AGB – GENERAL CONDITIONS
Pflichtinformation nach der Verordnung (EU) Nr. 524/2013 des Europäischen Parlaments und Rats:
Link zur Homepage der Stelle für die Online-Beilegung verbraucherrechtlicher Streitigkeiten der Europäischen Kommission: http://ec.europa.eu/consumers/odr/ – weiterführende Informationen stehen Ihnen dort voraussichtlich ab dem 15.02.2016 zur Verfügung. Für erste Fragen zu einer möglichen Streitschlichtung stehen wir Ihnen unter firstname.lastname@example.org zur Verfügung.
General Conditions for Hotel accommodation contracts for the Excellence Hotels SA
(only available in english)
- These conditions shall apply to hotel room rental contracts for accommodation and all other customer services provided by the hotel (hereinafter referred to as “the Hotel”).
- The contracting out to third parties or the subletting of rooms, and their use for purposes other than accommodation shall require prior written authorization from the Hotel.
- Within the meaning of these conditions, customers are consumers, companies or commercial undertakings.
II. Contract, contracting parties and time periods
- The contract shall become valid when the Hotel accepts the customer request.
If the Hotel makes the customer a firm offer, the contract shall enter into force as soon as the Hotel?s offer is accepted by the customer without written confirmation of the room reservation by the Hotel being necessary.
- The contracting parties are the Hotel and the customer. If a third party has made a reservation in the customer’s name, the customer and the third party shall be jointly and severally liable with regard to the Hotel for all obligations deriving from the contract, insofar as the customer supplies the Hotel with a declaration in due form to this effect.
- Any claims must be declared to the Hotel by the customer or a third party on their behalf within 6 months under penalty of preclusion as from the time at which they become aware of the liability or breach attributed to the Hotel.
The burden of proof of awareness shall be incumbent upon the customer or the third party.
It is therefore expressly stipulated that the customer or the third party acting on their behalf shall no longer be permitted to make any claim whatsoever against the Hotel after the preclusion period of 6 months.
III. Services, tariffs, payment, late payment
- The Hotel shall make available the rooms reserved by the customer and provide the agreed services.
- The customer shall pay the price agreed with the Hotel to rent the room and for all other services of which they have availed themselves. This shall also apply to services and expenditure which the customer requests that Hotel provide and outlay in respect of third parties.
- The agreed prices shall include tax on turnover at the appropriate legal rate. If the period between the conclusion of the contract and its execution exceeds 4 months, and if the price calculated by the Hotel for its services increases, the price agreed in the contract may also be increased proportionally, without, however, exceeding a maximum of 5%.
- Prices may also be adjusted if the customer wishes to subsequently change the number of rooms reserved, the services requested or the length of guests? stays, and if the Hotel consents thereto.
- Hotel bills that do not indicate a payment date are to be paid in full within 10 calendar days from receipt. The Hotel shall be authorized to claim outstanding payments at any time, and to demand immediate payment thereof. In the event of late payment, the Hotel shall be authorized to claim contractual late payment interest at 8% per month until the Hotel’s claim has been settled in full, without prior formal notice by registered letter being required.
The Hotel will also claim an amount of €5 for all reminders sent in the event of late payment.
The Hotel shall also be entitled to claim fixed compensation as a penalty clause totalling 30% of the amount in principal in arrears. Such compensation may not amount to less than €50. The penalty clause shall be due even if no formal notice has been sent to the customer or the third party by registered letter.
- Where the contract has been concluded in line with the legal provisions governing „package holidays?, the Hotel shall be authorized to demand an appropriate deposit or payment guarantee. The amount of the deposit and payment dates shall be the subject of a written agreement in the contract.
IV. Customer withdrawal (countermand or cancellation) / non-use of Hotel services (no-show)
- The Hotel grants the customer the right to cancel the contract at any time. The following clauses shall then apply:
- If the customer has chosen a reservation that cannot be changed or cancelled, and if they accepted at the time of reservation that the full price of their stay be deducted (from their credit card), that amount shall not be refunded to them.
- If the customer cancels the reservation, the Hotel shall be entitled to appropriate compensation.
The Hotel may choose at its discretion:
- either to deduct a fixed amount rather than calculating the actual loss incurred. The fixed compensation under the penalty clause shall amount in this case to 90% of the price agreed in the contract for overnight stays, with or without breakfast, and 70% of the price agreed in the contract for overnight stays at half board and 60% of the price agreed in the contract for overnight stays at full board;
- or to calculate its actual losses, the maximum amount of compensation being equal to the price agreed in the contract for the services that the Hotel was to provide less the value of costs not incurred by the Hotel as well as the amount received by the Hotel through alternative use of its services;
- The conditions described above shall apply if the customer cancels the room or services that they may have reserved without informing the Hotel at the appropriate time (no-show).
