1. Scope
1.1. These general terms and conditions (hereinafter “GTC”) apply to all deliveries and services provided by IKE Athina, with its registered office in Greece, Kastri, registered under AFM 801407844, (hereinafter “Peli”) to the guest and their respective accompanying persons Use deliveries and services from Peli (hereinafter collectively “guest”), an organizer or other contractual partner who concludes an accommodation contract for a guest (hereinafter “contractual partner”), from or in connection with an accommodation contract. The guest is usually also a contractual partner. The deliveries and services consist in particular of the provision of rooms and other rooms for use, for example for seminars, conferences, presentations, and other events, as well as all other related deliveries and services from Peli, on the basis of the accommodation contract concluded between Peli and the contractual partner (hereinafter referred to as “accommodation contract” with respect to all of the above-mentioned supplies and services). Peli is entitled to have its deliveries and services carried out by third parties.
1.2. These terms and conditions refer to the accommodation contract concluded with Peli. The contractual partner’s general terms and conditions do not apply, even if Peli does not expressly contradict them. Counter-confirmations from the contractual partner with reference to their general terms and conditions are hereby contradicted.
2. Conclusion of contract and deposit
2.1. Peli’s offers on its website pelikastri.com are non-binding.
2.2. Bookings by the contractual partner and verbal agreements are only considered accepted or binding if they have been confirmed in writing or expressly agreed upon by Peli through authorized representatives. 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. Peli’s silence does not constitute consent. If the booking confirmation from Peli contains changes to the booking, these changes are deemed to have been approved by the contractual partner if he does not object to them within 24 hours. Peli assumes no responsibility or obligation to check for any errors made during the booking process unless the contractual partner corrects them promptly, but 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 he, but the third party who becomes the contractual partner. The customer must specifically inform Peli in good time and before the conclusion of the contract to send or hand over his written authorization for the specific conclusion of the contract and to 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 purchaser himself is considered the contractual partner and is liable for the fulfillment interest, regardless of the degree of his own fault.
2.4. Upon conclusion of the contract, Peli is entitled to demand an appropriate advance payment or a security deposit (e.g. in the form of a credit card guarantee or a deposit) of up to 100% of the agreed contract amount plus any tax from the contractual partner. In this case, the booking is only deemed to have been made when the contractual partner has received the required security deposit/deposit, whereby the accommodation contract in this case is only concluded when Peli accepts the booking again.
2.5. In any case, for bookings of the following sizes, the contractual partner must make a deposit of 90% of the agreed contract amount plus any VAT on the following dates as follows:
– from 2 rooms no later than 30 calendar days (arrival) before the start of the first calendar day of accommodation in the Peli Kastri Guesthouse (hereinafter “arrival day”);
– from 4 rooms no later than 60 calendar days (arrival) before the start of the day of arrival;
– from 6 rooms no later than 90 calendar days (arrival) before the start of the day of arrival.
The provisions in point 2.4 of these General Terms and Conditions apply accordingly. The down payment must be offset against the agreed contract amount plus any sales tax.
2.6. If the contractual partner defaults on the payment of the deposit, Peli is entitled, regardless of the provisions in point 2.4 of these General Terms and Conditions, to terminate the affected accommodation contract after a further written request (email is sufficient) and setting a grace period of 2 banking days for important reasons for which the contractual partner is responsible Reason, justified. Such a termination is considered a cancellation by the contractual partner, so that Peli is entitled to charge the (no-fault) cancellation fees set out below. Further claims for damages from Peli remain unaffected.
3. Contract amount/prices and payment conditions
3.1. The agreed contract sum plus any taxes is determined according to the price list valid at the time the contract is concluded or the agreement between the contractual partner and Peli. All prices are exclusive of statutory sales tax, local taxes and for the lowest applicable unit (persons, days, etc.). In the event of a change in the statutory sales tax or the introduction, change or abolition of local taxes on the agreed delivery item and after conclusion of the contract, the agreed contract sum plus any sales tax shall be adjusted accordingly; For contracts with consumers, however, only if the period between conclusion of the contract and fulfillment 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 points 3.1 and 3.3 of these General Terms and Conditions. Any special prices or conditions that are temporarily advertised as a promotion do not apply to an accommodation contract that has already been concluded, even if these special prices or conditions refer to the time of the accommodation.
3.3. If the period between booking and the day of arrival exceeds 3 calendar months, Peli is entitled to increase the agreed contract amount plus any VAT accordingly. In this case, the agreed contract amount changes in the same proportion as the consumer price index changes. The basis for securing value is the index number published for the month in which the contract was concluded (= 100), the reference index is the last published index before the start of the first calendar day of accommodation in the Peli Guesthouse and Peli Kastri area.
3.4. Peli will inform the contractual partner in writing (via email is sufficient) of the desired price increase in accordance with the above provisions. The contractual partner has the right to withdraw from the accommodation contract in question in writing (via email is sufficient) within 3 calendar days of receiving written information if he does not accept the contract amount increased in accordance with the above provisions plus any VAT. Peli can 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 sales tax within 3 calendar days of receipt of the termination by the contractual partner in writing (email is sufficient) to the contractual partner .
3.5. The agreed contract amount plus any sales tax can also be changed 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 has the right to invoice or interim invoice for the deliveries and services provided at any time. An invoice is 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, default interest of 9% above the base interest rate per year is deemed to be agreed for entrepreneurs as contractual partners. This also applies to the costs and expenses of Peli towards third parties in connection with the booked deliveries and services, insofar as these costs and expenses have been 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 expedient costs and expenses associated with the collection of Peli’s claims, such as, in particular, collectively agreed collection costs or reminder costs, such as legal reminder letters. In the event of reminders, Peli reserves the right to charge a flat rate fee of €15 plus VAT for each reminder letter sent.
3.8. The creation of an overall invoice does not release you from paying the individual invoices on time. A delay in payment of even one individual invoice entitles Peli to withhold all further and future services and to make the fulfillment of the services dependent on a security deposit or down payment of up to 100% of the outstanding payment.
3.9. Payment as well as security deposits and down payments are due without deduction, unless otherwise agreed. Costs of monetary transactions (e.g. transfer fees) are always borne by the contractual partner. The respective terms and conditions of the card companies apply to credit and debit cards. Peli is entitled to reject foreign currency, checks and credit cards. Vouchers from tour operators and seminar providers are only accepted if there is an agreement with the company in question or if appropriate advance payments have been made. A refund for deliveries and services not used is excluded.
3.10. If the contractual partner uses a credit card for payment, even without physically presenting it (e.g. via telephone, Internet, etc.), the contractual partner is not entitled to revoke this charge from their credit card company in relation to Peli.
