General Terms & Conditions
Article 1: Definitions
In these General Conditions as well as in all offers, agreements or adoptions of agreements to which these General Conditions are applicable, the following definitions are applied:
1.1 Exploris Hotel:
All branches of the private limited liability company Exploris Hotels B.V., both inside and outside the Netherlands, as well as all companies and businesses linked to Exploris Hotel B.V., daughter businesses and companies, whatever their names.
The offering of accommodation in the widest sense of the term by Exploris Hotels and/or the making available of (floor) space and/or food and/or drinks with all associated activities and/or services.
a. The person(s) to whom Exploris Hotels must provide the services on grounds of an agreement concluded with a guest.
b. natural or legal person with whom Exploris Hotels has concluded an agreement for the provision of services.
Wherever reference is made in these General Conditions to guest, this is also intended to include the person(s) accompanying the guest. Unless emphatically established otherwise, intended by guest in these General Conditions are both the guests staying at Exploris Hotels and also the guests entering the hotel externally.
Also intended by guest is the intermediary who, whether or not in name of his/her contacts, has concluded an agreement for the provision of services. A natural person who does not act from the exercise of his/her profession or business is also called a consumer in these General Conditions.
1.4 Hotel agreement:
The agreement concluded between Exploris Hotels and the gust whereby Exploris Hotels, against payment by the guest, provides services for the benefit of that guest(s). Where reference is made in these General Conditions of Hotel agreement this is also intended to include any other agreement to which the present General Conditions have been declared applicable. These General Conditions are also applicable to guests who have entered into a Hotel agreement through an intermediary.
Another party (for example www.trivage.nl, www.bookings.com and other booking and/or comparative websites without further specification) than Exploris Hotels which bring about a Hotel agreement between Exploris Hotels and the guest.
1.6 Online reservation:
The Reservation which is made with the aid of the reservation form to conclude a Hotel agreement, which is available on the website of Exploris Hotels. Online reservations made through other websites (intermediaries) may have different conditions and do not fall under an Online reservation as intended in these General Conditions.
The Hotel agreement concluded in written form between the guest and Exploris Hotels whereby it is established between the guest and Exploris Hotels in what period and against what conditions the Hotel agreement will be effectuated.
Article 2: Applicability of these General Conditions
2.1 These General Conditions are applicable to all offers, agreements and adoptions of agreements with Exploris Hotels.
2.2 Offers, agreements and adoptions of agreements which deviate from these General Conditions are only valid if emphatically agreed with Exploris Hotels in writing. In that case, the deviation is only applicable to the offer, agreement or adoption of agreement it regards.
2.3 Unless communicated in advance, emphatically and in writing to Exploris Hotels and confirmed by Exploris Hotels, the guest, client or any other (legal) person consent to these General Conditions.
Article 3: Adoption of the Hotel agreement
3.1 All offers for the adoption of a Hotel agreement of Exploris Hotel are non-committal and in any case only apply to the extent the capacity of Exploris Hotels is sufficient. In the event of an Online reservation, in principle the most current offer is depicted.
3.2 If the guest has accepted an offer and the capacity of Exploris Hotels turns out to be insufficient, Exploris Hotels will have the right to still invoke, within a term of 5 (five) days before the first overnight stay or later if it cannot be reasonably expected from Exploris Hotels otherwise, the provision described under article 3.1, and to modify or cancel the Hotel agreement. However, the solution will first be sought in conformity with the provisions in article 4.4 regarding modifications.
3.3 A Reservation is only definitive after the guest or Exploris Hotels has confirmed the Reservation in writing.
3.4 A Hotel agreement by way of an Online reservation is adopted at the moment that the guest accepts the offer by sending in the reservation form. Exploris Hotels will confirm receipt of this submittal by e-mail. Without confirmation, the guest can always cancel the Hotel agreement. This in derogation to article 3.3.
3.5 Any Hotel agreement entered into by a guest is deemed to have been concluded at the risk and expense of this guest as well. Every payment by a guest will liberate the guest to the same extent.
3.6 Unless emphatically agreed in writing, Exploris Hotels does not owe a guest commission, fees, whatever it is called.
3.7 Without prejudice to what is stipulated otherwise in these General Conditions, Exploris Hotels can, in case of a group, provide a guest (the option holder) with an option right. Such an option right can only be furnished in writing. In case another guest also makes an offer for a Hotel agreement to Exploris Hotels, Exploris Hotels will inform the option holder accordingly. The option right will lapse in case the option holder does not notify Exploris Hotels within the indicated term to be willing to exercise the option right.
