Terms and Conditions

  Terms & Conditions

GENERAL TERMS AND CONDITIONS FOR Starlit Domes the heaven's view ACCOMMODATION

I.

 Area of applicability

1. These general terms and conditions apply for all services and deliveries by the Starlit Domes the heaven's view.

2. Should the Starlit Domes the heaven's view change its general terms and conditions before the termination of the contract, the updated version is incorporated into the contract if the partner to the contract is informed about this in writing with reference to these legal consequences and the partner does not object to the incorporation within a period of 14 days.

3. The customer’s general terms and conditions shall only form part of this contract if the Starlit Domes the heaven's view consents in writing to the incorporation in whole or for individually specified points.

II.

Conclusion of the contract

1. The contract (hereafter also referred to as the “booking”) comes into effect on request from the customer through the acceptance by the Starlit Domes the heaven's view. The Starlit Domes the heaven's view is free to confirm the booking in writing.

2. If a third party makes the booking for the customer, it is liable to the Starlit Domes the heaven's view as the booking party together with the customer as joint debtor.

III.

Services, prices, payment, billing

1.      The Starlit Domes the heaven's view is obligated to perform the services ordered by the customer and agreed to by the Starlit Domes the heaven's view.

2. The customer is obligated to pay the Starlit Domes the heaven's view the agreed prices for these and other services enlisted. This also applies for Starlit Domes the heaven's view services and expenses induced by it for third parties.

3. If the Starlit Domes the heaven's view rescinds with good cause, the customer has no claim for compensation.

4. The agreed prices include the current statutory GST. Should the rate of GST applicable to the contractual services increase or decrease after the conclusion of the contract, the prices shall be adjusted accordingly.

5. If the period between the conclusion of the contract and the fulfilment of the contract as defined by the contractual agreements exceeds four months and the general price charged for such services is increased by the Starlit Domes the heaven's view, this can increase the contractually agreed price as appropriate, but by 5 % at the most.

6. The Starlit Domes the heaven's view is entitled to increase the prices if municipal duties (culture tax, visitor’s tax, etc.) for the accommodation are increased. The price increase is limited to the costs of the abovementioned duties.

7. The Starlit Domes the heaven's view’s bills are payable immediately upon receipt of the bill without any deduction, unless other payment terms and conditions are expressly agreed. The Starlit Domes the heaven's view is entitled to render accumulated claims for payment at any time and to demand immediate payment. If payment is delayed, the Starlit Domes the heaven's view is entitled to claim interest for delay amounting to 10% above the base rate for companies and 5% above the base rate for consumers. The Starlit Domes the heaven's view is at liberty to prove that the damages are greater.

8. The Starlit Domes the heaven's view is entitled to demand upon conclusion of the contract an appropriate advance payment or security deposit in the form of a credit card guarantee or similar from the customer. If an advance payment is not made within the agreed period, the Starlit Domes the heaven's view can withdraw from the contract and claim compensation for damages.

9. In justified cases (e.g. outstanding payment by the customer or extending the scope of the contract) the Starlit Domes the heaven's view is entitled to demand an increase of the advance payment agreed in the contract or an increased security deposit amounting to the expected costs of the accommodation.

10. The Starlit Domes the heaven's view is further entitled to demand an appropriate advance payment or a security deposit from the customer at the beginning and during the customer’s stay, provided that such an advance payment or security deposit was not already paid in accordance with the above provisions.

11. The customer can only settle or lower a claim by the Starlit Domes the heaven's view with an undisputed or valid claim.

IV.

Room availability, delivery and return

1. The customer does not acquire any claim for the availability of a particular room, unless the Starlit Domes the heaven's view confirmed the availability of a particular room in writing.

 2. The available rooms are to be taken by 18:00 on the day of arrival. After this time the Starlit Domes the heaven's view can book out the rooms to others, unless the customer informed the Starlit Domes the heaven's view in advance and in writing that they would arrive later. The Starlit Domes the heaven's view is entitled to demand a guarantee for late arrivals.

3. On the agreed day of departure, check-out is at 10:00 at the latest. After that time the Starlit Domes the heaven's view can charge 50 % of the agreed price of the room for the additional use of the room up until 18:00, and 100 % from 18:00. Possible further claims for compensation for damages by the Starlit Domes the heaven's view are reserved.

V.

Withdrawal of the customer from the contract for accommodation

(cancellation, rescission)

Reservations can be made by paying 100% of the rent for entire stay. GST, as applicable, is payable extra.

Check in time is 12:00 PM and Checkout out time is 10:00 AM.

Cancellation/ Refund :

1.   Cancellation charges for cancellations done before 30 days from the scheduled date of check-in will be 10% of the room rent and 90% will be refundable.

2.   Cancellation charges for cancellations done between 16- 30 days from the scheduled date of check-in will be 35% of the room rent and 65%  will be refundable.

3.   Cancellation charges for cancellations done between 8 – 15 days from the scheduled date of check-in will be 50% of the room rent and 50% will be refundable.

