ROCHTAINE GENERAL TERMS & CONDITIONS
Please note that the general terms and conditions are Rochtaine’s following terms and conditions. Each property rental and service request comes with a specific contract that will provide full terms and conditions of your stay with us. If you would like information on this, please get in touch with us at info@rochtaine.com
1 SCOPE AND VALIDITY
1.1 SCOPE
Rochtaine LTD is a private company registered 5th/6th floor, the Malting Tower, Grand Canal Quay, Dublin 2, D02 HW27, Ireland, company registration number 698323, and operating under the name or trademark of Rochtaine, is referred to hereafter as “Rochtaine”.
These Terms and Conditions (T&Cs) of Rochtaine (hereinafter referred to as “Rochtaine”) apply to any offer, booking, and contract entered into between Rochtaine and its clients, rental party and or guests. (hereinafter referred to as “Clients or Client.”
Notwithstanding any reference to the contrary, any reference to clients’ T&Cs (if applicable) shall be disregarded.
These T&Cs are valid as of 01/07/2022 and may be updated from time to time. In this case, you shall be informed about any such update on our website. Your further access and use of our services shall then be subject to the latest version of our T&C; provider. However, any booking made shall be subject to the T&Cs applicable when your booking was made.
1.2 VALIDITY
By signing or paying the contract/booking confirmation or agreeing (by any means) to the reservation, the client accepts these T&Cs. This is mentioned at the top of the document, but if there is an electronic or verbal agreement, this agreement remains in force.
2 RESERVATION
2.1 OPTION
The information regarding a granted option for a tentative booking is binding on both parties, i.e. Rochtaine and the prospective client. Assuming the option is not confirmed by a formal reservation and/or payment for such booking by clients within the deadline expressly communicated to the prospective clients, Rochtaine may dispose of the provisionally booked property.
2.2 RESERVATION CONDITIONS
2.2.1 INDIVIDUAL CLIENTS,
Unlike an option, once a booking has been made by a client and confirmed in writing by Rochtaine, it is deemed final and binding on the client. It cannot be revoked unless otherwise expressly provided for or agreed upon in written form by Rochtaine. Reservations must be guaranteed using a bank transfer and become legally binding on Rochtaine only upon receipt of cleared funds.
If the client wishes to make any changes after confirmation by Rochtaine, such changes must be agreed upon in writing by the parties.
2.2.2 GROUPS
In the case of the agency or company handling the booking (“Agent”), the client is responsible for informing Rochtaine of the firm and the final number of travellers in the group as early as possible but no later than 10 days before the group’s arrival. Unless otherwise expressly accepted in written form by Rochtaine, the agent shall be considered the client and liable towards Rochtaine as to the client’s obligations contemplated in these T&Cs (including payment, potential damage resulting from the travellers’ stay, etc.)
2.3 MINIMUM NUMBER OF DAYS
Rochtaine reserves the right to require a minimum number of days from its clients, depending upon the period of the year (such as for instance, Bank Holidays, Christmas or New Year’s Eve). The minimum stay requirements will be outlined in the client’s rental agreement.
3 STAY
The duration of stay is mentioned in the contract. The client cannot, in any way or manner, authorise himself a late departure or prolongation of stay, approval of agency excepted, with an extra fee, that will be fixed at a pro-rata stay rate. The former declares not to rent the property mentioned in this contract rented to him as provisory accommodation, a significant condition for rental approval.
3.1 TIMES OF ARRIVAL AND DEPARTURE
Each property will communicate check-in and checkout times upon booking confirmation. Early and late checkout may result in additional costs.
3.2 SERVICES AND AMENITIES
Services and prices are, in each case, included in the rental agreement.
3.3 PARKING
Parking is available to our clients free of charge. The number of car parking spaces may vary depending on the property and will be included in the rental agreement. Please note that Rochtaine cannot be held responsible for any damage caused to vehicles in the parking places or garaged areas.
3.4 PETS
Pets are welcome at designated pet-friendly Rochtaine properties at an extra charge. However, they are not permitted in the spa areas. Rochtaine reserves the right to invoice the client for any damage the pet may cause. Rochtaine reserves the right to refuse a pet at its entire discretion.
3.5 ROCHTAINE SPA SERVICES
Rochtaine is not responsible for any health issue that may arise from a SPA treatment or use of the spa area. However, clients are responsible for informing the SPA team of any health-related issue that may impact any aspect of a SPA treatment and/or adversely affect them.
Prior booking is required for all spa treatments, and availability cannot be guaranteed.
