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Общие коммерческие условия

Общие коммерческие условия

General terms and conditions for hotel accmomodations

I. Coverage
  1. These terms and conditions are applicable for accommodation agreements as well as all other services and deliveries to the guest by the hotel.
  2. Different provisions, even if contained within the general terms and conditions are not applicable unless they are specified by the hotel in writing.
II. Conclusion of contract
  1. Upon a booking request of the guest, and with confirmation thereof, an accommodation contract is (short term “contract” ) is established.
  2. Parties are the hotel and the guest. If a third party makes any bookings for the guest, it will be liable towards the hotel for all obligations of the contract. Besides that, each third party is independently to supply all information of the general terms and agreement to the guest.
  3. Subleasing the rooms and other services to others as well as their usage for other purposes than accommodation, require the written consent of the hotel.
III. Services, rates, payment
  1. The hotel is responsible to provide rooms and services that the guest has booked under the agreed terms and conditions.
  2. The guest is responsible to pay the rates for the rooms and services that he claimed. This also applies to services and expenditures the hotel has accrued towards others because of the guests booking.
  3. The agreed upon rates include the value added tax.
    If the period between the initial booking and the fulfillment of the agreement is more than four months, and the rates usually increase, so can it not be more than 10% of the agreed upon rate.
  4. The hotel can change the rates if the guest should retroactively change the number of rooms, services or the duration of his stay and of which the hotel agrees upon.
  5. The hotel bill is to be paid immediately and without reduction after it has been issued. The guest is in default if the bill has not been paid 14 day after its issue. This is only applicable if the guest has been notified of such terms in the bill. In case of payment delay the hotel reserves the right to charge 5% interest above the standard 8% interest on delayed charges. The hotel reserves the right to do so at its discretion. The fees for the demand note are € 5.00.
  6. The hotel reserves the right to ask for a security deposit upon the conclusion of the agreement. The amount of the deposit and its due date of can be noted contractually. The hotel is also permitted to ask for a settlement of the bill during the stay if it chooses to do so.
  7. The guest can only reduce his bill with an absolute and indisputable claim against the hotel.
  8. The guest is responsible to use the rooms only for overnight stay. Additional use like photo- or filmshootings have to be approved previously by the hotel management.
IV. Cancellation by the guest
  1. The hotel grants cancellation any time by the guest. All cancellations and changes must be made in writing by e-mail or fax .Therefore there are such conditions:
    a) In case of cancellation by the guest, the hotel has the right of an adequate compensation.
    b) Cancellation policies:
    We understand, that your travel plans may change. In order to avoid unnecessary charges, please note the following cancellation policies. We recommend also an insurance of hotel cancellation.

    1. Cancellation policies for normal season:
      If cancelled or modified up to 2 days before arrival by 6 pm local time, no fee will be charged. If cancelled, modified after the deadline 90% of all nights will be charged. By a no-show 100% of all nights will be charged. All cancellations and changes must be made in writing by e-mail or fax.
      Down payment: A deposit is not necessary.
    2. Cancellation policies for high season:
      If cancelled or modified up to 7 days before arrival by 6 pm local time, no fee will be charged. If cancelled, modified after the deadline 90% all nights will be charged. By a no-show 100% of all nights will be charged. All cancellations and changes must be made in writing by e-mail or fax.
      Down payment: A deposit is not necessary.
    3. Cancellation policies valid for trade fair:
      If cancelled or modified up to 28 days before arrival, no fee will be charged. If cancelled, modified after the deadline 90% all nights will be charged. By a no-show 100% of all nights will be charged. All cancellations and changes must be made in writing by e-mail or fax.
      Down payment: 50% of the total price of the reservation will be charged at least 28 days prior to arrival and is non-refundable.
      The guest is at liberty to provide prove that the hotel has no cost below the required compensation.

