Agb – villa del mar

Agb - villa del mar

Cancellation – Terms

These terms and conditions are part of every booking at Villa del Mar.

Dear traveler,

The following terms and conditions apply to the booking of hotel services in Villa del Mar. They become the content of the accommodation contract between you – hereinafter referred to as “guest” – and us as hotel – hereinafter referred to as “Villa del Mar” in the event of a booking. Please read these terms carefully.

1. Conclusion of the accommodation contract

1:01. For guests residing in Germany or with a German passport / identity card Villa del Mar guarantees the prices in Euro.

1.02 The guest can submit his booking verbally (by phone), in writing, by fax, e-mail or Internet to the “Villa del Mar” The basis of the booking of the guest is the on the Internet on the page "www.hoteldelmar.de" Offered scope of services with the prices given there or that of the “Villa del Mar” the guest in writing, by fax or e-mail (for short-term requests by phone) or on the Internet submitted booking offer .

1:03. The “Villa del Mar” will send the guest immediately and usually by e-mail a booking confirmation with details of prices and services. Such confirmation is not required if the guest’s booking at “Villa del Mar” is received less than 3 business days prior to departure, or 7 days if the guest does not have the option of e-mail or fax delivery. The binding travel contract comes with access of the written, by fax or e-mail (for short-term offers verbally transmitted) Declaration of acceptance of the “Villa del Mar” at the guest. Upon receipt of this declaration of acceptance by the guest, the travel contract is legally binding. Guest access is deemed to have taken place if the email was sent properly. The guest is responsible for observing any spam filters. For delivery by fax, the transmission protocol of the fax is the "Villa del mar" as proof of receipt. In both cases, the guest is entitled to prove the contrary.

If the declaration of acceptance (booking confirmation) of the “Villa del Mar” differs from the booking of the guest, a legally binding contract is not closed. The binding travel contract comes into effect in this case with receipt of the written, by fax or e-mail (for short-term offers verbally transmitted) declaration of acceptance of the guest at the “Villa del Mar”. Upon receipt of this declaration of acceptance at the Villa del Mar, the travel contract is legally binding. Changes of the travel contract on request of the guest become legally binding only with receipt of the written, by fax or E-Mail sent declaration of acceptance of the “Villa del Mar”.

1.04 The applicant is liable for all obligations of the co-registered travel participants from the travel contract.

2. Prices and terms of payment

2.01. The guest is obliged to pay the agreed prices for the booked travel services.

2.02. Upon conclusion of the contract, a down payment of 40% of the total price is due. Since the contract is an accommodation contract without transport services and no package holiday, a security certificate in accordance with § 651k BGB is NOT required. The deposit is due before arrival, but no later than 8 days after receipt of the booking confirmation to the guest on the account specified "Villa del mar" to remit. For German guests a Euro account is available.

2.03. The deposit will be added to the travel price. The remaining price is due two weeks before the start of the trip, but at the latest when checking in at Villa del Mar..

2.04. The prices include the applicable Polish VAT. If the period between the conclusion of the contract and the performance of the contract exceeds four months and if the exchange rate Euro / Zloty changes after conclusion of the contract, the agreed price may be changed in proportion to the effect of the change per person on the agreed travel price. About the change of the travel price is the "Villa del mar" inform the guest immediately. However, a price change is only possible until the 21st day before departure. If the price increases by more than 5% of the travel price, the guest is entitled to withdraw from the travel contract without any fees. The guest has the aforementioned rights within 5 days of receipt of the declaration "Villa del mar" GmbH against the price increase against her.

2.05. If the down payment on the travel price is not paid or not fully paid, the contract will be terminated after reminder and expiry of a reasonable period to pay the remaining price. It will then be due compensation as in the case of resignation of the guest.

3.01. The performance obligation of "Villa del mar" arises exclusively from the content of the booking confirmation and the service description in the Internet referred to therein.

3.02. As far as in the name of Villa del Mar offers services on external Internet portals or websites of third parties, the service is not binding. Decisive are the conditions offered on the website www.hoteldelmar.de or the conditions given to the guest in the booking offer or in the booking confirmation (errors excepted).

4:01. Changes and deviations of individual accommodation services from the agreed content of the accommodation contract, which become necessary after the conclusion of the contract, are only permitted, insofar as they are not significant, and do not lead to a significant change in hotel services. The "Villa del mar" is obliged to notify the guest immediately about changes in performance and deviations in performance, e.g. about the failure of technical facilities such as the swimming pool.

4:02. In the event of any significant change or significant change in hotel performance, the guest is entitled to withdraw from the travel contract without penalty. The guest has the aforementioned rights within 5 days after receiving the notification of "Villa del mar" GmbH on the change of performance or deviation.

4.03 Alterations to the catering service by delivering the agreed catering in buffet form or as a place or in any other form are within reason of reasonableness at the discretion of the hotel and shall not be considered a change in service.

5. Resignation by the guest, rebooking

5.01. The guest can withdraw prior to departure at any time by written declaration of the travel contract. Decisive is the receipt of the written declaration of withdrawal at the "Villa del mar".

5.02. If the guest withdraws from the travel contract or does not start the journey, then the "Villa del mar" To demand compensation for the travel arrangements made and for their expenses. The calculation of the replacement usually takes into account expenses saved and usually possible other uses of the travel services.

