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Terms & conditions

These terms and conditions shall apply to contracts regarding the renting of hotel

rooms for accommodation, as well as to all other services of The Guesthouse Vancouver

that are provided for the customer in this context (hereinafter referred to as: the

Contract). The term “Contract” shall include and replace the following terms: hotel

accommodation contract, lodging contract, guest accommodation contract and hotel

room contract. The term “Customer” shall refer uniformly to guests, purchasers, tenants,

event organizers, agents etc. The following terms and conditions shall apply to all

services of The Guesthouse Vancouver (hereinafter referred to as: the Hotel).

 

I. Conclusion of the Contract

1. The Contract shall come into effect through the acceptance of the Customer’s

application by the Hotel. The acceptance shall take place in the form of a booking

confirmation from the Hotel. If the payment or the authorization of the means of

payment fails during a booking via the Hotel’s website

(www.theguesthousevancouver.com), no booking shall be made and no contract shall

come into effect.

 

2. The subletting of the rooms and their use for purposes other than accommodation

shall require the prior consent of the Hotel in writing.

 

3. Bookings may only be made by people with full legal capacity. When it receives a

booking, the Hotel assumes that there are no restrictions to the legal capacity of the

person making the booking.

 

4. In the event of a group booking via the Hotel’s booking centre, the latter’s group

terms and conditions shall take precedence. In this case, the general terms and

conditions shall apply on a subsidiary basis; in the event of discrepancies, the provisions

of the group terms and conditions shall take precedence.

 

5. The valid house rules shall also be part of the Contract. The house rules are displayed

in the Hotel. A printout can also be requested by the Customer at the Hotel.

 

 

6. The Customer shall be solely responsible for the accuracy of the booking data

transmitted upon conclusion of the Contract. They must check this again when they

receive the booking confirmation and must disclose any inaccuracies immediately in

writing. The Hotel shall not be liable for claims arising from incorrectly entered data.

 

II. Services, prices, payment

 

1. The Hotel is obliged to have the room booked by the Customer ready and to provide

the agreed services.

 

2. The Hotel shall be entitled to accommodate customers at the booked price in another

hotel with comparable facilities and services, without further claims arising against the

Hotel as a result, if there is good reason for this – in particular if accommodation in the

reserved Hotel is not possible – and if this is reasonable for the Customer.

 

3. The Customer is obliged to pay the prices that are applicable at the time of the

booking and thus agreed for the rental of the room and the other services booked or

claimed by him. This shall also apply to services commissioned by the Customer directly

or via the Hotel which are provided by third parties and are disbursed by the Hotel.

 

4. The Hotel reserves the right not to accept certain means of payment (American

Express, Diners Club, cheques, digital currencies, cash) for the payment of the price.

When making a booking via the Hotel’s website (www.theguesthousevancouver.com),

the Customer shall be expressly advised of this with information about the accepted

means of payment.

 

5. The agreed prices shall include the taxes and local charges that are applicable at the

time of the conclusion of the Contract. The Hotel shall operate dynamic pricing. The

Hotel and the guest shall be bound by the price and the scope of the services agreed

upon the conclusion of the Contract.

 

6. In the context of dynamic pricing, the Hotel may make its consent to a subsequent

change that is desired by the Customer with regard to the number or category of the

booked rooms or beds, the service provided by the Hotel or the length of the stay of the

Customer dependent upon an increase in the price for the room rental and/or the other

services of the Hotel.

 

7. The Hotel shall be entitled to demand an appropriate advance payment or security,

for example in the form of a credit card guarantee, upon conclusion of the Contract. The

amount of the advance payment and the payment dates can be agreed in the Contract

in text form.

 

8. The total price less any advance payments already paid shall be due, unless otherwise

agreed, upon arrival before the room is provided and/or other services are rendered.

 

9. Payment on account shall only be possible with the express consent of the Hotel, to

which there is no entitlement, and in return for an advance confirmation of an

assumption of costs that is accepted by the Hotel. If the booking is not made by a public

authority or state institution, the Hotel shall require a security in the form of a credit

card guarantee. The Hotel reserves the right to reject declarations regarding the

assumption of costs in the individual case. The bill shall be sent to the

company/institution which has promised to assume the costs after the Customer’s stay.

