General Terms and Conditions for Hotel Accommodation Contracts

I. Scope

1. These Terms and Conditions apply to contracts for the letting of the Hotel rooms for
accommodation and all other customer-related activities and services provided
by the Hotel
2. Sub-contracting or sub-letting of rooms, together with their use for any purposes
other than accommodation, require the prior written approval of the Hotel
3. The Terms and Conditions of the customer will only apply if they have previously
been expressly agreed in writing.

Contract agreement, contracting parties and limitations

1. The contract becomes valid when the Hotel accepts the customer’s application. It is open to the Hotel to confirm the room reservation in writing.
2. 2. The contracting parties are the Hotel and the customer. If a third party has placed a reservation on behalf of the customer, the customer and the third party shall be jointly responsible to the Hotel for all obligations arising from the Hotel contract, provided that the customer shall provide the Hotel with an appropriate statement to this effect.
3. The hotel is liable for its obligations under the contract. In the non-typical services liability based on intent or gross negligence of the hotel is limited.
4. The limitation period for all claims by the customer 6 months.
5. This limitation of liability and brief limitation period apply to the hotel even in breach of obligations in the contract and breach of contract.

Services, tariffs, payment, offsetting

1. The Hotel is obliged to make the rooms available that the customer has reserved and to provide the services that have been agreed.
2. The customer is obliged to pay the current or agreed Hotel prices to hire the room and any other services he has made use of. This also applies to services and expenses that he requests the Hotel to make over against third parties.
1. Prices may be further adjusted if the customer subsequently wishes to alter the number of rooms reserved, the services required or the length of stay of the guests, and the Hotel agrees to this.
4. Hotel invoices without a payment date are payable in full within 30 calendar days of receipt. The Hotel is entitled to demand payments outstanding at any time, and to require immediate payment. In the event of delay in payment, the Hotel is entitled to demand the appropriate legal late payment interest transactions involving the customer.
5.When the contract is agreed, or subsequently in accordance with the legal regulations governing package holidays, the Hotel is entitled to request an appropriate advance or guarantee payment. The amount of advance payment and the payment deadlines may be agreed in writing in the contract.
6. The customer can only offset or reduce the Hotel’s payment demands by means of an unchallenged legal claim.

Withdrawal of the customer

1. Cancellation by the customer of the contract with the hotel requires the written consent of the hotel. If not given, then the price agreed in the contract must be paid even if the customer does not avail himself of contractual services. This does not apply in cases of breaches by the hotel or one of his own fault, impossibility of performance.
2. To the extent the hotel and a date for cancellation of the contract in writing may withdraw from the contract, the customer up to that date without incurring payment or damage compensation claims by the hotel. The right of rescission of the customer goes, if he does not exercise his cancellation right in writing exercises across the street, unless a delay in performance of the hotel or a case of when it is impossible of performance.
3. When not used by the customer, the hotel rooms, the income from renting the rooms and the saved expenses to expect.

I. Withdrawal by the Hotel

1. Provided that the customer’s right to withdraw without penalty within a particular time period has been agreed in writing, the Hotel is also for its part entitled to withdraw without penalty within this time period if applications from other customers for rooms reserved under contract are to hand, and the customer does not waive his right to withdraw when contacted by the Hotel.
2. The Hotel is also entitled to withdraw from the contract if an advance payment as agreed is not made, even after an appropriate period of grace set by the Hotel has elapsed.
3. Furthermore, the Hotel is entitled to withdraw from the contract in exceptional circumstance, if so justified for well-founded reasons, especially in the event that: an act of God or other circumstances beyond the control of the Hotel make the fulfilment of the contract impossible
• rooms are booked giving a misleading or a false description of essential facts (e.g. in respect of the customer or the purpose);
• the Hotel has good grounds for supposing that the use of the Hotel services might jeopardise the smooth running of the Hotel’s operations, or the safety or the reputation of the Hotel in the public eye

Preparing, handing over and returning the room

1. The customer has no right to demand that particular rooms are prepared for him.
2. The reserved rooms shall be available to the customers by 2 p.m. at the earliest on the agreed date of arrival. The customer has no right to demand that rooms should be prepared earlier.
3. On the agreed date of departure, rooms must be vacated and at the Hotel’s disposal by 11 noon at the latest. If there is delay in vacating the room the Hotel may invoice for its use beyond the contract period up to 6 p.m. at 50% of the current daily letting price, and at 100% from 6 p.m. onwards. Any contractual claims made by the customer cannot be justified on these grounds. The customer is at liberty to provide evidence that the Hotel had no claim or a significantly lower claim on payment for its use.

The Hotel’s liability

1. The Hotel shall be responsible for its obligations arising from the contract, exercising the care expected of a reasonable trader. Any customer claims for compensation will not be countenanced. Exclusions to this apply to compensation arising from death, bodily injury or damage to health, if the Hotel has to answer for dereliction of duty, or other damages that involve a premeditation or negligent breach of duty on the part of the Hotel, or involve any premeditated or negligent breach of its contractual duties. Should there be any faults or shortcomings in the services provided by the Hotel, the Hotel will make every effort to correct this if the customer has brought these to its attention or made his objections promptly known. The customer is obliged to make reasonable effort to rectify any fault or minimise any possible loss or damage, and to bring any faults or damage immediately to the Hotel’s attention. The customer is also obliged to advise of the likelihood of any possible serious loss or damage in good time.
2. Though the customer may be offered a parking space in the Hotel garage or car park, this shall not form a contract for its safekeeping, even if a parking fee is paid. The Hotel shall not assume liability for loss or damage to any vehicle parked on the Hotel’s property, or its contents, except in the event of wantonness or gross negligence. This also applies to the Hotel’s agents.
3. Instructions for wake-up calls shall be carried out carefully.
4. Messages, post and the sending of trade samples for the customers shall also be treated with great care. The Hotel will undertake to deliver or keep such items (at the Hotel), or to send them on if desired, for a fee.
5. The Hotel shall be responsible for items brought into the Hotel in accordance with the provisions of the law. The Hotel strongly recommends that customers avail themselves of this service of safes in the room.

Final provisions

1. Any amendments or additions to this contract, the proposal acceptance or these Terms and Conditions for Hotel Accommodation must be made in writing. Any unilateral alterations or additions by the customer shall be void.
2. The contract shall be executed and payment shall be made at the company office of the Hotel concerned.
3. Insofar as not in conflict with legislation in the Netherlands, the court of jurisdiction for commercial transactions, including cheque and currency disputes, shall be the hotel.
4. It apply the swiss law shall apply to this contract.
5. Should individual provisions of these General Terms and Conditions for Hotel Accommodation prove inoperable or are or become null and void, the effectiveness of the other provisions shall remain unaffected. For the rest, legal regulations shall apply.