3.8 Without prejudice to the provisions in this article, Exploris Hotels has the right to let an (Online) Reservation lapse, if a guest has not presented himself on the first reserved day at 12 o’clock. This leaves unaffected the payment obligation. This provision does not apply in case the guest has issued a payment guarantee for the reserved period.
3.9 Upon modification of the arrival and/or departure date, the original, definitive Reservation will lapse and, through mutual agreement, a new definitive Reservation will be concluded.
3.10 Exploris Hotels prepares the information on the website with the greatest care, but nevertheless inaccuracies in the information and/or omissions may occur upon the transfer of information and/or due to technical failures or other circumstances. All concluded Online reservations are subject to apparent modifications and/or errors. In case modifications and/or errors as intended in this section lead to a change of price, the gust will be entitled to cancellation free of charges.
Article 4: Obligations of Exploris Hotels
4.1 During the established period, Exploris Hotels will make available the agreed accommodation to the guest and/or provide the agreed Services, in conformity with the quality standards which are applicable at Exploris Hotels.
4.2 The provision as described in the preceding under article 4.1., is not applicable:
a. In case of force majeure as described in these conditions in the article regarding force majeure (article 9);
b. In case the guest does not appear or is more than 30 minutes late;
c. In case the guest has not or has not timely settled the advance or intermediate payment;
d. In case the guest does not comply or not completely complies with the obligations to which the guest, on whatever account, is subject towards Exploris Hotels.
4.3 Unless agreed otherwise in writing, Exploris Hotels will make available the accommodation to the guest from 2.00 PM on the day of arrival until noon on the day of departure.
4.4 Exploris Hotels has the right to offer the guest hotel accommodation other than the one which would have been made available on grounds of the Hotel agreement. In the event this is problematic for the guest, the guest has the right to terminate with immediate effect the Hotel agreement. In case the hotel accommodation offered, and accepted by the guest, is cheaper than the original accommodation, Exploris Hotels will make available the amount of savings to the guest. Exploris Hotels will in no case be held to pay any further compensation.
Article 5: Group reservations
5.1 from 10 (ten) rooms upwards, a Reservation falls under group reservations. The provisions regarding group reservations otherwise apply without prejudice to the provisions in these General Conditions. In case of conflict between provisions, the provisions in this article prevail.
5.2 A guest can make a so-called optional reservation for a group reservation. An optional reservation is only concluded after it has been confirmed in writing. An optional reservation can be held until 3 (three) months prior to the arrival date at the latest. Unless emphatically established in writing, and optional reservation will lapse automatically after. In case of any possible events, the option can be held until 5 (five) months prior to the arrival date at the latest.
5.3 A definitive reservation is only concluded after Exploris Hotels has confirmed it in writing and this confirmation has been signed by and received back from the guest. In case of the alteration of the arrival and/or departure date, the original definitive reservation will lapse and, through mutual agreement, a new definitive Reservation will be concluded.
5.4 For a group reservation it applies that a guest may reduce the originally reserved number of rooms until 12 o’clock before the day of arrival by a maximum of 10% free of charge.
5.5 Increasing the originally definitive number of reserved rooms is only possible through consultation with Exploris Hotels. In no way is Exploris Hotels responsible for the increase, without consultation, of the originally definitive reserved number of rooms.
5.6 In case of a total cancellation of a definitive reservation:
a. Until 03 (three) months before the arrival date, Exploris Hotels does not apply any charges to the guest.
b. From 03 (three) months until 03 (three) weeks before arrival date, the guest is obligated to compensate 50% of accommodation costs to Exploris Hotels.
c. In the event of 03 (three) weeks before arrival date, the guest is obligated to pay 100% of accommodation costs plus any possible reserved group dinners to Exploris Hotels.
5.7 In case the amount of the group reservation is higher than € 1,000, we require a down payment of 50% on the total amount. No later than 03 (three) months before arrival date, 50% of the reservation value must be credited to the bank account of Exploris Hotels.
5.8 In case of the alteration of the arrival and/or departure date of a complete definitive reservation, the original dates will lapse and through mutual agreement and on the basis of availability the new definitive reservation will be rescheduled to the desired dates. In case the availability does not permit this, you will be automatically deferred to the cancellation conditions (article 5.6).
5.9 In the matter of the group reservations, the guest will make sure that Exploris Hotels will be in possession of the list of names of the guests no later than 07 (seven) working days before the arrival date.
