TERMS AND CONDITIONS
Introduction:
The terms and conditions set out below ("Conditions") apply to your use of this web site and related websites ("Site"), including the use of the information services offered on the Site. In accessing and using the Site, you agree to be bound by these Conditions so please carefully read this section before proceeding. If you do not accept these Conditions, you must refrain from using the Site. These Conditions must be read in conjunction with any other applicable terms and conditions governing the use of the Site and which may be incorporated, added, amended, supplemented any time herein after and/or which already stands incorporated.
Conditions:
1. SITE
The Site makes available information relating to hotels owned or managed by REPL Hospitality Private Limited, a corporation constituted under the laws of India, and its subsidiaries, controlled entities, affiliates and related parties ("The REPL Hospitality Private Limited").
2. TRADEMARKS
The Site contains "REPL Hospitality Private Limited" trade and service marks and devices (including the word "REPL Hospitality Private Limited") and other valuable trade or service marks owned by REPL Hospitality Private Limited or licensed to REPL Hospitality Private Limited to distinguish its services and products. These trade and service marks and related intellectual property are protected from copying and simulation under national and international laws and may not be reproduced or copied without the express prior written consent of REPL Hospitality Private Limited. Without limitation, you must not use any of the said trade or service marks:
- In or as the whole or part of your own trademarks;
- In connection with activities, products or services which are not undertaken or provided by REPL Hospitality Private Limited;
- In a manner which may be confusing, misleading or deceptive; or
- In a manner that disparages REPL Hospitality Private Limited or its information, products or services (including this Site).
3. COPYRIGHT
The information, text, graphics, images, sounds, links and all other information and software published or otherwise contained in the Site ("Information") are either owned exclusively by REPL Hospitality Private Limited or licensed by REPL Hospitality Private Limited and except as specifically provided in these Conditions may not be copied, distributed, displayed, reproduced or transmitted, in any form or by any means whether electronic, mechanical, photocopying, recording, or otherwise, without the prior written approval of REPL Hospitality Private Limited. Without limitation you may not, without such approval from REPL Hospitality Private Limited, create derivative works from any part of the Site or commercialize any Information, products or services obtained from any part of the Site. Information procured from a third party may be the subject of copyright owned by that third party.
4. YOUR USE
The Site is for your personal non-commercial use and the Information may be downloaded or printed by you solely for that purpose. This right to use the Information is a license only, not a transfer of title, and is subject to the following restrictions:
- The Information may not be used for any commercial purpose or public display, performance, sale or rental;
- No copyright or other proprietary notices may be removed.
- Information may not be transferred to another person.
- The software may not be interfered with in any manner.
- Every person downloading, reproducing or otherwise using the Information must prevent any unauthorized copying of the Information.
- You will only use the Information for lawful purposes and in accordance with these Conditions.
5. INFORMATION
You accept that all information provided on the Site or any other material accessed through the Site including via any Linked Web Site (refer Condition 8) is general information and is not in the nature of advice. You also accept that all of the Information is provided on an "as is" basis and to the extent permitted by law, is provided without any warranty, representation or condition of any kind whether express, implied, statutory or otherwise. You assume all responsibility and risk for your use of or reliance upon the Information and the Site or any other material accessed through the Site including via any Linked Website.
Whilst REPL Hospitality Private Limited seeks to ensure that the information is reliable and accurate, errors and omissions may occur and therefore, to the extent permitted by law, REPL Hospitality Private Limited does not make or give any representation or warranty (express or implied) of any kind as to any matter relating to the Site and any Linked Web Site, including without limitation, as to merchantability, non-infringement of intellectual property rights or fitness for purpose.
In particular, REPL Hospitality Private Limited does not warrant that the Information or any other material accessed through the Site including via any Linked Web Site is reliable, accurate or complete including, without limitation, information relating to prices and availability; or your access to Information or any other material accessed through the Site including via any Linked Web Site will be uninterrupted, timely or secure.
