terms and conditions – PELI KASTRI

1. Scope of application
1.1. These General Terms and Conditions (hereinafter referred to as ‘GTC’) apply to all deliveries and services provided by IKE Athina, based in Kastri, Greece, registered under AFM 801407844, (hereinafter referred to as ‘Peli’) provides to the guest and his/her respective companions who make use of Peli’s deliveries and services (hereinafter collectively referred to as “guest”), an organiser or other contractual partners who conclude an accommodation contract for a guest (hereinafter referred to as ‘contractual partner’) from or in connection with an accommodation contract. The guest is usually also the contractual partner. The deliveries and services consist in particular of the provision of rooms and other premises for use in return for payment, e.g. for seminars, conferences, presentations and other events, as well as all other related deliveries and services provided by Peli on the basis of the accommodation contract concluded between Peli and the contractual partner (hereinafter referred to as the ‘accommodation contract’ in relation to all of the above deliveries and services). Peli is entitled to have its deliveries and services performed by third parties.

1.2. These General Terms and Conditions refer to the accommodation contract concluded with Peli. The contractual partner’s General Terms and Conditions shall not apply, even if Peli does not expressly object to them. Any counter-confirmations by the contractual partner with reference to its General Terms and Conditions are hereby rejected.

2. Conclusion of contract and deposit
2.1. The offers made by Peli on its website pelikastri.com are non-binding.

2.2. Bookings made by the contractual partner and verbal agreements shall only be deemed accepted or binding once they have been confirmed in writing by Peli through authorised representatives or expressly agreed upon. Correspondence of any kind that merely confirms receipt of a booking (such as, but not limited to, automatically generated electronic confirmations of receipt sent by e-mail for bookings made via the booking platform) shall not be deemed to constitute acceptance of the actual booking. Silence on the part of Peli shall not be deemed consent. If Peli’s booking confirmation contains changes to the booking, these changes shall be deemed to have been approved by the contractual partner if they are not objected to within 24 hours. Peli accepts no responsibility or obligation to check for any errors in the booking process unless the contractual partner promptly corrects them, at the latest within 2 hours of receiving the booking confirmation.

2.3. If the customer concludes the contract on behalf of a third party, it is not the customer but the third party who becomes Peli’s contractual partner. The customer must inform Peli of this in good time and before concluding the contract, send or hand over his written authorisation for the specific conclusion of the contract and provide Peli with the name and address of the actual contractual partner. In any case of missing or insufficient authorisation by the (intended) contractual partner, the customer shall be deemed to be the contractual partner and shall be liable for the interest in performance, regardless of the degree of his own fault.

2.4. Upon conclusion of the contract, Peli is entitled to demand a reasonable advance payment or security deposit (e.g. in the form of a credit card guarantee or down payment) of up to 100% of the agreed contract sum plus any applicable tax from the contracting party. In this case, the booking shall only be deemed to have been made upon receipt of the required security deposit/down payment by Peli from the contracting party, whereby the accommodation contract shall only come into effect upon renewed acceptance of the booking by Peli.

2.5. In any case, for bookings of the following sizes, the contracting party is obliged to pay a deposit of 90% of the agreed contract sum plus any value added tax on the following dates as follows:

– for 2 rooms or more, no later than 30 calendar days (received) before the start of the first calendar day of accommodation at Peli Kastri Guesthouse (hereinafter referred to as the ‘arrival date’);
– for 4 or more rooms, no later than 60 calendar days (received) before the start of the arrival day;
– for 6 or more rooms, no later than 90 calendar days (received) before the start of the arrival day.

The provisions in section 2.4 of these General Terms and Conditions apply mutatis mutandis. The deposit shall be credited against the agreed contract sum plus any value added tax.

2.6. If the contractual partner defaults on the payment of the deposit, Peli shall be entitled, notwithstanding the provisions of Section 2.4 of these General Terms and Conditions, to terminate the respective accommodation contract after a further written request (by email is sufficient) and a grace period of 2 banking days for an important reason for which the contractual partner is responsible. Such termination shall be deemed a cancellation by the contractual partner, entitling Peli to charge the (no-fault) cancellation fees specified below. Further claims for damages by Peli shall remain unaffected.

3. Contract amount/prices and payment terms
3.1. The agreed contract amount plus any taxes shall be determined in accordance with the price list valid at the time of conclusion of the contract or the agreement between the contracting parties and Peli. All prices are exclusive of statutory value added tax, local taxes and the lowest applicable unit (persons, days, etc.). In the event of a change in statutory value added tax or the introduction, change or abolition of local taxes on the agreed subject matter of the deliveries after conclusion of the contract, the agreed contract amount plus any value added tax shall be adjusted accordingly; in the case of contracts with consumers, however, this shall only apply if the period between conclusion of the contract and performance of the contract/accommodation exceeds 3 calendar months.

3.2. The agreed contract amount plus any taxes for the confirmed booking is binding, subject to the provisions in sections 3.1 and 3.3 of these General Terms and Conditions. Any special prices or conditions that are temporarily advertised as promotions do not apply to an accommodation contract that has already been concluded, even if these special prices or conditions relate to the time of accommodation.

3.3. If the period between booking and the arrival date exceeds three calendar months, Peli is entitled to increase the agreed contract amount plus any value added tax accordingly. In this case, the agreed contract amount will change in the same proportion as the consumer price index changes. The basis for the value adjustment is the index figure published for the month in which the contract was concluded (= 100), and the comparison index is the last published index before the start of the first calendar day of accommodation at Peli Guesthouse and Peli Kastri Areal.  

3.4. Peli shall inform the contractual partner in writing (by email is sufficient) of the desired price increase in accordance with the above provisions. The contractual partner has the right to withdraw from the respective accommodation contract in writing (by email is sufficient) within 3 calendar days of receiving written notification if they do not accept the increased contract amount plus any value added tax in accordance with the above provisions. Peli may also unilaterally avert such a withdrawal by the contractual partner if Peli waives the increase in the contract amount resulting from the above provisions plus any value added tax in writing (by email is sufficient) to the contractual partner within 3 calendar days of receipt of the notice of termination by the contractual partner.

3.5. The agreed contract amount plus any value added tax may be further amended by Peli if the contractual partner makes changes to the booking, in particular with regard to the number of guests and the rental period.

3.6. Peli’s payment claim is due immediately upon receipt of the respective invoice without deduction. Peli shall be entitled to invoice or issue interim invoices for the deliveries and services provided at any time. An invoice shall be deemed to have been received by the invoice recipient no later than 3 days after dispatch, unless earlier receipt can be proven. In the event of late payment, interest on arrears at a rate of 9% above the base rate per annum shall be deemed agreed for entrepreneurs as contractual partners. This also applies to Peli’s costs and expenses incurred in connection with the booked deliveries and services vis-à-vis third parties, insofar as these costs and expenses are specified in the accommodation contract or have been approved by the contractual partner or are usually associated with the agreed deliveries and services.

3.7. The contractual partner undertakes to bear all reasonable and appropriate costs and expenses associated with the collection of Peli’s claims, such as, in particular, standard collection costs or reminder fees, such as, in particular, reminder letters from lawyers. In the event of reminders, Peli reserves the right to charge a flat fee of €15 plus VAT for each reminder letter sent.

