Standard Business Terms A|S Boutique Residence
I. Scope of application These business terms apply to all contracts for the provision of the A|S rooms for accommodation as well as all further supplies and services of the A|S Boutique residence in connection therewith. The standard business terms of the customer are only applicable if this is expressly agreed to in writing. If any of the following provisions are invalid for any reason, this does not affect the validity of the contract and the other provisions.
II. Formation of contract and subject matter Offers of the A|S Boutique Residence are always subject to change. The contract is concluded through the acceptance of the booking by the Residence. If the person making the booking acts in the name of and on the account of a third party (the customer), the person making the booking is jointly and severally liable together with the customer for all obligations arising from the contract as far as the Residence has a corresponding declaration of the person making the booking. The sub-letting and re-letting of the provided rooms as well as use for other purposes than accommodation require the prior written consent of the Residence.
III. Terms of payment The prices in the booking confirmation of the A|S Boutique Residence apply. The prices include statutory VAT. The Residence can request an advance payment from the customer or the provision of reasonable security. Payment has to be done in cash in EURO or in USD or CUC according to the exchange rate of the EURO.
IV. Liability of A|S Boutique residence. The A|S Boutique Residence is only liable for willful actions and gross negligence of the Residence, its legal representatives or agents. In the event of breach of material contractual obligations, the hotel is also liable for slight negligence. In this case the liability is limited to the reimbursement of the foreseeable damages that are typical to the contract. A|S is not responsible in any way for damages arising from injury to life, body or health of our guests during their stay in our Residency and in Cuba.
A|S Boutique Residence is not liable for objects brought in by guests, such as money, securities and valuables. All objects and valuables or money brought in by the customer remain in the residency at the risk of the customer. Therefore, each room has a personal safe.
V. Liability of the customer
The customer is liable for all damages to buildings or stock caused by himself or any further guests and other third parties from within his sphere.
As far as the hotel procures technical and other equipment at the request of the customer, it acts exclusively on behalf of, with the authority of and for the account of the customer. The customer is liable to the third party for the careful handling and proper return of the equipment. He shall save and hold the hotel harmless from all claims of third parties arising from the provision of the equipment.
Cancel by 6PM local time 10 days prior to arrival date to avoid 100% of total stay penalty fee.
If the customer cancels the booking or does not avail himself of the services of the hotel in whole or in part, the hotel has the right to calculate the agreed price less saved expenses. The hotel can set the expenses saved at a flat amount. The customer is then obligated to pay 90 % of the agreed net price (agreed price without statutory VAT). The above provisions do not apply if the customer is entitled to a statutory or contractual right of cancellation.
Cancellation within the meaning of para. 1 also includes a change in the scope of the contract through delayed arrival or early departure as well as a change in the number of participants.
The customer is free to demonstrate that the claim for payment did not arise or was not included in the claimed amount.
VII. Final provisions
Changes or additions to this agreement or these business terms must be made in writing. This also applies for the change of the written form clause. Unilateral changes or additions by the customer are invalid.
The place of performance and the place of payment is the seat of the A|S Boutique Residence.
The law of the Federal Republic of Cuba is applicable.
The exclusive place of jurisdiction for all disputes arising from or in connection with the contract is the seat of the A|S Residency.