3.6 DRESS CODE
Please dress appropriately in our properties. Rochtaine reserves the right to only allow access to guests following our dress code.
3.7 SMOKING LIMITATION
The smoking limitations are described for each property, and Rochtaine reserves the right to charge a cleaning fee should our policies be breached.
4 RATES AND METHODS OF PAYMENT
The contract price is the price established at the time of booking. Our prices are in Euros (EUR) (excluding value-added tax and any resort fees or local taxes at your destination location).
4.1 PAYMENT AND CONDITIONS
Payment for bookings must be paid in advance via bank transfer. American Express, Mastercard, Visa. And cheques are not accepted. Our bank details can be found on each offer/invoice. All bank fees and currency exchange fees are the client’s responsibility. Any additional extra services requested during the client’s stay are due at the latest at the time of the client’s departure and may be paid by credit/debit card or in cash.
To be valid, the booking must come with all the items mentioned below:
A part payment equal to 50% of the rental cost. Expressly agreed on by the parties, it is understood that this sum is paid as a part payment and not as a down payment. Two signed copies of the rental agreement. The rental cost balance must be paid by two months before the start of the stay in the rented accommodation. If the balance remains unpaid within one month before the arrival date, Rochtaine will have the right to cancel the reservation.
The rental cost must be paid in full, in a single payment, on the day the booking is made if the accommodation is booked two months or less before the start date of the stay. All our rates are in euros, including taxes, rent, filing fees, and rental charges. The client undertakes to accept the rented premises on the dates and times established in the contract. The keys will be given after the payment of the Deposit, holiday tax and the payment of other bookings.
If the Deposit is said to be cashed in on the contract, it will be paid at the exact moment as the balance, one month before arrival. Rental cost does not include: – Tourist tax (rate per day per person and depending on the type of property) – All additional requested products and services, including catering and auxiliary services: airport transfers, ski equipment, ski passes, etc. – Banking costs, if any, are to be paid by the customer (For the payments with bank cards exceeding the accumulated €5000, banking charges of 1% of the collected amount will be charged.
4.2 SECURITY DEPOSIT
A deposit amount must be prepaid for any potential damage. It will be refunded by bank transfer or card upon routine verification after checkout or within ten business days, absent any such damage. The deposit amount will be set out in your rental agreement.
4.3 DEFINITIONS OF PAYMENT TERMS
Deposit = Deposit for damages, refunded upon departure or used for extras if needed.
APA = Advance payment for incidentals (like concierge services, Food, SPA etc.); rest refunded upon departure.
Booking payment = Advance payment towards accommodation.
APA: An amount of EUR 200 per adult per day and EUR 50 per child below 12 years old will be added for incidentals. Any (or all) remaining amount at the end of the stay will be immediately refunded to the client by bank transfer or card upon checkout.
The Deposit is paid to settle the cost of any damage that might have been incurred by the rented real estate property or by furniture or other items furnishing the rented premises and to settle the various expenses.
This Deposit will be kept until the departure of the client and the inventory is validated. Then, it can be cashed in. The Deposit will be made at the latest on the day of the client’s arrival. Payment can be made by bank card by bank transfer, according to the amount marked in the special provisions of the contract. If the Deposit is specified as “charged” in the special conditions of the agreement, it will have to be paid by transfer one month before the arrival with the balance. This sum will be returned within 21 days following the customer’s departure once the amount has been deducted for any objects replaced, repair costs, additional housekeeping and extra food and drink consumed. Should the guarantee deposit prove insufficient, the client undertakes to complete the sum if requested.
5 CANCELLATION CONDITIONS
5.1 PAYMENT TERMS
The standard cancellation conditions are outlined in each contract. Per default and if not mentioned, there are no refunds once the booking payment is paid and/or the full prepayment is done, whichever comes first.
5.2 CANCELLATION OF OUTSOURCED SERVICES
Rochtaine will re-invoice any cancellation fee for outsourced services.
5.3 CANCELLATION CLAUSE
Cancellation more than 90 days before departure: 40% of the total price.
Cancellation from 89 to 51 days of departure: 75% of the total price.
Cancellation – within 40 days of departure: 100% of the total price.
The client must make any cancellation by email to Rochtaine, and the date of receipt of the email benign taken as proof.