3.8. The creation of a total invoice does not release the customer from the obligation to pay individual invoices on time. A delay in payment of even a single invoice entitles Peli to withhold all further and future services and to make the performance of services dependent on the provision of security or a down payment of up to 100% of the outstanding payment.

3.9. Payments, security deposits and advance payments are due without deduction, unless otherwise agreed. Costs of monetary transactions (e.g. transfer fees) shall in all cases be borne by the contracting party. For credit and debit cards, the respective terms and conditions of the card companies apply. Peli is entitled to reject foreign currency, cheques and credit cards. Vouchers from tour operators and seminar providers are only accepted if an agreement exists with the company in question or if corresponding advance payments have been made. Refunds for unused deliveries and services are excluded.

3.10. If the contracting party uses a credit card for payment, even without physically presenting it (e.g. by telephone, internet, etc.), the contracting party is not entitled to revoke this charge vis-à-vis Peli in relation to their credit card institution.

3.11. If the contractual partner refuses to pay the agreed contract sum plus any value added tax, or is in default of payment, Peli shall be entitled to the statutory right of retention and the statutory lien on the items brought in by the contractual partner, whereby it shall be deemed agreed that all items brought into the rooms rented by the contractual partner are their unencumbered property. Peli is also entitled to this right of retention or lien to secure its other claims arising from the accommodation contract, in particular for meals, other expenses incurred on behalf of the contracting party, and for any claims for compensation of any kind.

3.12. The contractual partner may only offset a claim by Peli if their claim is undisputed or has been legally established by a court of law. This applies mutatis mutandis to the exercise of a right of retention due to the contractual partner’s own claims. Such claims may only be assigned with the written consent of Peli.

3.13. Unless otherwise agreed in writing, the contracting party is obliged to pay the agreed contract amount plus any additional amounts incurred as a result of separate services used by the contracting party and/or guests attributable to them, plus any value added tax and other charges, no later than on the day of departure. Unless otherwise expressly agreed in writing (by email is sufficient), the contracting party and each of the guests attributable to it (if of legal age) shall be jointly and severally liable for such additional amounts.

3.14. Peli only accepts Euro.

3.15. Peli shall be entitled to invoice or issue interim invoices for its deliveries and services at any time.

4. Use and handover of the premises, departure
4.1. Rooms and/or other premises are provided exclusively for accommodation purposes or for the agreed event purposes, unless Peli has expressly approved an alternative use of the premises in writing in individual cases. By concluding the accommodation contract, the contracting party acquires the right to the normal use of the booked rooms and/or other premises as well as the other facilities of Peli/Peli Kastri, insofar as the latter are open to all guests for use.

4.2. The transfer or subletting of the premises provided to third parties, as well as the use of the premises provided by third parties free of charge, is not permitted without the express prior written consent of Peli. The contractual partner must adapt their behaviour on the premises, including the guest house, terrace, platform, etc., to Peli’s posted house and guest guidelines (hereinafter referred to as the ‘booklet’) and must also ensure and be liable for ensuring that guests attributable to them do the same.

4.3. Booked rooms are available to the contracting party and guests attributable to them from 3 p.m. on the day of arrival, unless earlier use free of charge has been expressly approved in advance by Peli in writing (by email is sufficient). If rooms are used for the first time before 3 p.m. without such approval for earlier use free of charge by Peli, the previous day counts as the day of arrival. In this case, Peli has the right to charge for the previous night at the current room rate according to Peli’s price list valid during this period.

4.4. Unless otherwise agreed, Peli shall be entitled to allocate booked rooms to other guests on the day of arrival without the contractual partner and/or guests attributable to him being able to derive any rights or claims from this, provided that the contractual partner or guests attributable to him have not taken possession of the booked rooms by this time. In this case, there shall be no obligation to provide accommodation. If the contracting party has provided a security deposit and the rooms have been booked for more than one night, the rooms shall remain reserved until 1 p.m. on the calendar day following the day of arrival, regardless of the time of arrival; after that, there shall again be no obligation to provide accommodation.

4.5. The booked rooms must be vacated by 11:00 a.m. on the last calendar day of accommodation at Peli Guesthouse (hereinafter referred to as the ‘departure day’). If this is not the case for reasons attributable to the contracting party and/or guests attributable to them, Peli is entitled to charge for an additional full calendar day at the current Peli price list valid during this period. Further claims for damages by Peli remain unaffected.

4.6. If the contracting party gives timely notice of its wish to extend the stay or other deliveries and services provided by Peli, the latter may accept the offer to extend the stay and the associated amendment to the accommodation contract at its own discretion. Peli is under no obligation to do so, meaning that the contractual partner has no right to extend their stay and/or amend the accommodation contract. Peli is entitled to adjust the agreed contract sum plus any taxes for such extensions, regardless of the contractual partner’s previous conditions.

5. Withdrawal and reduction of the scope of the contract – cancellation fee

5.1. In the event of cancellation of the accommodation contract or reduction of the scope of the contract (which must be made in writing, by email being sufficient) after conclusion of the accommodation contract, the contractual partner is obliged to pay the cancellation fees specified below, except in cases of force majeure and if Peli is culpably responsible. A complete or partial cancellation of the accommodation contract or reduction of the scope of the contract for bookings by the contractual partner after conclusion of the accommodation contract up to 6 months before the date of arrival is possible free of charge; however, any advance payments made before this date shall remain with Peli and shall in this case be considered as applicable cancellation fees in the same amount. Cancelled rooms and other deliveries and services may be assigned by Peli to third parties without the resulting benefit for Peli affecting the amount of the cancellation fee.

– Bookings of 1-3 rooms:

The booking conditions (whether advance booking, non-refundable online bookings, reservations, etc.) as stated in the booking confirmation apply here.

– Bookings of 4 to 8 rooms and/or bookings of other premises:

80% of the agreed contract sum affected by the cancellation of the accommodation contract or reduction in the scope of the contract, plus any value added tax, if Peli receives notification of the cancellation of the accommodation contract or reduction in the scope of the contract later than 60 calendar days but earlier than 30 calendar days before the date of arrival;
90% of the agreed contract sum affected by the cancellation of the accommodation contract or reduction in the scope of the contract, plus any taxes and expenses, as well as various additional bookings, third-party services, etc. if the cancellation of the accommodation contract or reduction in the scope of the contract is received by Peli later than 14 calendar days before the date of arrival.
Cancellation or reduction of the scope of the contract later than 14 calendar days before the date of arrival is not permitted; in this case, the cancellation fee is 100% of the agreed contract sum affected by the cancellation of the accommodation contract or reduction of the scope of the contract, plus any taxes, expenses, as well as various additional bookings, third-party services, etc.  

5.2. Peli reserves the right to assert further claims for damages. If partial payments/advance payments have already been received, these will be retained and offset against the cancellation fee.

5.3. Depending on the season (e.g. seminars, event days, etc.), separate cancellation conditions may apply in accordance with the conditions announced by Peli at the time of booking.

