Terms and Conditions

 

General Terms and Conditions (GTC) of Playa Palmera Beach Resort in Uvero Alto

 

1.       TERMS AND CONDITIONS

1.1

These terms and conditions apply to contracts for the rental of Aparthotel Playa Palmera rooms for accommodation and all rooms for the purpose of overnight stays, as well as any other services and supplies provided by the Aparthotel Playa Palmera to the customer in this context (contract for Aparthotel Playa Palmera services). The services and supplies provided by the Aparthotel Playa Palmera in connection therewith (Aparthotel Playa Palmera accommodation contract). Page The term "hospitality contract" includes and replaces the following terms: Accommodation, guest accommodation contract, Aparthotel Playa Palmera contract, Aparthotel Playa Palmera room contract.

1.2

Any subletting or re-letting of the rooms made available as well as their use for purposes other than accommodation shall require the prior consent of the Aparthotel Playa Palmera in text form. 1.3 The Terms and Conditions of Business of the Customer shall apply in the event that the Customer is not a consumer.

1.3

The customer's terms and conditions shall only apply if they have been expressly agreed in advance.

 

2.       CONCLUSION OF THE CONTRACT, PARTIES TO THE CONTRACT, LIMITATION PERIOD

2.1

The parties to the Contract are the Aparthotel Playa Palmera and the customer. The Contract shall be entered into upon the receipt of the Customer's request by the Aparthotel Playa Palmera. The Aparthotel Playa Palmera is entitled to confirm the reservation of the room by e-mail.

 

3.       SERVICES, PRICES, PAYMENTS, OFFSETS

3.1

The Aparthotel Playa Palmera is obliged to make available the rooms booked by the customer and to provide the agreed services.

3.2

The customer is obliged to pay the agreed or valid prices of the Aparthotel Playa Palmera for the provision of the room and other services used by the customer. This also applies to services ordered by the customer directly or through the Aparthotel Playa Palmera, which are provided by third parties and paid for by the Aparthotel Playa Palmera.

3.3

The agreed prices include local taxes and fees in force at the time of the contract. It does not include local taxes that the guest is obliged to pay in accordance with applicable local law, e.g. tourist tax.

In the event of a change in the statutory value-added tax or the introduction, amendment or abolition of local taxes on the object of the service after the conclusion of the contract, the prices will be adjusted accordingly. In the case of contracts with consumers, this shall only apply if the period between the conclusion and performance of the contract exceeds four months.

3.4

The Aparthotel Playa Palmera may make its consent to a subsequent reduction in the number of booked rooms, Aparthotel Playa Palmera services or length of stay requested by the Customer conditional on an increase in the price of the rooms and/or other Aparthotel Playa Palmera services.

3.5

Invoices issued by the Aparthotel Playa Palmera without a payment term are payable without deduction within ten days of receipt of the invoice. The Aparthotel Playa Palmera may at any time demand immediate payment of due amounts due from the customer. In case of default of payment on the part of the customer, the statutory provisions shall apply. The Aparthotel Playa Palmera reserves the right to prove higher damages.

3.6

The Aparthotel Playa Palmera has the right to demand an adequate advance payment or deposit from the customer at the conclusion of the contract, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed in text form in the contract. The statutory provisions remain unaffected in the case of advance payments or deposits for package tours. In the event of delayed payment by the customer, the statutory provisions shall apply.

3.7

In duly justified cases, e.g. in the event of payment arrears on the part of the Guest or extension of the remuneration, the Aparthotel Playa Palmera shall have the right, even after conclusion of the Agreement and until the commencement of the stay, to demand an advance payment or a deposit as referred to in Clause 3.6. above or to increase the agreed advance payment or deposit to the amount of the full remuneration agreed upon.

3.8

The Aparthotel Playa Palmera shall also have the right to demand from the Client at the beginning and during the stay an appropriate advance payment or deposit within the meaning of Section 3.6 above, on account of existing and future claims under the contract, if such payment has not already been made in accordance with Section 3.6 and/or Section 3.7 above.

3.9

The Customer may set off or offset undisputed or legally enforceable claims against claims of the Aparthotel Playa Palmera.

 

4.       WITHDRAWAL BY THE CUSTOMER (CANCELLATION) / NON-USE OF THE SERVICES OF THE APARTHOTEL PLAYA PALMERA (NO-SHOW)

4.1

The customer may only withdraw from the contract concluded with the Aparthotel Playa Palmera if the right of withdrawal has been expressly agreed upon in the contract, if there is another statutory right of withdrawal or if the Aparthotel Playa Palmera expressly consents to the withdrawal. The consent to the right of withdrawal and the possible consent to the cancellation of the contract shall be given in text form.

4.2

Insofar as the Aparthotel Playa Palmera and the customer have agreed on a period of cancellation free of charge

4.3

Insofar as the Aparthotel Playa Palmera and the customer have agreed on a deadline to withdraw from the contract free of charge, the customer may withdraw from the contract up to this deadline without the Aparthotel Playa Palmera having to make any claim for payment or damages. The customer's right to withdraw from the contract shall expire if the customer does not exercise this right against the Aparthotel Playa Palmera within the agreed period.

