Definitions
If in this document the following terms are used with a capital letter, in plural or singular, then these terms must be understood as follows:
Golden Port Hotel: the private limited liability company Golden Port Hotel BV, with its registered office in Apeldoorn and its office in Rotterdam, at Pieter de Hoochweg 115 and registered in the Trade Register of the Chamber of Commerce under number 75844885.
Conditions: the present document, which contains the General Conditions of Golden Port Hotel.
Customer: any natural person, legal person and his representative (s), or any other party that concludes or wishes to enter into an Agreement with Golden Port Hotel, or has such a person conclude, through a representative, as well as the person to whom Golden Port Hotel is based on the Agreement provides the Services. Where the Client refers to these Terms and Conditions, this also includes the guest to whom Golden Port Hotel must provide the Services pursuant to the Agreement, as well as the person (s) accompanying or accompanying the guest. Unless expressly stated otherwise, in these Terms and Conditions, guest or Customer is understood to mean both the guest and the Customer.
Parties: Golden Port Hotel and Customer together.
Agreement: An Agreement concluded by the Parties on the basis of which Golden Port Hotel provides Services for the Client, but does not exclude a different Agreement, for which the Client owes Golden Port Hotel an agreed fee.
Quotation: any sufficiently specified oral or written offer from Golden Port Hotel to Customer. This also includes published prices on the Golden Port Hotel website.
Services: the provision in the broadest sense of the word by Golden Port Hotel of accommodation and / or the provision of (room) space and / or food and / or drinks with all activities and related services which Golden Port Hotel provides to the Client in the framework of the Agreement.
No-show: without the termination of the Agreement, a Customer does not use a Service to be provided on the basis of an Agreement.
Reservation: The Agreement entered into by the Parties in writing, whereby it is laid down between the Client and Golden Port Hotel on which period and under which conditions the Agreement will be implemented.
Online reservation: The Reservation made using the reservation form to conclude an Agreement that is available on the Golden Port Hotel website. On-line reservations made through other websites (intermediaries) may be subject to third-party terms and conditions and these do not fall under an Online-reservation as referred to in these Terms.
Article 1. General
1.1. These Terms and Conditions apply to all Reservations, Online reservations, transactions, Agreements, Quotations, Services, offers or other types of commitments that Golden Port Hotel enters into with the Customer, or a different but equivalent counterparty, unless expressly agreed otherwise in writing.
1.2. Deviation from these Terms and Conditions through conditional acceptance or other types of reservations only applies if these have been explicitly and unambiguously accepted by Golden Port Hotel in writing, which must also be understood digitally.
1.3. Previously dated Terms and Conditions will be replaced by this copy.
1.4. If a situation arises between the Parties that is not (explicitly) regulated in these Terms and Conditions, or an article from the Terms and Conditions is nullified or declared null and void, then this situation must be assessed in the spirit of these Terms and Conditions. Conditions.
1.5. That stipulated in paragraph 4 of this article does not affect the validity of the other conditions and stipulations of these Conditions.
1.6. The Client is not permitted to transfer any rights and / or obligations arising from the provision of Golden Port Hotel Services and these Conditions to third parties without this transfer being explicitly agreed in writing between the Parties.
1.7. If Golden Port Hotel does not always demand strict compliance with these Terms and Conditions, this does not mean that the provisions thereof do not apply, or that Golden Port Hotel would to some extent lose the right to strictly comply with the provisions of these Terms and Conditions in other cases. to desire.
Article 2. Quotation
2.1. All Offers and offers from Golden Port Hotel are without obligation, unless stated otherwise. A Quotation or offer expires, regardless of whether it has already been accepted, if Golden Port Hotel is unable to deliver due to the availability of the Service.
2.2. Golden Port Hotel cannot be held to its Offer or offer if the Client can understand in terms of reasonableness and fairness, as well as the prevailing views in society, that the Offer or offer, or a part thereof, an obvious mistake or error contains.
2.3. The prices stated in the Offer or offer include VAT and other government levies, but excluding tourist tax and any other unforeseen costs to be incurred in the context of the Agreement, including in any case room service, breakfast, telephone costs, use of a safe, unless Parties have agreed otherwise in writing.
2.4. If the acceptance, whether or not on minor points, deviates from the offer included in the Offer or offer, then Golden Port Hotel is not bound by this. The Agreement will then not be concluded in accordance with this deviating acceptance, unless Golden Port Hotel indicates otherwise.
2.5. A compound quotation does not oblige Golden Port Hotel to execute part of the assignment against a corresponding part of the stated price.
2.6. The Conditions and prices from a previous Golden Port Hotel Offer or offer do not automatically apply to future Agreements. This does not apply to the applicability of these present Terms and Conditions, which Terms and Conditions do apply to all future Agreements, subject to an explicit exclusion.