- The Hotel shall not be entitled to claim the compensation stipulated hereinabove if it has granted the customer an option in the contract allowing the customer to terminate the contract within a determined period of time without incurring penalties or other legal consequences. The date at which the Hotel receives notice of cancellation shall be determining in order to appreciate whether the cancellation, or, in the alternative, termination of the contract, have been sent to the Hotel within the agreed period of time. Proof of date of receipt may be provided by any means. The customer must declare their intention to cancel in writing.
V. Withdrawal by the Hotel
- Insofar as the customer?s right to withdraw without being bound to pay compensation within a determined period of time pursuant to Article IV-3 has been subject to written agreement, the Hotel is, on their side, also authorized to withdraw without paying compensation within the same period if it has to deal with requests from other customers for rooms reserved under contract, and if the customer does not waive their right to withdraw when contacted by the Hotel.
- The Hotel shall also be authorized to terminate the contract if the deposit agreed or demanded pursuant to Article III-6. has not been paid, even after the expiry of an appropriate period of grace fixed by the Hotel.
- Furthermore, the Hotel shall be authorized to terminate the contract without paying compensation under exceptional circumstances, if this is justified for well-founded reasons, and especially in cases where:
- a case of force majeure or other circumstances outside the control of the Hotel make execution of the contract impossible;
- rooms are reserved on the basis of a misleading or fallacious description of essential facts (for example concerning the customer or the purpose);
- the Hotel has good reasons to believe that the use of Hotel services might compromise the smooth running of Hotel activities, or the security, safety or reputation of the Hotel in the eyes of the public, which is contrary to the wishes or outside the control of the Hotel organization;
- there is a breach of Article I-2 ;
VI. Preparation, availability and handover of the room
- The customer shall not be entitled to request that specific rooms be prepared for them.
- Rooms that are reserved shall be made available to customers at the earliest at 3 pm on the agreed arrival date. The customer shall not be entitled to request that the rooms be prepared earlier.
- On the planned departure date, rooms must be vacated and made available to the Hotel by 11 am at the latest. If the room is vacated late, the Hotel shall be entitled to bill its use beyond the contractual period – until 6 pm at 50% of the usual daily rate and at 100% as from 6 pm.
In addition, the Hotel reserves the right to establish proof and to bill a higher rate as damages.
VII. The liability of the Hotel
- The Hotel shall be liable for obligations deriving from the contract, and shall be bound to exercise the care that can be expected from an astute and well-established trader. Any claims for damages made by a customer or a third party on their behalf shall not be borne, excluding claims for damages deriving from death, personal injury or health-related claims, if the Hotel has accounted for the breach of their obligations, or for other damages involving negligence or premeditated breach of its duties, or in the alternative negligence or premeditated breach of its contractual obligations.
A breach committed by a representative or legal agent shall be considered to be a breach committed by the Hotel itself. In the event of negligence or failings in the services provided by the Hotel, the Hotel shall do everything in its power to correct the latter if the customer has brought them to its attention or has expressed their objections promptly. The customer shall be bound to make a reasonable effort to rectify any negligence or to minimise any loss or damage, and to bring any negligence or damage to the attention of the Hotel immediately. The customer shall also be bound to inform the Hotel within reasonable time of the likelihood of possible serious damage or loss.
- The customer shall be bound to lock all objects of value brought to the Hotel, whether tangible and/or intangible, in safes made available to them in Hotel rooms. The said customer undertaking shall also cover cash, securities, shares, bonds, investment funds, etc.
The Hotel shall be liable pursuant to common law up to a value of €1,000, under the express condition that the customer has complied with point 2 stipulated above.
Any claims shall be null and void if the customer does not inform the Hotel of any loss, destruction or damage immediately after becoming aware thereof, without prejudice to the stipulations hereinabove in point 1.
- Although the customer may benefit from a parking space in the garage or Hotel car park, this shall not constitute a contract for the safekeeping of the vehicle, even in the event that a price is paid for parking. The Hotel declines any liability for theft, loss or damages caused to vehicles parked on Hotel property or their contents.
This shall also apply to Hotel agents, without prejudice to the stipulations hereinabove in point 1 referring to the Hotel’s wider responsibilities.
- Wake-up calls shall be provided with every attention. Messages, post and the sending of commercial samples for customers shall also be treated with great care.
The Hotel undertakes to pass on or to keep such objects (at the Hotel), or to post them if required, in return for payment. The conditions of 1. phrases 2-5 above shall apply.
VIII. Final clauses
- Any amendment or addition to this contract, to the proposal for acceptance or to these Conditions governing accommodation at the Hotel must be made in writing and countersigned by the Hotel. Any amendment or unilateral addition made by the customer shall be null and void.
- The contract shall be executed and payment made to the Hotel management.
- Contractual relations existing between the parties shall be governed by Luxembourg law. The parties expressly agree to allocate sole jurisdiction to the Courts of the judicial district of Diekirch with respect to any litigation arising from the execution and interpretation of the accommodation contract and its General Conditions.
- If individual clauses of these Hotel accommodation conditions prove to be without effect or are or become null and void, the other clauses shall remain valid and in force. For other matters, legal clauses shall apply.