Adina Apartments Copenhagen Copenhagen, Denmark

Terms and conditions

Terms and Conditions Adina Hotel Operations GmbH 

I. Scope of validity 1. 

These general terms and conditions are applicable to contracts for the letting of guest rooms at this hotel for the purpose of accommodation and for all other services rendered and deliveries made by it to its guests. 

2. 

The hotel's prior written consent shall be required to any sub-letting of the premises booked, to their use for any purposes other than accommodation, for public invitations, other promotional activities, job-seeking interviews, sales and similar events and for the use of hotel space outside the premises booked for activities of the above nature. An additional charge may be billed for such uses. § 540 para. 1, second sentence BGB (German Civil Code) does not apply unless the customer is the consumer.  

3. 

General terms and conditions of the customer shall only apply if this was expressly agreed beforehand. 

 

II. Closing, contracting parties, limitation of actions 1. 

A contract comes into effect through acceptance by the hotel of the customer's order. The hotel is free to confirm room bookings in writing. 

2. 

Where a customer wishes to book more than 10 nights, written acceptance by the hotel is required in order for the contract to come into effect. Where such written acceptance is at variance with the customer's order, it constitutes a new application by the hotel to which the latter feels bound for 5 business days unless it is revoked vis-à-vis the customer before that deadline. 

3. 

Where a customer books through a third party, the latter is liable to the hotel together with the customer as joint and several debtors for all obligations under the contract provided that the hotel has obtained a corresponding declaration from the third party concerned. 

4. 

The customer is obligated to inform the hotel, without being especially asked to do so, no later than at closing if any of his/her activities at the hotel are apt to affect the hotel's business activities, security or public image. 

5. 

All claims against the hotel become statute-barred, as a matter of principle, within one year of the commencement of the regular period of limitations pursuant to § 199 para. 1 BGB provided that the claimant is aware of that period. Claims for damages shall become statute-barred, irrespective of such awareness, within 5 years. Reduced periods of limitation are not applicable to claims based on any deliberate or grossly negligent breach of duty by the hotel. 

 

III. Services, prices, payment and set-off 1. 

The customer is obligated to pay the hotel's prices applicable to and/or agreed for the use of the room and for the additional services claimed by him/her. This shall also apply to services rendered and amounts advanced by the hotel to third parties on the customer's instructions. The agreed prices are inclusive of the applicable sales tax and/or VAT. 

2. 

If there is an interval of more than four months between closing and performance and if during that period a change occurs to the statutory sales tax and/or VAT, the prices shall be adjusted accordingly. 

3. 

If the interval between closing and performance exceeds four months and if there is an increase in the price generally charged by the hotel for the given service, the hotel may reasonably raise the contractually agreed price, not, however, by more than 5%. This upper limit shall increase by 5% in respect of any one year by which the interval between closing and performance exceeds the above four-month period. No account is taken, in this context, of price changes made pursuant to para. 2. 

4. 

Moreover, the hotel may change its prices if the customer, with the hotel's concurrence, subsequently modifies his/her order in terms of the number of rooms, the scope of the hotel's services or the length of stay. 

 

 

 

 

5. 

The hotel's bills shall be due and payable without deductions, unless agreed otherwise, upon receipt. A bill is deemed received by the customer no later than 3 days after its dispatch unless earlier receipt can be proven by the hotel or later receipt by the customer. 

6. 

The hotel may at any time declare accrued accounts receivable mature and ask for immediate payment. In case of default in payment, the hotel is entitled to charge the applicable statutory default interest. The hotel reserves the right to furnish proof of a heavier loss.  

7. 

The customer shall refund dunning charges to the Hotel for each reminder after default has occurred in an amount of € 5,-. The customer is free to prove that substantially lower or no charges at all have been occurred. 

8. 

The hotel is entitled to ask, at closing or thereafter, for a reasonable down payment or security of up to 100% of the expected payment obligation, taking account of the statutory provisions governing package arrangements. The amount of such down payment and the dates of payment may be specified in the contract in writing. The hotel may, before rendering its services, require the customer to present a valid credit card. 

9. 

Only uncontroversial or non-appealable claims may be set off by or credited to the customer against claims of the hotel. 

 

IV. Customer's withdrawal (countermanding, cancellation) and failure to claim hotel services 1. 

For withdrawal from the contract concluded with the hotel the customer requires the latter's written consent. If it is withheld, the contractually agreed price shall be payable even if the customer does not claim the services contracted for. This shall not apply if the hotel infringes its obligation to take account of the customer's rights, objects of legal protection and interests provided that the customer cannot therefore be expected to adhere to the contract or is entitled to another statutory or contractual right of withdrawal. 

2. 

Where the hotel and the customer have agreed in writing on a date by which the latter may withdraw from the contract without a charge, the customer may do so by that date without triggering payment or compensation claims of the hotel. The customer's right of withdrawal lapses if he/she fails to exercise that right vis-à-vis the hotel in writing by the agreed deadline unless the withdrawal is governed by para. 1, third sentence. 

3. Where a customer does not claim a room booked, the hotel shall allow for its income from the alternative letting of that room and the expenses saved. 

4. 

The hotel is free to ask for the contractually agreed charge and to consolidate the discount for expenses saved into a lump sum. In the event of non refundable bookings the customer is obligated to pay 100%, however at least 90%, of the contractually agreed price for the entire stay with or without breakfast. In the event of guaranteed bookings (free cancellations up to 24 hours prior to arrival), the customer is obligated to pay 100%, however at least 90%, of the contractually agreed price for the first night with or without breakfast. For lump-sum arrangements including outsourced services, the customer is obliged to pay 70% for halfboard and 60% for full-board arrangements. The customer is free to prove that the above claim has not arisen at all or not in the amount claimed. The Adina Apartment Hotels in Germany offer their customers in cooperation with Allianz ELVIA a hotel cancellation insurance, which covers incurring costs. Detailled information can be requested at one of the hotels at any time. 

 

V. Withdrawal by the hotel and unauthorised events 

1. 

