Terms & Conditions
GENERAL TERMS AND CONDITIONS OF THE HOTEL/HOSTEL ACCOMMODATION CONTRACT OF THE ALL DAYS HOSTEL- TORONTO, CANADA
I. SCOPE
1. These
General
Terms
and
Conditions
apply
for the
Hotel/Hostel
Accommodation
Contract
as well
as all
other
services
and
supplies
rendered
to the
Guests
by the
All Days
HOSTEL
the
following
trade
name:
All Days Hostel
5 Selby St, Toronto
Ontario, Canada M4Y1W3
2. Deviating terms, also to the extent included in the General Terms and Conditions of the Guest or the Ordering Party, shall not apply unless expressly approved by the Hotel in writing.
II.
CONCLUSION
OF THE
CONTRACT
1. Upon
the
Guest‘s
request
for
reservation,
a hotel
accommodation
contract
is
brought
about by
the
Hotel‘s
corresponding
confirmation
of the
reservation
(hereinafter
referred
to as
„Contract“).
2.
Contractual
partners
are the
Hotel
and the
Guest.
If a
third
party
has made
the
reservation
on
behalf
of the
Guest,
this
party
shall be
liable
vis-à-vis
the
Hotel
jointly
and
severally
with the
Guest
for all
obligations
resulting
from the
Contract
if the
Hotel is
in
possession
of a
corresponding
declaration
given by
the
Ordering
Party.
Independent
therefrom,
any
Ordering
Party is
obliged
to pass
on all
booking
related
information
to the
Guest,
in
particular
the
present
General
Terms
and
Conditions.
3. Sub-
and
re-leasing
of rooms
as well
as their
usage
for
purposes
other
than
accommodation
require
the
prior
written
consent
of the
Hotel.
4.
Bookings
can only
be done
by
contractually
capable
people.
III.
SERVICES,
PRICES,
PAYMENT
1. The
Hotel is
obliged
to have
the
booked
rooms
available
according
to the
present
General
Terms
and to
fulfil
the
services
agreed.
2. The
Hotel is
by
virtue
of
important
reasons
fully
entitled
to
accommodate
the
Guest in
another
hotel or
guest
house
with
comparable
standard
and
service
for the
price
agreed
without
recourse.
3. The
Guest is
obliged
to pay
the
prices
applying
to or
agreed
on for
the
provision
of
accommodation
and
additional
services
he / she
has made
use of /
booked.
This
also
applies
to
services
and
expenses
of the
Hotel
vis-à-vis
third
parties
incurred
for
performances
rendered
upon the
Guest’s
request.
4. The
prices
agreed
include
the
applicable
statutory
Value
Added
Tax. In
case the
period
between
the
conclusion
and
performance
of the
Contract
exceeds
four
months,
and if
the
prices
usually
charged
by the
Hotel
for such
services
have
increased
in the
meantime,
the
Hotel
may
increase
the
contractually
agreed
price
accordingly,
but, by
no more
than 10
per cent
maximum.
5. The
prices
may be
also
changed
by the
Hotel if
the
Guest
subsequently
wants to
change
the
number
of the
booked
rooms,
the
service
of the
Hotel or
the
duration
of the
Guests’
stay and
the
Hotel
gives
its
consent
thereto.
6. Upon
receipt,
invoices
issued
by the
Hotel
shall
become
payable
immediately
without
deduction.
The
Guest
shall be
in
default
at the
latest
upon
failure
to pay
within 7
days
after
the due
date and
receipt
of an
invoice.
This
shall
apply
vis-à-vis
a Guest
who is
consumer
only if
these
consequences
were
specified
in the
invoice.
In the
case of
default
of
payment,
the
Hotel is
entitled
to
charge
consumers
interests
in the
amount
of 5 per
cent
above
the base
rate.
For
business
transactions,
the
default
interest
rate is
8 per
cent
above
the base
rate.
The
right
for the
Hotel to
prove a
higher
damage
is
reserved.
For each
reminder
sent
after
default
occurs,
the
Hotel
may
charge a
reminder
fee of
CAD
$5.00
7. The
Hotel is
entitled
to
request,
on the
conclusion
of the
Contract
or
later, a
reasonable
advance
payment
or
security.
The
amount
of the
advance
payment
and its
due date
may be
agreed
in the
Contract
in
writing.
Moreover,
the
Hotel is
entitled
to call
and
declare
as due
claims
accruing
during
the
Guest’s
stay by
issuing
an
interim
invoice
and
requesting
immediate
payment.
8. For
groups
of 10 or
more, a
deposit
in the
amount
of 100
per cent
of the
total
booking
price is
due four
weeks
after
receipt
of
booking
confirmation
unless
otherwise
arranged
beforehand.
