General Terms & Conditions

The general terms and conditions apply to all reservations made via the hotel website, email or telephone reservations or via third parties.

 

Article 1. Definitions

In these general terms and conditions as well as in all offers, agreements or conclusion of agreements to which these general terms and conditions apply, the following terms shall have the following meanings:

1.1. Hotel: the accommodation company to which the conditions apply.

1.2. Services: the accommodations to be provided by the hotel, including all associated activities and/or services.

1.3. Guest: the person to whom the hotel must provide services on the basis of an agreement concluded with an intermediary. Where these conditions refer to guest, this also includes those who accompany the guest. Unless expressly stated otherwise in these conditions, guest or customer are understood to mean both the guest and the customer.

1.4. Intermediary: the natural or legal person who has concluded an agreement with the hotel to provide services. Intermediary also means the person who has concluded an agreement to provide services, whether or not in the name of his/her relations. A natural person who does not act in the exercise of his or her profession or business is also referred to in these conditions as a guest.

1.5. Hotel agreement: the agreement concluded between the hotel and the intermediary or guest whereby the hotel, against payment by the intermediary or guest, provides services to that intermediary and/or guest(s). Where these conditions refer to a hotel agreement, this is also understood to mean any other agreement to which these conditions have been declared applicable. These conditions also apply to guests who have entered into a hotel agreement through a third party. Reservations made through a third party may have different conditions.

1.6. Online reservation: the reservation made using the reservation form to conclude a hotel agreement available on the hotel website. Online reservations made through a third party may have different conditions.

1.7. Reservation: the hotel agreement entered into in writing by the guest or intermediary and the hotel, whereby the period and conditions under which the hotel agreement will be executed are established between the guest or intermediary and the hotel.

 

Article 2. Applicability of these conditions

2.1. These general terms and conditions apply to all offers, agreements and the conclusion of agreements with the hotel.

2.2. Offers, agreements or the conclusion of agreements that deviate from these general terms and conditions are only valid if expressly agreed upon in writing with the hotel. The deviation applies only to that specific hotel agreement.

2.3. Unless expressly and in writing notified to the hotel in advance by the guest or intermediary, the guest, intermediary or any other (legal) person agrees to these General Terms and Conditions.

 

Article 3. Formation of the agreement

3.1. All offers and quotations from the hotel are without obligation and are in any case only valid to the extent that the capacity of the hotel is sufficient. In the case of an online reservation, it is assumed that the most up-to-date offer possible is displayed.

3.2. In the event that the guest or intermediary has accepted an offer and the capacity of the hotel proves to be insufficient, the hotel has the right, within a period of 48 hours after receiving the reservation or within a period of 1 day for the first overnight stay or later if this cannot reasonably be expected of the hotel, to still invoke the provision as described above under article 3.1 and may amend or cancel the agreement. However, a solution will first be sought in accordance with the provisions of article 4.4 regarding amendments.

3.3. A reservation is only final after the reservation has been confirmed in writing by e-mail by the hotel. An exception applies when the reservation is made by telephone on the day of arrival, in which case the verbal reservation is final.

3.4. When making an online reservation, the agreement is concluded at the moment that the guest or intermediary accepts the offer by filling in his/her details and sending them in by submitting the reservation form. The hotel will send the guest or intermediary an e-mail with the confirmation. Without confirmation or payment made by the guest or intermediary, the guest or intermediary can always cancel the agreement.

cancel. This is in deviation from article 3.3. If the guest or intermediary has not received the confirmation, it is the guest or intermediary's own responsibility to contact the hotel about this.

3.5. It is the responsibility of the guest or intermediary to ensure that the correct details (including name, email address, telephone number, number of guests (adults and children)) are provided to the hotel. The guest must inform the hotel of any changes. By providing the details to the hotel, the guest gives permission for the hotel to contact them regarding the reservation made.