The booking agreement may be cancelled as of right by Rochtaine, without giving rise to the payment of damages to the client, in case of Force Majeure or if the property becomes inoperable in accordance with commonly accepted accommodation industry standards due to a cause not attributable to Rochtaine, in particular in cases of late opening or non-opening (natural disasters, road closures), as well as in the case of non-payment by the client. The payment made by the client shall then be fully refunded within five business days of such cancellation.
6 RESPONSIBILITIES
6.1 ROCHTAINE’S RESPONSIBILITY
Rochtaine refuses to accept any liability for theft or damage to property brought in by clients their guests, event participants or third parties. Therefore, the owner is responsible for the insurance of exhibits and other items brought in by clients, event participants or third parties.
Rochtaine is liable only for direct damages due to deliberate or grossly negligent contractual or non-contractual conduct. Any further liability (particularly for minor or medium negligence or indirect damage such as, in particular, loss of profit) shall be ruled out.
6.2 RESPONSIBILITY FOR OUTSOURCED SERVICES
Rochtaine refuses to accept any liability for any activity, excursion and (without limitation) transportation that is outsourced. Rochtaine will organise any request from the client as long as they are legal and ethical. The Rochtaine concierge team will do its utmost to fulfil its client’s requests, subject to limitations preventing fulfilment.
The present limitation of responsibility covers but is not limited to in-house services and any other Rochtaine-branded outsourced services.
6.3 THE CLIENT’S RESPONSIBILITY
The client is solely responsible for any destruction, damage or harm caused by the client or a person under the client’s responsibility and must repay any repair and replacement costs. The client is obliged to keep peace and order, and Rochtaine will not tolerate verbal or physical abuse towards its staff and partners. Note that Events and private parties must only be done within the limit of the local authorities’ noise regulations, and it is the client’s full responsibility to be aware of these. We will not tolerate any disturbance to our neighbours. Clients shall indemnify Rochtaine in full against all claims under civil or public law made against Rochtaine by authorities or third parties (including event participants, guests or the client’s employees and contractors) as a result of their event or else pay for any corresponding losses in their entirety. The client is also responsible for having all insurance in cases of illness and accident during their stay. As a last resort, Rochtaine reserves the right to expel a client without a refund and/or to report it to the authorities.
1- Occupy the premises in a temporary way. This building is not his main or secondary residence, and the client will not exercise professional activity on the premises. 2- The client undertakes to accept the rented premises in the condition they are in when he/she takes possession of the premises, as described in the description attached to the contract. 3- Occupy the premises in a subtle way to avoid disturbing the neighbours. He shall not create, in particular, any noise nuisance, 4. The client undertakes to use the furniture and objects furnishing the rented accommodation for the purpose for which they are intended and on the premises where they are found. He/she shall not under any circumstances take them outside the rented accommodation. 5- The contract shall be legally terminated should the client, for any reason whatsoever, let or transfer his/ her rights to this contract without the express consent of the owner or of his authorised agent. He or she must reside in the rented accommodation in a conventional manner and may, under no circumstances, store their furniture with the exception of linen and small objects. 6- Keep the premises in the same state they were found during the stay. 7- The client shall not introduce any pets into the rented accommodation without the agency’s express consent, who shall first consult the owner for his/her agreement. 8- Let the agency know if there is any maintenance to do. 9- The client must let any urgent work be carried out on the premises required to ensure the upkeep of the rented accommodation and of the shared facilities. If works to be done are owed to a deterioration assigned to the tenant, they will be invoiced to the tenant. 10- Furniture and objects must only suffer from wear and tear resulting from the normal use for which they are intended. Should they be found to be missing or damaged on the expiry of this contract for a cause other than normal wear and tear, they must be paid for or replaced by the client with the consent of the owner or of his authorised agent. This obligation also applies to wallpaper, curtains and to the building in general. The client must absolutely not discard any objects likely to block the pipes into the washbasin, bath, bidet, sink, laundry, WC, etc. Otherwise, he shall be charged for the expenses incurred to make the necessary repairs. 11- In the event of rental in an apartment block, as an occupier of the premises, the client shall comply with the in-house regulations of this apartment block with which they acknowledge they are familiar. 12- Golf buggy. Use of any golf buggies is governed by The Rochtaine Golf Buddy Policy.
7 DATA PROTECTION
Privacy rights are important to us. Rochtaine shall use your information to provide you with the required services. The personal data provided to us by you shall be used solely for our purposes and shall not be sold, leased, exchanged or made available in any other form to third parties apart from Rochtaine and its partners in and outside of Ireland. We undertake to treat your data in accordance with the Data Protection Acts 1988-2018. The responsible contact for GDPR in Rochtaine is Marta Manasik– info@rochtaine.com.