3.11. If the contractual partner refuses to pay the agreed contract amount plus any sales tax or is in arrears, Peli is entitled to the statutory right of retention and the statutory lien on the items brought by the contractual partner, whereby it appears to be agreed that all of them are in the contractual partner’s possession Items brought into rented rooms are his unencumbered property. Peli is also entitled to this right of retention or lien to secure its other claims from the accommodation contract, in particular for meals, other expenses incurred on behalf of the contractual partner, and for any claims for compensation of any kind.
3.12. The contractual partner can only set off a claim from Peli if his claim is undisputed or has been legally established by a court. This applies analogously 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 contractual partner is obliged to pay the agreed contractual sum plus any additional amounts that arose due to separate use of services by the contractual partner and/or the guests attributable to him, plus any VAT and other charges, no later than on the day of departure. Unless otherwise expressly agreed in writing (via email is sufficient), the contractual partner and each of the guests attributable to him (if of age) are jointly liable for such additional amounts.
3.14. Peli only accepts euros.
3.15. Peli has the right to billing or interim billing for its deliveries and services at any time.
4. Use and handover of the premises, departure
4.1. Rooms and/or other rooms are made available exclusively for accommodation purposes or the agreed event purposes, unless Peli has expressly approved an alternative use of the rooms in writing in individual cases. By concluding the accommodation contract, the contractual partner acquires the right to the usual use of the booked rooms and/or other rooms as well as the other facilities of Peli/Peli Kastri, provided that the latter are open to all guests.
4.2. The passing on or subletting of the provided premises to third parties as well as the free use of the provided premises by third parties is not permitted without the express prior written approval of Peli. The contractual partner must adapt his behavior in the area, including the guesthouse, terrace, platform, etc., to Peli’s posted house and guest guidelines (hereinafter “booklet”) and must also ensure and is liable for the guests attributable to him to do so do also.
4.3. Booked rooms are available to the contractual partner and the guests attributable to him from 3:00 p.m. on the day of arrival, unless Peli has expressly approved earlier, free of charge use in writing (via email is sufficient). If the premises are used for the first time before 3:00 p.m. without such permission for free prior use by Peli, the previous day counts as the arrival day. In this case, Peli has the right to charge the previous night at the current room price according to the Peli price list valid for this period.
4.4. Unless otherwise agreed, Peli has the right to assign booked rooms to someone else on the day of arrival, without the contractual partner and/or the guests attributable to him being able to derive any rights or claims from this, provided that the contractual partner or the guests attributable to him have up to this point have not taken over the booked premises at the time. In this case, there is no obligation to provide accommodation. If the contractual partner has provided a security deposit and the rooms have been booked for more than one night, the rooms will remain reserved until 1:00 p.m. on the calendar day following the day of arrival, regardless of the time of arrival; After that, there is again no obligation to provide accommodation.
4.5. The booked rooms must be vacated on the day of departure no later than 11:00 a.m. on the last calendar day of accommodation in the Peli Guesthouse (hereinafter “departure day”). If this is not the case for reasons for which the contractual partner and/or the guests attributable to him are responsible, Peli is entitled to charge a further full calendar day at the current Peli price list valid during this period. Further claims for damages from Peli remain unaffected.
4.6. If the contractual partner announces his wish to extend the stay or other deliveries and services from Peli in a timely manner, the latter can accept the offer to extend the stay and the associated change to the accommodation contract at its own discretion. Peli has no obligation to do so, so the contractual partner has no right to extend the stay and/or change the accommodation contract. Peli is entitled to adjust the agreed contract amount plus any taxes in the event of such extensions, regardless of the contractual partner’s previous conditions.
5. Withdrawal and reduction of the scope of the contract – cancellation fee
5.1. If the accommodation contract is canceled or the scope of the contract is reduced (which must in any case be made in writing, by e-mail is sufficient) after the accommodation contract has been concluded, the contractual partner is, except in cases of force majeure and if Peli is culpably responsible, to provide the following services Payments cancellation fee obligated. A complete or partial cancellation of the accommodation contract or reduction of the scope of bookings by the contractual partner after conclusion of the accommodation contract up to 6 months before the day of arrival at the latest is possible free of charge; However, any advance payments made beforehand remain with Peli and in this case the same amount applies as the applicable cancellation fee. Canceled rooms and other deliveries and services can be assigned by Peli to third parties without the resulting advantage for Peli affecting the amount of the cancellation fee.
– Bookings of 1-3 rooms:
The booking conditions apply here (whether advance booking, non-refundable online bookings, reservations, etc.) according to the booking confirmation.
– Bookings of 4 – 8 rooms and/or booking of other rooms:
80% of the agreed contract amount affected by the cancellation of the accommodation contract or reduction of the scope of the contract plus any sales tax if the cancellation of the accommodation contract or reduction of the scope of the contract is received later than 60 calendar days but earlier than 30 calendar days before the day of arrival to Peli;
90% of the agreed contract amount 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 later than 14 calendar days before the day of arrival Peli approaches.
Cancellation or reduction of the scope of the contract later than 14 calendar days before the day of arrival is not permitted; in this case the cancellation fee is 100% of the agreed contract amount affected by the cancellation of the accommodation contract or reduction of the scope of the contract, plus any taxes, expenses and various additional bookings , third party services, etc.
5.2. Peli remains free to assert further claims for damages. If partial payments/deposits 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.), special cancellation conditions may apply according to the conditions announced by Peli when booking.
5.4. In addition, for the cases described above of (possibly also partial) cancellation of the accommodation contract or reduction of the scope of the contract, it is agreed that Peli is entitled to charge compensation for the following expenses in addition to the cancellation fees mentioned above under point 5.1 of these General Terms and Conditions:
all third-party costs incurred by Peli in connection with the Contract and borne by Peli (pending the implementation of the contracted supplies and services) and which are non-refundable;
all expenses paid by Peli in connection with the accommodation contract;
all advance payments in an appropriate amount that Peli has made to third party providers in connection with the accommodation contract, insofar as these cannot be reclaimed; and
any cancellation fees charged by third parties in respect of Peli’s contractual obligations to such third parties in connection with the Contract.
The above-mentioned expenses will be offset against proof, as far as possible.
5.5. Any cancellation of the accommodation contract or reduction in the scope of the contract must be announced in writing (by email is sufficient). Receipt will be confirmed in writing by Peli.
5.6. In all cases of no-show or non-arrival, the total cancellation fee is 100% of the agreed contract amount plus any taxes and duties.
