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General Terms and Conditions of Sale: Netherlands

General terms and booking conditions

I. Applicability

1. The legal entity named in the context of the reservation (hereinafter referred to as "B&B") rents to the guest (hereinafter referred to as "guest") the agreed hotel room with the agreed equipment (hereinafter referred to as "hotel room") for the agreed length of stay. These general terms and conditions of reservation and booking (hereinafter referred to as "GTC") apply to, with the exclusion of all other general terms and conditions,  the conclusion and content of accommodation contracts for the rental of hotel rooms (hereinafter referred to as “accommodation contract”), as well as to all offers concerning the conclusion of such accommodation contracts and other services rendered for the guest in their respective hotel. If other general terms and conditions nevertheless apply, the GTC shall prevail in the event of contradiction.

2. It is only possible to deviate from the GTC in writing and on a case by case basis.

3. The GTC also extend to the benefit of any and all natural and legal persons that B&B relies on or relied on upon the conclusion and/or the implementation of a accommodation contract or upon the exploitation of B&B.
 

II. Conclusion of accommodation contracts

1. With the reservation of a hotel room, B&B offers the guest the conclusion of an accommodation contract. B&B can refuse to conclude an accommodation contract atany time and for any reason, unless such refusal is based exclusively on one or more of the grounds specified as discrimination in Article 429c of the Penal Code.. The accommodation contract between B&B and the guest is concluded when the B&B reservation number is received by the guest or when the access code is handed over or transmitted to the guest (see Section IV.1.), whichever comes first. The B&B reservation number will be communicated to the guest either by email or fax, by phone or on site at the hotel. The guest is advised that reservation numbers received from third parties (e.g. from online booking portals for hotel rooms) are not the same as the B&B reservation number. 

2. Offers from B&B to conclude an accommodation contract are subject to change and non-binding, as long as no B&B reservation number has been received by the guest. The guest has no claim to the provision of a specific hotel room, or to fulfill special requests that go beyond the provision of a hotel room of the booked room category or its facilities. In addition, there is no provision of a parking space.
 

III. Reservation, cancellation, no-shows

1. The following terms "simple reservation" and "guaranteed reservation" differ in that the guest only orders a hotel room for the simple reservation, while in the case of the guaranteed reservation they also guarantee the payment of the overnight price by providing credit card details. The following term “cancellation” means a written notification by the customer to B&B that the agreed accommodation will not be used.. Sections 2 to 8 below explain the circumstances under which cancellation may be free of charge, or in which cases the accommodation price must be paid by the guest. The following term "day of arrival" means the first day of the booking period. The following term "day of departure" is the corresponding last day of the booking period. 

2. If, in the case of a simple reservation the guest does not check in at the hotel by 7 p.m.  on the day of arrival, the reservation expires (without re-booking) and the hotel releases the reserved rooms for sale. . In the case of a guaranteed reservation, the reservation of the hotel room will be held for the guest after  7 p.m. on the day of arrival.

3. The guest can cancel guaranteed reservations and simple reservations free of charge until  7 p.m. on the day of arrival, provided that this was not explicitly excluded when the reservation was made. If the guest cancels a guaranteed reservation after 7 p.m. on the day of arrival, he is obliged to pay the nightly rate for the first night. The hotel rooms are then available to be let to others. The same applies if the guest has not checked in by 06.00 on the day following the day of arrival and has not cancelled the reservation by 19.00 on the day of arrival (i.e. a "no-show"). In this case, the guest is obliged to pay the nightly rate for the first night.

4. Group trips are subject to the special conditions set out in Article VIII

5. For reservations at trade fair and event times, the provisions in Section IX apply,. 

6. In the case of guaranteed reservations lasting several days, no-shows will be cancelled free of charge until 06:00 on the day following the day of arrival (i.e. a “no-show”), after the night of the day of arrival (accordingly, from the second night of the booking period). In this case, the guest is not entitled to a hotel room for the following nights.

