1.1 These General Terms and Conditions pertaining to the Hotel Accommodation Contract (“T&Cs”) apply to all contracts between the guest and Ruby Hotels for the rental of hotel rooms for purposes of accommodation and all other services provided by the hotel to the guest in this context (hereinafter “Hotel Accommodation Contract”), which are made available to the guest directly via the Ruby website, accessible at https://www.ruby-hotels.com, regardless of the end device (e.g. PC, mobile phone) used to access the website. The guest will be informed of the identity of the specific contracting partner during the booking process and in the booking confirmation.
“Ruby Hotels” means the operating company of the hotel booked by the guest. These are:
|
Location of the hotel |
Operating company |
Germany | Ruby GmbH, Seidlstraße 5, 80335 Munich, Germany, telephone: +49 89 125 095 210, email: info@ruby-hotels.com |
Austria | RS Realisierung GmbH, Marxergasse 17, 1030 Vienna, Austria, telephone: +43 1 205771200, email: info@ruby-hotels.com |
United Kingdom | Ruby Hospitality UK Ltd., 16 Great Queen Street, Covent Garden WC2B 5AH London, United Kingdom, telephone: +44 20 4520 1760, |
Switzerland | RG Realisation Sàrl, 65 Rue du Rhône, 1211 Genève 3, Switzerland, telephone: +41 22 512 03 10, email: info@ruby-hotels.com |
Netherlands | Ruby Hospitality Netherlands B.V., Amstelvlietstraat 4, 1096 GG Amsterdam, Netherlands, telephone: +31 20 245 7280, |
Ireland | Ruby Hospitality Ireland Limited, Upper Mount Street 38, D02 PR89 Dublin, Ireland, telephone: +353 1 963 7585 , |
Italy | Ruby Hospitality Italy S.r.l. Corso Della Liberta 119, 39100 Bolzano, Italy, telephone +39 055 997 0270, |
1.2 The T&Cs apply exclusively to individual reservations of up to a total of nine (9) rooms. Special rates and cancellation terms apply in relation to group bookings of ten (10) rooms and more.
1.3 The T&Cs apply to the exclusion of all others. Any standard terms and conditions of the guest that contradict, deviate from, or supplement these T&Cs shall not become part of the Hotel Accommodation Contract with the guest, even if Ruby Hotels is aware of them.
2.1 Ruby Hotels is obliged to make the rooms booked by the guest available and to provide the agreed services. The guest has no right to the provision of specific rooms within the booked category, unless this has been expressly agreed by Ruby Hotels at least in text form (e.g. by email).
2.2 The guest is obliged to pay the agreed rates/prices for the provision of the room and the other services used by them.
3.1 The parties to the Hotel Accommodation Contract are the guest and Ruby Hotels.
3.2 The range of hotel services presented on the website does not constitute a contractual offer on the part of Ruby Hotels but is an invitation to the guest to submit an offer based on the terms and conditions shown. After selecting the desired rooms and services and entering their personal and credit card details, the guest may submit a binding offer to conclude a Hotel Accommodation Contract via the Ruby website by clicking on the button labelled “Pay” to submit the details.
3.3 The guest can correct their selection and entries up until the online booking form is submitted using the usual browser functions (back function) or cancel the booking entirely.
In addition, the guest’s selection and entries are displayed again by way of a summary before the online booking form is submitted, and the guest may also make corrections on the summary page using the usual keyboard and mouse functions.
3.4 When using the credit card payment method, the Hotel Accommodation Contract is concluded by clicking on the “Pay” button (“Booking”).
3.5 The contractual terms with details of the Hotel Accommodation Contract including these T&Cs will be sent to the guest by email with the booking confirmation. The contract is only stored by the hotel for a limited period of time for the purpose of processing the contract and can no longer be accessed by the guest via the internet.
3.6 The contract may be concluded either in German or in English.
3.7 The guest may only make changes to the booking (e.g. increase or decrease the number of rooms booked) with the consent of Ruby Hotels. Ruby Hotels may make its consent subject, in particular, to the availability of rooms and a reasonable increase in the rate.
The guest is hereby put on notice that, in the event that the guest makes a booking as a consumer, they are not entitled to a statutory right of cancellation because the booking is a contract for accommodation other than for residential purposes, and the contract provides for a specific date or period for the provision of the service. If the guest makes a booking as a business owner, they are not entitled to the right of cancellation in any event as this is reserved for consumers.
Different rules for hotels located in Switzerland: The contract is concluded upon confirmation of the booking; there is no right of withdrawal. The agreed cancellation terms associated with the booked rate apply.
5.1 The room is available to the guest from 15:00 on the agreed day of arrival.
5.2 The booking will be held until 23:59 (local time at the location of the hotel) on the day of arrival. In the event that the guest fails to arrive by this time and without having cancelled the booking by this time (“No-Show”), Ruby Hotels is entitled to cancel the booking. The guest is then no longer entitled to accommodation.