The bill shall then be due for payment immediately after receipt.

 

 

10. Separate confirmations for visa applications shall only be issued after the payment of

the entire price of the booking in advance.

 

11. Any bank charges and exchange rate differences arising during the payment of the

price shall be borne by the Customer. In the event of return debits or chargebacks, the

Hotel shall invoice the Customer for the costs incurred.

 

12. Reimbursements shall generally take place via the original means of payment. In

exceptional cases, a reimbursement in cash on-site or by bank transfer to the account of

the Customer or via the Customer’s credit card shall be possible. If the Hotel is not

responsible for the reason for the reimbursement, the provisions of Paragraph 11 above

shall apply.

 

III. Withdrawal of the Customer (cancellation) / non-utilisation of the booked

services (“No show”)

 

1. The Customer’s right of withdrawal must be exercised in text form.

 

2. The concluded contract for the provision of services in the area of accommodation

shall not be subject to a right of revocation. The Customer shall only be entitled to a

right of withdrawal if it is determined by the law or has been expressly agreed

contractually and in text form between the Hotel and the Customer.

 

IV. Withdrawal of the Hotel

 

1. If an advance payment or security that is agreed or required in accordance with

Section III Paragraph 7 is not made even after the expiry of an appropriate grace period

set by the Hotel, the Hotel shall be entitled to withdraw from the Contract.

 

2. The Hotel shall also be entitled to withdraw from the Contract without notice for a

justified objective reason, especially if - 

• force majeure or other circumstances for which the Hotel is not responsible make

the fulfilment of the Contract impossible;

• rooms are booked with the provision of misleading or false information or the

concealment of essential facts; essential facts may include the identity of the

Customer, his financial solvency or the purpose of the stay;

• the Hotel has legitimate cause for the assumption that the utilization of the Hotel

services may put the smooth operation of the business, the security or the public

reputation of the Hotel at risk, without this being attributable to the Hotel’s

management and organization;

• the purpose or the reason for the state is unlawful;

• an infringement against the house rules takes place which means that the

continuation of the Contract until its agreed end cannot reasonably be expected

of the Hotel, giving due consideration of the interests of both parties. This shall

particularly apply if the Customer has already been given a warning by the Hotel

on account of this infringement.

 

3. The legitimate withdrawal of the Hotel shall not give the Customer grounds to claim

compensation for damages

 

V. Arrival and departure, other provisions regarding the hotel stay

 

1. The Customer shall acquire no right to the provision of specific rooms, unless the

Hotel has confirmed the provision of specific rooms in writing.

 

2. Booked rooms shall be available to the Customer from 3 pm on the agreed day of

arrival. The Customer shall not be entitled to have his rooms provided earlier.

 

3. Booked rooms must be claimed by the Customer by 5 pm at the latest on the agreed

day of arrival, unless there is a guaranteed booking which has been confirmed by an

advance payment or a credit card guarantee. In the event of bookings that have not

been guaranteed (bookings with a credit card), the Hotel has the right to give the room

to someone else after 5 pm, without the Customer deriving any claims for compensation

from this.

 

4. On the agreed day of departure, the rooms must be vacated by 11 am at the latest. If

the room is vacated later than this, the Hotel may demand the agreed rent or the rent

that is customary for comparable services locally as compensation for the period for

which the room is retained. The assertion of further damages shall not be ruled out. In

the event of a late departure that has been booked in advance, the departure time shall

be extended until 2 pm at the latest.

 

5. If the total number of persons arriving exceeds the contractually agreed number of

persons, there shall be no entitlement to accommodation for the additional persons.

 

7. There shall be a maximum stay of 14 nights. The Hotel reserves the right to reject

bookings that contravene this principle

VI. Illness or death of the Customer

 

1. If a Customer falls ill during his stay at the Hotel, the Hotel will arrange for medical

care at the Customer´s request. In case of imminent danger, the Hotel will arrange for

medical care even without the Customer 's special request, especially if this is necessary

and the Customer is not able to do so himself.

 

2. As long as the Customer is not able to make decisions or the relatives of the

Customer cannot be contacted, the Hotel will arrange for medical treatment at the

expense of the Customer. However, the scope of such care shall end at the time when

the Customer is able to make decisions or when the relatives have been notified of the

illness.

