General Conditions |
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Article 1 Definitions
1.1 Amstelbotel: the hotel establishment Amstelbotel B.V., with registered office at NDSM-Pier 3 1033 RG Amsterdam
1.2 Guest: the natural or legal person, or company with whom Amstelbotel has concluded an agreement to provide one or more hotel and catering services.
1.3 Agreement: an agreement concluded between Amstelbotel and a Guest covering the provision of one or more hotel and catering services by
Amstelbotel at a price to be paid by the Guest.
1.4 Hotel Establishment: the hotel and catering company whose services mainly or exclusively comprise the providing of accommodation.
1.5 Cancellation: the communication in writing (including fax and e-mail) stating that one or more of the agreed-upon hotel and catering services will not be used
in whole or in part, or the communication in writing from the hotel and catering
company to the Guest stating that one or more of the agreed-upon hotel and
catering services will not be provided in whole or in part.
1.6 No-show: the situation in which a Guest does not use the hotel and catering services provided by an Agreement, without submitting a Cancellation.
1.7 Goods: all goods, including cash, cash equivalents and monetary instruments. Article 2 Applicability 2.1 The General Terms and Conditions apply to the concluding and contents of all Agreements, to all offers regarding the concluding of these Agreements, and to all
legal acts, deliveries and services performed by us, including all future Agreements.
2.2 Deviations from and additions to this Agreement are only valid if agreed upon in writing.
2.3 Any general terms and conditions set by the other party are expressly rejected by Amstelbotel.
2.4 Should one or more provisions of these general terms and conditions be or become null and void, the remaining provisions of these general terms and conditions, as well
as Agreements concluded between the other party and us to which these general
terms and conditions apply, shall remain in full force and effect.
Article 3 Offers 3.1 All offers and proposals made by Amstelbotel are non-binding unless they include a term for acceptance, in which case they expire at the end of this term.
3.2 Changes and/or or commitments made verbally or in writing after the offer hasbeen made give rise to a new offer that results in the expiration of the previous offer.
Article 4 Concluding of the Agreement 4.1 If the offer is non-binding, the Agreement is concluded when we receive acceptance in writing of the offer (including acceptance by e-mail or fax). In the case of written
acceptance, the Guest needs to state clearly the type of accommodation he or she
wishes to have and for which period.
4.2 If a term applies to the offer from Amstelbotel, the Agreement is concluded if and when Amstelbotel receives acceptance of the offer within the aforementioned term.
4.3 Supplementary arrangements, changes or commitments, verbally or in writing, made by staff of Amstelbotel, representatives or other intermediaries are non-binding unless
confirmed in writing to the other party by Amstelbotel.
4.4 Amstelbotel has the right to refuse to conclude an Agreement with a Guest at any time provided the refusal is based solely on one or more of the reasons stated in Section
429 quater of the Netherlands Penal Code.
Article 5 Reservations and cancellations 5.1 Reservations by internet can only be made provided the Guest has a valid credit card. If the Guest makes a reservation by internet, the reservation is only confirmed and
guaranteed provided the Guest supplies his or her credit card details to Amstelbotel at
the request of Amstelbotel.
5.2 If the Guest will not or cannot make a reservation by internet for whatever reason, the reservation is only guaranteed provided Amstelbotel within 72 hours receives an
amount equal to the reservation sum for the Guest’s first night of accommodation, or
provided the Guest has supplied his or her credit card details to Amstelbotel, unless
parties have agreed otherwise.
5.3 In the event that a Guest has made a reservation, the following apply if the reservation is cancelled:
a. for cancellations more than three (3) days before the registration date, the Guest is not liable for any payment to Amstelbotel. As proof of timely cancellation, the Guest receives
a cancellation number from Amstelbotel. The Guest should keep a note of the number in
order to present it to Amstelbotel in the event of a dispute with Amstelbotel concerning the
time of the cancellation.
b. for cancellations less than three (3) days before the registration date, the Guest is liable for payment of the reservation sum for the first night of accommodation.
5.4 In the event of a No-show by a Guest, the Guest shall owe Amstelbotel an amount equal to the reservation sum for a hotel room for one night.
5.5 If the Guest owes Amstelbotel any amount under the terms of Article 5.3, the amount shall be deducted from the credit card account whose number has been supplied by
the Guest. The Guest hereby unequivocally and irrevocably grants permission for any
amounts it owes Amstelbotel according to the provisions of this Article to be deducted
from its credit card account.
Article 6 Rights and obligations of Amstelbotel 6.1 Subject to the provisions of Article 6.3, Amstelbotel has an obligation to provide the Guest with accommodation in its hotel for the period and price agreed, such
accommodation to be of the usual standard for the hotel.
6.2 Amstelbotel also has an obligation to provide the corresponding hotel and catering services that are usual for the hotel, and to provide the usual facilities.
6.3 The accommodation should be available to the Guest from 2 p.m. on the day of arrival until 11 a.m. on the day of departure.
