General Terms and Conditions of the Embrace Hotel Accommodation Contract
I. Scope of Applicability
- These terms and conditions apply for the Hotel Accommodation contracts as well as all other services and supplies rendered to the Guests by the Embrace Hotel.
- The customer’s general terms and conditions only apply if this is previously expressly agreed upon.
II. Conclusion of Contract, Duty of Notification
- Upon the Guest’s request for a reservation, a hotel accommodation contract comes into existence upon Embrace Hotels corresponding confirmation of the reservation (hereinafter referred to as “Contract”) between the Embrace Hotel and the Guest.
- Contractual Partners are the Embrace Hotel and the Guest. If a third party has made the reservation on behalf of the Guest, this party shall be liable to the Embrace Hotel jointly and severally together with the Guest for all obligations arising from the Contract if the Hotel has been submitted a corresponding declaration given by the Ordering Party. Independent of this, any Ordering Party is obliged to pass on all booking-related information to the Guest, in particular, the present General Terms and Conditions.
- The Contract shall come into force upon Embrace Hotels acceptance of the customer’s application. At its discretion, Embrace Hotel may confirm the room reservation in and email or test form.
- The customer must inform Embrace Hotel without being asked, at the latest upon conclusion of the contract, if the customer’s use of the hotel service/s is likely to endanger the smooth operation of the hotel, the security or the reputation of Embrace Hotel in the public eye.
III. Services, Prices, Payment, Set-Off
- The Hotel is obliged to have the booked rooms available according to the present General Terms and to render the services agreed.
- The Guest is obligated to pay the price applying to or agreed on for the provision of accommodation and additional services he/she has used. This also applies to services and expenses which are incurred to the Embrace Hotel by the Guest or the Ordering Party.
- The Embrace Hotel reserves the right to increase the agreed prices by the amount by which the applicable VAT or local taxes and levies have increased or by the amount equal to the new local taxes and levies.
- Embrace Hotel allows children up to 6 years of age to stay for free using the existing bedding. Baby cribs are complimentary upon request and subject to availability. Individuals above the age of 12 are considered adults by the Embrace Hotel.
- Embrace Hotel may make its consent to a reduction in the number of booked rooms, the service of the Hotel or the duration of the Guests’ stay conditional on an increase in the price for the rooms and/or for the other services of the Hotel.
- Upon receipt, invoices issued by the Embrace Hotel shall become due for payment immediately, without deduction. The Embrace Hotel may at any time request the Guest to pay claims due for payment without undue delay. The Guest shall be in default at the latest upon failure to pay within 30 days after the due date and receipt of an invoice. This shall apply to a Guest who is consumer only if these consequences have been specified in the invoice.
- For each reminder sent after default occurs, the Embrace Hotel may charge a reminder fee in the amount of 5 €. and a daily default fee of 5€
- Embrace is entitled to request from the Contractual Partner, on the conclusion of the Contract, a reasonable advance payment or security, in the form of a credit card guarantee, down payment or similar. The amount of the advance payment and payment dates may be agreed in the Contract in text or email form.
- In the case or group bookings 4 rooms or more full payment is required at the time of booking. cancellation can only be made 2 calendar months prior to arrival. Any cancellation after this time will incur the following charges. 2 Months 25% of the total cost is none refundable. 1 month 50% of the total cost is none refundable. Less than 1 calendar month 100% of the total cost is none refundable.
- In the case of groups who book all rooms full payment is required at time of booking and cancellation can only be made 4 calendar months prior to arrival. Any cancellation after this time will incur the following charges. 4 Months 50% of the total cost is none refundable. 3 months 75% of the total cost is none refundable. 2 months 90% of the total cost is none refundable. Less than 2 calendar moths 100% of the total cost is none refundable.
- In justified cases, e.g. payment arrears of the Guest or expansion of the contractual scope, Embrace is entitled to request, also after conclusion of the contract up to the commencement of the stay, an advance payment or furnishing of security within the meaning of clause 6 above or the increase in the advance payment or security agreed in the Contract up to the full agreed remuneration.
- The Guest shall be entitled to set-off a claim of the Hotel only with unappealable and final res judicata effect.
IV. Withdrawal of the Guest (Cancellation, Annulment)/Failure to Use Hotel Services (No Show)
- The Hotel grants to the Guest the right to rescind the contract at any time subject to the following conditions:
- The guest rescinds the booking; the Hotel shall be entitled to reasonable compensations.
- Embrace is entitled to the contractually agreed rate even if the rooms are not used, if a contractual right of withdrawal was not agreed or has expired, a statutory right of withdrawal or cancellation is not given and Embrace does not give its consent to the cancellation of the contract. Embrace must credit the income from renting the rooms to the other parties as well as for saved expenses. If the rooms are not rented otherwise, Embrace can demand the contractually agreed rate and assess a lump sum for the saved expenses. In this case, the guest is obligated to pay 100% of the contractually agreed rate overnight accommodation with or without breakfast, as well as all-inclusive arrangements with contracted external service, 75% of the contractually agreed price for overnight accommodation with half-board and 50% of the contractually agreed price for overnight accommodation with room and full-board arrangements. The guest is at liberty to show, that the above-mentioned claim has not arisen at all or has not amounted to the demanded sum.
