General Terms and Conditions
LODGE Finland (Luonnekas Oy)
This is an English translation of the Finnish general terms and conditions. In the event of any discrepancy, the Finnish version prevails.
1. General
These General Terms and Conditions of Lodge Finland (the terms and conditions) set out the terms on which Luonnekas Oy (business ID: 3212257-1) and any of its subsidiaries (Lodge Finland) provide accommodation, digital services (as defined below) and other services (together, the services). These terms and conditions also contain information addressed to consumer customers concerning distance selling.
In these terms and conditions: customer means a person (a natural person or a legal person) who enters into an agreement with Lodge Finland; guest means a person who uses the services (for example, an employee of the customer) and who has been declared a guest of Lodge Finland; booking means a booking of the services made by the customer; unit means an apartment, room or other accommodation unit provided by Lodge Finland for accommodation purposes, together with the related common areas.
2. The agreement and the agreement period
The agreement concerning the services between the customer and Lodge Finland (the agreement) must be in writing. Unless another direct written agreement has been concluded between Lodge Finland and the customer, the agreement is deemed to be the email confirmation sent by Lodge Finland to the customer (including its attachments and other documents referred to therein) (the booking confirmation), which is valid and binding until the parties have fulfilled their obligations relating to the booking.
These terms and conditions, together with all rules and policies applicable to the unit that are in force at Lodge Finland from time to time (together, the unit-specific rules), are considered an integral part of each agreement. In addition, they apply to all agreements even without an express reference. These terms and conditions also apply to all use of the digital services. The applicable terms and conditions and unit-specific rules are the latest versions published on Lodge Finland's website at the time of booking. In the event of any conflict between the agreement and these terms and conditions, these terms and conditions prevail. Lodge Finland does not accept any amendments to or deviations from these terms and conditions unless expressly agreed in the agreement.
3. Guests and accommodation
If the customer and the guest are different persons (the guest is, for example, an employee of the customer), the customer is obliged to ensure that the guest undertakes to comply with the unit-specific rules and all other obligations arising from the agreement and from applicable laws, regulations and official decisions.
Before checking in to the unit, every guest is obliged to provide their personal and contact details and their identity document in writing. Lodge Finland has the right to deny access to the unit if the customer or guest does not provide the requested information and documents.
The guest may use the unit only for ordinary accommodation. Other persons are not permitted to use or stay in the unit. The guest must treat the unit and its property with due care and avoid causing damage or disturbance. The following are prohibited: i) smoking; ii) the use of strong fragrances; iii) the use of intoxicants; iv) offering sexual services or producing adult entertainment content; v) engaging in criminal activity; and vi) keeping pets in the unit. Pets are permitted in some units with Lodge Finland's separate written consent and for a separate fee.
Guests must also ensure that i) the unit and shared spaces are clean and tidy; ii) all waste is disposed of in a timely manner and placed in the waste bins; iii) lights, electrical appliances and water taps are switched off before leaving or going to sleep; iv) doors are locked and windows closed before leaving the unit; v) keys or door codes are not copied, shared or handed over to third parties; and vi) no repairs or alterations are made in the unit.
The customer and the guest are obliged to notify Lodge Finland immediately of any defects or damage in the unit. Emergencies must also be reported immediately to the authorities and/or the maintenance company. The customer is not entitled to compensation for defects that have not been duly reported. Furthermore, failure to report damage may render the customer liable for damage that could have been avoided through appropriate measures.
Guests must allow a representative of Lodge Finland to enter to inspect the condition of the unit and to oversee any care and maintenance work. A representative of Lodge Finland or a third party, such as the owner of the unit or an authorised representative, must be granted access to the unit when necessary for inspection and marketing purposes without the guest's express consent. If the customer has requested Lodge Finland to provide services that require a visit to the unit, it may not be possible to notify the customer of the time of the visit in advance.
Failure to comply with these rules constitutes a breach of the agreement, and Lodge Finland may deny the guest access to the unit (without any right to a refund or other compensation).