6.1 Any use of the room and the hotel’s public areas (see clause 8 of the T&Cs) for purposes other than accommodation (stay, overnight stay) is explicitly prohibited. Any use of the rooms for purposes other than accommodation, e.g. use for public events or advertising, for job interviews, sales events, continuing education and training and other events, as well as the use of hotel areas outside of the booked rooms for purposes other than accommodation therefore requires the prior express consent of Ruby Hotels, the granting of which may be subject to an additional charge.
6.2 The standard occupancy for all room categories is a maximum of two persons and one child up to and including three years of age. A higher occupancy is only permitted if the room category selected at the time of booking is expressly designated for more persons. The specified maximum number of persons may not be exceeded under any circumstances.
6.3 Adolescents under the age of 18 must be accompanied by an adult. Children under the age of 14 must be supervised by an adult guest at all times throughout their stay at the hotel.
6.4 The room must be vacated and returned to the hotel not later than by 11:00 on the agreed departure date.
6.5 If the room is returned late (after 11:00), Ruby Hotels may charge the guest 50% of the rate for an overnight stay in this room for any use beyond the contractually agreed time until 15:00, and 100% of the aforementioned rate from 15:00 onwards. This shall not give rise to any contractual rights on the part of the guest. The guest is entitled to adduce evidence to show that the hotel has incurred no loss or significantly less loss than the above flat compensation rate.
6.6 In addition, Ruby Hotels reserves the right to have the room vacated and to store all of the guest’s belongings in the hotel if the room is returned late. Ruby Hotels assumes no additional liability for the items stored in this way beyond the liability terms laid down in these T&Cs pursuant to clause 13.
The Guest is strictly prohibited from reselling or subletting any booked rooms to third parties. This also includes, in particular, the subletting of rooms and/or room contingents to third parties, e.g. also at higher rates than the agreed room rates.
8.1 When booking a room, the guest may use the designated public areas of the respective Ruby Hotel, such as the bar, cinema, terrace, etc., free of charge. However, the public areas are not considered part of the Hotel Accommodation Contract for the booked hotel room.
8.2 Ruby Hotels reserves the right to close the public areas for urgent operational reasons, including at short notice.
8.3 If the public area is unavailable, the guest is not entitled to a partial or full refund of their payment for the accommodation.
9.1 The prices are total prices, which include taxes (such as VAT), local duties and other price components applicable at the time the contract is concluded. This does not include local duties, which may be payable by the guest to other authorities under municipal law, e.g. tourist tax. These shall be paid by the guest or their fellow travellers on the spot according to the local rates.
9.2 The room bill will be debited in the respective local currency.
9.3 Package offers, special promotions, discounts, or other rebates cannot be combined or transferred to third parties.
9.4 Only MasterCard, Visa Card, Diners Card and American Express are accepted at the respective locations as means of payment for the goods and services offered by Ruby Hotels.
9.5 Payment by credit card and therefore also the booking requires a contract between the guest and a credit card company. When booking via the Ruby website, the guest shall provide their credit card details (credit card number, expiry date and security code [on the back of credit card]). For data protection reasons, the guest may not transmit their credit card details to Ruby Hotels by any other means, e.g. email, fax, or telephone.
9.6 The amount payable by the guest will be charged to the credit card at the time of booking in the event of non-cancellable rates and at the end of the free cancellation period in the event of cancellable rates. The exact time at which the guest is debited depends on the respective credit card contract.
9.7 Ruby Hotels may also charge the guest’s credit card provided at the time of booking to settle other payments or outstanding items that the guest owes due to subsequent additional bookings and/or the use of other services or other uses or their conduct.
9.8 The amount of the advance payment is determined by the respective information provided when the contract is concluded. Ruby Hotels is entitled to demand an appropriate security deposit from the guest upon conclusion of the contract, for example in the form of a credit card guarantee.
Different provisions for hotels in Italy: when booking an Italian hotel (contracting partner: Ruby Hospitality Italy S.r.l.), the advance payment is deemed to be a security deposit (“deposto cauzionale infruttifero”).
9.9 In the event of a payment default on the part of the guest, the statutory provisions apply.
9.10 The guest may only set off a claim against a claim on the part of Ruby Hotels, provided that the former is undisputed or has been upheld and declared unappealable by a court of law.
9.11 Invoices will be sent exclusively by email to the address provided by the guest at the time of booking.
10.1 The guest may only withdraw from the Hotel Accommodation Contract (“Cancellation”) if a right of withdrawal has been agreed with Ruby Hotels or if there is a statutory right of withdrawal or if Ruby Hotels agrees to the withdrawal.