5.10 In case the guest is negligent with regard to the preceding articles, Exploris Hotels will consider the definitive reservation as cancelled. This cancellation will be considered as a cancellation of a definitive reservation by the guest (article 5.6). The guest will remain bound to settle the cancellation compensation with Exploris Hotels.
Article 6: Cancellation
6.1 The provisions in this article apply without prejudice to the stipulations of these General Conditions. The provisions in this article leave unaffected the liability of the guest and/or third parties on grounds of ordinary law.
6.2 A Hotel agreement is irrevocable and cannot be cancelled.
6.3 Specifically for Online reservations it applies that there is no right to rescission for consumers, pursuant to article 6:230p BW (Netherlands Civil Code).
6.4 In case on the website of Exploris Hotels a specific rule for cancellations applies and/or is made reference to, this is considered as a fixed part of the offer and this will prevail over the irrevocability stipulated in this article. The guest will have, in such case, the possibility of cancellation as listed on the website of Exploris Hotels. In case the guest has already checked in on-line, cancellation is never possible, unless established otherwise.
6.5 Cancellation must take place in writing, which also includes on-line by e-mail to email@example.com, and in a dated form, or telephonically. A cancellation is definitive once it has been confirmed in writing by Exploris.
6.6 Without prejudice to the provisions regarding group reservations (article 5) it applies, unless agreed otherwise in writing, that a Reservation can be cancelled until 12 o’clock on the day before arrival free of charges.
Article 7: House Rules & Code of Conduct Exploris Hotels and/or of related businesses
7.1 Smoking. Exploris Hotels are non-smoking. Smoking, therefore, is not permitted.
7.3 Narcotics and hallucinogenic substances: the use and possession of and the commerce in soft and/or hard drugs and/or other hallucination-inducing substances are prohibited.
7.2 Sexual harassment, racism, and discrimination: you may not commit acts of sexual harassment, racism, and discrimination.
7.4 Obnoxious, indecent and/or aggressive conduct: threats, maltreatment, and other types of aggression are prohibited. Whomever behaves obnoxiously, indecently, or aggressively inside or outside Exploris Hotels will be subjected to sanctions.
7.5 Loss, damage, injury: Exploris Hotels is not liable for the loss of and/or the damage to property of guests, unless it was handed over for safekeeping against payment. In case of the loss of matters which are located, for example, in clothing (even if this was handed in for safekeeping against payment) Exploris Hotels is not liable. Nor is Exploris Hotels liable in the event of injury to persons.
7.6 Destruction: the causing of destruction to and the embezzlement of goods from the hotel room and/or the inventory of Exploris Hotels and/or of businesses linked to Exploris will be billed to the culprit/guest or to the person/guest who is personally liable for this.
7.7 No reception guest for sexual services: it is not permitted to receive guests in the rooms for the benefit of sexual activities.
7.8 Control Hotel room: immediately after checking in you must check your room for any possible damage and report such immediately at the reception. After checking in you will be responsible for the room and for any possible damage.
7.9 Night’s rest: at the hotel it must be quiet from 10.00 PM in the hallways and the rooms. It is not permitted to roam the hallways after closing hours.
7.10 Violation of House Rules & Code of Conduct: in case of violation of the house rules and the code of conduct, a sanction may be imposed, such as removal or a ban from all Exploris Hotels and/or businesses linked to Exploris, payment of the expenses for cleaning, etc. In the event of the discovery of criminal acts, a police report will be filed at all times.
Article 8: Prices and Payment
8.1 The prices may vary according to the type of accommodation, the day, time of reserving, payment conditions, and cancellation conditions.
8.2 The guest owes the amounts indicated in the Hotel agreement to Exploris Hotels. For special services such as the use of the parking garage (if present), telephone, safe, etc., Exploris Hotels can charge additional compensation to the guest. The costs are communicated clearly.
8.3 All bills, including the bills regarding cancellation or ‘no-show’ will be paid by the guest in cash, or, if emphatically agreed on, within 14 (fourteen) days after invoice date. Designated as the place of payment is the branch in question of Exploris Hotels which the invoice is in regard to.
8.4 The guest is supposed to conclude the Hotel agreement or any other agreement on behalf of each Guest as well. By presenting himself, the guest indicates that the guest was authorised to represent him in the matter.
8.5 Payment takes place in Euros. If Exploris Hotels accepts payment in foreign currencies, the exchange rate valid at that moment will be applied. Exploris Hotels has the right, in the event of payment in foreign currencies, to apply a maximum of 10% of the amount in foreign currencies as administration costs.
