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1. These General Terms and Conditions of Business apply to contracts for the rental of hotel rooms for accommodation purposes and all other services and supplies performed for the Customer by MEININGER Hotels in this context (hereinafter referred to as: Contract). The term “Contract” covers and replaces the following terms: hotel accommodation, contract. The term “Customer” applies equally to guest, The Terms and Conditions of Business apply to services and supplies of MEININGER Hotels (hereinafter referred to as: Hotel) trading under the following names:
MEININGER Shared Services GmbH
Schöneberger Straße 15, 10963 Berlin, Germany
JSK «Nikolskiye Ryady»
Meininger Hotel St.Petersburg – Nikolsky
Tax № 7826729992 / CRR 783801001
Adress Sadovaya street, 62, ST.Petersburg, 190068, Russia.
II. CONCLUSION OF CONTRACT
1. The Contract shall come about when the Hotel accepts the Customer’s request. Acceptance is signalled via a booking confirmation from the Hotel. The Hotel may confirm the booking in writing. Where a booking is made through the Hotel’s website (www.meininger-hotels.com) and payment or authorisation of the means of payment fails, no booking will be made and thus no Contract will come about.
2. The parties to the Contract are the Hotel and the Customer. If the booking is not made by the Customer him or herself, but instead by a third party, the third party and the Customer shall be liable as joint debtors vis-à-vis the Hotel for all obligations arising under the Contract. That notwithstanding, the third party undertakes to pass to the Customer all information relevant to the booking, in particular these General Terms and Conditions of Business.
4. Bookings may only be made by persons with full legal capacity.
III. SERVICES, PRICES, PAYMENT
1. The Hotel undertakes to hold the rooms booked by the Customer ready and to provide the agreed services.
2. The Hotel is entitled to accommodate the Customer in a different hotel of an equivalent standard and level of service at the booked price without giving rise to any recourse claims against the Hotel if there is good cause for doing so, in particular where accommodation in the reserved Hotel is not possible.
3. The Customer agrees to pay the agreed or applicable prices of the Hotel for the rent of the room and any additional services booked or utilised.
5. The agreed prices include any taxes and local levies applicable at the point at which the contract was concluded. They do not include any local levies that are payable directly by the Customer under the applicable municipal laws (e.g. spa tax). In the event of a change to statutory VAT or the introduction, change or repeal of local levies on the services following the conclusion of the Contract, the prices will be adjusted accordingly.
6. The Hotel may make its consent to a retrospective amendment requested by the Customer to the number or category of the rooms or beds booked or the services of the Hotel or the duration of the stay contingent on an increase in the price of the rental of the room and/or the other services of the Hotel.
7. On conclusion of the Contract the Hotel is entitled to request an adequate advance payment or security deposit, for example in the form of a credit card guarantee. The amount of the advance payment and the payment deadlines may be agreed in writing in the Contract.
8. In justified cases, e.g. payment default by the Customer or extension of the scope of the Contract, the Hotel is entitled to request an advance payment or deposit as set out at part 6. above or to increase the contractually agreed advance payment or security deposit to the full amount of the agreed payment, even after the conclusion of the Contract.
9. Unless otherwise agreed, the total price less any advance payments already made is due for payment on presentation of a detailed invoice on arrival prior to provision of the room and/or other services of the Hotel.
10. At the commencement of and during the stay, the Hotel is further entitled to request from the Customer an adequate advance payment or security deposit as set out at part 6. above for existing or future claims arising under the Contract unless such was already paid under part 6. and/or part 7. above.
11. Unless otherwise agreed, for groups of twelve persons or more booking will be guaranteed by the Hotel if only the Customer make a prepayment in the amount of 30 % of total cost within 10 calendar days from the date of official confirmation and signed the Agreement. The rest is stipulated in separate contracts12. At the Client’s discretion, unless other is stipulated hereby, the Hotel services provided hereunder should be paid:
- by the Guest himself in cash or by means of banking credit cards.
- by the Client in roubles to the Hotel’s bank account indicated in the Contract.