      1. As long as the hotel calculates the compensation correctly, the amount of the compensation is maximum the amount of the agreed upon rate minus any saved expenditures and income due to other usage of their services.
      2. The above mentioned conditions regarding compensation apply when the guest does not use the facilities and failed to notify the hotel in a timely manner.
      3. If the hotel grants the option to the guest to withdraw from the agreement within a given deadline, the hotel has no more right to claim any compensation. Applicable for the timely manner is the actual reception of the withdrawal. The guest has to do so in writing.
    V. Cancellation by the hotel
    1. Since the guest has the right to a free cancellation as mentioned in IV. Part 3, the hotel also has the right to withdraw within the agreed period from the agreement if other guests wish to make reservations and the guest does not reply to a confirmation request by the hotel.
    2. If there is no prepayment or security deposit submitted, as mentioned in III part 6, in the required deadline, then the hotel is also allowed to withdraw from the agreement.
    3. Furthermore is the hotel permitted to withdraw if:
      • *the circumstances do not permit it by acts of god;
      • *Rooms were booked under false pretenses, as well as false information to the guest himself or the usage of the facilities;
      • *the hotel has reason to believe that the usage of the facilities endanger the operation of the business or compromise the safety or reputation of the hotel in public without it being accountable for it;
      • *a not permitted sublease exists as mentioned in II part 3;
      • ein Fall der Ziffer VI Abs. 3 vorliegt;
      • das Hotel von Umständen Kenntnis erlangt, dass sich die Vermögensverhältnisse des Gastes nach Vertragsabschluss wesentlich verschlechtert haben, insbesondere wenn der Gast fällige Forderungen des Hotels nicht ausgleicht oder keine ausreichende Sicherheitsleistung bietet und deshalb Zahlungsansprüche des Hotels gefährdet erscheinen;
      • *insolvency proceedings started or have been denied because of a lack of assets or any other reasons;
      • *the guest started insolvency proceedings, declares bankruptcy or stopped any payments;
    4. The hotel has to notify the guest immediately of its withdrawal in writing.
    5. IIn the above mentioned cases of withdrawal the guest cannot claim any compensation.
    VI. Arrival and departure
    1. The guest cannot claim any specific room unless the hotel confirmed the availability of such.
    2. Booked rooms are available to the guest from 15:00 pm on the day of the agreed arrival. The guest cannot demand an earlier check in.
    3. Booked rooms are to be occupied by 6:00pm on the day of arrival. Unless a later arrival time was specified the hotel reserves the right to rent out the rooms to others after 6:00pm without the guest being able to claim compensation. In this respect the hotel has the right of withdrawal.
    4. Checkout time on the day of departure is 11:00am. The rooms have to be vacated by then. Any time after that the hotel can charge an additional fee for late checkout till 6:00pm. After 6:00pm there is an additional full day charge for the room. The guest is at liberty to provide prove to the hotel that there has not been any or a significant loss in business.
    VII. Liability of the hotel, statute of limitation
    1. Should there be any disorders or discrepancies of the hotel, the hotel will immediately upon notification by the guest correct such claims. Does the guest refrain from immediate notification his right for compensation ceases to exist.
    2. The hotel is liable for all harm to life, body and health as per law.
    3. The hotel is liable for damages due to negligence only if these derive of a substantial breach of contract. In this case the liability is limited to the predictable, typical damages.
    4. In all other cases, the liability of the hotel is for damages of property limited to €2.557.000,00 and €52.000,00 for financial loss. Liability limitations do not apply if damages occur due to gross negligence or intentional violation of obligations of the hotels purveyor or managing employees.
    5. The above mentioned limits of liability apply to all claims of indemnity regardless of their legal grounds including claims of unlawful actions. They also apply in cases of indemnity against an employee or purveyor of the hotel. They do not apply in case of liability due to defects of a guarantee of constitution of an object thru fraudulently disguised mistakes or bodily harm.
    6. Liability by law for imported objects is limited to one hundred times the room rate,
      but a maximum of €3000,00 . For property (cash, jewelry and so forth) the limit is €800,00. Cash and valuables that are put in the in room safe are covered to a limit of €3000,00 . The hotel recommends to use it. The right to claim compensation ceases to exist if the guest does not immediately notify the hotel of any damage or loss.
    7. Although the guest has been appointed a parking spot in the hotel garage or parking lot, even for a charge, the hotel is not responsible for the custody of the vehicle. The hotel is not responsible for the surveillance of vehicles. The hotel is not liable for any loss or damage of any on hotel property parked vehicles and their contents within, as long as the hotel’s employees do not cause gross negligence. In which case the damage must be reported the latest by departure of the hotel.
    8. Wake up calls are being made with great care by the hotel. Indemnity claims can only be made in case of gross negligence or intention.
    9. Messages, mail and parcels for the guests are being handled with great care. The hotel accepts deliveries, storage and, if so requested for a fee, forwarding of lost and found items. Indemnity claims, except by gross negligence or intent, are invalid. The hotel reserves the right to forward any lost and found items at a charge to the local lost and found office after a month of storage.
    10. Indemnity claims cease after two years of the moment the guests noticed the damage or three years without the guests notice. This does not apply to any damage to life, bodily injury or other damages based upon gross negligence or intent of any of the hotel’s employees.
    VIII. No smoking
    1. The Villa Achenbach is a non smoking hotel!
      Therefore it is not permitted to smoke inside the hotel property. Opportunity to smoke is given on the outside of the hotel. In case of disregard of this notice the hotel reserves the right to charge a cleaning fee as well as a charge due to a loss of business. That charge is 500€.
    IX. Final conditions
    1. Changes or additions to the agreement, acceptance proposal or these conditions for accommodation must be in writing. One sided changes or additions by the guest are invalid.
    2. Place of fulfillment and payment is the residency of the hotel.
    3. Place of jurisdiction- as well as for check and draft disputes – is in business commerce the residence of the hotel or by choice of the hotel, Duesseldorf. If a party does not have a local place of jurisdiction, the place of jurisdiction shall be the residency of the hotel. The hotel is authorized to bring forth any claims at the place of jurisdiction of the opponent.
    4. Applicable are the laws of the Federal Republic of Germany.
    5. Should individual conditions of these terms for accommodation become or are invalid, it does not, however affect the validity of all other conditions. Incidentally apply all lawful regulations.

    Date: December 2015