General Terms and Conditions

sevencollection portugal S. A.
Largo da Liberdade 11, 8650-195 Salema, Portugal
Lisbon commercial register; juridical person no.: 514428317

I. Scope, contractual partners, subletting

1. These General Terms and Conditions apply to contracts with the aforementioned company (hereinafter referred to as “sevencollection”) for the provision of event rooms, organisation of events, and provision of hotel rooms and holiday apartments along with all of the associated services.

2. The client’s terms and conditions shall only apply if this has been expressly agreed beforehand in writing.

3. The contractual partners are sevencollection and the client.

4. The contract enters into force when sevencollection accepts the client’s query. Sevencollection is free to confirm the booking in a text format.

5. The client is obligated to inform sevencollection unprompted at the latest at the time of contract conclusion if use of the hotel services might jeopardise smooth business operations, safety or the reputation of sevencollection among the general public.

6. Written consent is required from sevencollection for the subletting of rooms, spaces or items as well as for invitations to interviews, sales meetings or similar events.

II. Services, prices, payment, offsetting

1. The client is obligated to pay sevencollection the prices agreed or applicable for the rooms and any other services that they use. This also applies to third-party services commissioned by the client either directly or through sevencollection for which sevencollection must cover the costs.

2. The prices agreed include the statutory tax and local charges applicable at the time of contract conclusion. Local charges payable by the guest as per the respective municipal laws (e.g. spa tax) are not included. In the event of a change in the statutory VAT or the introduction, alteration or abolition of local charges on the services provided after contract conclusion, the prices shall be adjusted accordingly.

3. Sevencollection can make its agreement to a subsequent reduction in the number of rooms booked, hotel services or stay duration requested by the client dependent on a commensurate increase in the price of the rooms and/or other hotel services.

4. If payment on invoice has been agreed, payment shall be due within ten days of receipt of the invoice without deductions, unless agreed otherwise.

5. For every reminder issued following a default on payment, the client shall pay sevencollection a dunning fee of €5. The client is free to prove that no or only significantly lower costs were actually incurred.

6. Sevencollection is entitled to require a commensurate advance payment or security deposit from the client (e.g. in the form of a credit card guarantee) upon conclusion of the contract. The amount payable in advance and the payment dates can be agreed in the contract in a text format. In the case of advance payments or security deposits for all-inclusive tours, the statutory provisions shall remain unaffected.

7. In justified cases (e.g. outstanding payments by the client or extension of the contract’s scope), Sevencollection shall be entitled to require an advance payment or security deposit in the sense of II (6) or an increase in the advance payment or security deposit agreed up to the full sum agreed even after conclusion of the contract and up until the start of the stay.

8. Sevencollection shall moreover be entitled to require an appropriate advance payment or security deposit from the client at the start of or during the stay in the sense of II (6) insofar as such a payment has not already been made pursuant to II (6) and/or II (7).

9. The client may only charge or offset undisputed or legally-binding claims against a claim from sevencollection.

III. Withdrawal by the client, non-use of sevencollection’s services

1. Sevencollection grants the client the right to withdraw from the contract at any time. In the event of withdrawal by the client, sevencollection shall be entitled to commensurate compensation and has the right to claim flat-rate compensation in lieu of precisely calculated compensation as provided for below as long as the client withdrew less than 29 days before the agreed stay. If the booking is cancelled less than 29 days but more than 8 days before the agreed stay, the client must pay flat-rate compensation totalling 50% of the price agreed for the stay. If the booking is cancelled less than 8 days before the agreed stay, the client must pay the full price agreed for the stay.

2. In the case of events in sevencollection facilities with more than 50 participants, sevencollection shall be entitled to require the payment of 50% of the contractually-agreed event price if the client withdraws from the event up to 60 days before the start of the event. In the event of cancellation less than 60 days prior to the start of the event, sevencollection may require payment of 75% of the contractually-agreed event price.

3. In the case of events in sevencollection facilities with less than 50 participants, sevencollection shall be entitled to require the payment of 50% of the contractually-agreed event price if the client withdraws from the event up to 30 days before the start of the event. In the event of cancellation less than 30 days prior to the start of the event, sevencollection may require payment of 75% of the contractually-agreed event price.
The client is free to prove that sevencollection did not incur any or only lower costs; sevencollection is free to prove that the costs were in fact higher.

4. The above compensation provisions shall also apply in the event that the client does not provide the according notification that it will not take advantage of the services agreed.

5. Declarations of withdrawal must be made in a text format and addressed to sevencollection. The time that sevencollection receives the declaration of withdrawal is decisive.

IV. Withdrawal by sevencollection

1. Sevencollection reserves the right to withdraw from the contract with the client free of charge if the client does not confirm their booking within 8 days of receiving the written notification from sevencollection, which must be sent at least 60 days before the start of the booking.

2. In the event that the client cancels their booking by the deadlines specified in such cases, the client and sevencollection shall not owe each other any payments whatsoever.