V. Cancellation by Embrace
- Insofar as it was agreed that the customer can withdraw from the contract at no cost up to a specific date, Embrace is entitled to its part to withdraw from the contract all or in part up to this specific date if inquiries from other customers regarding the contractually reserved rooms exist and the Guest, upon inquiry thereof by Embrace with a reasonable deadline set, does not waive his right of withdrawal. The same applies to the granting of an option if other inquiries exist and the customer is if requested by Embrace with a reasonable deadline set, not prepared to make a fixed booking.
- Moreover, Embrace is entitled to effect extraordinary withdrawal from the contract for a materially justifiable cause, in particular, if force majeure or other circumstances beyond Embrace’s control render the fulfillment of the contract impossible;
- misleading or incorrect statements of material facts have been used in booking rooms, for example with respect to the identity of the Guest o the purpose;
- Embrace has justified cause to believe that use of the hotel’s services might jeopardize the smooth operation of Embrace, its security or public reputation, without being attributable to Embrace’s sphere of control or organization;
- the purpose or the cause of the stay is illegal;
- there is a breach of clause I. No. 2 supra;
- agreed advance payment or an advance payment or security demanded is not made even after a reasonable grace period set by Embrace has expired.
- The following items are not permitted on the Hotel premises: animals of any kind, except guide dogs, flammable, explosive or otherwise hazardous materials, objects emitting a foul odor, unregistered firearms or other weapons, objects of an unusually large size or in unusually large quantities, articles related to using gambling, prostitution, smuggling or other illicit acts or illegal drugs or other articles, the possession of which is prohibited by the law.
- Embrace is entitled to stop or cancel interviews and sales or similar events that have not been approved.
- The justified withdrawal by Embrace does not constitute any claims for damages for the customer.
- If in case of withdrawal according to No. 2 supra, Embrace has a claim for damages, Embrace may charge a lump sum for the claim. In this case, clause IV No. 3, sentences 2 to 5 apply accordingly.
VI. Arrival and departure
- The Guest is not entitled to the provision of specific rooms unless the Hotel has confirmed the provision of specific rooms in text or email form.
- Guests must be 18 years or older with photo identification to check-in. Guests under the age of 18 must be accompanied by an adult. The hotel reserves the right to check photo identification.
- Unless an earlier time of arrival has been expressly agreed upon, reserved rooms are available to the customer starting at 2 p.m. on the agreed arrival date. Unless a later time of arrival has been expressly agreed upon or the respective room has been paid in advance, Embrace is entitled to let the booked room to another party after 6 p.m. without the customer being able to derive a claim against Embrace from this fact. There is no obligation to let the room to another person.
- Rooms must be vacated and made available to Embrace no later than 12 noon on the agreed departure date. If the Guest wishes to exceed this point of time, a longer availability can be agreed upon beforehand by paying a time-related charge, subject to vacancy.
- If the Guest uses the room after 12 noon without concluding an explicit agreement with Embrace prior to this, Embrace may charge 50 percent of the full accommodation rate (list price) for the additional use of the room until 6 p.m. (but not less than the amount according to No. 3 supra), after 6 p.m. at least 90 percent. The Guest is at liberty to prove that Embrace has no or a much lower claim for charges for use of the room.
VII. Liability of Embrace
- In the event of any disruption to or defects in the services of the hotel, the hotel shall endeavor to remedy the same as notified by the Guest without undue delay. If the Guest culpably fails to notify the Hotel of a defect, this shall not establish the right to reduce the contractually agreed remuneration.
- Subject to the statutory provisions, the hotel shall be liable for all damage arising from injury of life, limb, and health as well as in the case of a guarantee given by the Hotel and for malicious non-disclosure of defects.
- For all other damage not covered by VII clause 2 and caused by slight negligence on the part of the Hotel, its legal representatives or its agents, the Hotel shall be liable only if such damage is attributable to a typical contractual obligation. In these cases, liability shall be limited to the damage typically foreseeable for this contract type.
- The foregoing limitations of liability shall apply to all damage claims, irrespective of their legal ground, including claims in tort. The foregoing limitations and exclusions of liability shall also apply to any claims for damages of a Guest against employees or agents of the Hotel. They shall not apply in the cases of liability for a defect if a guarantee fo the quality of an object or work has been given or in cases of fraudulently concealed defects or injury to persons.
- Embrace is liable to the Guests for property brought into the hotel in accordance with the statutory provisions. It recommends the use of the hotel or room safe. If the Guest wishes to bring with him money, securities, stocks, bonds or valuables with a value of more than 800 € or other things with a value of more than 3,500 €. The hotel recommends depositing items in the room safe or the central hotel safe.
- Items that the customer has left behind are only forwarded at the customer’s request, risk and costs. Embrace keeps such items for three months after which time they are, as far as they have any value, handed over to the local lost property office. If the local lost property office is not willing to take-over the items, they will be kept for a further nine months and after that time disposed of or destroyed. With regard to Embrace’s liability, No.1, sentences 1 to 5 supra shall apply respectively.
- Wake-up services shall be performed by the Hotel with the utmost care. Claims for damages shall be excluded except in cases of gross negligence or intent.
VIII. Final Provisions
- Changes or amendments to the Contract, in acceptance of the offer or to these General Terms and Conditions for the Hotel Accommodation Contract, shall be made in email or text form. Any unilateral changes or modifications on the part of the Guest shall be invalid.
- Place of performance and payment is the location of the respective Embrace hotel.
- Embrace does not take part in mediation on dispute regulation bodies for Guests.
- Should individual provisions of these General Terms and Conditions for Hotel Accommodation Contracts be or become invalid or void, the validity of the remaining provisions shall remain unaffected thereby. The statutory provisions shall also be applicable.