7. Reservations at prices marked as “early bird” rates cannot be changed or cancelled free of charge and can only be booked via the website https://www.hotel-bb.com. In these cases, the overnight price is due upon reservation and is only partially refundable as follows: In the event of cancellation or a “no-show (no-show), the guest will only be reimbursed saved expenses in the amount of 10% of the room price for the entire booking period.

8. If the guest decides to pay for an online reservation directly using an online payment system, it is then no longer possible to change or cancel the reservation online. In the event of a change or cancellation request, the guest must contact the hotel directly. Online reservations are always guaranteed reservations in the meaning of Section III.1 in connection with Section III.3. 

9. Furthermore, B&B is always authorised to cancel an accommodation contract without payment of the aforementioned amounts if there are sufficient indications that the meeting to be held at B&B in pursuance of the accommodation contract is of such different nature than could be expected on the basis of the information supplied by the customer or on the basis of the capacity of the customer or guests that B&B would not have concluded the agreement had it been informed of the actual nature of the meeting. If B&B relies on this authority after the relevant meeting has already started then the customer is held to pay the hospitality services enjoyed thus far, however the payment obligation in respect of the remainder expires. The fee for enjoyed hospitality services is, as the occasion arises, calculated in a time proportionate manner.
 

IV. Arrival and departure

1. B&B generally makes the hotel room available to the guest in the agreed room category with the agreed facilities on the day of arrival from 14.00 but never later than 15.00. The guest is not entitled to an earlier provision of the hotel room. For access to the hotel and the hotel room, the guest receives an access code at check-in either at reception, at the check-in machine located in the hotel, or via online check-in. 

2. On the day of departure, the guest must vacate the hotel room by 12.00, at the latest and leaving it in the same condition as upon arrival. In the event of check-out after 12.00, B&B can charge the guest a fee, which may amount to the cost of a new overnight stay.µ
 

V. Terms of use

1. The maximum occupancy for the respective room category must not be exceeded. Children and babies count as adults in this case because of fire protection regulations that must be observed. 

2. The re-sale, subletting or brokering of booked rooms is prohibited unless the guest and B&B have expressly agreed otherwise in writing. The number of people staying in the hotel room provided must not exceed the number of people specified in the reservation. In the event of a culpable violation by the guest of the aforementioned provisions in this no. V. 2. B&B is entitled to cancel or terminate the accommodation contract and to claim damages from the guest. 

3. The guest must observe the house rules posted during their stay in the hotel. 

4. The guest is held to cooperate with reasonable requests of B&B within the framework of its statutory duties regarding, inter alia, safety, identification, food safety / hygiene and limitation of nuisance.

5. It is prohibited to consume tobacco products (especially cigarettes, cigars and pipes) and tobacco, or smoking substitutes (especially e-cigarettes) in the hotel rooms which are marked as non-smoking rooms. In the event of an infringement, B&B is free to charge the guest for the (basic) cleaning costs for eliminating the consequences of unauthorized consumption or for a flat-rate cleaning fee ("flat-rate compensation").
 

VI. Accommodation prices and prices for additional services 

1. The overnight price to be paid by the guest is the consideration for the provision of the hotel room by B&B during the stay. For each overnight stay – irrespective of the actual use or overnight stay by the guest – a full overnight stay price, , unless otherwise specified in Section III, will be charged. If the guest or their fellow travelers use other services of the hotel (such as breakfast, paid parking, accommodation of pets, etc.), the guest must pay the respective price for these services in addition to the price of accommodation. 

2. The agreed prices or the prices in the B&B price list valid at the time the accommodationcontract was concluded all apply. B&B has the right to increase or decrease prices if there are more than four months between the time of the guest's reservation and the day of arrival. In the event of a price increase of more than 5%, the guest is entitled to a free right of withdrawal, which the guest can exercise, at the latest, within two weeks after the notification of the price increase. The right of withdrawal does not exist, however, if the price increase is solely due to the fact that statutory taxes, fees and charges have increased, which B&B continues to pass on to the guest. 

3. The prices or amounts shown in the reservation include the applicable sales tax as well as all statutory taxes, fees and charges, unless this is expressly stated otherwise. 
 

