BACKGROUND:
The Burman Hotel is of Rataskaevu 7, 10123 Tallinn, Estonia under Company Registration Number 16165223.
These Terms and Conditions are the standard terms on which Burman Hotel OÜ, registry code 16165223, of Rataskaevu 7, 10123 Tallinn, Estonia, trading as The Burman Hotel (the Hotel), provides any Services to a customer, to other members of a customer’s party and to their guests, and on which those persons use those Services, in each case only where the customer and those guests are Consumers.
Private hire of the Hotel’s rooms and facilities, group bookings, and any booking made by or on behalf of a Business are not governed by these Terms and Conditions and are subject to a separate offer and agreement issued by the Hotel’s sales manager.
These Terms and Conditions are governed by Estonian law. Nothing in them affects your rights under mandatory Estonian consumer protection law.
Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
Business means any business, trade, craft or profession carried on by You or by any other person or organisation;
Consumer means an individual customer or guest of the Hotel who receives Services for his or her personal use and for purposes wholly or mainly outside the purposes of any Business;
Écrin means the Hotel’s restaurant and lobby bar, including its terrace;
Écrin Cigar Lounge means the separate cigar lounge located within Écrin;
Hotel / We / Us / Our means Burman Hotel OÜ, registry code 16165223, of Rataskaevu 7, 10123 Tallinn, Estonia, and includes its premises and all of its employees and agents;
Hotel Management means the general manager of the Hotel, the front office supervisor, food and beverage management, or any other person authorised by the Hotel to exercise a discretion under these Terms and Conditions;
Price List means the list of charges for Services other than bedroom accommodation, available at reception and on request;
Rates means the prices payable for the provision of room accommodation and, where applicable, other Services;
Sales Manager means the sales manager of Bombay Group, contactable at riina.kilk@bombayclub.com;
Services means the provision of accommodation in rooms and any and all other facilities, services and items which We offer at the Hotel, including food and drink; and
You / Your means an individual who is a customer of the Hotel and who agrees to pay both for himself or herself as a paying guest and for members of his or her party and any of his or her guests.
1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to these Terms and Conditions is a reference to them as amended or supplemented at the relevant time, and each reference to a Clause or sub-Clause is a reference to a Clause of these Terms and Conditions.
1.3 The headings used in these Terms and Conditions are for convenience only and do not affect their interpretation.
1.4 Words in the singular include the plural and vice versa, and references to any gender include the other gender.
2. Reservations
2.1 You may make a reservation for a room or other Services in advance through the Hotel website, by telephone, by email, in person at the Hotel, or through a third-party booking channel.
2.2 When You request a reservation You must provide Us with your identification information, including but not limited to your name, address, contact telephone number and email address.
2.3 You must give Us payment details at the time of booking. We will hold your credit or debit card details and You authorise Us to charge that card for any sums that become due to Us under these Terms and Conditions. Unless the booking expressly states that You must pay at the time of reservation, We will not take payment until the time indicated in Clause 3.
2.4 Your request for a reservation is an offer. Whether We accept it is for Us to decide. Only when We tell You that We accept your request and give You a booking reference is there a binding contract between You and Us.
2.5 You may request a change to your reservation at any time before You arrive, subject to Clause 4. We will use all reasonable endeavours to accommodate requested changes but do not promise that every change will be possible.
2.6 Instead of reserving in advance You may book on arrival. If We have availability of the type of room or the Services You request at that time We will accept your request, but We cannot promise that any particular room or Service will be available.
2.7 You may request additional nights at any time during your stay. We will use all reasonable endeavours to meet such a request, and if We accept it that booking becomes a binding contract between You and Us.
2.8 Because We provide accommodation for a specific date or period, the fourteen-day right of withdrawal that applies to distance and off-premises consumer contracts under the Law of Obligations Act does not apply to your booking. Your cancellation rights are those set out in Clause 4.
3. Fees and Payment
3.1 We make details of Rates, including where applicable promotional rates and other special offers, available on the Hotel website, at reception and through associated partner brands.
