Booking Terms and Conditions
1. Identification, applicability and scope
1.1. Please read these booking terms and conditions for accommodations with the Terra Solis Dubai (the “Terms and Conditions”) carefully. These Terms and Conditions apply to each booking for an accommodation for the Terra Solis Dubai (the “Hotel”), made directly via the dedicated website of Terra Solis (terrasolisdubai.com) (the “Website”). By booking an accommodation, you enter into a contractual relationship with Terra Sol Hospitality Services LLC Single Business Tower, Office 501, Business Bay, Dubai (United Arab Emirates) (“Terra Solis”, “we” or “us”). These Terms and Conditions are an integral part of the hotel agreement (the “Agreement”) between you and us. By booking an accommodation via the Website, you acknowledge and confirm your prior knowledge and acceptance of these Terms and Conditions and relinquish application of any other terms and conditions, however worded. Terra Solis shall not be bound by any terms and conditions unless we have explicitly accepted those terms and conditions in writing and only to the extent of such explicit written acceptance. Terra Solis cannot be considered to tacitly agree to any terms and conditions.
1.2. We may revise these Terms and Conditions from time to time by updating them on the Website. The revised Terms and Conditions shall take effect when they are posted. We shall take reasonable efforts to notify you of any changes to the Terms and Conditions. Your access and use of some parts or features of the Website may be governed by additional terms and conditions. Where such additional terms and conditions apply to your access and use of certain parts or features of the Website, you will be notified accordingly of those additional terms and conditions.
1.3. Terra Solis reserves the right to deny you access and/or use of the Website and the products and services offered on the Website in the event that you should be in violation of these Terms and Conditions. To this end, Terra Solis is entitled to monitor the access and use of the Website.
1.4. Should you not only book an accommodation in the Hotel via the Website for yourself but also for others, we remind you that you are and remain solely responsible for providing such people with these Terms and Conditions and any other terms and conditions which may apply to your booking of the accommodation in the Hotel, as well as obtaining their acceptance for such terms.
2. Age Policy
The Hotel offers adult only accommodations. Terra Solis does not accept any bookings for guests or travel companions whose age is less than 21 years old. Terra Solis will in no case enter into an Agreement with a person aged under 21 years old. Bookings for guests or travel companions below the age of 21 will be considered as null and void, without the guest being able to claim any compensation from Terra Solis.
3. Formation of the Agreement and payment obligation
3.1. The Agreement is concluded between Terra Solis and you after completion of the following technical steps:
Step 1: Selection of the accommodation in the Hotel via the Website, for a determined period and for a determined amount of guests. More information regarding the chosen accommodation can be found via the “More info” webpage.
Step 2: After choosing an accommodation, you can verify the details of your stay in the Hotel in the right hand corner of the webpage. If you have a promo code, please submit it in the dedicated field on the webpage. You may alter your preferred currency. Please note that only the currency confirmed during the booking process via the Website shall be taken into account for the performance of the Agreement.
Step 3: Once you have verified the details of your stay in the Hotel and have clicked on the “Book” button, you will be redirected to the dedicated webpage to confirm you booking. On the dedicated webpage, you need to fill out your personal details, planned arrival time, any personal requests (if applicable) and provide us with your credit card details. You can verify the details of your stay once more in the right hand corner of the webpage. Please note that you and your travel companions staying in the Hotel are legally required to provide a valid Emirates identification or passport at the time of your check-in at the Hotel. Tourist or transit visa may be required for certain nationalities to enter the United Arab Emirates, kindly note that you will need to make your own visa arrangements in advance. Any incorrect identification details you provide to us during the booking process via the Website may be may be considered as fraud. In such event, Terra Solis reserves the right to unilaterally annul the Agreement, without any right of compensation for you or your travel companions.
Step 4: After you have filled out the necessary information, you need to confirm having read and accept to these Terms and Conditions by ticking the dedicated box. By clicking on the “Book” button on the dedicated webpage, you confirm your acceptance with these Terms and Conditions. Clicking on the “Book” button on the dedicated webpage is deemed to be an electronic signature which, between the parties concerned, has the same value as a handwritten signature, whereby the Agreement is concluded and you are bound to comply with the terms and conditions of the Agreement. By electronically signing the Agreement, you authorize us to debit all relevant fees, costs and taxes from your credit card. You shall not be entitled to withdraw from the Agreement after its conclusion in accordance with the present clause. You do not have a cooling-off period to cancel your booking of an accommodation in the Hotel.
3.2. A deposit for the entire amount due for your stay in the Hotel, as reflected during the booking process, is required for non-refundable bookings. You further authorize Terra Solis to debit an additional deposit amount from your credit card upon your check-in at the Hotel, to cover any additional costs related to your stay in the Hotel.