The Client shall pay all arising bank fees and commissions. Other ways of payments (in particular, checks and other securities) will not be accepted by the Hotel.
1314. Special confirmations for visa applications will only be issued following advance payment of the total price of the booking.
15. Special offers and discounts cannot be combined. The cheapest offer shall apply in each case. The Hotel reserves the right to request corresponding evidence from the Customer on arrival.
17. Any bank charges and currency differences arising on payment of the price shall be borne by the Customer. In the case of charge-backs, the Hotel shall invoice the Customer for the costs arising.
18. Refunds are usually made using the original means of payment. In exceptional cases a spot refund in cash or a refund by bank transfer to the Customer’s account is possible. If the Hotel is not responsible for the refund, the provisions of part 16. above shall apply.
19. The Customer may only set-off or reduce any claims against the Hotel, or exercise a right of retention, for undisputed or legally established claims.
IV. WITHDRAWAL BY THE CUSTOMER (CANCELLATION) / NON-UTILISATION OF THE RESERVED SERVICES (NO SHOW)
1. The Hotel shall grant the Customer a right of withdrawal in accordance with the following provisions:
1.1. Room reservations of individual travellers up to eleven persons:In case of 100% guaranteed booking prepayment for the whole stay should be provided, or 100% prepayment should be done at check in. If room was prepaid in advance by credit card this same card should be physically presented by Guest upon arrival and cardholder should be same guest checking in. If there is no card on hand to provide – guest should provide another credit card of his own to pay for accommodation. Alternatively entire stay can be paid by cash (RUR only).
1.2. If guest with the guaranteed booking with 100% prepayment did not use accommodation service and has not arrived to hotel and has not cancelled booking in advance – first night is non-refundable. Reservation status changes to “non guaranteed” and will be cancelled if Guest does not provide information to confirm reservation.
1.3. In case if Guest with guaranteed booking with 100% prepayment for the entire stay has not used the service of accommodation at Hotel on the specified date of arrival a deposit for the first night stay is non-refundable then. The booking is not cancelled until written confirmation of cancellation is received from guest. In the absence of a written information or a phone call there charges for accommodation are non-refundable.
1.4. Reservation is cancelled at 18:00 on a date of arrival (local time) in case of non-guaranteed booking. When check in time is specified reservation is cancelled at 23:55 on arrival date (local time).
2. Room bookings for groups of twelve persons and above:
The Group booking will be guaranteed by the Hotel if only the Customer make a prepayment in the amount of 30 % of total cost within 10 calendar days from the date of official confirmation and signed the Agreement.
Payment of the remaining 70 % of total cost shall be effected 60 calendar days prior to arrival of Group of Guests.
If a group request has been confirmed by the Hotel less than 45 calendar days prior to arrival of Group of Guests, full payment (100 %) shall be effected within 3 bank days from the date of booking confirmation by the Hotel, but anyway before arrival.
Complete or partial cancellation of group booking, shall be made the following conditions unless other conditions have been provided by a separate agreement hereto:
1. In case of full cancellation of group booking will be charged a penalty in the amount of 30 % of one night for each cancelled room.
2. During the period from 60 to 45 calendar days prior to arrival 20% of the group booked a block of rooms may be canceled at no extra charge.
3. During the period from 44 to 20 calendar days prior to arrival 10% of the group booked a block of rooms may be canceled at no extra charge.
4. If the Customer offends rules of cancellation the Hotel has the right to collect fine in amount of 100% of the one night for each cancelled room, including breakfast and VAT.
5. If as a result of partial cancellation of booking, the order shall not longer fall under the concept of Group of Guests, prices for accommodation of Individual Guests should apply to the order and agreed by the Parties additionally.
6. Booked catering services may be cancelled free of charge up to eight days prior to arrival. Thereafter, a cancellation fee of 100 percent of the agreed price will be payable. 7. The foregoing provisions regarding the cancellation deadlines and charges apply subject to any other contractual provisions.