Where it was agreed in writing that the customer may withdraw free of charge by a certain deadline, the hotel is for its part entitled to withdraw from the contract if there are inquiries by other customers about contractually booked rooms and the customer, on inquiry by the hotel, refuses to waive his/her right to withdraw. The same shall analogously apply where the customer has been granted an option, but is not prepared, on inquiry by the hotel, to make a firm booking in a situation where the hotel has other inquiries. 

2. 

Where a down payment that has either been agreed or is asked for pursuant to section III para. 8 is not made even after expiry of a reasonable extension granted by the hotel, the hotel may likewise withdraw from the contract. 

3. 

Moreover, the hotel may withdraw from the contract for an extraordinary cause, i.e. a cause supported by facts, which shall be deemed to exist e.g. if the performance of a contract is rendered impossible by force majeure or other circumstances for which the hotel is not answerable, if hotel services are booked on the basis of the misleading or false presentation of material facts, e.g. relating to the customer's identity or the purpose of his/her stay, if the hotel has reason to believe that the use of its services is apt to affect its business operations, security or public image provided the cause is not rooted in the hotel's sphere of control and/or organisation, or if there is an infringement of section I, para. 2. 

4. 

The hotel is free to stop and/or break off unauthorised job-seeking interviews or promotional and similar events. 

5. 

The customer may not claim damages if the hotel withdraws for good cause or breaks off an unauthorised event pursuant to the above para. 4. 

6. 

In the event that the hotel is entitled to damages from a customer in the context of a withdrawal pursuant to the above paras. 2 or 3, it may consolidate its claim into a lump sum. In that case, section IV para. 4, second and third sentences, shall analogously apply. 

 

VI. Provision, hand-over and return of guest rooms 

1. 

The customer does not acquire a claim to the provision of a certain room. 

2. 

Booked rooms are available from 2 p.m. on the agreed day of arrival. There is no claim to earlier availability. Unless a later time of arrival has expressly been agreed or the given room has been paid for in advance, the hotel may make alternative arrangements for the booked room after 6 p.m. without giving rise to a claim by the customer against it. Claims of the hotel under section IV are not affected by the above provision. The hotel is not obligated to make alternative arrangements for unclaimed rooms. 

3. 

The rooms shall be vacated no later than by 11.00 a.m. on the agreed day of departure. Unless the room is vacated by that hour, the hotel may, if it is vacated by 4 p.m., charge 50% of the full room rate for its use beyond the hour contracted for and the full room rate beyond that hour. This does not give rise to any contractual claims of the customer. He/she is free to prove that the hotel has no claim to the charge asked for or that its claim is substantially lower. 

 

VII. Liability by the hotel 1. 

The hotel is liable for its contractual obligations with the diligence of a prudent businessman. Claims for damages by the customer are ruled out. Exempt are damages associated with the loss of life, bodily harm or injury to health if the hotel is answerable for the underlying breach of duty. Likewise exempt are damages based on a deliberate or grossly negligent breach of duty by the hotel and damages based on a deliberate or negligent breach by the hotel of duties typically associated with a contract of the given kind. 

A breach of duty by the hotel shall be deemed on a par with a corresponding breach by one of its legal representatives or vicarious agents. In case of interference with or shortcomings of the hotel's services, the hotel shall endeavour, on learning or promptly being notified thereof by the customer, to take remedial action. The customer is obligated to reasonably assist in putting an end to the disturbance and in minimising any potential damage. Moreover, the customer is obligated to draw the hotel's attention in time to the possible occurrence of an exceptionally heavy loss. 

2. 

The hotel's liability to its customers for objects brought in is governed by the applicable statutory provisions, viz. up to one hundred times the room rate, but not to exceed € 3.500, and for money, securities and valuables up to € 800. Liability claims lapse if the customer fails to notify the hotel immediately after learning of the loss, destruction or damage (§ 703 BGB). Where a more extensive liability of the hotel is concerned, the second to fourth sentences of the above para. 1 shall analogously apply. The hotel recommends placing money, securities or valuables in its central safe or the room safe. 

3. 

Objects left behind are sent on only at the customer's request, risk and costs. The hotel shall safe-keep such objects for a period of six months after communicating the find to the entitled party or the competent authority. Upon expiry of that time limit, the finder acquires ownership of the object if the identity of the entitled party has not been established or if that party has failed to file his/her claim with the competent authority. Sentences 2 to 4 of the above para. 1 shall analogously apply. 

4. 

Where the hotel provides car parking space at its garage or parking lot, this does not give rise to a custody agreement even if a charge is billed therefor. The hotel is not obligated to guard such parking sites. It is not liable for any loss of or damage to motor vehicles parked or stopping on the hotel's grounds and their contents except in case of intent or gross negligence. Sentences 2 to 4 of the above para. 1 shall analogously apply. Incidents of this kind shall promptly be communicated to the hotel. In all other respects, the conditions governing contracts for and the use of parking space on display at the hotel's garage shall apply. 

5. 

Requests for wake-up calls are attended to with the diligence of a prudent businessman. Messages, mail and deliveries addressed to guests are handled with care. The hotel shall deliver and/or store such items and shall, on request and for a charge, send them on. 

Sentences 2 to 4 of the above para. 1 shall analogously apply. 

 

VIII. Final provisions 1. 

Modifications of or amendments to a contract or the present terms and conditions governing admission to this hotel shall require the textual form in order to be effective. Unilateral modifications or amendments by the customer are ineffective. 

2. 

The place of fulfilment and payment shall be the hotel's domicile. 

3. 

Exclusive venue - including for disputes involving cheques - shall be, in commercial intercourse, the hotel's domicile. The same applies if the customer has no general venue inside the country, thus satisfying the requirement of § 38 para. 2 ZPO (Code of Civil Procedure). 

4. 

German law shall apply. UN law on the international sale of goods and the conflict of law rules may not be invoked. 

5. 

