1. Scope of application
These Standard Terms and Conditions (STCs) are applicable for all contracts concerning the rental provision of hotel rooms for accommodation concluded between MO London Hyde Park Limited (Operator), as the Operator of the Hotel, and third parties (Guests), and for all additional services and deliveries provided by the Operator (Accommodation Contract).
By making a booking the Guest offers to conclude an Accommodation Contract. In the case of appropriate availability of the booked room the Guest receives from the Operator a booking confirmation. Upon acceptance of the booking made by the Guest an Accommodation Contract is created between the Operator and the Guest.
The Operator’s offers in relation to available rooms are non-binding and subject to change. The Operator can at its own discretion refuse the conclusion of an Accommodation Contact.
There is no right to receive overnight accommodation in a particular room. The Operator retains the right to impose restrictions standard within the industry, such as minimum stays, booking guarantees or deposit payments for certain dates.
3. Cancellation rules
There is a guaranteed booking when the Guest confirms payment of the overnight accommodation service by providing a credit card number. A guaranteed booking can be cancelled free of charge until 6 p.m. on the date of arrival citing the booking reference. After 6 p.m. cancellation is excluded and the Operator is entitled to the agreed payment less any costs not incurred. The same applies if the Guest does not arrive (no show). In the case of a guaranteed booking for several days, in the case of a no show all the subsequent nights from and including the second night are cancelled and the Guest has no right to accommodation on the subsequent nights.
Simple bookings, i.e. bookings for which payment by the Guest is not guaranteed, are only held until 6 p.m. on the date of arrival. After 6 p.m. the booking is cancelled automatically and without charge. The Operator is entitled to rent a booked room to another guest.
4. Accommodation prices and other prices
The prices applicable are those published by the Operator at the time the contract is concluded. The applicable prices are overall gross prices and contain all statutory taxes, fees and charges. They do not include local charges which are payable by the Guests themselves in line with the relevant municipal law, e.g. spa taxes.
In the case of amendments to the levels of taxes, fees or charges, or an effective introduction of new taxes, fees and charges unknown to the parties up to this point in time, the Operator retains the right to adjust the prices accordingly. In the case of contracts with consumers this applies only if the period between contractual conclusion (booking confirmation) and contractual adjustment is more than four months.
5. Payment conditions
The price of the whole accommodation service booked is always payable by the Guest in advance, at the latest upon arrival in the hotel. Set-off by the Guest is excluded unless the set-off relates to an undisputed or legally confirmed claim. Valid means of payment are cash in Euros, EC card, Master Card, Visa Card, Diners Card and American Express. For payment settlement we use the 3D Secure 2.0 system for secure and additional customer authorisation. For further information on data processing for payment transactions see https://www.motel-one.com/en/data-privacy/.
6. Possibilities for use of booked rooms
Booked rooms are available to the Guest from 3 p.m. on the date of arrival and until 12 noon on the date of departure. Upon request and depending on availability it is possible to agree a later departure time (late check-out) with the hotel in advance. If the hotel agrees to a late check-out, the hotel is entitled to charge for the additional use of the room at the rate of EUR 10.00 per hour or partial hour. For departures after 3 p.m. the full daily rate will be charged. There is no contractual right to late check-out.
The resale/re-rental and/or transfer of booking rooms is permitted upon a prior written consent from the Operator only. The assignment or sale of the claim against the Operator is also not permitted. The Operator is in these cases entitled to cancel the booking, in particular if upon the assignment/sale the Guest has made untrue statements to the third party about the nature of the booking or the payment. Use of the hotel room for any purpose other than overnight accommodation is expressly forbidden.
8. Liability of the Operator
The Operator is liable for damage for which it is responsible arising from injury to life, limb or health. Additionally the Operator is liable for other damage which is caused by a deliberate or grossly negligent infringement of duty by the Operator and for damages based upon a deliberate or negligent infringement of contractually typical duties. An infringement of duty by the Operator is equivalent to that by its legal representatives, employees or vicarious agents. More extensive damage claims are excluded provided these STCs contain no provision to the contrary.
Should there be disruptions or defects in the services of the Operator, the Operator shall, upon becoming aware of these or in the case of immediate complaint by the Guest, make every effort to rectify these. The Guest is obliged to take all reasonable measures to assist the Operator in resolving the disruption and keeping damage to a minimum. The Guest is also obliged to inform the Operator in good time of the possibility that unusually extensive damage could be incurred.
The Operator is liable in accordance with the statutory provisions for items brought onto the premises. The claim expires if the Guest does not assert the claim against the Operator immediately after becoming aware of the loss, destruction or damage to the item brought onto the premises. If the Guest wishes to bring into the hotel cash, securities and valuables with a value of more than EUR 800 or other items with a value of more than EUR 3,500, this requires a specific written agreement with the Operator.
If the Guest is provided with a parking space in the hotel garage/car park, even for a fee, no contract of safe custody is created. The Operator has no duty of surveillance. The Operator is liable for all damage within the framework of the regulations of this Clause 8. The Guest is obliged to report any damage immediately, obvious damage in all cases before leaving the parking facility. The Operator is not liable for damage for which other users or other third parties are solely responsible.
All claims against the Operator expire in principle within one year of the statutory commencement of expiry. This does not apply to damage claims or other claims arising from injury to life, limb or health and/or due to a grossly negligent or deliberate infringement of duty by the Operator.
9. Ending of the Accommodation Contract
The Operator is entitled to cancel the Accommodation Contract on good grounds. There are good grounds in particular if (i) Acts of God or other circumstances for which the Operator is not responsible make contractual fulfilment impossible, (ii) rooms or spaces are booked with the culpable provision of misleading or incorrect details or if important facts are not disclosed; important facts can be the identity of the guest, the ability to pay or the purpose of the stay, (iii) the Operator has justified grounds to assume that provision of the service could endanger the smooth business operation, safety or reputation of the Operator and its hotels amongst the public without this being attributable to matters within the Operator’s control or organisational area; (iv) the purpose or reason for the stay is illegal; or (v) in the case of the resale/re-rental and/or transfer (as opposed to Clause 7).