3.6. When making a reservation by telephone, the guest will receive the confirmation email within 1 hour (during office hours) after making the reservation. When making a reservation by email, the guest will receive the confirmation email within 12 hours after confirming the quote. If the guest has not received this, it is the guest's own responsibility to contact the hotel about this.

3.7. Any agreement entered into by an intermediary is deemed to be concluded partly for the account and risk of this intermediary. Any payment by a guest will release the intermediary to the same extent.

3.8. Unless expressly agreed in writing, the hotel shall not owe any commission, provision, or whatsoever, to an intermediary.

3.9. The hotel is entitled to cancel an (online) reservation if a guest has not reported on the first reserved day after the first night at 11:00 in the morning and has not informed the hotel in time about the delay in arrival time. The payment obligation remains valid as previously agreed.

3.10. In case of a change of arrival and/or departure date, the original, definitive reservation will lapse and, in mutual consultation, a new definitive reservation will be made. The prices and/or conditions may change compared to the original reservation.

3.11. The hotel compiles the information on the website with the greatest care, nevertheless, during the transfer of data and/or due to technical failures and/or other circumstances, inaccuracies in the data may occur; and/or the data may be incomplete. The descriptions and photos of the relevant room types may differ in reality and are for illustrative purposes only. All online reservations are subject to obvious changes and/or errors. Changes in the VAT rate and/or tourist tax, or other legally required taxes, will be passed on to the guest at all times. The tourist tax may change between the time of booking and the time of stay. If applicable, the hotel will inform the guest/intermediary of this.

3.12. Name changes of guests will only be accepted if the intermediary forwards this name change via its own system. For reservations made directly with the hotel, the guest must submit the name change in writing.

3.13. Guests must be 18 years of age or older to stay at the hotel, or must be accompanied in the same room by a person 18 years of age or older.

3.14. If the guest needs a visa to stay at the hotel, the hotel does not bear any responsibility for this. If desired, the hotel can send a visa confirmation by email at the request of the guest. For this, a full deposit of the first night of the stay is required via payment link. This is a non-refundable payment, in case of cancellation no refund will be given. The hotel does not bear any responsibility for whether or not a visa is granted to a guest.

3.15 The hotel will not accept reservations without a valid credit card, unless the non-refundable rate has been booked and/or fully prepaid. The cardholder and the credit card must be present at the hotel at the time of arrival. If the guest does not have a valid credit card, the hotel is entitled to cancel the reservation.

3.16 The hotel charges all hotel guests a tourist tax.

 

Article 4. Obligations of Hotel

4.1. The hotel will make the agreed accommodation available to the guest during the agreed period and/or provide the agreed services in accordance with the quality standards applicable within the hotel.

4.2. The provision as described above under article 4.1. shall not apply if:
a. in the event of force majeure as described in these conditions in the article regarding force majeure (article 9);
b. the guest does not appear, or appears more than half an hour late after the agreed deadline or the deadline mentioned in article 3.10;
c. if the advance payments or interim payment referred to in article 7 have not been paid or have not been paid on time by the intermediary or guest;
d. the intermediary does not and/or does not fully comply with the obligation that the intermediary has towards the hotel;
e. the guest has opted for payment upon arrival at the hotel and is not in possession of a valid credit card in his or her name;
f. the guest does not comply with the house rules.

4.3. Unless otherwise agreed in writing, the hotel will make the accommodation available to the guest from 3:00 p.m. on the day of arrival until 11:00 a.m. on the day of departure.

4.4. The hotel is entitled to offer the guest other hotel accommodation than would be made available under the hotel agreement. In the event that the hotel accommodation offered and accepted by the intermediary or guest is cheaper than the original accommodation, the hotel will make the amount of the saving available to the guest or intermediary. The hotel will in no event be liable for any further compensation.

 

Article 5. Group reservations

5.1. From five rooms onwards, a reservation falls under group reservations. Provisions that apply to individual reservations also apply to group reservations. In the event of a conflict between provisions, the provisions in this article prevail.