5.4. In addition, for the cases described above involving (partial) cancellation of the accommodation contract or reduction of the scope of the contract, it is agreed that Peli is entitled to charge the following expenses in addition to the cancellation fees specified in section 5.1 of these General Terms and Conditions:

all third-party costs incurred by Peli in connection with the contract and assumed by Peli (in anticipation of the implementation of the contractually agreed deliveries and services) and which are non-refundable;
all expenses paid by Peli in connection with the accommodation contract;
all reasonable advance payments made by Peli to third-party providers in connection with the accommodation contract, insofar as these cannot be reclaimed; and
all cancellation fees charged by third-party providers in respect of Peli’s contractual obligations to such third parties in connection with the contract.
The above expenses shall be offset against proof of payment, as far as possible.

5.5. Any cancellation of the accommodation contract or reduction in the scope of the contract must be notified in writing (by email is sufficient). Peli will confirm receipt in writing.

5.6. In all cases of no-show or failure to arrive, the cancellation fee shall amount to 100% of the agreed contract sum plus any taxes and duties. 

6. Withdrawal by Peli
6.1. If the accommodation contract provides for a down payment or deposit and this down payment has not been made by the contractual partner or has not been made on time, Peli may withdraw from the accommodation contract by setting a written grace period (by email is sufficient) of no more than 3 calendar days.

6.2. Peli is entitled to withdraw from the accommodation contract or to terminate the accommodation contract for good cause after setting a written grace period (by email is sufficient) of no more than 3 calendar days. Good cause shall be deemed to exist in particular if:

the contractual partner fails to perform a due service;
the fulfilment of the accommodation contract is impossible due to force majeure (including storms, storm warnings, pandemics and official orders as a result of such pandemics, including COVID-19), strikes or other circumstances beyond Peli’s control;
the contractual partner provides misleading or false information about themselves and/or guests attributable to them;
the purpose or reason for the stay is unlawful;
the contractual partner uses the name of Peli in advertising measures without prior written consent;
the contractual partner sublets the premises covered by the contract, in whole or in part, without the written consent of Peli, or otherwise allows a third party to use them;
the contractual partner or a person attributable to him makes significantly detrimental use of the rented premises or, through inconsiderate, offensive or otherwise grossly inappropriate behaviour towards Peli or its employees or guests or third parties present on Peli’s premises, spoils their stay there or commits a punishable offence against the property, morality or physical integrity, whereby attempt and reasonable suspicion shall suffice;
the contractual partner or a person attributable to him/her is affected by a contagious disease or a disease that extends beyond the agreed period of accommodation, or otherwise requires care; or
the use of the booked deliveries and services, at Peli’s sole discretion, is or may be likely to jeopardise Peli’s security or public reputation.
6.3. Peli’s claims for compensation for damages incurred as a result of the cancellation/termination of the contract remain unaffected.

7. Provision of alternative accommodation
7.1. The contractual partner and guests attributable to them are not entitled to use specific premises belonging to Peli. If the contractual partner is not a consumer, Peli may provide the contractual partner with adequate replacement accommodation of at least the same or a higher standard, provided this is objectively justified and not entirely unreasonable for the guests attributable to the contractual partner.

7.2. An objective justification exists, for example, if the reserved rooms have become unusable, if there is an overbooking for which Peli is not grossly at fault, or if other important operational measures make this step absolutely necessary.

7.3. Peli shall inform the contracting party immediately in writing (by email is sufficient) no later than 7 calendar days before the date of arrival about any necessary accommodation in substitute accommodation and shall provide the necessary transport from Peli to the substitute accommodation and back free of charge. In addition, the contracting party and guests attributable to the contracting party shall be entitled to further compensation for additional expenses, insofar as these were causally caused by the accommodation in the aforementioned alternative accommodation.

7.4. If the contracting party rejects the alternative accommodation within 5 calendar days of notification by Peli in writing (again, by email is sufficient), the accommodation contract shall be deemed to have been cancelled and all payments made by the contractual partner in connection with the cancelled accommodation contract shall be refunded by Peli within 14 working days of cancellation. Otherwise, the replacement accommodation offered shall be deemed to have been accepted by the contractual partner. Peli may also unilaterally avert such a withdrawal by the contractual partner if Peli waives the relocation to replacement accommodation resulting from the above provisions within 24 hours of receiving the rejection thereof from the contractual partner in writing (by email is sufficient) to the contractual partner.

8. Rights of Peli
8.1. Peli may charge for the cleaning of furnishings or other parts of the premises that are soiled beyond normal use in a room or other premises, or for the corresponding costs of repairing or, if necessary, replacing them (at replacement value). The contracting party and the guests attributable to them (if of legal age) are jointly and severally liable (solidary liability).

8.2. Peli may ban the contractual partner and/or guests attributable to them from the premises for justified reasons.

9. Peli’s liability for damage to or loss of items brought onto the premises
9.1. Peli shall be liable for items brought onto the premises by the contracting party and/or guests attributable to them within the scope of the statutory provisions (and thus subject to the conditions specified therein). However, the claim for compensation shall lapse if the damage is not reported to Peli immediately upon discovery. Valuables, money or securities must be deposited free of charge in the room safes and the room must be locked. Peli is not liable for valuables, money and securities, or Peli may unilaterally refuse to store them, in particular if they are significantly more valuable than items usually entrusted to the care of the contracting party and/or guests.

9.2. Any items left behind by the Contractual Partner shall not be deemed to be stored by Peli or brought in by the Contractual Partner and shall only be forwarded upon request, at the risk and expense of the Contractual Partner. Peli shall store these items for a maximum of 3 months in return for reimbursement of costs or storage fees for third-party storage. After this period, any items of recognisable value shall be handed over to the local authorities.

9.3. Peli does not provide insurance cover for items brought in, or only to a limited extent in accordance with mandatory statutory provisions. The conclusion of any necessary insurance is the sole responsibility of the contractual partner.

10. Liability of the Contractual Partner and Peli (unless otherwise specified in Section 9 of these General Terms and Conditions above)
10.1. The contractual partner and the guests attributable to them (the latter insofar as they are of legal age) are jointly and severally liable to Peli for all damages caused by themselves (including guests who are not of legal age) or by third parties who are in turn attributable to the contractual partner and/or the guests attributable to them.

10.2. Peli’s liability to consumers for slight negligence is completely excluded, with the exception of personal injury. Liability to consumers for loss of profit or other financial losses (including as a result of personal injury) in the context of slight negligence is also excluded.

10.3. Peli shall be liable to entrepreneurs for all statutory and pre-contractual, primary and secondary contractual claims, with the exception of personal injury, only in cases of intentional or grossly negligent conduct. Liability for lost profits, indirect damages and consequential damages is excluded vis-à-vis entrepreneurs, except in cases of extreme gross negligence and intent. In cases of simple gross negligence, the amount of liability vis-à-vis entrepreneurs is limited to three times the value of the agreed contract sum, but in any case to the amount of Peli’s available liability insurance cover.

10.4. Disclaimers and limitations of liability apply equally in favour of all companies employed by Peli to fulfil its contractual obligations, their subcontractors and vicarious agents.

10.5. All claims of the contractual partner against Peli arising from or in connection with the respective contract shall become time-barred (i) 12 months after knowledge of the damage and the party responsible for the damage, and (ii) in any case after expiry of 12 months from the date of arrival, whichever is earlier (i) or (ii). The statutory provisions apply to consumers.

10.6. The parking spaces for motor vehicles provided by Peli on the Peli premises and the use of public parking spaces are at the contractual partner’s own risk or that of guests attributable to them; any liability on the part of Peli in this regard is excluded.