3.3. Terra Solis and its affiliates reserve the right to unilaterally annul the Agreement based upon incorrect information being displayed on the Website in relation to price or service at any point in time. Terra Solis shall inform your of said unilateral annulation of the Agreement without undue delay, providing you with the opportunity to reschedule you stay at the Hotel.
3.4. You are required to provide proof of payment of all fees, costs and taxes due to Terra Solis to the hotel reservations department of Terra Solis, within forty-eight (48) hours after the conclusion of the Agreement, whereby you must indicate the reservation confirmation number on the proof of payment. You will be fully responsible for any banking fees and/or costs required to complete the bank fund transaction(s). Furthermore, you acknowledge that your booking of the accommodation in the Hotel may be cancelled by Terra Solis if proof of payment is not submitted to Terra Solis within said forty-eight (48) hour notice period. You will be responsible for any cancellation or no-show penalties that might be incurred. You hereby acknowledge that any booking and personal contact information that you provide to us is correct.
4. House Rules
For the duration of your stay in the Hotel, you and your travel companions hereby guarantee to comply with the House Rules as specified in Annex I to these Terms and Conditions.
5. Cancellation Policy
Your booking of an accommodation in the Hotel via the Website is subject to the Cancellation Policy as included in Annex II to these Terms and Conditions. Failure to check-in at the Hotel on the planned arrival date, as described under “Step 3” in clause 3, will cause you to incur a penalty charge as detailed in the Cancellation Policy. If you choose to shorten your stay at the Hotel or check out early, a penalty charge will apply, as detailed in the Cancellation Policy. In case of cancellation of your booking by Terra Solis, we have no obligation to guarantee new available bookings or best rates. You will need to make a new booking at the best available rate.
6. Term and termination
6.1. The Agreement enters into force on the date of your electronic signature of the Agreement in accordance with “Step 4” of clause 3 and shall end the later of your check-out from the Hotel and the moment that you have fulfilled all your obligations under the Agreement.
6.2. Notwithstanding any other provisions of the Agreement, Terra Solis reserves the right to cancel or modify your booking via the Website in the following non-exhaustive circumstances:
- You or your travel companions do not comply with these Terms and Conditions or the obligations under the Agreement, in particular the timely payment of all fees, costs and taxes due to Terra Solis and/or its affiliates;
- Where it appears that you have provided to us invalid credit card information;
- Where you or your travel companions have engaged in fraudulent or inappropriate activity; and/or
- If your booking via the Website contains or resulted from a mistake or error.
6.3. Provisions of the Agreement which by their nature are intended to continue even after the termination or expiry of the Agreement, shall continue to exist after the termination or expiry of the Agreement.
In the rare, unexpected event whereby the accommodation you have booked via the Website cannot be provide by us as previously confirmed, we undertake to relocate you and your travel companions into an alternative accommodation at equal or better grading at no additional expense to you. Should there not be an accommodation of equal or better grading in the vicinity of the original accommodation, it may be necessary to provide you with an accommodation of a lesser grading. In such event, any reduction in costs for the accommodation of a lesser grading will be refunded to you. The alternatives offered are at Terra Solis’ discretion. Should you wish to choose an accommodation of a different standard than the alternative we offer to you, you will be required to pay any difference in the fees, costs and taxes related to your chosen accommodation.
8. Intellectual property rights
8.1. All intellectual, industrial and other (property) rights to the Website and all information contained in or posted on the Website, in any form whatsoever, are vested in Terra Solis, its affiliated companies and/or its licensors (including but not limited to TL International BV). The Website and its contents are only intended for private use and may not be used for commercial purposes. The Website and any of its contents cannot be reproduced, transferred, distributed, circulated, commercialized or communicated without the prior and express consent of Terra Solis. By submitting any information on the Website, you accept the transfer of all rights thereto to Terra Solis.
8.2. Under no circumstances can Terra Solis, its affiliated companies or its licensors be held liable for any information, images, text, hyperlinks or works of intellectual or industrial property placed on the Website by you or by third parties. Terra Solis is not responsible for verifying the accuracy of and compliance with the applicable laws and regulations of the information provided, in particular images, text, hyperlinks and other works of intellectual, industrial or other property rights, or the existence of intellectual property rights of third parties. Terra Solis reserves the right to refuse and/or remove from the Website any information which (may) infringe the applicable laws or regulations or the intellectual, industrial or other property rights of third parties.
