General Terms & Conditions Hotel van Schagen

Article 1: Definitions

The capitalized terms below are defined as follows:

  • Hotel van Schagen: The owners of Hotel van Schagen, established in Schagen, the Netherlands.
  • Services: the provision of lodging and/or accommodation in the widest sense possible, plus all associated work and/or services.
  • Client: the natural person or legal entity that has concluded a contract for Services with Hotel van Schagen. The term ´Client’ shall also include the intermediary that has concluded a contract for Services, whether or not this is done in the name of his/her principal.
  • Guest: the person to whom the Services must be rendered by Hotel van Schagen under the contract concluded with a Client. Where these General Terms and Conditions refer to a Guest, this term shall also include the person(s) accompanying such Guest. Unless explicitly provided otherwise, these General Terms and Conditions shall use the terms ‘Guest’ and ‘Client’ interchangeably.
  • Hotel Contract: the contract concluded between Hotel van Schagen and the Client, under the terms of which Hotel van Schagen renders Services for the Client and/or the Guest in return for payment by the Client or the Guest. Where these General Terms and Conditions refer to a Hotel Contract, this term shall also include any other agreement to which these General Terms and Conditions are declared applicable.
  • Reservation Value: the value of the Hotel Contract.
  • Online Reservation: the reservation made via the reservation form available on the website of Hotel van Schagen (www.hotelvanschagen.nl), as a result of which the Client and Hotel van Schagen have entered into a contract, which lays down the period during which and the terms and conditions under which the Hotel Contract will be performed.

Article 2: Applicability

2.1
The General Terms and Conditions apply in full to any and all offers, contracts and other commitments, of whatever name, arising from the contract(s) to which these General Terms and Conditions have been declared applicable, unless otherwise agreed in writing.

2.2

Offers or contracts or clauses deviating from these General Terms and Conditions shall only be valid if agreed upon explicitly in writing with Hotel van Schagen.

2.3

The applicability of general terms and conditions (of whatever name) used by the Client is hereby ruled out/rejected, unless otherwise agreed in writing. Where these General Terms and Conditions and those used by the Client are incompatible, these General Terms and Conditions shall prevail.

 

Article 3: Formation of the Hotel Contract

3.1

Hotel van Schagen reserves the right to decide against forming a Hotel Contract at any time.

3.2

Hotel van Schagen shall not refuse the formation of a Hotel Contract on discriminatory grounds, as referred to, inter alia, in Section 429quater of the Dutch Criminal Code (discrimination).

3.3

All offers for the formation of a Hotel Contract shall be without obligations and shall only apply insofar as Hotel van Schagen has sufficient capacity.

3.4

Every Hotel Contract concluded by a Client shall also be deemed to have been concluded at the expense and risk of this Client. Any payment by a Guest shall discharge the Client from liability to the same extent.

 

Article 4: Obligations of Hotel van Schagen

4.1

Hotel van Schagen shall make available to the Guest the accommodation agreed for the period agreed and/or shall render the Service(s) agreed in accordance with the quality standards applicable to Hotel van Schagen.

4.2

Hotel van Schagen shall provide a code by text messaging on the telephone number entered by the Client, which the Guest can use to access the hotel, the room and wifi. This text message shall be sent on the day at which the Guest is to check in and shall only be valid during the period reserved.

4.3

The provisions described above in 4.1 and 4.2 do not apply:

  • in the event of force majeure, as described below in article 12;
  • if Guests do not show up;
  • if Clients do not fully meet their obligations, for any reason whatsoever, to Hotel van Schagen.

4.4

Unless otherwise agreed in writing, Hotel van Schagen shall make available to the Guest the accommodation from 2 P.M. on the day of arrival until 10 A.M. on the day of departure.

4.5

Hotel van Schagen is entitled to offer the Guest hotel accomodation other than the accommodation specified in the Hotel Contract. Where this is inconvenient for the Guest, the Guest or the Client has the right to terminate the Hotel Contract with immediate effect. Should the hotel accommodation offered and accepted by the Client or the Guest be cheaper than the original accommodation, Hotel van Schagen shall make available the difference to the Guest or the Client. Hotel van Schagen is not obliged to pay any other damages.

 

Article 5: House Rules

5.1

In order to maintain order, peace and quiet in Hotel van Schagen, and to guarentee high-quality Services for all Guests, Hotel van Schagen has drawn up house rules.These house rules are available in the rooms and apartments, and are clearly visible for the Guests.

5.2

Hotel van Schagen is entitled to terminate the Hotel Contract with a Guest without observing a notice period, if the latter violates the house rules or his/her behaviour potentially disrupts the order, peace and quiet or normal operations of the hotel. The Guest must leave the hotel after the first request to that end. Hotel van Schagen is not obliged to give reasons for its request and is not obliged to refund the Reservation Value.

