Amisos Hotel the
Boutique - General Business Conditions
1.
The contract with the customer (standard term used for person/firm ordering,
organizer, guest etc.) shall be concluded through the hotel's acknowledgement
of the order. These business conditions form part of the contract; they shall
apply to all services rendered by the hotel, especially to the letting of hotel
rooms, conference and banquet rooms and other premises of the hotel
(hereinafter comprised in one term: rendering of services). In case a third
party has given an order on behalf of a customer, the third party and the
customer will be jointly and severally liable to the hotel. The hotel shall be
allowed to ask the customer and/or the third party for a reasonable advance
payment. If advance payments requested by the hotel have not been made by the
date in question (if no date has been specified - not later than 30 days prior
to arrival), this will release the hotel immediately from agreements made.
Subletting or reletting requires written consent by the hotel.
2.
The prices shall be determined by the price list in effect at the time the
services
are rendered. If the acknowledgement of the order states fixed prices
and
there are more than 4 months between the conclusion of the contract and the
date the services are rendered, the hotel will be entitled to change prices. If
a minimum turnover has been stipulated and is not reached, the hotel will be
allowed
to demand 60 % of the difference for the profit lost unless the customer proves
that the profit lost is lower or the hotel proves that the profit lost is
higher. As far as statutory value-added tax arises, it will be included in the
prices. A rise in VAT after conclusion of the contract is to be charged to the
customer. All price labelling and price agreements are applicable in Euro. In
case foreign currencies are stated, this will be made exclusively to give
non-binding guide figures based on the exchange rate in effect at the time of
publication.
3.
The customer has to inform the hotel of the number of participants not later
than
4 days prior to the date the services are rendered in order to ensure careful
preparation. If then fewer participants arrive, accounts will be settled
according to the booked number of participants. In case the number is exceeded
by up to a maximum of 5 %, this does not require any previous arrangement with
the hotel; in case the number is exceeded to a larger extent, this has to be
arranged beforehand with the hotel.
4.
In case of events which exceed the time limit provided in the agreement,
otherwise
exceed 11:00 pm, the hotel will be allowed to charge additional costs, in
particular for any following events and hotel staff.
5a.
Things which the customer has left behind shall be sent after only on
request,
at the risk and at the expense of the customer. The hotel undertakes to keep
the things for 6 months. Thereafter, if they are of recognizable value, they
shall be taken to the local lost property office.
5b.
Within the scope of its services the hotel in certain cases undertakes the
transport
of passengers and luggage free of charge. The liability for personal
injury
and damage to property is limited to the statutory car insurance. A
liability
for loss and delay is completely excluded.
6.
As far as a parking space on the hotel premises or on the hotel parking place
is made available to the customer, even against payment, this does not
represent the conclusion of a custody agreement. The hotel is not obliged to
monitor the place.
7.
The hotel shall be liable for the diligence of an ordinary and prudent
businessman.
This liability is not within the range of typical services, however
restricted
to insufficient service, damage, consequential damage or impairment which is
due to intent or gross negligence on the part of the hotel. If services
rendered by the hotel should be impaired or insufficient and the hotel is aware
thereof or the customer immediately complains thereof, the hotel will make
every effort to take remedial measures. The customer is obliged to contribute
what is reasonable in order to remedy the impairment and keep any possible
damage small.
8.
If the hotel is impeded in performing its services as a result of force
majeure, strike or the like, no liability for damages can be derived therefrom.
However, the hotel is obliged to the customer to make every effort to otherwise
provide equivalent services.
10.
The customer has to answer for loss or damage caused by his/her staff
members,
other temporary assistants as well as by people participating in the
event,
no less than for loss or damage caused by himself/herself. It is incumbent on
the organizer to effect appropriate insurances against this. The hotel is
allowed to request proof of such insurances.
11.
In order to prevent damage to the walls, the attachment of decoration
material
or other objects has to be agreed upon in advance with the hotel. The
customer
guarantees that especially decoration material meets the requirements laid down
by the fire authorities. In case of doubt the hotel shall be allowed to demand
the submission of a certificate from the competent fire-protection authority.
The hotel shall be liable for loss of or damage to objects brought along by the
customer only in case of fault.
12.