VII. Terms of payment

1. The accommodation prices and the prices for additional services (such as parking space, breakfast, fees for pets and all other claims that are not expressly stated in the accommodation contract as part of the accommodation price) are due in advance, at the latest, on arrival of the guest at the hotel, regardless of the date of invoicing. If and to the extent that timely payment fails to materialise the customer shall be in default without any notice of default being required. Only if the customer is a natural person (consumer) shall B&B send a one-off notice of default a with a term of at least 14 days to make the payment.

2. If the customer is in default the customer must compensate B&B for any and all costs associated with the collection of the outstanding amount. The extrajudicial collection costs are charged in accordance with the law.

3. The guest and the customer are jointly and severally liable for any and all amounts that one of them or both of them are liable to pay to B&B on any account whatsoever. Accommodation contracts are, barring a provision to the contrary, deemed to also have been concluded on behalf of each and every guest. By showing up the guest confirms that the customer was authorised to represent the same upon the conclusion of the relevant accommodation contract.

4. Without prejudice to Section VII.1., B&B is entitled to require the guest to make an advance payment on the accommodation costs up to the amount of the expected total invoice amount, or to provide adequate security in the form of a credit card deposit. Received security deposits are administered properly, exclusively serve as security for B&B and are expressly not qualified as already realised turnover. By way of additional security of B&B it may require the customer to cooperate in the supply of the required data, including the creation of a print or copy of the credit card of the customer, in order to secure the security deposit and the possibility of securing the levy of execution against the same as much as possible.

5. B&B can recover everything that the customer is liable to pay to the same on any account whatsoever from the amount that was deposited pursuant to the above provisions. The surplus must forthwith be repaid to the customer by B&B.

6. B&B accepts transfers, debit cards (Maestro, girocard etc.) and the following credit cards: Visa, Mastercard and American Express. Other means of payment are only permitted with the consent of B&B. 

7. As long as the customer has not complied with all his obligations vis-à-vis B&B in full, B&B shall be entitled to take possession of and keep any and all goods that the customer brought along to B&B until the customer has complied, to the satisfaction of B&B, with all his obligations vis-à-vis B&B. Apart from a right of retention B&B is, as the occasion arises, entitled to a right of pledge on the relevant goods.
 

VIII. Special conditions for group trips

1. The following term “tour group” refers to a group of at least 15 guests for whom there is a reservation of at least eight (8) rooms. Deviating from or in addition to the above regulations, the following applies to a travel group: 

2. When making a reservation, a contact person ("overall manager") must be appointed for the travel group to correspond with B&B. 

3. Before the travel group arrives, B&B must be presented with a list of names with all participants. 

4. With the reservation confirmation by B&B, the person in charge receives the information about the reservation, information about the check-in as well as, if applicable, the security deposit and other payment conditions. Reservations by travel groups are always guaranteed reservations in the meaning of Section III.1. 

5. The total amount of the accommodation costs must be paid by bank transfer or by credit card to the B&B bank account specified in the reservation confirmation, otherwise B&B will inform the person responsible after the reservation. Any fees for foreign transfers that were charged to B&B for the payment of the travel group must be paid in full by the travel group and no later than upon arrival at the hotel. 

6. The overnight costs of the travel group, including costs for additional services within the meaning of Section VII.1. are due for payment in advance, at the latest 28 days before the day of arrival or, if the reservation is made less than 28 days before, on the day of arrival, regardless of the date of invoice. If and to the extent that timely payment fails to materialise the customer shall be in default without any notice of default being required. Only if the customer is a natural person (consumer) shall B&B send a one-off notice of default with term of at least 14 days to make the payment.

7. The tour group can cancel or change their reservation free of charge for bookings of 60 rooms up to eight (8) weeks before; between 40 and 59 rooms up to six (6) weeks before; and between eight (8) and 39 rooms up to four (4) weeks before the arrival day. Regardless of the number of reserved rooms, the tour group can cancel, for free, a maximum of two (2) rooms up to three (3) days before the arrival date. In the event of late cancellations or no-shows, the overnight-stay price for the cancelled or unused rooms for the entire booking periodis to be paid, as part of the cancellation / no-show fee.