4.4

If the right of cancellation has not been agreed upon or has already lapsed, if the statutory right to cancel or terminate the contract also does not exist and if the Proprietor does not agree to the cancellation, the Proprietor shall retain its claim to the agreed remuneration despite the non-use of the service. The Aparthotel Playa Palmera takes into account the income from renting the rooms to others and the expenses saved. If the rooms are not rented to other persons, the Aparthotel Playa Palmera may make a lump-sum deduction of the saved expenses. In this case, the customer is obliged to pay at least 90% of the price agreed in the contract for accommodation with or without breakfast, as well as for a package with services of third parties, 70% for accommodation with partial board and 60% for accommodation with full board. The customer may prove that the aforementioned claim has not arisen or has not arisen in the amount claimed

 

5.       RESCISSION OF THE CONTRACT BY THE PROPRIETOR

5.1

If it has been agreed that the customer may withdraw from the contract without any charge within a certain period of time, the Aparthotel Playa Palmera, for its part, shall be entitled to withdraw from the contract within this period if the rooms reserved by the contract are requested by other customers and the customer does not waive his/her right to withdraw from the contract upon receipt of the Aparthotel Playa Palmera's request within a reasonable period of time.

5.2

If the down payment or deposit agreed or required pursuant to Clause 3.6 and/or Clause 3.7 is not paid even after a reasonable period of grace set by the Aparthotel Playa Palmera, the Aparthotel Playa Palmera shall also have the right to cancel the contract.

5.3

Furthermore, the Proprietor may cancel the Contract in an extraordinary case for objectively justified reasons, in particular if

- Force majeure or other circumstances for which the Proprietor is not responsible make the fulfilment of the Contract impossible;

- the room or rooms are reserved culpably with misleading or false information or withholding of material facts; the material facts may relate to the customer's identity, his/her inability to pay or the purpose of the stay

- the Aparthotel Playa Palmera has reasonable grounds to believe that the use of the service may jeopardize the efficient operation of the business or the safety or reputation of the Aparthotel Playa Palmera in the public place, and this is not attributable to the Aparthotel Playa Palmera's sphere of control or organization;

- the purpose or occasion of the stay is unlawful;

- there is a breach of clause 1.2 above.

5.4

The justified withdrawal of the Aparthotel Playa Palmera does not entitle the customer to compensation.

 

6.       PROVISION, HANDOVER AND RETURN OF PREMISES

6.1

The customer is not entitled to the provision of specific rooms unless this has been expressly agreed.

6.2

The booked rooms are available to the customer from 15:00 on the agreed arrival date. The customer is not entitled to earlier availability.

6.3

On the agreed day of departure, the rooms must be vacated and made available to the Aparthotel Playa Palmera by 12:00 p.m. at the latest. Thereafter, the Aparthotel Playa Palmera may charge 50% of the full accommodation price (list price) for late departure if the room is used beyond the contract until 6:00 p.m. and 90% from 6:00 p.m. Contractual claims of the customer are not justified on this account. The customer is entitled to prove that the Aparthotel Playa Palmera has not incurred any or significantly lower claims for the usage fee

 

7.       APARTHOTEL PLAYA PALMERA'S LIABILITY

7.1

The Aparthotel Playa Palmera shall be liable for damages for which it is responsible resulting from injury to life, body or health. Furthermore, the Aparthotel Playa Palmera shall be liable for other damages resulting from intentional or grossly negligent breach of duty by the Aparthotel Playa Palmera or from intentional or negligent breach of contractual duties on the part of the Aparthotel Playa Palmera. The Aparthotel Playa Palmera's breach of duty shall be deemed equivalent to the breach of duty by the legal representative or vicarious agents. Further claims for damages are excluded unless otherwise stated in this clause 7. In the event of disruptions or defects in the Aparthotel Playa Palmera services, the Aparthotel Playa Palmera will endeavor to rectify them upon knowledge of them or upon immediate complaint by the customer. The customer is obliged to make a reasonable contribution to rectify the disruption and minimize any damage.

7.2

The Aparthotel Playa Palmera is liable to the customer for items brought onto the Aparthotel Playa Palmera premises in accordance with the law. The Aparthotel Playa Palmera recommends the use of a Aparthotel Playa Palmera or room safe. If the guest wishes to bring money, securities and valuables worth more than 800 Euros or other items worth more than 3,500 Euros, this requires a separate storage agreement with the Aparthotel Playa Palmera.

7.3

The provision of a parking space in the Aparthotel Playa Palmera garage or in the Aparthotel Playa Palmera parking lot to the Customer, even for a fee, shall not constitute a storage agreement. In the event of loss of or damage to motor vehicles parked or manoeuvred on the Aparthotel Playa Palmera premises and their contents, the Aparthotel Playa Palmera shall only be liable in accordance with the provisions of clause 7.1, sentences 1-4 above.

7.4

The Aparthotel Playa Palmera shall perform guest wake-up calls with the utmost care.

Messages, mail and parcels intended for guests must be handled with care. The Aparthotel Playa Palmera is responsible for delivering, storing and, if requested, sending these items for a fee. The Aparthotel Playa Palmera shall only be liable in this respect in accordance with the provisions of clause 7.1 sentences 1 to 4 above.

 

8.       FINAL CLAUSES

8.1

Amendments and supplements to the contract, acceptance of the application or these General Terms and Conditions shall be made in text form. Unilateral changes or additions made by the customer shall be invalid.

8.2

German law shall apply. The application of the United Nations Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.

8.3

Should individual provisions of these General Terms and Conditions be or become invalid or ineffective, this shall not affect the validity of the remaining provisions.

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