3.2 Where We quote a Rate in response to a request for a reservation, that Rate applies only to the provision of hotel bedroom accommodation unless We specifically state otherwise. Additional charges apply for other Services, including but not limited to car parking, meals, drinks, room service, use of the spa and any leisure, fitness or entertainment facilities, and use of any other equipment, services or facilities. Charges for those Services are set out in the Price List or are notified to You on request. Private hire of Écrin, the Écrin Cigar Lounge or any other room or space is not covered by the Price List and is quoted individually under Clause 7.
3.3 All Rates and charges are stated inclusive of value added tax at the rate applicable at the time of supply. Accommodation, including accommodation with breakfast, is taxed at 13 per cent. Goods and services supplied alongside accommodation, including food, drink, spa treatments and room hire, are taxed at the standard rate of 24 per cent.
3.4 Subject to sub-Clause 3.5, and unless We agree otherwise with You, We will give You an invoice for all sums due and You must pay it in full when You check out.
3.5 The following applies to promotional rates:
3.5.1 unless We specifically state otherwise, You must pay in full at the time of booking, and We are not obliged to give any refund except where Clause 4 requires it;
3.5.2 charges incurred during your stay in addition to the promotional rate are invoiced and payable under sub-Clause 3.4; and
3.5.3 additional nights requested under sub-Clause 2.7 are payable at the standard Rate.
3.6 You may pay by credit or debit card, by wallet, in cash, or by wire transfer.
3.7 We may alter our Rates without prior notice, but an increase between the date of your booking and the date of your stay does not apply to that booking.
3.8 Except where these Terms and Conditions or mandatory Estonian consumer law provide otherwise, You must pay in full for any reservation booked and are not entitled to a refund. Where You are entitled to a refund, whether under Clause 4, as a result of Our breach of these Terms and Conditions, or under the Law of Obligations Act or the Consumer Protection Act, We will make it within fourteen days using the same means of payment You used, unless We agree otherwise with You.
4. Cancellations
4.1 The cancellation and amendment conditions that apply to your reservation are those of the rate under which it was made. They are shown to You before your booking is completed and are set out in your booking confirmation.
4.2 Where those conditions provide that the reservation is prepaid and non-refundable, no refund is due in the event of cancellation, amendment or non-arrival.
4.3 We may cancel a reservation before You check in where:
4.3.1 the accommodation, personnel or other resources necessary to provide the room are unavailable for a cause outside Our reasonable control. In that case We will offer You alternative accommodation of the same standard or better if it is available, and if it is not available or You decline it We will refund in full any advance payment You have made;
4.3.2 You have not paid in full in advance and You do not arrive by 23:59 on the first day of your stay, and You have not notified Us in advance of a late arrival which We have agreed. In that case We may re-let the room and charge in accordance with the cancellation conditions applicable to your reservation. We will attempt to contact You to tell You of the cancellation; or
4.3.3 We find that You are not a Consumer, in which case We will refund in full any advance payment You have made.
4.4 Where We cancel a confirmed booking for a reason within sub-Clause 4.3.1, We will give You as much notice as is reasonably possible and will offer You either a full refund of all amounts paid or a rebooking of equal value on an alternative date of your choice, subject to availability. Where We must cancel at short notice We will in addition make reasonable efforts to secure alternative accommodation of a similar standard at no additional cost to You. Our liability in these circumstances is limited to the refund or rebooking described above, save where Clause 13 provides otherwise.
4.5 Group bookings, event bookings and any booking that includes hire of a room or other space are subject to their own cancellation terms, which are set out in the offer and the booking confirmation issued for that booking by the Sales Manager.
5. Check-in and Check-out
5.1 The earliest check-in time is 15:00. Reception is staffed until 23:59. We are able to accommodate arrivals after 23:59 where You have notified Us in advance, but the full range of Services may not then be available.
5.2 You must vacate your room and check out by 12:00. We may agree in advance to a later time. If We have not agreed a later time and You have not vacated your room and checked out by 12:00, We are entitled to charge You for an additional night at the standard applicable Rate.
5.3 Where We have agreed a late check-out, We are entitled to charge an hourly rate for the period from 12:00 until You check out. We will tell You that hourly rate when You request the late check-out.
5.4 Estonian law requires Us to register every person accommodated at the Hotel. On arrival You and each member of your party must provide the name, date of birth, citizenship and address of each guest, and the period of accommodation. Guests who are not citizens of a European Economic Area state or of Switzerland must in addition provide the type, number and issuing state of their travel document. Our staff may require sight of a valid identity document. We retain this data for two years as the law requires, and otherwise handle it as set out in Clause 15.
