Booking, confirming or reserving a room at short notice automatically establishes a guest accommodation contract.
When a guest accommodation contract has been established, both contracting parties have obligations arising from it for the entire duration of the contract.
a. The guesthouse owner is obliged to make the room ready according to the booking.
b. The guest is obliged to pay the agreed price for booked period of the room.
If a guest does not use the hotel room they have booked, they still remain legally obliged to pay the price for the agreed hotel service, irrespective of the reason for not making use of the facilities. Costs not actually incurred by the hotel will be deducted from this price.
Experience has shown that costs not actually incurred by the hotel amount to 20% of the agreed price for overnight accommodation, 30% for half-board arrangements and 40% for full-board arrangements.
If the hotel operator is able to allocate the unused room elsewhere, the guest shall not be required to pay the amount of income the hotel operator actually receives for this specific period.
Payment for all services before departure The hotel operator is entitled to payment of all services before the guest’s departure and, accordingly, retains a legal lien on the guest’s property brought to the hotel.
The place of jurisdiction shall be the business location, since even if the room is not used, the services under the guest accommodation contract must be provided at the place of business.