6. Withdrawal by Peli
6.1. If the accommodation contract provides for a down payment or a deposit and this down payment has not been paid by the contractual partner or has not been paid on time, Peli can withdraw from the accommodation contract by setting a written grace period (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 by setting a written grace period (email is sufficient) of no more than 3 calendar days. An important reason is given in particular if:
the contractual partner does not provide a service that is due;
the fulfillment of the accommodation contract is impossible due to force majeure (including severe weather, severe weather warnings, pandemics and official orders as a result of such pandemics, including COVID-19), strike or other circumstances for which Peli is not responsible;
the contractual partner provides misleading or false information about himself and/or guests attributable to him;
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 contractual premises in whole or in part without the written consent of Peli or otherwise leaves them for use to a third party;
the contractual partner or a person attributable to him makes significantly detrimental use of the rented premises or through reckless, offensive or otherwise grossly improper behavior towards Peli or its employees or the guests or third parties staying on Peli’s premises and spoils their shared stay or behaves towards them makes persons guilty of a punishable act against property, morals or physical integrity, where attempt and reasonable suspicion are sufficient;
the contractual partner or a person attributable to him or her is affected by an infectious disease or an illness that extends beyond the agreed period of accommodation or otherwise requires care; or
the use of the booked deliveries and services is or may be, at Peli’s sole discretion, likely to endanger the safety or reputation of Peli in the public eye.
6.3. Peli’s claims for compensation for damage caused by the cancellation/termination of the contract remain unaffected.
7. Provision of alternative accommodation
7.1. The contractual partner and the guests attributable to him have no right to use certain Peli premises. If the contractual partner is not a consumer, Peli can provide the contractual partner with adequate alternative accommodation with an equivalent or higher standard if this is objectively justified and not entirely unreasonable for the guests attributable to the contractual partner.
7.2. An objective justification is given, for example, if the reserved rooms have become unusable, there is an overbooking for which Peli is not grossly responsible, or other important operational measures make this step mandatory.
7.3. Peli will immediately inform the contractual partner in writing (email is sufficient) no later than 7 calendar days before the day of arrival about any necessary accommodation in alternative accommodation and will provide necessary travel from Peli to the alternative accommodation and back free of charge. In addition, the contractual partner and the guests attributable to the contractual partner are entitled to further compensation for additional expenses to the extent that they were causally caused by the accommodation in the alternative accommodation mentioned.
7.4. If the contractual partner refuses accommodation in alternative accommodation within 5 calendar days of notification by Peli in writing (again by email is sufficient), the accommodation contract is deemed to be canceled and all payments made by the contractual partner up to this point in connection with the terminated accommodation contract are within 14 working days after cancellation of Peli. In the opposite case, the alternative accommodation offered is deemed to have been accepted by the contractual partner. Peli can also unilaterally avert such a withdrawal by the contractual partner if Peli waives the relocation to alternative accommodation resulting from the above provisions in writing (by email is sufficient) to the contractual partner within 24 hours of receipt of the contractual partner’s rejection of the same.
8. Rights of Peli
8.1. The cleaning of furnishings or other parts of the area that go beyond normal use in a room or other premises or the corresponding costs of repairing them and, if necessary, replacing them (at new value) can be invoiced by Peli. The contractual partner and the guests attributable to him (if of legal age) are in turn liable for joint and several debts.
8.2. Peli can ban the contractual partner and/or the guests attributable to him from entering the premises for justified reasons.
9. Liability of Peli for damage or loss of items brought in
9.1. Peli is liable for items brought in by the contractual partner and/or guests attributable to it within the scope of the legal provisions (and therefore depending on the requirements standardized there). However, the claim for compensation expires if the damage is not reported to Peli immediately upon becoming aware of it. Valuable items, money or securities can be deposited in the room safe free of charge and the room must be locked. Peli is not liable for valuables, money and securities or storage can be unilaterally refused by Peli, especially if the items are significantly more valuable than contractual partners and/or guests usually provide for storage.
9.2. Items left behind by the contractual partner are not considered to have been kept by Peli or brought in by the contractual partner and will only be forwarded at the contractual partner’s request, risk and expense. Peli will store these items for a maximum of 3 months against reimbursement of costs or storage fees for third-party storage. They are then handed over to the local authorities, provided they have a recognizable value.
9.3. Peli does not provide insurance cover for items brought in, or only to a limited extent, in accordance with mandatory legal provisions. The conclusion of the necessary insurance is solely the responsibility of the contractual partner.
10. Liability of the contractual partner and Peli (unless stated in point 9 of these General Terms and Conditions above)
10.1. The contractual partner and the guests attributable to him (the latter of whom 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 in turn are attributable to the contractual partner and/or the guests attributable to him are to be represented.
10.2. Peli’s liability towards consumers for minor negligence is completely excluded, with the exception of personal injury. Liability towards consumers for lost profits or other financial losses (including as a result of personal injury) in the context of minor negligence is also excluded.
10.3. Peli is liable to entrepreneurs for all legal and pre-contractual, main and ancillary contractual claims, with the exception of personal injury, in principle only in the event of intentional or grossly negligent behavior. Liability for lost profits, indirect damages and consequential damages is excluded from entrepreneurs, except in the case of extremely gross negligence or intent. The amount of liability towards entrepreneurs, in the event of simple gross negligence, is limited to three times the value of the agreed contract amount, but in any case to the amount of liability insurance available from Peli.
10.4. Exclusions and limitations of liability apply equally to all companies used by Peli to fulfill 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 expire (i) 12 months from knowledge of the damage and the perpetrator, and (ii) in any case after the expiration of 12 months from the day of arrival, whatever arises from (i) or (ii ) is earlier. The legal provisions apply to consumers.
10.6. The parking spaces for motor vehicles provided by Peli in the Peli area and when using public parking spaces are at the contractual partner’s own risk or the guests attributable to him; Any liability on the part of Peli in this regard is deemed to be excluded.
10.7. The above liability provisions apply mutatis mutandis to all free or paid services for the contractual partner and/or the guests attributable to him, regardless of their nature.
11. Animal husbandry
11.1. Animals may only be brought into the Peli area with the prior written consent of Peli and, if necessary, for an additional fee.
11.2. The contractual partner or the guests attributable to him are obligated to properly store or supervise an animal brought along during the stay or to have it stored or supervised at his own expense by a suitable third party. Animals are not allowed to remain unattended outside the rooms. Dogs must wear a muzzle and a leash in all areas.
11.3. The contractual partner or the guests attributable to him must have appropriate animal liability insurance or private liability insurance, which also covers possible damage caused by animals. Proof of the relevant insurance must be provided to Peli upon request. The contractual partner or the guests attributable to him are jointly and severally liable to Peli for all damage caused by animals brought along. The damage also includes, in particular, all compensation services that Peli has to provide to third parties (including associated costs).