10.7. The above liability provisions apply mutatis mutandis to all services provided to the contracting party and/or guests attributable to them, whether free of charge or for a fee, of whatever nature.

11. Keeping animals
11.1. Animals may only be brought onto Peli’s premises with Peli’s prior written consent and, where applicable, for an additional fee.

11.2. The contracting party or guests attributable to him are obliged to keep or supervise any animals brought with them during their stay in a proper manner or to have them kept or supervised by suitable third parties at their own expense. Animals may not be left unattended outside the rooms. Dogs must wear a muzzle and be kept on a leash in all areas.

11.3. Der Vertragspartner bzw. die ihm zurechenbaren Gäste haben über eine entsprechende Tier-Haftpflichtversicherung bzw. eine Privat-Haftpflichtversicherung, die auch mögliche durch Tiere verursachte Schäden deckt, zu verfügen. Der Nachweis der entsprechenden Versicherung ist über Aufforderung an Peli zu erbringen. The contractual partner and guests attributable to them are jointly and severally liable to Peli for any damage caused by animals brought onto the premises. The damage also includes, in particular, all compensation payments that Peli has to make to third parties (including associated costs).

12. Extension of accommodation

If the contracting party is unable to leave the hotel on the agreed departure date due to unforeseeable exceptional circumstances and/or other reasons for which Peli is not responsible, the accommodation contract shall be automatically extended for the duration of the impossibility of departure, subject to availability. In this case, Peli shall be entitled to charge for the additional period (i) a fee corresponding to the contractual amount agreed for previous periods plus VAT, or (ii) the current accommodation price according to Peli’s prices valid during this period, whichever is higher between (i) and (ii).

13. Illness or death
13.1. If the contracting party and/or one or more guests attributable to him/her fall ill during their stay, Peli will, at the request of the contracting party and at his/her expense, arrange for medical care if possible. If there is imminent danger, Peli shall arrange for medical care even without a specific request from the contracting party, in particular if this is necessary and the contracting party is unable to do so themselves. As long as the contracting party is unable to make decisions or the contracting party’s relatives cannot be contacted, Peli shall arrange for medical treatment at the contracting party’s expense, if possible. However, the scope of these care measures ends at the point in time when the contractual partner is able to make decisions or the relatives have been notified of the illness.

13.2. Peli shall be entitled to claim compensation from the contracting party and guests attributable to him (insofar as they are of legal age), or in the event of death from the respective legal successor, in particular for the following costs: outstanding medical expenses, costs for patient transport, medication and medical aids, necessary room disinfection, unusable laundry, bed linen and bedding, or otherwise for the disinfection or thorough cleaning of all these items, restoration of walls, furnishings, textiles, etc., insofar as these have been contaminated or damaged in connection with the illness or death. Furthermore, the accommodation price according to the peli price list valid during this period shall be reimbursed for any days on which the booked premises cannot be used (e.g. due to disinfection). The contractual partner and the guests attributable to him (insofar as they are of legal age) shall again be jointly and severally liable.

14. Jurisdiction and Choice of Law

14.1. These Terms and Conditions as well as the accommodation contract are subject to Austrian law excluding conflict of laws provisions. Provisions of the UN Sales Law (CISG) do not apply and are considered excluded.

14.2. For all disputes arising from these General Terms and Conditions as well as the accommodation contract or general contract or which relate to their violation, termination or invalidity, the court in Vienna with jurisdiction over commercial matters has exclusive jurisdiction.

14.3. If the accommodation contract was concluded with a contractual partner who is a consumer and has their place of residence or habitual abode in Austria or is employed in Austria, legal proceedings against the consumer can only be brought before their general place of jurisdiction (the consumer’s place of residence, habitual abode or place of employment). In cross-border disputes between Member States that are party to the Brussels I Regulation, jurisdiction for consumers is governed by Articles 15 et seq. of the Brussels I Regulation. If the defendant consumer has neither a place of residence nor an establishment within the meaning of Article 15(2) of the Brussels I Regulation in a Member State, jurisdiction is determined according to national law in accordance with Article 4(1) of the Brussels I Regulation, subject to Articles 22 to 23 of the Brussels I Regulation.

14.4. Amendments and additions to these Terms and Conditions, as well as to the (accommodation) contract, may only be made in writing (email is sufficient, where legally permissible). Unilateral amendments or additions by the contractual partner are invalid in any case.

15. Protection of minors

15.1. Room reservations for young people under 16 years of age are only possible if accompanied by a parent or guardian.

15.2. Room reservations for young people between 16 and 19 years of age are only possible with written consent from the parent or guardian, including copies of ID cards and contact details of the parent or guardian.

16. Miscellaneous
16.1. Should individual provisions of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions, and the contracting parties undertake to replace the invalid provision with a valid provision that most closely approximates its (economic) meaning and purpose. In the event of any other gaps in the provisions, the relevant statutory provisions shall apply.

16.2. When calculating a period determined by calendar days, the calendar day on which the event or occurrence that determines the start of the period falls is not included in the calculation. Certain deadlines of weeks or months refer to the calendar day of the week or month which, by its name or number, corresponds to the calendar day from which the deadline is to be counted. If this calendar day is missing in the month, the last calendar day before it in that month shall apply.

PELI’S GENERAL TERMS AND CONDITIONS RELATING TO RETREATS, SEMINARS AND EVENTS (Version July 2023)

17. Scope
17.1. These General Terms and Conditions (hereinafter “GTC”) apply to all deliveries and services provided by IKE Athina with< wpml_nbsp > in Greece, Kastri, registered under AFM 801407844, (hereinafter “Peli”) to the respective contractual partner who uses Peli’s deliveries and services (hereinafter “Contractual Partner”). The deliveries and services consist, in particular, of the provision of Peli’s premises for a fee, e.g., for seminars, meetings, presentations, conferences, and other events, as well as all related other deliveries and services provided by Peli, such as the sale/provision of food and beverages, based on the event contract concluded between Peli and the contractual partner (hereinafter “Event Contract” with regard to all aforementioned deliveries and services). Peli is entitled to fulfill its deliveries and services through third parties.
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17.2. These Terms and Conditions apply to the event contract concluded with Peli. The contractual partner’s terms and conditions do not apply, even if Peli does not expressly object to them. Counter-confirmations by the contractual partner referring to their terms and conditions are hereby rejected.

18. Conclusion of Contract and Down Payment
18.1. Peli’s offers on its website (pelikastri.com) are non-binding.

18.2. Bookings made by the contractual partner and verbal agreements are only considered accepted or binding if they have been confirmed in writing by Peli through authorized representatives or expressly agreed upon via the booking platform according to the procedure specified therein. Correspondence of any kind that merely confirms receipt of a booking (such as, but not limited to, automatically generated electronic confirmations of receipt sent by email for bookings made via the booking platform) does not constitute acceptance of the actual booking. Silence on the part of Peli does not constitute consent. If Peli’s booking confirmation contains changes to the booking, these changes are deemed approved by the contractual partner if they do not object to them within 24 hours. Peli assumes no responsibility or obligation to verify any errors during the booking process unless they are corrected promptly by the contractual partner, but no later than two hours after receipt of the booking confirmation.
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18.3. If the customer concludes the contract on behalf of a third party, it is not the customer but the third party that becomes Peli’s contractual partner. The customer must specifically inform Peli of this in a timely manner and before the contract is concluded, send or hand over their written authorization for the specific contract conclusion, and inform Peli of the name and address of the actual contractual partner. In any case of missing or insufficient authorization by the (intended) contractual partner, the customer himself shall be considered the contractual partner and shall be liable for the interest in performance, regardless of the degree of his own fault.