Article 3. Agreement
3.1. The Agreement between the Parties comes into existence when Golden Port Hotel confirms in writing through an order confirmation the written or oral acceptance by the Customer of an Offer made by Golden Port Hotel, or is concluded because Golden Port Hotel implements the Agreement. through the delivery to the Customer of the Services. This should also include placing an Online reservation via the Golden Port Hotel website.
3.2. The Agreement between Golden Port Hotel and the Customer is entered into for an indefinite period of time and applies until cancellation or by operation of law, unless the nature of the Agreement dictates otherwise, or if the Parties expressly agree otherwise in writing.
3.3. A Reservation is only final after the regular Reservation and / or the Online Reservation has been confirmed in writing by the Customer or by Golden Port Hotel.
3.4. If Golden Port Hotel requires data from the Customer for the performance of the Agreement, the performance period does not commence until after the Customer has made this data accurate and complete available to Golden Port Hotel.
3.5. Golden Port Hotel is obliged to perform the Services in an expert and careful manner with due observance of the reasonably expected professionalism and expertise, all on the condition that Golden Port Hotel is timely and correctly informed by the Client during the execution of the Agreement. with regard to everything that could reasonably affect the implementation of the Agreement.
3.6. Golden Port Hotel is permitted to make use of third parties for the execution of its activities, whereby it exercises due care in the selection and communication with these third parties.
3.7. An Agreement for a Customer entered into by intermediaries, which must in any case be understood to be travel agencies, Online Travel Agents and other catering establishments, whether or not in the name of their relationship (s), is deemed to be partly at the expense and risk of these intermediaries closed. Golden Port Hotel does not owe any commission or commission, whatever its name, to intermediaries, unless expressly agreed otherwise in writing. The Client and
the intermediary (s) are jointly and severally liable for the payment of the amount due.
Article 4. Prices and payment
4.1. With the exception of the rates agreed between the Parties in the Agreement, the prices are stated on the website. The prices include VAT and other government levies, but excluding tourist tax and any other unforeseen costs to be incurred in the context of the Agreement, including in any case room service, breakfast, telephone costs, use of a safe, unless Parties have agreed otherwise in writing.
4.2. Upon arrival, Golden Port Hotel may ask the Customer for a credit card to guarantee additional costs. If the Customer does not provide a valid credit card, additional costs must be paid directly to Golden Port Hotel on the spot.
4.3. The prices can vary per type of accommodation, day, time of reservation, payment conditions and cancellation conditions.
4.4. Unless otherwise agreed, the invoice must be paid on arrival, or all amounts owed by the Customer to Golden Port Hotel, including the bills for cancellation or No-show, must be received by Golden no later than fourteen (14) days after the invoice date. Port Hotel.
4.5. Payment is made in Euros and through the payment options of the webshop, prepayment, cash or by PIN transaction.
4.6. Golden Port Hotel is entitled to demand payment in advance from the Customer. This applies to all types of reservations and this amount is ultimately settled with the total amount due. In the event of a cancellation, the amount already paid will be refunded as soon as possible, but no later than fourteen (14) days.
4.7. If the Client fails to pay an invoice on time, the Client will be in default by operation of law and without notice of default. The Client then owes an interest of 2% per month, unless the statutory (commercial) interest is higher, in which case the legal (commercial) interest is due. The interest on the claimable amount will be calculated from the moment that the Client is in default until the moment of payment of the full amount due, not taking into account reminders or other forms of notice of default.
4.8. All judicial and extrajudicial costs incurred by Golden Port Hotel and / or the collection agency or the bailiff engaged by Golden Port Hotel in connection with the collection of overdue payments and the related interest are for the account of the Customer. The extrajudicial costs amount to at least15% of the total amount owed by the Client with a minimum of € 75.
4.9. Insofar as the Customer is a consumer, the mandatory rules of the Collection Costs Act
and the scale of the Extrajudicial Collection Costs Decision apply, in deviation from paragraph 8 of this article.
4.10. The Customer shall never be entitled to any set-off, suspension of its payment, set-off or other discharge of its payment obligation, unless Golden Port Hotel has given its express written
consent. Objections to the amount of the invoices do not suspend the payment obligation.
4.11. Payments from the Client to Golden Port Hotel will always be deemed to serve to settle the longest outstanding claim and any additional costs, even if the Client states otherwise on payment.
4.12. The cardholder is immediately charged for the credit card transaction.
Article 5. Cancellation and suspension
5.1. Customer has the right to terminate the Agreement against payment of cancellation
costs. Unless otherwise agreed, the cancellation costs are the same as the agreed fee in the Agreement. Complete or partial dissolution, including but not limited to a change in numbers, of the Agreement by the Customer must be in writing, including by e-mail.
