Our Terms and Conditions
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General Terms and Conditions
At Kitchen 59 we are part of an international environment, we meet and house people from all over the world. At kitchen59 we try our best to be happy all the time. We would appreciate it if you also spend a moment to focus on the now, enjoy the moment and be happy. Hopefully, this will not only lead to a happier place, but to a more peaceful and smiley world. Enjoy your time at Kitchen 59.
- DEFINITIONS
- In this Document the following capitalized terms shall have the meaning as described below:
Check-In Date: The date of arrival and check-in by the Guest as agreed pursuant to the Hotel Booking.
Check-in time: The check-in time is, in accordance with Clause 3.1, at (2:59) p.m. local time at the location, on the Check-In Date.
Check-out Date: The date of departure and check-out by the Guest as agreed pursuant to the Hotel Booking.
Check -Out Time: The check-out time is, in accordance with Clause 4.1, before twelve (11:59) a.m. local time at the location on the Check-Out Date.
Clause: A clause in these Terms and Conditions.
Contracting Party: The person or legal entity that enters into the Hotel Agreement with Kitchen59. The Contracting Party shall also be understood as the party that, according to these Terms and Conditions, any separate contract entered into/between that party and Kitchen59, or pursuant to Bulgaria Law, legally and financially liable for a Guest and will undertake all the obligations towards Kitchen59 pursuant to or arising from Kitchen59.
Deposit: The deposit to be paid by the Contracting Party for a Long Stay as provided by clause 5.17.
Booking Details: The details of the relevant hotel booking, amongst others specifying the type of booking (e.g. Hotel Stay, Hotel Extended Stay, Student Extended Stay, Hostel Stay, Group Booking), the check-in date, check-out date, the room type, the room rate(Including VAT and excluding city tax, unless indicated otherwise during the booking process) and the details of the guests and contracting party.
Group Booking: A booking more than 10(ten) rooms.
- BOOKING PROCESS
- A Hotel Booking is considered a booking after Kitchen59 and the contracting party have agreed on the details of the hotel booking. Kitchen59 will confirm the hotel booking by email.
- A Group Booking is a hotel booking for 10 rooms or more and can only be made through the reservations department of Kitchen59 (e.g. by telephone or email). A group Booking is considered a booking after Kitchen59 and the contracting party have agreed on the details of the group booking. Kitchen59 will confirm the group booking by email.
- These Terms and Conditions apply to all Hotel Agreements entered into between the Contracting Party and Kitchen59. By making the Hotel Booking, the Contracting Party (i) undertakes to fulfill and comply with these Terms and Conditions and the House Rules and (ii) ensures that each Guest is informed and fully adheres to the Terms and Conditions and the House Rules. The Contracting Party, whenever different from the Guest, is also aware that it shall remain responsible ad liable for any breaches of Terms and Conditions and House Rules by the Guest, unless otherwise agreed with Kitchen59.
- In the event of overbooking situations, Kitchen59 will offer the Contracting Party alternative hotel accommodation of at least comparable quality to the accommodation to be offered pursuant to the Hotel Agreement. If the Contracting Party does not accept this offer, the Contracting Party will be entitled to terminate the Hotel Agreement with immediate effect. Kitchen59 shall not be liable for any form of damages.
- CHECK-IN PROCEDURE
ALL TYPES OF STAY
- Unless agreed otherwise Kitchen59 will make the room available to the Guest on the Check-In Date at (2:59) p.m. local time at the Location.
- CHECK-OUT PROCEDURE
ALL TYPES OF STAY
- Unless agreed otherwise the Guest must check out on the Check-Out- Date before (11:59) a.m. local time at the Location (the Check—Out Time).
- PAYMENTS
HOTEL STAY
- In case of a non-refundable Hotel Stay, the entire amount of the Hotel Fee shall be paid at the moment of booking the Hotel Stay.
- In case of a refundable Hotel Stay, the Hotel Fee shall be paid at the latest the night before the Check-In Date.
- City tax will be charged subject to the local municipality rules applicable to the Hotel. The Contracting Party will pay the relevant city tax for all Guests (fixed rate or percentage rate) at the moment of check-in.
- Kitchen59 does not cover any commission costs incurred via online payments or other third-party bookers (for example: travel agencies) for the Contracting Party. Kitchen59 will not charge the Contracting Party or the Guest any commission (note that the credit card company may apply separate charges to the cardholder for example in respect of foreign exchanges).
- Kitchen59 has the right to retain and, if appropriate, to pledge any goods that the Guest keeps in the Hotel as long as the Contracting Party has not fulfilled all of its (payment) obligations to Kitchen59.