5.2. An intermediary or guest can make a so-called optional reservation for a group reservation. An optional reservation is only made after it has been confirmed in writing by the hotel. An optional reservation can be held until the agreed date. Unless expressly agreed in writing, an optional reservation will automatically expire at 12:00 in the afternoon.

5.3. A definite reservation is only made after it has been confirmed in writing by the hotel and the deposit has been received. In the event of a change in the arrival and/or departure date, the original definite reservation will lapse and the new definite reservation will be moved to the desired dates in mutual consultation based on availability. If availability does not allow this, the cancellation conditions apply (Article 5.6.).

5.4. For a group reservation, a guest or intermediary can reduce a maximum of 2 rooms from the original definitive number of rooms reserved free of charge up to two weeks before arrival, unless otherwise agreed.

5.5. Increasing the number of rooms originally reserved can only be done in consultation with the hotel. The hotel is in no way responsible for increasing the number of rooms originally reserved without consultation.

5.6. In the event of a complete cancellation of a definite reservation up to eight weeks before arrival, no costs will be charged, except for the non-refundable deposit that was made upon confirmation of the group reservation. Eight weeks before arrival, 50% of the total reservation value must be paid. Free cancellation is no longer possible after receipt of payment. In the event of a complete cancellation of a definite reservation less than four weeks before the arrival date, the guest or intermediary must reimburse the hotel 100% on the basis of bed and breakfast and any reserved group dinners. The guest or intermediary must ensure that the hotel is in possession of the list of names of the guests no later than seven working days before the arrival date.

5.7. If the guest or intermediary fails to comply with the previous articles, the hotel will consider the final reservation as cancelled. This cancellation will be considered as a cancellation of a final reservation (Article 5.6.). The guest or intermediary will not receive a refund of the amount already paid. If a partial payment has been received, the guest or intermediary is only entitled to the number of rooms to the value of the payment.

5.8. The hotel does not accept youth groups. These are groups where more than 30% of the participants are younger than 22 years old.

 

Article 6. Cancellation

6.1. When the reservation is made through a third party ((online) Travel agent/booking website), other conditions may apply.

6.2. A hotel agreement is irrevocable and cannot be cancelled unless otherwise agreed in the terms and conditions.

6.3. Specifically for online reservations, consumers have no right of cancellation, in accordance with article 6:230p BW. Dutch law applies to all agreements, regardless of their name, even if the guest or intermediary resides outside the Netherlands.

6.4. If a specific cancellation rule applies and/or is mentioned on the hotel's website, this is considered a fixed part of the offer and takes precedence over the provisions in this article regarding irrevocability. The guest then has the option to cancel as stated on the booking confirmation and if the conditions allow this.

6.5. If the guest has already checked in, free cancellation is never possible. There is no refund of costs already paid. This also applies to all additional booked facilities and services.

6.6. Cancellation must be made in writing, including online via the designated form (website), by e-mail and dated.

6.7. Unless it concerns a group reservation (Article 5), unless otherwise agreed in writing, unless the reservation was made through an intermediary and/or third party, a reservation can be cancelled free of charge up to 23:59 hours before the day of arrival.

6.8. In the event of cancellation of a non-refundable reservation, the hotel will not provide any refund under any circumstances.

 

Article 7. Room rates and payment

7.1. Prices may vary by type of accommodation, day, time of booking, rate type, payment conditions and cancellation policy.

7.2. The guest or intermediary owes the hotel the amounts stated in the hotel agreement. The hotel may charge the guest and/or intermediary an additional fee for special services such as use of parking garage, telephone, payment of tourist tax, etc. Costs are clearly communicated.

7.3. All invoices, including the invoice regarding cancellation or no show, will be paid by the guest and/or intermediary before or upon arrival. The place of payment is designated as the relevant establishment of the hotel to which the invoice relates.

