Terms and Conditions
These Terms and Conditions apply from 01.01.2024 to provision of any Services provided by Smart Luxury to any customer, other members of a customer’s party, and their guest/s and their use of those Services (as “Services” is defined in Clause 1 below) only where the customer and such guest/s are “Consumer/s” as defined by the EU Consumer rights directive
1. 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 any other person/organisation;
“Booking Confirmation”
Means the binding confirmation sent by, US to You via email. After YOU have initiated the booking order and approved the due payment as well as these Terms, Hotel- and Cancellation Policy.
“Cancellation Policy”
Means the Hotel standard Cancellation Policy displayed in the booking process on the payment site and provided in the Booking Confirmation.
“Consumer”
Means a “consumer” as defined by the EU Consumer rights directive and in relation to these Terms and Conditions means an individual, customer or guest of the Hotel who receives Services for his/her personal use and for purposes wholly or mainly outside the purposes of any Business;
“Hotel/We/Us/Our”
Means Smart Luxury as in "Background" paragraph above and its premises and place of business, and whose contact address is the same address as above and includes all employees and agents of the Hotel;
“Hotel Policy”
Means the standard Hotel Policy displayed in the booking process on the payment site and provided in the booking confirmation.
“Price List”
Means the Hotel’s standard price list of Rates. The Price List is available from SmartLuxury.is;
“Rates”
Means the prices payable for provision of room, accommodation and (where applicable) other Services;
“Services” means 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 any other activities we may provide to You; and
“You/Your” means an individual who is a customer of the Hotel who agrees to pay both for him/herself as a paying guest of the Hotel and also for members of his/her party and any
of his/her guests;
1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
1.2.1 “these Terms and Conditions” is a reference to these Terms and Conditions as amended or supplemented at the relevant time; and
1.2.2 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 shall not affect the interpretation of these Terms and Conditions;
1.4 Words signifying imparting the singular number shall include the plural and vice versa; and
1.5 References to any gender shall include all genders.
2. Reservations
2.1 You may make a reservation for a room or other Services in advance through, including but not limited to these booking methods Hotel website, 3rd Party booking platforms, telephone, in person and email;
2.2 When You request Us to make 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 for any reservation at the time of booking. We will take Your credit/debit card details and You authorise the use of this card for any sums that become due to Us. By default You must pay in full at the time of booking, unless the reservation expressly states otherwise then, We will not take any payment from You, until the time indicated in Clause 3 below;
2.4 Your request to Us to make a reservation for You will be an offer, but whether We accept any such request will be for Us to decide in Our discretion. Only if and when We provide You with Booking Confirmation via email stating that We accept Your request for a particular reservation and We give You a booking reference will there be a booking. Only that acceptance of the booking will be a binding contract between You and Us for the reservation of a room or other Service reserved;
2.5 You may change Your reservation at any time before You arrive (subject to the Cancellation Policy set out in Clause 4 below). We will use all reasonable endeavours to accommodate Your requested changes, but We do not promise that all changes that You request will be accommodated;
2.6 Instead of making a reservation in advance, You may make a booking when You arrive, and if We have availability of the type of room or the particular room or other Services that You request at that time, We will accept Your request for the booking, but We cannot promise that any room(s) or particular room(s) requested or such requested Services will be available; and
2.7 You may request additional nights at the Hotel at any time during Your stay. We will use all reasonable endeavours to meet such a request, and if We can meet any request We will accept the request as a booking and that booking will then be a binding contract between You and Us.
3. Fees and Payment
3.1 We make details of Rates including, where applicable, promotional Rates and other special offers available e.g. on Hotel website, at the Hotel reception, by email/post.
3.2 When You request a reservation and We quote any Rate(s), the Rate(s) will apply only to provision of hotel bedroom accommodation unless We specifically state otherwise.