REPL Hospitality Private Limited is not liable for any loss (direct or indirect) resulting from any action taken or reliance made by you on the Information or any other material accessed through the Site including via any Linked Web Site. You should make your own inquiries and seek independent professional advice before acting or relying on any such information or material.
REPL Hospitality Private Limited may from time to time update, modify or add to the Information, including these Conditions and absolutely reserves the right to make such changes without any obligation to notify past, current or prospective users of the Site. Unless otherwise specified to the contrary all new Information shall be subject to these Conditions.
REPL Hospitality Private Limited does not guarantee that the Site will operate continuously or without interruption or be error-free. In addition, REPL Hospitality Private Limited may also suspend or discontinue any aspect of the Site at any time without being liable for any direct or indirect loss as a result of such action.
6. LIABILITY DISCLAIMER
In no event shall REPL Hospitality Private Limited be responsible for any direct, indirect, special, incidental or consequential loss or damage, however arising and whether in contract, tort or otherwise, which you may suffer in connection with or be arising out of your use of the Site or any Linked Web Site; or your use of or reliance on Information or any other material accessed through the Site including via any Linked Web Site; including without limitation, loss or damage by way of loss of profits, loss of business opportunity, business interruption or loss of information.
These Conditions do not purport to exclude liability arising by any applicable law if, and to the extent, such liability cannot be lawfully excluded, however, to the extent permitted by law, all warranties, terms or conditions which would otherwise be implied into these Conditions are hereby excluded. Where applicable law implies any warranty, term or condition, and that law prohibits exclusion or modification of the application of or the liability of REPL Hospitality Private Limited under, any such warranty, term or condition, then the liability of REPL Hospitality Private Limited shall include liability for that warranty, term or condition but such liability will be limited for a breach of that warranty, term or condition to one or more of the following:
- If the breach relates to services, the supply of the services again or payment of the cost of having the services supplied again; and
- If the breach relates to products and the products can be repaired, repair of such products or payment of the costs of having the products repaired, but otherwise, replacement of the products or the supply of equivalent products or payment of the cost of replacing the products or of acquiring equivalent products.
7. SPECIFIC WARNINGS
You must ensure that your access to and your use of the Site is not illegal or prohibited by laws which apply to you. You must take your own precautions that the process which you employ for accessing the Site does not expose you to the risk of virus, malicious computer code, computer program routine or process or other forms of interference which may damage your own computer system. Without limitation, you are responsible for ensuring that your own computer system meets all relevant technical specifications necessary to use the Site and is compatible with the Site.
For the removal of doubt, REPL Hospitality Private Limited does not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Site or any Linked Web Site.
8. LINKED WEBSITES
The Site may contain links to other websites ("Linked Websites"). Those links are provided for convenience only and may not remain current or be maintained. You acknowledge and agree that REPL Hospitality Private Limited does not have any control over the content or availability of Linked Websites and accepts no responsibility for the content, privacy practices, or any other aspect of Linked Websites.
Links with Linked Websites should not be construed as an endorsement, approval or recommendation by REPL Hospitality Private Limited of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary.
9. SECURITY & NON-CONFIDENTIALITY
Electronic transmissions of data including the Internet are public media and any use of such media is public not private. Information related to or arising from such use is either public or the property of those collecting the information and not personal or private information. REPL Hospitality Private Limited does not warrant and cannot ensure the security or confidentiality of any information which you transmit to REPL Hospitality Private Limited. Accordingly, any information which you transmit to REPL Hospitality Private Limited is transmitted at your own risk.
10. TERMINATION OF ACCESS
Access to the Site may be terminated at any time by REPL Hospitality Private Limited without notice. These Conditions will nevertheless survive any such termination.
11. GENERAL
REPL Hospitality Private Limited does not accept any liability for any failure by REPL Hospitality Private Limited to comply with these Conditions where such failure is due to circumstances beyond its reasonable control.
If REPL Hospitality Private Limited waives any rights available to it under these Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these Conditions are held to be invalid, unenforceable or illegal for any reason, the remaining Conditions shall nevertheless continue in full force.