- Failure to pay on time will subject the Contracting Party to all related extrajudicial and pre-litigation costs, as well as all court costs, in accordance with applicable local rules.
- Any payment to Kitchen59 must be made in Bulgarian Leva (BGN). Kitchen59 only accepts payments by debit card, credit card, Apple Pay or via iDEAL. Kitchen59 reserves the right to refuse payment by bank cheque, cash, giro acceptance form or other means of payment, or to attach conditions to their acceptance.
- In case of a non-refundable Hotel Extended Stay, the Hotel Fee shall be paid at the moment of booking the Hotel Extended Stay.
- In case of a refundable Hotel Extended Stay, the Hotel Fee shall be paid at the latest fourteen (14) days before the Check-In Date
- City Tax will be charged subject to the local municipality rules applicable to the Hotel. The Contracting Party will pay city tax for all Guests (fixed rate or percentage rate) either at check-in, or on a monthly basis depending on the duration of the Hotel Booking and such to be determined by Kitchen59 in its sole discretion.
- HOUSE RULES
- Kitchen59 has a set of House Rules to preserve order, peace and quietness in the Hotel. The House Rules are available at the reception of Kitchen59 or can be downloaded from here.
- If the Guest or someone accompanying him/her violates the House Rules or acts in such a way that the order, peace and quietness or normal operation of Kitchen59 are jeopardized, Kitchen59 will set a reasonable deadline to remedy the situation or send the Guest a warning. If the deadline or the warning remain unsuccessful, Kitchen59 has the right to terminate the Hotel Agreement extraordinarily without notice the Guest and anyone accompanying him/her must leave the Hotel upon first request. Kitchen59 will then also be entitled to terminate the Hotel Agreement as per clause 9. Kitchen59 is entitled to terminate the Hotel Agreement extraordinarily without a prior warning or deadline in cases specified by law, in particular, if the deadline or warning obviously does not promise success or the immediate termination is justified for other reasons under consideration of the mutual interests.
- For the well-being of the Guests, or health and safety reasons Kitchen59 may change at any time, and at its sole discretion, the House Rules. Any such modification will be made available here and at the reception of the Hotel, and will be effective immediately upon such posting of the updated House Rules to the Kitchen59 Website and placing at the reception of the Hotel.
- MAXIMUM LENGTH OF STAY
- Kitchen59 does not offer permanent accommodation. Kitchen59 provides agreements for up to one year from the date of check-in. Each year the hotel agreement may be extended upon agreement between both parties.
- GUESTS RIGHTS TO CANCELLATION/NO SHOW
- In the event of a refundable Hotel Booking relating to a Hotel Stay, the Contracting Party is entitled to terminate the underlying Hotel Agreement (and thus cancel the Hotel Booking) until 2:59 p.m. local time at the Location on the day before the Check-In Date, without any charge. Any amount already paid will be refunded to the Contracting Party.
- In the event of a refundable Hotel Booking relating to a Hotel Extended Stay, the Contracting Party is entitled to terminate the underlying Hotel Agreement (and thus cancel the Hotel Booking) until seven (7) days before the Check-In Date, without any charge. Any amount already paid will be refunded to the Contracting Party.
- In the event of a non-refundable Hotel Booking relating to a Hotel Stay or a Hotel Extended Stay, termination of the Hotel Agreement (and thus cancellation of the Hotel Booking) by the Contracting Party will not result in any refund and any unpaid Hotel Fees remain payable in full.
- TERMINATION RIGHTS
- After the Check-In Date, the Contracting Party and Kitchen59 may only terminate the Hotel Agreement in accordance with the provisions of these Terms and Conditions. Unless expressly agreed otherwise, neither party is entitled to ordinarily terminate the Hotel Agreement prior to the Check-Out Date. Termination for cause in accordance with house rules remains unaffected.
- If the Hotel Agreement relates to a Hotel Extended Stay at Kitchen59, the Contracting Party may terminate that Hotel Agreement at any time by written declaration to Kitchen59(an email to reservations@kitchen59.bg will be sufficient) if it agrees to make a payment of a fee equal to the Hotel Fee for the next fourteen (14) nights of the Hotel Extended Stay from the day after which Kitchen59 received the notice of termination unless the remaining period of the Extended Stay at the time of cancellation is shorter than fourteen (14) nights in which case the cost of the shorter reaming period of the Hotel Extended Stay will apply.
- Kitchen59 has the right to terminate the Hotel Booking towards the Contracting Party in case of a violation of the Hotel Agreement, unless the violation, given its specific nature or minor importance, does not justify this termination and its legal effects. In case of termination based on this Clause 2. the payment obligation for the Contracting Party towards Kitchen 59 in relation to the Hotel Booking will continue unabridged for the remaining contract period.
