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Scope of application
- These terms and conditions shall apply to any rental provision of apartments for accommodation purposes and to any further services provided by the property to its customers.
- Subletting of the provided apartments for other than accommodation purposes requires the prior written consent of the property.
- Terms and conditions of the customer shall only be applicable if they have been the subject of an express prior written agreement.
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Contract conclusion, contracting parties, limitation of contractual liability and limitation period
- The accommodation contract becomes effective upon acceptance of the customer’s booking request by the property. At its own discretion, the property may confirm the apartments reservation in writing.
- Contracting parties are the booked property, hereinafter referred to as “the property”, and the customer. If a third party placed the order on behalf of the customer, the third party and the customer shall be liable as joint and several debtors to the property for all obligations arising from the accommodation contract.
- The property shall be liable for its obligations arising under the accommodation contract. However, for deficiencies in areas not typical of its performance, this liability is limited to cases involving intent or gross negligence of the property.
- All claims asserted by the customer against the property shall become time-barred after six months.
- The above-mentioned limitations of liability and limitation period also apply in favour of the property in case of infringement of pre-contractual duties or positive breach contract.
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Payment for Reservations via the master Website
- All online credit card transactions carried out are subject to an authentication process carried out by the credit card company, namely “3DSecure” for Visa/Mastercard or “Safekey” for American Express, regardless of whether the reservation relates to a prepaid or non prepaid rate.
- Online credit card transactions for prepaid reservations: If the customer chooses to pay with a credit card for a prepaid rate, the customer is required to provide valid credit card details at the end of the reservation process. The payment transaction is carried out by the customer’s credit card company after having completed the authentication process successfully, the credit card is charged directly with the full reservation amount and a so called “Credit Card Token” is generated. The Credit Card Token is an encryption of the credit card type and number. The Credit Card Token is stored for a defined period of time for any payment obligations incurred by the customer that are not settled before or during the customer’s stay at the property. The property reserves the right to charge the Credit Card Token at any time during the storage period for any such payment obligations, including no-show or cancellation fees. Charging the Credit Card Token will incur customer’s credit card company to carry out a payment transaction and charge the customer’s credit card.
- Online credit card transactions for non prepaid reservations: Non-prepaid reservations may require the customer to provide valid credit card details at the end of the reservation process as a guarantee for any charges not settled in the property. After having completed the authentication process successfully, a Credit Card Token is generated. The Credit Card Token is stored for a defined period of time for any payment obligations incurred by the customer that are not settled before or during the customer’s stay at the property. The property reserves the right to charge the Credit Card Token at any time during the storage period for any such payment obligations, including no-show or cancellation fees, but not before the day of the reserved accommodation date. Charging the Credit Card Token will incur customer’s credit card company to carry out a payment transaction and charge the customer’s credit card.
- The property reserves the right not to offer certain payment options or to refer to other payment options. The payment options available will be displayed during the reservation process.
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Performances, rates, payment, set-off
- The company is obliged to hold the rooms booked by the customer and to provide the mutually agreed services.
- The customer is obliged to pay the applicable room rates and for other services as agreed upon. This shall also apply to any services provided or expenses made by the property to third parties on the customer’s request.
- The agreed rates include value-added tax (Except for properties in Israel that may show prices excluding VAT for non-Israelis, based on language and IP locations, and according to Israeli VAT regulations). Increases of value-added tax shall be borne by the customer. If the period between conclusion and performance of the contract exceeds four months, the property may raise the contractually agreed rates to a reasonable extent but not more than 10%, if the generally charged rates for such services have increased.
- The property may also adjust the agreed rates if it gives consent to changes requested by the customer after conclusion of the contract such as amending the number of booked apartments, the length of stay or property services to be provided.
- Any invoice issued by the property without indication of a due date is payable without deduction within 10 days upon receipt of the given invoice. The property is entitled to declare its accrued receivables to be due at any time and to demand immediate payment thereof. In case of delayed payment, the property is entitled to charge 5% interest above base interest rate. Each party, the property and the customer can claim lower or higher damages.
- Considering the law on package travel, the property is entitled to demand adequate advance or security payments when the contract is concluded or thereafter. The amount and payment deadlines of advance or security payments shall be agreed upon in the contract.
- The customer may offset or reduce a claim of the property only with an indisputable or legally binding claim.
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Rescission by the customer (cancellation, no show)
- Customer’s rescission of the concluded contract requires the property’s written consent. If the property does not confirm the customer’s rescission in writing, the contractually agreed rate must be fully paid, even in the case, the customer does not avail himself of the contractual services. This does not apply in case of a performance default of the property or other cases in which the property is at fault.
- If property and customer contractually agreed upon a deadline for charge-free rescission of the contract, the customer may rescind from the contract up to that date without incurring payment or damage compensation claims by the property. The customer’s right of rescission expires if he does not exercise his right of rescission in writing by the agreed deadline, except in case of performance default of the property or other cases in which the property is at fault.
- In case of cancellation by the customer without giving prior notice and without agreement with the property, the full reservation fee must be paid.
- At its own discretion, the property may require the customer to compensate the incurred damages on a lump sum basis. Then, the customer is obliged to pay 90 % of the contractually agreed rate for lodging with or without breakfast, 70 % for half-board and 60 % for full-board arrangements. The customer shall be entitled to prove evidence to the extent that either no damages were incurred by the property or that damages incurred by the property were lower than the amount charged.