8.3. Unauthorised or improper use of the Website or its contents may be a violation of intellectual or industrial property rights, regulations concerning data protection, publications and/or communications in the broadest sense. You represent and guarantee that your access and use of the Website and any information that you may upload to the Website in any form whatsoever is correct, in compliance with the applicable laws and regulations and does not infringe any intellectual, industrial or other rights of third parties. You undertake to fully indemnify and hold harmless Terra Solis, its affiliated companies and its licensors for any damages, legal or other measures, convictions and any other costs resulting from your access and use of the website and your submission of any information, images, text, hyperlinks or works of intellectual or industrial property and for any claims by third parties for damages resulting from or connected thereto.
9.1. Terra Solis provides the contents included on the Website “as is”, without guarantees or assurances in relation to the correctness or completeness, the reliability or suitability for a certain purpose or otherwise. Despite Terra Solis’ great care over the administration of the Website, some of the information provided and/or published may be incomplete or incorrect. Printing, spelling or other similar mistakes in materials, of any nature whatsoever, published by Terra Solis or any third party on the Website, can under no circumstances create any obligations nor give rise to any liability towards Terra Solis, its affiliated companies or its licensors (including but not limited to TL International BV).
9.2. Terra Solis does not control any third-party website and is therefore not responsible for the content of any linked website or any link contained in a linked website. Terra Solis provides such links only as a convenience to you and the inclusion of any link does not imply endorsement, investigation, or verification by Terra Solis of the linked website or any information contained therein.
9.3. As a condition of your access and use of the Website, you warrant that you will not use the Website for any purpose that is unlawful or prohibited under these Terms and Conditions or applicable law. Although Terra Solis may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the Website, we are under no obligation to do so and we assume no responsibility nor liability arising out of or in connection with you access and use of the Website nor for any error, defamation, libel, slander, omission, falsehood, obscenity, sexual content or pornography, profanity, danger, or inaccuracy contained in any information included on the Website that is attributable to you or third parties. You are prohibited from posting on the Website or transmitting any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any applicable law. Terra Solis will fully cooperate with any law enforcement authorities or court order requesting or directing Terra Solis to disclose the identity of anyone posting any such information or materials on the Website.
10. Limitation of Liability
10.1. Notwithstanding any provision to the contrary in these Terms and Conditions and/or the Agreement, and to the fullest extent permitted by applicable law, the liability of Terra Solis under these Terms and Conditions and the Agreement, whatever the reason for liability (whether in contract, tort, delict or otherwise) shall be limited to:
- liability arising out of wilful misconduct or gross negligence on the part of Terra Solis or its appointees or affiliates and the non-execution of an obligation that is one of the principal terms of the Contract in respect of Terra Solis; and
- the total sum actually paid by you to Terra Solis under the Agreement, or the booked rate as reflected on the Website, whichever is the lower.
10.2. No provision of these Terms and Conditions or the Agreement can be interpreted as a limitation or exclusion of our liability in the event of your death or bodily injury resulting from any act or omission of Terra Solis.
10.3. Notwithstanding anything contained in these Terms and Conditions to the contrary, Terra Solis, its affiliates and licensors shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, whether arising from negligence, breach of contract or otherwise, including but not limited to any loss of profits, loss of goodwill, loss of data or any losses arising from or caused by the loss, interruption or corruption of data, loss of revenue, loss of turnover, loss of business, reputational damage, loss of opportunities, business interruptions or loss of anticipated savings, etc.
10.4. Each party to the Agreement must take reasonable steps to mitigate any loss or damage, cost or expense it may suffer or incur arising out of any act or omission by the other party under or in connection with the Agreement.
Terra Solis strongly recommends you to acquire comprehensive travel insurance. We suggest that the policy include, but not be limited to, the following coverage – loss of payment through cancellation, loss or damage to personal baggage, loss of money and medical expenses.
All complaints regarding the booking procedure or your stay in the Hotel must be directed to firstname.lastname@example.org. We aim to swiftly resolve any issues or complaints you may have, in order to provide you with the best customer service possible.
13. Force Majeure
13.1. "Force Majeure" shall be interpreted under these Terms and Conditions as an unforeseeable event or circumstance that makes the performance of the Agreement impossible and which is not attributable to either party. From Force Majeure is explicitly excluded the COVID-19 virus and its variants and consequences. An event of Force Majeure shall not affect your payment obligation as described in “Step 4” of clause 3 of these Terms and Conditions.