12. Extension of accommodation
If the contractual partner is unable to leave the hotel on the agreed departure day due to unforeseeable, exceptional circumstances and/or other reasons for which Peli is not culpably responsible, the accommodation contract, assuming availability, will be automatically extended for the duration of the impossibility of departure. In this case, Peli is entitled to charge for the additional period (i) a fee corresponding to the contract amount agreed for previous periods plus VAT, or (ii) the current accommodation price according to Peli’s prices valid in this period, whatever results from (i) or ( ii) is higher, to be offset.
13. Illness or death
13.1. If the contractual partner and/or one or more guest(s) attributable to him/her falls ill during the stay, Peli will, if possible, provide medical care at the contractual partner’s request at his/her expense. If danger is imminent, Peli will arrange for medical care even without the contractual partner’s special request, especially if this is necessary and the contractual partner is unable to do so himself. As long as the contractual partner is unable to make decisions or the contractual partner’s relatives cannot be contacted, Peli will, if possible, provide medical treatment at the contractual partner’s expense. However, the scope of these care measures ends at the point at which the contractual partner can make decisions or the relatives have been notified of the illness.
13.2. Peli is entitled to reimbursement of the following costs in particular from the contractual partner and the guests attributable to him (if of age), or in the event of death from the respective legal successor: outstanding medical costs, costs for patient transport, medication and medical aids, room disinfection that has become necessary, laundry that has become unusable, bed linen and bed furnishings, otherwise for the disinfection or thorough cleaning of all these items, restoration of walls, furnishings, textiles, etc., to the extent that they have been contaminated or damaged in connection with the illness or death. Furthermore, the accommodation price according to peli’s price list valid during this period must be replaced for any days in which the booked rooms cannot be used (e.g. due to disinfection). The contractual partner and the guests attributable to him (if of legal age) are in turn liable in solidarity.
14. Place of jurisdiction and choice of law
14.1. These general terms and conditions and the accommodation contract are subject to Austrian law, excluding conflict of law provisions. Provisions of the UN Convention on Contracts for the International Sale of Goods (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 his or her place of residence or habitual residence in Austria or is employed in Austria, legal action against the consumer can only be brought at the consumer’s general place of jurisdiction (residence, usual place of residence or place of employment of the consumer). In cross-border disputes between EuGVVO member states, jurisdiction for consumers is governed by Article 15 ff of the EuGVVO. If the defendant consumer has neither a place of residence nor an establishment within the meaning of Art. 15 Para. 2 EuGVVO in a member state, jurisdiction is determined in accordance with Art. 4 Para. 1 EuGVVO, subject to Art. 22 to 23 EuGVVO, according to national law.
14.4. Changes and additions to these General Terms and Conditions as well as to the (accommodation) contract can only be made in writing (via email is sufficient, as far as legally permissible). Unilateral changes or additions by the contractual partner are in any case invalid.
15. Protection of minors
15.1. Room reservations for young people under 16 are only possible when accompanied by a legal guardian.
15.2. Room reservations for young people between the ages of 16 and 19 are only possible with the written consent of the legal guardian, including a copy of the ID and contact details of the legal guardian.
16. Miscellaneous
16.1. If individual points of these General Terms and Conditions are or become ineffective, this will not affect the validity of the remaining provisions and the contracting parties undertake to replace the invalid provision with an effective one that comes closest to it in terms of its (economic) meaning and purpose. In the event of other regulatory gaps, the relevant legal provisions apply.
16.2. When calculating a deadline that is determined by calendar days, the calendar day in which the point in time or occurrence occurs, according to which the start of the deadline should be based, is not taken into account. Deadlines determined by week or month refer to the calendar day of the week or month whose 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 that month is decisive.
PELI’S TERMS AND CONDITIONS REGARDING EVENTS; SEMINARS AND EVENTS (July 202 version)
17. Scope
17.1. These general terms and conditions (hereinafter “GTC”) apply to all deliveries and services provided by IKE Athina in Greece, Kastri, registered under AFM 801407844, (hereinafter “Peli”) to the respective contractual partner who supplies and services from Peli (hereinafter referred to as “contractual partner”). The deliveries and services consist in particular of the provision of use of Peli’s premises for a fee, for example for seminars, meetings, presentations, conferences and other events, as well as all other related deliveries and services from Peli, such as the sale/provision of food and drinks, on the basis of the event contract concluded between Peli and the contractual partner (hereinafter referred to as the “event contract” in relation to all of the above-mentioned deliveries and services). Peli is entitled to have its deliveries and services carried out by third parties.
17.2. These General Terms and Conditions refer to the event contract concluded with Peli. The contractual partner’s general terms and conditions do not apply, even if Peli does not expressly contradict them. Counter-confirmations from the contractual partner with reference to their general terms and conditions are hereby contradicted.
18. Conclusion of contract and deposit
18.1. Peli’s offers on their website (pelikastri.com) are non-binding.
18.2. Bookings by the contractual partner and verbal agreements are only considered accepted or binding if they have been confirmed in writing by Peli via authorized representatives or expressly agreed via the booking platform in accordance with the procedure set out there. 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. Peli’s silence does not constitute consent. If the booking confirmation from Peli contains changes to the booking, these changes are deemed to have been approved by the contractual partner if he does not object to them within 24 hours. Peli assumes no responsibility or obligation to check for any errors made during the booking process unless the contractual partner corrects them promptly, but at the latest within 2 hours of receiving the booking confirmation.
18.3. If the customer concludes the contract on behalf of a third party, it is not he, but the third party who becomes Peli’s contractual partner. The customer must specifically inform Peli in good time and before the conclusion of the contract to send or hand over his written authorization for the specific conclusion of the contract and to 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 purchaser himself is considered the contractual partner and is liable for the fulfillment interest, regardless of the degree of his own fault.
18.4. Upon conclusion of the contract, Peli is entitled to demand an appropriate advance payment or a security deposit (e.g. in the form of a credit card guarantee or a deposit) of up to 100% of the agreed contract amount plus any VAT from the contractual partner. The amount of the advance payment or security deposit and the payment dates are determined by Peli. Unless otherwise agreed, the contractual partner is obliged to pay the security deposit no later than 90 calendar days (incoming) before the start of the first calendar day of the event (as defined below). In this case, the booking is only valid once the required security deposit/deposit has been received by the contractual partner at Peli, whereby the event contract in this case is only concluded when Peli accepts the booking again.