7.4. The intermediary is expected to conclude the hotel agreement or any other agreement also on behalf of each guest of the intermediary. By appearing, the guest indicates that the intermediary was authorized to represent him.

7.5. Payment is made in Euro, by means of Mastercard/VISA/AMEX or Debit/iDeal/Maestro/pin card/payment link. If the hotel accepts payment in foreign currency, the market rate applicable at that time applies. The hotel is entitled to charge a maximum of 10% of the amount in foreign currency as administration costs in the event of payment in foreign currency. The hotel is not responsible for differences in exchange rates.

7.6. The hotel has the right to refuse cheques, Euros in cash, and other similar means of payment, or other means of payment than those mentioned above. Furthermore, it is up to the hotel which payment methods are offered. In the case of an online reservation, the payment options are communicated in good time before the conclusion of the agreement. The hotel is entitled to demand (partial) advance payment. This applies to all types of reservations and this amount is ultimately settled with the final amount to be paid. In the event of free cancellation, the amount already paid will be refunded as soon as possible. (Partial) refunds are made using the same means of payment that was previously used.

7.7. The hotel will not accept reservations without a valid credit card, unless the non-refundable rate has been booked and paid in full at least 48 hours prior to arrival and/or the flexible rate has been booked and paid in full at least 24 hours prior to arrival. The cardholder and the credit card must be present at the hotel at the time of arrival. If the guest does not have a valid credit card, a payment link can be sent. In the absence of payment, the hotel is entitled to cancel the reservation.

7.8. If the guest uses services in the hotel during his stay (Article 7.2.), the hotel is entitled to demand payment for the services used.

7.9. If the guest or intermediary does not meet his payment obligation in time, he will owe statutory interest on the amount still owed after the hotel has informed him of the late payment and the hotel has granted the guest or intermediary a period of 14 days to meet his payment obligations. The hotel is entitled to charge the extrajudicial collection costs incurred by him.

7.10. If a guest or intermediary requests an invoice for a previous reservation or requests changes to the invoice, the hotel is entitled to charge €25.00 administration costs per invoice.

7.11. It is the guest's or intermediary's own responsibility to book for the number of persons (adults and children) who will actually stay in the hotel and/or use the services. If the guest or intermediary books for fewer persons than present, the hotel is entitled to charge the underpaid amount for tourist tax and/or services.

7.12 When booking a flexible rate with payment on arrival, the credit card provided for the booking must be owned by the guest and must be presented upon check-in. Check-in will not be accepted if the guest and the credit card holder are not present. Upon arrival, the hotel reserves the right to compare the credit card number used for the booking with the actual credit card. If the credit card holder is not present or the credit card does not belong to the guest, the hotel reserves the right to cancel the booking. If a payment link was sent at the time of booking, payment must be made by the time the reservation deadline expires.

 

Article 8. Residence

8.1 All guests entering the hotel are required to register.

8.2 Smoking is strictly prohibited in all hotels. In case of violation, the hotel will impose a fine of €150 on the guest and the guest must leave the hotel without refund of already paid costs. If the guest disables the smoke detector and thereby endangers the entire hotel, the hotel will impose a fine of €150 on the guest and the guest must leave the hotel without refund of already paid costs.

8.3 Pets are not allowed in the hotels. The hotel has the right to cancel the reservation without refund of already paid room costs if guests want to check in with pets.

 

Article 9. Liability

9.1 This article only applies if the guest or intermediary is a (legal) person acting in the exercise of his profession or business. If there is a consumer-customer, the liability of the hotel is limited to the extent that this is legally possible.

9.2 Unless there is intent or gross negligence on the part of the hotel, the hotel accepts no liability in any form whatsoever.

9.3 Unless there is intent or gross negligence on the part of the hotel, the hotel accepts no liability for damage caused to or with vehicles of the guest.

