GENERAL TERMS AND CONDITIONS FOR AS DZINGEL SERVICES
Valid from August 1, 2019
The variety of services provided by Hotel Dzingel necessitates the establishment of general rules for the management of relations between AS Dzingel and the client.
The General Terms and Conditions are the document that defines the basic principles of communication between Hotel Dzingel and the client and the general terms for making transactions.
The purpose of the General Terms and Conditions is to establish a clear and reliable relationship between Hotel Dzingel and the customer, in order to ensure legal certainty and to facilitate transactions.
1. Scope of Application
Current General Terms and Conditions regulate the contract between the client and AS Dzingel for the provision of hotel services by the client to the hotel on the date(s) specified in the Agreement. The contract can be considered legally binding if it is signed by both parties. The contract cannot be transferred to a third party without the prior consent of the hotel, and Hotel Dzingel reserves the right to change the rates and conditions upon transfer.
“Agreement” means the contract for hotel services between the client and AS Dzingel after timely signing of a written agreement drawn by AS Dzingel.
“Client” is any natural or legal person who uses, has used or has expressed an interest in using the hotel services or is otherwise involved in using the Service. Also indicates the party to whom the contract proposal is addressed.
“Hotel” means Hotel Dzingel / AS Dzingel (89 Männiku tee, Tallinn, Estonia).
“Contract” means a written proposal for the use of the hotel services for the client’s event and may include conference room and event facility rentals, food and beverages, accommodation and other services.
“Event” means one or more consecutive days as defined in the contract proposal in which the client intends to invite a specified number of people to our premises for a specific purpose.
“Hotel Services” are the services provided by AS Dzingel for the client’s event as specified in the Contract Proposal and accepted by the client by timely signing the Contract Proposal (including, but not limited to, hotel room accommodation, conference and event facilities rental, equipment, food and beverages, and more).
3. Event Facilities and Equipment
3.1 Hotel Dzingel shall provide the Client with the facilities and equipment specified in the Contract Proposal.
3.2 Hotel Dzingel reserves the right to change the booked rooms, prices and conditions as the facts change. These include, but are not limited to, reducing or increasing the number of delegates attending the event, technical problems in the buildings or health issues and ensuring safety.
3.3 At the client’s written request, Hotel Dzingel may procure technical and other equipment from third parties on behalf of the client and the client may not install or use its own technical equipment without the prior written consent of the hotel.
3.3.1 The Dzingel Hotel has the right to charge the customer for the cost of the electricity consumed while using such equipment, and additionally, the connection charges linked to the IT equipment may also be charged.
3.3.2 The provided equipment must meet fire safety requirements. We have the right to claim an official certification for this.
3.4 Prior consent from the hotel is required for the installation and use of non-technical equipment and the fitting of decorations on the walls and ceilings.
3.5 The client’s or any third party’s equipment will be stored in the hotel premises only at the client’s sole responsibility and with prior agreement. Hotel Dzingel will not be liable for any loss, destruction or damage to such equipment.
3.6 At the end of the event, unless agreed otherwise, the client is obliged to remove all the provided equipment from the hotel premises.
3.7 The client is obliged to inform the hotel immediately of any essential changes in the event numbers. If the number of guests increases, the hotel will accommodate and locate additional visitors, but this cannot be guaranteed by the hotel.
3.8 The daily rate of a conference room is valid from 8:00 to 18:00, including 1 h of preparation time and 30 min of departure time. If the customer wishes to use the facilities before or after the appointed times, the use of the premises will be charged on the basis of the hourly price list. Rooms are rented on an hourly basis, 0.5 h is equal to 1 hour.
3.9 Fees for special conditions are on a request basis.
3.10 Bringing any food or drinks meant for on-site consumption to the hotel or its premises is prohibited without prior written consent of Hotel Dzingel.
3.11 The use of hotel facilities and hotel services must comply with national and local laws. All entertainment arrangements (such as extending the working hours of the bar) must be co-ordinated and confirmed prior to the event.
3.11 Unless otherwise explicitly agreed in writing, the client is responsible for obtaining such permissions and licenses, and will pay any applicable taxes (for example, music royalties, compulsory social security contributions for artists, etc.).
4.1 The hotel guarantees for the customer the hotel rooms specified in the Contract.
4.2 Check-in time begins at 14.00 on the day of arrival. Check-out time is at 12.00 the latest on the day of departure.
4.2.1 Early check-in and late check-out are possible at an additional cost and subject for availability. 4.2.2 If the customer leaves before the agreed date of departure, cancellation fees may apply.
4.3 The client is obliged to inform the hotel immediately of any changes in the guest numbers. If the number of guests increases, the hotel will accommodate and locate additional visitors, but this cannot be guaranteed by the hotel.
5.1 The client has the right to partially or completely withdraw from the Agreement, in subject to the following conditions:
5.1.1 Hotel rooms can be cancelled for free of charge with prior written notice:
- Up to 100% of the accommodation originally specified in the Contract up to 90 days before the date of arrival;
- Up to 40% of the accommodation originally specified in the Contract up to 30 days before the date of arrival;
- Up to 10% of accommodation originally specified in the Contract or any number left after the previous cancellation notices, up to 7 days before the date of arrival;
5.1.2 Conference facilities and catering can be cancelled free of charge with prior written notice:
- Up to 100% of the hotel services originally specified in the Contract up to 90 days prior to the start of the event;
- Up to 40% of the hotel services originally specified in the Contract up to 30 days prior to the start of the event;
- Up to 10% of the hotel services originally specified in the Contract or any number left after the previous cancellation notices, up to 7 days prior to the start of the event.