18.5. If the contractual partner defaults on making the deposit, Peli is entitled, regardless of the provisions in point 2.4 of these General Terms and Conditions, to terminate the relevant event contract after a further written request (email is sufficient) and setting a grace period of 5 bank days for important reasons for which the contractual partner is responsible Reason, justified. Such a termination is considered a cancellation by the contractual partner, so that Peli is entitled to charge the (no-fault) cancellation fees set out below. Further claims for damages from Peli remain unaffected.
18.6. Peli commissions third parties to offer food. They are entitled to unilaterally change the dishes offered, especially those containing seasonal products.
19. Contract amount/prices and payment conditions
19.1. All services from Peli that are requested by the contractual partner and are not expressly determined by the contract sum expressly stated in the event contract plus any sales tax will be invoiced separately at the Peli price list valid during the event period (list price).
19.2. The agreed contract sum is exclusive of statutory sales tax, local taxes and for the lowest applicable unit (persons, days, etc.). In the event of a change in the statutory sales tax or the introduction, change or abolition of local taxes on the agreed delivery item and after conclusion of the contract, the agreed contract sum plus any sales tax shall be adjusted accordingly; For contracts with consumers, however, only if the period between conclusion of the contract and fulfillment of the contract/event exceeds 3 calendar months.
19.3. Services specified in the event contract as “estimated” (or similar) (e.g. personnel expenses items) will be billed according to the actual effort. These are only estimates based on general experience and Peli does not actively point out any additional consumption. The event contract is therefore made up of fixed and variable items, which is why a reduction in the number of people does not mean a reduction in the price. .
19.4. The agreed contract amount plus any sales tax for the confirmed booking is binding, subject to the provisions in points 3.1 and 3.7 of these General Terms and Conditions. Any special prices or conditions that are temporarily advertised as a promotion do not apply to an event contract that has already been concluded, even if these special prices or conditions refer to the time of the event.
19.5. The costs incurred in addition to the contractually agreed services, such as telephone, drinks in the restaurant/bar and additional food and drinks ordered, must be paid by each event participant themselves and will be charged directly to the guest upon consumption. The contractual partner is jointly liable for this together with the respective event participant.
19.6. The contractual partner is generally not allowed to bring food and drinks to events. Exceptions require an agreement with Peli and its partners. In these cases, a contribution will be charged to cover overhead costs (stubble money).
19.7. If the period between booking and the first day of the event exceeds 3 calendar months, Peli is entitled to increase the agreed contract amount plus any VAT accordingly (for both fixed and variable fee components). In this case, the agreed contract amount changes in the same proportion as the consumer price index changes. The basis for securing value is the index number published for the month in which the contract was concluded (= 100); the reference index is the last published index before the start of the first calendar day of the accommodation in Peli.
19.8. Peli will inform the contractual partner in writing (via email is sufficient) of the desired price increase in accordance with the above provisions. The contractual partner has the right to withdraw from the relevant event contract in writing (via email is sufficient) within 3 calendar days of receiving written information if he does not accept the increased contract amount in accordance with the above provisions plus any VAT. Peli can 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 sales tax within 7 calendar days of receipt of the termination by the contractual partner in writing (email is sufficient) to the contractual partner .
19.9. The agreed contract amount plus any sales tax can also be changed by Peli if the contractual partner makes changes to the booking, in particular with regard to the number of guests and/or the duration of the event.
10/19 Peli always has budgetary control over the event; Subcontractor services are commissioned by Peli for the contractual partner, who must reimburse Peli for the associated costs and cash expenses accordingly. If the contractual partner insists on using its own subservice providers, Peli reserves the right to charge a reasonable fee of at least 10% for coordination and handling in accordance with the event contract. The name and contact person of the sub-service providers must be communicated to Peli in writing (email is sufficient) at least 3 weeks before the start of the first day of the event.
November 19th Peli’s payment claim is due immediately upon receipt of the respective invoice without deduction. Peli has the right to invoice or interim invoice for the deliveries and services provided at any time. An invoice is 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, default interest of 9% above the base interest rate per year applies to entrepreneurs as contractual partners and default interest of 5% per calendar year applies to consumers within the meaning of the Consumer Protection Act. This also applies to the costs and expenses of Peli towards third parties in connection with the booked deliveries and services, insofar as these costs and expenses have been specified in the event contract or have been approved by the contractual partner or are usually associated with the agreed deliveries and services.
12/19 The contractual partner undertakes to bear all reasonable and expedient costs and expenses associated with the collection of Peli’s claims, such as, in particular, collectively agreed collection costs or reminder costs, such as legal reminder letters. In the event of reminders, Peli reserves the right to charge a flat rate fee of €15 plus VAT for each reminder letter sent.
19.13. The creation of an overall invoice does not release you from paying the individual invoices on time. A delay in payment of even one individual invoice entitles Peli to withhold all further and future services and to make the fulfillment of the services dependent on a security deposit or down payment of up to 100% of the outstanding payment.
19.14. Payment as well as security deposits and down payments are due without deductions and without discounts. Costs of monetary transactions (e.g. transfer fees) are always borne by the contractual partner. The respective terms and conditions of the card companies apply to credit and debit cards. Peli is entitled to reject foreign currency, checks and credit cards. A refund for deliveries and services not used is excluded.
19.15. If the contractual partner uses a credit card for payment, even without physically presenting it (e.g. via telephone, Internet, etc.), the contractual partner is not entitled to revoke this charge from their credit card company in relation to Peli.
19.16. If the contractual partner refuses to pay the agreed contract amount plus any sales tax or is in arrears, Peli is entitled to the statutory right of retention and the statutory lien on the items brought by the contractual partner, whereby it appears to be agreed that all of them are in the contractual partner’s possession Items brought into rented rooms are his unencumbered property. Peli is also entitled to this right of retention or lien to secure its other claims arising from the event contract, in particular for meals, other expenses incurred on behalf of the contractual partner, and for any claims for compensation of any kind.
19.17. The contractual partner can only set off a claim from Peli if his claim is undisputed or has been legally established by a court. This applies analogously 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 contractual partner is obliged to pay the agreed contractual sum plus any additional amounts due to separate use of services by the contractual partner and/or the guests attributable to him, no later than on the last calendar day of the event (hereinafter “last calendar day of the event”) incurred, plus any sales tax. Unless otherwise expressly agreed in writing (via email is sufficient), the contractual partner and each of the guests attributable to him (if of age and actually ordered and consumed by him) are jointly liable for such additional amounts.
