General Business Terms and Conditions Lazy Finca Son Valls
1 SCOPE OF APPLICATION
1.1 These Terms and Conditions of Business apply to contracts for the rental of hotel rooms for lodging purposes as well as all other services and supplies provided by the hotel to the customer in this context (hotel accommodation contract). The term “hotel accommodation agreement” includes and replaces the following terms: Accommodation, guest accommodation, hotel, hotel room contract.
1.2 Subletting or subletting of the rooms provided as well as their use for purposes other than lodging shall require the prior consent of the Hotel in text form, whereby § 540 paragraph 1 sentence 2 BGB (German Civil Code) shall be waived, unless the customer is a consumer within the meaning of § 13 BGB.
1.3 The customer’s General Terms and Conditions of Business shall only apply if this has been expressly agreed in writing beforehand.
2 CONCLUSION OF CONTRACT, CONTRACT PARTNER, LIMITATION PERIOD
2.1 The contracting parties are the hotel and the customer. The contract comes into effect upon acceptance of the customer’s application by the hotel. The Hotel is free to confirm the room reservation in text form.
2.2 All claims against the Hotel are generally statute-barred one year after the statutory limitation period begins. This shall not apply to claims for damages and other claims if the latter are based on a wilful or grossly negligent breach of duty by the Hotel.
3 SERVICES, PRICES, PAYMENT, SET-OFF
The deposit is 20% of the total amount and will be charged to the customer’s credit card. The balance of 80% of the total amount will be charged to the credit card indicated 30 days before arrival. In case of a short-term booking 30 days before arrival, 100% of the total amount will be charged to the credit card indicated.
3.1 The Hotel is obliged to keep the rooms booked by the Customer ready and to provide the agreed services.
3.2 The customer is obligated to pay the agreed or applicable prices of the Hotel for the provision of the room and the additional services used by the customer. This shall also apply to services ordered by the customer directly or through the Hotel, which are provided by third parties and are paid for by the Hotel.
3.3 The agreed prices include the taxes and local charges applicable at the time the contract is concluded. They do not include local taxes and local charges that are owed by the Guest himself/herself under the relevant municipal law, such as visitors’ tax.
In the event of a change in the statutory value-added tax or the introduction, amendment or abolition of local levies on the object of performance after conclusion of the contract, the prices shall be adjusted accordingly. For contracts with consumers, this only applies if the period between conclusion of the contract and fulfilment of the contract exceeds four months.
3.4 The Hotel may make its consent to a subsequent reduction in the number of rooms booked, the services of the Hotel or the length of the customer’s stay requested by the customer conditional upon a reasonable increase in the price of the rooms and/or other services of the Hotel.
3.5 Invoices of the Hotel are due for payment without deduction immediately upon receipt. If payment on account has been agreed, payment shall be made – unless otherwise agreed – within ten days of receipt of the invoice without deduction.
3.6 Upon conclusion of the contract, the Hotel is entitled to demand a reasonable advance payment or security deposit from the customer, for example in the form of a credit card guarantee. The amount of the advance payment and the payment deadlines may be agreed in the contract in text form. In the case of advance payments or securities for package tours, the statutory provisions shall remain unaffected. In case of default of payment by the customer, the statutory provisions shall apply.
3.7 In justified cases, e.g. if the customer is in arrears with payments or if the scope of the contract is extended, the hotel is entitled, even after conclusion of the contract and up to the start of the stay, to demand an advance payment or security deposit within the meaning of the above clause 3.6 or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
3.8 The Hotel is further entitled to demand from the Customer, at the beginning of and during the stay, a reasonable advance payment or security deposit within the meaning of the above Clause 3.6 for existing and future claims arising from the contract, unless such payment or security deposit has already been made in accordance with the above Clause 3.6 and/or Clause 3.7.
3.9 The customer may only offset or set off an undisputed or legally binding claim against a claim of the Hotel.
3.10 The customer agrees that the invoice may be sent to him/her by electronic means.
4 WITHDRAWAL OF THE CUSTOMER (CANCELLATION, RESCISSION)/
NON-USE OF THE SERVICES OF THE HOTEL (NO SHOW)
4.1 The customer may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, a statutory right of withdrawal exists or if the hotel expressly consents to the cancellation of the contract.
4.2 If a right of rescission has not been agreed upon or has already expired, there is also no statutory right of rescission or termination, and if the Hotel does not agree to rescind the contract, the Hotel shall retain the claim to the agreed remuneration despite not using the service.