5.2. For Online reservations, there is no right of dissolution for the Customer under the Distance Selling Act, all this in accordance with the provisions of article 6: 230p paragraph e BW.
5.3. Unless otherwise agreed in writing, a Reservation can be cancelled free of charge up to 48 hours before the day of arrival (12.00).
5.4. The determination of the cancellation costs is based on the date of receipt of the written confirmation by Golden Port Hotel.
5.5. If a Customer does not arrive within half an hour after the agreed time, the Customer will be deemed to have terminated the Agreement and will owe the cancellation costs. If the customer still arrives after half an hour, or later, after the agreed time, Golden Port Hotel can invoke these cancellation costs, or still implement the Agreement and demand full compliance of the Customer with regard to the Agreement.
5.6. In the event of a No-show, the Client will in all cases owe the agreed fee to Golden Port Hotel in accordance with the Agreement.
5.7. If the Client dissolves an Agreement in whole or in part, the Client is, if Golden Port Hotel procures personnel, services or goods for the execution of the Agreement from third parties on behalf of the Client, or temporary personnel have been hired, in addition to the amount due from cancellations, the cancellation costs or compensation or other amounts (such as wages) that Golden Port Hotel will owe to these third parties.
5.8. Golden Port Hotel is authorized to suspend compliance with the obligations or to terminate the Agreement if:
- the Client does not, not timely, or not fully comply with the obligations under the Agreement;
- circumstances that have come to the knowledge of Golden Port Hotel after concluding the Agreement give good reason to fear that the Client will not fulfil its obligations;
- at the conclusion of the Agreement, the Customer was requested to provide security for the fulfilment of his obligations under the Agreement and this security is not provided or is insufficient;
- in the event of bankruptcy or an equivalent situation.
5.9. Furthermore, Golden Port Hotel is entitled to terminate the Agreement if circumstances arise that are of such a nature that unaltered maintenance of the Agreement cannot reasonably be required of Golden Port Hotel.
5.10. If Golden Port Hotel proceeds to suspension or dissolution, it is in no way obliged to compensate damage and costs that arise in any way.
Article 6. Limitation of liability and force majeure
6.1. Golden Port Hotel performs its duties as may be expected from a company in its industry, but does not accept any liability for both direct and indirect damage, including death and personal injury, damage to or with goods and vehicles of the Customer, consequential damage, which is the result of acts or omissions of Golden Port Hotel, its staff or third parties engaged by it, unless mandatory provisions dictate otherwise.
6.2. Golden Port Hotel is not liable for damage of whatever nature caused by Golden Port Hotel based on incorrect and / or incomplete information provided by or on behalf of the Customer.
6.3. Golden Port Hotel cannot be held responsible for loss, theft or damage of any property of the Customer or of goods supplied by third parties on behalf of the Customer.
6.4. The limitations of liability included in this article do not apply if the damage is due to intent and / or deliberate recklessness on the part of Golden Port Hotel, its management and / or its management staff.
6.5. Golden Port Hotel's liability for an attributable shortcoming on the part of Golden Port Hotel arises only if the Customer immediately declares Golden Port Hotel to be in default by letter, whereby a reasonable period for the cleansing of the relevant shortcoming is set and Golden Port Hotel also after that period attributable continues to fall short. The notice of default must contain a description of the shortcoming that is as complete and detailed as possible, so that Golden Port Hotel can respond adequately.
6.6. Without prejudice to the provisions of the other paragraphs of this article, Golden Port Hotel's liability - for whatever reason - is limited to the value of the Agreement.
6.7. Notwithstanding the preceding paragraphs of this article, Golden Port Hotel never obliged to pay compensation that amounts to more than the sum insured, if the damage is covered by an insurance policy Golden Port Hotel.
6.8. The Client indemnifies Golden Port Hotel against all third-party claims for damages and for any damage suffered by Golden Port Hotel as the direct or indirect consequence of the Client's failure to fulfill its obligations arising from this Agreement and Conditions.
6.9. Golden Port Hotel cannot be held responsible for malfunctions or the unavailability of external services.
6.10. In the event of force majeure, being any situation over which Golden Port Hotel cannot influence, which in any case is understood to include illness by personnel that makes operations reasonably impossible, work strikes, disruptions or failures of the internet or the telecommunications infrastructure, power failures, internal disturbances, war, fire, flood, which means that compliance with the Agreement cannot reasonably be expected of Golden Port Hotel, the performance of the Agreement will be suspended, without any obligation to pay compensation.
