AMANO Operations Ltd. Terms & Conditions
General Terms and Conditions of Business of AMANO Operations Ltd. (hereinafter referred to as “Hotel”) for Hotel AMANO Covent Garden – Drury House, 34-43 Russell St, London WC2B 5HA, UK
1. SCOPE OF APPLICATION
These terms and conditions of business shall apply to all agreements on letting out hotel rooms to accommodate guests for a fee, as well as any further services and deliveries of the hotel provided for customers in this context (Hotel Accommodation Agreement). The term “Hotel Accommodation Agreement” comprises and replaces the following terms: Agreement to provide accommodation/agreement for receiving guests/hotel agreement/hotel room agreement.
Any general terms and conditions of business of the Customer shall not be acknowledged, and shall only apply if it has been explicitly agreed between the parties in advance.
2. CONCLUSION OF THE AGREEMENT
The contractual partners are the Hotel and the Customer. The agreement shall be formed upon acceptance of the Customer’s booking by the Hotel, which shall be communicated to the Customer in writing.
Should a third party (such as a travel agent) have placed an order on behalf of the Customer, it shall be liable to the Hotel together with the Customer as a joint and several debtor for any obligations arising from the agreement. These terms and conditions shall also apply to the third party.
The Customer cannot sub-let, or re-let their room or other hotel space. The Customer must obtain the Hotel’s prior written consent before using the room or other hotel space for purposes other than accommodation.
3. PRICES, PRICE ADJUSTMENT, PAYMENT
The Customer shall be obliged to pay the Applicable Prices of the Hotel for the letting of the room and any further services made use of by the Customer. This shall also apply to any services commissioned by the Customer directly or via the Hotel which are provided by third parties and the cost of which is laid out by the Hotel.
For the purposes of the agreement, the Applicable Prices are:
- the prices specified in the Customer’s booking request as accepted by the Hotel upon the formation of the agreement; or
- where no price is specified on the booking request or the Customer receives additional or varied services during their stay, the applicable rates applying on the date on which the services are provided.
The prices are understood to be inclusive of the tax and local duties applicable as at the date of the agreement is formed. The prices do not include any local duties which are owed by the guest personally under the relevant laws of the location in which the hotel is located.
In the event of a change in any VAT amount or the introduction, a change in or the abolition of local duties affecting the services after the agreement has been formed, the prices will be adjusted accordingly (with such an event being a “Tax Adjustment”). In the case of agreements with consumers, a Tax Adjustment shall only apply if the period between formation of the agreement and the scheduled commencement of the Customer’s stay exceeds four months.
The Hotel may make its consent to a subsequent reduction in the number of rooms booked, the services of the Hotel or the length of the Customer’s stay dependent upon the price of the rooms booked and/or the price of other services of the Hotel being increased.
The Hotel may require the Customer to provide an appropriate advance payment or security deposit, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates may be specified by the Hotel in the notice provided to the Customer in accordance with clause 2.1. In the case of advance payments or security deposits for package tours, the statutory rules relating to package bookings shall not be affected by this clause. If the Customer fails to make a payment on time, the Hotel may apply a reasonable rate of interest on the overdue amount.
Where the Customer fails to make a payment on time or seeks an extension of the scope of the agreement, the Hotel shall be entitled to require an advance payment or security deposit within the meaning of Clause 3.4 above, or an increase in the advance payment or security deposit agreed in the agreement up to the full price of the agreement.
The Hotel shall, be entitled, at the beginning of and during the Customer’s stay, to require an appropriate advance payment or security deposit within the meaning of Clause 3.4 above for existing and future claims arising from the agreement, but only where such an amount is in addition to any amounts already paid in accordance with Clause 3.4 and/or Clause 3.5 above.
Invoices of the Hotel not bearing a due date for payment shall be due for payment within fourteen days as from receipt of the invoice, without any deduction. The Hotel may require the immediate payment of any amounts due to be paid by the Customer, at any time. In the event that the Customer does not make a payment on time, the Hotel may apply a reasonable rate of interest on the overdue amount. It shall be up to the Hotel to prove any greater damage arising from any late payment.
The Customer may only offset a claim on the part of the Hotel against a claim that is undisputed or legally final.
