I. Scope
1. These Terms and Conditions apply for ESKAPE Cabin accommodation contracts as well as for all other supplies and services provided by the ESKAPE to the guest. 2. Unless expressly recognised in writing by the ESKAPE, alternative provisions, including those contained in the guest’s or customer’s general terms and conditions, shall not be applicable.
2. Unless expressly recognised in writing by the ESKAPE, alternative provisions, including those contained in the guest’s or customer’s general terms and conditions, shall not be applicable.
II. Conclusion of contract
1. A ESKAPE accommodation contract (hereinafter: “contract”) is established when a guest booking inquiry is responded to with a booking confirmation from the ESKAPE.
2. The contractual partners are the ESKAPE and the guest. If a third party undertakes the booking for the guest, as the customer it, along with the guest, will be liable as joint debtors to the ESKAPE for all obligations arising from the contract, provided the ESKAPE has possession of a corresponding declaration from the customer. Irrespective of this, every customer is obliged to pass on to the guest all information relevant to the booking, particularly these Terms and Conditions.
3. Sub-contracting or sub-letting of cabin, together with their use for any purposes other than accommodation, require the prior written approval of the ESKAPE.
III. Services, prices, payment
1. The ESKAPE is obliged to avail the cabin that the guest has reserved in accordance with these Terms and Conditions and to provide the agreed services.
2. The guest is obliged to pay the current or agreed ESKAPE prices for the hire of the room and for any other services he has made use of. This also applies to services effected by the guest or customer and expenses incurred by the ESKAPE vis-à-vis third parties.
3. The agreed prices include the statutory rate of GST. If the period between the conclusion of contract and the arrival of the guest exceeds four months and the statutory rate of GST or local taxes and charges increase following the conclusion of contract, the ESKAPE reserves the right to increase the agreed price by an amount equal to that of the increase of the payable GST or local taxes and charges.
4. The ESKAPE is likewise entitled to change prices if, following the conclusion of contract, the guest requests changes to the number of cabin reserved, the services required of the ESKAPE or the length of the stay of the guest and the ESKAPE agrees to these changes.
5. The ESKAPE’s invoices are payable in full immediately upon receipt. The guest will at the very latest be in default of the obligation of payment if he fails to render payment within 30 days following the due date and receipt of invoice; if the guest is a consumer this only applies if special reference is made to the legal consequences on the invoice. If the guest is in default of payment, the ESKAPE is entitled to charge consumers default interest at the rate of 5 percentage points over the base interest rate. For commercial transactions, the rate of default interest is 8 percentage points above the base interest rate. The ESKAPE reserves the right to seek a larger amount of damages.
6. The ESKAPE is entitled upon conclusion of the contract or subsequently to request a reasonable advance payment or security deposit from the guest. The amount of the advance payment and the due date for its payment may be agreed in writing in the contract. During the stay of the guest in the ESKAPE, the ESKAPE is furthermore entitled at any time to request payment for the costs incurred to that time by the guest by issuing an interim invoice and to demand its immediate settlement.
7. The guest is only entitled to set off counterclaims against the claims of the ESKAPE, if these counterclaims are undisputed or have been confirmed by way of a final legal judgement.
IV. Rescission (withdrawal) by guest from contract, cancellation
1. The ESKAPE grants the guest the right to withdraw from the contract at any time. This is regulated by the following provisions:
- In the event that the guest withdraws the reservation, the ESKAPE shall have claim to reasonable compensation as per the cancellation policy.
- 30 days prior to checki-in: 100% refund
- 15-29 days: 50% refund
- less than 15 days check-in: 0% refund
- Insofar as the ESKAPE charges for its specific loss, the maximum amount of compensation may not exceed the contractually agreed price of the services to be supplied by the ESKAPE less the value of the costs saved by the ESKAPE together with the amount that the ESKAPE acquires through the alternative use of the ESKAPE’s services.
2. The compensation regulations referred to above shall apply if the guest does not show up to claim the room or services he has reserved without the written agreement of the ESKAPE.
3. The ESKAPE has no claim to compensation if it has granted the guest an option in his contract to withdraw from the contract within a specified time period without any requirement to pay compensation (cancellation without penalty). The date of receipt of the withdrawal notice by the ESKAPE shall be definitive. The guest must declare his intention to rescind (withdraw) in writing.
V. Rescission (withdrawal) by the ESKAPE
1. Provided that the guest has been granted the right to withdraw without penalty pursuant to IV. 3, the ESKAPE, for its part, is also entitled to withdraw without penalty within this time period if applications from other guests are available for contractually reserved cabin and the guest does not waive his right to withdraw without penalty when contacted by the ESKAPE.
2. The ESKAPE is also entitled to withdraw from the contract if an advance payment or security deposit as agreed in accordance with III. 6 is not made/provided within a reasonable period of grace granted by the ESKAPE.