This
does not
apply
for
group
bookings
made on
short
notice
within
eight
weeks of
arrival;
in such
cases,
the bill
must be
paid in
full
immediately
upon
receipt
of
booking
confirmation.
9. The
total
amount
(less
the
deposit),
as
detailed
in an
itemised
bill, is
due upon
arrival
unless
otherwise
arranged
beforehand.
10. The
Guest
shall be
entitled
to a
set-off
or a
reduction
as
against
a claim
of the
Hotel
with
only
undisputed
or
unappealable
legally
binding
claims.
IV.
REVOCATION
BY THE
GUEST
(CANCELLATION,
FAILURE
TO TAKE
ADVANTAGE
OF
SERVICES
BOOKED)
1. The
Hotel
grants
to the
Guest
the
right to
revoke
the
Contract
at any
time. In
this
respect,
the
following
provisions
shall
apply:
1.1.
Individual
bookings
for up
to 10
persons:
can be
cancelled
free of
charge
until 24
hours
before
the day
of
arrival.
In case
of a
shorttermed
cancellation
on the
day of
arrival
or in
case of
no show,
the
Hotel is
entitled
to
reasonable
compensation.
The lump
sum to
be paid
in cases
of
revocation
is 100
per cent
of the
contractually
agreed
price
for the
first
overnight
accommodation.
1.2.
Bookings
for
groups
of 10 or
more:
cancellations
made by
the
guest
respectively
on the
part of
the
intermediary
person
or
organisation
are free
of
charge
up to 30
days
before
expected
arrival.
For
cancellations
made
within
30 days
prior to
arrival,
the
following
cancellation
fees
apply;
these
fees
also
apply
for
bookings
made
within
30 days
of
expected
arrival:
a) For
cancellations
made 29
to 20
days
before
expected
arrival,
30 per
cent of
the
agreed-upon
total
price
will be
due.
b) For
cancellations
made 19
to 10
days
before
expected
arrival,
50 per
cent of
the
agreed-upon
total
price
will be
due.
c) For
cancellations
made 9
to 1
day(s)
before
expected
arrival,
90 per
cent of
the
agreed-upon
total
price
will be
due.
d)
Guests
who
either
cancel
on the
day of
their
expected
arrival
or
simply
do not
show up
will be
charged
the
agreed-upon
total
price in
full.
Above
cancellation
conditions
also
apply if
the
number
of
persons
is
reduced
at least
10 per
cent
within
this
period
of time.
A
reduction
of less
than 10
per cent
is free
of
charge
until 1
day
prior to
arrival.
1.3.
Booked
meals
can be
cancelled
free of
charge
until 8
days
prior to
arrival.
Thereafter,
a
cancellation
fee of
100 per
cent of
the
agreed-upon
total
price
applies.
2. The
Guest is
free to
prove
that the
Hotel
did not
suffer
any
damage,
or that
the
damage
incurred
to the
Hotel
amounts
to less
than the
lump-sum
revocation
compensation
claimed.
3. The
above
provisions
on the
compensation
shall
apply if
no other
regulations
have
been
declared
in the
Contract.
4. If a
customer
wishes
to
cancel a
contract
he or
she
entered
into
with All
Days
Hostel-
Toronto,
he or
she must
submit
such
cancellation
in
writing.
The
cancellation
is not,
however,
valid
without
the
written
affirmation
of All
Days
Hostel-
Toronto.
Failing
that,
the
original
price
stipulated
in the
contract
must be
paid in
full
even if
the
guest(s)
fail(s)
to take
advantage
of the
services
stipulated
in the
contract.
V.
REVOCATION
BY THE
HOTEL
1. In
case an
advance
payment
or
security
agreed
in
clause
III para.
6 is not
performed
within a
period
prescribed
for this
purpose,
the
Hotel is
also
entitled
to
revoke
the
Contract.
2.
Moreover,
the
Hotel
shall be
entitled
to
extraordinary
revocation
of the
Contract
for good
cause,
in
particular,
if
•
Force
majeure
or other
circumstances
which do
not fall
under
the
scope of
responsibility
of the
Hotel
make it
impossible
to
perform
the
Contract;
•
Misleading
or
incorrect
statements
of
material
facts
have
been
used in
booking
rooms,
for
example,
with
respect
to the
person
of the
Guest,
or the
purpose;
•
The
Hotel
has
justified
reason
to
assume
that in
case the
Guest
makes
use of
the
Hotel’s
services
the
smooth
business
operations,
safety,
or
reputation
of the
Hotel in
the
public
may be
impeded,
without
such
matters
being
attributable
to the
Hotel’s
power of
control
or
organisation;
• An
unauthorised
sub-lease
or
further
lease
according
to
clause
II para.