18.4.

Peli is entitled, upon conclusion of the contract, to request an appropriate advance payment or security deposit (e.g., in the form of a credit card guarantee or a down payment) of up to 100% of the agreed contract amount, plus any applicable sales tax, from the contracting partner. The amount of the advance payment or security deposit and the payment dates will be determined by Peli. Unless otherwise agreed, the contracting partner is obligated to pay the security deposit no later than 90 calendar days (receipt) before the start of the first calendar day of the event (as defined below). In this case, the booking is only considered confirmed upon receipt of the required security deposit/down payment by Peli by the contracting partner. In this case, the event contract is only concluded upon renewed acceptance of the booking by Peli.

18.5. If the contracting party defaults on the payment of the deposit, Peli is entitled, notwithstanding the provisions of Section 2.4 of these Terms and Conditions, to terminate the affected event contract after a further written request (email is sufficient) and a grace period of five banking days for good cause for which the contracting party is responsible. Such termination shall be deemed a cancellation by the contracting party, and Peli shall be entitled to charge the cancellation fees specified below (regardless of fault). Peli’s further claims for damages remain unaffected.

18.6. Peli commissions third parties to offer meals. These third parties are entitled to unilaterally modify the meals offered, particularly those containing seasonal products.  

19. Contract Amount/Prices and Payment Terms
19.1. All services requested by Peli and not expressly stipulated in the contract amount plus any applicable VAT stated in the event contract will be invoiced separately according to Peli’s price list valid during the event (list price).

19.2. The agreed contract amount is exclusive of statutory sales tax, local taxes, and the lowest applicable unit (persons, days, etc.). In the event of a change in statutory sales tax or the introduction, modification, or abolition of local taxes on the agreed delivery item after the contract has been concluded, the agreed contract amount plus any applicable sales tax shall be adjusted accordingly. However, for contracts with consumers, this applies only if the period between the conclusion of the contract and the fulfillment of the contract/event exceeds three calendar months.

19.3. Services listed as “estimated” (or similar) in the event contract (e.g., personnel expenses) will be billed according to actual costs. These are merely estimates based on general experience, and Peli is not obligated to actively point out any excess consumption. The event contract is therefore composed of fixed and variable items, which is why a reduction in the number of participants does not imply a reduction in the price.

19.4. The agreed contract amount plus any applicable VAT for the confirmed booking is binding, subject to the provisions of sections 3.1 and 3.7 of these Terms and Conditions. Any special prices or conditions offered temporarily as a promotion do not apply to an event contract already concluded, even if these special prices or conditions apply to the time of the event.

19.5. Any costs incurred in addition to the contractually agreed services, such as telephone charges, drinks in the restaurant/bar, and additionally ordered food and drinks, are to be paid by each event participant themselves and will be charged directly to the guest immediately upon consumption. The contracting party and the respective event participant are jointly and severally liable for these costs.

19.6. The contracting party is generally not permitted to bring food and beverages to events. Exceptions require an agreement with Peli and its partners. In these cases, a contribution to cover overhead costs (stubble fee) will be charged.

19.7. If the period between booking and the first day of the event exceeds three calendar months, Peli is entitled to increase the agreed contract amount plus any applicable sales tax accordingly (for both fixed and variable remuneration components). In this case, the agreed contract amount will change in proportion to the change in the consumer price index. The basis for the value protection is the index number published for the month in which the contract is concluded (= 100); the reference index is the last published index before the start of the first calendar day of accommodation at Peli.

19.8. Peli will notify the contracting partner in writing (email is sufficient) of the desired price increase in accordance with the above provisions. The contracting partner has the right to withdraw from the affected event contract in writing (email is sufficient) within three calendar days of receiving written notification if they do not accept the contract amount increased in accordance with the above provisions, plus any applicable sales tax. Peli may also unilaterally avert such withdrawal by the contracting partner if Peli waives the increase in the contract amount resulting from the above provisions, plus any applicable sales tax, in writing (email is sufficient) to the contracting partner within seven calendar days of receiving the notice of termination from the contracting partner.

19.9. Furthermore, the agreed contract amount plus any applicable VAT may be changed by Peli if the contracting party makes changes to the booking, in particular with regard to the number of guests and/or the duration of the event.

19.10. Peli always retains budgetary control over the event; subcontractors are commissioned by Peli on behalf of the contracting party, who must reimburse Peli for any associated costs and out-of-pocket expenses. Should the contracting party insist on using its own subcontractors, Peli reserves the right to charge a reasonable fee of at least 10% for coordination and handling, as stipulated in the event contract. The names and contact persons of the subcontractors must be communicated to Peli in writing (email is sufficient) at least three weeks before the start of the first day of the event.

19.11. Peli’s payment claim is due immediately upon receipt of the respective invoice without deduction. Peli reserves the right to invoice or issue interim invoices for the deliveries and services provided at any time. An invoice is deemed to have been received by the invoice recipient no later than three days after dispatch, unless earlier receipt can be proven. In the event of late payment, default interest of 9% above the base interest rate per year shall apply to businesses as contractual partners, and default interest of 5% per calendar year shall apply to consumers within the meaning of the Consumer Protection Act. This also applies to Peli’s costs and expenses incurred by third parties in connection with the booked deliveries and services, insofar as these costs and expenses are specified in the event contract or approved by the contractual partner, or are customarily associated with the agreed deliveries and services.

19.12. The contractual partner undertakes to bear all reasonable and appropriate costs and expenses associated with the collection of Peli’s claims, such as, in particular, standard collection costs or reminder fees, such as, in particular, reminder letters from lawyers. In the event of reminders, Peli reserves the right to charge a flat fee of €15 plus VAT for each reminder letter sent.

19.13. The creation of a total invoice does not release the customer from the obligation to pay individual invoices on time. A delay in payment of even a single invoice entitles Peli to withhold all further and future services and to make the performance of services dependent on the provision of security or a down payment of up to 100% of the outstanding payment.

19.14. Payments, as well as security deposits and down payments, are due without deduction and without discounts. Costs of financial transactions (e.g., transfer fees) are always borne by the contractual partner. For credit and debit cards, the respective terms and conditions of the card companies apply. Peli reserves the right to reject foreign currency, checks, and credit cards. Refunds for unused deliveries and services are excluded.

19.15. If the contracting party uses a credit card for payment, even without physically presenting it (e.g. by telephone, internet, etc.), the contracting party is not entitled to revoke this charge vis-à-vis Peli in relation to their credit card institution.

19.16. If the contractual partner refuses to pay the agreed contract amount plus any applicable sales tax, or if they are in default, Peli shall be entitled to the statutory right of retention and the statutory lien on the items brought by the contractual partner, whereby it shall be deemed agreed that all items brought into the premises rented by the contractual partner are the unencumbered property of the contractual partner. Peli shall also be entitled to this right of retention or lien to secure its other claims arising from the event contract, in particular for catering, other expenses incurred for the contractual partner, and for any claims for compensation of any kind.