In the event of cancellation, we shall charge a flat-rate compensation, which is calculated according to the following percentages per person of the travel price or partial service:
– until 31st day before departure: 20%.
– from the 30th to the 7th day before the start of the trip: 50%.
– from the 06st day and if you do not start the journey: 100%
5 WITHDRAWAL OF THE HOTEL
5.1 Insofar as it has been agreed that the customer may withdraw from the contract free of charge within a certain period, the Hotel is entitled for its part to withdraw from the contract during this period if there are inquiries from other customers regarding the contractually booked rooms and the customer does not waive his right to withdraw at the Hotel’s request with a reasonable period of notice. This shall apply mutatis mutandis if an option is granted, if other inquiries exist and the customer is not prepared to make a firm booking upon inquiry by the hotel with a reasonable period of notice.
5.2 If an advance payment or security deposit agreed upon or requested in accordance with Clause 3.6 and/or Clause 3.7 is not made even after a reasonable grace period set by the Hotel has expired, the Hotel shall also be entitled to rescind the contract.
5.3 Furthermore, the Hotel shall be entitled to extraordinary rescission of the contract for objectively justified reasons, in particular if
– force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract;
– rooms or spaces are culpably booked with misleading or false information or with concealment of material facts; the identity of the customer, solvency or the purpose of the stay may be material in this regard;
– the hotel has reasonable cause to believe that the use of the service may jeopardize the smooth operation, safety or public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organization;
– the purpose or occasion of the stay is unlawful;
– there is a violation of the above-mentioned clause 1.2.
5.4 The justified rescission of the contract by the Hotel shall not give rise to any claim by the customer for damages.
6 ROOM PROVISION, HANDOVER AND RETURN
6.1 The customer does not acquire any claim to the provision of specific rooms unless this has been expressly agreed in writing.
6.2 Booked rooms are available to the customer from 14:00 hours on the agreed day of arrival. The customer has no right to earlier availability.
6.3 On the agreed day of departure the rooms shall be vacated and made available to the Hotel no later than 11:00 a.m. After that time, the Hotel may charge 50% of the full accommodation price (price as per price list) for use of the room beyond the agreed time of arrival until 6:00 p.m. due to the late vacating of the room.
7 LIABILITY OF THE HOTEL
7.1 The Hotel for damage caused by a wilful or grossly negligent breach of duty by the Hotel or by a wilful or negligent breach of typical contractual obligations by the Hotel. Typical contractual obligations are those obligations that make the proper performance of the contract possible in the first place and on whose fulfillment the customer relies and may rely. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise provided for in this Clause 7. Should disruptions or defects in the hotel’s services occur, the hotel will endeavor to remedy such upon knowledge thereof or upon the customer’s immediate complaint. The customer is obligated to make all reasonable efforts to remedy the disruption and minimize any possible damage.
7.2 The Hotel shall not be liable for items brought in. If the customer wishes to deposit money, securities, valuables and other items with a value of more than EUR 800, this requires a separate storage agreement with the Hotel.
7.3 Insofar as the customer is provided with a parking space on the Hotel parking lot, this shall not constitute a safekeeping agreement. The Hotel shall not be liable for loss of or damage to motor vehicles parked or manoeuvred on the Hotel’s property or their contents.
8 FINAL PROVISIONS
8.1 Amendments and supplements to the contract, the acceptance of applications or these General Terms and Conditions of Business should be made in text form. Unilateral amendments or supplements are invalid.
8.2 Place of performance and payment as well as exclusive place of jurisdiction – also for disputes concerning cheques and bills of exchange – in commercial transactions is the Lazy Finca Son Valls in 07200 Felanitx, Islas Baleares.
8.3 Spanish law applies. The application of the UN Sales Convention is excluded.
8.4 In accordance with its legal obligations, the Hotel draws attention to the fact that the European Union has set up an online platform for the extrajudicial settlement of consumer disputes (“OS Platform”): http://ec.europa.eu/consumers/odr/
However, the hotel does not take part in dispute resolution procedures before consumer arbitration boards.
5 REVOCATION BY THE HOTEL
5.1 If it has been agreed that the customer may revoke the contract free of charge within a certain period, then the hotel has, for its part, the right to revoke the contract within this period if inquiries are made by other customers relating to the contractually reserved rooms and if the customer does not waive its revocation right after an inquiry is made and a reasonable period of time set by the hotel. This shall apply accordingly if the customer has been granted an option and other inquiries are made and the customer is not prepared to make a firm booking after the hotel makes an inquiry and sets an appropriate time period. In the case of cancellation, we charge a compensation, which is calculated according to the following percentages per person of the tour price or partial service:
- until 31st day before departure: 20%.