8. B&B generally makes the booked hotel rooms available to the tour group on the day of arrival from 14.00, but never later than 17.00. 

9. B&B is entitled to a security deposit of up to €500 per travel group for any additional services within the meaning of Section VII.1 upon arrival of the travel group at the hotel (e.g. by credit card), as well as for any other costs (in the event of damage, etc.). Received security deposits are administered properly, exclusively serve as security for B&B and are expressly not qualified as already realised turnover. By way of additional security of B&B it may require the customer to cooperate in the supply of the required data, including the creation of a print or copy of the credit card of the customer, in order to secure the security deposit and the possibility of securing the levy of execution against the same as much as possible.

10. B&B can recover everything that the customer is liable to pay to the same on any account whatsoever from the amount that was deposited pursuant to the above provisions. The surplus must forthwith be repaid to the customer by B&B.

11. The tour group receives collective invoices from B&B, which are given to the person in charge. 
 

IX. Special conditions for trade fair and event times 

1. B&B will inform the guest about the location of events and trade fairs in relation to the hotel at any time on request, and, at the latest, when making a reservation. Deviating from or in addition to the above regulations, the following applies during trade fair and event times: 

2. Only guaranteed reservations are possible for overnight stays. Simple reservations cannot be made. 

3. The guest can only cancel or change the reservation free of charge up to a point in time before the day of arrival and only if such a point in time is indicated in the reservation confirmation and allows for a free cancellation or a change; otherwise no free cancellation or change is possible. As part of the booking process, the guest will also be informed if there is a cancellation period. In the event of later cancellations or no-show by the guest, the overnight price for the cancelled or unused rooms for the entire booking period, , is to be paid as the cancellation or no-show fee.

4. The accommodation costs, including costs for additional services, as referred to in paragraph VII.1., are due for payment in advance and at the latest by the end of the day on which free cancellation is possible before the arrival date. If no free cancellation or change is possible, payment is due immediately, regardless of the invoicing date.  If and to the extent that timely payment fails to materialise the customer shall be in default without any notice of default being required. Only if the customer is a natural person (consumer) shall B&B send a one-off notice of default if payment fails to materialise with a term of at least 14 days to make the payment.

5. If the customer is in default the customer must compensate B&B for any and all costs associated with the collection of the oustanding amount. The extrajudicial collection costs are charged in accordance with the law.
 

X. Force majeure

1. Each and every foreseen or unforeseen, foreseeable or unforeseeable, circumstance that hinders the implementation of the accommodation contract by B&B such that the implementation of the accommodation contract becomes impossible or burdensome shall be qualified as force majeure on the part of B&B that implies that a potential thus occurring shortcoming of B&B cannot be blamed on the same.

2. If one of the parties to a accommodation contract is unable to comply with an obligation by virtue of the said accommodation contract then this party is held to forthwith inform the other party accordingly.
 

XI. Liability of B&B

1. B&B shall be liable vis-à-vis the guest for damages that are the result of a failure of B&B to comply with the agreement, unless the said failure cannot be blamed on B&B or to persons on whose assistance B&B relies during the implementation of the agreement.

2. B&B shall not be liable for damage to or loss of goods that were taken to the B&B by a guest who is staying there. The customer indemnifies B&B against claims of guests in connection therewith. The provisions set forth here are not applicable to the extent that the damage or the loss can be blamed on intentional or gross negligence of B&B.

3. B&B shall not be liable for damage caused to or by vehicles of the guest barring if and to the extent that the damage is the direct result of intentional or gross negligence of B&B.

4. B&B shall not be liable for damage, directly or indirectly, caused to whomever or whatever as a direct or indirect result of a defect or capacity or circumstance of, in or at a movable or immovable property of which B&B is the holder, lessee, leaseholder or owner or that is otherwise available to B&B, barring if and to the extent that the damage is the direct result of intentional or gross negligence of B&B.