- LIABILITY OF THE CONTRACTING PARTY AND OF THE GUEST
- The Contracting Party is liable towards Kitchen 59 for all damages, costs, losses or other harm that has been and/or will be incurred by Kitchen 59, any affiliate of Kitchen 59, and/or any third party as the direct or indirect consequence of (i) any breach of the Hotel Agreement by the Contracting Party or the Guest; or (ii) any misconduct or behavior of the Guest (if different from the Contracting Party) or anyone accompanying the Guest that is in violation of the House Rules.
- Kitchen 59 may file an official report with the local police in case of misconduct, criminal acts or violations of the House Rules by the Contracting Party or the Guest.
- LIMITATI0N OF LIABILITY
- The provision of this Clause 11 are without prejudice to any rights of the Contracting Party or the Guests under mandatory laws that cannot be deviated from. Kitchen59 does not (intend to) exclude or limit any liability that cannot be excluded or limited under the applicable laws.
- Kitchen59 aggregate liability towards the Contracting Party and the Guest will never exceed the lower of (i) the value of the Hotel Agreement; or (ii) the amount actually paid out under Kitchen 59’s insurance coverage in respect of the damages suffered by the Contracting Party or the Guest.
- If harm or loss occurs as a result of the culpable failure to perform on the part of a third party whose services Kitchen59 has engaged, such as a security or cleaning company, then Kitchen59’s liability is limited to the compensation Kitchen59 receives from the relevant third party.
- If property is removed, stolen or damaged, the Contracting Party or Guest must prove that the loss or damage to the property occurred in the Hotel as a result of the acts or omissions of Kitchen59 or any third party Kitchen59 has engaged.
- Except as set out above in the Clauses 11.1. up to and including 11.4. Kitchen59 accepts no liability for any damages, costs, losses or other harm suffered by the Contracting Party or the Guest.
- Kitchen59 is furthermore not liable to the Contracting Party for any damages, costs, losses or other harm that occurs as a result of or in connection with the Hotel Agreement or the Hotel Booking if the Contracting Party is insured, or could have been insured, against the relevant damages, costs, losses or other harm.
- Without prejudice to any of the foregoing, Kitchen59 will be liable to the Contracting Party or the Guest (as the case may be) for the loss of or damage to goods that the Contracting Party or the Guest has placed in its custody in exchange for a fee except for cars parked in and on her premises. This liability will be limited to the current market value of the relevant goods. Kitchen59 will however not be liable for the contents of these goods. By way of example, Kitchen59 is liable in accordance with this Clause 11.7. for the loss of a wallet that was in its custody in exchange for a fee, but it is not liable for the damages in relation to the contents of that wallet, unless Kitchen59 and the Contracting Party or the Guest agreed in writing on the contents at the time it was placed in Kitchen59 custody. Kitchen59 expressly excludes any and all liability for any other form of damages, costs, losses or other harm, including indirect and consequential damages, costs, losses or other harm.
- Kitchen59 is not liable for any lost or damaged luggage, personal items, mail or delivered packages, unless the guest can prove that these items were lost, stolen or damaged due to Kitchen 59’s negligence.
- For the purposes of this Clause 11, any reference to Kitchen59 includes a reference to all of Kitchen59’s affiliates and its and such affiliates’ employees, officers, directors, agents, and direct and indirect shareholders.
- COMPLAINTS
- The Contracting Party and/or the Guest must submit any complaints regarding an (alleged) failure of Kitchen59 in the performance of the Hotel Agreement immediately after discovering such failure. Complaints must be submitted by email to complaints@kitchen59.bg.
- FORCE MAJEURE
- The term force majeure will include but is not limited to the following circumstances: epidemic disease, war, threat of war, civil unrest, strikes or sit-ins, water damage, acts of war, fire, flood, acts undertaken by the government, or general outages of gas, electricity, water or internet that make the performance of the Hotel Agreement reasonably impossible for Kitchen59 (each a Force Majeure Event).
- In case of a Force Majeure Event, Kitchen59 is entitled to either suspend performance of the Hotel Agreement or terminate the Hotel Agreement, unless Kitchen59 has culpably caused the relevant Force Majeure Event.
- Kitchen59 is not liable for any damages suffered by the Contracting Party or the Guest as a result of a Force Majeure event, unless Kitchen59 has culpably caused the relevant Force Majeure Event.
- FOUND PROPERTY
- All found property/goods must be handed over to the reception desk of the Hotel.
