General Terms and Conditions Ypsylon Resort
If your trip is/was not booked through a tour operator, travel agent or travel agency, but directly through us, the following terms and conditions apply in accordance with international accommodation law.
Table of contents
§1 Scope of application
§2 Definition of terms
§3 Conclusion of contract — down payment — payment
§4 Start and end of accommodation
§5 Withdrawal from the Accommodation Agreement — Cancellation fee
§6 Provision of alternative accommodation
§7 Rights of the contractual partner
§8 Obligations of the contractual partner
§9 Rights of the accommodation provider
§10 Obligations of the accommodation provider
§11 Liability of the accommodation provider for damage to property brought in
§12 Animal husbandry
§13 Extension of the accommodation
§14 Termination of the accommodation contract — early termination
§15 Illness or death of the guest in the accommodation contract
§16 Place of performance, place of jurisdiction and choice of law
§17 Miscellaneous, travel cancellation insurance, foreign travel health insurance
§ 1 Scope of application
1.1 These General Terms and Conditions for the International Hotel Industry replace all previous ones.
1.2 The GTC do not exclude special agreements. The GTC are subsidiary to individual agreements.
§ 2 Definitions of terms
«Accommodation provider»: is a natural or legal person who accommodates guests in return for payment.
«Guest»: is a natural person who makes use of accommodation. As a rule, the guest is also the contractual partner. Guests also include those persons traveling with the contract partner (e.g. family members, friends, etc.).
«Contractual partner»: A natural or legal person in Austria or abroad who concludes an accommodation contract as a guest or for a guest.
«Accommodation contract»: Is the contract concluded between the accommodation provider and the contracting party, the content of which is regulated in more detail below.
§ 3 Conclusion of contract — down payment
3.1 The Accommodation Agreement shall come into effect upon acceptance of the Party’s order by the Proprietor. Electronic declarations shall be deemed to have been received if the party for whom they are intended can retrieve them under normal circumstances and they are received during the accommodation provider’s announced business hours.
3.2 The Proprietor shall be entitled to conclude the Accommodation Agreement on the condition that the Party makes a down payment. In this case, the Proprietor shall be obliged to inform the Party of the required down payment before accepting the Party’s written or verbal order. If the Party agrees to the down payment (in writing or verbally), the Accommodation Agreement shall come into effect upon receipt by the Proprietor of the Party’s declaration of consent to payment of the down payment.
3.3 The contractual partner is obliged to pay the deposit no later than 5 days (receipt) after the accommodation contract has been concluded. The costs for the money transaction (e.g. transfer charges) shall be borne by the contractual partner. For credit and debit cards, the respective terms and conditions of the card companies apply.
3.4 The down payment is a partial payment of the agreed fee.
3.5 Payment can be made as follows: Cashless to an account to be specified by the accommodation provider, in cash on site directly on arrival, by credit card, other payment service providers. Any additional costs incurred shall in any case be borne by the contractual partner. The accommodation provider alone decides how the agreed remuneration is to be paid.
§ 4 Start and end of accommodation
4.1 Unless the Proprietor offers a different time of occupancy, the Party shall have the right to occupy the rented rooms from 1 p.m. on the agreed day («Arrival Day»).
4.2 If a room is occupied for the first time before 6.00 a.m., the previous night counts as the first overnight stay.
4.3 The rented rooms must be vacated by the contractual partner by 11.00 a.m. on the day of departure. The accommodation provider is entitled to charge an additional day if the rented rooms are not vacated on time.
§ 5 Withdrawal from the Accommodation Agreement — Cancellation fee
Withdrawal by the accommodation provider
5.1 If the Accommodation Agreement provides for a down payment and the down payment has not been made by the Party in due time, the Proprietor may rescind the Accommodation Agreement without granting a grace period.
5.2 If the guest does not appear by 6 p.m. on the agreed day of arrival, there is no obligation to provide accommodation unless a later arrival time has been agreed.
5.3 The accommodation contract may be terminated by the accommodation provider for objectively justified reasons by means of a unilateral declaration no later than 3 months before the agreed date of arrival of the contracting party, unless otherwise agreed.
Withdrawal by the contractual partner — cancellation fee
5.4 The accommodation contract may be terminated by unilateral declaration by the contracting party no later than 3 months before the agreed date of arrival of the guest without payment of a cancellation fee.
5.5 Outside the period specified in § 5.5, withdrawal by unilateral declaration by the contractual partner is only possible subject to payment of the following cancellation fees:
— up to 2 months before the day of arrival 50% of the total package price;
— up to 1 month before the day of arrival 70 % of the total package price;
— up to two weeks before the day of arrival 90 % of the total package price.
— 100% of the total package price in the last week before the day of arrival.