9.4 Unless there is intent or gross negligence on the part of the hotel, the hotel accepts no liability for damage that occurs directly or indirectly to anyone or anything as a direct or indirect result of any defect or anything whatsoever in or on any movable or immovable property of which the hotel owns, leases or rents or which is otherwise at the hotel's disposal.

9.5 The hotel's liability will never exceed the value of the hotel agreement or the compensation for damage as covered by the hotel's insurance company or the damage as compensated by any other third party to the hotel.

9.6 The hotel shall be fully indemnified by the guest or intermediary against any claim, or whatever name, which a guest and/or any third party makes or may make against the hotel in respect of claims in the broadest sense of the word, of the hotel agreement concluded with the guest or intermediary or any other agreement. This obligation to indemnify shall also apply with respect to the hotel agreement if it is terminated in whole or in part for whatever reason.

9.7 The hotel is not responsible for any property brought into or around the hotel. This property is brought by the guest at his own risk. The hotel cannot be held responsible for damage or loss of property of the guest, even if it is left behind, lost or damaged before, during or after the stay in the hotel.

 

Article 10. Force Majeure

10.1 Force majeure includes, but is not limited to: illness among personnel that makes business operations reasonably impossible, war, equipment failure, threat of war, riot, strike or occupation, water damage, molestation, terrorism, fire, flooding, natural disaster (such as tsunami, volcanic eruption, etc.) or government measures that make business operations reasonably impossible.

10.2 In the event of force majeure, the hotel may either cancel or suspend the agreement. In that case, there is no obligation on the part of the hotel to compensate for any damage. In the event of a cancellation of a non-refundable reservation, the hotel will not provide a refund under any circumstances.

10.3 The above also applies when force majeure occurs with persons and/or services and/or institutions that the hotel uses in the performance of the hotel agreement or any other agreement. This also includes that which occurs with the aforementioned persons and/or services and/or institutions as a suspensive or resolutive condition or the default of the aforementioned persons and/or services and/or institutions. The hotel is not obliged to demonstrate the influence thereof on its business.

 

Article 11. Warranty and conformity

11.1 The hotel guarantees that the services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations in force on the date the agreement was concluded.

11.2 If the service provided does not correspond to the agreement, the guest must inform the hotel of this within a reasonable period after discovering the defect. This means, in any case, both during the stay and a maximum of 14 days after using the service. It is the guest's responsibility to demonstrate that the defect was reported during the stay.

11.3 If the hotel considers the complaint to be justified, the relevant products will be repaired, replaced or (partially) reimbursed after consultation with the guest or intermediary if repair and/or replacement is not possible. The maximum reimbursement is equal to the price paid by the guest or intermediary for the product.

 

Article 12. Complaints procedure

12.1 If the guest has a complaint about a product and/or other aspects of the hotel's services, he can submit a complaint to the hotel by e-mail during the stay.

12.2 Complaints after departure will only be handled if you can demonstrably demonstrate that you have informed us about this during your stay.

12.3 Any complaint against the hotel or in relation to the hotel must be submitted as soon as possible, but in any case within 14 days after the planned day of use of the product and/or service (e.g. check-out date). Any claim or complaint submitted after the period of 14 days may be refused and the guest will lose his right to any compensation.

12.4 The hotel will respond to the guest's complaint as soon as possible, but in any case within 5 working days after receipt of the complaint. If it is not yet possible to give a substantive or definitive response, the hotel will confirm receipt of the complaint within 5 working days after receipt of the complaint and give an indication of the period within which it expects to give a substantive or definitive response to the guest's complaint.

 

Article 13. Applicable law and disputes

13.1 All agreements, regardless of their name, are governed by Dutch law, even if the guest or intermediary resides outside the Netherlands.

13.2 Except as provided below and unless mandatory provisions of law oppose this (such as those relating to consumer disputes), all disputes that may arise from an agreement to which these terms and conditions apply in whole or in part will be settled by the court in Amsterdam.

 

Boutique Hotel Hans, 2024