Additional charges will apply (and You may refer to them in Our Price List) for other Services including, but not limited to, car parking, meals, drinks, room service, use of wireless internet access, leisure, fitness or entertainment facilities or activities, use of any function or other rooms, or any other equipment, services or facilities. We will inform You of Rates payable for such additional Services on request when You arrive at the Hotel;
3.3 Subject to sub-Clause 3.4 below, and unless We agree a different arrangement with You, We shall give you an invoice for all sums due and payable to Us and You must pay that invoice in full when You check-out from the Hotel;
3.4 The following will apply to any promotional Rates that We may offer from time to time:
3.4.1 Unless We specifically state otherwise, You must pay in full at the time of booking for a reservation to which a promotional Rate applies and We will not have to give You any refund except where Clause 4 and our Cancellation Policy specifically states that We must do so ;
3.4.2 If You incur charges during Your stay in addition to the promotional Rate for the reservation of a room, We will invoice them and You must pay for them as required by sub-Clause 3.3 above; and
3.4.3 If you request any additional nights and We accept the request as a booking under sub-Clause 2.7 above, You must pay for the additional nights at the standard Rate available at that time;
3.5 You may pay Us for Services (and for any deposit or other advance payment on account of that payment) using any of the following methods:
3.5.1 credit / debit card
3.6 We may alter any of Our Rates without prior notice but if the Rate of any Service increases between the time when You make a booking and the date when the booked room accommodation or other Service is to be provided, any increase in the Rate will not apply to Your booking;
3.7 Whether these Terms and Conditions require payment upon booking or on check out or at any other time, You must pay in full for any reservation booked and will not be entitled to any refund, except as stated in sub-Clause 3.8; and
3.8 Where Clause 4 and/or our Cancellation Policy specifically says that You will be entitled to a (full or partial) refund, or where you become entitled to any refund either as a result of Our breach of these Terms & Conditions or as a “consumer” under the EU Consumer rights directive or other consumer protection legislation, We will make a refund to You as set out in Clause 4 and/or our Cancellation Policy, or as required by such legislation.
4. Cancellations and Refund Policy
4.1 You may cancel in accordance with the Cancelation Policy, displayed in the booking process on the payment site, before You approve any payment due to Us. The same Cancelation Policy is provided in the Booking Confirmation email after You have initiated the booking order.
4.2 If You cancel later than the stated notice of cancellation policy of a reservation, We will be entitled to charge You a Late Cancellation Charge calculated as set out at sub-Clause 4.4 below;
4.3 We may, at any time before You check in, cancel a reservation booked by You in the following circumstances:
4.3.1 The required accommodation and/or personnel and/or other resources necessary for the provision of the room are not available due to any cause outside Our reasonable control. If We cancel a reservation in such circumstances, We will offer You alternative accommodation of the same standard or better if it is available. If it is not available or We offer it to You and You decline it, We will refund to You in full any deposit or other advance payment that You have made to Us for Your reservation; or
4.3.2 If You have not paid for Your stay in full in advance of check in and You do not arrive by agreed check in time as according to the Hotel Policy,on the first day when You are due to stay at the Hotel. In that case We shall be entitled to re-let Your room after that time unless You have notified Us in advance of Your late arrival and We have agreed to some other time for latest check in. If We cancel under this sub-Clause, We will be entitled to charge You a Late Cancellation Charge as if You had cancelled under sub-Clause 4.2 above. We shall attempt to contact You to inform You of that cancellation; or
4.4 A “Late Cancellation Charge” means and will comprise the net financial loss that We suffer due to Your cancel. The Late Cancellation Charge shall be as outlined in the cancelation policy. We may take the Late Cancellation Charge when or after You cancel using the payment details You provided when You made the reservation. We will be entitled to deduct some or all of the Late Cancellation Charge from any sum You paid Us in advance and to keep the amount deducted, and We shall refund to You any balance of the advance payment from You.
4.5. Cancellation due to Force Majeure means the same Cancelation Policy as You have accepted in the booking order. We are not responsible for any unforeseeable changes in your travel arrangements. Regardless of whether it's cancellation or changes of your flights or any other circumstances that may affect your travel arrangement such as bad weather conditions or any other external factors.
4.6. Contact details for any cancellation or other inquiries: smartluxury@smartluxury.is or +354 8697610
5. Check-in and Check-out
5.1 The check-in time at the Hotel is stated in the Hotel Policy in the booking process and provided in the confirmation email. But if you check in after that time We may not be able to provide You with the full range of Services normally available to customers.
5.2 Late check-In in cases of when you arrive at the Hotel after the Hotel staff working hours. We reserve the right to charge You additional Late Night Check In - Fee.