4. WITHDRAWAL ON THE PART OF THE CUSTOMER (CANCELLATION)/NOT MAKING USE OF THE HOTEL’S SERVICES (NO SHOW)
A withdrawal on the part of the Customer from the agreement shall only be possible:
- if a right of withdrawal was explicitly agreed with the Customer (the Customer should note that different rates and policies may apply to their stay. Customers should familiarise themselves with any such policies prior to making a booking);
- where the Customer is entitled to withdraw from the agreement pursuant to any legal right of cancellation; or
- if the Hotel expressly agrees to revoking the agreement.
Any agreement to withdraw must be in writing.
Should a date for withdrawing from the agreement free of charge have been agreed between the Hotel and the Customer, the Customer may withdraw from the agreement until that date, without triggering any claims to payment or damages on the part of the Hotel. The Customer’s right of withdrawal shall lapse if it fails to exercise its right of withdrawal by the agreed date.
4.3 Where there is no right to cancel the agreement, the Hotel will be entitled to be paid the Applicable Price. Subject to Clause 4.4, the Hotel shall offset the income from any subsequent letting of the room(s) that were otherwise to be occupied by the Customer, as well as the expenses saved. Should the rooms not be let to anyone else, the Hotel may deduct an amount for the expenses saved, in accordance with Clauses 4.5 and 4.6. It shall be up to the Customer to prove that the above-mentioned claim did not arise, or not in the amount claimed.
Where there is no right to cancel the agreement, the Hotel shall be entitled to be paid an amount equal to 20% of the Applicable Price even if the room that would otherwise have been occupied by the Customer is subsequently let.
Should nothing to the contrary have been agreed between the Hotel and the Customer in the agreement, the Customer may withdraw, free of charge, until 6 p.m. two days prior to the day of arrival. Should the Customer withdraw from the agreement at a later date, the Hotel shall be entitled to invoice 80% of the Applicable Price. In the event of discounted rates and bookings, cancellation is not possible free of charge.
Unless anything to the contrary has been agreed between the Hotel and the Customer in the agreement, in the case of a group booking (being a booking of at least 10 rooms) it shall be possible for the Customer to withdraw up to eight weeks prior to arrival and receive a refund of the entire amount of the Applicable Price. Should the Customer withdraw from the agreement between eight and four weeks (inclusive) prior to arrival, the Hotel shall be entitled to invoice 50% of the Applicable Price. Should the Customer withdraw at a later date, the Hotel shall be entitled to invoice 100% of the Applicable Price.
Should the Hotel become entitled to charge the Customer for the amount of the Applicable Price (or part thereof), the amount the Hotel can charge will be up to a maximum of the Applicable Price less the amount of the expenses saved by the Hotel and any income generated by using the hotel services otherwise.
The above provisions shall apply if the Customer fails to make use of the room or services booked without notifying the Hotel (no show). They shall likewise apply if the Customer departs at an earlier date than agreed.
5. WITHDRAWAL BY THE HOTEL
Where the Customer notifies the Hotel that they intend to withdraw from the agreement, the Hotel shall be entitled to cancel the Customer’s reservation and re-let the rooms that would have otherwise been used by the Customer so.
Should an advance payment or security deposit agreed or requested in accordance with Clause 3.4 and/or Clause 3.5 still not have been paid once a reasonable grace period set by the Hotel has expired, the Hotel shall be entitled to withdraw from the agreement.
The Hotel shall be entitled to withdraw from the agreement, where:
- Acts of God or any other circumstances that are not the fault of the Hotel make it impossible to fulfil the contract;
- the Customer makes a booking by giving misleading or false details or concealing important facts, including misleading details about the identity of the Customer, the Customer’s ability to pay or the purpose of the stay;
- the Hotel has justifiable grounds for assuming that making use of the services may jeopardise the smooth running of business operations, the security or the reputation of the Hotel in the public eye;
- the purpose or the occasion of the stay is unlawful;
- a violation of Clause 2.3 above occurs; or
- any other event or circumstance occurs or comes to the Hotel’s attention and the Hotel reasonably considers that it is necessary or appropriate to withdraw from the agreement.
The justified withdrawal by the Hotel, including in accordance with this clause 5, shall not substantiate any claim on the part of the Customer to compensation for damage.
6. PROVISION, HANDING OVER OR RETURN OF ROOM
The Customer shall not acquire any right to be accommodated in any particular rooms, unless this has been agreed with the Hotel in writing.
Any rooms booked shall be available to the Customer as from 3 p.m. on the agreed day of arrival. The Customer shall not have any right to the room being provided earlier.