5.03. The "Villa del mar" may set a flat-rate claim for compensation based on the following breakdown according to the proximity of the time of withdrawal to the contractually agreed start of travel, as a percentage of the booked accommodation price (accommodation, meals and spa services).

In case of cancellation for reasons of the guest the following payments have to be made:

up to the 45th day before the arrival day free of charge, however, a reimbursement of 25, – EUR per booked person to pay. from the 44. – 20. 10 percent day before the arrival day but at least the reimbursement of 25 € p.P. from the 19th to the 8th day before the day of arrival 25% but at least the reimbursement of 25 € p.P. From the 7th to the 3rd day before the day of arrival 60% of the 2nd day before the day of arrival until pl. Arrival 75 percent if you do not start your journey 100 percent The day of arrival is the booked day of arrival.

The guest reserves the proof that the "Villa del mar" no or less costs than the claimed lump sum incurred. In this case, the guest is obliged to pay the lower costs.

5.04 If at the request of the guest after the conclusion of the contract until 45 days before the booked day of arrival changes with respect to the travel date, the accommodation or the type of food or booked spa services made (rebooking), the "Villa del mar" charge a rebooking fee of € 25.00 per change. Rebooking requests of the guest, received by the 31st day before the day of arrival at the Villa del Mar and confirmed by the hotel are to be compensated for reduction of the accommodation at the booked appointment with the conditions and under 5.03.

6. Unused services after travel

6:01. If the guest does not use individual accommodation services as a result of an early return journey or for other reasons, no refund will be made. However, it must be credited with the value of the saved expenses and any benefits it derives from any other use of the unused service. The saved expenses can be lumped with 20% of the accommodation price.

7. Resignation and termination by the "Villa del mar"

7.01. The "Villa del mar" may terminate the accommodation contract without notice after commencement of the journey if the guest disturbs his behavior on a lasting basis and continues to do so even after a warning, or if he behaves contrary to the contract to such an extent that the immediate cancellation of the contract is justified. Cancel the "Villa del mar", so she reserves the right to the travel price; however, it must be credited with the value of the expenses saved and any benefits it derives from any other use of the unused service.

7.02 If bookings made by the guest have been erroneously confirmed by Villa del Mar, which contradict the regulations of the price list (www.hoteldelmar/prices.html) including the minimum booking times regulated there, Villa del Mar is entitled to withdraw from the booking due to error. A claim of the guest for compensation does not arise thereby.

8. Liability for defects, obligation to notify, cancellation by the traveler

8:01. If the accommodation service is not provided according to contract, the guest can demand redress. The "Villa del mar" can refuse the remedy if it requires a disproportionate effort. The "Villa del mar" can also remedy the situation by providing an equivalent replacement.

8.02. For the duration of a non-contractual provision of the accommodation service, the guest may demand a corresponding reduction in the accommodation price (reduction).

8.03. The guest is obliged to submit his complaint without delay to the management of the "Villa del Ma. If the guest culpably fails to report a defect, the claim for reduction does not apply. The right to reduction begins at the earliest with the receipt of the notification from the hotel management. Advertisements for which a reduction in the travel price is claimed must be made in writing or verbally exclusively to the hotel management, ie. orally only to Mrs. Sylwia Mazur or Mr. Hans G. Schlachter.

8:04. If the stay is significantly impaired due to a defect and makes the "Villa del mar" Within a reasonable time, no remedy, so the guest can terminate the travel contract by written declaration – in the context of statutory provisions. The same applies if the guest the trip as a result of a lack of important, the "Villa del mar" recognizable reason is unreasonable. The determination of a time limit for the remedy does not need it only if remedy is impossible or by the "Villa del mar" is denied or if the immediate termination of the contract is justified by a particular interest of the guest. The guest owes the "Villa del mar" the part of the accommodation price allocated to the services used.

8:05. Claims for defects become statute-barred within one and a half year starting from the day on which the journey should end in accordance with the contract.

8:06. For claims for damages due to a defect, para. 9.

9. Liability for damage

9:01. The liability for contractual breaches of duty and tort is limited to intent and gross negligence.

9:02. As far as the "Villa del mar" is liable for other damages due to the travel contract, their liability is limited to the triple travel price. This limitation of liability also applies insofar as the "Villa del mar" is responsible for the damage caused to the guest solely because of a fault of a service provider.

9:03. For all claims for damages from tort, which are not based on intent or gross negligence, liable "Villa del mar" in each case per traveler and trip for property damage up to € 4,100.00 or up to the amount of the triple travel price, if this exceeds € 4,100.00.

9:04. Insofar as liability for damages that are not based on injury to the life, body or health of the guest is not excluded for slight negligence, such claims lapse within one year starting from the date of the claim.

10. Choice of law and jurisdiction

10.1. The guest can "Villa del mar" sue only at their headquarters in Poland.

10.2. For complaints of "Villa del mar" the Guest is the domicile of the Guest, unless the claim is directed against persons whose domicile or habitual residence is unknown at the time of filing of the claim. In these cases, the place of jurisdiction is Berlin

Niechorze the 10.8.2010

Copyright © 2019 Villa del Mar. All Rights Reserved

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