General Terms and Conditions

1. Area of Application

1.1. These terms and conditions apply solely to contracts for the rental use of hotel rooms for lodging purposes, as well as all other goods and services rendered by the hotel for the guest in this context (Accommodation contract or Reservation Confirmation contract – hereinafter Accommodation contract).
1.2. The guest’s terms and conditions shall apply only if these are previously expressly agreed.

2. Conclusion of Contract, Parties, Subletting & Re-letting

2.1. The accommodation contract shall come into force upon the hotel’s acceptance of the guest’s or Company’s request. At its discretion, the hotel may confirm the room reservation orally, in written form, e.g. email or action implying intention, e.g. service provision.
2.2. Parties to the contract are the hotel and the guest or Company. If a third party has made the reservation on behalf of the guest or Company, this party shall be liable to the hotel jointly and severally together with the guest or Company for all obligations arising from the contract. Notwithstanding the above, any ordering party is obliged to pass all booking-related information on to the guest, in particular these general terms and conditions.
2.3. Subletting and re-letting of rooms as well as their use for other than lodging purposes require the hotel’s prior expressive consent.

3. Services, Prices, Payment, Set-Off

3.1. The hotel is obliged to have the booked rooms available and to render the services as agreed in accordance with the accommodation contract.
3.2. The guest or Company is obliged to pay the agreed or applicable rates for rooms provided and other services agreed. This also applies to services ordered by the guest directly or via the hotel, which a third party provides and the hotel disburses.
3.3. Unless otherwise agreed by the parties, the prices include all taxes and local taxes in effect at the time of the conclusion of contract. This does not include locally levied taxes, which are owed by the guest himself according to the particular municipal law, e.g. City tax. If the value added tax (VAT) is changed or if local taxes concerning the rooms and services are newly introduced, changed, or abolished after these have been contractually agreed upon, the prices will be adjusted accordingly. This only applies to contracts concluded with consumers, if four months have passed between the conclusion and fulfilment of the contract.
3.4. Hotel invoices not stating a due date are payable without deduction and due immediately upon receipt of the invoice. With default of payment, the hotel shall be entitled to demand the respectively applicable 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.
3.5. The hotel is entitled to require a reasonable advance payment or a security, e.g. a credit card guarantee, from the guest or Company upon conclusion of the contract. The amount of the advance payment and payment dates may be agreed in the contract.
3.6. In justified cases, e.g. the guest’s or Company 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 a security within the meaning of the above-mentioned § 3 (5) or an increase of the advance payment or a security agreed in the contract up to the total agreed remuneration.
3.7. Furthermore, the hotel shall be entitled, at the commencement and during the guest’s stay, to demand a reasonable advance payment or security deposit to the Company within the meaning of the above-mentioned §3 (5) for existing and future accounts receivable from the contract, insofar as such has not already been paid pursuant to the above-mentioned § 3 (5) and/or § 3 (6).
3.8. As far as mutually interdependent demands are not concerned the guest or Company may only set-off a claim by the hotel with a claim which is undisputed or decided with final, res judicata effect.

4. Withdrawal of the Guest / Non-utilization of Hotel‘s Services

4.1. Insofar as the hotel and guest or Company have agreed upon a date for a cancellation at no cost, the guest or Company may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel. The guest’s or Company’ s right of withdrawal shall expire, if he/she does not exercise his/her right of withdrawal in written form, e.g. by email, vis-à-vis the hotel by the agreed date.
4.2. In case a right of withdrawal pursuant to § 4 (1) is not agreed or already expired the guest or Company can only withdraw from the contract if another statutory right of withdrawal exists or if the hotel gives its explicit consent to the withdrawal in written form, e.g. by email.
4.3. The hotel is entitled to the contractually agreed rate, if a contractual right of withdrawal pursuant to § 4 (1) was not agreed or has expired, a statutory right of withdrawal or cancellation is not given, and the hotel does not give its consent to the cancellation of the contract. This applies also even if the rooms are not used by the guest (“No-Show”). The hotel can demand the contractually agreed rate and assess a lump sum for the expenses of the hotel.
4.4. The Hotel reserves the right to change the Service prices and cancellation conditions.