4. Bookings and accommodation periods
A booking takes effect when Lodge Finland has confirmed it with a booking confirmation. The customer is entitled to use the booked accommodation from the first to the last day of the accommodation period stated in the booking confirmation (the accommodation period), provided that the customer has paid the payments relating to the booking in full and on time. Lodge Finland has the right to consider the booking terminated at any time and without separate notice if the customer fails to make full and timely payment for the billing period stated in the booking confirmation or for other charges. If the booking is terminated, Lodge Finland has the right to immediately deny the guest access to the unit.
The customer may reserve the right to book the same unit for an additional accommodation period, provided that the unit is available and a separate fee has been paid for it. For the avoidance of doubt, section 7 also applies in situations where the customer has paid the aforementioned fee.
If Lodge Finland agrees to accept a booking valid until further notice, it remains valid until either party terminates it. However, the minimum charge is for a period twice as long as the selected notice period. Notice must be given in writing. If the notice period is measured in months, it begins to run on the last day of the month in which the notice of termination is given. If the notice period is measured in days, it begins to run immediately.
Lodge Finland has the right to invoice the customer for all costs arising from the customer's failure to comply with its contractual obligations. If the unit cannot be used for ordinary business after the booking (the stay) due to damage caused by the guest or customer, unusual uncleanliness or another breach of the agreement, Lodge Finland has the right (in addition to other available rights and remedies) to invoice the customer a charge equal to the unit's normal daily rate multiplied by the number of days during which the unit is not available for ordinary business.
5. Fees, payments and deposits
Prices and payment terms are specified in the agreement. Lodge Finland provides customer service, for which additional charges may apply.
The pricing of the services is based on the assumption that the customer pays for the services for the entire accommodation period. If the booking is terminated before the end of the accommodation period (i.e. the customer does not pay for the entire accommodation period), Lodge Finland will invoice the customer an early-termination charge (exceptions relating to flexible bookings may apply here). Further information on the early-termination charge is available in the booking confirmation and/or on Lodge Finland's website.
Overdue payments are subject to interest on late payment of 16 per cent from the due date, except for consumer customers, to whom the highest interest on late payment permitted by law applies. Lodge Finland has the right to charge reasonable collection costs for overdue payments. Partial payments are applied first to cover interest and then the principal.
Lodge Finland has the right to increase prices on the following grounds: i) regulatory changes or official decisions affecting the services and ii) a general increase in the cost level. Price changes are notified to the customer in writing. A price change takes effect 14 days after the date on which the notice was sent to the customer in accordance with these terms and conditions.
Lodge Finland has the right to correct technical pricing errors at any time, including after sending the booking confirmation (the price may never fall below the normal rental level of a comparable unit).
Lodge Finland has the right to require a security deposit or booking fee as security for the proper and timely fulfilment of all obligations arising from or relating to the agreement. The security deposit may also be used to cover damage caused to the unit, cleaning charges and other similar damage and costs (including administrative work) caused by the customer or guest. The security deposit (or the remaining part of it) is refunded within two weeks of all the aforementioned matters having been compensated. No interest is paid on the security deposit.
6. The customer's obligations and liabilities
The customer is obliged to compensate Lodge Finland in full for any damage caused to the unit or its movable property by the customer, the guest, pets or persons staying in or visiting the unit with the permission of the customer or guest. The liability for damages also covers damage caused negligently. Lost property and the costs of unusual cleaning of the unit must be compensated. A permit concerning pets (or payment of the related fee) does not release the customer from the obligation to compensate for damage caused by the pet.
Lodge Finland may offer its customers separate liability-limitation products. Such limitations require a separate agreement and payment by the customer of the related fees. However, the limitation of liability does not apply to i) damage caused to third parties or their property; ii) damage arising from the loss of or damage to movable property; iii) damage, injury or disturbance caused intentionally, through gross negligence or a lack of due care; or iv) any breaches of the agreement giving rise to a right of rescission.