12. GOVERNING LAW & JURISDICTION
These Conditions are governed by the laws in force in India and you agree to submit to the exclusive jurisdiction of the courts of India.
13. RETURN TO SITE
To return to the Site, click here. By doing so, you acknowledge that you have read, understood and accepted these Conditions.
GENERAL TERMS AND CONDITIONS FOR HOTEL ACCOMMODATION CONTRACTS:
1. Scope of Applicability
1.1 These terms and conditions govern contracts for the rental use of hotel rooms for lodging purposes, as well as all other goods and services rendered by the hotel to the customer in this context (Hotel Accommodation Contract). The term "Hotel Accommodation Contract" comprises and replaces the following terms: accommodation, lodging, hotel, hotel room contract.
1.2 The hotel's prior consent in written form is required if rooms provided are to be sublet or rented to a third party, or used for other than lodging purposes.
1.3 The customer's general terms and conditions shall apply only if these are previously expressly agreed.
2. The conclusion of Contract, Parties, Statute of Limitations
2.1 The hotel and the customer are the contracting parties. The contract shall come into force upon the hotel's acceptance of the customer's offer. At its discretion, the hotel may confirm the room reservation in written form.
2.2 Any claims against the hotel shall generally be time-barred one year after the commencement of the general statute of limitations period. Damage claims shall be time-barred after five years, independent of knowledge thereof, insofar as they are not based on claims arising out of harm inflicted on life, limb, physical health or liberty. These damage claims shall be time-barred after ten years, independent of knowledge thereof. The reduction of the statute of limitation periods shall not apply to claims which are based on an intentional or grossly negligent breach of obligation by the hotel.
3. Services, Prices, Payment, Set-Off
3.1 The hotel is obligated to keep the rooms reserved by the customer available and to render the agreed services.
3.2 The customer is obligated to pay the agreed or applicable hotel prices for rooms provided and for other services accepted. This also applies to services ordered by the customer directly or via the hotel, which a third party provides and the hotel disburses.
3.3 The agreed prices include all taxes and local taxes in effect at the time of the conclusion of the contract. This does not include locally levied taxes, which are owned by the guest himself according to the particular municipal law, such as visitor's tax. If the statutory value-added tax is changed or if local taxes concerning the rooms and services are newly introduced, changed or abolished after these have been contractually agreed upon, the prices will be adjusted. This only applies to contracts concluded with consumers, if four months have passed between the conclusion and fulfilment of the contract.
3.4 The hotel can make its consent to the customer's later request for a reduction of the number of reserved rooms, services of the hotel or the customer's length of stay dependent on the increase of the price for the rooms and/or for the other services.
3.5 Hotel invoices not stating a due date are payable without deduction and due within ten days of receipt of the invoice. The hotel can demand immediate payment of the due debt from the customer. With the default of payment, the hotel shall be entitled to demand the respectively applicable statutory default interest in the amount of currently 8 percentage points or, with legal transactions with a consumer, in the amount of 5 percentage points above the base interest rate. The hotel reserves the right to prove greater damage.
3.6 The hotel is entitled to require a reasonable advance payment or a security, such as a credit card guarantee, from the customer upon conclusion of the contract. The amount of the advance payment and payment dates may be agreed in written form in the contract. The statutory provisions shall remain unaffected with advance payments or a security for package tours.
3.7 In justified cases, e.g. the customer's default in payment or expansion of the scope of the contract, the hotel shall be entitled, also after the conclusion of the contract up to the commencement of the stay, to demand an advance payment or security within the meaning of the above-mentioned No. 3.6 or an increase of the advance payment or security agreed in the contract up to the total agreed remuneration.
3.8 Furthermore, the hotel shall be entitled, at the commencement and during the customer's stay, to demand a reasonable advance payment or security deposit within the meaning of the above-mentioned No. 3.6 for existing and future accounts receivable from the contract, insofar as such has not already been paid pursuant to the above-mentioned No. 3.6 and/or No. 3.7.
