General Terms and Conditions for Hotel Accomodation Contracts .
HOTEL VOILA-CONSTANTA
I. Scope of applicability
1) These terms and conditions govern 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 customers .
2) The prior written consent of the hotel is required if rooms provided are to be sub-let or rented on to other parties or used for purposes other than lodging purposes.
3) The customer's general terms and conditions shall apply only if these are previously expressly agreed in writing .
II. Contract conclusion ,Parties ,Liability,Statute of Limitations
1) The contract is made when the hotel accepts the customer's application .At its own discretion,
the hotel may confirm the room reservation in writing .
2) The contractual parties are the hotel and the customer.If a third party should place the order on behalf of the customer ,then that party together with the customer shall be liable vis-a-vis the hotel for all obligations arising from the Hotel Accomodation Contract.
3) The hotel shall be liable for its obligations taken from the contract. In non-typical areas of services ,its liability is limited to cases of intent and gross negligence.
4) Any claims by the customer against the hotel must be lodged within six months .Claims after this time period shall not apply.
5) This limitation of liability and brief limitation period apply in favour of the hotel even in the case of violation of obligations leading up to the contract and positive violation of the contract.
III.Services ,prices ,payment ,invoicing
1) The hotel is obligated to keep the rooms reserved by the customer available and to provide the agreed services .
2) The customer is obligated to pay the applicable or agreed rates of the hotel for the rooms provided and for any further services provided to the customer by the hotel.This also applies to hotel services and outlays to a third party which are induced by the customer.
3) The agreed rates include the applicable value-added tax (VAT) as required by law.If the period between the contract conclusions and the contract fulfilment exceed 4 months ,and if the rate generally charged for such services increases ,then the hotel may raise the contractually agreed prices ,but by no more than 10%.
4) In addition ,the rates can be changed by the hotel ,if the customer subsequently wishes to make changes to the number of rooms booked ,the hotel services or the length of stay ,and the hotel consents to such changes .
5) Hotel invoices not showing a due date of payment are payable in full within ten days of receipt.The hotel is entitled to call in the amounts accrued at any time and to demand immediate payment .In the case of delayed payment ,the hotel is entitled to charge interest at a rate of 5% above the current basic interest rate .
6) The hotel is entitled to require a reasonable advance payment or security deposit upon conclusion of the contract or subsequently under observation of the legal conditions for package tours. The amount of advance payment and the payment dates may be agreed in writing in the contract.If the guest has paid an advance payment ,however,the room(s) remain(s)reserved until 24.00 hours the arrival day at the latest.
IV. Withdrawal by the customer (cancellation),Failure to Use Hotel Services (No Show)
1) Withdrawal or/and cancellation by the customer from the contract concluded with the hotel requires the written consent of the hotel.If this is not provided ,then the agreed rate from the contract must be paid even if the customer does not avail himself of the contractual services . This does not apply in cases of delayed service by the hotel or in cases when it is impossible to provide services, at the fault of the hotel.
2) Insofar as the hotel and customer have agreed a date of withdrawal from the contract in writing,the customer can then withdraw from the contract ,without incurring payment or damage claims from the hotel .The customer's right to withdraw from the contract expires if he does not exercise his right to withdraw in writing to the hotel before the agreed date ,in the date that this is not a case of service delay by the hotel or a case when it is impossible to provide services at the fault of the hotel .
3) To the extent the hotel and customer agreed in writing upon a date for a cost-free cancellation of the contract., the customer may cancel the contract up to that date without incurring payment or damage compensation claims by the hotel.The customer's right of cancellation shall expire if he does not exercise his cancellation right in writing vis-a -vis the hotel by the agreed date.
V. Withdrawal by the hotel
1) Insofar as a right to withdraw by the customer within a certain time limit has been agreed, the hotel is also entitled to withdraw from the contract if there are inquiries by other customers regarding the contractually reserved rooms and the customer does not waive his right to withdraw when asked by the hotel.
2) If an agreed advance payment is not made even after a reasonable grace period set by the hotel with warning of cancellation,then the hotel is entitled to withdraw from and cancel the contract.
3) Moreover ,the hotel is entitled to effect extraordinary cancellation of the contract for a materially justifiable cause,e.g. If:
• force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract.
• 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 attibutable to the hotel's sphere of control of organization .
VI. Room availability,hand-over and return
1) The customer has no right to the preparation of certain rooms .
2) Reserved rooms are available for the customer from 2.00 p.m. On the agreed day of arrival .The customer has no right to earlier availability.
3) On the agreed day of departure .Rooms must be vacated and made available to the hotel by no later than 12.00 noon.After this time ,the hotel is within its rights to charge 50%of the complete lodging price (listed price) for the damages arising to the hotel through the additional use of the room until 18.00.From 18.00,the hotel is within its right to charge 100% of the amount . In case of dispute,the customer is free to provide proof that the hotel has accrued no or signifantly less damage.An extension of the guest,s stay requires the consent of the accomodation provider.
4) In the case of damages caused by the guest ,the compensation law regulations apply .As a result the guest is liable for all damage and disadvantage suffered by the accomodation provider or third parties due to his/her fault or fault of his/her companion or other persons for whom he is responsible and even when the injured party is entitled to claim compensation directly from the accomodation provider .
VII. Liability of the hotel
1) The hotel is liable for the due care and diligence of a prudent merchant . This liability is limited in non-typical service areas to service defects, damage ,consequential damage and disruptions, which result from intent or gross negligence on the part of the hotel.In the case that disruptions or defects occur in the hotel service,the hotel will endeavour to provide relief upon becoming aware of the problem or upon the customer's immediate notification of the defect .The customer is liable to contribute reasonable assistance in remedying the disruption and minimising any possible damage.
2) Unlimited liability of the hotel is governed by legal conditions.
3) Insofar as a parking space is provided to the customer in the hotel car park, this does not constitute a safekeeping agreement.The hotel accepts no liability for loss or damage to motor vehicles parked or manoeuvred onto hotel property,nor the contents thereof ,except in cases of intent or gross negligence .
4) Wake-up calls are provided by the hotel with the greatest diligence possible.Damage claims are not applicable in these cases,except for gross negligence or intentional acts.
VIII.Final provisions
1) Changes or amendments to the contract ,the acceptance or order of these Terms and Conditions for Hotel Accomodation should be made in writing .One-sided changes or supplements by the customer are not valid.
2) The place of fulfilment and payment is the location of the hotel .
3) In the event of dispute (including bill disputes ),the courts at the location of the hotel have exclusive jurisdiction for commercial traffic.
4) The contract is governed and shall be construed in accordance with the Romanian laws.