General Terms and Conditions of Business
1. Object of the Agreement
These general Terms and Conditions of Business (“Terms and Conditions”) govern the legal relationship between you and the Burnside Hotel (hereinafter referred as the Hotel) and apply to the rental provision of hotel rooms for accommodation purposes, and to seminar, conference, banqueting and event spaces for events such as banquets, seminars, conferences, exhibitions, presentations, etc., and to all related goods and services supplied by the Hotel to the contractual party (the “Customer”). The General Terms and Conditions of Business of the contractual partner and credit card companies do not apply here and are expressly excluded. The reservation/order confirmation, or confirmation of an offer signed by you, serves as the basis of the agreement.
2. Expiry Dates
The contract becomes effective when the customer makes the booking by giving credit/debit card details on the phone, in person or online. Making the booking, implies acceptance of the terms & conditions of the hotel. If acceptance is not received from the Customer by the expiry date set by the Hotel, the offer will cease to be valid. Expiry dates (for offers, order confirmations etc.) are binding for both parties. Right of use of the reserved conference rooms / bedrooms automatically reverts to the Hotel once the expiry date has passed, and the Hotel shall be entitled to rent them out to third parties. Where there is any difference between the contract and the present Terms and Conditions, the provisions of the contract shall prevail. The contracting parties are the Hotel and the Customer. If the Customer is not the actual organiser and the Customer uses the services of a commercial agent or organiser as an intermediary, then the Customer and the organiser shall be jointly and severally liable towards the Hotel for all obligations arising from the agreement.
The Hotel undertakes to provide the services ordered by the customer and agreed by the Hotel. The Customer undertakes to pay the agreed or applicable Hotel rates for these and other services used. This also applies to services and expenses to third parties arranged by the Hotel on behalf of the Customer, notably with regard to claims asserted by copyright companies. The contractually agreed prices include statutory value-added tax. In the event of a VAT increase, prices will be adjusted in line with the VAT rate applicable at the time of the event or service being provided. The contractually agreed prices also include a service charge. If the period between concluding the contract and the time of the event or service exceeds twelve months, and the Hotel increases the rate charged for services of the same kind, the contractually agreed rates may be adjusted accordingly by the Hotel.
The Hotel reserves the right to request a reasonable advance payment or security deposit from the Customer on conclusion of the contract. The amount of the deposit and the exact date on which it is due are defined separately in the contract. When attendees at an event are themselves paying separately for purchased services (e.g. parking, drinks etc.), but do not settle their bills for these services locally, any services used but unpaid for will be charged to the organiser’s overall invoice.
Any cancellation has to be notified to the hotel in writing. The Hotel reserves the right to furnish evidence of a greater loss. The relevant notice date is the date on which a cancellation reaches the Hotel.
4.1 Cancellation by the Customer
Written consent from the Hotel is required if the Customer wishes to withdraw from, cancel, or change the dates in the contract agreed with the Hotel. If the Hotel and Customer have agreed, in writing, to a date by which the contract may be cancelled free of charge, then the Customer may withdraw from the contract up until that date without incurring any payment or compensation charges against the Hotel. The Customer’s right to withdraw from the contract expires if they do not exercise this right in writing to the Hotel by the agreed date. For all room bookings, cancellation is 48 hours prior to the date of arrival. Right to demonstrate that the charges invoiced did not arise or did not arise to the amount claimed.
4.2 No shows
All no shows will be invoiced to the customer at 100% of the agreed price.
4.3 Cancellation by the Hotel
The Hotel is obliged to provide the bedrooms and conference rooms listed in the reservation. However, in special circumstances, the Hotel reserves the right to cancel reservations of bedrooms and conference rooms.
Moreover, the hotel is entitled to withdraw from the contract for objectively justifiable reasons, e.g.:
– if it is impossible to fulfil the contract due to force majeure or other circumstances beyond the control of the Hotel;
– if events and/or services are booked under false pretences or on the basis of erroneous or fraudulent information (e.g. about the organiser or purpose of the event);
– the Hotel has justified cause to believe that the event and/or services may jeopardise the smooth functioning of the business or the security or public reputation of the Hotel, without such matters being attributable to the Hotel’s organisation.
In the event of justifiable cancellation by the Hotel, the Customer shall have no right to damages. Notwithstanding the previous paragraphs, the Customer is obliged to inform the Hotel without being asked when the content or nature of the event and/or services are liable to arouse public interest or impair or jeopardise the Hotel’s affairs.
5. Payment Methods
The Hotel reserves the right to request a reasonable advance payment or security deposit from the Customer at any time. We reserve the right to demand full or partial contractual prepayment for reservations. Full monies are charged 48 hours prior to the arrival date.
6. Other Provisions
6.1 Advertising and decoration
Unless otherwise agreed, prior written consent from the Hotel is required for the Customer to make reference to events at the Hotel in newspaper advertisements and advertising campaigns. Bringing and installing decorative materials or other items that could damage the Hotel’s walls or other equipment, or compromise the appearance of the Hotel, requires written consent from the Hotel. The Customer is responsible for ensuring that the decorative material conforms with fire regulations; the Hotel reserves the right to request appropriate official proof of this. Any exhibits or other items brought into the hotel are to be removed without delay and at the Customer’s own expense once the event has finished.
If the Customer asks the Hotel to dispose of packaging materials, the Hotel reserves the right to charge the Customer for any costs incurred. In the event of default, the Hotel will charge the Customer for any removal or storage by the Hotel. If the items are left in the event room, the Hotel reserves the right to charge the Customer an appropriate fee for room hire for the duration of the period the items remain there. The Customer reserves the right to demonstrate that the charges did not arise or did not arise to the amount claimed.