V. WITHDRAWAL BY THE HOTEL
1. If it was agreed that the Customer may withdraw from the Contract free of charge within a specific period, the Hotel for its part is entitled to withdraw from the Contract during this period if other customers have inquired about the contractually booked rooms and the Customer does not waive its right to withdraw when asked by the Hotel within a reasonable deadline.
2. If an advance payment or deposit agreed or requested under clause III paras. 7, 8 and 11 is not paid even after the expiry of a reasonable grace period set by the Hotel, the Hotel is entitled to withdraw from the Contract.
3. Further, the Hotel is entitled to withdraw extraordinarily from the Contract on objectively justifiable grounds, in particular if
- force majeure or other circumstances that are not the fault of the Hotel render performance of the Contract impossible;
- rooms are booked under misleading or false information or with concealment of material facts; material facts may refer to the identity of the Customer, the ability to pay or the purpose of the stay;
- the Hotel has reasonable grounds to believe that the utilisation of the Hotel service may jeopardise the smooth operation, safety or reputation of the Hotel in public where such is not within the domain or organisational scope of the Hotel;
- the purpose of or reason for the stay is unlawful;
- there is a breach of clause II para. 3 or 4, clause VI para. 4 or 8 to 10;
- the Hotel acquires knowledge of circumstances that indicate that the Customer’s financial position has deteriorated substantially since conclusion of the Contract, in particular if the Customer does not pay claims due to the Hotel or does not offer an adequate deposit and as a consequence the Hotel’s payment claims appear to be in jeopardy;
the Customer has filed an application for insolvency proceedings to be opened over its assets, has initiated an out-of-court settlement for managing its debts or has ceased to make payments;- insolvency proceedings are initiated over the Customer’s assets or their initiation is rejected on the grounds of insufficient assets or for other reasons.
4. The justified withdrawal of the Hotel does not give rise to any claim for compensation for the Customer.
VI. ARRIVAL AND DEPARTURE, FURTHER PROVISIONS RELATING TO THE HOTEL STAY
5. Accommodation and services at hotel are paid at prices approved by General Director (general manager).
5.1. Check out time is 12:00 local time
5.2. Guaranteed or non-guaranteed reservations have same check out time – 12:00
5.3. Check in time is 14:00. If guest arrives earlier rooms are provided upon availability.
5.4. Late check out after first night of stay is possible minimum for 0.5 of the day.
- Late check out from 12:00 till 18:00 of a current day is 50% of the room rate per day.
- Late check out after 18:00 of a current day is 100% of the room rate (full room rate) to be paid.
5.5. In case of prolongation of the stay at hotel guest should inform reception 2 hours before check out time. If there are rooms available duration of stay may extended.
5.6. When extending the stay it should be 100% paid for extended period.
5.7. Additional services are provided to guests for extra fee. There are price lists available.
5.8. Children under 12 years old are accommodated for free with parents/official representative
5.9. The Hotel provides the following services to Guests without additional charge:
- Ambulance call
- First aid kit usage
- Correspondence delivery to the room
- Wake up call
- Taxi call
- Flights/Trains schedule
5.10. Change of bed linen in rooms is provided every 3d day, after first night of accommodation. Bed linen is changed on a daily basis in Suite room types. Additional change of bed linen or terry may be provided upon request without any additional charge in any room category.
5.11. When checking our from hotel guest has to provide payment for the Hotel services consumed. All expenses should be covered upon check out by guest.6. For groups of twelve persons and above, the Hotel shall be provided with a list of all participants with their full name and date of birth by no later than on arrival.
7. If the total number of the persons arriving exceeds the contractually agreed number of persons, the additional persons shall have no right to accommodation.
8. Persons under 18 are not permitted to sleep in dormitories. Minors may only stay in private rooms if accompanied by a parent or at least a person over 18 authorised by their legal guardian or with a written declaration of consent and a copy of the ID card/passport of a legal guardian. The latter will only be accepted for minors aged 16 and above. These provisions do not apply to group travellers accompanied by a person over 18 authorised by the legal guardians. The Hotel reserves the right to refuse to accommodate minors in individual cases.
