TERMS & CONDITIONS
SMARTY Hotels | Boardinghouses
Policies for Hotel Accomodation contracts at SMARTY Hotels | Boardinghouses.
These terms and conditions apply to contracts for the rental of hotel rooms for lodging, and all other services rendered to the customer provided by the hotel.
The subletting or letting of rooms and their use for purposes other than accommodation require the prior written consent of the hotel, with § 540 para 1 sentence 2 BGB is waived if the customer is a consumer.
Customers Terms and Conditions apply only if these are previously expressly agreed in writing.
Conclusion of contract, contractors, limitation
The contract is through the adoption of the customer’s application by the hotel. The hotel is free to confirm the room reservation in writing.
Contracting parties are the hotel and the customer. If a third party placed the order, he is liable to the hotel together with the customer and severally liable for all obligations from the hotel accommodation contract if the hotel has a corresponding explanation of the third.
All claims against the hotel shall lapse one year from the commencement of the statute of limitations of § 199 para 1 BGB. Damage claims shall be independent of knowledge in five years. The limitation periods do not apply to claims based on intentional or grossly negligent breach of obligation.
Services, prices, payment, settlement
The hotel is obligated to keep the booked rooms and to provide the agreed services, or provide replacement available.
The customer is obligated to pay the applicable or agreed to pay him in any other services applicable or agreed hotel prices. This also applies to the client to services and expenses of the hotel to others.
The agreed prices include applicable VAT. If the period between conclusions of the contract exceeds four months and if the rate generally charged for such services, this can increase the contractually agreed price accordingly, raise a maximum of 5%.
The prices can be changed by the hotel if the customer later changes in the number of reserved rooms and / or guests, the hotel’s services or the duration of the guests and the hotel agrees.
Hotel bills without a due date are payable within 7 days from the invoice date. The hotel is entitled to make accumulating accounts receivable at any time and to require immediate payment. If payment is delayed, the hotel is entitled to charge the statutory interest at 8% of currently or in legal transactions, in which a consumer is, in the amount of 5% above the base rate. The hotel reserves the right to prove greater damage.
The hotel is right in the contract or thereafter, to require consideration of legal provisions for package tours, a reasonable advance payment or security. The amount of advance payment and payment dates may be agreed in the contract.
The customer may only offset or reduce an indisputable and legally valid claim against a claim by the hotel.
The hotel reserves the right to make pre-authentication of credit cards prior to arrival for hotel bookings. The pre-authorized amount will be released within seven to 14 days after check-out, depending on the credit card issuing bank. This depends on your bank and can not be influenced by the hotel.
Please note that a valid credit card must be provided at the moment of reservation, otherwise the reservation will be cancelled immediately.
Repudiation by customer (cancellation, annulment) and failure to use hotel services
Cancellation by the customer from the contract concluded with the hotel requires the written consent of the hotel. If not given, then the price agreed in the contract must be paid even if the customer does not avail himself of contractual services. This does not apply to infringements of the obligation of the hotel to take into account the rights, legal rights and interests of the customer, if holding to the contract is no longer reasonable or another statutory or contractual cancellation right.
Provided between the hotel and a date for free withdrawal from the contract was agreed to in writing, may withdraw from the contract, the customer until then, without payment or compensation claims by the hotel. The customer’s right of rescission expires if he does not exercise his right on the agreed date for withdrawal in writing to the hotel status, provided there is not a case of resignation of the customers referred to in paragraph 1 sentence 3.
The hotel is at liberty to demand the contractually agreed compensation and to flat-rate deduction for saved expenses. The customer is obligated in this case the contract price to pay for lodging with or without breakfast. The customer is free to prove that the claim mentioned above was not created or not in the required amount.
Repudiation by hotel
If a cost-free cancellation rights the customer within a certain period was agreed upon, the hotel is in this period also entitled to rescind the contract if there are inquiries from other customers regarding the contractually reserved rooms and the customer when asked by the hotels on his right of withdrawal is not waived.
If an agreed advance payment or not in accordance with Clause III, No. 6 demanded payment even after a reasonable grace period set by the hotel, the hotel is entitled to rescind the contract.
Moreover, the hotel is entitled to effect extraordinary cancellation of the contract for materially justifiable cause, e.g, if force majeure or other circumstances beyond the hotel is not the fulfillment of the contract impossible; Rooms are reserved with misleading or false statements of material facts, such in the person of the customer or the purpose of the booking; the hotel has justified cause to believe that use of the hotel’s services might jeopardize the smooth operation of the safety or reputation of the hotel in public, without this the management or organization of the hotel is attributable; is a breach of clause I, No. 2 supra.
From justified cancellation by the hotel does not entitle the customer for damages.
Room availability, delivery and return
The customer has no right to be provided specific rooms.
Reserved rooms are available to the customer from 3:00 pm on the agreed day of arrival. The customer has no right to earlier availability.
On the agreed day of departure the rooms must be vacated no later than at 11.00 am. Otherwise the hotel because of the delayed vacating of the room for use exceeding the contractual end provide 100% of the full accommodation price charged. Contractual claims are not justified. The customer is at liberty to show that the hotel no or much lesser claim to use damages incurred.