The rooms are to be handed back to the Hotel, cleared, at the latest by 12 noon on the agreed day of departure. After that time, the Hotel may, due to the room being cleared late, invoice 50% of the full price of the accommodation (list price) for the relevant day of departure, in which case the Customer may continue to use the room until 6 p.m. If the room has not been cleared by the Customer by 6 p.m., the Hotel may charge the Customer 90% of the full price of the accommodation (list price) for the relevant day of departure and the Customer shall have no right to remain in the room beyond 6.p.m.. It shall be up to the Customer to prove that the Hotel has no claim to a usage fee, or a considerably lesser one.
7. LIABILITY ON THE PART OF THE HOTEL, STATUTE OF LIMITATIONS
The Hotel shall be liable for any losses which are its fault arising from injury to life, the body or health. It shall, moreover, be liable for any other damage based on deliberate default or grossly negligent breach of duty on the part of the Hotel or any deliberate default or negligent infringement of these terms and conditions. Any other claims for compensation for damage shall, in so far as nothing to the contrary has been provided for in this Clause 7, be excluded except where such an exclusion or limitation would be unlawful. Should any faults or defects occur to the Hotel’s services, the Hotel shall, if it becomes aware of them, or if the Customer immediately complains about them, provide a remedy. The Customer shall be obliged to contribute what can reasonably be expected of him or her towards eliminating the defect and keeping the damage to a minimum.
The Hotel recommends that the Customer use the hotel or room safe to store valuable possessions. Should the guest wish to bring with him or her money, securities and valuables having a value of over GBP 800.00 or any other items having a value of over GBP 3,500.00, a separate safekeeping agreement with the Hotel shall be required.
Should the Customer be provided with a parking space in the hotel garage or in the hotel car park, also in return for a fee, no custody agreement shall materialise as a result. In the event of cars and their contents that are parked or manoeuvred in the hotel grounds being stolen or damaged, the Hotel shall only be liable in accordance with Clause 7.1, sentences 1 to 3, above.
The Hotel shall not be liable for theft of or damage to clothes or any other items of the Customer and his or her accompanying persons introduced onto the premises.
Any claims against the Hotel must be made within one year from the date this agreement comes into effect. This shall not apply in the case of claims for compensation for damage or in the case of any other claims, in so far as the latter are based on intentional or grossly negligent breach of duty on the part of the Hotel.
8. WAKE-UP SERVICES, POST, LOST PROPERTY
The Hotel makes every effort to carry out wake-up services with the greatest possible care but does not warrant that the Customer shall receive a wake-up call if one is requested.
E-mails, post and consignments of goods intended for the Customer shall be handled with care by the Hotel. The Hotel takes on the safekeeping, return and, if desired – in return for a fee – forwarding of the same.
Any items belonging to the Customer that are left behind shall be sent on to the Customer upon request at the Customer’s expense and risk. The Hotel shall keep the items for six months, and shall charge an appropriate, usual fee for the service, which will be in line with the effort required to keep the items safe. Following the expiry of the period of safekeeping, the items shall, if they have any recognisable value, be handed over to the local Lost Property Office.
The Hotel shall only be liable for any infringement of the duty outlined in Clauses 8.1 to 8.3 in accordance with Clause 7.1, sentences 1 to 3.
9. IMPAIRMENT BY THE CUSTOMER, LIABILITY ON THE PART OF THE CUSTOMER
The Customer shall be liable for any damage or losses caused by the Customer during the Customer’s stay.
The same shall apply to any losses caused by third parties, in so far as such parties are present on the Hotel premises at the Customer’s behest.
10. FINAL PROVISIONS
Any amendments and additions to the agreement, the acceptance of the application or these General Terms and Conditions of Business shall require to be made in writing. Any unilateral amendments or additions by the Customer shall be invalid.
The agreement is governed by English law and the Customer may bring legal proceedings in respect of the services in the English courts. If the Customer lives in Scotland they may bring legal proceedings in respect of the services in either the Scottish or the English courts. If the Customer lives in Northern Ireland they may bring legal proceedings in respect of the services in either the Northern Irish or the English courts.
Should any individual provisions of these General Terms and Conditions of Business be or become invalid or null and void, the validity of the remaining provisions shall not be affected thereby. In addition, the statutory provisions shall apply.
If the Customer wishes to make a complaint it must provide written details of such a complaint by email to firstname.lastname@example.org
Status: September 2022