Terms and Conditions
1) These terms and conditions of business apply to all contracts for the rental of hotel rooms for accommodation and all further services which the hostel provides to the customer in connection with this (hotel accommodation contract). The term “hotel accommodation contract” encompasses and replaces the following terms: accommodation contract, guest accommodation contract, hotel contract, hotel room contract.
2) Any terms or terms and conditions of business which the customer or the party making the booking has which differ from these shall not apply unless this has been previously explicitly acknowledged in writing by the hostel.
3) Subletting and re-letting is only permitted with the hostel's written authorisation. Use for purposes other than accommodation of guests is not permitted.
II. Formation of the contract, parties to the contract
1) The contract is not created until the hostel accepts the customer’s offer to form a contract and the customer confirms this in writing. Should a confirmation in writing not be possible or not be desirable in an individual case, explicit confirmation by the hostel by telephone shall also suffice.
2) The parties to the contract are the hostel and the customer who is using the hostel's services. If a third party has made the booking for the customer, the third party is jointly and severally liable to the hostel together with the customer for all obligations arising from the hotel accommodation contract.
III. Services, prices und payment
1) The hostel is required to keep the rooms and beds the customer has booked available and to provide the agreed services. Unless otherwise agreed, there is no entitlement to the provision of a certain room or bed.
2) The customer is required to pay the hostel's current or agreed prices for the provision of the room and bed and for any further services the customer has used. This also applies to services provided on the customer’s request and the hostel's outlays to third parties.
3) On arrival, the entire amount must be paid in advance unless other arrangements have been previously agreed in writing.
4) If 6 or 8 bed rooms are rented in their entirety, a deposit of €100 per room is to be provided on arrival.
5) The agreed prices include the current statutory value added tax. The prices will be adjusted accordingly if, after the contract has been formed, the statutory sales tax changes or if local taxes are introduced, changed or abolished on the services which are the subject of the agreement.
6) If the period between the formation and the fulfilment of the contract is more than four months and the price the hostel charges for such services increases between formation of the contract and provision of the services, the hostel can then increase the contractually agreed price by a reasonable amount, but at most by 5%. In this case, the customer is entitled to revoke the contract.
7) The hostel can make its consent to a later, customer requested reduction in the number of rooms or beds booked, the hostel's services or the length of the customer's stay conditional on an increase in the price for the rooms or beds and/or other services of the hostel.
8) The hostel is entitled to make the binding reservation of the room/bed conditional on the receipt of an advance payment. The hostel cam also still require a reasonable advance payment after the contract has been formed.
9) The invoice amount to be paid by the customer is due and payable on the customer's departure at the latest. Advance payments required by the hostel are to be paid by the date specified by the hostel in each case.
10) The hostel is entitled to require prepayment of the full price or a security deposit at any time – even after the customer has taken possession of the room/bed – if it has doubts about the customer's ability to pay. For stays of more than one week or outstanding accounts of more than €500 for services already provided, the hostel can also issue interim bills which are payable immediately.
11) If the customer is late paying even a single bill, the hostel is entitled to discontinue all further and future services for the customer if the hostel has previously sent the customer a reminder stating a deadline for payment and has threatened that it will discontinue future services if payment is not made on time.
12) Whether to accept credit cards and which credit cards to accept is up to the hostel in each individual case a credit card is presented, including if the general acceptance of credit cards is advertised by notices in the hostel. Cheques, credit cards and other means of payment are only accepted as conditional payment.
IV. Set-off and right of retention
1) The customer is only allowed to offset debts to the hostel if the customer's counterclaims have been declared final and absolute, are undisputed or have been recognised by the hostel.
2) A right of retention exists only if the hostel's claim and the customer's counterclaim are based on the same contractual relationship.
V. Revocation by the hostel
1) If in an individual case it is agreed in writing when the contract is formed that the customer has a right of revocation free of charge within a certain period, the hostel for its part is entitled to revoke the contract within this period if it has enquiries from other customers for the contractually booked rooms/beds and the customer does not waive their right of revocation on request by the hostel.
2) If an advance payment (cf. III (7)) or a prepayment (cf. III (9)) is not made even after the expiry of a reasonable grace period set by the hostel, then the hostel is likewise entitled to revoke the contract.
3) The hostel is furthermore entitled to revoke the contract for a factually justified reason, for example in the case of force majeure or other circumstances which the hostel is not responsible for and which make it impossible to fulfil the contract; rooms/beds are booked with misleading or false information e.g. regarding who the customer is or the purpose; the hostel has legitimate cause to assume that the use of the hostel services might endanger the smooth running of the business, the safety or reputation of the hostel in the public eye where this is not within the hostel's power of control or organisational remit. The customer lets a third-party use the room without the hostel's consent. The purpose or reason for the stay is illegal.
4) In the case of justified revocation of the contract by the hostel, the customer is not entitled to compensation for damages.
VI. Revocation by the customer
1) The customer is only entitled to a right of revocation in accordance with the statutory provisions or on the basis of the contractual agreement. If, in an individual case, when concluding the contract, the hostel and the customer have made a written agreement setting a date by which the contract can be revoked free of charge, the customer can only revoke the contract until this date without entitling the hostel to payment or to compensation for damages.
2) Otherwise, the customer is required to pay the agreed price even if the customer does not use the hostel's services. However, the hostel must reduce the amount owed by any income from letting the room elsewhere and the saved expenses.