10.2 The guest is requested to use the online cancellation option for the booked room/s on the website of Ruby Hotels. Otherwise, the guest’s Cancellation must be declared at least in text form (e.g. by email) and should, where possible, include the reservation or booking number to enable us to attribute it to the correct reservation.
10.3 If a date has been agreed between Ruby Hotels and the guest by which cancellations may be made free of charge, the guest may cancel the Hotel Accommodation Contract up to this date without triggering any payment or damages claims on the part of Ruby Hotels.
10.4 If a right of withdrawal has not been agreed or has already expired and there is no statutory right of withdrawal or termination either, Ruby Hotels retains the right to the agreed payment in the event of a Cancellation of the Hotel Accommodation Contract even though the guest did not use the accommodation.
If the cancelled room is not rented to another person, Ruby Hotels may, at its discretion, charge the guest a flat-rate cancellation fee rather than specifically calculated compensation. The flat-rate cancellation fee is calculated based on the contractually agreed rate less flat-rate expenses. Unless otherwise agreed in a particular case, in this case the guest is obliged to pay 90% of the contractually agreed overnight stay with or without breakfast.
10.5 In the event of a No-Show pursuant to clause 5.2 of these T&Cs, i.e. if the guest does not arrive by the agreed time without having declared a Cancellation, Ruby Hotels retains the right to the agreed payment even though the guest did not use the accommodation. In the event of a No-Show, the guest is therefore obliged to pay 100% of the agreed rate for the booking. In the event that the “Flex Rate” was chosen, the guest will only be charged 100% of the agreed rate for the first night.
10.6 The guest is entitled to adduce evidence to show that Ruby Hotels did not incur the loss or did not incur it to the extent of the flat rate demanded.
11.1 Ruby Hotels is entitled to withdraw from the Hotel Accommodation Contract for objectively justified reasons, in particular if
a. an agreed and due payment by the guest (down payment / agreed rate / security deposit) is not provided even after a reasonable grace period set by Ruby Hotels has expired, or
b. rooms are intentionally booked using misleading or false information about the guest’s identity and Ruby Hotels has suffered material loss as a result of this conduct (the term “material” may relate to the identity of the guest, their ability to pay, or the purpose of the stay), or
c. Ruby Hotels has reasonable grounds to believe that the use of the hotel’s services will jeopardise the smooth operation of the hotel, its security, and/or public reputation, without this being attributable to the hotel’s sphere of control or organisational sphere, or
d. there is a breach of the ban on reselling and/or subletting (clause 7), or
e. force majeure or other circumstances exist for which Ruby Hotels is not responsible and which make the fulfilment of the contract impossible or unreasonably difficult for Ruby Hotels.
The foregoing is without prejudice to any other legal claims of Ruby Hotels, in particular claims for damages.
11.2 If Ruby Hotels withdraws from the contract for a valid reason, the guest is not entitled to any damages.
12.1 The statutory warranty provisions apply.
12.2 Within the scope of the statutory duty to mitigate any loss or damage, the guest is obliged to do everything reasonable to avoid disruptions and minimise any possible loss or damage, and to notify Ruby Hotels immediately of any disruptions or loss or damage.
12.3 All claims of the guest against Ruby Hotels expire one year after the start of the statutory limitation period. This does not apply,
a. in the event of claims for loss or damage due to injury to life, limb, or health,
b. in the event of claims for loss or damage based on an intentional or grossly negligent breach of duty by Ruby Hotels or Ruby Hotels’ legal representatives or any person performing a contractual obligation for whom Ruby Hotels is vicariously liable (vicarious agents), or
c. in the event of claims for loss or damage based on an intentional or negligent breach of obligations on the part of Ruby Hotels or Ruby Hotels’ legal representatives or vicarious agents that are typical for the contract.
12.4 The limitation period starts to run at the end of the year in which the claim arose and the guest became aware, or in the absence of gross negligence ought to have become aware, of the circumstances giving rise to the claim and the identity of the liable party.
13.1 Unless otherwise provided in these T&Cs including the following provisions, in the event of a breach of contractual and non-contractual obligations Ruby Hotels is liable in accordance with the statutory provisions.
13.2 In cases of intent and gross negligence, Ruby Hotels is liable for damages – irrespective of the legal basis – within the scope of fault-based liability. In the event of ordinary negligence and subject to a more lenient standard of liability pursuant to statutory provisions (e.g. for the duty of care observed in our own affairs), Ruby Hotels is only liable
a. for damage suffered due to injury to life, limb, or health,
b. for damage arising from a considerable breach of a fundamental contractual obligation (i.e. an obligation whose fulfilment is crucial for the proper performance of the contract and on the fulfilment of which the other party to the contract regularly relies and may duly rely); in this case, however, the liability of Ruby Hotels is limited to compensation for foreseeable loss or damage which typically occurs.
