1 General Terms and Conditions for the Three Little Birds Boutique Lodge, henceforth called ‘the Hotel’
Accommodation Contract
- SCOPE OF APPLICATION
1.1. These Terms and Conditions apply to contracts for the rental of rooms for lodging purposes, as
well as all other services and deliveries provided by the Hotel to the Customer.
1.2. The subletting or re-letting of the provided rooms and their use for purposes other than
accommodation require the Hotel’s prior written consent.
1.3. The Customer’s Terms and Conditions shall only apply if expressly agreed upon in writing in advance. - CONCLUSION OF CONTRACT, CONTRACTUAL PARTNERS, LIMITATION PERIOD
2.1. The contract is concluded upon acceptance of the Customer’s booking request by the Hotel. The
Hotel is at liberty to confirm the booking of the room in writing (by email or written letter).
2.2. The contractual partners are the Hotel and the Customer. If a third party makes the booking on
behalf of the Customer, that party shall be jointly and severally liable with the Customer for all
obligations arising from the accommodation contract, provided the Hotel has received a
corresponding declaration from the third party. - SERVICES, PRICES, PAYMENT, OFFSETTING
3.1. The Hotel is obliged to keep the rooms booked by the Customer available and to provide the agreed
services once a deposit or payment has been made. No room shall be held without a minimum 10% deposit
made at least 5 days before date of arrival.
3.2. The Customer is obliged to pay the Hotel’s applicable or agreed prices for the provision of the room
and the other services used by the Customer, this includes additional food, drink, and site tours.
This also applies to services and expenses incurred by the Hotel on behalf of the Customer with third parties,
such as accommodation for a guide or driver, and additional drinks outside of drinking water: such as sodas
or alcoholic beverages.
3.3. The agreed prices include the respective statutory value added tax (VAT). If more than four months
elapse between the conclusion of the contract and its fulfilment, and if the Hotel’s standard rates for
such services increase during this period, the Hotel may reasonably increase the contractually agreed
price. The same applies if the Hotel incurs additional costs due to official regulations requiring
special safety or hygiene measures, including those for the protection of guests.
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3.4. The Hotel may also adjust the prices if the Customer subsequently requests changes to the number
of rooms booked, the services to be provided by the Hotel, special dietary needs that require added expense
on the part of the hotel, or the duration of the guest’s stay.
3.5. Invoices issued by the Hotel without a specified due date shall be payable in full within 10 days of
receipt. The Hotel is entitled to declare outstanding claims due at any time, within 3 days of a guests’ departure
and demand immediate payment. In the event of late payment, the Hotel is entitled to charge the applicable
statutory default interest. The Hotel reserves the right to claim further damages to property or other areas, as
applicable.
3.6. The Hotel is entitled to demand a reasonable advance payment or security deposit upon conclusion
of the contract or thereafter, subject to the applicable legal provisions governing package travel. The
amount of the advance payment and the payment dates may be agreed in writing in the contract, usually
being 10% for four or fewer guests, and up to 50% for parties of six or more individuals, or families with more than
3 children, as this requires special preparation.
3.7. The customer may only offset or reduce a claim of the Hotel with an undisputed or legally binding
claim that is provided in writing, within 30 days of submission of the initial claim. - WITHDRAWAL BY THE CUSTOMER (I.E. CANCELLATION)/NON-UTILISATION OF
THE HOTEL’S SERVICES
4.1. A withdrawal by the Customer from the contract concluded with the Hotel requires the Hotel’s prior
written consent. If such consent is not granted, the agreed contractual price remains payable even if
the Customer does not utilise the contractual services. This shall not apply if the Hotel breaches its
duty to consider the rights, legal assets, and interests of the Customer to such an extent that it would
be unreasonable to expect the Customer to uphold the contract, or if the Customer is otherwise
entitled to a statutory or contractual right of withdrawal.
4.2. If the Hotel and the Customer have agreed in writing on a deadline for cost-free cancellation of the
contract, the Customer may withdraw from the contract up to that date without incurring any
payment or compensation claims from the Hotel. The Customer’s right of cancellation shall expire if
they do not exercise this right in writing by the agreed deadline unless a case such as that described
in clause 4.1, sentence 3, applies.
4.3. The Hotel is at liberty to demand the contractually agreed remuneration subject to a flat-rate
deduction for saved expenses. In such cases, the Customer shall be obliged to pay at least 90 per cent
of the agreed price for overnight accommodation with or without breakfast, and 80 per cent for
halfboard arrangements. The Customer reserves the right to demonstrate that the Hotel’s claim did not
arise or did not arise to the claimed extent. - CANCELLATION BY THE HOTEL
5.1. It is recommended that you take out travel cancellation insurance.
5.2. If the Customer has been granted a written right to withdraw from the contract free of charge within a
specific period, the Hotel shall likewise be entitled to withdraw from the contract during this period if
there are inquiries from other Customers regarding the reserved rooms and the Customer does not
waive their right of cancellation upon the Hotel’s request.