19.19. Peli only accepts euros.
19.20. Peli has the right to billing or interim billing for its deliveries and services at any time.
20. Use and handover of premises
20.1. The provision of rooms, e.g. for seminars, meetings, presentations, conferences and other events, is exclusively for the agreed event purposes, unless Peli has expressly approved an alternative use of the rooms in writing in individual cases. By concluding the event contract, the contractual partner acquires the right to the usual use of the booked rooms, but not of Peli’s other facilities.
20.2. The passing on or subletting of the provided premises to third parties as well as the free use of the provided premises by third parties is not permitted without the express prior written approval of Peli. The contractual partner must adapt his behavior in the area to the posted or published guest guidelines (“booklet”) and must also ensure and is liable that the guests attributable to him also do the same.
20.4. Agreed or waived room rents apply exclusively for the provision of rooms, unless otherwise individually agreed. Technical devices and their energy requirements are not included and will be billed separately.
20.5. Booked rooms are available to the contractual partner and the guests attributable to them exclusively for the booked period of the event. Any use beyond this requires the written consent of Peli and will generally only be granted for an additional fee. We reserve the right to make room changes to the extent that these are reasonable for the contractual partner, taking Peli’s interests into account. If the agreed start time of an event is postponed, Peli is entitled to invoice the contractual partner for all additional costs incurred as a result, unless Peli itself is culpably responsible for the postponement. If the premises are used for the first time before 3:00 p.m. without such permission for free prior use by Peli, the previous day counts as the arrival day. In this case, Peli has the right to charge the previous night at the current price.
20.6. Unless otherwise agreed, Peli has the right to assign booked rooms to someone else on the first day of the event, without the contractual partner and/or the guests attributable to him being able to derive any rights or claims from this, provided that the contractual partner or the guests attributable to him have not taken over the booked premises by this point. If the contractual partner has provided a security deposit and the rooms have been booked for an event lasting several days, the rooms will remain reserved until 12:00 noon on the calendar day following the first day of the event.
20.7. The booked rooms must be returned to Peli on the last calendar day of the event in Peli, cleared of the organizer’s and his guests’ own furniture, buildings and utensils. If this is not the case for reasons for which the contractual partner and/or the guests attributable to him are responsible, Peli is entitled to charge one calendar day of room rental at the current price as a contractual penalty (irrespective of fault) for each calendar day of the delay. Further claims for damages from Peli remain unaffected. Cleaning costs relating to contamination of the event premises that go beyond the usual level will be additionally invoiced to the contractual partner at an appropriate amount.
8/20 If the contractual partner announces his wish to extend the event or other deliveries and services from Peli in a timely manner, the latter can accept the offer of extension and the associated change to the event contract at its own discretion. Peli has no obligation to do so, so the contractual partner has no right to extend the event and/or change the event contract. Peli is entitled to adjust the agreed contract amount plus any sales tax in the event of such extensions, regardless of the contractual partner’s previous conditions.
20.9. The contractual partner must ensure that its employees and guests handle Peli’s premises and objects and the area with care.
20.10. The contractual partner may only bring objects such as structures, information signs and the like into the event premises after agreement with Peli. These items must be brought in strictly in accordance with Peli’s instructions (in particular, emergency exits must not be blocked, walls or glass surfaces must not be covered, etc.) and only for the agreed duration. The contractual partner must indemnify and hold Peli harmless for damages and claims caused by these items. Peli may remove, destroy and/or store any items left behind at the contractual partner’s expense and risk, unless it is documented in writing that these items will be stored for a defined period of time for the contractual partner for a separate fee.
November 20th If the contractual partner requests a change to the agreed seating type on the day of the event or a change to other prepared and transport arrangements that require at least 1 person from Peli outside the door, Peli reserves the right to reimburse expenses for the conversion in the amount of at least Euro 100.00 plus VAT raise.
21. Carrying out the event
21.1. In order to enable careful preparation by Peli and its partners, the contractual partner must inform Peli in writing (by email is sufficient) of the final number of participants no later than 14 days before the start of the first calendar day of the event. If the contractual partner announces a higher number of participants than the agreed number, this higher number of participants will only become part of the contract if Peli agrees to this in writing. If Peli does not agree in writing, the contractual partner is not entitled to hold the event with a higher number of participants. If Peli agrees, the billing will be based on the previous calculation bases and the new number of participants. If fewer participants actually take part in the event, there will be no reimbursement of any saved expenses.
21.2. Peli only guarantees that the event will run in accordance with the contract (in any case only to the extent expressly assigned to Peli’s responsibility according to the event contract) and that sufficient quantities of drinks and food will be provided by third parties if the specified number of people is not exceeded. If the procurement of additional food or drinks for a larger number of people involves additional costs, the contractual partner undertakes to cover the associated costs.
21.3. For events that go beyond 10 p.m. or begin before 8:30 a.m., Peli will bill and invoice the personnel expenses from this time onwards based on individual evidence. The contractual partner is liable to Peli for additional services to the guests attributable to him (unless included in the agreed contract amount) or to third parties in connection with the event.
21.4. For each event, the contractual partner must name in advance an authorized representative who will be present during the entire event and who will be the contact person for Peli employees. If this does not happen or does not happen at least one day before the event, Peli is entitled to make declarations to each of the contractual partner’s employees and to make agreements with them that are binding for the contractual partner.
21.5. The contractual partner must specifically name any defects immediately during the event and report the defect to the Peli employee responsible on site, with reference to the contractual agreement, otherwise any warranty and compensation claims are excluded. The defects must be documented on site.
21.6. The contractual partner must inform Peli in writing about the nature and course of the event no later than 3 weeks before the event. Unless otherwise agreed, the contractual partner undertakes to obtain any public permits or approvals necessary for his event, in particular in accordance with applicable laws, but also with regard to fire protection or other special regulations, at his own expense. The contractual partner is responsible for the lack of any approvals and will hold Peli harmless in this regard. Any requirements must be met at the contractual partner’s expense. No later than 3 calendar days before the start of the first calendar day of the event, Peli must be presented with the required permits and proof of compliance with the relevant requirements. If this does not happen, Peli is entitled to prohibit the event from taking place. Such a prohibition is considered a cancellation by the contractual partner, so that Peli is entitled to charge the (no-fault) cancellation fees set out below. Further claims for damages from Peli remain unaffected.
21.7. Peli is also entitled to end the event at any time if official requirements, other orders or a lack of approval and/or actions or omissions of the contractual partner, guests attributable to it or third parties require early termination. Point 5.6 last and penultimate sentences apply accordingly.
21.8. In the event that guests of the contractual partner disrupt other events taking place in and around Peli through improper behavior or endanger people or objects, Peli is entitled to expel these guests from the event premises.