- from the 30th to the 23rd day before departure: 25%.
- from the 22nd to the 16th day before departure: 35%.
- from the 15th to the 09th day before departure: 50%.
- from 08th to 03rd day before departure: 70%.
- from the 02nd day and in case of non-arrival: 90%.
The hotel also has the right to revoke the contract if an advance payment or security agreed or required in accordance with subsection 3.6 and/or subsection 3.7 has not been paid after an appropriate period of grace set by the hotel has expired.
5.2 Further, the hotel has the right, for an objectively legitimate reason, to revoke the contract for extraordinary grounds, in particular in the event of
- force majeure or other circumstances for which the hotel is not responsible, which render performance of the contract impossible;
- rooms being reserved by culpably providing material facts that are wrong or misleading or by failing to provide material facts; in this context the term material can mean the identity of the customer, the customer’s ability to pay or the purpose of the residence;
- the hotel having reasonable grounds to assume that the use of the service can jeopardize the smooth running of the business, the safety or public reputation of the hotel without this being attributable to the area of responsibility or organization of the hotel;
- the purpose of or the reason for the stay being in violation of the law;
- a breach of subsection 2.
5.3 Revocation by the hotel that is justified does not give the customer the right to claim damages.
6 MAKING THE ROOM AVAILABLE, HANDOVER AND RETURN
6.1 The customer does not acquire a right to the provision of specific rooms unless this has been explicitly agreed in text form.
6.2 The reserved rooms shall be available for use by the customer with effect from 15:00 hours on the agreed date of arrival. The customer has no right to earlier availability.
6.3 The rooms shall be vacated and available for use by the hotel by 12:00 noon at the latest on the agreed departure date. After this time, as the room was vacated late, the hotel has the right to charge for the room use exceeding that which was contractually agreed in an amount of 50% of the full accommodation price up until 18:00 hours and in an amount of 90% after 18:00 hours (price as per price list). This does not give rise to contractual rights of the customer. The customer is at liberty to demonstrate that the hotel did not acquire a claim for compensation for use or acquired a significantly lower claim.
7 LIABILITY OF THE HOTEL
7.1 The hotel is liable for damage which it is accountable for resulting from injury to life, body or health. It is further liable for other damage which is based on an intentional or grossly-negligent breach of duty of the hotel or on an intentional or negligent breach of duties of the hotel typical of the type of contract [vertragstypischen Pflichten]. Duties typical of the type of contract are those duties which enable the proper execution of the contract altogether and which the customer relies on being performed and is able to rely on being performed. A breach of duty of a statutory representative or person engaged in performance of an obligation of the hotel [Erfüllungsgehilfe] is equivalent to a breach of duty of the hotel. More far-reaching claims for damages are excluded unless otherwise provided for in this Section If there should be any disruptions or deficiencies in the services of the hotel, the hotel shall endeavor to remedy this when it has knowledge thereof or upon a complaint being made without undue delay by the customer. The customer is obliged to contribute what it can be reasonably expected to contribute in order to remedy the disruption and minimize possible damage.
7.2 The hotel is liable to the customer in accordance with the provisions of statute for items brought with the customer. The hotel recommends the use of the hotel safe. If the customer wishes to bring with him or her money, securities or valuables valued at over Euro 800 a separate safekeeping agreement must be entered into with the hotel.
7.3 If the customer is provided with a parking space in the hotel parking lot, even if this is for payment, a custody contract is not concluded as a result. If cars parked or driven on the hotel premises or the contents thereof are lost or damaged, the hotel is not responsible.
8 FINAL PROVISIONS
8.1 Alterations and supplements to the contract, to acceptance of the application and to these General Business Terms and Conditions shall be made in text form. Unilateral changes or supplements are ineffective.
8.2 The place of performance and payment shall be Lazy Finca Son Valls, 07200 Felanitx, Islas Baleares shall have exclusive jurisdiction over commercial transactions – also over disputes relating to cheques and bills of exchange.
8.3 Spanish law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
8.4 In compliance with its statutory obligation the hotel points out that the European Union has set up an online platform for the extrajudicial resolution of consumer disputes (“ODR platform”): http://ec.europa. eu/consumers/odr/
The hotel does not, however, participate in dispute resolution proceedings held before consumer dispute resolution bodies.