6. Hotel Rules
6.1 You must conduct yourself in a reasonable and responsible manner at all times on Hotel property and must not act in any way which may disturb other guests. If You do not, We may ask You to leave, and You must then immediately pay all sums due.
6.2 You may not smoke in any indoor or outdoor public area of the Hotel, save for the Écrin Cigar Lounge, which is a designated smoking area and is subject to Clause 7.
6.3 You may not smoke, including the use of electronic cigarettes and heated tobacco products, in any guest room.
6.4 If You do not comply with sub-Clause 6.3, We may charge You for all costs We incur in cleaning the room, including fixtures, fittings and soft furnishings, and restoring it to a smoke-free condition.
6.5 You may not bring an animal into the Hotel, except for an assistance animal accompanying a guest with a disability.
6.6 A child under the age of 16 may stay at the Hotel only if accompanied by an adult aged at least 21. Under the Child Protection Act, a person under 16 may not be in a public area of the Hotel between 23:00 and 06:00 unless accompanied by an adult. Access to the casino is separate from your stay at the Hotel, is subject to the casino’s own rules, and under the Gambling Act is restricted to persons aged 21 or over.
6.7 The maximum number of persons who may occupy a room is stated in your booking confirmation. Additional persons may not stay in the room without Our prior agreement. Visitors who are not resident at the Hotel must be signed in at reception and may not remain in a guest room after 23:00.
6.8 We will charge You for all damage caused by You to Hotel property during your stay.
6.9 These rules apply equally to members of your party and to your guests, and You are responsible for any breach of them by any of those persons.
7. Écrin and the Écrin Cigar Lounge
Écrin
7.1 Écrin is reserved for guests of the Hotel who hold a valid accommodation booking and are resident at the Hotel at the time of use, together with persons accompanying them as their guests. Écrin is not otherwise open to persons who are not resident at the Hotel, except under sub-Clause 7.2, sub-Clause 7.6 or sub-Clause 7.7.
7.2 The Écrin terrace is open to persons who are not resident at the Hotel during its seasonal opening period. We determine that period and may close the terrace, or restrict its hours of use, at any time.
7.3 Reservations for Écrin may be made at reception. Food and drink at Écrin are charged in accordance with sub-Clause 3.2, except where they are expressly included in the Rate for your booking.
Écrin Cigar Lounge
7.4 The Écrin Cigar Lounge is reserved for guests of the Hotel who hold a valid accommodation booking and are resident at the Hotel at the time of use, together with persons accompanying them as their guests. The Écrin Cigar Lounge is not otherwise open to persons who are not resident at the Hotel, except under sub-Clause 7.6 or sub-Clause 7.7.
7.5 The Écrin Cigar Lounge is a designated smoking area and sub-Clause 6.2 does not apply to it. We may close the Écrin Cigar Lounge, or restrict its hours of use, where this is necessary for maintenance, for a confirmed private booking, or to avoid disturbance to other guests.
Discretion of Hotel Management
7.6 Notwithstanding sub-Clauses 7.1 and 7.4, Hotel Management may at its sole discretion admit a person who is not resident at the Hotel to Écrin or to the Écrin Cigar Lounge on any given occasion. Any such admission is granted for that occasion only, is subject to availability and to these Terms and Conditions, creates no entitlement to access on any future occasion, and may be withdrawn at any time.
Private and event bookings
7.7 Écrin restaurant and the Écrin Cigar Lounge may each be booked privately for an event, including by persons who are not resident at the Hotel. Private and event bookings are subject to availability and to an individual offer made by the Sales Manager. Requests must be addressed to the Sales Manager at riina.kilk@bombayclub.com. No private or event booking is confirmed until We have accepted it and issued a booking confirmation.
7.8 Charges for a private or event booking are quoted individually by the Sales Manager, are additional to any Rate for bedroom accommodation, and are not set out in the Price List. Where Écrin or the Écrin Cigar Lounge is booked by or on behalf of a Business, these Terms and Conditions do not apply to that booking, which is governed by the offer and agreement issued by the Sales Manager.