The applicable house rules shall also form part of the contract. The house rules may be downloaded from the SMARTY Hotels website (www.smarty-hotels.com) or obtained at the hotel.
Liability of the hotel
The hotel is liable to the diligence of a prudent businessman for its obligations under the contract. Customer claims for damages are excluded. This excludes damage from injury to life, limb or health where the hotel is responsible for the breach of duty, other damages based on intentional or grossly negligent breach of obligation and damage caused by a willful or negligent violation of typical contractual obligations of the Hotel. A breach of obligation by a legal representative or vicarious agent. Should disruptions or defects in the performance of the hotel, the hotel with knowledge or to a breach of the customer will seek to remedy the situation. The customer is obligated to contribute reasonable to eliminate the disruption and to keep any possible damage.
For property brought into the hotel the customer is liable under the law. Liability claims expire unless the customer after learning of the loss, destruction or damage to the hotel immediately (§ 703 BGB). For a more extensive liability of the hotel 1 Sentence 2 shall apply mutatis mutandis to 4. If the customer is a parking space in the hotel garage or in a hotel parking lot, even if a charge is made available, this does not constitute a safekeeping agreement. In case of loss or damage on the hotel property and motor vehicles parked or the contents thereof, the hotel, except for willful misconduct or gross negligence. 1, sentences 2 to 4 apply accordingly. Wake-up calls are carried out with the utmost care. Messages, mail and merchandise deliveries for guests are handled with care. The hotel will deliver, hold, and – upon request – for a fee forward such items. 1, sentences 2 to 4 apply accordingly.
Changes or additions to the contract, the acceptance of these Terms and Conditions for Hotel Accommodation should be made in writing. Unilateral amendments and supplements by the customer are not valid.
Performance and payment is the location of the hotel.
The exclusive jurisdiction – also for check and exchange disputes – for commercial transactions is the seat of the hotel. If a contracting party fulfills the requirements of ZPO § 38 paragraph 2, and has no general jurisdiction in the country, the courts at the location of the hotel confirmation.
German law applies. The application of the CISG and the conflict of laws are precluded.
If any provision of these Terms and Conditions for Hotel Accommodation be or become invalid or void, the validity of the remaining provisions shall not be affected. Moreover, the statutory provisions.
In line with German bank terms cash payment with € 500 bank notes is prohibited. We accept payment by VISA, MASTERCARD, AMERICAN EXPRESS or MAESTRO CARD.
SMARTY Instagram raffles
- The organizer of the competition is RHK Living GmbH, Siegburger Straße 57, 50679 Cologne, Germany.
- The possibility to participate in the mentioned action starts and ends as mentioned on instagram. Participates who fulfills the respective tasks and conditions of participation.
- Only one entry per person is possible.
- Participation is open to persons residing in Germany who have reached the age of 18 years.
- Employees of the Rheinland Hotel Collection are excluded from participating in the raffle.
- Of all the comments posted by the end of the Entry Period, the winners will be randomly selected and notified via Instagram via a personal message or comment and asked for their postal address.
- The winner must accept the prize within one week of notification in writing, by e-mail or via Instagram via personal message and provide the address for sending the prize. The prize will be sent to the specified address. The participant is responsible for the correctness of the given data. If the winner does not respond within the given deadline, the claim to the prize will be forfeited and RHK Living GmbH will raffle the prize again.
- By participating, the participant agrees that the data given by him on behalf of RHK Living GmbH be stored and processed for the duration of the action. After final handling of the action, the data given in the context of this competition will be deleted.
- The prize is non-transferable and can not be exchanged and not paid in cash.
- RHK Living GmbH is entitled to make changes to the profit. In this case, the winner will receive a reasonable replacement prize.
- The right of recourse is excluded.
- Participation via raffle clubs, automated services or other service providers is not permitted.
- RHK Living GmbH reserves the right to exclude participants from the raffle in case of suspected manipulation without stating reasons. If this is an already drawn winner, the prize can be subsequently revoked; an already delivered profit can be reclaimed.
- Should individual clauses be or become invalid, the validity of the remaining clauses remains unaffected. The usage relationship between the participant and Beiersdorf is governed by German law.
- RHK Living GmbH reserves the right to terminate the competition at any time, even without observance of deadlines, in whole or in part. This applies in particular if due to technical (eg manipulation) or legal reasons (eg interruption by Instagram) proper execution is not guaranteed.
- THIS PROMOTION IS NOT ASSOCIATED TO INSTAGRAM AND WILL NOT BE SPONSORED, SUPPORTED OR ORGANIZED BY INSTAGRAM IN ANY WAY. BY PARTICIPATING IN THIS CONTEST, ALL PARTICIPANTS MAKE INSTAGRAM FREE OF ANY CLAIM OR LIABILITY IN CONNECTION WITH THE CONTEST. INSTAGRAM IS NOT AVAILABLE AS ANY CONTACT PERSON FOR THE COMPETITION.