4.   Cancellation charges for cancellations done between 1 – 7 days from the scheduled date of check-in will be 85% of the room rent and 15%  will be refundable.

5.   No cancellations will be allowed for current day bookings/ current day check-ins.

6.    On cancelation of booking the refund will be processed with in 5 -7 working days.Now after we do this, it will still take two(2) to four(4) days for the bank to process the refund and to show the refunded amount on your credit card.

VI.

Rescission by the Starlit Domes the heaven's view

1. If it has been agreed that the customer can rescind without incurring costs within a defined period, the Starlit Domes the heaven's view is also entitled to withdraw from the contract within this period.

 2. If an agreed advance payment or an advance payment claimed on the basis of these general terms and conditions is not paid by the due date, the Starlit Domes the heaven's view is also entitled to rescind the contract. Moreover, the Starlit Domes the heaven's view can claim compensation for damages from the customer.

 3. The Starlit Domes the heaven's view is entitled to rescind the contract with immediate effect if, for example,

 - acts of God and other circumstances which the Starlit Domes the heaven's view is not responsible for make the fulfilment of the contract impossible;

 - bedrooms and other rooms are intentionally booked using misleading or false statements about facts which are material to the contract, e.g. who the customer is or the purpose of the stay;

 - the Starlit Domes the heaven's view has justified reason to assume that the use of Starlit Domes the heaven's view services can put at risk the smooth operation of the business, the security or the public reputation of the Starlit Domes the heaven's view, unless this is attributable to the Starlit Domes the heaven's view’s sphere of responsibility;

- the purpose or reason of the stay is illegal;

 - there is an unauthorized sub-leasing or re-leasing contrary to III. 7. of these general terms and conditions;

 - the Starlit Domes the heaven's view is closed;

- proper accommodation and/or proper facilities for an event are not guaranteed because the Starlit Domes the heaven's view is being renovated;

 - the customer withdraws from a part of the contract in the case of a combined accommodation and event contract.

VII.

Defects, customer’s obligation to Starlit Domes the heaven's view

Should defects in the deliveries or services by the Starlit Domes the heaven's view arise or services are disrupted, the customer is to inform the Starlit Domes the heaven's view about this immediately after it is identified so that the Starlit Domes the heaven's view is able to remedy the fault as quickly as possible or provide the delivery or service as understood under the contract. If this is not possible because of the nature of the defect/disruption or other compelling reasons, notification of defects must in each case be made to the Starlit Domes the heaven's view on return of the rooms at the latest. The customer is obligated to keep damages arising to it as low as possible.

VIII.

Starlit Domes the heaven's view’s liability

1. The Starlit Domes the heaven's view is liable to carry out its contractual duties with the diligence of a prudent businessperson. Claims by the customer for compensation for damages are excluded. Excluded from this are damages arising from death, injury to body or health. Damages due to the intentional or grossly negligent breach of duty by the Starlit Domes the heaven's view are also not included in the exclusion of liability. The exclusion of liability also does not include damages arising from the breach of material contractual duties. Material contractual duties are those which are actually required to be fulfilled before the contract can be properly carried out and the customer may place constant trust in their fulfilment. Further, the strict liability imposed by the Produkthaftungsgesetz [law on product liability] remains unaffected as well as the liability arising from a guarantee potentially taken by the Starlit Domes the heaven's view. A breach of duty by the Starlit Domes the heaven's view has the same consequences for legal representatives or assistants.

2. If the customer is provided with a place to put the things in the Starlit Domes the heaven's view garage or in a Starlit Domes the heaven's view parking place, no contract for safekeeping is created.

 3. Claims by the customer against the Starlit Domes the heaven's view prescribe after a year from knowledge of the facts which found this claim. Claims for compensation for damages prescribe after 5 years whether or not knowledge of them is received. This shortening of the statutory periods of prescription does not apply in the case of culpable death, injury to body or in the case of liability under the product liability law.

XVI.

Final provisions

1. Alterations and additions to the contract for accommodation and events are required to be in writing to be effective. Waiving the requirement of writing is also required to be in writing.

2. The place of fulfilment and payment is the registered office of the Starlit Domes the heaven's view.

 3. The place where the Starlit Domes the heaven's view has its registered office is the exclusive jurisdiction for commercial issues. Provided that a party to the contract has fulfilled the requirements of § 38 para. 2 ZPO [Code of Civil Procedure] and has no general jurisdiction at in the country, the jurisdiction of the Starlit Domes the heaven's view’s registered office applies.

4. The law of the Federal Republic of Germany applies exclusively. The UN Convention on Contracts for the International Sale of Goods and provisions on conflict of laws does not apply.

5. Should individual provisions of the accommodation or event contract or individual provisions of these general terms and conditions for Starlit Domes the heaven's view accommodation and for holding events be or become ineffective, the effectiveness of the remaining provisions will remain unaffected by this. Moreover, the statutory provisions apply.