The customer is obliged to compensate Lodge Finland for the consumption of water, electricity, heating, internet broadband or other similar utilities that is deemed to exceed ordinary expected use, i.e. ordinary household consumption (the use of utilities for business purposes is prohibited).
If Lodge Finland is unable to provide the accommodation in accordance with the booking (or cancels the booking) for a justified reason attributable to the customer or guest, Lodge Finland has the right to charge the customer a cancellation fee of at least EUR 250.
7. Lodge Finland's obligations and liabilities
Lodge Finland provides the services specified in the booking confirmation in accordance with the agreement and its ordinary business practices. If providing the booked unit proves impossible or causes an unreasonable burden, Lodge Finland has the right to provide the services by offering another comparable unit. Lodge Finland will remedy reported defects in the unit in accordance with its ordinary business practices.
If the customer's access to the unit is delayed due to an error by Lodge Finland, or the quality or standard of the unit is materially impaired and the defect has not been remedied within a reasonable time, the customer is entitled to a full or partial refund corresponding to the defect. Lodge Finland is not liable for items left in the unit.
Unless expressly provided otherwise in mandatory consumer protection law or other mandatory law, i) Lodge Finland is not liable for any indirect damage, and ii) Lodge Finland's liability does not exceed the amount the customer has paid for the services directly related to the damage. Lodge Finland is not liable for damage relating to force majeure. Lodge Finland's total liability under these terms and conditions or relating to the services shall under no circumstances exceed the lower of i) EUR 5,000 or ii) the fees paid by the customer for the services during the three (3) months immediately preceding the first occurrence of the event on which the claim is based.
8. Cancellations
Unless expressly agreed otherwise, all agreements and bookings are binding, and the customer may not terminate or cancel them. However, the customer has the right to rescind the agreement if Lodge Finland materially breaches the agreement and fails to remedy the breach within a reasonable time.
Lodge Finland has the right to rescind the agreement with immediate effect if the customer (or guest) materially breaches the agreement or the obligations arising from it. Lodge Finland also has the right to rescind the agreement with immediate effect for the following reasons: i) failure to pay fees, advance payments or security deposits due to Lodge Finland; ii) the customer is insolvent, becomes insolvent or is at risk of becoming insolvent (in Lodge Finland's reasonable judgement); iii) a breach of the agreement by the customer or guest giving rise to a right of rescission, including breaches of these terms and conditions and the unit-specific rules.
All cancellations must be notified in writing. Cancelling or otherwise terminating the agreement does not release the customer from any obligations already accrued, including payment obligations. All terms of the agreement and these terms and conditions that by their nature are intended to survive termination (including cancellation and expiry) shall survive termination.
9. Digital services
The purpose of the websites, extranets, online stores and all other digital services provided by Lodge Finland (the digital services) is to enable each user of the digital services (the user) to explore the services, purchase, book and pay for the services, manage bookings and perform other similar functions (the purpose).
Lodge Finland provides the digital services in accordance with its ordinary business practices and processes, and these practices and processes may change from time to time. The digital services are provided as is, without any express or implied warranties as to availability, features, functions or other characteristics relating to the digital services.
The digital services are protected by the intellectual property rights of Lodge Finland and certain third parties. The user is hereby granted a revocable, non-exclusive, non-transferable, non-sublicensable right to use Lodge Finland's digital services for the purpose in accordance with these terms and conditions.
The user is not entitled to use the digital services for any purpose other than the purpose. Copying, redistributing and transmitting the digital services without prior written permission is expressly prohibited. The customer is obliged not to use the digital services in a manner that causes them unnecessary burden or disturbance or that is unlawful or contrary to generally accepted business practices.
10. Digital service accounts
The user account created for the user upon first login is either a private account intended for private accommodation use or a business account intended for business-travel use, which is linked to a specific legal person that the user represents when using the digital services (the business customer).
The main differences between a private account and a business account are as follows: i) business customers may maintain and manage business accounts; ii) reporting and payments may be arranged centrally for business accounts; iii) information on purchases and bookings relating to a business account may be visible to other users of the business customer. The business customer has the option to appoint certain users as administrator users, who have visibility into all past and current bookings made by that business customer's business accounts. Private use of a business account is prohibited unless expressly agreed otherwise.