9/21 An application for the event by the contractual partner is only permitted by email after the express written consent of Peli (also regarding the text and presentation of the application, with or without specific use of the name Peli, Peli Kastri, WISDOM*).
21.10. The contractual partner acknowledges that music may only be played within the scope of the existing operating facility approval notice. The contractual partner bears the fees and charges (licenses) to be paid and holds Peli completely harmless.
November 21st In order to prevent damage, the attachment and installation of decorative materials or other objects must be coordinated with Peli in advance and then carried out by qualified persons. All fire safety regulations and all other legal regulations must be adhered to. Exhibition and other items brought along, transport packaging, outer packaging and all other packaging materials must be removed after the end of the event. If the contractual partner does not comply with this regulation, Peli has the right to remove, dispose of and/or (if necessary) store the goods for a fee. If the removal involves disproportionate effort, Peli has the option of leaving the items in the premises and charging the respective room rent for the duration of their stay. Peli remains at liberty to prove greater damage.
12/21 If the contractual partner installs their own electrical systems, the written consent of Peli is required before connection to the power grid. The resulting electricity consumption is calculated according to the applicable supply and work prices as charged to Peli by the utility company. Peli is free to make a flat-rate recording and calculation. Malfunctions or defects in Peli’s technical systems and its facilities resulting from connection are at the expense of the contractual partner. Subject to written consent from Peli, the contractual partner also has the option of using its own telephone, fax and data transmission facilities. Peli can charge connection and connection fees for this. The contractual partner must ensure the operational safety of the devices and provide evidence of this upon Peli’s request.
21.13. If Peli procures technical or other equipment from third parties for the contractual partner, Peli acts in the name and on behalf of the contractual partner; The latter is liable for the careful treatment and proper return of these facilities and releases Peli from all third-party claims upon first written request. Peli’s liability due to late procurement or defectiveness of the purchased equipment is excluded.
22. Withdrawal from the event contract by the contractual partner or reduction of the scope of the contract – cancellation fee
22.1. If the event contract is canceled or the scope of the contract is reduced (which must in any case be made in writing, by e-mail is sufficient) after the event contract has been concluded, the contractual partner is, except in cases of force majeure and if Peli is culpably responsible, to provide the following services Payments are required as a “cancellation fee”. A complete or partial cancellation of the event contract or reduction of the scope of bookings by the contractual partner after conclusion of the event contract up to 3 months before the day of arrival at the latest is possible free of charge; However, any advance payments made beforehand remain with Peli and in this case the same amount applies as the applicable cancellation fee. Canceled room rentals and other deliveries and services can be awarded by Peli to third parties without the resulting advantage 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 sales tax if the cancellation of the event contract is received by Peli later than 80 calendar days from the beginning of the first calendar day of the event. For events that last 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 (even 1-day) event is not permitted; in this case the cancellation fee is 100% of the agreed contract amount affected by the cancellation of the event contract plus any sales tax and payments/bookings already made by Peli.
22.2. Peli remains free to assert further claims for damages. If partial payments/deposits have already been received, these will be retained and offset against the cancellation fee.
22.3. If the contractual partner subsequently reduces the number of people at a booked event, 100% of the agreed contract amount plus any sales tax will be invoiced. In the opposite case of an increase in the number of people, the contract amount will increase depending on the additional participants present in accordance with Peli’s valid 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 according to the conditions announced by Peli when booking.
22.5. In deviation from and in addition to the cases of (possibly partial) cancellation of the event contract or reduction of the scope of the contract described above, it is agreed that Peli is entitled to charge compensation for the following expenses in addition to the above-mentioned cancellation fees:
all third-party costs incurred by Peli in connection with the event contract and which were borne by Peli (pending the implementation of the contractually agreed supplies and services) and which are non-refundable;
all expenses paid by Peli in connection with the event contract;
all advance payments in an appropriate amount that Peli has made to third parties in connection with the event contract, insofar as these cannot be reclaimed; and
any cancellation fees charged by third parties in respect of Peli’s contractual obligations to such third parties in connection with the Event Contract.
The above-mentioned expenses will be offset against proof, as far as possible.
22.6. Any cancellation of the event contract or reduction in the scope of the contract must be announced in writing (by email is sufficient). Receipt will be confirmed in writing by Peli.
23. Withdrawal by Peli
23.1. If the event contract provides for a deposit and this deposit has not been paid by the contractual partner or has not been paid on time, Peli can withdraw from the event contract by setting a written grace period (email is sufficient) of no more than 3 calendar days.
23.2. According to the legal regulations, Peli is entitled to withdraw from the event contract or to terminate the event contract for good cause by setting a written grace period (via email is sufficient) of no more than 3 calendar days. An important reason is given in particular if:
the contractual partner does not provide a service that is due;
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), strike or other circumstances for which Peli is not responsible;
the contractual partner provides misleading or false information about himself and/or guests attributable to him;
the purpose or reason for the event is unlawful;
the contractual partner uses the name of Peli in advertising measures without prior written consent;
the contractual partner sublets the contractual premises in whole or in part without the written consent of Peli or otherwise leaves them for use by a third party;
the contractual partner or a person attributable to him makes significantly detrimental use of the rented rooms or through reckless, offensive or otherwise grossly improper behavior towards Peli or his employees or the guests or third parties staying in the hotel, spoils their stay together or behaves towards these people is guilty of a punishable act against property, morals or physical integrity, whereby attempt and reasonable suspicion are sufficient;
the contractual partner or a person attributable to him or her is affected by an infectious disease or an illness that extends beyond the agreed period of accommodation or otherwise requires care; or
the use of the booked deliveries and services is or may be, at Peli’s sole discretion, likely to endanger the safety or reputation of Peli in the public eye.
23.3. Peli’s claims for compensation for damage caused by the cancellation/termination of the contract remain unaffected.
24. Provision of a replacement event room
24.1. The contractual partner and the guests attributable to him have no right to use certain Peli premises. If the contractual partner is not a consumer, Peli can provide the contractual partner with an adequate replacement event room with an equivalent or higher standard if this is objectively justified and not entirely unreasonable for the guests attributable to the contractual partner.
24.2. An objective justification is given, for example, if the reserved rooms have become unusable, there is an overbooking for which Peli is not grossly responsible, or other important operational measures make this step mandatory.
24.3. Peli will immediately inform the contractual partner in writing (email is sufficient) no later than 7 calendar days before the start of the first day of the event about any necessary accommodation in alternative accommodation and will provide necessary travel from Peli to the alternative event room and back free of charge. In addition, the contractual partner and the guests attributable to the contractual partner are entitled to further compensation for additional expenses to the extent that they were causally caused by the spatial relocation to the named replacement event room.