8.6 Exploris Hotels has the right to refuse cheques, and other similar payment means, or payment means other than those listed above, or to subject their acceptance to certain conditions. Otherwise it is up to Exploris Hotels what payment methods are proposed. In case of an Online reservation it applies that the payment options are communicated timely before concluding the agreement. Exploris Hotels has the right to demand (partial) advance payment. This applies to all types of reservations. This amount is ultimately set off against the amount which is due in the end. In case of a cancellation, the amount already paid will be refunded as soon as possible, though in any case no later than within 14 (fourteen) days.
8.7 In case the guest makes use of the services of Exploris Hotels during his stay, Exploris Hotels will have the right to claim payment already for the purchased services.
8.8 In case the guest does not timely comply with his payment obligation(s), after being notified by Exploris Hotels regarding the late payment and after Exploris Hotels has conceded the guest a 14-day term to comply with his payment obligations in second instance, the guest will owe, after failure to settle payment within this 14-day term, the statutory interest, and Exploris Hotels will have the right to charge the extrajudicial collection costs incurred by it to the guest. These collection costs amount to a maximum of: (–) 15% over outstanding amounts until € 2,500; (–) 10% over the next € 2,500, and (–) 5% over the next € 5,000, with a minimum of € 40. Exploris Hotels may deviate from the aforementioned amounts and percentages to the advantage of the Guest.
Article 9: Liability
9.1 This article is only applicable in case the guest is a (legal) person who acts from the exercise of his profession or business. In the event of a consumer-guest, the liability of Exploris Hotels is limited to the extent this is legally possible.
9.2 Unless there is a question of intent or gross negligence on the part of Exploris Hotels, Exploris Hotels accepts no liability whatsoever:
a In whatever form.
b. For damage caused to or with vehicles of the guest.
c. For damage which has occurred directly or indirectly to whomever or whatever as a direct or indirect effect of any defect or otherwise to, in, or on any movable or immovable property of which Exploris Hotels is the owner, (ground) lessee, or tenant, or which are otherwise available to Exploris Hotels.
9.3 The liability of Exploris Hotels will never exceed the value of the Hotel agreement or the compensation for damage as covered by the insurance company of Exploris Hotels or otherwise the damage as compensated by any other third party to Exploris Hotels.
9.4 Exploris Hotels is totally safeguarded by the Guest against any claim, or whatever it may be called, which a Guest and/or any other third party makes or may make effective vis-a-vis Exploris Hotels, against the claims, in the widest sense of the term, regarding the Hotel agreement concluded with the Guest or with regard to any other agreement. This indemnification obligation with regard to the Hotel agreement also applies in case the latter was completely or partially rescinded, for whatever reason.
Article 10: Force majeure
10.1 Intended by force majeure is, amongst other things: illness amongst staff which renders reasonably impossible operations, war, the threat of war, upheavals, riots, strikes or company occupations, water damage, acts of war, terrorism, fire, flooding, government measures.
10.2 In case of force majeure, Exploris Hotels can either cancel the agreement or suspend it. In that case, there is no obligation on the part of Exploris Hotels to compensate any damage.
10.3 The preceding provision is also applicable in case the force majeure occurs to persons and/or services and/or institutions of which Exploris Hotels makes use for the implementation of the Hotel agreement or any other agreement. This also includes what may occur to aforementioned persons and/or services and/or institutions as a suspensory or cancellation clause or in the event of the malpractice of aforementioned persons and/or services and/or institutions. Exploris Hotels is not obligated to prove the impact of such on its business.
10.4 Article 9 is only applicable in case the guest is a (legal) person acting from the exercise of his profession or business. In the event of a consumer-guest, force majeure only applies to the extent this is legally possible.
Article 11. Applicable Law and Disputes
11.1 To all agreement, whatever they are called, Netherlands legislation is applicable.
11.2 Without prejudice to the provisions below and unless mandatory legal provisions oppose this (such as in the event of consumer disputes), all disputes which may occur as a result of an agreement to which these General Conditions are completely or partially applicable, will be settled by the court of law in Utrecht, unless Exploris Hotels has a preference for the domicile of the guest.
11.3 In case of a dispute which, according to the rules of Netherlands procedural law, falls under the absolute competence of the district court of law, ‘sector kanton’, this dispute will exclusively be settled by the competent district court, sector kanton.
11.4 Any possible invalidity of one or more provisions in the conditions will leave unaffected the validity of the other provisions. In case a provision, for whatever reason, turns out to be invalid, Exploris Hotels and the guest are considered to have agreed on a valid provision which approaches the invalid provision, with regard to substance and scope, as closely as possible.