- After the Check-out Date of a Guest, any personal belongings left in the room or any other area of the Hotel will not be kept and will be discarded or destroyed, unless by its appearance and/or value it is clear to anyone that it must be a lost item. In that case, Kitchen59 will store the item for a maximum of three (3) months. Where reasonably possible, Kitchen59 shall inform the Contracting Party about the lost item and will request if and how it will be retrieved by the Contracting Party.
- The Contracting Party may request Kitchen59 to send such item(s) to the Contracting Party. Kitchen59 is not obliged to adhere to such request, but if it does, the Contracting Party shall bear the risk and costs of the shipping of such item. Kitchen59 may request the Contracting Party to pay these costs in advance. Lost items will not be returned in case of any outstanding Fee.
- CHANGE, USE AND LETTING OF ROOM
- Kitchen59 is at all times entitled to transfer a Guest to a different room of a similar type for operational reasons.
- Only the Guest is permitted to make use of the relevant hotel room.
- The Contracting Party and Guest(s) are explicitly prohibited to let or otherwise grant others the right to use any room in the Hotel (including via Airbnb, Wimdu, etc). In case of a breach of this provision, the Contracting Party will forfeit an immediately due and payable penalty of BGN 750, without Kitchen59’s right to claim from the Contracting Party any damages Kitchen59 or any of its affiliates suffers as a result of breach of this Clause 16.3. by the Contracting Party or the Guest. Kitchen59 may deduct the penalty and any damages from the Deposit. Furthermore, Kitchen59 is in such case entitled to terminate the Hotel Agreement immediately by notice in writing.
- Letting or otherwise granting the right to use the room to others shall be considered making considerably adverse use of the room and entitles Kitchen59 to extraordinarily terminate the Hotel Agreement with immediate effect.
- ENTERING ROOMS
- Unless the Contracting Party or the Guest clearly indicates its objection, Kitchen59 personnel may enter the room daily for cleaning purposes while the Guest is not present.
- Kitchen59 needs to be able to enter a room for legal reasons (particularly health related regulations) if the room stays vacant for a longer period. The Contracting Party hereby agrees (where necessary on behalf of the Guest) that Kitchen59 may enter the room for these purposes without the Guest being present and without prior notice. Therefore, the Contracting Party must inform, or procure that the Guest informs Kitchen59 of any period during which a room will stay vacant for a period of five (5) days or more.
- In addition to Clauses 16.1. and 16.2., Kitchen59’s staff, upon reasonable prior notice to the Guest, has the right to enter the room of a Guest in his/her presence for maintenance, security, and other legitimate reasons, including reasonable inspections. In case of imminent danger or order from Public Authorities, Kitchen59 always has the right to enter a room without prior notice and without the Guest being present.
- Letting or otherwise granting the right to use the room to others shall be considered making considerably adverse use of the room and entitles Kitchen59 to extraordinarily terminate the Hotel Agreement with immediate effect.
- Kitchen59 and other affiliates to Kitchen59 cannot be held liable for lost, stolen, damaged, broken or misplaced items or goods. Valuables can be stored at the reception
- BIKES
- Guests are entitled to make use of the Kitchen59 Bike sharing scheme when purchasing Kitchen59’s bike insurance plan. The use of Kitchen59 Bikes is subject to acceptance of the Kitchen59 Bike insurance plan terms and always subject to availability.
- CHANGE OF TERMS AND CONDITIONS
- Kitchen59 reserves the right to change, modify or revoke any provision of the Hotel Agreement, these Terms and Conditions with prior consent of the Contracting Party. Changes will become binding vis-a-vis the Contracting Party after being sent to the Contracting Party.
- The latest version of the Terms and Conditions is always available at reception of the Hotel and is published on the website kitchen59.bg.
- APPLICABLE LAW AND VENUE
- The Hotel Agreement, these Terms and Conditions, the House Rules as well as any additional agreement(s) entered into between Kitchen59 and the Contracting Party regarding the performance of hotel services shall be governed by the laws of Bulgaria. Any disputes arising out of or relating to this Hotel Agreement shall be brought exclusively before the competent court located in Sofia, unless the Contracting Party within one month from being informed by Kitchen59 chooses for dispute resolution by the court that would be competent in accordance with the applicable law. The foregoing does not affect the Contracting Party’s statutory rights.
- ONLINE DISPUTE RESOLUTION
- As a company which offers a Hotel Agreement via the internet, Kitchen59 is under a statutory obligation to inform any Contracting Party and Guest (that made a Hotel Booking by Website and) who is a consumer about the existence of the platform for online dispute resolution provided by the EU Commission. The platform can be accessed via the following link: http://ec.europa.eu/consumers/odr/. However, Kitchen59 will not participate in a proceeding before a consumer dispute resolution body.