6.4 Amstelbotel should hang, affix or leave the hotel’s house rules in a place clearly visible to the Guest, or provide the Guest with a written copy of them so that the Guest
is made aware of these rules. The Guest has an obligation to comply with these
house rules.
6.5 Amstelbotel has the right at all times and without giving notice to cease providing hotel and catering services to a Guest if the Guest repeatedly violates the house rules
following a warning by Amstelbotel, or behaves in such a way that the calm and order
of the hotel and catering company and/or its normal operations is or might be
disturbed. The Guest must then leave the hotel at the first request of Amstelbotel.
Amstelbotel may only exercise this right if the nature and seriousness of the violation
committed by the Guest provide sufficient justification in the reasonable opinion of
Amstelbotel.
6.6 Notwithstanding the provisions of Article 5.4, unless otherwise agreed in writing Amstelbotel has the right to deem the reservation as lapsed if the Guest has not
registered by 12 noon on the second day reserved.
6.7 Amstelbotel has the express right to require the Guest to accept accommodation different from that to be provided according to the Agreement, unless such a request is
evidently unreasonable and must obviously be regarded as too inconvenient for the
Guest. In that case, the Guest has the right to terminate the Agreement with immediate
effect. If the Guest can be reasonably expected to accept the other accommodation
offered by Amstelbotel and if this accommodation is less expensive than the
accommodation originally agreed upon, the difference in price shall be settled with the
Guest. Amstelbotel is not liable for payment of damages in any other situation.
Article 7 Settlement and payment 7.1 The Guest is liable for payment of the charges stated in the Agreement or for the corresponding charges if the Agreement was concluded more than three (3) months
before the hotel and catering services described in the Agreement were to be
provided, which also includes the charges stated on pricelists displayed by the hotel
and catering company in a place that is visible to the Guest or included in a pricelist
that is issued to the Guest at his or her request. The effect of changes to the VAT rate
shall always be passed on to the Guest.
A pricelist is considered to be visible to the Guest if it is visible in the publicly accessible areas of the Hotel Establishment.
7.2 For special services, such as use of cloakrooms, safe deposit boxes, launderettes, telephones, fax equipment, pool tables and slot machines, Amstelbotel may make an
additional charge.
7.3 All bills, including those concerning cancellation and No-show, are payable by the Guest on demand at the time they are presented to him or her. Payment in cash
should be made by the Guest on arrival, unless otherwise agreed in writing at the time
or beforehand.
Article 8 Force majeure 8.1 If force majeure delays or prevents performance of the Agreement, Amstelbotel and the Guest each have the power to dissolve the Agreement in writing without this
entitling the Guest to any right to receive damages.
8.2 Force majeure includes all circumstances that are not the fault of Amstelbotel whereby the normal performance of the Agreement is prevented. The following
circumstances are always deemed force majeure: extreme absence due to illness and
wildcat strikes by the staff, measures imposed by the government that substantially
impede business operations, fire and other serious disturbances at Amstelbotel, and
national disasters.
8.3 If Amstelbotel is not able to discharge its obligations under this Agreement because of force majeure, it shall be obliged to inform the Guest of this non-performance as
quickly as possible.
Article 9 Liability of Amstelbotel 9.1 Amstelbotel can never be held liable for damage to or loss of Goods that are brought to the hotel by a Guest, unless the damage or loss is the result of gross negligence or
intention on the part of Amstelbotel.
9.2 Amstelbotel can never be held liable for any type of damage suffered by a Guest and/or third parties, unless the damage is the direct result of intention or gross
negligence on the part of Amstelbotel. This exclusion applies in particular to damage
or loss resulting from the safekeeping of Goods belonging to Guests, damage arising
from the consumption of food prepared or served by Amstelbotel, and damage
resulting from computer problems.
9.3 If Amstelbotel is held liable for payment of damages to a Guest, the amount for which it is liable shall never exceed:
a. the reservation sum or if greater; b. the amount paid to Amstelbotel by its insurer in respect of the damage; c. the compensation received from another third party in respect of the damage. 9.4 If goods for which a Guest pays a fee for their safekeeping are damaged or lost, Amstelbotel has an obligation to compensate the Guest for the damage or loss.
Article 10 Liability of the Guest 10.1 The Guest and those accompanying the Guest are jointly and severally liable for all damage suffered or to be suffered by Amstelbotel and/or any third party as a direct or
indirect result of a breach of the Agreement and/or unlawful act by the Guest and/or
those accompanying the Guest, including violation of Amstelbotel’s house rules, as
well as for all damage caused by any animal and/or substance and/or item that they
own or is under their supervision.
Article 11 Disputes and applicable law 11.1 Netherlands law applies to all Agreements to which these General Terms and Conditions apply either in whole or in part.
11.2 Any dispute arising from proposals, offers and Agreements, irrespective of their name, shall be brought before the competent court in Amsterdam.
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