5.3

Pets are not allowed in Hotel van Schagen.

5.4

Hotel van Schagen is entitled to terminate any Hotel Contract in the event of a disturbance of public order or if it fears the same. Termination shall take place upon consultation with the competent local authorities.

In such a case, Hotel van Schagen is not liable to pay any compensation.

5.5

Hotel van Schagen does not put extra beds in rooms, unless that has been agreed upon in writing (as an exception) by the Client and Hotel van Schagen. It is possible to have a baby cot placed in the room, if so requested when the reservation was made.

 

Article 6: Online Reservations

6.1

When making an Online Reservation, the Client must enter all data requested on the reservation form on the website and confirm the accuracy of the data provided.

6.2

The Online Reservation is valid upon receipt of the reservation form by Hotel van Schagen and confirmation thereof to the Client.

6.3

If the date of arrival and/or departure is changed, the original definitive Online Reservation shall lose its effect and, by consultation, a new final Online Reservation must be made and confirmed.

6.4

The confirmation referred to in article 6.2 shall be sent by email upon receipt of the reservation form.

6.5

The Client shall pay the full amount of the Online Reservation as a lump sum when making the reservation, via the secure payment module.

6.6

Reservations may be cancelled free of charge until 48 hours before the check-in date. For any later cancellation, 100% of the booking costs shall be payable.

Reservation costs are not refunded upon cancellation.

6.7

Hotel van Schagen has compiled the information provided on its website with the utmost care. Nevertheless, any data may be inaccurate and/or incomplete following the transfer of data and/or due to technical errors or other circumstances. Any Online Reservation made shall be subject to changes and/or errors. If changes and/or errors as referred to in this article result in a different rate, the Client has the right to cancel, free of charge. In that case, no rights may be derived from the Online Reservation made.

6.8

Hotel van Schagen can neither be held responsible for the fact that an Online Reservation has not been performed, not been performed correctly in the event of force majeure, or due to an action or omission of the Client, nor for the internet being unavailable, lack of access to the website or any external hacking of the website, viruses or refusal by the bank where the payment is made in advance.

6.9

Where appropriate, it is possible to make an Online Reservation that is paid following an invoice. In that case, the following conditions must be met:

– the Online Reservation must be made by a Client (corporate or private) for a Guest;

– the Online Reservation must be made at the latest 14 days before the actual date of arrival;

– the invoice must be paid at the latest 14 days before the actual date of arrival;

– Hotel van Schagen has confirmed in writing that it agrees to payment following an invoice. If that is not the case, the Hotel Contract cannot be formed.

 

Article 7: Cancellation

7.1

The provisions of this article apply without prejudice to the other provisions in these General Terms and Conditions. The provisions of this article do not affect the liability of the Client and/or any third party under prevailing legislation.

7.2

A Hotel Contract is irrevocable and cannot be cancelled, unless the Client unconditionally offers to pay the Reservation Value and this offer is immediately accepted by Hotel van Schagen.

7.3

Cancellations must be made by a dated letter or via e-mail. A Client cannot derive any right from any cancellation made orally.

 

 

Article 8: Liability of Hotel van Schagen

8.1

Unless there is intent or gross negligence on the part of Hotel van Schagen, Hotel van Schagen does not accept any form of liability.

8.2

Unless there is intent or gross negligence on the part of Hotel van Schagen, Hotel van Schagen does not accept liability for damage caused to or by any Guest´s vehicle.

8.3

Unless there is intent or gross negligence on the part of Hotel van Schagen, Hotel van Schagen does not accept liability for direct or indirect damage/loss caused to anyone or anything as a direct or indirect result of a defect of whatever name in or on any movable or immovable property, which is either owned by or otherwise at the disposal of Hotel van Schagen.

8.4

Liability of Hotel van Schagen shall never exceed the value of the Hotel Contract, or the compensation of the damage/loss as covered by the insurance taken out by Hotel van Schagen.

8.5

Unless there is intent or gross negligence on the part of Hotel van Schagen, Hotel van Schagen is not liable for any damage to or loss of property of the Guests. The Client indemnifies Hotel van Schagen from any claim made by any Guest in that respect.

8.6

Hotel van Schagen is indemnified in full by the Client from any claim of whatever name made by any Guest or any third party against Hotel van Schagen in respect of the rights, in the widest sense possible, under the Hotel Contract concluded. This indemnity obligation also applies to the Hotel Contract if all or part of it is terminated, for any reason whatsoever.

 

Article 9: Liability of the Guest and/or the Client

9.1 The Client/the Guest is jointly and severally liable for any damage/loss arising for Hotel van Schagen or for any third party as a direct or indirect consequence of breach of contract and/or tort committed by the Client/the Guest.