5.3. If an agreed advance payment or an advance payment demanded in accordance with clause 3.6
above is not made, even after a reasonable grace period set by the Hotel has elapsed, the Hotel shall
also be entitled to withdraw from the contract.
5.4. Furthermore, the Hotel is entitled to withdraw from the contract extraordinarily for objectively
justified reasons, for example, if:
- force majeure or other circumstances for which the Hotel is not responsible, e.g. official closure
orders, make it impossible or unreasonably difficult to fulfil the contract; 3 - rooms were booked with misleading or false information regarding material facts, e.g. the identity
of the Customer or the purpose of the stay; - the Hotel has justified cause to believe that the use of Hotel services could jeopardise the Hotel’s
operational integrity, safety – including health risks – or public image, without this being
attributable to the Hotel’s sphere of control or organisation; - there is a breach of clause 1.2 above.
5.5. In the event of justified cancellation by the Hotel, the Customer shall have no claim to compensation.
- ROOM PROVISION, HANDOVER AND RETURN/HOUSE RULES
6.1. The Customer shall not be entitled to the provision of specific rooms.
6.2. Booked rooms are available to the Customer from 3:00 p.m. on the agreed arrival day. The Customer
is not entitled to earlier availability.
6.3. On the agreed day of departure, the rooms must be vacated and made available to the Hotel by no
later than 10:30 a.m. After this time, the Hotel may charge 50% of the full accommodation price (list
price) for use of the room beyond the contractual period until 6:00 p.m. and 100% from 6:00 p.m.
onwards. This does not give rise to any contractual claims by the Customer. The Customer is free to
provide evidence that the Hotel incurred no loss or a significantly lower loss as a result of the delayed
vacating.
6.4. The guest is obliged to comply with the house rules in effect at the Hotel. In the event of violations of
the house rules, the Hotel reserves the right to terminate the contract without prior notice. In the
event of cancellation, the Hotel maintains its claim to full remuneration. Any expenses saved shall be
deducted from the remuneration claim.
6.5. Smoking is not allowed throughout the hotel area – except in designated smoking areas (gazebo
and outdoor dining areas). Should a guest break the smoking rules, the hotel staff will be entitled to
warn and call him/her to stop. Smoking within rooms or other unapproved areas could result in additional
cleaning fees or other charges to the Guest.
6.6. Please respect other guests’ peace. All guests are requested to be quiet between 2200 hrs
and 0700hrs, every night.
6.7. Guests are obliged to hand over any abandoned article found at the hotel to the reception staff.
6.8. The hotel is obliged to keep forgotten items for 3 months. Abandoned foods, medicines, perishable
goods are destroyed by the hotel staff. If you believe you have forgotten or left an item behind, please contact
us and we will work to return your missing item at the reasonable cost required to ship or mail the item to you.
6.9. The Hotel assumes NO responsibility for valuables left behind or left unattended in rooms. - REFUSAL TO FULFILL THE CONTRACT, CEASE OF THE OBLIGATION TO RENDER SERVICE
7.1. The Service Provider is entitled to terminate the Contract on providing accommodation with
immediate effect and consequently to refuse to render the services, if:
a) the Guest misuses the available hotel room or the establishment
b) the Guest’s attitude towards the safety, order of the hotel, and the employees thereof is
reprehensible, his/her behaviour is rude, or the Guest is under the influence of alcohol or drugs, or
shows a threatening, offending or otherwise unacceptable behaviour.
c) the Guest has an infectious disease and either refuses to take basic health and safety precautions
or the risk of spreading infection, by nature of the disease, is a hazard to the health of others.
d) the Guest fails to meet his/her advance payment obligation stipulated in the Contract until the
set deadline.
7.2. Should the Service Provider be unable to meet its obligations arising from the present
contract because of a case of “vis major”, the contract will cease and even in such a case the
parties will have to settle accounts with each other in respect of the period not affected by such vis
major - CHILDREN AND MINORS (individuals under the age of 18 years)
8.1. The HOTEL requires every booking and each room to have a responsible adult, defined as an individual over
the age of 18 years, of sound mind and capable of supervising minors during the duration of the stay. Any minor
under the age of 18 who attempts to stay without a responsible adult present will find their booking cancelled and
the appropriate authorities contacted to ensure the safety of the child.
8.2. Children must be supervised at all times on the property, including in dining areas, designated outdoor play areas,
parking areas, fire pit, while on a site tour or village tour, and within Hotel rooms.