Each user of a business account is obliged to ensure that they hold all the necessary authorisations and permissions to represent the business customer and to make commitments binding on the business customer. In the absence of such authorisations and permissions, the user is personally liable for the transactions carried out through the business account and the bookings made through it.
The user must not disclose their login credentials to any third party. The user must immediately notify Lodge Finland if they suspect that a third party has gained access to the user's login credentials. The user is responsible for the use of the digital services with their credentials until they have reported the security breach to Lodge Finland in writing.
11. Payment services and privacy
Lodge Finland may use third-party payment services in connection with the digital services. Lodge Finland is not liable for external service providers unless such liability arises from mandatory provisions of law.
The customer confirms that they have received and accepted Lodge Finland's privacy policy in force from time to time. The customer understands and accepts that all bookings made on a business account may also be visible to other users (such as administrator users). If the cooperation between Lodge Finland and the customer involves the processing of personal data, Lodge Finland has the right to require that the parties enter into a separate data processing agreement using Lodge Finland's standard practices and templates.
12. Other terms
Lodge Finland is not liable for any delay or failure to perform caused by an impediment beyond its reasonable control, provided also that Lodge Finland could not reasonably have foreseen such an impediment when sending the booking confirmation and that such an impediment cannot be removed or avoided at reasonable cost and effort (force majeure). The following events always constitute force majeure: water damage, accident, fire, strike, natural disaster, interruption of energy supply, power outage, water or sewer problems, heating problems, pandemics, war and pandemic-related restrictions, official decisions concerning the unit, internet connection outages, and repairs, maintenance and other similar work carried out by third parties. Force majeure affecting a partner or subcontractor of Lodge Finland releases Lodge Finland from liability.
If changes in the law, official orders or other reasons render provisions of the agreement invalid or void, the other parts of the agreement remain in force and the parties are obliged to negotiate a solution that corresponds to the original purpose and to the balance of obligations and liabilities between the parties.
When making a booking, the customer is asked to provide an address for the delivery of notices concerning the agreement. During the term of the agreement, Lodge Finland may send notices to the customer and to the guest staying in the unit by email and text message, such as reminders of the agreement's deadlines. The customer may opt out of receiving such notices.
Unless Lodge Finland has expressly agreed or stated otherwise, the accommodation services are provided by, and the service provider that is party to the agreement is, the Lodge Finland unit operating in the country where the unit is located. The details of the Lodge Finland unit are stated in the booking confirmation.
Lodge Finland has the right to transfer its rights and obligations under these terms and conditions to any of its group companies or to a third party that acquires the relevant business relating to these terms and conditions.
13. Choice of applicable law and dispute resolution
The contractual relationship between the relevant Lodge Finland unit and the customer is governed by the laws and regulations of the country in which the unit is located (or in which the other services are provided), excluding, however, the provisions concerning the choice of applicable law. Any disputes, controversies or claims arising out of or relating to the agreement, or its breach, termination or validity, are subject to the exclusive jurisdiction of the public and competent courts of the country in which the unit is located. However, if the customer is a consumer customer, the provisions of mandatory law apply. Consumer customers may also have the right to lodge a complaint with the following public bodies:
Finland: the Consumer Disputes Board. Further information is available at kuluttajariita.fi.
If the matter concerns cross-border situations within the European Economic Area, you can seek advice from the European Consumer Centres Network (see eccnet.eu).
14. Information required by consumer protection legislation
The digital services are provided by Luonnekas Oy (business ID: 3212257-1). Luonnekas Oy's postal and visiting address is Valkolantie 361, 41360 Valkola (Laukaa). The details of the Lodge Finland unit providing the accommodation services are presented in connection with the sales process.
The right of withdrawal for online purchases does not apply to accommodation services. Lodge Finland has not undertaken to comply with the codes of conduct defined in Article 2(f) of Directive 2005/29/EC.