hotels through the delayed return of the hotel room, has either not been caused at all or to a considerably lower amount than the above lump sum fee for damages. Furthermore, should Guests return their room late or in an untidy condition, Ruby Hotels reserves the right to have the room tidied up by its personnel and to keep in the hotel any objects of the Guest brought to the room. For any such objects kept, Ruby Hotels declines any further liability beyond the liability provisions set forth in these terms and conditions of business (9).
8. Options of use of public areas
With the reservation and booking of a room, the guest can use the designated public areas, such as the bar, cinema, terrace etc. without any extra costs. Ruby Hotels reserves the right to close the public areas on a short notice without warning. In case of non-availability of a public area, the guest is not entitled to full or partial reimbursement of payment for accommodation services. The public areas are not considered to be part of the Accomodation Agreement for the booked hotel room.
9. Liability of Ruby Hotels
Ruby Hotels is liable for any damages it causes arising from injury to life, body and health. Ruby Hotels is furthermore liable for any other damage arising from intentional or grossly negligent breach of duty by Ruby Hotels, and for any damages caused by intentional or grossly negligent breach of contractually typical obligations. A breach of duty on the part of the legal representatives, employees or vicarious agents of Ruby Hotels is considered equal to a breach of duty on the part of Ruby Hotels itself. Unless otherwise provided for in these terms and conditions of business, any further claims for damages are excluded. Should the services provided by Ruby Hotels be disrupted or missing, Ruby Hotels will strive to better the situation as soon as it becomes known or is reported by the guest. Guests are obliged to do their utmost to help remedy the disruption and keep any damages to a minimum. Guests are also obliged to inform Ruby Hotels in good time about the possible occurrence of exceptionally high damage.
Ruby Hotels is liable for any objects brought into the hotel, in accordance with statutory provisions, but up to a limit of ten times their value, and up to EUR 2,000.00 for money, securities and valuables. Valuables kept in the safe are insured for a maximum of €2,000. The claim will lapse unless the Guest reports the matter to Ruby Hotels immediately upon becoming aware of the loss, destruction or damage to the objects brought in (§ 703 BGB (Bürgerliches Gesetzbuch [German Civil Code])). For unlimited liability, statutory provisions apply.
10. Liability of the Guest
Guests must treat the hotel room with care. Children under the age of 14 must be supervised by a grown-up guest at all times during the hotel stay. Guests are liable for any damage caused by them, and for consequential damage. This includes, even in the case of slight negligence, any unreasonable dirt, any damages and the cost incurred for a fire alarm, which has been caused through the stay in the hotel room. The use of electronic devices brought along by guests, such as kettles, irons or hair dryers is not permitted due to fire protection measures. Should costs arise, such as a fire alarm or damage to the interior, through use of such mentioned items the guest is fully liable for costs that arise.
11. Food and drink brought into the hotel
In the common areas, it is prohibited to consume food and drinks which have been brought along. Breakfast can only be consumed in the common areas in the rooms intended for this (bar, café). It is prohibited to prepare food in the hotel rooms.
12. Ban on smoking in the hotel
All Ruby Hotels are non-smoking hotels. It is thus prohibited to smoke either in the common areas or the guest rooms. In the event of an infringement, Ruby Hotels has the right to demand an amount of EUR 150.00 from the Guest by way of damages for the additional cleaning charges, as well as any loss in turnover due to the room being unavailable. The amount of damages charged may be higher or lower, if Ruby Hotels proves a higher amount of damage or the Guest proves a lower amount of damage.
It is prohibited to bring pets into the hotel. Exceptions to this are dogs for the blind, hard of hearing or other comparable service dogs, which may be brought at no charge and at any time.
14. Domiciliary right
Ruby [Hotels] reserves the right to send Guests away from the hotel. This applies in particular, if Guests do not observe instructions given by hotel employees, express themselves in a discriminating manner, harass or endanger other guests.
15. Final provisions
In the event of any conflict between the contract for accommodation and these terms and conditions of business, the provisions of the contract for accommodation will prevail. The contract for accommodation and these terms and conditions of business contain all agreements between the parties relating to the subject matter of the contract. No additional verbal agreements to the contract for accommodation have been made. Any modifications or amendments must be made in writing. Any statements and notifications necessary, pursuant to the contract for accommodation and these terms and conditions of business must be made in writing, unless expressly agreed otherwise. Ruby Hotels is entitled to assign any rights or claims arising from the contract for accommodation to third parties. Ruby Hotels is entitled to have obligations arising from and in connection with the contract for accommodation fulfilled by third parties.
If one or more of the above provisions is invalid, this will not affect the validity of the remaining provisions. The invalid provisions are to be replaced by a valid provision which comes as near as possible to the economic and legal intentions of the parties. The contract for accommodation is governed by the law of the Federal Republic of Germany, to the exclusion of the UN Convention on the International Sale of Goods. Any modifications and amendments to the contract or to the general terms and conditions of business must be made in writing. Unilateral modifications or amendments by the Guest are invalid.
The place of jurisdiction is Munich for any disputes that arise between the parties from the contractual relationship, provided the contract partner of Ruby Hotels is a merchant, legal person under public law or a public law entity.