Should individual provisions of these general terms and conditions governing admission to this hotel be or become ineffective or void, the effectiveness of their remaining provisions shall not be affected thereby. In that case the Parties shall agree on a new arrangement which comes as close as possible to the meaning of the ineffective provision. 

 

 

Terms and Conditions Adina Apartment Hotel Copenhagen 

 

 

Framework agreement between  

Danmarks Rejsebureau Forening; DRF (Association of Danish 

Travel Agents and Tour Operators) and  

Hotel-, Restaurant- & Turisterhvervet; HORESTA (Association of the Hotel, Restaurant and Tourism Industry in Denmark) 

§ 1  

Validity  

The framework agreement shall be valid unless the hotel and travel agency have partially or completely receded from it.  

§ 2  

Definitions  

§ 2.1  

A temporary reservation agreement, including allotment, shall be interpreted as an offer which is binding for the hotel and which can be limited time-wise. The agreement shall cease to exist when the deadline expires. If there is no time limitation, it shall expire on the last day when a timely cancellation can take place without any fee(s) being charged.  

§ 2.2  

The reservation agreement shall be interpreted as the hotel's written confirmation of the agency’s written order or as the agency’s written acceptance of the hotel’s written offer.  

 

Hotel services shall be interpreted as any service which the hotel must produce in accordance with the reservation agreement or the preliminary reservation which must list the time of delivery, number and price.  

§ 2.4  

A hotel package deal shall be interpreted as a hotel service consisting of a room and one or more additional services as for instance meals, rooms, entertainment and external services which are priced as one.  

§ 2.5  

The hotel arrangement shall be interpreted as the hotel services covered by a reservation agreement.  

§ 2.6  

External services shall be interpreted as services which the agency requests the hotel to order and which are delivered by third parties, but which are not invoiced by the hotel.  

Prepared for the use of HORESTA members – copyright 

HORESTA  

§ 2.7  

A net price is a non-commissionable price.  

§ 2.8 

The reservation fee is the fee which the hotel may charge for entering into a reservation agreement. In order to be enforceable, the reservation fee must appear from a possible preliminary reservation agreement and from the actual reservation agreement. The fee shall be deducted from the final invoice but will not be refunded in the case of a cancellation. Should an agreed-upon reservation fee not be paid in time, a possible preliminary reservation fee and the reservation agreement will cease to exist.  § 2.9 

The deposit and prepayment shall be interpreted as the fees which the hotel may charge for entering into a reservation agreement. In order to be enforceable, the deposit and prepayment must appear from a possible preliminary reservation agreement and the actual reservation agreement. The fee shall be deducted from the final invoice and shall be refunded in the case of a timely cancellation. In case an agreed-upon deposit or prepayment are not paid on time, this will constitute a cancellation.  

Normally, the member hotels do not charge any reservation fees, deposits or prepayment to members of DRF.  

§ 2.10 

A guarantee shall be interpreted as a guarantee for full or partial fulfilment of the reservation fee.  

§ 2.11  

A guest shall be interpreted a person for whom the hotel services have been ordered.  

§ 2.12 

Individuals shall be interpreted as guests who are covered by the same reservation agreement which shall cover no more than 14 

guests.  

§ 2.13  

A group shall be interpreted as at least 15 guests who are covered by the same reservation agreement with by and large the same arrival and departure dates and who pay together. The parties shall state in the preliminary reservation and in the reservation agreement which cancellation rules a certain group is covered by, cf. encl. 1. If this is not the case, the group shall be covered by the cancellation rules listed in section 15.  

The reservation agreement shall not lose its original designation as a group due to a full or partial cancellation.  

§ 2.14  

Free service shall be interpreted as the free ticket in connection with an event booked which the hotel will make available free of charge to the agency for every 21st guest in a group for a travel guide, a driver or an agency representative who is with the group throughout the entire event.  

Prepared for the use of HORESTA members – copyright 

HORESTA  

§ 2.15 

A conference shall be interpreted as individually paying guests covered by the same reservation agreement when the agency has reservation agreements in connection with the event with one or more hotels or in cases where the parties agree to call the event a conference.  

The parties shall list the cancellation rules which a conference is covered in the preliminary reservation and in the reservation agreement, cf. encl. 2. If this is not done, the conference shall be covered by the cancellation rules listed in section 16.  

The reservation agreement shall not lose its original designation as a conference due to a full or partial cancellation.  

§ 2.16  

A locked-in, booked event shall be interpreted as the hotel services to be performed in accordance with the reservation agreement at the latest time when the entire event can be cancelled without any fees being charged.  

§ 2.17 

The arrival date shall be interpreted as the first day when the hotel shall deliver its services in accordance with the reservation agreement.  

§ 2.18  

The departure date shall be interpreted as the last day when the hotel shall deliver its services in accordance with the reservation agreement.  

§ 2.19 

A No Show shall be interpreted as an instance in which a guest stays away from a hotel service covered by a reservation agreement.  

§ 2.20  

A relocation shall be interpreted as the hotel placing hotel services with other hotel than the one which is listed in the reservation agreement.  

§ 2.21  

A cancellation shall be interpreted as a case where the agency performs a complete or partial cancellation, reduction or similar change of the hotel services agreed upon.  

Hotel package deals can only be cancelled as an entire unit.  

§ 3  

Prices  

Prices listed in the reservation agreement can be changed until 30 days prior to the arrival date in the case of the following:   the introduction of new or changes to existing public taxes and fees which take effect before the arrival date;    an index adjustment of the net price index published by Danmarks Statistik (Statistics Denmark) if the reservation agreement was executed more than two (2) years prior to the arrival date.  

  appreciation and/or depreciation of a possible agreedupon currency other than DKK; and   

 in the case of acts of God.  

The price agreed upon in the reservation agreement may not be revealed to the guest.  

 

agreement shall state that the price is a net price if this is the case.  

 

§ 4  

List of names  

A list of names stating the agreed-upon or preferred room types shall be submitted to the hotel no later than 14 days prior to the arrival.  

