Terms & Conditions

I. Application

1. These Standard Terms of Business apply to contracts for the rental of hotel rooms, hotel conference, banqueting and function rooms as well as for all further Services and deliveries by the hotel in connection herewith.

II. Conclusion and content of the contract

1. Offers from the hotel are always non-binding. The contract comes into being through the acceptance of the hotel. The hotel shall be free as to whether it confirms the booking in writing. 2. The hotel is obliged to perform the agreed services in the typical standard. 3. Unless otherwise agreed, the hotel rooms are to be occupied not earlier than 15:00hrs on the day of arrival (check-in time). The customer shall have no right to an earlier availability time. On the agreed day of departure, the hotel rooms are to be vacated not later than 12:00hrs (check-out time). Thereafter by reason of the delayed vacating of the room, the hotel may charge 50 % of the full accommodation price (list price) for such longer use up until 18:00hrs, after 18:00hrs 100 %. No contractual rights of the customer shall be created thereby. The customer shall be free to evidence that the hotel has incurred no or a significantly lower claim for compensation of use.

III. Prices, payments

1. The customer is obliged to pay the hotel's applicable or agreed prices for the accommodation and/or functions as well as for other Services which are used. This also applies to Services provided and expenses incurred by the hotel to third parties on the customer's instructions. 2. The agreed prices include the current statutory Value Added Tax, except where a different agreement has been reached. 3. Invoices shall be issued in EURO. Where payments are made in foreign currency, any exchange rate differences and bank charges shall be borne by the payer. Advance payments in foreign currency shall be credited towards the total invoice on the value date. 4. Invoices from the hotel shall be paid within 14 days after receipt of the invoice. Where payment is delayed, the hotel is entitled to charge interest at the rate of 5% p.a. The customer remains entitled to evidence a lower, the hotel a higher loss. 5. The hotel is entitled at any time to demand a reasonable payment in advance. The remaining amount should be paid latest 14 days before arrival in the hotel. 6. Complaints possibly concerning the billing have to be communicated to the hotel immediately after arising.

IV. The Hotel's right to withdraw

1. If an agreed advanced payment is not made even after the expiry of a reasonable deadline set by the hotel, the hotel shall be entitled to withdraw from the contract. 2. The hotel is also entitled to withdraw from the contract for objectively justified reasons, for example if - force majeure or other circumstances for which the hotel is not responsible make the fulfilment of the contract impossible, - accommodation or functions were booked under misleading or incorrect statements of material facts, e.g. the customer or the purpose of use 3. The hotel must notify the customer without delay of the exercise of the right to withdraw.  4. If the hotel is entitled to withdraw, then the customer shall not be entitled to damages.

V. Cancellation by the customer 1. Cancellations must be made in writing. 2. For accommodation, the following applies to a cancellation by the customer: a) In case of cancellation - up to 31 calendar days before arrival the customer will not pay any charges - 30 to 14 calendar days before arrival, 20 % of the booked room nights will be charged - 14 to 2 calendar days before arrival, 50 % of the booked room nights will be charged - within 48 hours before arrival, 80 % of the booked room nights will be charged 3. If a guest is not able to arrive on the reserved day because of unpredictable and exceptional circumstances (e.g. external snowfall, flood, …) any means of arrival is impossible, the guest is not obliged to pay the agreed charges for the days of arrivals. The hotel will charge the guest from the actual day of arrival, when arrival is possible within three days.

VI. Provision of alternative accommodation 1. The hotel is allowed to grant an adequate (similar or higher quality) alternative accommodation for the guest, if this is deemed acceptable for the guest, especially when the difference is minor and objectively justified. 2. An objective justification is for example, when the room is unusable, already staying guests wants to extent their stay or an overbooking incurred or any other important operational arrangements. 3. Costs for additional expenditures are at the expense of the hotel.

VII. Liability of the Hotel

1. Claims for damages for any legal reason whatsoever are excluded, unless the hotel has acted with intent or is responsible for its own gross negligence or the gross negligence of its statutory representatives or senior executives as well as its other agents, or where the claim for damages results from the breach of material contractual obligations. A liability hereunder is in all cases of mere negligence limited in amount to the foreseeable typical contractual loss. The liability for damages from injury to life, personal injury or health shall remain unaffected. 2. Where the customer is a guest with accommodation, the hotel shall be liable for items brought in. Thereunder, the liability is limited to 100 times the room price, however, at most € 3,500.00 or € 800.00 for money and valuable items. 3. The hotel shall be liable pursuant to clause IX.1 for any damage to vehicles of the customer which have been parked in a hotel garage parking bay, when such damage is the responsibility of the hotel, its employees or agents. The customer shall be obliged to notify such damage without delay, obvious damage at the latest before leaving the hotel garage/parking area. The hotel shall not be liable for damage which is solely caused by other customers or other third parties. The hotel shall not be liable towards the customer for losses to the belongings of third parties which are caused by the customer's vehicle. Liability for death, personal injury or damage to health as well as liability for intent and gross negligence of the hotel shall remain unaffected.

VIII. Liability of the Customer

1. The customer shall be liable for damage to buildings and/or furnishings which are caused by himself, his family members or guests, participants or visitors to functions, employees or other third parties from his sphere, under the statutory provisions. It shall be for the customer to obtain sufficient insurance for such types of liability. The Hotel is entitled to demand evidence of a corresponding insurance.

IX. Final Provisions

1. Amendments or additions to this contract, including to this written form requirement, must be made in writing.  2. Should individual terms of these Standard terms of business be invalid or void, this shall not thereby affect the validity of the remaining terms. The same applies to gaps in the contract. Apart from this, the statutory provisions shall apply.

Watamu, 2018