These terms and conditions apply to contracts for the leasing of hotel rooms for accomodation as well as all further services and deliveries of the “Kullerbacka Gästhus” rendered to the customer in this context. General terms and conditions of the customer only apply if this has been expressly agreed in writing. In addition, the additional conditions agreed upon conclusion of the contract apply.
II. Conclusion of the contract, partners, statute of limitations
The contract is concluded by the acceptance of the customer’s application by the Kullerbacka Gästhus. The “Kullerbacka Gästhus” is free to confirm the room reservation in text form. Contracting parties are the “Kullerbacka Gästhus” and the customer. If a third party has ordered for the customer, he is liable to the “Kullerbacka Gästhus” together with the customer as a joint debtor for all obligations under the Hotelaufnahmevertrag, provided the “Kullerbacka Gästhus” a corresponding declaration of the third party. All claims against the “Kullerbacka Gästhus” expire in principle in one year from the statutory limitation period. Claims for damages become statute-barred in five years, unless they are based on an injury to life, limb, health or freedom. These claims for damages become statute-barred independent of knowledge in ten years. The limitation periods do not apply to claims based on an intentional or grossly negligent breach of duty of “Kullerbacka Gästhus”.
III. Services, prices, payment, offsetting
The “Kullerbacka Gästhus” is obliged to keep the rooms booked by the customer available and to provide the agreed services. The customer is obliged to pay the agreed or valid prices of the “Kullerbacka Gästhus” for the room rental and the other services used by him. This also applies to services and expenses of the “Kullerbacka Gästhus” arranged by the customer to third parties. The agreed prices include the taxes and local charges applicable at the time the contract was concluded. In the event of a change in the statutory sales tax or the introduction, modification or abolition of local taxes on the subject matter after conclusion of the contract, the prices will be adjusted accordingly. For contracts with consumers, this only applies if the period between the conclusion of the contract and the performance of the contract exceeds four months. The “Kullerbacka Gästhus” may make its consent to a subsequent reduction of the number of booked rooms, the performance of the “Kullerbacka Gästhus” or the length of stay of the customer depending on the price of the room and / or the other Benefits of the “Kullerbacka Gästhus” increased. Invoices of the “Kullerbacka Gästhus” without a due date are payable within 10 days from receipt of the invoice without deductions. The “Kullerbacka Gästhus” can demand the immediate payment of due claims at any time from the customer. In the event of default of payment, the “Kullerbacka Gästhus” is entitled to demand the applicable statutory default interest of currently 7.5% or, in the case of legal transactions in which a consumer is involved, in the amount of 5% above the base interest rate. The “Kullerbacka Gästhus” reserves the proof of a higher damage.
The “Kullerbacka Gästhus” is entitled upon conclusion of the contract by the customer to demand a reasonable advance payment or security in the form of a credit card guarantee, a down payment or similar. The amount of the advance payment and the payment dates can be agreed in text form in the contract. For advance payments or security for package holidays, the statutory provisions remain unaffected. In justified cases, e.g. Payment arrears of the customer or extension of the scope of the contract, the “Kullerbacka Gästhus” is entitled, even after conclusion of the contract until the beginning of the stay, an advance payment or security deposit in the sense of the above No. 6 or an increase in the contract agreed advance payment or security deposit up to the full agreed remuneration desire. The “Kullerbacka Gästhus” is further entitled, at the beginning and during the stay, to demand from the customer an appropriate advance payment or security in accordance with § 6 above for existing and future claims under the contract, if such is not already mentioned in points 6 and / or above. or 7 was made. The customer can only set off or settle with an undisputed or legally enforceable claim against a claim of the “Kullerbacka Gästhus”. Pets may only be brought with the prior consent of the “Kullerbacka Gästhus” and possibly for a charge. Only dogs are accepted as pets.
lV. Resignation of the customer (cancellation, cancellation) / Non-use of the services of the hotel (No Show)
A resignation of the customer from the contract concluded with the “Kullerbacka Gästhus” requires the consent of the “Kullerbacka Gästhus” in text form. If this is not done, the agreed price from the contract is payable even if the customer does not use contractual services. If an appointment for free cancellation of the contract in text form has been agreed between the “Kullerbacka Gästhus” and the customer, the customer can withdraw from the contract until then, without triggering any payment or damage claims of the “Kullerbacka Gästhus”. The right of withdrawal of the customer expires if he does not exercise his right to resign in written form by the “Kullerbacka Gästhus” by the agreed date. For rooms not used by the customer, the “Kullerbacka Gästhus” has to take into account the income from other rental of these rooms as well as the saved expenses. If the rooms are not otherwise rented, then the “Kullerbacka Gästhus” can demand the contractually agreed remuneration and flat-rate the deduction for expenses saved by the “Kullerbacka Gästhus”. In this case, the customer is obliged to pay at least 80% of the contractually agreed price for overnight stays with or without breakfast. The customer is free to prove that the aforementioned claim is not incurred or not in the required amount.