3.9 The customer may only set-off, reduce or clear a claim by the hotel with a claim which is undisputed or decided with final, judicial effect.
3.10 For room booking under various schemes like Senior Citizen, Doctor, Army Officer etc. proof will be required at the time of check-in.
4. Withdrawal of the Customer (Cancellation, Annulment)/ Failure to Use Hotel Services (No Show)
4.1 The customer can only withdraw from the contract concluded with the hotel, if a right of withdrawal was explicitly agreed upon in the contract, another statutory right of withdrawal exists or if the hotel gives its explicit consent to the withdrawal. The contractual agreement of a right of withdrawal as well as the consent to withdrawal from the contract shall be in written form.
4.2 Insofar as the hotel and customer have agreed upon a date for a cost-free withdrawal from the contract, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer's right of withdrawal shall expire if he does not exercise his right of withdrawal vis-a-vis the hotel by the agreed date.
4.3 The hotel is entitled to the contractually agreed rate even if the rooms are not used, if a contractual right of withdrawal was not agreed or has expired, a statutory right of withdrawal or cancellation is not given and the hotel does not give its consent to the cancellation of the contract. The hotel must credit the income from renting the rooms to other parties as well as for saved expenses. If the rooms are not rented otherwise, the hotel can demand the contractually agreed rate and assess a lump sum for the saved expenses of the hotel.
5. Withdrawal of the Hotel
5.1 Insofar as it was agreed that the customer can withdraw from the contract at no cost within a certain period of time, the hotel is entitled to its part to withdraw from the contract during this period of time if inquiries from other customers regarding the contractually reserved rooms exist and the customer, upon inquiry thereof by the hotel with a reasonable deadline set, does not waive his right of withdrawal.
5.2 If an agreed advance payment or an advance payment or a security demanded pursuant to No. 3.6 and/or No. 3.7 is not made even after a reasonable grace period set by the hotel has expired, then the hotel is likewise entitled to withdraw from the contract.
5.3 Moreover, the hotel is entitled to effect extraordinary withdrawal from the contract for a materially justifiable cause, in particular, if force majeure or other circumstances beyond the hotel's control render the fulfilment of the contract impossible; rooms or spaces are reserved with culpably misleading or false information or concealment regarding essential facts; the identity or solvency of the customer or the purpose of his stay can constitute essential facts; the hotel has justified cause to believe that use of the hotel's services might jeopardize the smooth operation of the hotel, its security or public reputation, without being attributable to the hotel's sphere of control or organization; the purpose or the cause of the stay is illegal; there is a breach of the above-mentioned No. 1.2.
5.4 The justified withdrawal by the hotel constitutes no claims for damages for the customer.
6. Room Availability, Delivery and Return
6.1 The customer does not acquire the right to be provided specific rooms insofar as this is not expressly agreed.
6.2 Reserved rooms are available to the customer starting at 3:00 p.m. on the agreed arrival date. The customer does not have the right to earlier availability.
6.3 Rooms must be vacated and made available to the hotel no later than 12:00 noon on the agreed departure date. Thereafter, the hotel can charge 50% of the full accommodation rate (list price) for the additional use of the room until 6:00 p.m. (after 6:00 p.m.: 100%). Contractual claims of the customer shall not be established thereby. The customer is at liberty to prove that the hotel has no or a considerably lower claim for use damages incurred.
7. Liability of the Hotel
7.1 The hotel is liable for its obligations under the contract. The customer has to notify the hotel of any defect immediately so that the hotel can rectify such. If the customer culpably fails to notify the hotel of a defect, there will be no entitlement to a reduction of the contractually agreed remuneration.
7.2 The hotel is liable for the customer's belongings according to the statutory provisions. Accordingly, the liability is limited to one hundred times the room rate, up to a maximum amount of 3,500 euros, and up to 800 euros for cash and valuables. The hotel recommends the use of the hotel safe or room safe.