9. Accommodation in the dormitory is limited to a maximum of 14 nights within a four-week period.
10. When booking breakfast, breakfast is served following each overnight stay. When booking half or full board, dinner on the evening of arrival is served as the first meal unless otherwise agreed. Mealtimes will be agreed with the Hotel no later than on arrival of the Customer or the group.
VII. LIABILITY AND LIMITATION
1. The Customer shall be liable for any damage to Hotel property or severe soiling caused due to wilful misconduct or gross negligence. In case the Guests fails to make to the Hotel full payment for the rendered hotel services or if the Guest caused damage to the Hotel or third parties within the Hotel territory, the Client undertakes to assist to the Hotel in getting from the Guest of all necessary payments and compensations. If the Client fails to assist to the Hotel or if the Client’s assistance will be ineffective (no possibility to contact the Guest or the Guest refuses to make necessary payments), the Client shall be considered subsidiary responsible for the damage, provided that such damage can not be compensated by the Hotel insurer.
2. Smoking is strictly prohibited in all areas of the Hotel. Smoking on the territory of the hotel (including electronic cigarettes and electronic vapors), except for specially designated areas (in accordance with Federal Law No. 15-FZ of 23.02.13). In case of violation of this item, the hotel could charge the guest with an additional cleaning and dry cleaning of the room (long ventilation, use of scent absorbers, curtains, curtains, textiles) in the amount of 5000 rubles, according to the approved hotel rates.
3. If the services of the Hotel are interrupted or defective, the Hotel will seek to redress the situation immediately on notification by the Customer. If the Customer is at fault for failing to notify the Hotel of a defect, no claim for a reduction of the contractually agreed remuneration shall apply.
4. The Hotel will be liable for loss for which it is at fault resulting in death, personal injury or impairment of health. It shall further be liable for other loss resulting from a wilful or grossly negligent breach of duty by the Hotel or a wilful or grossly negligent breach of the Hotel’s duties that are typical under the Contract. A breach of duty by the Hotel is equivalent to a breach by its statutory representative or vicarious agents. All other claims for compensation shall be excluded unless otherwise regulated hereinafter.
5. The Hotel performs wake-up calls with great care. No claims for compensation may be brought except in the case of gross negligence or wilful misconduct
6. The Hotel performs wake-up calls with great care. No claims for compensation may be brought except in the case of gross negligence or wilful misconduct.
7. Messages, post and goods shipments for the Customer are handled with great care. The Hotel will handle receipt, safekeeping and – if required – sending on for a fee of such as well as for lost property on request. The delivery address of the Hotel may differ from the Hotel or company address. No claims for compensation may be brought except in the case of gross negligence or wilful misconduct.
8. Any compensation claims of the Customer shall lapse no later than two years after the point at which the Customer acquired knowledge of the loss, or, without taking such knowledge into account, no later than three years after the point of the event of loss. This does not apply to the Hotel’s liability for losses arising from death, personal injury or harm to health and for other losses that are due to a wilful and grossly negligent breach of duty by the Hotel, its statutory representatives or vicarious agents.
9. Limitation of liability: physical exercise, jumping on as well as improper use of two- and three-tier bunk beds and the galleries is strictly prohibited. The Hotel shall assume no liability for damage or injury resulting from falling out of a two- or three-tier bunk bed or from the stairs of the galleries or from the galleries themselves.
VIII. CLOSING PROVISIONS
1. Any amendments or addenda to the Contract, the application acceptance or these General Terms and Conditions of Business must be made in writing. Any unilateral amendments or addenda by the Customer shall be void.
2. The place of performance and payment is the location of the Hotel.
3. Depending on the location of the Hotel, applicable law shall apply.
4. If individual provisions of these General Terms and Conditions of Business for hotel accommodation should be or become void or unenforceable, this shall have no bearing on the validity of the remaining provisions. The statutory provisions shall apply in all other respects.