If the agency fails to submit the list of names in time, the hotel shall be able to request this in writing. If the agency does not react to the request no later than two (2) weekdays after having received the said request, this shall constitute a cancellation of all the hotel services covered by the reservation agreement.  

It shall be attempted to correct difficulties arising due to a lack of room specifications and lists of names or due to such specifications/lists having been submitted too late, but the hotel shall not be responsible for such difficulties.  

 

§ 5  

Usage of the hotel room by the guest  

The room shall be available to the guest no later than at 3 p.m. on the arrival date.  

The guest shall check out no later than at 12 noon on the departure date. The hotel shall be entitled to additional payment from the guest if he/she wishes to use or actually uses the room outside these hours without any prior agreement on this.  

Unless otherwise agreed upon or unless a late arrival has been guaranteed, the hotel shall have complete assignment right and right of disposal of the booked room if the guest fails to check in no later than at 6 p.m. on the arrival date. The agency’s compensation shall be settled in accordance with the cancellation rules which apply to the reservation agreement.  

 

§ 6  

Relocation  

Guests can only be relocated as a rare exception. If this takes place, the hotel shall immediately and in the case of groups and conferences inform the agency of the relocation no later than five (5) days before the arrival. Guests can only be relocated to a hotel of the same or better quality, and this hotel shall insofar as possible be located in the vicinity of the hotel.  

Prepared for the use of HORESTA members – copyright 

HORESTA  

Any possible relocation shall insofar as possible apply to all the hotel services in accordance with the reservation agreement.  

The hotel shall pay for any documented additional expense(s), including any possible legal requirements which the relocation will result in for the agency or the guest.  

 

§ 7 

Invoicing and payments  

The invoices of the hotel shall be paid on the agreed-upon time. If a specific time of payment has not been agreed upon, the payment shall take place no later than 30 days from the date of invoice. In the case of late payment, the hotel shall be entitled to charge penalty interest in accordance with the Danish act on interest.  

Unless a prepayment, deposit(s) or the like have been agreed upon, the hotel shall not charge the agency until the day when the guest leaves the hotel. However, in the case of guests staying at the hotel for more than 14 days, charges will be made while the guest is still staying at the hotel.  

If a guest pays for the hotel services himself/herself, the hotel shall pay the commission to the agency no later than 30 days after the guest has left.  

 

§ 8 

Commission  

The hotel shall pay a commission to the agency for rooms which have been paid for and which form part of the reservation agreement.  

The hotel shall pay a commission of half of the agreed-upon commission on rooms for meals, drinks, hotel package deals and rooms for special functions covered by the reservation agreement.  

If the agency does not accept liability in relation to or is not in charge of the contact with the client, the hotel shall pay the agency a commission of up to half of the commission which would otherwise have applied.  

The agency shall not be entitled to commission on net prices, external services and other hotel services.  

The agency shall be entitled to commission if guests extend their stays.  

The commission shall be paid to the agency via the invoice or in the form of a credit note no later than 30 days after the guest’s departure. 

 

§ 9 

Responsibilities of the hotel 

The hotel shall not be entitled to take initiatives aimed at making guests refrain from making reservations through the agency.  

 – copyright 

HORESTA  

The hotel shall not be responsible for the guests' possessions during their stay unless the hotel or its employees have acted negligently or unless the said possessions are in the custody of the hotel.  

The hotel shall pass along to the agency questions regarding reservations for and changes of a hotel event which for sure has already been covered by a reservation agreement.  

When the guest arrives, the hotel shall ask the guest to pay for his/her entire stay if the guest is to pay for the stay himself/herself.  

In the case of conferences, the hotel shall ask guests who do not have a reservation whether they have a reservation with another hotel.  

 

§ 10 

Loss limitation  

In the case of a cancellation, the hotel shall attempt to limit the loss by selling the service to another party.  

If the agency can assign a similar hotel event to the same price and at the same extent as the cancelled event, the hotel shall accept this unless the service has already been sold to a third party in full or in part.  

The hotel shall upon request prove that the room has not been let at the same price.  

 

§ 11 

Agency responsibilities  

The agency shall not attempt to make a guest refrain from reserving hotel services directly from the hotel.  

The agency shall not enter into reservation agreements for guest(s) with the same name during the same period of time at several hotels.  

The agency shall upon request from the hotel update its information about the hotel as regards prices, facilities, etc.  

The agency shall not sell hotel services with misleading names.  

The agency shall inform guests in writing who are to pay the hotel directly for the hotel services that the guest is liable for the entire period reserved irrespective of whether the guest chooses to arrive later or leave earlier than what has been listed in the reservation agreement and that the guest will be charged for and must pay for the entire reserved period no later than on the day of departure.  

The agency shall give the hotel information to ensure payment of hotel services as for instance credit card information and the like which appears from the agreement or other correspondence between the agency and the guest.  

Prepared for the use of HORESTA members – copyright HORESTA  

 

§ 12 

Breach of contract 

In the case of a breach of contract, the party in violation shall remedy the breach immediately after discussing the case with the violated party.  

Repeat or significant breaches of contract shall entitle the parties to cancel the reservation agreement. The violating party shall compensate the violated party for the documented loss suffered by the said violated party due to the breach of contract.  

 

§ 13  

Acts of God 

In the case of highly unusual matters outside the control of the parties (Acts of God), the parties shall be able to cancel the reservation agreement free of charge.  

 

§14  

Cancellation of individual guests 

The agency shall be entitled to cancel a reservation agreement on behalf of individual guests until 6 p.m. the day before the arrival.  

In the case of a later cancellation, the hotel shall be entitled to compensation corresponding to the price of the hotel services booked for the first 24 hours.  

 

§15 

Cancellation of groups  

Unless other cancellation deadlines have been agreed upon (see enclosure 1), the below cancellation terms apply to all groups.  

In order for a cancellation to not incur any charge(s), the hotel must have been notified of it no later than at 4 p.m. on the day of the last timely cancellation as stated in the stipulations regarding this.  

 Up until and including 30 days prior to arrival, the agency shall be free to cancel the reservation agreement for a group.  