3
exists;
• Acase
of claue
VI para.
3
exists;
•
The
Hotel
has
gained
knowledge
that the
financial
situation
of the
Guest
has
considerably
worsened
after
conclusion
of
contract,
in
particular
if the
Guest
does not
pay for
due
claims
of the
Hotel or
does not
provide
sufficient
security
and as a
result
payment
claims
of the
Hotel
appear
to be
endangered;
•
The
Guest
has
filed an
application
for the
opening
of
insolvency
proceedings,
made an
affidavit
according
Canadian
Code of
Civil
Procedure,
initiated
extra-judicial
proceedings
for the
settlement
of debts
or
suspended
its
payments;
•
Insolvency
proceedings
are
opened
on the
assets
of the
Guest or
the
opening
of the
same is
rejected
for lack
of
assets
or any
other
reasons.
3. The
Hotel is
obliged
to
inform
the
Guest of
the
exercising
of the
revocation
right in
writing
without
delay.
4. In
the
above
cases of
revocation
the
Guest is
not
entitled
to
compensation
for
damage.
VI.
ARRIVAL
AND
DEPARTURE
1. The
Guest is
not
entitled
to the
provision
of
certain
specific
rooms
unless
the
Hotel
has
confirmed
the
provision
of
certain
rooms in
writing.
For
groups
of 10 or
more,
the
hotel
retains
the
right to
determine
the type
of
accommodation
provided
(i.e. to
determine
the
allocation
of
singles,
doubles
and
multibed
rooms).
The
hotel
will,
however,
take
guest
requests
into
consideration
and do
its best
to grant
them
when
possible.
The
exact
apportionment
of rooms
will be
provided
in the
booking
confirmation.
2.
Booked
rooms
shall be
at the
Guest’s
disposal
from
2:00
p.m. on
the
agreed
date of
arrival.
The
Guest
shall
not be
entitled
to an
earlier
provision.
3.
Booked
rooms
shall be
taken by
the
Guest on
the
agreed
date of
arrival
by 6.00
p.m. at
the
latest.
Unless a
later
time of
arrival
has been
guaranteed
by
credit
card or
prepayment,
the
Hotel
has the
right to
place
the
booked
rooms
with
other
guests
after
6.00
p.m.,
without
the
contractual
party
being
able to
claim
any
compensation
as a
result
thereof.
In so
far, the
Hotel is
entitled
to
revocation.
4. On
the
agreed
date of
departure,
the
rooms
shall be
vacated
and at
the
Hotel’s
free
disposal
by 10.00
a.m. at
the
latest.
Thereafter,
the
Hotel
may
charge,
beyond
the
damage
incurred
to it
thereby,
70 per
cent of
the
daily
room
rate for
the
additional
use of
the room
until
6.00
p.m.,
and from
6.00
p.m. 100
per cent
of the
full
applicable
price
for
lodging.
The
Guest is
free to
prove
vis-à-vis
the
Hotel
that no
damage
or a
considerably
lower
damage
has been
incurred
to the
Hotel.
5. For
groups
of 10 or
more,
the
hotel
must be
provided
with a
list of
the full
names
and
dates of
birth of
all
group
members
no later
than
upon
arrival.
6. If
the
actual
number
of
guests
exceeds
the
number
booked
and
expected,
accommodation
is not
guaranteed
for
these
additional
group
members.
VII.
OTHER
REGULATIONS
AND
TERMS
1.
Adherence
to the
most
up-to-date
version
of the
House
Rules is
stipulated
in this
contract.
These
can be
downloaded
from the
All Days
Hostel
Website
or
requested
at hotel
reception.
Groups
of 10 or
more
must
read and
sign a
copy of
these
House
Rules at
the
latest
upon
arrival.
2.
People
under
the age
of 18
are not
allowed
to sleep
in the
bedded
dormitories.
In all
other
room
categories
they
have to
be
accompanied
by a
full
aged
person
or show
a letter
of
agreement
of a
legal
guardian.
3. Only
guests
staying
in
private
rooms
may
bring
animals
and
large
medical
devices
with
them.
4. When
both
accommodation
and
breakfast
have
been
booked,
breakfast
will be
served
on the
morning
following
each
overnight
stay.
When
room and
half- or
full-board
have
been
booked,
the
first
meal
served
will be
dinner
on the
day of
arrival,
unless
otherwise
arranged
beforehand.
When
half-board
has been
booked,
the last
meal
will be
breakfast
on the
day of
departure;
when
full-board
has been
booked,
the last
meal
will be
lunch
(in-house
or
packed)
on the
day of
departure.