8. Food and Drink
8.1 Unless We specifically state otherwise, food and drink are not included in any Rate for bedroom accommodation and are charged in addition under sub-Clause 3.2.
8.2 If You or any member of your party or your guests have special dietary requirements, You should tell Us in advance of your arrival. We will use all reasonable endeavours to accommodate them and will tell You where We are unable to do so.
8.3 We will tell You the times of meals when You arrive.
8.4 Food, beverage, minibar, in-room dining and any other charges incurred during your stay and posted to your room must be settled no later than at check-out.
8. Spa and Wellness Facilities
9.1 The Hotel’s spa, sauna and wellness facilities are available to guests of the Hotel. Opening hours, and any charges, are displayed at reception and set out in the Price List.
9.2 Guests aged 16 and over may use the spa, sauna and wellness facilities unaccompanied. A guest under the age of 16 may use them only when accompanied and supervised at all times by a parent, guardian or other responsible adult aged 18 or over, who remains responsible for that child’s safety and conduct. No more than three children under 16 may be supervised by one adult. We may ask for proof of age.
9.3 You use the spa, sauna and wellness facilities at your own risk. You must follow the posted rules and the instructions of Our staff. If You have any condition that may be affected by heat, steam or immersion in water, You should take medical advice before using these facilities. Our staff may refuse or end access where a guest’s safety, health or conduct requires it.
9.4 Treatments are booked in advance and are subject to the cancellation terms notified to You at the time of booking.
10. Guests with Disabilities
10.1 We comply with all laws in force from time to time regulating the treatment of, and provision for, guests with disabilities.
10.2 If You have any special requirements relating to a disability, please tell Us before You arrive.
11. Your Property, the Hotel Safe and Items Left Behind
Liability for your property
11.1 Our liability for the loss, destruction or damage of items You bring onto the premises is governed by sections 911 to 916 of the Law of Obligations Act. Those provisions apply to the guest rooms and equally to the spa, sauna and pool area and to Écrin.
11.2 Subject to sub-Clause 11.3, Our liability to each guest is limited to the maximum amounts set by those provisions, including a lower maximum in the case of money, securities and valuables. We will tell You those amounts on request.
11.3 Those limits do not apply, and Our liability is not so limited, where the loss or damage is caused by Our fault, where the item had been taken into Our safekeeping, or where We unjustifiably refused to take the item into safekeeping.
11.4 We are not liable for damage caused by You or by a person accompanying You, visiting You or for whom You are responsible, for damage arising from the special nature of an item, or for damage caused by force majeure. We are not liable for your vehicle, for items left in a vehicle, or for live animals, unless We have expressly taken them into Our custody on terms accepting such liability.
11.5 Nothing in these Terms and Conditions excludes or limits Our liability below the level set by sections 911 to 916 of the Law of Obligations Act. Any provision purporting to do so is void.
Safekeeping
11.6 A safe is provided in each guest room. In addition, We will on request take money, securities and valuables into safekeeping at reception, and We may require that they be handed over in a closed or sealed container. We may decline items that are excessively valuable given the size and category of the Hotel, or whose safekeeping would be unreasonably burdensome.
Notification
11.7 You must notify Us of any loss, destruction or damage to your property without delay after becoming aware of it. Under section 914 of the Law of Obligations Act your right to compensation lapses if You do not, except where the item was in Our safekeeping or the loss was caused by Our fault.
Items left behind
11.8 Items found on the premises are dealt with under sections 98 to 101 of the Law of Property Act, under which the Hotel is treated as the finder. We will store found items so as to preserve them and, where the owner is identifiable, will contact them without delay.
11.9 Found items are kept for three months, after which they are handed to the police or otherwise dealt with under the Law of Property Act. We do not keep food, beverages or medicines. Perishable items, and items whose storage would cost more than they are worth, may be disposed of earlier as that Act allows.
11.10 Found items are returned to You, or to a person You authorise, on satisfactory proof of identity and entitlement. Return by post or courier is arranged at your request, cost and risk.
12. Force Majeure
12.1 We are not liable for any failure or delay in performing Our obligations where that failure or delay results from a circumstance beyond Our reasonable control, including but not limited to fire, flood, failure of utilities, industrial action, epidemic, act of a public authority, or armed conflict. Where such a circumstance prevents Us from providing your accommodation, sub-Clauses 4.3.1 and 4.4 apply.