 After this point in time, no more than 50% of the lockedin, booked hotel event can be cancelled in accordance with the following rules:  

 After 30 days up until 20 days prior to arrival, the agency shall be entitled to cancel up to 50% of the locked-in, booked hotel event free of charge.  

 After 20 days up until 10 days prior to arrival, the agency shall be entitled to cancel up to 25% of the locked-in, booked hotel event free of charge.  

 After 10 days up until 5 days prior to arrival, the agency shall be entitled to cancel up to 10% of the locked-in, booked hotel event free of charge.  

 After 5 days up until 3 days prior to arrival, the agency shall be entitled to cancel up to 5% of the locked-in, booked hotel event free of charge.  

In the case of later cancellations, the hotel shall be entitled to compensation corresponding to ¾ of the price of the hotel services covered by the locked-in, booked event which was cancelled too late. However, the minimum charge shall be an amount which corresponds to the full price for the busiest 24-hour period covered by the agreement.  

In the case of no shows, late arrivals and early departures, the hotel shall be entitled to compensation corresponding to the full price of the locked-in, booked event.  

 

§ 16  

Cancellation of conferences  

Unless other cancellation deadlines have been agreed upon (see enclosure 2), the below cancellation terms apply to all conferences:  

In order for a cancellation to not incur any charge(s), the hotel must have been notified of it no later than at 4 p.m. on the day of the last timely cancellation as stated in the stipulations regarding this.  

Up until and including 30 days prior to arrival, the agency shall be free to cancel the reservation agreement for conferences.  

 After this point in time, no more than 50% of the lockedin, booked hotel event can be cancelled in accordance with the following rules:  

 After 30 days up until 20 days prior to arrival, the agency shall be entitled to cancel up to 50% of the locked-in, booked hotel event free of charge.  

 After 20 days up until 10 days prior to arrival, the agency shall be entitled to cancel up to 25% of the locked-in, booked hotel event free of charge.  

 After 10 days up until 5 days prior to arrival, the agency shall be entitled to cancel up to 10% of the locked-in, booked hotel event free of charge.  

 After 5 days up until 3 days prior to arrival, the agency shall be entitled to cancel up to 5% of the locked-in, booked hotel event free of charge.  

 In the case of a later cancellation, the hotel shall be entitled to compensation corresponding to the price of the hotel services booked for the first 24 hours.  

In the case of late arrivals and early departures, the hotel shall be entitled to compensation corresponding to the full price of the locked-in, booked event, cf. sections 9 and 11.  

In the case of no shows, the hotel shall be entitled to compensation corresponding to 50% of the price of the hotel services booked but no less than the price of the hotel services booked for the first 24hour period. Any possible credit card costs in connection with the payment of the balance by the guest shall be borne by the hotel.  

 

 

§ 17  

Cancellation of external services  

The agency shall compensate the hotel for any costs for services which in accordance with the reservation agreement shall be delivered by a third party when the hotel cannot cancel such services.  

 

§ 18  

Arbitration  

Disputes shall be settled by arbitration.  

The party requesting arbitration shall inform the other party of this in writing including which questions he/she wishes to bring before the arbitration tribunal and who he/she would like to use as an arbitrator.  

The other party shall subsequently and no later than ten (10) business days inform the party requesting arbitration who the said other party would like to use as an arbitrator. If no arbitrator has been suggested before the above-mentioned deadline, the umpire shall be entitled to appoint an arbitrator.  

Subsequently, the arbitrators shall appoint an umpire within 14 days after this point in time, or, if two arbitrators have not been appointed, one arbitrator shall do so. The umpire shall be a lawyer or meet the general rules for being a judge. If the parties cannot agree on this, the President of the Danish Maritime and Commercial Court in Copenhagen shall be requested to appoint an umpire.  

The umpire shall lay down the specific rules regarding the procedure of the arbitration tribunal's hearing of the dispute and the location where the case shall be heard. When making a decision, the arbitration tribunal shall apply this agreement and the current 

Danish legislation. The languages used in court shall be Danish or English. The ruling of the arbitration court shall be final and binding.  

The arbitration tribunal shall stipulate the costs of the arbitration and normally splits these evenly between the parties.  

 

§ 19  

Notice of termination  

This agreement cannot be terminated until 31 December 2006. This present agreement can subsequently be terminated at six months’ notice before January 1 of any year.  

 

contracts executed after this point in time.  

Prepared for the use of HORESTA members – copyright HORESTA  

 

§ 20  

Transfer stipulation in the case of a termination  Should this present agreement be terminated to take effect when it expires and if the parties have not entered into a new agreement, the stipulations of this present agreement shall apply until a new agreement has been executed.  

  

Enclosure 1 - Group cancellation stipulations  

 parties can choose the following cancellation stipulations 

instead of the general cancellation stipulations in section 15 of the agreement:  

A. - The 15 day rule  

In order for a cancellation to not incur any charge(s), the hotel must have been notified of it no later than at 4 p.m. on the day of the last timely cancellation as stated in the stipulations regarding this.  

Up until and including 15 days prior to arrival, the agency shall be free to cancel the reservation agreement for a group. After this point in time, no more than 50% of the locked-in, booked hotel event can be cancelled in accordance with the following rules:  

 After 15 days up until 10 days prior to arrival, the agency shall be entitled to cancel up to 50% of the locked-in, booked hotel event free of charge.  

 After 10 days up until 5 days prior to arrival, the agency shall be entitled to cancel up to 25% of the locked-in, booked hotel event free of charge.  

 After 5 days up until 3 days prior to arrival, the agency shall be entitled to cancel up to 10% of the locked-in, booked hotel event free of charge.  

 After 3 days up until 1 day prior to arrival, the agency shall be entitled to cancel up to 5% of the locked-in, booked hotel event free of charge.  

In the case of later cancellations, the hotel shall be entitled to compensation corresponding to ¾ of the price of the hotel services covered by the locked-in, booked event which was cancelled too late. However, the minimum charge shall be an amount which corresponds to the full price for the busiest 24-hour period covered by the agreement.  