13.3 Ruby Hotels is liable to the guest for items brought in by the guest in accordance with the statutory provisions; liability is limited to € 3,500, and to € 800 for money, securities, and valuables.
Different provisions for hotels in Italy:
For items brought into an Italian Ruby Hotel by the guest, Ruby Hospitality Italy S.r.l. is liable to the guest in accordance with the statutory provisions; liability for money, securities, and valuables is limited to one hundred times the agreed rate for an overnight stay.
Ruby Hotels recommends the use of the hotel safe or room safe. If the guest wishes to bring in money, securities, and valuables worth more than € 800, this requires a separate storage agreement with Ruby Hotels.
13.4 If the guest is provided with a parking space in the hotel garage or in the hotel car park, even in return for a fee, this does not give rise to a safekeeping agreement. In the event of any loss of or damage to motor vehicles parked or manoeuvred on the hotel property and their contents, Ruby Hotels is only liable in accordance with clauses 13.1 and 13.2.
13.5 The aforementioned restrictions of liability also apply in the event of breaches of duty by or for the benefit of persons for whose fault Ruby Hotels is responsible in accordance with statutory provisions. They do not apply if Ruby Hotels has fraudulently concealed a defect or is liable under mandatory statutory provisions.
14.1 The guest shall treat the hotel room with due care and consideration.
14.2 The guest is liable for any loss or damage and consequential loss or damage caused by them. This particularly includes any soiling that goes beyond the normal use of a hotel room, any damage, and the costs of a fire alarm, which is caused by a use of the hotel room in contravention of the T&Cs.
15.1 No food, drinks, and electronic devices brought onto the premises
The consumption of food and drinks brought onto the premises is prohibited in the hotel’s public areas. Guest may only have breakfast in the designated public areas (bar, café). The preparation of food in the rooms is prohibited.
For fire safety reasons, guests are not permitted to use electronic devices such as kettles, irons, and hairdryers brought onto the premises.
15.2 Rules on charging e-mobility batteries for e-bikes/e-scooters in the rooms
For safety reasons, charging batteries for e-scooters, e-bikes and similar small electric vehicles is only permitted in the rooms under the following conditions:
If these conditions are not complied with, the charging of batteries in rooms is prohibited. Ruby Hotels reserves the right to take appropriate measures in the event of non-compliance, such as: issuing a warning to the guest, removal of the charging device and battery from the room, withdrawal from the contract in the event of repeated non-compliance or a safety risk in accordance with clause 11.1 c.
15.3 Non-smoking rule in the hotel
All Ruby Hotels are non-smoking hotels. Accordingly, smoking is banned in the public areas as well as in the rooms.
In the event of non-compliance, Ruby Hotels has the right to demand damages from the guest in the amount of € 500 (converted into the local currency of the country in which the hotel is located) for the additional cleaning costs, including any loss of revenue due to the room being blocked. These damages shall be set at a higher or lower amount in the event that Ruby Hotels proves that the loss suffered was higher or the guest proves that it was lower.
15.4 Pets
Pets are not permitted.
Dogs are only allowed in the event of a Wow room booking made via our website. The number of dogs must be stated when the booking is made. A maximum of two dogs are allowed per Wow room. The additional cleaning fee set out in the booking must be paid per room. Dogs are not permitted in the bar area while breakfast is being served. Outside the room and in the hotel’s public areas, dogs must always be kept on a lead measuring no more than 2 m.
Assistance dogs, such as guide dogs for the blind or other service dogs, are exempt from the above provisions. These assistance dogs may be brought into the bar area free of charge and at any time. This requires proof that the dog classifies as an assistance dog.
15.5 Right to determine access
As the holder of the right to determine access to the premises, Ruby Hotels reserves the right to expel guests from the hotel if necessary. This applies, in particular, if guests fail to follow staff instructions, make discriminatory comments, harass or endanger other guests.
16.1 All legal relationships between Ruby Hotels and the guest are solely subject to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. However, if all elements of the Hotel Accommodation Contract (registered office of the hotel company, location of the hotel, and domicile of the guest) are located in a country other than the Federal Republic of Germany at the time of booking, the parties’ choice of law shall not prejudice the application of provisions of the law of the other country if it is not possible to deviate from them by agreement.
16.2 If the guest is a merchant, a legal person under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is Munich, Germany.
When booking a hotel within the European Union, where the contract is concluded with a contracting partner located within the European Union (see the table in clause 1.1), the following applies:
The European Commission provides a platform for online dispute resolution (ODR) at http://ec.europa.eu/consumers/odr/. For the email addresses of each of the European contracting partners, please refer to the table in clause 1.1. We are neither willing nor obliged to participate in alternative dispute resolution proceedings before a consumer arbitration board. When booking a hotel in Italy, Ruby Hospitality Italy S.r.l. reserves the right, on a case-by-case basis, to take part in mediation proceedings pursuant to Law No. 28/2010.