As part of the booking process, your personal data are relayed abroad, where they are stored and processed. Personal data may be stored, forwarded and processed abroad in accordance with the Data Protection Acts 1988-2018.
Rochtaine would like to point out that data transmission via the Internet (e.g. through email communication) may involve security gaps. In this context, we cannot guarantee the absolute protection of your personal data against third-party access. Rochtaine cannot accept any liability for data transmission via the Internet. The client has the right at all times to receive information free of charge on the personal data stored about them, the origin and recipients thereof and the purpose of the data processing, as well as a right to correction, blocking or deletion of these data, provided storage thereof is not required by law. The client may address Rochtaine regarding this and other questions about personal data.
Important notice about privacy when communicating with us via messaging platform:
Rochtaine shall not accept any liability regarding privacy or loss of data for the use of messaging platforms, including but not limited to WhatsApp, WeChat, and others. This includes any client’s employees or agents communicating with Rochtaine before, during and after the stay.
8 APPLICABLE LAW
Subject to mandatory statutory requirements, the legal relationship between Rochtaine and the client is governed by Irish law. Any dispute arising out of or related to these T&Cs shall be submitted to the exclusive jurisdiction of the courts in Ireland.
9 CONTACT FOR CUSTOMERS
Any questions or issues regarding booking, payment or else can be referred to:
Address: Rochtaine, 5th/6th floor, the Malting Tower, Grand Canal Quay, Dublin 2, D02 HW27, Ireland. Email: info@rochtaine.com Telephone: +353 (1) 485 3892
10 SPECIAL LIMITATIONS TO ROCHTAINE
10.1 INCLUSIONS LIMITATIONS
Specific terms agreed and binding between the Client and Rochtaine shall be found on the initial offer and invoice(s) as well as any written exchange between the parties. Any additional requests that our in-house staff may not handle will be outsourced and invoiced accordingly.
10.2 OUTSOURCED SERVICES INVOICING
All outsourced services will be recharged to the client at costs plus potential expenses and disbursements to render the service, plus a service charge of 15%. Rochtaine shall not be responsible, nor can it guarantee the processing of VAT refunds. Rochtaine shall not be substituted to any guarantee of the purchased item that may apply.
10.3 FOOD AND BEVERAGE LIMITATIONS
For properties that include a private Chef and service staff, unless otherwise agreed by Rochtaine and the client, will be provided and chosen by Rochtaine. Any other specific request will be charged accordingly.
The Rochtaine breakfast or any other meals if included in the package (details upon request) will be created by our Food and Beverage Team. Any additional requests will be invoiced accordingly.
Our team will prepare any other meals, and the groceries will be charged at cost.
Any alcoholic beverage is charged according to our price list that will be shared before or on arrival.
10.4 HOUSEKEEPING LIMITATIONS
As per the contract, and for Rochtaine, we provide housekeeping once daily
10.5 TRANSPORTATION LIABILITY
Rochtaine has no liability in the transportation services offered or outsourced, including injuries, death, delays and consequences that may arise.
11 INSURANCE
Rochtaine encourage all clients to purchase traveller insurance in case of unforeseen circumstances, accidents or other issues that may prohibit Guests from travelling or fulfilling rental terms.
12 LIMITATION ON LIABILITY.
Rochtaine is not responsible for any accidents, injuries, or illness that occur to its clients or any member of the Clients Party or Guest’s visitors while on the Property or on the Property. Rochtaine is not responsible for the loss of personal belongings or valuables belonging to any client or member or guest’s visitors. Client agrees to assume the risk of any harm arising from the use of the Property. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL ROCHTAINE BE LIABLE TO THE GUEST OR ANY OTHER PERSON FOR ANY DAMAGES OF ANY NATURE WHATSOEVER INCLUDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR GUEST’S RENTAL OF THE PROPERTY OR USE OF THE PROPERTY. IN NO EVENT WILL ROCHTAINE BE LIABLE FOR ANY DAMAGES IN CONNECTION WITH THIS AGREEMENT, EVEN IF ROCHTAINE SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE
13 INDEMNIFICATION
Client acknowledges that the use of the Property by the Client and Client’s Guest’s or visitors is entirely at their own risk. The Client will indemnify and hold harmless Rochtaine from any and all expenses, costs, damages, suits, actions, or liabilities whatsoever arising from or related to any and all loss of or damage to personal property, injury or death resulting from the use or occupancy of the Property or the failure of any member.