 

3. The Hotel has claims for compensation against the Customer or in case of death

against the legal successors, in particular for the following costs: - outstanding medical

expenses, costs for ambulance transport, medication and medical aids - room

disinfection that has become necessary, - replacement for unusable linen, bedding and

bed furnishings, otherwise for the disinfection or thorough cleaning of all these items, -

restoration of walls, furnishings, carpets, etc., insofar as they have been contaminated or

damaged in connection with the illness or death, - room rent, insofar as the premises

were occupied by the Customer, plus any days of unusability of the rooms due to

disinfection, evacuation, or the like - any other damages incurred by the Hotel.

 

VII. Liability and limitation period

 

1. The Customer shall be liable for damage culpably caused by him, including to the

fixtures, or severe soiling. The Hotel reserves the right to demand a deposit upon arrival

or during the stay, which will be paid back upon departure, provided that the Hotel has

not been able to identify any damages or severe soiling which can be attributed to the

Customer in terms of the above paragraph by then. Damages or costs for the removal of

severe soiling which exceed the amount of the deposit must be settled directly on-site

by the person(s) responsible upon departure at the latest. They can also be invoiced

subsequently by the Hotel, especially if the Hotel is invoiced by third parties for external

costs for e.g. fire brigade or other rescue operations or for repair costs. This shall also

apply to damages and severe soiling which are only identified after the departure of the

Customer.

 

2. Smoking is strictly prohibited in all areas of the Hotel. The same applies to the

manipulation of smoke alarms or the unauthorized opening of emergency doors. In the

event of a contravention, the Hotel reserves the right to withdraw from the Contract in

accordance with Section V Paragraph 2 of the terms and conditions and/or to claim

damages.

 

3. The above limitations of liability shall not apply with regard to the data protection

rights of the Customer. The Hotel shall be liable for damages caused by it due to the

loss of life, physical injury or damage to health. It shall also be liable for other damages

which are due to a violation of the Hotel’s obligations based on wilful intent or gross

negligence. Further claims for compensation are ruled out, unless regulated otherwise

below.

4. The Customers are instructed not to leave luggage and personal items unattended in

publicly accessible rooms of the Hotel. The Hotel shall not be liable for items which are

left by Customers or visitors in generally accessible rooms of the Hotel, in the luggage

room, or in unlocked rooms. For items which the Customer properly puts into the locked

locker box provided for this, the liability shall be restricted to the legally permissible

level. Liability for slight negligence shall be excluded, in particular. The liability shall be

further restricted to personal items of the Customer; valuables such as jewellery, money,

mobile phones, laptops, tablets, etc. shall be excluded from the liability.

 

5. Disclaimer: the Hotel shall accept no liability for damages or injuries which result from

the improper use of the furniture.

 

VIII. Web links

 

1. The online presence of The Guesthouse Vancouver may contain hyperlinks to

websites of other partners. These hyperlinks are only provided for information purposes.

These websites are not controlled by The Guesthouse Vancouver, and The Guesthouse

Vancouver shall not be responsible for their contents. The inclusion of hyperlinks to such

other websites in the online presence implies neither an endorsement of the material

that can be found on these websites nor a connection with their operators.

 

IX. Final provisions

1. Amendments or additions to the Contract, the acceptance of the application or these

terms and conditions shall take place in text form. Unilateral amendments or additions

by the Customer shall be invalid.

 

2. The place of fulfilment and the place of payment shall be the registered place of

business of the Hotel.

 

3. The exclusive place of jurisdiction in commercial dealings shall be the registered place

of business of the relevant Hotel. If a Party does not have a general place of jurisdiction

in the country, the place of jurisdiction shall be the registered place of business of the

Hotel under company law. The Hotel is, however, entitled also to institute lawsuits or

other legal proceedings at the general place of jurisdiction of the Customer

 

4. The law of Canada shall apply.

 

5. If individual provisions of these terms and conditions are or become invalid or void,

the validity of the remaining provisions shall not be affected. The Parties shall replace

the invalid provision with a provision that corresponds to the economic intent in a

legally permissible manner.

 

6. The Hotel distances itself in all respects from discrimination, radicalism, violence and

xenophobia and reserves the right not to accommodate people who lack this distance.

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