6.2 No smoking or vaping policy
Smoking or vaping is prohibited in all rooms and public spaces in the Hotel. Smoking or vaping is allowed in outdoor areas. Please show due consideration for other guests. The Hotel reserves the right to charge guests £ 250.00 for costs incurred by smoking or vaping.
6.3 Applicable law, place of jurisdiction
Legal relations between the Hotel and its guests are governed by the English Law. If individual provisions of this contract are or become invalid, this shall not affect the validity of the rest of the contract.
6.4 Noise levels
The Customer undertakes to ensure that noise levels at events remain at a level suitable for the environment (Hotel), in particular after midnight. The Hotel reserves the right to control noise levels appropriate in order to ensure that the environment suffers no long-term impact. Service providers working on behalf of the Customer on Hotel property must pay attention and adhere to the following: smoking is prohibited in all public areas, cloakrooms to be kept clean and tidy, meals to be eaten in specified areas only, deliveries to be made only via the Hotel’s incoming goods department or, in exceptional cases, via routes specified by the Hotel. Installations in public areas must be agreed with the Hotel. As a general rule, it is prohibited to put installations in the lobby.
6.5 Lost property
Lost property will be forwarded only at the request, risk and expense of the guest. Otherwise, the items will be stored for one month before further use is made of them. The Hotel accepts no liability for loss or damage or late delivery caused by forwarding an item via the postal service.
6.6 Food / drinks purchased elsewhere
The Customer, organiser and/or participants are not allowed to bring along food or drink to events. Any exceptions to this provision are subject to a written agreement with the Hotel. In such cases, the Hotel will charge a service fee.
6.7 Extraordinary service costs
Unless otherwise agreed, if an occasion or event continues past midnight, the Hotel reserves the right to charge a rental fee and labour costs. The Organiser may be charged for setting up the rooms, special cleaning expenses, etc.
It is the responsibility of the organiser to arrange any insurance for the event and/or materials brought in (estate brought in). The Hotel may request proof of this insurance.
6.9 Technical equipment
The contractually agreed price covers the provision of basic technical equipment (power connections, electricity, telephone without connection charges). Additional technical or other equipment can be provided by the Hotel or procured from third parties against a separate payment. If, at the Customer’s request, the Hotel provides technical and other equipment acquired from third parties, it shall act on behalf of, on the authority of and at the expense of the Customer.
The Customer requires written consent from the Hotel to use the Customer’s own electrical equipment if such equipment is to be connected to the Hotel’s power supply system. Any disruption or damage to the Hotel’s technical equipment caused by use of the Customer’s equipment shall be the Customer’s liability, unless the Hotel is responsible for the damage. The Hotel reserves the right to charge the Customer a fixed sum for electricity costs incurred.
Any malfunctions in the technical or other equipment provided by the hotel will be remedied immediately whenever possible. Unless the Hotel is responsible for such malfunctions, the Customer shall not be entitled to retain or reduce payments.
The Customer is liable to the Hotel for damages and losses caused by them, their agents or event participants, without the Hotel having to prove the fault. Exhibits or other items, including personal property, brought by the Customer to the Hotel are there at the Customer’s risk. The Hotel accepts no liability for loss, damage, destruction, or indeed for financial losses, except in cases of gross negligence or intent on the part of the Hotel. The Hotel does not accept any liability for theft or damage caused to materials brought in by the event organiser, participants, speakers or third parties. The Customer is liable for any loss or damage caused by its employees or participants at the event, and for any loss or damage caused by the Customer. The Hotel may ask the Customer to provide proof of appropriate liability insurance. Provided there is sufficient capacity, the Customer and participants may deposit valuables, cash, etc., in the Hotel safe free of charge. The relevant cloakroom provisions apply to cloakrooms (in particular, no liability for unguarded cloakrooms). In other respects, the Hotel accepts no liability for valuables, cash, clothes, musical instruments, etc. that are brought into the Hotel. The Hotel will endeavour to ensure the prompt implementation of wake-up calls, the punctuality and correctness of the delivery of messages and of post and goods consignments. Nevertheless, the Hotel accepts no liability arising from failure to fulfil the services described in the above paragraph. The Hotel will make every effort to avoid any damages, however this fact does not mean that a claim can be made against the hotel or its employees. If a guest is provided with a parking space in the Hotel garage or in a different place, including against payment, this does not constitute a safekeeping agreement. The Hotel is under no obligation to provide surveillance. The Hotel is liable to the Customer in cases of wilful or grossly negligent causation of damage to guests’ vehicles or property breaching contractual or non-contractual obligations. The damage must be pointed out to the Hotel, at the latest, by the time of leaving Hotel property. It is the responsibility of the Customer to provide proof of fault. Liability for damage caused by inadvertent or minor negligence and liability without fault are explicitly excluded. Under no circumstances does the Hotel accept liability for services it has merely procured for the guest. Special provisions apply to guests’ laundry.
8. No pets policy
9. To comply with safety regulations, do not use naked flames or candles in the rooms.
10. Check in time is from 1500 hrs. Checkout is by 1030 hrs.
Late check outs till 12 noon are at an additional charge of £45.
11. Force Majeure
No liability can be accepted and no compensation will be paid by the Property Owner, where the Holidaymaker or his personal suffer any loss, damage, injury, disappointment, inconvenience or otherwise, or where the performance or prompt performance of any obligations by the Hotel are prevented or affected by “force majeure”. In this contract “force majeure” means any event which the property owner could not have foreseen or avoided including war, threat of war, riot, civil strife, industrial action, terrorist activity, natural or nuclear disaster, fire; adverse weather conditions, closure of international borders, decease none availability of transport services interruption to services/utilities and all similar events outside the control of the Hotel.
12. Final Provisions
Should individual provisions set out in these General Terms and Conditions of Business be invalid or void, the validity of the other provisions will remain unaffected.