3. Furthermore, the ESKAPE is entitled to withdraw from the contract if there are significant reasons, especially if
- an act of God or other circumstances beyond the control of the ESKAPE make the fulfilment of the contract impossible;
- cabinare booked under misleading or erroneous information concerning material matters, e.g. relating to the identity of the guest;
- the ESKAPE has good reasons for supposing that the use of the ESKAPE’s services could significantly jeopardise the smooth running of the ESKAPE’s operations, or the safety of ESKAPE guests or ESKAPE employees or severely besmirch the public image of the ESKAPE in a manner beyond the control or scope of the ESKAPE’s organisation;
- unpermitted sub-contracting or sub-letting of cabin pursuant to II. 3 is undertaken;
- the circumstances described in VI. 3 have occurred;
VI. Arrival and departure
1. The guest has no right to demand the provision of specific cabin, unless the ESKAPE has confirmed the provisions of particular cabin in writing.
2. The reserved cabin shall be available to the guest from check-in time on the agreed day of arrival. The guest has no right to demand that cabin should be provided earlier.
3. The guest should claim reserved cabin no later than by 6 pm on the agreed day of arrival. Unless a later time of arrival has been expressly agreed, after 6 pm the ESKAPE has the right to assign the room to a different guest; the guest has no right of compensation in this event. The ESKAPE has a right of rescission in this respect.
4. On the agreed day of departure, cabin must be vacated and be at the ESKAPE’s disposal by 12 noon at the latest. After this time the ESKAPE may charge the day-time room rate up until 4 pm to compensate it for the additional use of the room and the costs incurred by way of the delayed availability of the room; from 4 pm it may charge 100% of the current full lodging price. The guest is entitled to show that the ESKAPE sustained no loss or a lesser amount of loss. VII. Liability of the ESKAPE, limitation period
5. If any failures or shortcomings arise in relation to the services provided by the ESKAPE, the ESKAPE will make every effort to rectify this situation if the guest has made his objections promptly known. If the guest culpably fails to notify the ESKAPE of the shortcoming, there can be no entitlement to a reduction of the contractually agreed payment.
6. The ESKAPE is liable in accordance with the statutory provisions in relation to death or personal injury as well as for any deceitfully concealed faults and for any contractual guarantees assumed by it.
7. For all other damage not encompassed by VII. 2 and caused by the ordinary negligence of the ESKAPE, its legal representatives or vicarious agents, the ESKAPE will only be liable if this damage is due to a breach of a fundamental contractual obligation that jeopardises the actual purpose of the contract. In these cases the liability will be limited to foreseeable damage typical for this type of contract.
8. The aforementioned limitations of liability apply to all claims for damages irrespective of the legal basis, including claims relating to tortious liability. The aforementioned limitations of liability also apply in case of a guest’s claims for damages against the employees or vicarious agents of the ESKAPE.
9. For items brought into the ESKAPE, the ESKAPE is liable to the guest in accordance with the statutory provisions but for not more than € 3,500. With respect to valuables (money, jewellery etc.) this liability is limited to € 800.00. The ESKAPE recommends that guests store such articles in the ESKAPE safe. The guest’s entitlements to compensation shall be null and void if he fails to report to the ESKAPE any loss, destruction or damage immediately after he has become aware of it.
10. In the event that a guest is provided with a parking space in the ESKAPE garage or car park, this shall not constitute a contract of safekeeping, even if a parking fee is paid. The ESKAPE has no duty to keep watch. In the event of that a car (and/or its contents) is stolen or damaged while parked/being manoeuvred on the ESKAPE premises, the ESKAPE will not be liable unless it, its employees or vicarious agents acted deliberately or in a grossly negligent manner. In such a case, the claim for damages is to be asserted no later than upon leaving the ESKAPE premises.
11. Messages, post and packages for guests will be handled with great care. The ESKAPE will assume responsibility for keeping such items and, upon request and in return for a charge, to forward post and packages for the guest; this also applies to items of lost property, upon inquiry by the guest. After having kept such articles for at least one month, the ESKAPE is entitled to pass these on to the local lost and found office in return for a reasonable fee.
12. The guest’s claims to compensation will become time-barred no later than 2 weeks from the time that the guest became aware of the damage event or, irrespective of such knowledge, no later than three months from the time of the said event. This does not apply with respect to liability for death or personal injury or for other damage resulting from any deliberate or grossly negligent breach of duty on the part of the ESKAPE, a statutory representative or vicarious agent of the ESKAPE.
VIII. Concluding provisions, Court, Applicable law
1. Amendments and additions to this contract must be made in writing.
2. The place of performance is the registered address of the ESKAPE. Payment must be affected at said address.
Eskape
11 mins ago
