Terms and conditions

1. Scope The terms and conditions of the UPES DIŽVIETAS holiday resort apply to contracts for the rental of rooms, accommodation and all other services and supplies provided to the customer by UPES DIŽVIETAS. Terms and conditions of the customer only apply if this has previously been expressly agreed in writing. Terms and conditions of the contractor only apply if this has been expressly agreed in writing. 2. Conclusion of the contract and partners The accommodation contract (accommodation contract) comes about through the acceptance of the customer's application by the holiday complex. The holiday complex will confirm the room booking in writing. The use of the facilities is only possible within the respective opening times. The current opening times are displayed at the entrance and on the website. The resort reserves the right to change the opening times or to close facilities in whole or in part, especially due to renovations or events or if use for other reasons is not or only partially possible. 3. Statute of limitations The statute of limitations for claims for damages is in principle governed by the legal provisions of Latvia. 4. Services, prices, payments, offsetting The holiday complex is obliged to keep the rooms booked by the customer ready and to provide the agreed services. The customer is obliged to pay the prices of the holiday complex valid or agreed for the room rental and the other services used by him. This also applies to services provided by the customer and expenses of the holiday complex to third parties. The agreed prices include the respective statutory VAT or sales tax. If the period between conclusion and fulfillment of the contract exceeds 4 months and the price generally charged to the holiday resort for such services increases, this may increase the contractual agreed price reasonably, but not by more than 10%. The prices may be changed by the resort if the customer subsequently wishes to change the number of rooms booked, the performance of the resort or the length of stay of the guests and the resort agrees. Invoices of the holiday complex are to be paid according to the due date without deduction. The holiday complex is entitled to make any accrued claims due at any time and to demand immediate payment. Complaints regarding accounting are to be announced immediately after becoming known to the holiday complex. The form of accounting (recipient) must be announced to the holiday complex when the order is placed or at the latest by the end of the service. 5. Cancellation of the customer / cancellation and no-show A free cancellation of the customer from the contract with the holiday resort requires the written consent of the resort. A free cancellation of the contract is possible up to 14 days before arrival with direct bookings (e-mail or homepage). Cancellations must be made in writing. If this is not the case, then the agreed price from the contract is payable even if the customer does not use contractual services or a re-letting is no longer possible. The contractual relationship does not apply to the breach of the obligation of the holiday resort to take into account the rights, remainders and interests of the customer, if this is no longer reasonable by adherence to the contract or another statutory or contractual right of withdrawal. For rooms not used by customers, the holiday complex has to take into account the income from other rental of the rooms as well as the saved expenses. The customer is obliged to pay at least 80% of the contractually agreed price for the overnight stay. However, the customer is allowed to prove that the holiday complex has suffered no or substantially lower damage. 6. Resignation of the holiday complex If a free right of withdrawal of the customer within a certain period was agreed in writing, the holiday complex is in turn entitled to withdraw from the contract, if inquiries from other customers for the booked rooms are available and the customer on inquiry of the resort to his right of withdrawal does not waive , If the payment of the customer is not made even after the expiry of a reasonable grace period set for the holiday complex is also entitled to withdraw. If there is an objectively justified reason, the holiday resort is entitled to resign from the contract extraordinarily. In the case of justified resignation of the holiday resort, no claim of the customer for damages arises. 7. Room preparation and return If the holiday complex can not provide a prepared room (for example, due to damage, etc.), the resort is allowed to provide a spare room of the same category to guests. Any additional charges have to bear the resort. The holiday complex can then, if the customer on the agreed departure day, the rooms not provided vacated by 12.00 clock, due to the late clearance of the room for the contractually exceeding use by 16.00 clock, 50% of the full lodging price, from 18.00 clock 100 %. However, the customer is permitted to prove that the pension did not incur any or significantly lower damage. 8. Change in the number of participants A change in the number of participants must be communicated no later than 14 days before arrival; it requires the written consent of the resort Without the consent of the resort this is not required to take additional people. In this case, the agreed price is to be paid in full even if the room is not used. In case of a deviation upwards, the actual number of participants will be calculated. The holiday resort is entitled to agree to a deviation of the number of participants on the condition that the agreed prices are newly set and the confirmed rooms are exchanged. 9. Liability of the holiday resort The resort is liable with the care of a proper businessman for his obligations under the contract. Customer claims for compensation are excluded. This does not include damage resulting from injury to life, limb or health, freedom and sexual self-determination, if the holiday complex is responsible for the breach of duty, other damages that are based on an intentional or grossly negligent breach of duty of the resort and damages on a intentional or negligent breach of contractual obligations (so-called cardinal or core duties) of the resort touch. Furthermore, the compulsory liability under the Product Liability Act as well as the liability arising from a guarantee assumed by the holiday resort remain unaffected. A breach of duty of the resort is equal to that of a legal representative or vicarious agent. Should faults or deficiencies occur in the services of the holiday resort, the holiday complex will make every effort, with knowledge or immediate notice of the customer, to take remedial action. The customer is obliged to contribute to what is reasonable for him to remedy the disturbance and to minimize possible damage. 10. Jurisdiction The court of the city of Kraslava, Latvia is agreed for all contracting parties of the holiday complex and any pending court disputes. 11. Final provisions Should individual provisions of these general terms and conditions for the conclusion of accommodation contracts be ineffective, this shall not affect the validity of the remaining provisions. Instead of the invalid provision, an agreement that comes as close as possible here applies. Any deviation or agreement requires the written form.