9.2 This form of liability also applies to the Guest violating the house rules.

9.3 This form of liability also applies to any loss/damage caused by any property held by or supervised by the Client/the Guest.

9.4

Liability of Hotel van Schagen shall never exceed the value of the Hotel Contract, or the compensation of the damage/loss as covered by the insurance taken out by Hotel van Schagen.

9.5

Unless there is intent or gross negligence on the part of Hotel van Schagen, Hotel van Schagen is not liable for any damage to or loss of property of the Guests. The Client indemnifies Hotel van Schagen from any claim made by any Guest in that respect.

9.6

Hotel van Schagen is indemnified in full by the Client from any claim of whatever name made by any Guest or any third party against Hotel van Schagen in respect of the rights, in the widest sense possible, under the Hotel Contract concluded. This indemnity obligation also applies to the Hotel Contract if all or part of it is terminated, for any reason whatsoever.

 

 

Article 10: Rates and payment

10.1 The rates may vary, depending on the type of accommodation, time of reservation, payment terms and cancellation terms.

10.2 The Client shall owe Hotel van Schagen the amounts specified in the Hotel Contract. For special Services, such as extra cleaning of the room, Hotel van Schagen may charge the Client/the Guest a fee.

10.3 Payment of all invoices, including the invoice regarding cancellation or no show, shall be made via the Internet by the Client/the Guest. The designated place of payment is Schagen.

10.4 The Client and/or the Guest is/are jointly and severally liable for any claim that Hotel van Schagen may have now or in the future against either or both of them, for any reason whatsoever. Neither the Client nor the Guest may invoke any preferential right of enforcement.

10.5 The Client is deemed to also conclude the Hotel Contract for and on behalf of every Guest. By showing up, the Guest intimates that the Client was authorized to represent him/her in that respect.

10.6 Hotel van Schagen has a right of retention to any and all property brought by the Guest, as long as the Guest and/or the Client has not fully satisfied the payment obligation towards Hotel van Schagen.

10.7 If payment is not made, the Client and/or the Guest shall automatically be in default. In that case, the Client or the Guest shall be obliged to pay default interest without a notice of default being required. The default interest shall be the interest at the statutory rate plus 2% over the amount due as of the invoice date.

10.8 The Client/the Guest in default pursuant to the foregoing in this article shall also owe any and all extrajudicial and pre-trial costs, as well as the judicial costs as of fourteen (14) days following the date on which Hotel van Schagen sent a warning to no avail. The extrajudicial costs shall be determined in conformity with the Dutch Extrajudicial Debt Collection Cost Compensation Decree (Besluit Vergoeding voor Buitengerechtelijke Incassokosten), with a minimum of € 50.

10.9 Payment shall first be used to settle the enforcement cost due, next the judicial, extrajudical and court costs, then the interest, the loss and lastly the principal sum.

10.10 Payments shall be made in euros.

 

Article 11: Privacy and information provision

11.1 Guests are obliged, not least because of statutory regulations, to provide personal data upon arrival and to complete the registration form in full.

11.2 Hotel van Schagen shall use this data in connection with the Guest staying in the hotel.

11.3 Otherwise, Hotel van Schagen shall act in accordance with the provisions of the Dutch Personal Data Protection Act and the privacy statement posted on its website.

 

Article 12: Force majeure

12.1 Force majeure shall include illness among staff reasonably rendering operations impossible, war, threat of war, riots, strikes, water damage, fire, flooding and/or government measures.

12.2 In the even of force majeure, Hotel van Schagen can either cancel or suspend the Hotel Contract. In that case, there is no obligation on the part of Hotel van Schagen to pay any compensation.

 

Article 13: Lost and found items

13.1 Guests must hand in to Hotel van Schagen any item lost or left behind in the hotel by another Guest as soon as possible.

13.2 Hotel van Schagen shall acquire title to any item which has not been asked for by the owner within one year of it being handed in to Hotel van Schagen.

13.3 Lost and found items may be sent at the expense and risk of the Guest. Hotel van Schagen has no obligation to forward any such item.

 

Article 14: Governing law and disputes

14.1 All contracts of whatever name shall be governed by Dutch law, excluding any foreign legislation and conventions such as the Vienna Convention.

14.2 Any dispute of whatever name arising from a contract to which these General Terms and Conditions apply, shall be submitted to the District Court.

14.3 An invalid provision of these General Terms and Conditions shall not affect the validity of the other provisions. Where a provision proves to be invalid, for any reason whatsoever,

Hotel van Schagen and the Client and/or Guest shall be deemed to have agreed upon a valid provision that approximates the invalid provision where possible in terms of purport and scope.