19.17. The contractual partner may only offset a claim by Peli if their claim is undisputed or has been legally established by a court of law. This applies mutatis mutandis to the exercise of a right of retention due to the contractual partner’s own claims. Such claims may only be assigned with the written consent of Peli.

19.18. Unless otherwise agreed in writing, the contracting party is obligated to pay the agreed contract amount, plus any additional amounts incurred due to separate use of services by the contracting party and/or the guests attributable to them, plus any applicable sales tax, no later than the last calendar day of the event (hereinafter “Last Calendar Day of the Event”). Unless otherwise expressly agreed in writing (email is sufficient), the contracting party and each of the guests attributable to them (provided they are of legal age and actually ordered and consumed by them) are jointly and severally liable for such additional amounts.

19.19. Peli only accepts Euro.

19.20. Peli shall be entitled to invoice or issue interim invoices for its deliveries and services at any time.

20. Use and Transfer of Premises
20.1. The provision of premises, e.g., for seminars, meetings, presentations, conferences, and other events, is solely for the agreed event purposes, unless Peli has expressly approved an alternative use of the premises in writing in individual cases. By concluding the event contract, the contracting party acquires the right to the usual use of the booked premises, but not of Peli’s other facilities.

20.2. The transfer or subletting of the premises to third parties, as well as the free use of the premises by third parties, is not permitted without the express, prior written consent of Peli. The contracting party must adapt its conduct within the premises to the posted or displayed guest guidelines (“booklet”) and must also ensure and be liable for ensuring that its guests do the same.

20.4. Unless otherwise agreed upon individually, agreed or waived room rental fees apply exclusively to the provision of the premises. Technical equipment and its energy consumption are not included and will be billed separately.

20.5. Booked rooms are available to the contracting party and its assigned guests exclusively for the booked period of the event. Any use beyond this period requires the written consent of Peli and is generally only permitted for an additional fee. Room changes are reserved, provided that these are reasonable for the contracting party, taking Peli’s interests into account. If the agreed start time of an event is postponed, Peli is entitled to invoice the contracting party for all additional costs incurred, unless Peli is itself culpably responsible for the postponement. If rooms are used for the first time before 3:00 p.m. without such permission for earlier, free use by Peli, the previous day shall count as the day of arrival. In this case, Peli is entitled to charge for this previous night at the current rate.

20.6. Unless otherwise agreed, Peli reserves the right to reassign booked premises on the first day of the event, without the contracting party and/or its guests being able to derive any rights or claims from this, provided that the contracting party or its guests have not taken possession of the booked premises by this time. If the contracting party has provided a security deposit and the premises were booked for an event spanning several days, the premises will remain reserved until 12:00 noon on the calendar day following the first day of the event.

20.7. The booked premises must be returned to Peli on the last calendar day of the event, cleared of all furniture, structures, and equipment belonging to the organizer and their guests. If this is not the case for reasons attributable to the contracting party and/or its guests, Peli is entitled to charge one calendar day of the room rental fee at the current rate for each calendar day of delay, starting with the day of delay, as a (no-fault) contractual penalty. Peli’s further claims for damages remain unaffected. Cleaning costs related to any excessive soiling of the event premises will be invoiced to the contracting party in an appropriate amount.

20.8. If the contractual partner notifies Peli in a timely manner of its desire to extend the event or other deliveries and services, Peli may accept the offer of extension and the associated amendment to the event contract at its sole discretion. Peli is under no obligation to do so, and therefore the contractual partner has no right to extend the event and/or amend the event contract. Peli is entitled to adjust the agreed contract amount plus any applicable sales tax for such extensions, regardless of the contractual partner’s previous terms and conditions.

20.9. The contracting party must ensure that its employees and guests treat Peli’s premises and property and the grounds with care.

20.10. The contracting party may only bring objects such as structures, signs, and the like into the event premises after prior agreement with Peli. These objects must be brought in strictly according to Peli’s instructions (in particular, no emergency exits may be blocked, walls or glass surfaces may not be covered with stickers, etc.) and only for the agreed period. The contracting party shall indemnify and hold Peli harmless from any damages and claims caused by these objects. Peli may remove, destroy, and/or store any objects left behind at the contracting party’s expense and risk, unless it is documented in writing that these objects will be stored for a defined period of time for the contracting party against a separate fee.

20.11. If the contracting party wishes to change the agreed seating arrangement or other prepared items and equipment on the day of the event, which require at least one person from Peli outside of the agreed timeframe, Peli reserves the right to charge a reimbursement of expenses for the modification in the amount of at least EUR 100.00 plus VAT.

21. Event Management
21.1. To enable careful preparation by Peli and its partners, the contracting party must notify Peli of the final number of participants in writing (email is sufficient) no later than 14 days before the start of the first calendar day of the event. If the contracting party notifies a higher number of participants than agreed upon, this higher number will only become part of the contract if Peli agrees to it in writing. If Peli does not agree in writing, the contracting party is not entitled to hold the event with a higher number of participants. If Peli agrees, the invoice will be based on the previous calculation basis and the new number of participants. If fewer participants actually attend the event, no refund will be made for any expenses saved.

21.2. Peli only guarantees the contractually agreed execution of the event (in any case, only to the extent expressly assigned to Peli’s responsibility under the event contract) and the provision of sufficient quantities of food and beverages by third parties if the specified number of people is not exceeded. Should the procurement of additional food or beverages for a larger number of people entail additional costs, the contractual partner undertakes to cover the associated costs.

21.3. For events that extend beyond 10:00 p.m. or begin before 8:30 a.m., Peli will calculate and invoice personnel expenses from this time onward based on individual billing. The contractual partner is liable to Peli for additional services provided to guests attributable to it (unless included in the agreed contract amount) or to third parties in connection with the event.

21.4. For each event, the contracting party must designate an authorized representative in advance who will be present throughout the entire event and serve as the contact person for Peli employees. If this is not done, or not done at least one day before the event, Peli is entitled to make statements to each of the contracting party’s employees and to enter into agreements with them that are binding for the contracting party.

21.5. The contracting party must immediately identify any defects during the event and report them to the responsible Peli employee on site, referring to the contractual agreement; otherwise, any warranty or compensation claims will be excluded. Defects must be documented on-site.

21.6. The contracting party must inform Peli in writing about the nature and course of the event at least three weeks before the event. Unless otherwise agreed, the contracting party undertakes to obtain, at its own expense, any necessary public permits or approvals for its event, in particular those required under applicable law, but also with regard to fire safety or other special regulations. The contracting party is responsible for the lack of any such permits and will indemnify Peli in this regard. Any requirements must be met at the contracting party’s expense. The required permits must be submitted to Peli at least three calendar days before the start of the first calendar day of the event, along with proof of compliance with the relevant requirements. Failure to do so will result in Peli being entitled to prohibit the event from taking place. Such a prohibition shall be deemed a cancellation by the contracting party, meaning that Peli is entitled to charge the cancellation fees specified below (regardless of fault). Peli’s further claims for damages remain unaffected.

21.7. Peli is also entitled to terminate the event at any time should official requirements, other orders, or lack of permits and/or actions or omissions on the part of the contracting party, guests attributable to it, or third parties necessitate premature termination. The last and penultimate sentences of Section 5.6 apply accordingly.