V. Resignation of the hotel
If it has been contractually agreed that the customer can withdraw from the contract free of charge within a certain period of time, the “Kullerbacka Gästhus” is in turn entitled to withdraw from the contract, if inquiries from other customers regarding the contractually booked rooms are available and the customer on request of “Kullerbacka Gästhus” not waived his right to resign. If an agreed advance payment or security deposit demanded pursuant to Section III Numbers 5 and / or 6 is not made even after the expiry of a reasonable period of grace set by the “Kullerbacka Gästhus”, “Kullerbacka Gästhus” is also entitled to withdraw from the contract. Furthermore, the “Kullerbacka Gästhus” is entitled to withdraw from the contract for a materially justified reason, for example if: – force majeure or other circumstances for which “Kullerbacka Gästhus” is not responsible make fulfillment of the contract impossible; – Rooms or rooms culpably misleading or misrepresentation of essential facts, e.g. to the person of the customer or for the purpose of his stay; – The “Kullerbacka Gästhus” justified cause to assume that the use of hotel services can jeopardize the smooth operation, security or reputation of the “Kullerbacka Gästhus” in public, without attributing this to the domination or organization of the hotel is; – the purpose or occasion of the stay is unlawful; – there is a violation of section I no. 2 above. With justified resignation of the “Kullerbacka Gästhus” no claim of the customer for damages arises.
VI. Room preparation, handover and return
The customer acquires no claim to the provision of certain rooms, unless this has been expressly agreed in writing.
Booked rooms are available to the customer from 15:00 on the agreed arrival day. The customer has no right to earlier availability. Unless a later arrival time has been expressly agreed or the room in question has been prepaid, the “Kullerbacka Gästhus” has the right to allocate booked rooms after 19.00 hours without the customer being able to derive a claim against the “Kullerbacka Gästhus”. There is no obligation to redistribute it.
On the agreed departure day, the rooms are to be vacated by the “Kullerbacka Gästhus” at 11:00 am at the latest. Thereafter, the “Kullerbacka Gästhus” due to the delayed eviction of the room for its contractual use until 18:00 clock 50% of the full price (list price) will be charged, from 18:00 clock 100%. Contractual claims of the customer are not justified by this. He is free to prove that the “Kullerbacka Gästhus” no or a much lower entitlement to user fee has arisen.
The “Kullerbacka Gästhus” is a non-smoking hotel. It is therefore forbidden to smoke in the guest rooms. In the event of an infringement, the “Kullerbacka Gästhus” has the right to demand compensation from the guest for the separate cleaning costs to be incurred, including any loss of sales resulting from a non-possible room rental, in the amount of SEK 2,000.-. This compensation amount is higher or lower, if the “Kullerbacka Gästhus” proves a higher or the guest a lower damage. Should the smoke detector trigger, the guest will bear the cost of the fire brigade.
The guest must treat the facilities of the “Kullerbacka Gästhus” as well as the rooms with care and in particular avoid gross soiling and damage. If there is any contamination or damage that exceeds the normal level of utilization, even after the departure of the guest, the “Kullerbacka Gästhus” is entitled to charge the guest the repair costs, costs for replacement or for cleaning afterwards. This also applies to items on the premises. This applies in particular to the replacement of hand and bath towels and bathrobes, bed linen, small electrical appliances, other furnishings, house and room keys. Breakfast can only be taken in the designated premises of the “Kullerbacka Gästhus”. In the rooms, the preparation of food is prohibited. For this the guests have a guest kitchen at their disposal.
VII. Liability of the hotel
The “Kullerbacka Gästhus” is liable for its obligations under the contract. Customer claims for compensation are excluded. This does not apply to damage resulting from injury to life, limb or health if the “Kullerbacka Gästhus” is responsible for the breach of duty, other damages that are based on a deliberate or grossly negligent breach of duty of the hotel and damages on an intentional or negligent breach of contractual obligations of the “Kullerbacka Gästhus”. A breach of duty of the “Kullerbacka Gästhus” is equal to that of a legal representative or vicarious agent. Should faults or deficiencies occur in the services of the “Kullerbacka Gästhus”, the “Kullerbacka Gästhus” will make every effort to remedy this with knowledge or immediate notification of the customer. The customer is obliged to contribute to what is reasonable for him to remedy the disturbance and to minimize possible damage. For items brought in, the “Kullerbacka Gästhus” is liable to the customer in accordance with the statutory provisions. According to this the liability is limited to one hundred times the room price, but not more than SEK 35’000.- and notwithstanding for money, securities and valuables at most up to SEK 8’000.-. Money, securities and valuables can be kept in the hotel safe up to a maximum of SEK (sum insured in the hotel). The “Kullerbacka Gästhus” recommends to use this possibility. The liability claims expire if the customer does not immediately notify the “Kullerbacka Gästhus” after gaining knowledge of loss, destruction or damage. Liability only applies if the rooms or containers in which the items were left were closed. The hotel is not liable for loss of or damage to vehicles parked or shunted on the hotel property and their contents. For the exclusion of the customer’s claims for damages the regulation of the above number 1, sentences 2 to 4 apply accordingly.
Any items left behind by the customer will only be forwarded to the customer at the customer’s request, risk and cost, the “Kullerbacka Gästhus” will keep the items for three months, after which they will be handed over to the local lost property office as long as a recognizable value exists. If there is no discernible value, the hotel reserves the right to destroy it after the deadline. The liability of the “Kullerbacka Gästhus” for damages resulting from the use of the objects for leisure activities such as. Bike rental, use treadmill, SUP and the like, is excluded.
IIX. Final provisions
Changes and additions to the contract, the acceptance of the application or these General Terms and Conditions should be made in text form. Unilateral changes or additions by the customer are invalid. Place of fulfillment and payment is the location of the “Kullerbacka Gästhus”. The exclusive place of jurisdiction – also for check and bill of exchange disputes – is in business dealings the corporate seat of the “Kullerbacka Gästhus”. Swedish law applies. Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.