5. Liability of B&B is limited to the amount that can reasonably be insured.

6. If faults or defects occur in the services of B&B, the guest must immediately notify B&B or the hotel staff on site. Only if the guest gives notice of it immediately, B&B will endeavor to fix the situation. The guest is obliged to make a reasonable contribution to correct the fault and to keep any damage to a minimum. 

7. If the guest is provided with a parking space in the hotel garage or in the hotel car park, available for a fee, this is not part of a binding contract. In the event of loss or damage to motor vehicles parked or maneuvered on the hotel property, along with their contents, B&B is only liable in accordance with Section XI.2up to and including 4.

8. Messages, mail and consignments for guests are handled with care by the hotel. In order to accept and store mail and goods for the guest, prior consultation with the hotel is required. However, there is no obligation on the part of the hotel to accept and store these. The above implies that B&B shall not be responsible and/or liable for damage to or loss or theft of any good of the guest that B&B rejected to take receipt of and/or retain.
 

XII. Liability of the guest and/or customer

The customer and the guest and those accompanying the same are jointly and severally liable for any and all damages that are and/or shall be inflicted on B&B and/or a third party as a direct or indirect result of an imputable failure to comply and/or an unlawful act, including a violation of the internal rules, committed by the customer and/or the guest and/or those accompanying the same and also for damages that are inflicted by an animal and/or a good of which they are the holder or that falls under their supervision.
 

XIII. Theft and damage

In the event of theft or damage to belongings as well as in the event of fire, water damage or other damage in the hotel room, the guest must immediately inform the hotel staff. 
 

XIV. Pets

Bringing dogs and cats (hereinafter referred to as "pets") requires prior notification by the guest; for other animals, please contact B&B with a precise description of the species, whereby in all cases B&B can refuse consent at any time and without giving reasons. Each single room can take a maximum of one pet, while a double room can take two pets. For each animal and pet, an additional fee is payable. B&B will notify the guest of this amount. Guide-, hearing- and comparable service dogs, on which the guest is demonstrably dependent for support , are exempt from the fee.
 

XV. Termination of the accommodation contract

1. B&B is authorised to always, without taking a notice period into account, terminate the provision of hospitality services to a guest if the guest acts in breach of the internal rules and/or the rules of conduct or otherwise acts in such manner that the order and the rest within B&B and/or the normal exploitation thereof are disrupted. As the occasion arises the guest must on demand leave B&B. If the customer otherwise fails to fully comply with his obligations vested in the same vis-à-vis B&B on any account whatsoever then B&B is entitled to suspend the provision of services. B&B can only exercise the present authorities if the nature and the seriousness of the violations committed by the guest give, at the reasonable discretion of B&B, sufficient cause to the same.

2. After consultation with the competent local authorities B&B shall be authorised to rescind the accommodation contract extrajudicially on account of well-founded fear for disruption of the public order. If B&B relies on this authority then B&B shall not be liable to pay any compensation to the customer.
 

XVI. Data protection, minors

Responsible for the processing of personal data ("data processing") will be the legal entity mentioned in the reservation. The guest can find further information on the B&B website, within the data protection information section and as part of the booking process. Minors may not transmit personal data to B&B without the consent of their legal guardians. As part of the conclusion and processing of accommodation contracts, B&B does not process knowingly obtained personal data from minors.
 

XVII. General provisions 

1. Dutch law is exclusively applicable to accommodation contracts.

2. In case of disputes between B&B and a customer (not being a natural person who does not act within the performance of a business or profession) the competent court in the place of establishment of B&B is exclusively competent, unless mandatory statutory provisions designate a different competent court and without prejudice to the authority of B&B to have the dispute settled by the court that would have been competent failing this clause.

3. Any and all claims of the customer expire after a period of one year has lapsed since they arose.

4. Any and all claims of the customer become time-barred after a period of one year from the time they arose.

5. The invalidity of one or more of the provisions of these general terms and conditions shall not affect the validity of all other provisions. If a provision of these general terms and conditions appears to be invalid, for any reason whatsoever, then the parties are deemed to have stipulated a valid alternative provision that best approaches the scope and application of the invalid provision.    

 

 (Act 17.06.2021)