5.6 If the Party is unable to arrive at the accommodating establishment on the day of arrival due to unforeseeable extraordinary circumstances (e.g. force majeure), the Party shall not be obliged to pay the agreed remuneration for the days of arrival.
5.7 The obligation to pay for the booked stay shall be revived from the date of arrival if arrival is possible again within three days.
5.8 The accommodation provider is entitled to use one or more payment service providers for payment processing.
§ 6 Provision of alternative accommodation
6.1 The Proprietor may provide the Party or the guests with adequate substitute accommodation (of the same quality) if this is reasonable for the Party, in particularly if the deviation is minor and objectively justified.
6.2 An objective justification is given, for example, if the room(s) has (have) become unusable, guests already accommodated extend their stay, there is an overbooking or other important operational measures necessitate this step.
6.3 Any additional expenses for the replacement accommodation shall be borne by the accommodation provider.
§ 7 Rights of the contractual partner
7.1 By concluding an accommodation contract, the contractual partner acquires the right to the usual use of the rented rooms, the facilities of the accommodation establishment, which are usually accessible to the guests for use without special conditions, and to the usual service. The contractual partner must exercise his rights in accordance with any hotel and/or guest guidelines (house rules).
§ 8 Obligations of the contractual partner
8.1 The contractual partner is obliged to pay the agreed remuneration plus any additional amounts incurred due to the separate use of services by him and/or the guests accompanying him plus statutory VAT by the time of departure at the latest.
8.2 The accommodation provider is not obliged to accept foreign currencies. If the accommodation provider accepts foreign currencies, these will be accepted in payment at the current exchange rate if possible. If the Proprietor accepts foreign currencies or cashless means of payment, the Party shall bear all associated costs, such as inquiries with credit card companies, telegrams, fees of the individual payment service providers, etc.
8.3 The Party shall be liable to the Proprietor for any damage caused by the Party or the Guest or other persons who accept services from the Proprietor with the knowledge or will of the Party.
§ 9 Rights of the accommodation provider
9.1 If the Party refuses to pay the agreed remuneration or is in arrears, the Proprietor shall be entitled to the statutory right of retention and the statutory lien on the items brought in by the Party or the Guest. The Proprietor shall also be entitled to this right of retention or lien to secure its claim arising from the Accommodation Agreement, in particular for meals, other expenses incurred on behalf of the Party and for any claims for compensation of any kind.
9.2 If service is required in the room of the contracting party or at unusual times of the day (after 8 p.m. and before 6 a.m.), the accommodation provider shall be entitled to charge a special fee for this. The accommodation provider may also refuse these services for operational reasons.
9.3 The Proprietor shall have the right to invoice or interim invoice its services at any time.
§ 10 Obligations of the accommodation provider
10.1 The accommodation provider is obliged to provide the agreed services to a standard corresponding to its own.
10.2 Examples of special services provided by the accommodation provider that are not included in the accommodation fee are listed below:
a) Special accommodation services that may be charged separately, such as the provision of a refrigerator, additional air conditioning, swimming pool, parking lot, etc;
b) A reduced price will be charged for the provision of additional beds or cribs.
§ 11 Liability of the accommodation provider for damage to property brought in
11.1 For valuables, money and securities, guests can use the safe at reception. The accommodation provider shall only be liable up to a total amount of currently € 1,000 if gross negligence on the part of the accommodation provider is proven. The Proprietor shall only be liable for any further damage in the event that it has accepted these items for safekeeping with knowledge of their condition or in the event that the damage was caused by itself or one of its employees.
11.2 The accommodation provider may refuse to store valuables, money and securities if the items in question are significantly more valuable than those usually stored by guests of the accommodation establishment in question.
11.3 The accommodation provider accepts no liability for items lost from the rooms or their safes.
§ 13 Animal husbandry
13.1 Animals are not allowed in the resort.
13.2 Stray animals such as cats and dogs must not be fed or touched. There is an increased risk of infectious diseases.
§ 14 Extension of the accommodation
14.1 The contractual partner has no right to have his stay extended. If the Party notifies the Proprietor of its wish to extend the stay in good time, the Proprietor may agree to the extension of the Accommodation Agreement. The accommodation provider is under no obligation to do so.
14.2 If the Party is unable to leave the accommodating establishment on the day of departure because all departure options are blocked or unusable due to unforeseeable extraordinary circumstances (e.g. force majeure), the Accommodation Agreement shall be automatically extended for the duration of the impossibility of departure. A reduction of the fee for this period is only possible if the contractual partner is unable to make full use of the services offered by the accommodation provider due to the exceptional weather conditions. The accommodation provider is entitled to charge at least the price that corresponds to the price usually charged in the low season.