When
either
half- or
fullboard
have
been
booked,
meal
times
will be
discussed
and
determined
upon
arrival
at the
latest.
VIII.
LIABILITY
OF THE
HOTEL,
LIMITATION
1. The
guest is
liable
for all
inventory
losses
and
damages
caused
by
misuse,
carelessness
or
negligence.
Should
the
guilty
individual
not come
forward
or be
discovered,
the
group as
a whole
will be
held
liable.
Upon the
arrival
of a
group,
the
hotel
retains
the
right to
collect
a
security
deposit
in the
amount
of
$20.00
per
person,
though
not
exceeding
a total
of
$500.00
for the
group.
Upon
departure,
this
deposit
will be
reimbursed
in full
so long
as no
damage
to hotel
property
has been
caused
by the
group.
2. If
any
interference
with the
performance
of any
obligation
or if
defects
in the
services
of the
Hotel
occur,
the
Hotel
will, on
immediate
complaint
of the
customer,
endeavour
to
remedy
the
same. If
the
Guest
fails
culpably
to
notify a
defect
to the
Hotel,
this
shall
not
result
in a
right to
reduce
the
contractually
agreed
remuneration.
3. The
Hotel is
liable
for all
damage
arising
from the
injury
to life
and limb
according
to the
statutory
provisions.
4. The
Hotel
shall be
liable
for any
other
damage
caused
by
slight
negligence
only if
such
damage
results
from the
violation
of a
material
contractual
obligation
or a
cardinal
duty in
a way
that
endangers
the
purpose
of the
Contract.
In these
cases
liability
shall be
limited
to the
damage
typically
foreseeable
for such
type of
contract.
5. For
any
other
damage
the
Hotel’s
liability
shall
moreover
be
limited
to a
maximum
amount
of
maximum
$2000.00
in case
of
damage
to
property
and to a
maximum
amount
of
$3000.00
in the
case of
mere
pecuniary
loss, in
each
individual
case of
damage
and in
all
cases of
damage
resulting
from or
in
connection
with the
contractual
performance.
Such
limitation
and
exclusion
of
liability
shall
not
apply if
the
Hotel’s
legal
representatives
or
executives
are
responsible
for
wilful
intent
or gross
negligence.
6. The
foregoing
limitations
of
liability
shall
apply
for any
claims
for
damages,
irrespective
of their
legal
basis
including
claims
arising
from
tort.
Aforementioned
limitations
of
liability
shall
also
apply in
cases of
any
claims
for
damages
of a
Guest
against
employees
or
vicarious
agents
of the
Hotel.
They do
not
apply in
the
cases of
liability
for a
defect
after a
guarantee
for the
quality
of an
object
or a
work was
given,
or in
cases of
fraudulently
concealed
defects
or
injury
to
persons.
7. The
Hotel
treats
with
care
messages,
mail and
consignment
of goods
for the
Guests.
The
Hotel
shall
ensure
delivery,
storage
and,
upon
request
and
against
payment
forwarding
of the
same as
well as
of found
items
upon
inquiry.
Claims
for
damages
are
excluded,
except
in cases
of gross
negligence
or
wilful
intent.
The
Hotel is
entitled
to hand
over the
aforementioned
objects
to the
local
lost
property
office
after a
storage
period
of one
month at
the
latest
and
charging
a
reasonable
fee.
10. The
Guest’s
claims
for
damages
shall
fall
under
the
statute
of
limitations
two
years at
the
latest
from the
time the
Guest
obtains
knowledge
of the
damage,
or,
irrespective
of this
knowledge,
three
years at
the
latest
after
the
damaging
event.
This
shall
not
apply to
the
liability
for
damages
arising
from the
injury
to life
or limb
as well
as for
any
other
damage
based on
a breach
of duty
thorough
wilful
intent
or gross
negligence
on the
part of
the
Hotel, a
legal
representative
or a
vicarious
agent of
the
Hotel.
IX.
FINAL
PROVISIONS
1.
Changes
or
amendments
to the
Contract,
in the
acceptance
of the
offer or
to these
General
Terms
and
Conditions
for the
Hotel
Accommodation
Contract
shall be
made in
writing.
Unilateral
changes
or
modifications
on the
part of
the
customer
shall be
invalid.
2. Place
of
performance
and
payment
shall be
the
registered
office
of the
Hotel.
3.
Should
individual
provisions
of these
General
Terms
and
Conditions
for the
Hotel
Accommodation
Contract
be or
become
invalid
or void,
the
validity
of the
remaining
provisions
shall
not be
affected
thereby.
Moreover
the
statutory
provisions
shall
apply.