21.8. In the event that guests of the contracting party disrupt other events taking place in and around Peli through inappropriate behavior or endanger persons or property, Peli is entitled to remove these guests from the event premises. 

21.9. Advertising of the event by the contracting party is only permitted with the express written consent of Peli (including the text and presentation of the advertising, with or without the specific use of the name Peli, Peli Kastri, WISDOM*) by email.

21.10. The contracting party acknowledges that music may only be played within the scope of the existing operating facility permit. The contracting party shall bear any fees and charges (licenses) payable in this regard and shall fully indemnify Peli.

21.11. To prevent damage, the installation and placement of decorative materials or other objects must be coordinated with Peli in advance and then carried out by qualified personnel. All fire safety regulations and all other legal requirements must be observed. Any exhibition and other objects brought in, as well as transport packaging, outer packaging, and all other packaging materials, must be removed after the event. If the contractual partner fails to comply with this regulation, Peli reserves the right to remove, dispose of, and/or (if necessary) store them at the customer’s expense. If removal entails disproportionate effort, Peli reserves the right to leave the objects on the premises and charge the applicable room rental fee for the duration of their stay. Peli reserves the right to prove greater damages.

21.12. If the contracting party brings its own electrical equipment, written consent from Peli is required before connection to the power grid. The resulting electricity consumption will be calculated according to the applicable supply and labor rates charged to Peli by the utility company. Peli reserves the right to determine a flat-rate recording and billing method. Any malfunctions or defects in Peli’s technical systems and its facilities resulting from the connection shall be borne by the contracting party. With written consent from Peli, the contracting party may also use its own telephone, fax, and data transmission equipment. Peli may charge connection and connection fees for this. The contracting party must ensure the operational reliability of the equipment and provide evidence of this to Peli upon request.

21.13. If Peli procures technical or other equipment from third parties for the contracting party, Peli acts in the name and on behalf of the contracting party; the contracting party is liable for the careful handling and proper return of this equipment and shall indemnify Peli against all claims by third parties upon first written request. Peli’s liability for late procurement or defectiveness of the procured equipment is excluded.

22. Withdrawal from the event contract by the contracting party or reduction of the scope of the contract – cancellation fee

22.1. In the event of cancellation of the event contract or a reduction in the scope of the contract (which must be made in writing, by email, if sufficient) after the event contract has been concluded, the contracting party is obligated to pay the following payments as a “cancellation fee,” except in cases of force majeure and if Peli is at fault. A complete or partial cancellation of the event contract or a reduction in the scope of bookings by the contracting party after the event contract has been concluded up to three months before the arrival date at the latest is possible free of charge; any advance payments made prior to this date will remain with Peli and, in this case, will be considered the applicable cancellation fee in the same amount. Canceled room rentals and other deliveries and services may be subcontracted by Peli to third parties without the resulting benefit for Peli affecting the amount of the cancellation fee. The cancellation fee is:

80% of the agreed contract amount affected by the cancellation of the event contract, plus any applicable sales tax, if the cancellation of the event contract is received by Peli later than 80 calendar days from the start of the first calendar day of the event. For events lasting less than 8 hours in one day, the cancellation fee applies from 7 days before the start.
Cancellation later than 3 days before the start of the first calendar day of the event (including one-day events) is not permitted; in this case, the cancellation fee shall be 100% of the agreed contract amount affected by the cancellation of the event contract, plus any applicable sales tax and any payments/bookings already made by Peli.
22.2. Peli reserves the right to assert further claims for damages. If partial payments/down payments have already been received, these will be retained and credited towards the cancellation fee.

22.3. If the contractual partner subsequently reduces the number of participants at a booked event, 100% of the agreed contract amount plus any applicable sales tax will be invoiced. Conversely, if the number of participants increases, the contract amount will increase based on the number of additional participants present, in accordance with Peli’s current prices at the time of the event.

22.4. Depending on the season (e.g. summer seminars, event days, etc.), special cancellation conditions may apply in accordance with the terms and conditions announced by Peli during the booking process.

22.5. In deviation from and in addition to the above-described cases of (partial) cancellation of the event contract or reduction of the scope of the contract, it is agreed that Peli is entitled to charge reimbursement of the following expenses in addition to the cancellation fees mentioned above:

All third-party costs incurred by Peli in connection with the Event Contract and borne by Peli (in anticipation of the implementation of the contractually agreed goods and services) that are non-refundable;
All expenses paid by Peli in connection with the Event Contract;
All reasonable advance payments made by Peli to third-party providers in connection with the Event Contract, to the extent that these are non-refundable; and
All cancellation fees charged by third-party providers with regard to Peli’s contractual obligations to such third parties in connection with the Event Contract.
The above-mentioned expenses will be offset, where possible, against proof of payment.

22.6. Any cancellation of the event contract or reduction in the scope of the contract must be notified in writing (email is sufficient). Peli will confirm receipt in writing.

23. Withdrawal by Peli
23.1. If the event contract stipulates a deposit and this deposit has not been paid by the contracting party or has not been paid on time, Peli may withdraw from the event contract by setting a grace period of no more than three calendar days in writing (email is sufficient).

23.2. According to statutory regulations, Peli is entitled to withdraw from the event contract or to terminate the event contract for good cause, subject to a written grace period (email is sufficient) of no more than three calendar days. Good cause exists in particular if:

the contractual partner fails to perform a due service;
the fulfillment of the event contract is impossible due to force majeure (including severe weather, severe weather warnings, safety concerns due to force majeure, pandemics and official orders as a result of such pandemics, including COVID-19), strikes or other circumstances beyond Peli’s control;
the contractual partner provides misleading or false information about themselves and/or guests attributable to them;
the purpose or occasion of the event is illegal;
the contractual partner uses Peli’s name in advertising measures without prior written consent;
the contractual partner sublets the premises covered by the contract in whole or in part without the written consent of Peli or otherwise makes them available to a third party for use;
the contracting party or a person attributable to him makes a significantly detrimental use of the rented rooms or through reckless, offensive or otherwise grossly inappropriate behavior towards Peli or its employees or the guests staying in the hotel or third parties makes their stay unpleasant or is guilty of a punishable act against the property, morality or physical integrity of these persons, whereby an attempt and reasonable suspicion are sufficient;
the contractual partner or a person attributable to him/her is affected by a contagious disease or a disease that extends beyond the agreed period of accommodation, or otherwise requires care; or
the use of the booked deliveries and services, at Peli’s sole discretion, is or may be likely to jeopardise Peli’s security or public reputation.
23.3. Peli’s claims for compensation for damages incurred as a result of the cancellation/termination of the contract remain unaffected.

24. Provision of an Alternative Event Space
24.1. The Contracting Party and its guests are not entitled to use specific Peli premises. If the Contracting Party is not a consumer, Peli may provide the Contracting Party with an appropriate alternative event space of an equivalent or higher standard, provided this is objectively justified and not entirely unreasonable for the guests attributable to the Contracting Party.

24.2. An objective justification exists, for example, if the reserved rooms have become unusable, if there is an overbooking for which Peli is not grossly at fault, or if other important operational measures make this step absolutely necessary.