13. Limitation of Liability
13.1 We are responsible for any foreseeable loss or damage You suffer as a result of Our breach of these Terms and Conditions or Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it was contemplated by You and Us when Our contract with You was created. We are not responsible for loss or damage that is not foreseeable.
13.2 We provide the Services for your personal and private use. We are not liable to You for loss of profit, loss of business, business interruption or loss of business opportunity.
13.3 Nothing in these Terms and Conditions excludes or limits Our liability for death or personal injury caused by Our negligence or that of Our employees, agents or subcontractors, for damage caused intentionally or by gross negligence, for fraud or fraudulent misrepresentation, or for anything else which may not lawfully be excluded or limited.
13.4 Clause 11 governs Our liability for your property and prevails over this Clause 13 to the extent of any inconsistency.
13.5 Nothing in these Terms and Conditions affects your rights under mandatory Estonian consumer protection law.
14. Changes to these Terms and Conditions
14.1 We may change these Terms and Conditions where the change is necessary to reflect a change in the law, in a regulatory requirement, or in the Services We provide. We will publish the changed terms on the Hotel website.
14.2 A change to these Terms and Conditions does not apply to a booking You have already made and We have already confirmed. The terms that apply to your booking are those in force on the date We confirmed it.
15. How We Use Your Personal Information
15.1 We use your personal information only as set out in Our Privacy Policy, available at theburmanhotel.com/privacy-policy. Our use of cookies is described in Our Cookie Policy, available at theburmanhotel.com/cookie-policy.
15.2 We operate closed-circuit television in public areas of the Hotel for the security of guests, staff and property. Details of this processing are set out in the Privacy Policy.
15.3 Guest registration data collected under sub-Clause 5.4 is processed to comply with Our legal obligations and retained for the period the law requires.
16. Pre-contract Information
16.1 The information We are required to give You, or make available to You, before We accept your booking is set out in these Terms and Conditions, on the Hotel website and in the Price List. That information, and any other information We give You about the Services or the Hotel which You take into account in deciding to make a booking, forms part of Our contract with You.
17. Complaints and Dispute Resolution
17.1 We welcome feedback and want to hear from You if You have any cause for complaint. Please raise the matter with reception or the duty manager during your stay, or afterwards by email to info@theburmanhotel.com. We will acknowledge your complaint within two working days and aim to resolve it within fifteen days.
17.2 If We are unable to resolve your complaint, You may refer it to the Consumer Disputes Committee at the Consumer Protection and Technical Regulatory Authority, Endla 10a, 10122 Tallinn, avaldus@komisjon.ee, ttja.ee. Referring a complaint to the Committee does not affect your right to bring proceedings in court.
18. No Waiver
18.1 No failure or delay by Us or You in exercising any right under these Terms and Conditions is a waiver of that right, and no waiver of a breach of any provision is a waiver of any subsequent breach of the same or any other provision.
19. Severance
19.1 If any provision of these Terms and Conditions is held by a competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions and of the remainder of the provision in question is not affected.
20. Language
20.1 These Terms and Conditions are published in English. Where We publish a translation into another language, the English text prevails in the event of any inconsistency, unless mandatory law provides otherwise.
21. Law and Jurisdiction
21.1 These Terms and Conditions, Our contract with You, and the relationship between You and Us, whether contractual or otherwise, are governed by and construed in accordance with the law of the Republic of Estonia, including the Law of Obligations Act and the Consumer Protection Act.
21.2 As a Consumer You have the benefit of any mandatory provisions of the law of your country of residence, and nothing in this Clause deprives You of that protection.
21.3 Any dispute between You and Us relating to these Terms and Conditions or to Our contract with You may be brought before the courts of the Republic of Estonia. Where You are a Consumer domiciled in another Member State of the European Union, You may bring proceedings against Us either in Estonia or in the courts of your own country, and We may bring proceedings against You only in the courts of your own country.
Burman Hotel OÜ
Registry code 16165223 · Rataskaevu 7, 10123 Tallinn, Estonia
info@theburmanhotel.com · +372 618 8800 · theburmanhotel.com