5. Cancellation by / Withdrawal of the Hotel

5.1. Insofar as it was agreed pursuant to § 4 (1) that the guest or Company can withdraw from the contract at no cost within a certain period of time.
5.2. The hotel is likewise entitled to withdraw from the contract, if an agreed advance payment or an advance payment or a security demanded pursuant to the above-mentioned § 3 (5) and/or 3 (6) and/or § 3 (7) is not made even after a reasonable grace period set by the hotel has expired.
5.3. Moreover, the hotel is entitled to effect extraordinary withdrawal from or cancellation of the contract for a materially justifiable cause, in particular if force majeure or other circumstances beyond the hotel’s control render the fulfilment of the contract impossible;
if rooms or accommodations are booked with culpably misleading or false information or concealment regarding essential facts; the identity or solvency of the guest or Company or the purpose of stay can constitute essential facts;
if 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;
in the case of an unauthorized subletting or re-renting;
in case the hotel has knowledge that the financial situation of the guest or Company has deteriorated considerably after conclusion of the contract, in particular if the guest or Company does not settle the hotel’s due claims or insolvency proceedings has been instituted against him/her;
if the hotel made a mistake in the content of the declaration of intent or if the hotel had no intention of making a declaration with such content.
5.4. In these cases, the withdrawal by the hotel constitutes no claims for damages for the guest or Company.

6. Arrival and Departure

6.1. With his/her booking the guest does not acquire the right to be provided specific rooms except this was expressly agreed.
6.2. Booked rooms are available to the guest starting at 2:00 p.m. on the agreed arrival date.
6.3. Rooms must be vacated and made available to the hotel no later than 12:00 noon on the agreed departure date. After that time, on the grounds of the delayed vacating of the room for use exceeding the contractual time, if both parties have not agreed in advance, the hotel may charge 50 % of the full accommodation rate for the additional use of the room until 6:00 p.m. (after 6:00 p.m.: 100 %). Contractual claims of the customer shall not be established hereby. The customer is at liberty to prove that the hotel has no or a much lower claim for charges for use of the room.

7. Liability of the Hotel, Statute of Limitation

7.1. The hotel is liable for harm inflicted on life, limb and physical health. Further it is liable for other damage caused with full intent or gross negligence or due to intentional or grossly negligent violation of obligations typical for the contract. A breach of obligation of the hotel is deemed to be the equivalent to a breach of a statutory representative or vicarious agent. All other claims for damages are excluded, if not determined differently in this § 7.
7.2. In case of disruptions or deficiencies in the service of the hotel, it shall endeavor to remedy the same without delay as soon as it is notified by the guest. The guest shall be obliged to undertake actions reasonable for him/her to eliminate the disruption and to keep any possible damage to a minimum.
7.3. The hotel recommends depositing valuables in the hotel safe. Liability claims are forfeited if the guest does not notify the hotel immediately after suffering loss, destruction, or damage.
7.4. Insofar as a parking space in the hotel garage or a hotel parking lot is provided to the guest, this does not constitute a safekeeping agreement, even if a fee is charged. The Hotel shall have no surveillance obligations. The hotel only assumes liability for loss of or damage to motor vehicles parked or maneuverer on the hotel’s property and the contents thereof only pursuant to the preceding § 7 (1). In this case a claim for damages must be notified to the hotel at the latest at the time of checking out.
7.5. Messages, mails, and merchandise deliveries for guests shall be handled with care. The hotel will deliver, hold, and, for a fee, forward such items (on request). The hotel only assumes liability according to the preceding § 7 (1).
7.6. Any and all claims against the hotel shall generally be time-barred one year after the commencement of the general statute of limitations period. Damage claims shall be time-barred after five years, dependent on knowledge thereof, insofar as they are not based on claims arising out of harm inflicted on life, limb, physical health, or liberty. These damage claims shall be time-barred after ten years, independent of knowledge thereof. The reduction of the statute of limitation periods shall not apply to claims which are based on an intentional or grossly negligent breach of obligation by the hotel.

8. Final Provisions

8.1. Amendments and supplements to the contract, the acceptance of offers or these terms and conditions should be made in written form. Unilateral amendments or supplements by the guest or Company are invalid.
8.2. For commercial transactions the place of performance and payment as well as, in the event of litigation, including disputes for checks and bills of exchange, the exclusive court of jurisdiction is at the discretion of the hotel either at its registered office. The hotel reserves the right to institute lawsuits and other legal proceedings at the court of jurisdiction of the guest or Company.
8.3. Should individual provisions of these terms and conditions be or become invalid or void, the validity of the remaining provisions shall remain unaffected thereby. Apart from that the statutory provisions shall also apply

Hotel: Ibis Styles Ljubljana Centre & The Fuzzy Log
Operating Company: Mogotel Ljubljana d.o.o.

If you wish to cancel the contract, please contact us:

Mogotel Ljubljana d.o.o.
Miklošičeva cesta 9, 1000
Ljubljana, Slovenia
Tel. +386 30 707 003
Hc0e6@accor.com