5.3 The latest time by which You must vacate Your room and check-out from the Hotel is stated in the Hotel Policy in the booking process and provided in the confirmation email. We may beforehand agree at Our discretion to an arrangement for a later time for vacating Your room and/or check-out but if We have not agreed to a later time and You do not vacate Your room and check out as according to the Hotel Policy. We will be entitled to charge You for an additional night’s accommodation at the standard applicable Rate.
5.2 If We have agreed and arranged a late check-out under sub-Clause 5.2 above, We shall be entitled to charge You at an hourly rate for the additional time from our standard latest check out time, until the time You check out, and We shall give You details of the hourly rate of that charge when You request a late check-out time.
6. Hotel Rules
6.1 In addition to the Hotel Policy the following rules apply in all cases.
6.2 You must conduct Yourself in a reasonable and responsible manner at all times when on the Hotel property and must not act in any way which may disturb other guests. If You do not, We may ask You to leave the Hotel and in that case, You must immediately pay Us all sums due;
6.3 We will charge You for any and all damage caused by You to any Hotel property during Your stay.
6.4 All of the above rules will also apply to members of Your party and Your guests, and You shall be responsible for any breach of the above rules by any of them.
7. Food and Drink
7.1 As referred to in sub-Clause 3.2 above, unless We specifically state otherwise, food and drinks are not included in any Rate(s) for bedroom accommodation, and unless We have specifically stated or do state otherwise, We will make additional charges to You for them in accordance with sub-Clause 3.2 above;
7.2 If You or any of Your party or guests have any special dietary requirements, You should inform Us of them in advance of Your arrival. We will use all reasonable endeavours to accommodate those requirements and, where this is not possible, tell You that We are unable to do so; and
7.3 We will tell You times of meals when You arrive.
10. Limitation of Liability
10.1 We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when Our contract with You is created. We will not be responsible for any loss or damage that is not foreseeable;
10.2 Whilst We will operate and maintain Our car park with reasonable skill and care, We do not guarantee that other Hotel guests or members of the general public will not enter Our car park and steal or damage Your vehicle or property in it and/or engage in criminal activity, and accordingly, when You park or arrange for parking of Your vehicle in Our car park, You accept risk of theft or damage of or to Your vehicle and property in it if it is caused by any person other than Our staff or contractors;
10.3 We provide all Services only for Your personal and private use/purposes. We make no warranty or representation that products, or other goods or materials that We provide or sell are fit for commercial, business, industrial, trade, craft or professional purposes of any kind (including resale). We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity;
10.4 Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation; and
10.5 Furthermore, if you are a “consumer” as defined by the EU Consumer rights directive or a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under:
10.5.1 EU Consumer rights directive
10.5.2 any other consumer protection legislation; as that legislation is amended from time to time. For more details of Your legal rights please refer to Your local Citizens Advice Bureau or Trading Standards Office.
11. Changes to Terms and Conditions
We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such change.
12. Regulations
13.1 We are required by the EU Consumer rights directive and Card Schemes (VISA, MasterCard, etc) to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before We accept Your request to make a booking) except where that information is already apparent from the context of the transaction. We have included the information itself either in these Terms and Conditions for You to see now, or We will make it available to You before We accept Your request to make a booking. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.
12.2 Information
As required by the Regulations:
12.1 all of the information described in Clause 13; and
12.2 Any other information which We give to You about any Services or the Hotel which You take into account when deciding to make a booking or when making any other decision about the Services; will be part of the terms of Our contract with You as a Consumer.
13. Complaints
We always welcome feedback from Our guests and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if you have any cause for complaint. If You have any complaint about Our Services or any other complaint about the Hotel or any of Our staff, please raise the matter directly with the Hotel staff by phone or email or post.
15. Legal Compliance
15. 1 No Waiver.
No failure or delay by Us or You in exercising any rights under these Terms and Conditions means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of these Terms and Conditions means that We or You will waive any subsequent breach of the same or any other provision.
15.2. Severance
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.
15.3. Law and Jurisdiction
15.3.1 These Terms and Conditions, the Contract, and the relationship between you
and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the local law of the Hotel jurisdiction of Iceland.
15.3.2 As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.
15.3.3 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of our local jurisdiction in Iceland.
Contact us if anything is unclear :)
Heiðargil 8, Reykjanesbær, 230 Reykjanesbær.