In the case of no shows, late arrivals and early departures, the hotel shall be entitled to compensation corresponding to the full price of the locked-in, booked event.  

B. - The 45 day rule  

In order for a cancellation to not incur any charge(s), the hotel must have been notified of it no later than at 4 p.m. on the day of the last timely cancellation as stated in the stipulations regarding this.  

Up until and including 45 days prior to arrival, the agency shall be free to cancel the reservation agreement for a group.  

After this point in time, no more than 50% of the locked-in, booked hotel event can be cancelled in accordance with the following rules:  

 After 45 days up until 30 days prior to arrival, the agency shall be entitled to cancel up to 50% of the locked-in, booked hotel event free of charge.  

 After 30 days up until 15 days prior to arrival, the agency shall be entitled to cancel up to 25% of the locked-in, booked hotel event free of charge.  

 After 15 days up until 5 days prior to arrival, the agency shall be entitled to cancel up to 10% of the locked-in, booked hotel event free of charge.  

 After 5 days up until 3 days prior to arrival, the agency shall be entitled to cancel up to 5% of the locked-in, booked hotel event free of charge.  

In the case of later cancellations, the hotel shall be entitled to compensation corresponding to ¾ of the price of the hotel services covered by the locked-in, booked event which was cancelled too late. However, the minimum charge shall be an amount which corresponds to the full price for the busiest 24-hour period covered by the agreement.  

In the case of no shows, late arrivals and early departures, the hotel shall be entitled to compensation corresponding to the full price of the locked-in, booked event.  

C. - The 60 day rule  

Up until and including 60 days prior to arrival, the agency shall be free to cancel the reservation agreement for a group.  

 After 60 days up until 40 days prior to arrival, the agency shall be entitled to cancel up to 50% of the locked-in, booked hotel event free of charge.  

 After 40 days up until 20 days prior to arrival, the agency shall be entitled to cancel up to 25% of the locked-in, booked hotel event free of charge.  

 After 20 days up until 10 days prior to arrival, the agency shall be entitled to cancel up to 10% of the locked-in, booked hotel event free of charge.  

 After 5 days up until 3 days prior to arrival, the agency shall be entitled to cancel up to 5% of the locked-in, booked hotel event free of charge.  

In the case of later cancellations, the hotel shall be entitled to compensation corresponding to ¾ of the price of the hotel services covered by the locked-in, booked event which was cancelled too late. However, the minimum charge shall be an amount which corresponds to the full price for the busiest 24-hour period covered by the agreement.  

In the case of no shows, late arrivals and early departures, the hotel shall be entitled to compensation corresponding to the full price of the locked-in, booked event.  

D. - The 90 day rule  

In order for a cancellation to not incur any charge(s), the hotel must have been notified of it no later than at 4 p.m. on the day of the last timely cancellation as stated in the stipulations regarding this.  

Up until and including 90 days prior to arrival, the agency shall be free to cancel the reservation agreement for a group.  

After this point in time, no more than 50% of the locked-in, booked hotel event can be cancelled in accordance with the following rules:  

 After 90 days up until 60 days prior to arrival, the agency shall be entitled to cancel up to 50% of the locked-in, booked hotel event free of charge.  

 After 60 days up until 30 days prior to arrival, the agency shall be entitled to cancel up to 25% of the locked-in, booked hotel event free of charge.  

 After 30 days up until 15 days prior to arrival, the agency shall be entitled to cancel up to 10% of the locked-in, booked hotel event free of charge.  

 After 15 days up until 7 days prior to arrival, the agency shall be entitled to cancel up to 5% of the locked-in, booked hotel event free of charge.  

In the case of later cancellations, the hotel shall be entitled to compensation corresponding to ¾ of the price of the hotel services covered by the locked-in, booked event which was cancelled too late. However, the minimum charge shall be an amount which corresponds to the full price for the busiest 24-hour period covered by the agreement.  

In the case of no shows, late arrivals and early departures, the hotel shall be entitled to compensation corresponding to the full price of the locked-in, booked event.  

E. - The 120 day rule  

In order for a cancellation to not incur any charge(s), the hotel must have been notified of it no later than at 4 p.m. on the day of the last timely cancellation as stated in the stipulations regarding this.  

Up until and including 120 days prior to arrival, the agency shall be free to cancel the reservation agreement for a group.  

After this point in time, no more than 50% of the locked-in, booked hotel event can be cancelled in accordance with the following rules:  

 After 120 days up until 80 days prior to arrival, the agency shall be entitled to cancel up to 50% of the locked-in, booked hotel event free of charge.  

 After 80 days up until 40 days prior to arrival, the agency shall be entitled to cancel up to 25% of the locked-in, booked hotel event free of charge.  

 After 40 days up until 20 days prior to arrival, the agency shall be entitled to cancel up to 10% of the locked-in, booked hotel event free of charge.  

 After 20 days up until 10 days prior to arrival, the agency shall be entitled to cancel up to 5% of the locked-in, booked hotel event free of charge.  

 

 

In the case of later cancellations, the hotel shall be entitled to compensation corresponding to ¾ of the price of the hotel services covered by the locked-in, booked event which was cancelled too late. However, the minimum charge shall be an amount which corresponds to the full price for the busiest 24-hour period covered by the agreement.  

In the case of no shows, late arrivals and early departures, the hotel shall be entitled to compensation corresponding to the full price of the locked-in, booked event.  

 

 

 

Enclosure 2 - Conference cancellation stipulations  

The parties can choose the following cancellation stipulations instead of the general cancellation stipulations in section 16 of the agreement:  

A. - The 15 day rule  

In order for a cancellation to not incur any charge(s), the hotel must have been notified of it no later than at 4 p.m. on the day of the last timely cancellation as stated in the stipulations regarding this.  

Up until and including 15 days prior to arrival, the agency shall be free to cancel the reservation agreement for conferences.  