§ 15 Termination of the accommodation contract — early termination
15.1 If the accommodation contract was concluded for a fixed term, it shall end upon expiry of the term.
15.2 If the Party departs prematurely, the Proprietor shall be entitled to demand or retain the full agreed remuneration. The accommodation provider shall deduct what he has saved as a result of the non-utilization of his services or what he has received by renting the booked rooms to other parties. Savings shall only be deemed to have been made if the accommodation establishment is fully booked at the time the rooms booked by the guest are not used and the room can be rented to other guests due to the cancellation by the contracting party. The contractual partner bears the burden of proof of the savings.
15.3 The death of a guest terminates the contract with the accommodation provider.
15.4 If the accommodation contract has been concluded for an indefinite period, the contracting parties may terminate the contract by 10.00 a.m. on the third day before the intended end of the contract.
15.5 The Proprietor shall be entitled to terminate the Accommodation Agreement with immediate effect for good cause, in particular if the Party or the Guest
-
- makes significantly detrimental use of the premises or, through their inconsiderate, offensive or otherwise grossly improper behavior, makes it unpleasant for the other guests, the Owner, the Owner’s staff or third parties staying at the accommodating establishment to stay together or commits an act against property, morality or physical safety towards these persons that is punishable by law;
b) is afflicted by an infectious disease or an illness that extends beyond the period of accommodation, or otherwise becomes in need of care;
c) fails to pay the invoices submitted when due within a reasonably set period (2 days).
15.6 If the fulfillment of the contract becomes impossible due to an event to be regarded as force majeure (e.g. natural disasters, strike, lockout, official orders, etc.), the accommodation provider may terminate the accommodation contract at any time without observing a notice period, unless the contract is already deemed terminated by law or the accommodation provider is released from its obligation to provide accommodation. Any claims for damages etc. by the contractual partner are excluded.
§ 16 Illness or death of the guest
16.1 If a guest falls ill during their stay at the accommodation establishment, the accommodation provider shall provide medical care at the guest’s request. In the event of imminent danger, the accommodation provider shall arrange for medical care even without a special request from the guest, in particular if this is necessary and the guest is unable to do so themselves.
16.2 As long as the guest is unable to make decisions or the guest’s relatives cannot be contacted, the accommodation provider will provide medical treatment at the guest’s expense. However, the scope of these care measures ends at the time when the guest is able to make decisions or the relatives have been notified of the illness.
16.3 The Proprietor shall be entitled to claim compensation from the Party and the Guest or, in the event of death, from their legal successors for the following costs in particular:
a) outstanding medical costs, costs for patient transportation, medication and medical aids
b) room disinfection that has become necessary,
c) linen, bedding and bed furnishings that have become unusable,
otherwise for the disinfection or thorough cleaning of all these items,
d) restoration of walls, furnishings, carpets, etc., insofar as these have been soiled or damaged in connection with the illness or death,
e) Room rent, insofar as the room has been used by the guest,
plus any days on which the rooms cannot be used due to disinfection, evacuation or similar,
f) any other damage incurred by the accommodation provider.
§ 17 Place of performance, place of jurisdiction and choice of law
17.1 The place of performance is the place where the accommodation establishment is located.
17.2 This contract shall be governed by Sinhala formal and substantive law to the exclusion of the rules of private international law and the UN Convention on Contracts for the International Sale of Goods.
17.3 The exclusive place of jurisdiction for bilateral business transactions shall be the registered office of the accommodation provider, whereby the accommodation provider shall also be entitled to assert its rights before any other court with local and subject-matter jurisdiction.
§ 18 Miscellaneous
18.1 Unless the above provisions provide otherwise, a time limit shall commence upon delivery of the document ordering the time limit to the contracting parties, who must observe the time limit. When calculating a time limit which is determined by days, the day in which the time or event falls on which the start of the time limit is to be based is not included. Time limits determined by weeks or months refer to that day of the week or month which corresponds by its name or number to the day from which the time limit is to be counted. If this day is missing in the month, the last day of this month is decisive.
18.2 Die Erklärungen müssen am letzten Tag der Frist (Mitternacht) bei der anderen Vertragspartei eingehen.
18.3 The Proprietor shall be entitled to set off its own claims against claims of the Party. The Party shall not be entitled to set off its own claims against claims of the Proprietor unless the Proprietor is insolvent or the Party’s claim has been established by a court or recognized by the Proprietor.
18.4 In the event of regulatory gaps, the relevant statutory provisions of Sri Lanka shall apply.
18.5 We always advise all our guests to take out travel cancellation insurance and international health insurance. In the event of a claim, they can then be held liable for any costs incurred. The following links lead directly to specialized insurers. However, corresponding protection can of course also be taken out with any other provider.
Trip cancellation:
https://secure.hmrv.de/rvw-ba/initBa.jsp?baid=912&locale=de_DE&adnr=2095875
Health protection:
https://secure.hmrv.de/rvw-ba/initBa.jsp?baid=62&subBaId=2&locale=de_DE&adnr=2095875