7.3 Insofar as a parking space is provided to the customer in the hotel garage or a hotel parking lot, even against a fee, this does not constitute a safekeeping agreement. The hotel shall not be liable for loss of or damage to motor vehicles parked or manoeuvred on the hotel’s property, nor the contents thereof, except for cases of intent or gross negligence. This also applies to vicarious agents of the hotel.
7.4 Wake-up calls are carried out by the hotel with the greatest possible diligence. Messages, mail, and merchandise deliveries for guests are handled with care. The hotel will deliver, hold and for a fee forward such items (on request). The hotel is not liable for damages, except for cases of intent or gross negligence.
8. Final Provisions
8.1 Amendments and supplements to the contract or to the General Terms and Conditions should be made in written form. Unilateral amendments or supplements by the customer are invalid.
8.2 The place of performance and payment is the hotel's location.
8.3 The exclusive jurisdiction and the court of the hotel's registered office apply for commercial transactions. Insofar as a contracting party fulfils the requirements of section 38 (2) of the German Code of Civil Procedure and does not have a general jurisdiction within the country, the courts at the hotel's registered office shall have jurisdiction.
8.4 The contract is governed by and construed in accordance with the laws of the Federal Republic of Germany. The application of the UN Convention on the International Sale of Goods and Conflict Law is precluded.
8.5 Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or become invalid or void, the validity of the remaining provisions shall remain unaffected thereby. The statutory provisions shall apply otherwise.
General Terms and Conditions for Events
1. Scope of Applicability
1.1 These terms and conditions shall apply to contracts for the rental of the hotel's conference, banquet, and convention rooms for events such as banquets, seminars, conferences, exhibitions and presentations, etc., as well as all other additional services and goods performed/provided in connection therewith by the hotel for the customer.
1.2 The hotel's prior consent in written form is required if the rooms, areas, or display cases are to be rented or sublet to a third party, or if invitations are issued for introductory interviews, sales promotions, or similar events.
1.3 The customer's general terms and conditions shall apply only if this is previously expressly agreed.
2. Conclusion of Contract, Parties, Liability, Statute of Limitations
2.1 The hotel and the customer are the contracting parties. The contract shall come into force upon the hotel's acceptance of the customer's offer. At its discretion, the hotel may confirm the room reservation in written form.
2.2 The hotel is liable for harm inflicted on life, limb, and physical health. Further, it is liable for other damage caused with full intent or gross negligence or due to an intentional or grossly negligent violation of obligations typical for the contract.
2.3 Any claims against the hotel shall generally be time-barred one year after the commencement of the general statute of limitations period. Damage claims shall be time-barred after five years, independent of knowledge thereof, insofar as they are not based on claims arising out of harm inflicted on life, limb, physical health or liberty.
3. Services, Prices, Payment, Set-Off
3.1 The hotel is obligated to render the services ordered by the customer and agreed upon by the hotel.
3.2 The customer is obligated to pay the agreed or applicable hotel prices for rooms provided and for other services accepted.
4. Withdrawal of the Customer (Cancellation, Annulment)
4.1 The customer can only withdraw from the contract concluded with the hotel under specific conditions.
4.2 Insofar as the hotel and customer have agreed upon a date for a cost-free withdrawal from the contract, the customer may withdraw up to that date without incurring payment or damage compensation claims by the hotel.
5. Withdrawal of the Hotel
5.1 The hotel is entitled to withdraw from the contract under certain circumstances, including non-payment or force majeure.
6. Changes in Number of Participants and Time of Event
6.1 An increase or reduction in the number of participants must be communicated to the hotel within a specific timeframe.
7. Bringing of Food and Beverages
The customer may not bring food or beverages to events without prior agreement with the hotel.
8. Technical Facilities and Connections
8.1 The hotel may provide technical facilities at the customer's request, with the customer liable for their proper use and return.
9. Loss of or Damage to Property Brought In
9.1 The customer bears the risk of damage or loss of items brought into the event rooms/hotel, except in cases of gross negligence or intent by the hotel.
10. Customer's Liability for Damage
10.1 The customer, if an entrepreneur, is liable for damage caused by event participants or visitors.