After this point in time, no more than 50% of the locked-in, booked hotel event can be cancelled in accordance with the following rules:  

 After 15 days up until 10 days prior to arrival, the agency shall be entitled to cancel up to 50% of the locked-in, booked hotel event free of charge.  

 After 10 days up until 5 days prior to arrival, the agency shall be entitled to cancel up to 25% of the locked-in, booked hotel event free of charge.  

 After 5 days up until 3 days prior to arrival, the agency shall be entitled to cancel up to 10% of the locked-in, booked hotel event free of charge.  

 After 3 days up until 1 day prior to arrival, the agency shall be entitled to cancel up to 5% of the locked-in, booked hotel event free of charge.  In the case of a later cancellation, the hotel shall be entitled to compensation corresponding to the price of the hotel services booked for the first 24 hours.  

In the case of late arrivals and early departures, the hotel shall be entitled to compensation corresponding to the full price of the locked-in, booked event, cf. sections 9 and 11.  

In the case of no shows, the hotel shall be entitled to compensation corresponding to 50% of the price of the hotel services booked but no less than the price of the hotel services booked for the first 24hour period. Any possible credit card costs in connection with the payment of the balance by the guest shall be borne by the hotel.  

B. - The 45 day rule  

In order for a cancellation to not incur any charge(s), the hotel must have been notified of it no later than at 4 p.m. on the day of the last timely cancellation as stated in the stipulations regarding this.  

Up until and including 45 days prior to arrival, the agency shall be free to cancel the reservation agreement for conferences.  

After this point in time, no more than 50% of the locked-in, booked hotel event can be cancelled in accordance with the following rules:  

 After 45 days up until 30 days prior to arrival, the agency shall be entitled to cancel up to 50% of the locked-in, booked hotel event free of charge.  

 After 30 days up until 15 days prior to arrival, the agency shall be entitled to cancel up to 25% of the locked-in, booked hotel event free of charge.  

 After 15 days up until 5 days prior to arrival, the agency shall be entitled to cancel up to 10% of the locked-in, booked hotel event free of charge.  

 After 5 days up until 3 days prior to arrival, the agency shall be entitled to cancel up to 5% of the locked-in, booked hotel event free of charge.  In the case of a later cancellation, the hotel shall be entitled to compensation corresponding to the price of the hotel services booked for the first 24 hours.  

In the case of late arrivals and early departures, the hotel shall be entitled to compensation corresponding to the full price of the locked-in, booked event, cf. sections 9 and 11.  

In the case of no shows, the hotel shall be entitled to compensation corresponding to 50% of the price of the hotel services booked but no less than the price of the hotel services booked for the first 24hour period. Any possible credit card costs in connection with the payment of the balance by the guest shall be borne by the hotel.  

C. - The 60 day rule  

In order for a cancellation to not incur any charge(s), the hotel must have been notified of it no later than at 4 p.m. on the day of the last timely cancellation as stated in the stipulations regarding this.  

Up until and including 60 days prior to arrival, the agency shall be free to cancel the reservation agreement for conferences.  

After this point in time, no more than 50% of the locked-in, booked hotel event can be cancelled in accordance with the following rules:  

 After 60 days up until 40 days prior to arrival, the agency shall be entitled to cancel up to 50% of the locked-in, booked hotel event free of charge.  

 After 40 days up until 20 days prior to arrival, the agency shall be entitled to cancel up to 25% of the locked-in, booked hotel event free of charge.  

 After 20 days up until 10 days prior to arrival, the agency shall be entitled to cancel up to 10% of the locked-in, booked hotel event free of charge.  

 After 5 days up until 3 days prior to arrival, the agency shall be entitled to cancel up to 5% of the locked-in, booked hotel event free of charge.  In the case of a later cancellation, the hotel shall be entitled to compensation corresponding to the price of the hotel services booked for the first 24 hours.  

In the case of late arrivals and early departures, the hotel shall be entitled to compensation corresponding to the full price of the locked-in, booked event, cf. sections 9 and 11.  

In the case of no shows, the hotel shall be entitled to compensation corresponding to 50% of the price of the hotel services booked but no less than the price of the hotel services booked for the first 24hour period. Any possible credit card costs in connection with the payment of the balance by the guest shall be borne by the hotel.  

D. - The 90 day rule  

In order for a cancellation to not incur any charge(s), the hotel must have been notified of it no later than at 4 p.m. on the day of the last timely cancellation as stated in the stipulations regarding this.  

Up until and including 90 days prior to arrival, the agency shall be free to cancel the reservation agreement for conferences.  

After this point in time, no more than 50% of the locked-in, booked hotel event can be cancelled in accordance with the following rules:  

 After 90 days up until 60 days prior to arrival, the agency shall be entitled to cancel up to 50% of the locked-in, booked hotel event free of charge.  

 After 60 days up until 30 days prior to arrival, the agency shall be entitled to cancel up to 25% of the locked-in, booked hotel event free of charge.  

 After 30 days up until 15 days prior to arrival, the agency shall be entitled to cancel up to 10% of the locked-in, booked hotel event free of charge.  

 

 After 15 days up until 7 days prior to arrival, the agency shall be entitled to cancel up to 5% of the locked-in, booked hotel event free of charge.   

 

In the case of a later cancellation, the hotel shall be entitled to compensation corresponding to the price of the hotel services booked for the first 24 hours.   

 

In the case of late arrivals and early departures, the hotel shall be entitled to compensation corresponding to the full price of the locked-in, booked event, cf. sections 9 and 11.   

 

 

In the case of no shows, the hotel shall be entitled to compensation corresponding to 50% of the price of the hotel services booked but no less than the price of the hotel services booked for the first 24- hour period. Any possible credit card costs in connection with the payment of the balance by the guest shall be borne by the hotel.   

  

E. - The 120 day rule   

In order for a cancellation to not incur any charge(s), the hotel must have been notified of it no later than at 4 p.m. on the day of the last timely cancellation as stated in the stipulations regarding this.   

  Up until and including 120 days prior to arrival, the agency shall be free to cancel the reservation agreement for conferences.   