24.4. If the contractual partner refuses accommodation in a replacement event room within 4 calendar days of notification by Peli in writing (again by email is sufficient), the event contract is deemed to be canceled and all payments made by the contractual partner up to this point in connection with the canceled event contract are within Within a week of the cancellation of Peli, the payment must be transferred back. In the opposite case, the alternative event room offered is deemed to be accepted by the contractual partner. Peli can also unilaterally avert such a withdrawal by the contractual partner if Peli waives the spatial relocation to a replacement event room resulting from the above provisions in writing (by email is sufficient) to the contractual partner within 24 hours of receipt of the contractual partner’s rejection of the same.
25. Rights of Peli
25.1. The cleaning of furnishings or other parts of the area that go beyond normal use in hotel premises, or the corresponding costs of repairing them and, if necessary, replacing them (at replacement value) can be invoiced by Peli to the contractual partner. The contractual partner and the guests attributable to him (if he is of legal age and directly personally responsible) are in turn liable in the debt.
25.2. Peli can ban the contractual partner and/or the guests attributable to him from entering the premises for justified reasons.
26. Liability of Peli for damage or loss of items brought in
26.1. The statutory provisions apply to items brought in by the contractual partner and/or guests attributable to him. Peli is liable within the framework of the legal provisions (and therefore depending on the requirements standardized there). However, the claim for compensation expires if the damage is not reported to Peli immediately upon becoming aware of it. Valuable items, money or securities can be deposited free of charge after prior written confirmation from Peli, otherwise Peli’s liability is excluded to the extent that such a deposit is reasonable. Peli may refuse to store valuables, money and securities, bags and cell phones without reason, especially if they are significantly more valuable items than contractual partners and/or guests usually provide for storage. The contractual partner and his or her associated guests undertake not to leave valuables unattended or to place them in places that are easily accessible to animals and people (in particular terraces, platforms, etc.). Peli holds itself harmless from any liability in this regard.
26.2. Items left behind by the contractual partner are not considered to have been kept by Peli or brought in by the contractual partner and will only be forwarded at the contractual partner’s request, risk and expense. Peli will store these items for a maximum of 3 months against reimbursement of costs or storage fees for third-party storage. They are then handed over to the local authorities, provided they have a recognizable value.
26.3. Peli does not provide insurance cover for items brought in, or only to a limited extent, in accordance with mandatory legal provisions. The conclusion of the necessary insurance is solely the responsibility of the contractual partner.
27. Liability of the contractual partner and Peli (unless in accordance with point 10 of these General Terms and Conditions above)
27.1. The contractual partner and the guests attributable to him (the latter, if of legal age and directly causally responsible) 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, which in turn are to the contractual partner and/or the Guests attributable to him are culpably responsible.
27.2. Peli’s liability towards consumers for minor negligence is completely excluded, with the exception of personal injury. Liability towards consumers for lost profits or other financial losses (including as a result of personal injury) in the context of minor negligence is also excluded.
27.3. Peli is liable to entrepreneurs for all legal and pre-contractual, main and ancillary contractual claims, with the exception of personal injury, in principle only in the event of intentional or grossly negligent behavior. Liability for lost profits, indirect damages and consequential damages is excluded from entrepreneurs, except in cases of gross negligence or intent. The amount of liability towards entrepreneurs, in the event of simple gross negligence, is limited to three times the value of the agreed contract amount, but in any case to the amount of Peli’s liability insurance available at the time.
27.4. Exclusions and limitations of liability apply equally to all companies used by Peli to fulfill 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 expire (i) 12 months from knowledge of the damage and the perpetrator, and (ii) in any case after the expiration of 12 months from the beginning of the first calendar day of the event, whatever from ( i) or (ii) is earlier. The statutory provisions apply to consumers under the Consumer Protection Act.
27.6. When using the accessible parking spaces for motor vehicles on the Peli site or in public parking spaces, this is at the contractual partner’s own risk or the guests attributable to him; Any liability on the part of Peli in this regard is deemed to be excluded.
28. Animal husbandry
28.1. Animals may only be brought into the Peli Kastri/Peli area with the prior written consent of Peli and, if necessary, for an additional fee.
28.2. The contractual partner or the guests attributable to him are obligated to properly store or supervise an animal brought along during the stay or to have it stored or supervised at his own expense by a suitable third party. Animals are not allowed to remain unattended on the premises. Dogs must wear a muzzle and a leash in all hotel areas.
28.3. The contractual partner or the guests attributable to him must have appropriate animal liability insurance or private liability insurance, which also covers possible damage caused by animals. Proof of the relevant insurance must be provided to Peli upon request. The contractual partner or the guests attributable to him are jointly liable to Peli for all damage caused by animals brought along. The damage also includes, in particular, all compensation services that Peli has 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 General Terms and Conditions and the event contract are subject to Austrian law, excluding conflict of law provisions. Provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) do not apply and are considered excluded.
29.2. The court in Vienna with jurisdiction over commercial matters has exclusive jurisdiction for all disputes arising from these General Terms and Conditions and the event contract or which relate to their violation, dissolution or invalidity.
29.3. If the event contract was concluded with a contractual partner who is a consumer and has his or her place of residence or habitual residence in Austria or is employed in Austria, legal action against the consumer in accordance with Section 14 Paragraph 1 KSchG can only be brought at the consumer’s general place of jurisdiction (residence, usual place of residence or place of employment). of the consumer). In cross-border disputes between EuGVVO member states, jurisdiction for consumers is governed by Article 15 ff of the EuGVVO. If the defendant consumer has neither a residence nor an establishment within the meaning of Art. 15 Para. 2 EuGVVO in a member state, jurisdiction is determined in accordance with Art. 4 Para. 1 EuGVVO, subject to Art. 22 to 23 EuGVVO, according to national law.
29.4. Changes and additions to these General Terms and Conditions as well as to the event contract can only be made in writing (via email is sufficient, as far as legally permissible). Unilateral changes or additions by the contractual partner are in any case invalid.
30. Other
30.1. If individual points of these General Terms and Conditions are or become ineffective, this will not affect the validity of the remaining provisions and the contracting parties undertake to replace the invalid provision with an effective one that comes closest to it in terms of its (economic) meaning and purpose. In the event of other regulatory gaps, the relevant legal provisions apply.
30.2. When calculating a deadline that is determined by calendar days, the calendar day in which the point in time or occurrence occurs, according to which the start of the deadline should be based, is not taken into account. Deadlines determined by week or month refer to the calendar day of the week or month whose 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 in this month is.
You can see the terms and conditions of the “Olive” page and the web shop on PELI OLIVE (alt.pelikastri.com)
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