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Rescission by the property
- If the customer has a contractual right for charge-free rescission within a certain deadline, the property for its part is entitled to rescind the contract during that deadline, if other customers made booking requests concerning the reserved rooms and the customer does not waive his right of rescission upon inquiry of the property.
- The property is entitled to rescind the contract, if an advance payment was not made within the agreed deadline, even after setting an appropriate additional payment period in connection with a notice of refusal.
- Furthermore, the property has the right for extraordinary rescission of the contract for materially justifiable reasons, such as force majeure or other circumstances for which the property is not responsible and which render impossible the fulfilment of the contract; if rooms have been booked with misleading or false information concerning essential facts such as the identity of the customer or purpose of stay; or if the property has a legitimate reason to assume that the use of property services might jeopardize the unobstructed business operations, the safety or the reputation in public, without being attributable to the property’s sphere of control or organization; in case of violation of section I. paragraph 2., see above.
- The property has to give immediate notification to the customer about exercising its right of rescission.
- In case of justified rescission by the property, the customer shall have no further claims for compensation.
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Apartment availability, delivery and return
- The customer does not acquire the right to be provided with specific rooms.
- Booked apartments are not available to the customer before 3:00 p.m. on the agreed arrival date. The customer does not acquire the right to earlier availability of the booked rooms.
- Rooms must be vacated and made available to the property not later than 11:00 noon on the agreed departure date. Thereafter, the company may charge 50% of the full accommodation rate (list price), if the customer vacates the room later than contractually agreed but not later than 6:00 p.m. or 100% if the customer vacates the room later than 6:00 p.m. The customer shall be entitled to prove evidence that either no damages were incurred by the property or that damages incurred by the property were lower than the charged amounts.
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Liability of the property
- The property shall be liable for its contractual duties with the due diligence of a prudent businessman. However, its liability is limited to cases of deficiencies in areas not typical of its performance, damages, consequential damages or other service disruptions, which involve intent or gross negligence of the property. If deficiencies or other disruptions of the property services occur, the property will endeavour to take remedial action upon knowledge thereof or upon objection without undue delay by the customer. The customer is obliged to contribute reasonable assistance in the remedial action in order to minimize any possible damage.
- For customer’s movables and belongings brought into the property, the property shall be liable according to statutory provisions up to the hundredfold of the room rate, maximum EUR 3,000.00. For cash, securities or other valuables up to EUR 750,00. Cash, securities or other valuables can be kept in the property safe or room safe up to a maximum value of EUR 25,000.00. The company strongly recommends making use of this facility. Liability claims expire unless the customer notifies the property of the loss, destruction or damage without undue delay.
- The unlimited liability of the property is governed by the statutory provisions.
- If the customer is provided with a parking space of the property’s parking lot or parking garage, no safekeeping agreement is concluded, even if a fee is charged. The property operator is only liable in case of intent or gross negligence and in accordance with the statutory provisions. The property cannot be held liable either for motor vehicles parked or manoeuvred on the property’s property or parking facilities nor its content if the damage is caused by a negligent breach of duty, which is not a cardinal duty. Cardinal duties are all essential contractual obligations, whose fulfilment is a prerequisite for the proper execution of the contract and upon which the contractual partner may regularly rely on. The liability for physical damages regarding life, body or health is not limited by this paragraph.
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Privacy
- The companies doing business as “master” respect the confidentiality of the personal data of its customers. Under no circumstances, we will disclose personal data to third parties without your consent, except when we transmit customer’s name, email address or credit card information to the property of your choice or if disclosure of personal data is required by law. However, we reserve the right to disclose personal data to our affiliated group companies (in or outside the European Union), including our affiliated (group) companies’ employees and trustworthy representatives and agents who need to have our permission to access this personal data in order to carry out our services as requested by our customers. For further information, please also note our privacy and cookie policy.
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Further Correspondence
By completing your booking, you agree to receive
- Informational emails and text message communications (by WhatsApp or SMS), sent to you after completing your booking process containing all relevant details of your booking, check-in instructions, arrival information and
- Informational emails and text message communications (by WhatsApp or SMS), we may send you during or after your stay in one of our properties, inviting you to complete our guest review form or other non-marketing correspondences.
- Other than the mentioned correspondences above and the emails for which you may have actively opted in, we shall not send you any further notices, emails or correspondence, unless you specifically agree otherwise.
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Final provisions
- Any amendment, supplement or alteration to the contract, the acceptance of booking or of these terms and conditions, including this provision, shall be valid only if made in writing. Unilateral amendments by the customer are not valid.
- Any amendment, supplement or alteration to the contract, the acceptance of booking or of these terms and conditions, including this provision, shall be valid only if made in writing. Unilateral amendments by the customer are not valid.
- Place of performance and place of payment is the property’s registered seat.
- Exclusive jurisdiction – including check and exchange disputes – shall be the registered seat of the property.
- Should individual clauses of these terms and conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. An invalid clause shall automatically be replaced with an effective and equivalent clause, which suits most the economic interests of the parties to the contract. Apart from that, the statutory provisions shall be applicable.
- For meetings, and other events, separate terms and conditions shall apply.
- Children not older than 3 years are considered infants/babies. Until the age of 12, the price for children is based on the child policy of each property.