3) The hostel is permitted to consolidate the deduction for the saved expenses into a lump sum. In this case, the customer is required to pay 80% of the agreed room/bed price. The customer is free to prove that the hostel actually made a greater saving in expenses or that the hostel suffered no loss or only a smaller loss.
VII. Taking possession of and returning rooms/beds/handing the rooms/beds over to third parties
1) Rooms/beds booked are available to the customer from 3 p.m. on the agreed arrival date. The customer does not have any right to earlier provision of rooms/beds without a separate agreement.
2) Unless a later arrival time has been agreed in advance or the room/bed has already been paid for in full in advance or the customer has given the hostel a credit card number which enables the room price to be debited, if the customer does not appear, the hostel has the right to give the room/bed to someone else after 6 p.m. In this case, the customer has no claims against the hostel.
3) The rooms/beds are to be vacated and made available to the hostel by no later than 11 a.m. on the agreed departure date. After this, the hostel can charge 80% of the full price for board and lodging (list price) until 6 p.m. and 100% of the full price for board and lodging (list price) from 6 p.m. for the use of the room/bed which exceeds the contract due to the late vacation of the room/bed. This does not establish contractual claims of the customer. The customer is free to prove that the hostel has not suffered any loss or has suffered a significantly smaller loss. Further possible claims for compensation for damage by the hostel remain unaffected.
4) Subletting or re-letting the rooms/beds supplied and their use for purposes other than accommodation require the prior written consent of the hostel. Should the hostel not consent to such subletting or re-letting, this does not establish any night of revocation for the customer.
VIII. Right to refuse entry/right to expel customers
The hotel is entitled to refuse a customer entry to the hostel and accommodation if there is justified concern on the customer's arrival that the customer is under the influence of alcohol or drugs or if the customer behaves abusively towards hostel staff or other customers. The hostel is entitled to expel a customer from the hostel and to terminate the contract which exists with the customer without notice if the customer repeatedly disturbs the peace or harasses or insults other customers or the hostel staff.
IX. The hotel's liability/period of limitation
1) The hostel’s liability without fault pursuant to section 536 a of the German Civil Code (Bürgerliches Gesetzbuch – BGB) is excluded.
2) If a parking space in the hotel car park has been made available to the customer, including in return for payment, the hostel does not accept any responsibility for the vehicle parked and items stored in it; thus no safe keeping contract is formed. The hostel is accordingly not liable if motor vehicles parked or moved on hostel property or their contents are lost or damaged unless the hostel has wilfully or grossly negligently brought about the damage or loss.
3) The hostel is liable to the customer for damage to the customer’s items which have been otherwise brought into the hostel pursuant to the statutory provisions of section 701 ff. BGB. Money, securities and valuables can be kept in the hostel safe. The hostel recommends making use of this possibility.
4) The hostel is fundamentally only liable for pecuniary loss to the customer in the case of intent or gross negligence. This notwithstanding, the hostel is also liable for ordinary negligence in the case of pecuniary loss if it has culpably breached a material contractual obligation; in this case, however, the liability for compensation is restricted to the foreseeable loss that typically occurs. The material contractual obligations are the obligations which need to be fulfilled for the proper execution of the contract to be possible at all and which the customer may routinely rely on being fulfilled.
5) The above restrictions of liability apply to all claims for compensation for damages irrespective of their legal basis.
6) All claims against the hostel fundamentally become time-barred one year from the start of the knowledge-dependent standard period of limitation of section 199 (1) BGB. Claims for compensation for damages become time-barred regardless of the knowledge of the circumstances giving rise to the claim and of the obligor in five years at the latest. These reductions of the period of limitation do not apply to claims which are based on a culpable injury to life, body or health or on breach of material contractual obligations or on a wilful or grossly negligent breach of the hostel's other obligations.
X. Internet use/hotel Wi-Fi
Prior to using the system, you must ensure that your device is compatible with the services offered. The operator does not provide any software, devices or system settings. In order to be able to use the offering, you must purchase a valid “Internet surf ticket”. The access data are transmitted on the login page in encrypted form. Suitable encryption methods (e.g. VPN, SSL) and security programs (e.g. antivirus and firewall software) are recommended for all other connections. You assume liability for all your activities with regard to this system. Presumable misuse may lead to legal consequences. The availability, performance and transmission speed are not guaranteed. Lag, faulty connections or temporary interruptions may occur. No liability of any sort is assumed for use or non-use of the services offered. The provider is entitled, in its discretion, either to block or stop all service, all material, all information or to suspend your access to the system.
XI. Final provisions
1) Any amendments or additions to the contract and these terms and conditions of business must be made in writing.
2) The place of jurisdiction and place of payment are the location of the hostel’s registered office.
3) The sole place of jurisdiction, including for disputes concerning cheques and bills of exchange, in commercial dealings is the location of the hostel's registered office. This also applies if the customer does not have a general venue in Germany.
4) German law applies exclusively. The use of the UN Convention on Contracts for the International Sale of Goods and of private international law is excluded.
5) If individual provisions of these General Terms and Conditions of Business should be or become invalid or impossible to execute, this will not affect the validity of the remaining provisions. The provision which is invalid or impossible to execute shall be replaced by the valid or executable provision which is closest in impact to the economic objective which the parties to the contract were pursuing with the provision which was invalid or impossible to execute. The above provisions apply mutatis mutandis for the case that the contract proves to have loopholes. Apart from this, the statutory provisions apply.