6.11. The provisions of paragraph 10 also apply if the force majeure occurs at persons and / or services and / or institutions that Golden Port Hotel uses in the execution of the Agreement or any other agreement. This also includes what occurs with the aforementioned persons and / or services and / or institutions as a condition precedent or resolute, or the non-performance of the aforementioned persons and / or services and / or institutions. Golden Port Hotel is not obliged to demonstrate its influence on its business.
Article 7. Group reservations
7.1. From three (3) rooms, a regular Reservation as well as an Online reservation falls under the group reservations. The provisions with regard to group reservations apply without prejudice to the provisions in these terms and conditions. In the event of a conflict between provisions, the provisions of this article prefer.
7.2. In the event of a group reservation, Golden Port Hotel will charge the Client 50% of the total sum in the event of cancellation or modification of the regular Reservation and the Online reservation within fourteen (14) days prior to arrival. If the cancellation / change takes place in the last seven (7) days before arrival, 100% of the total amount will be charged.
7.3. For a group reservation it applies that at least fourteen (14) days before arrival at least 50% of the total sum must have been paid. The total sum must be credited to Golden Port Hotel's bank account no later than five (5) days before the arrival date.
7.4. An increase in the originally definitively reserved number of rooms is only possible in consultation with Golden Port Hotel. Golden Port Hotel is in no way responsible for not being able to increase, without consultation, the originally definitively reserved number of rooms.
7.5. If the Customer fails to comply with the foregoing articles, Golden Port Hotel will consider the final regular Reservation and / or Online reservation to be dissolved. This cancellation will be considered as a cancellation of a definitive regular Reservation and / or Online reservation by the Customer. The Client then remains obliged to pay the cancellation fee to Golden Port Hotel.
Article 8. Rights and obligations
8.1. Golden Port Hotel will make the accommodation available to the Client during the agreed period and / or provide the agreed Services in accordance with the quality standards applicable within Golden Port Hotel.
8.2. Unless otherwise agreed in writing, Golden Port Hotel will make the accommodation available to the Client from 3 p.m. on the day of arrival, until 11:30 p.m. on Monday to Friday and until 12 p.m. on Saturday and Sunday on the day of departure.
8.3. If the Customer has not expressly requested a late arrival and this request has been granted by Golden Port Hotel, Golden Port Hotel reserves the right to forgive the room after 8 p.m., then the Customer is the cancellation costs in accordance with Article 5.1. of these Terms and Conditions to Golden Port Hotel.
8.4. Golden Port Hotel is entitled to offer the Client a different hotel accommodation than would be made available in accordance with the Agreement. In case this is inconvenient for the Client, the Client has the right to terminate the Agreement with immediate effect. In the event that the hotel accommodation offered and accepted by the Customer is cheaper than the original accommodation, Golden Port Hotel will make the amount of the savings available to the Customer. Golden Port Hotel will under no circumstances be liable for any further compensation.
8.5. Golden Port Hotel is entitled to terminate the provision of Services to a Customer at any time, without notice, if the Customer violates the house and / or code of conduct, or otherwise behaves in such a way that order and peace in the hotel and / or its normal operation is disturbed. The Client must then leave the hotel on first request. Golden Port Hotel will only exercise these powers if the nature and seriousness of the violations committed by the Customer give sufficient reason to do so in the opinion of Golden Port Hotel.
8.6. The Client cannot claim certain rooms.
8.7. The Client is obliged to respect Golden Port Hotel's house rules and to comply with them.
8.8. The Client and the guest and those accompanying him are jointly and severally liable for all damage that is and / or will occur to Golden Port Hotel and / or any third party, as a direct or indirect consequence of an attributable shortcoming and / or unlawful act, including Violation of the house rules is understood, committed by the Customer and / or the guest and / or those accompanying him, as well as for all damage caused by any animal and / or property that they hold or are under their supervision.
8.9. Parties are obliged to maintain the confidentiality of all confidential information that they have received from each other or from another source within the framework of the Agreement between Parties. Information is considered confidential if the Client or Golden Port Hotel has communicated this as such in writing or if this results from the nature of the information.
8.10. The processing of personal data falls under the regime of the General Data Protection Regulation (AVG), which is intended by the European Union as protection of personal data and privacy of citizens. By agreeing to the Agreement, you grant permission for the collection and processing of your personal data. In accordance with the AVG, you also have the right to inspect, correct or delete information and other rights upon request.
Article 9. Applicable law and competent court
9.1. All Agreements concluded by Golden Port Hotel or the resulting agreements are governed by Dutch law.
9.2. All disputes that may arise as a result of the Agreement or the General Terms and Conditions, unless otherwise required by law, will in the first instance be subject to the judgment of the competent court in Rotterdam.