3. Sevencollection is entitled to withdraw from the contract for objectively justified reasons and in particular if

- force majeure or other circumstances beyond sevencollection’s control render fulfilment of the contract impossible;

- services are booked based on misleading or false statements on essential facts, e.g. about the client’s person or purpose;

- sevencollection has justified reason to believe that use of the services might jeopardise smooth business operations, safety or the reputation of sevencollection among the general public without this being attributable to the sphere of control or organisation of sevencollection;

- the legal or official permits have not been obtained or requirements not adhered to for the event planned;

- violations of the rights of third parties or a danger to public safety or order can be expected;

- I (6) of these General Terms and Conditions has been breached;

- the financial circumstances of the customer have deteriorated significantly since conclusion of the contract, in particular if the customer does not make payments to sevencollection or provide sufficient security;

- insolvency proceedings have been initiated against the customer’s assets; they have made an affidavit, initiated out-of-court debt settlement proceedings or suspended payments.

4. Sevencollection shall inform the client immediately of the decision to exercise their right of withdrawal. In the event of withdrawal as per the above provisions, the client shall not be entitled to compensation.
Should a claim for damages arise against the client in the event of withdrawal in accordance with III (3), sevencollection shall be entitled to claim flat-rate compensation. IV (4) of these General Terms and Conditions shall apply accordingly in this case.

V. Room usage, arrival and departure

1. Rooms are made available exclusively for accommodation purposes. There is no entitlement to use specific rooms.

2. Subject to the explicit agreement of an earlier time, booked rooms shall be made available to the client from 4 p.m. on the agreed day of arrival. If the client does not make use of the rooms by 6 p.m. at the latest and a later arrival time has not been agreed, sevencollection shall have the right to withdraw from the contract and to reassign the rooms booked after 6 p.m. The client shall not be entitled to any claims for damages.

3. Rooms must be vacated by 12 noon at the latest on the agreed day of departure. In the event that rooms are vacated after this time, sevencollection can charge the daily room rate for further use of the rooms. The client has the right to prove that sevencollection did not incur any costs or only lower costs.

VI. Liability of sevencollection, limitation period

1. Sevencollection shall be liable for damages resulting from injury to life, limb or health for which it is responsible. Furthermore, sevencollection shall be liable for other damages arising from any intentional or grossly negligent breach of duty by sevencollection as well as for damages arising from an intentional or negligent breach of contract-typical obligations by sevencollection. Contract-typical obligations are those that are necessary for proper execution of the contract and on the fulfilment of which the client relies and may rely. A breach of duty by sevencollection shall be deemed equivalent to that of a legal representative or vicarious agent. In the event that disruptions or shortcomings arise in sevencollection’s services, sevencollection shall endeavour to remedy such disruptions or shortcomings upon learning of these or immediately after a complaint is received from the client. The client is obligated to undertake reasonable measures to remedy the issue and to keep any possible damage to a minimum. The client is moreover obligated to inform sevencollection in good time of the possibility of an extraordinarily high loss being incurred.

2. Sevencollection shall be liable in accordance with the statutory provisions for items that the client brings with them. Clients are advised to use the hotel or room safe. Should they wish to bring money, bonds or valuables worth more than €800 with them, a separate storage agreement must be concluded with sevencollection. Sevencollection’s liability in the event of the loss of the valuables covered by the storage agreement shall be governed by this agreement.

3. Items left behind by the client shall only be forwarded at the client’s request, risk and cost. Sevencollection shall keep items for three (3) months, after which time they will be handed over to the local lost property office should they be of discernible value. If the lost property office is not prepared to accept the items, they shall be kept for a further nine (9) months and then either used or destroyed. Sentences 1–4 of IV (1) shall apply accordingly with regard to sevencollection’s liability.

4. If the client is allocated a parking space in the hotel garage or car park, this shall not constitute a safekeeping agreement, even if fees should apply. Sevencollection has no duty to provide surveillance. Sevencollection shall only be liable for the loss of or damage to motor vehicles parked or moved on the hotel property and their contents as per sentences 1–4 of IV (1). Sevencollection must be notified immediately of any damage.

5. Wake-up services are provided by sevencollection with the utmost care. All messages, mail and goods consignments for guests are handled with care. Sevencollection shall only take care of the delivery, storage (in case of goods consignments, only upon prior arrangement, however) and, upon request, forwarding of these for a fee. Sentences 1–4 of IV (1) shall apply accordingly with regard to sevencollection’s liability.

VII. Liability of the client

The client shall be liable for all damages caused directly or indirectly by event participants or visitors, employees, other third parties, themselves, their legal representatives or vicarious agents.

VIII. Final provisions

1. In commercial dealings, the place of performance and place of payment is the location of the sevencollection hotel or holiday apartment in question.

2. In commercial dealings – and also for cheque disputes – the exclusive place of jurisdiction is Faro local court.

3. The laws of the Federal Republic of Germany apply. Application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws provisions is excluded.

4. Sevencollection does not participate in dispute resolution proceedings before consumer arbitration boards.

5. Should individual provisions of these General Terms and Conditions be or become ineffective or void, the effectiveness of the remaining provisions shall not be affected. Should a provision of the present agreement be or become invalid or unenforceable, the remaining provisions shall remain unaffected. The parties agree to replace the invalid or unenforceable provision with a valid and enforceable provision that most closely approximates the parties’ intended economic purpose. The same shall apply in the event of a loophole. The statutory legal provisions shall also apply.

 

Last modification: Mon 28 Sep 2020
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