 

After this point in time, no more than 50% of the locked-in, booked  

hotel event can be cancelled in accordance with the following rules:   

 

  

After 120 days up until 80 days prior to arrival, the agency shall be entitled to cancel up to 50% of the locked-in, booked hotel event free of charge.   

 After 80 days up until 40 days prior to arrival, the agency shall be entitled to cancel up to 25% of the locked-in, booked hotel event free of charge.   

 

 After 40 days up until 20 days prior to arrival, the agency shall be entitled to cancel up to 10% of the locked-in, booked hotel event free of charge.   

 

After 20 days up until 10 days prior to arrival, the agency shall be entitled to cancel up to 5% of the locked-in, booked hotel event free of charge.   In the case of a later cancellation, the hotel shall be entitled to compensation corresponding to the price of the hotel services booked for the first 24 hours.   

  

In the case of late arrivals and early departures, the hotel shall be entitled to compensation corresponding to the full price of the locked-in, booked event, cf. sections 9 and 11.   

 

In the case of no shows, the hotel shall be entitled to compensation  

corresponding to 50% of the price of the hotel services booked but  

 no less than the price of the hotel services booked for the first 24-

 hour period. Any possible credit card costs in connection with the payment of the balance by the guest shall be borne by the hotel.  

  

  

  

  

Terms and Conditions Adina Budapest 

 

 

I. Scope of validity 1. 

These general terms and conditions are applicable to contracts for the letting of guest rooms at this hotel for the purpose of accommodation and for all other services rendered and deliveries made by it to its guests. 

2. 

The hotel's prior written consent shall be required to any sub-letting of the premises booked, to their use for any purposes other than accommodation, for public invitations, other promotional activities, job-seeking interviews, sales and similar events and for the use of hotel space outside the premises booked for activities of the above nature. An additional charge may be billed for such uses. 

3. 

General terms and conditions of the customer shall only apply if this was expressly agreed beforehand. 

 

II. Closing, contracting parties, limitation of actions 1. 

A contract comes into effect through acceptance by the hotel of the customer's order. The hotel is free to confirm room bookings in writing. 

2. 

Where a customer wishes to book more than 10 nights, written acceptance by the hotel is required in order for the contract to come into effect. Where such written acceptance is at variance with the customer's order, it constitutes a new application by the hotel to which the latter feels bound for 5 business days unless it is revoked vis-à-vis the customer before that deadline. 

3. 

Where a customer books through a third party, the latter is liable to the hotel together with the customer as joint and several debtors for all obligations under the contract provided that the hotel has obtained a corresponding declaration from the third party concerned. 

4. 

The customer is obligated to inform the hotel, without being especially asked to do so, no later than at closing if any of his/her activities at the hotel are apt to affect the hotel's business activities, security or public image. 

5. 

All claims against the hotel become statute-barred, as a matter of principle, within one year of the commencement of the regular period of limitations. Hungarian Civil Code provided that the claimant is aware of that period. Claims for damages shall become statute-barred, irrespective of such awareness, within 5 years. Reduced periods of limitation are not applicable to claims based on any deliberate or grossly negligent breach of duty by the hotel. 

 

III. Services, prices, payment and set-off 1. 

The customer is obligated to pay the hotel's prices applicable to and/or agreed for the use of the room and for the additional services claimed by him/her. This shall also apply to services rendered and amounts advanced by the hotel to third parties on the customer's instructions. The agreed prices are inclusive of the applicable sales tax and/or VAT. 

2. 

If there is an interval of more than four months between closing and performance and if during that period a change occurs to the statutory sales tax and/or VAT, the prices shall be adjusted accordingly. 

3. 

If the interval between closing and performance exceeds four months and if there is an increase in the price generally charged by the hotel for the given service, the hotel may reasonably raise the contractually agreed price, not, however, by more than 5%. This upper limit shall increase by 5% in respect of any one year by which the interval between closing and performance exceeds the above four-month period. No account is taken, in this context, of price changes made pursuant to para. 2. 

4. 

Moreover, the hotel may change its prices if the customer, with the hotel's concurrence, subsequently modifies his/her order in terms of the number of rooms, the scope of the hotel's services or the length of stay. 

5. 

The hotel's bills shall be due and payable without deductions, unless agreed otherwise, upon receipt. A bill is deemed received by the customer no later than 3 days after its dispatch unless earlier receipt can be proven by the hotel or later receipt by the customer. 

6. 

The hotel may at any time declare accrued accounts receivable mature and ask for immediate payment. In case of default in payment, the hotel is entitled to charge the applicable statutory default interest. The hotel reserves the right to furnish proof of a heavier loss.  

7. 

The customer shall refund dunning charges to the Hotel for each reminder after default has occurred in an amount of € 5,-. The customer is free to prove that substantially lower or no charges at all have been occurred. 

8. 

The hotel is entitled to ask, at closing or thereafter, for a reasonable down payment or security of up to 100% of the expected payment obligation, taking account of the statutory provisions governing package arrangements. The amount of such down payment and the dates of payment may be specified in the contract in writing. The hotel may, before rendering its services, require the customer to present a valid credit card. 

9. 

Only uncontroversial or non-appealable claims may be set off by or credited to the customer against claims of the hotel. 

 

IV. Customer's withdrawal (countermanding, cancellation) and failure to claim hotel services 1. 

For withdrawal from the contract concluded with the hotel the customer requires the latter's written consent. If it is withheld, the contractually agreed price shall be payable even if the customer does not claim the services contracted for. This shall not apply if the hotel infringes its obligation to take account of the customer's rights, objects of legal protection and interests provided that the customer cannot therefore be expected to adhere to the contract or is entitled to another statutory or contractual right of withdrawal. 

2. 

Where the hotel and the customer have agreed in writing on a date by which the latter may withdraw from the contract without a charge, the customer may do so by that date without triggering payment or compensation claims of the hotel. The customer's right of withdrawal lapses if he/she fails to exercise that right vis-à-vis the hotel in writing by the agreed deadline unless the withdrawal is governed by para. 1, third sentence. 

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