24.3. Peli will promptly notify the contracting party in writing (email is sufficient) no later than 7 calendar days before the start of the first day of the event of any necessary alternative accommodations and will provide necessary transportation from Peli to the alternative event venue and back free of charge. Furthermore, the contracting party and any guests attributable to the contracting party are entitled to further reimbursement for additional expenses, insofar as they were causally caused by the relocation to the specified alternative event venue.

24.4. If the contractual partner rejects accommodation in an alternative event space within four calendar days of Peli’s notification in writing (again, email is sufficient), the event contract shall be deemed cancelled, and all payments made by the contractual partner up to that point in connection with the cancelled event contract must be refunded within one week of Peli’s cancellation. In the opposite case, the offered alternative event space shall be deemed accepted by the contractual partner. Peli may also unilaterally avert such withdrawal by the contractual partner if Peli waives the spatial relocation to an alternative event space resulting from the above provisions in writing (email is sufficient) to the contractual partner within 24 hours of receipt of the rejection by the contractual partner.

25. Rights of Peli
25.1. Peli may invoice the contracting party for the cleaning of furnishings or other parts of the premises that exceed normal use of the hotel premises, or the corresponding costs of their repair and, if necessary, their replacement (at replacement value). The contracting party and any guests assigned to them (if of legal age and directly personally responsible) are jointly and severally liable.

25.2. Peli may ban the contractual partner and/or guests attributable to them from the premises for justified reasons.

26. Peli’s Liability for Damage or Loss of Items Brought In
26.1. The statutory provisions apply to items brought in by the contracting party and/or guests attributable to them. Peli is liable within the framework of the statutory provisions (and thus subject to the requirements stipulated therein). However, the right to compensation expires if the damage is not reported to Peli immediately upon becoming aware of it. Valuable items, money, or securities must be deposited free of charge after prior written confirmation from Peli; otherwise, Peli’s liability, to the extent that such deposit is reasonable, is excluded. Peli may refuse to store valuables, money and securities, bags, and cell phones without reason, particularly if the items are significantly more valuable than those usually deposited by the contracting party and/or guests. The contracting party and its attributable guests undertake not to leave valuables unattended or to deposit them in places easily accessible to animals and people (especially terraces, platforms, etc.). Peli reserves the right to be exempt from any liability in this regard.

26.2. Any items left behind by the contracting party are not considered to be in Peli’s custody or brought in by the contracting party and will only be forwarded upon request, at the contracting party’s risk and expense. Peli will store these items for a maximum of three months against reimbursement of costs or a storage fee for third-party storage. After that, they will be handed over to the local authorities if they have recognizable value.

26.3. Peli does not provide insurance cover for items brought in, or only to a limited extent in accordance with mandatory statutory provisions. The conclusion of any necessary insurance is the sole responsibility of the contractual partner.

27. Liability of the Contracting Party and Peli (unless stipulated in Section 10 of these Terms and Conditions above)
27.1. The Contracting Party and the guests attributable to them (the latter if they are of legal age and directly causally responsible) are jointly and severally liable to Peli for all damages caused by themselves (including guests under the age of majority) or by third parties who are in turn attributable to the Contracting Party and/or the guests attributable to them.

27.2. Peli’s liability to consumers for slight negligence is completely excluded, with the exception of personal injury. Liability to consumers for loss of profit or other financial losses (including as a result of personal injury) in the context of slight negligence is also excluded.

27.3. Peli is generally liable to businesses for all statutory and pre-contractual, main, or ancillary contractual claims, with the exception of personal injury, only in cases of intentional or grossly negligent conduct. Liability for lost profits, indirect damages, and consequential damages is excluded except in cases of gross negligence and willful intent. In the case of simple gross negligence, the liability amount is limited to three times the agreed contract amount, but in any case to Peli’s available liability insurance amount.

27.4. Disclaimers and limitations of liability apply equally in favour of all companies employed by Peli to fulfil its contractual obligations, their subcontractors and vicarious agents.

27.5. All claims of the contractual partner against Peli arising from or in connection with the respective event contract shall expire (i) 12 months from the date of knowledge of the damage and the damaging party, and (ii) in any case after 12 months from the start of the first calendar day of the event, whichever of (i) or (ii) is earlier. For consumers, the statutory provisions under the Consumer Protection Act apply.

27.6. The use of accessible parking spaces for motor vehicles on Peli’s premises or in public parking lots is at the Contracting Party’s or its guests’ own risk; any liability on the part of Peli in this regard is excluded.

28. Keeping Animals
28.1 Animals may only be brought into the Peli Kastri/Peli premises with the prior written consent of Peli and, if applicable, for an additional fee.

28.2. The contracting party or their guests are obligated to properly care for and supervise any animal they bring with them during their stay, or to arrange for it to be cared for and supervised by a suitable third party at their own expense. Animals are not permitted to remain unattended on the premises. Dogs must wear muzzles and leashes in all hotel areas.

28.3. The contracting party or their guests must have appropriate animal liability insurance or personal liability insurance that also covers potential damage caused by animals. Proof of such insurance must be provided to Peli upon request. The contracting party or their guests are jointly and severally liable to Peli for all damage caused by animals brought along. This damage includes, in particular, all compensation that Peli is required to provide to third parties (including associated costs).

28.4. No animals are allowed in the olive grove or the common room.

29. Place of Jurisdiction and Choice of Law
29.1. These Terms and Conditions and the Event Contract are governed by Austrian law, excluding its conflict of law provisions. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply and shall be deemed excluded.

29.2. All disputes arising from these Terms and Conditions and the event contract, or relating to their violation, termination or invalidity, shall be subject exclusively to the jurisdiction of the court with jurisdiction in commercial matters in Vienna.

29.3. If the event contract was concluded with a contractual partner who is a consumer and has their place of residence or habitual abode in Austria or is employed in Austria, claims against the consumer can be brought exclusively at their general place of jurisdiction (residence, habitual abode or place of employment of the consumer) in accordance with Section 14 (1) of the Consumer Protection Act. In cross-border disputes between Member States that are parties to the Brussels I Regulation, jurisdiction for consumers is governed by Articles 15 et seq. of the Brussels I Regulation. If the defendant consumer has neither a place of residence nor an establishment within the meaning of Article 15 (2) of the Brussels I Regulation in a Member State, jurisdiction is determined in accordance with national law in accordance with Article 4 (1) of the Brussels I Regulation, subject to Articles 22 to 23 of the Brussels I Regulation.

29.4. Amendments and additions to these Terms and Conditions, as well as to the event contract, may only be made in writing (email is sufficient, where legally permissible). Unilateral amendments or additions by the contracting party are invalid.

30. Miscellaneous
30.1. Should individual provisions of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions, and the contracting parties undertake to replace the invalid provision with a valid provision that most closely approximates its (economic) meaning and purpose. In the event of any other gaps in the provisions, the relevant statutory provisions shall apply.

30.2. When calculating a period determined in calendar days, the calendar day on which the point in time or occurrence occurs is not included. Periods determined in weeks or months refer to the calendar day of the week or month whose name or number corresponds to the calendar day from which the period is to be counted. If this calendar day is missing in the month, the last calendar day of that month is considered.   

The terms and conditions of the Olive page and webshop can be found on PELI OLIVE (alt.pelikastri.com)