13.2. A party claiming Force Majeure (hereinafter referred to as the "Affected Party") shall give written notice to the other party immediately after it first becomes aware (or should have become aware) of such event of Force Majeure. Failure to provide such notice within three (3) days after the Affected Party first became aware of the Force Majeure event, shall preclude the Affected Party from asserting that a Force Majeure event has occurred. Any notification pursuant to this Article shall include a detailed description of the obligation(s) affected by such Force Majeure event, as well as details of any transition plans, alternative or other mutually agreed means that the Affected Party will use to minimize the impact of the Force Majeure event.
13.3. In case of Force Majeure, the Guest is only entitled to reschedule his or her Booking at a later time. However, the new Booking may not take place later than sixty (60) calendar days after the Force Majeure event has commenced.
13.4 Notwithstanding the foregoing, the Affected Party shall use reasonable efforts to limit the effect of the Force Majeure event on the performance of its own obligations.
14. Compliance with law
Terra Solis aims to provide you with the best customer experience possible. To that end, we commit ourself to comply with all relevant mandatory laws that apply to our your accommodation in the Hotel. None of the provisions of the present Terms and Conditions can be construed as a limitation or exclusion of your consumer- or traveller’s rights under the mandatory laws of the United Arab Emirates.
16. Governing law & jurisdiction
The products and/or services described in and available through the Website may not be available in your country. We make no representation that the services or products offered on the Website are appropriate or available for use in any particular location. These Terms and Conditions are governed by the laws of the United Arab Emirates, with the express exclusion of any conflict of laws principles. Any disputes arising out of or in connection with these Terms and Conditions shall be exclusively settled by the competent courts in Dubai, United Arab Emirates. You expressly acknowledge and agree that no legal regimes of consumer- or traveller’s protection apply to these Terms and Conditions, other than the protection provided under the laws of the United Arab Emirates.
17.1. This Agreement represents the entire understanding and agreement between the parties with respect to the subject matter thereof and, unless expressly provided otherwise, shall supersede any prior agreements and undertakings between the parties with respect to that subject matter.
17.2. This Agreement may not be amended, supplemented or otherwise modified, except by a written instrument executed by all parties directly or indirectly affected by such amendment, supplement or modification.
17.3. The invalidity of unenforceability of any one stipulation or clause of the present Agreement shall not result in the invalidity or unenforceability of any other provision of the Agreement or of the Agreement as a whole. In the event that the validity or enforceability of any provision of this Agreement is jeopardized or seriously challenged, the parties undertake to do whatever is reasonably necessary or advisable, including effecting such applications or filings, or restructurings of the provision in question, so as to be able to lawfully maintain such provision in full force or to substitute another provision that has economically substantially the same effect for all parties.
17.4. Except as expressly provided otherwise in this Agreement, neither any failure nor any delay by any party in exercising any right, power or privilege under this Agreement or any of the documents referred to in this Agreement will operate as a waiver of such right, power or privilege, and no single or partial exercise of any such right, power or privilege will preclude any other or further exercise of such right, power or privilege or the exercise of any other right, power or privilege.
17.5. You may not assign, novate, subcontract or transfer any right or obligation under the Agreement without the prior written consent of Terra Solis. Any assignment, novation, subcontracting or transfer must be in writing. Terra Solis shall be entitled to assign, novate, subcontract or transfer its interests, rights and obligations under the Agreement without your prior written consent.
ANNEX I. HOUSE RULES
15:00 hours/3.00pm. Earlier access is subject to availability on day of arrival.
12:00 hours/ noon. Late Check-out is on request. Please contact the front office. Additional fees may be applied.
The property reserves the right to charge an early departure fee in the event a guest departs earlier than the original departure date.
On request. Please contact the front office of each accommodation. Additional fees may apply.
Terra Solis can arrange private airport transfers. In order to properly arrange such airport transfers please contact us directly via the following contact details: email@example.com.
A valid credit card is required at the time of booking the accommodation in the Hotel via the Website. You must present the credit card used at the time of booking together with positive identification upon check-in at the Hotel. An imprint or swipe of the credit card will be taken upon check-in at the Hotel.
Upon departure from the Hotel, all fees for services rendered by Terra Solis to you shall be payable and where necessary the credit card will be debited by the Hotel staff to cover said fees.
The Hotel shall be entitled to debit your credit card for all cancellations, no-shows or for any damages caused by you or your travel companions to the Hotel, howsoever arising.
ANNEX II. CANCELLATION POLICY
Terra Solis Dubai General Cancellation Policy
Best Flexible Rates: Changes and cancellations are permitted up until 2pm hotel local time within 24 hours prior to arrival. Changes or cancellations within this time will be charged in full. No shows will also be charged in full.
Non-Refundable Rates: In order to offer you this special price please be aware that no changes or cancellations are possible.
Please refer to your booking cancellation policy found in your confirmed reservation.