5.2 Any additional or subsequent cancellation of the accommodation and hotel services (from the 6th day prior to arrival) will grant the hotel a right for a compensation of 100% of the fee originally stipulated in the Contract.
5.3 If it is agreed that the client will be able to cancel the contract within a specified time without any collateral costs, the hotel will also be entitled to cancel the contract during that period without any obligation to the customer.
6. Fees and Rates
6.1 Quotations are quoted in local currency and include applicable taxes and fees.
6.2 Hotel Dzingel Hotel has the right to raise the fees within reasonable limits if,irrespective of the hotel, there is an unexpected rise in taxes and / or commodity costs or delivery problem, and the period between signing the Contract by the customer and the start date of the event is 9 months or more.
6.3 If the customer cancels more than 20% of the volume of the contracted hotel services, the hotel will have the right to increase the prices specified in the Contract to a reasonable extent regardless of the applicable cancellation fees.
7.1 If the hotel makes the reservation fee a prerequisite for the reservation, the customer will be obliged to pay it within 2 working days after the issued invoice. Additional prepayment / deposit may be required prior to the customer’s event. The reservation fee is 25% of the total amount of the reservation.
7.2 If the customer fails to pay the deposit payment (s), the hotel will have the right to withdraw from the Contract and claim damages equal to the cancellation fees at the time of the deposit payment.
7.3 If the guests are asked to pay individually for accommodation and daily hotel services, the hotel will have the right to request a deposit from the visitor in the form of a credit card guarantee or similar.
7.4 If the client applies for credit facilities, the credit application must be completed 30 days before the start date of the event.
8.1 The client will pay all the fees and charges for hotel services and accommodation specified in the Agreement.
8.2 All additional costs inflicted by the guests or customer during the event will be subject to payment on departure.
8.3 If the requested credit is confirmed by the hotel, the customer is obliged to fully pay the invoice within 7 days from receiving the invoice or on the date indicated on the invoice.
8.4 In the event of a late payment, the hotel is entitled to request a interest of 0.15% per day or, if lower, the maximum statutory interest rate applicable.
8.5 If the parties agree on the individual payment of the guests, the contracting client will have to inform the visitors in timely manner.
8.6 The contracting client is jointly and separately liable for the individual payment for the accommodation and daily hotel services on a timely basis upon departure.
9. Hotel Cancellation Rights
9.1 The Hotel is entitled to terminate the Agreement immediately upon written notice if:
9.1.1 due to circumstances beyond our control, it is impossible to provide the agreed hotel services for the client and to fulfill our contractual obligations;
9.1.2 if the hotel has reason to believe that the customer has made misleading or false statements about the purpose of the event and the use of our facilities and hotel services by the client could damage or endanger our normal operation or reputation;
9.1.3 in the event of bankruptcy or enforcement proceedings against the client, or issuing a decree of foreclosure for any of the client’s assets.
9.2 Hotel Dzingel has no obligation to compensate the customer any loss or damage arising from termination of this Agreement by the hotel under this clause.
10. Prohibition of Transfer
10.1 The client is prohibited to hand over or transfer the Agreement or subleasing the facilities specified in the Agreement to any third party, including groups of companies relevant to the client, without the prior written consent of the Hotel.
11.1 The hotel and the client have to perform their obligations arising out of the transactional relationships in due, reasonable and good faith, with necessary diligence and in accordance with customs and practice.
11.2 In the event of a fault, the parties will be liable for failed or improper fulfillment of their obligations.
11.3 The hotel will be liable to the customer or to any participant for any loss or damage caused by our gross negligence or willful act or omission, except when by applicable law, a compulsory decree is applicable.
11.4 All claims made against the hotel will only be valid if they are notified to the hotel in writing immediately upon the occurrence of any loss or damage and no later than 1 month after the agreed end date of the event. The claim must refer to the facts and the document on which the claim is based on.
11.5 The Hotel will review the complaint and notify of the decision in an agreed manner (eg orally, in writing, electronically) within 15 (fifteen) days from receiving the complaint. If it is not possible to respond to the complaint within the above-mentioned time limit due to its complexity or the need to clarify additional circumstances, the claimant will have to be informed thereof, together with a time limit for the reply to the complaint.
11.6 The customer will be liable for any damage to or loss of any hotel buildings, facilities and equipment, staff, other guests or our trademark system or other damage or loss caused by the client or any visitor or third party involved in any event organized by the customer. The Hotel is entitled to require a proof of liability coverage to protect us from the customer’s liability.
12. Law and Jurisdiction
12.1 This Agreement shall be governed by the law of the country where the hotel is located.
12.2 Any dispute between the parties will be primarily settled by negotiation.
12.3 In the event of disagreement between the parties, the client may refer the matter to the out-of-court bodies referred to in the Client Complaints Procedure for resolving the dispute and / or further independent review.
12.4 Unless otherwise agreed by the parties or unless otherwise provided by law, any dispute between the parties will be resolved in the court of the location of the Hotel.