8.3. The Hotel is a family-friendly establishment but takes no responsibility or liability for minors. All adult guests agree
to adequately supervise minors listed on the booking for the duration of the stay, and agree that there are natural dangers
given the location of the lodge, near wilderness and conservation areas. Adult guests agree to properly supervise
children at all times, including in the privacy of the rooms.
8.4. The Hotel agrees to provide adequate bedding options for children, depending on age: crib or cot, pack-n-play style cot,
or a bed with with raised sides for young children.
An infant bathtub and infant feeding chair are also available, upon request. - ANIMALS
9.1. The Customer is not permitted to bring animals into the Hotel unless the Customer receives the
Hotel’s written authorisation.
There are wild animals in the vicinity, including hyenas, street dogs, and venomous snakes. It is not advised to
bring any animal, even service animals, on the premesis unless explicit precautions have been taken in advance,
which would be in writing and planned a minimum 3 weeks (21 days) in advance.
9.2. If the Customer brings animals into the Hotel despite the above prohibition, the Hotel is entitled to
terminate the contract with the Customer without prior notice. The Hotel’s claim to full remuneration
remains unaffected in this event. Any saved expenses shall be offset against the claim.
9.3. A Customer who brings an animal is required to ensure the animal is properly supervised and housed
throughout their stay, either personally or via a suitable third party at their own expense.
9.4. A Customer bringing an animal must have appropriate animal liability insurance or personal liability
insurance that also covers possible damage caused by animals. Proof of such insurance must be
provided upon request by the Hotel.
9.5. The Customer or their insurer shall be liable to the Hotel for any damage caused by animals brought
onto the premises, including, in particular, compensation the Hotel may owe to third parties and any
resulting damages.
9.6 Animals are not permitted in the main restaurant or the wellness area. - LIABILITY OF THE HOTEL
10.1. The Hotel shall be liable for its obligations under the contract with the diligence of a prudent
businessperson. Claims for damages by the Customer are excluded, except for damages resulting
from injury to life, limb, or health, where the Hotel is responsible for the breach of duty; other
damages caused by an intentional or grossly negligent breach of duty by the Hotel; and damages
resulting from the breach of material contractual obligations due to intent or negligence. A breach of
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duty by a legal representative or vicarious agent of the Hotel shall be deemed equivalent to a breach
by the Hotel itself. Should disruptions or deficiencies in the hotel’s services occur, the Hotel shall
make every effort to remedy them upon becoming aware of the issue or upon immediate notification
by the Customer. The Customer is obliged to make reasonable efforts to assist in remedying the
disruption and to keep any potential damage to a minimum.
10.2. The Hotel is liable to the Customer for items brought into the Hotel in accordance with the statutory
provisions, i.e. up to one hundred times the daily room rate, up to a maximum of €25,000.
Liability claims expire unless the Customer notifies the Hotel without undue delay upon becoming
aware of the loss, destruction, or damage (§
703 ABGB). The provisions in clause 10.1, sentences 2 to 4, shall apply accordingly to any extended
liability.
10.3. If the Customer is allocated a parking space – whether in the Hotel’s designated car park or outdoor
parking area, including for a fee – this does not constitute a safekeeping agreement. The Hotel shall
not be liable for the loss of or damage to motor vehicles parked or manoeuvred on Hotel premises, or
their contents, except in cases of intent or gross negligence. Clause 10.1, sentences 2 to 4, shall apply
accordingly.
10.4 The Hotel shall not be liable for any issues, delays or costs associated with tours or visits unrelated
to those listed on our website (such as nature hikes carried out independently, or any other activities
outside of those offered by the Hotel). Guests who enter into contracts with independent companies or
tours do so at their own risk.
10.5. Messages, mail, and consignments of goods for guests shall be handled with care. The Hotel shall
handle the delivery, storage, and – upon request and for a fee – the forwarding of such items. Clause
10.1, sentences 2 to 4, shall apply accordingly. - FINAL PROVISIONS
11.1. Amendments or additions to the contract, the acceptance of applications, or these General Terms
and Conditions for Hotel Accommodation must be made in writing to be effective. Unilateral
amendments or additions by the Customer are invalid.
11.2. The place of performance and payment is the registered office of the Hotel.
11.3. The exclusive place of jurisdiction for all commercial disputes – including those involving cheques
and bills of exchange – shall be the registered office of the Hotel.
11.4. Tanzanian law shall apply. The application of the UN Convention on Contracts for the International Sale
of Goods and the conflict-of-laws provisions are excluded.
11.5. Should individual provisions of these General Terms and Conditions for Hotel Accommodation be or
become invalid or unenforceable, this shall not affect the validity of the remaining provisions. In all
other respects, the statutory provisions shall apply.
All guests or third-party agencies who book accommodations with Three Little Birds Boutique Hotel agree to these terms and conditions without reservation. Payment of deposit or full payment of a room is taken as acceptance of these terms and conditions.