Official licences required for a certain event have to be obtained in due time
by the customer at his/her own expense. It is the customer's duty to comply
with obligations under public law and other provisions. Any charges payable for
the event to third parties, in particular fees payable to the MUYAP (musical
copyright watchdog body; annotation by translator), entertainment tax etc.
must be paid directly to the creditor.
13.
As far as the hotel procures technical or other equipment from third parties
for
the organizer, it acts on behalf of and for account of the customer; the
customer shall be liable for taking good care of this equipment and returning it
in
due order and releases the hotel from any claims of third parties arising from
letting out this equipment.
14.
Basically the customer is not allowed to bring along food and beverages. In
special cases (e.g. national specialities) it is possible to make a written
agreement
thereon; at least a service charge or b.y.o. charge will have to be
paid.
15.
The customer undertakes to give the hotel immediate and unsolicited notice,
however not later than at the conclusion of the contract, that the services to
be rendered and/or the event, be it due to their political, religious or other
nature, are suitable to evoke public interest without impairing the hotel's
interests. Press advertisements, advertising measures and publications which
have reference to the hotel and/or, for example, contain invitations to
selection
interviews
or sales events require written consent by the hotel. If the customer violates
this duty to inform or a publication is made without such consent, the hotel
shall be entitled to cancel the event.
16.
The customer does not acquire any right to be given specific rooms.
17.
Booked rooms are available to the customer from 4:00 pm on the agreed day of
arrival. The customer has no right to be given the room earlier.
18.
On the agreed day of departure the rooms are to be vacated and made
available
to the hotel at the latest at noon. Afterwards the hotel will be allowed
to
charge - beyond any damage suffered through this by the hotel - 50 % of the
full price for lodging (list price) for the additional use of the room until
6:00 pm, 100 % until after 6:00 pm. The customer is at liberty to prove against
the hotel that it has not suffered any damage or that the damage suffered is
substantially smaller.
19.
Invoices by the hotel without due date are payable without deduction within
10
(ten) days after receipt of the invoice. The hotel is entitled to render
outstanding debts at any time due and to demand immediate payment. In the event
of default in payment the hotel is entitled to charge interest to the amount of
4 % above the current discount rate given by the CENTRAL BANK OF
THE REPUBLIC OF TURKEY. It is reserved to the customer to prove
a smaller damage, to the hotel to prove a larger damage.
20.
Any rescission must be made in writing.
21.
In case of a cancellation by the customer he/she shall be obliged to pay the
following percentage of the prices for the rooms and services ordered by the
customer unless he/she is able to prove that the damage suffered by the hotel
is smaller.
a.
in case of cancellation of service from 1 room up number of days until arrival
cancellation fee
i) up to 15 days no charge
ii) from 7 to 14 days 15 % of the agreed
price
iii) from 2 to 6 days 40 % of the agreed
price
iv) up to 1 days 75 % of the agreed price
Special
regulations shall be applicable during major events.
b.
in case of cancellation of other services (e.g. entertainment, conferences,
banquets)
day of withdrawal of the order (calendar day) prior to the event cancellation
fee a) more than 21 days no charge
b)
from 15 to 21 days The rent for the premises booked will be charged.
c)
from 8 to 14 days The rent for the premises booked will be charged plus
compensation for 50 % of other lost profit (e.g. for food, beverages and
service) as far as a firm agreement has been made thereon. In the absence of
such an agreement plus compensation for 50 % of the minimum price charged for a
fixed-price meal/banquet x number of persons.
d)
less than 8 days The rent for the premises booked will be charged plus
compensation for 75 % of other lost profit (e.g. for food, beverages and
service) as far as a firm agreement has been made thereon. In the absence of
such an agreement plus compensation for 100 % of the minimum price charged for
a fixed-price meal/banquet x number of persons. The right to claim higher
damages in case of a. and b. is reserved.
22.
Any modification or supplementation of the contract, the acceptance of offer or
these business conditions for admission to the hotel are to be made in writing.
Unilateral modification or supplementation by the customer is ineffective.
23.
The place of performance and payment shall be where the hotel is domiciled at.
24.
Any disputes arising hereunder - even involving cheques and bills of exchange -
in commercial transactions will be settled exclusively before a competent court
of law at the place where the hotel is domiciled at.
25.
Turkish law is applicable.