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GENERAL TERMS AND CONDITIONS
FOR HOTEL ACCOMMODATION CONTRACTS
(VERSION: JANUARY 2010)

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I. SCOPE OF APPLICABILITY

1.1 These Terms and Conditions govern contracts for the rental use of hotel rooms for lodging purposes, as well as all other goods and services rendered by the hotel for the customer in this connection (Hotel Accommodation Contract). The term “Hotel Accommodation Contract” comprises and replaces the following terms: accommodation, lodging, hotel, hotel room contract.

1.2 The prior consent in text form of the hotel is required if rooms provided are to be sublet or rented to other parties or used other than for lodging purposes, whereby section 540, para. 1, sentence 2 German Civil Code is waived insofar as the customer is not a consumer.

1.3 The customer’s general terms and conditions shall apply only if these are previously expressly agreed in text form.

2. CONCLUSION OF CONTRACT, PARTIES, STATUTE OF LIMITATIONS

2.1 The hotel and the customer are the contracting parties. The contract shall come into force upon the hotel’s acceptance of the customer’s offer. At its discretion, the hotel may confirm the room reservation in written form.

2.2 Any claims against the hotel shall generally be time-barred one year after the commencement of the general statute of limitations period. Damage claims shall be time-barred after five years, dependent on knowledge thereof, insofar as they are not based on claims arising out of harm inflicted on life, limb, physical health or liberty. These damage claims shall be time-barred after ten years, independent of knowledge thereof. The reduction of the statute of limitation periods shall not apply to claims which are based on an intentional or grossly negligent breach of obligation by the hotel.

2.3 The customer has to provide an approximate time of arrival.

2.4 Any binding direct booking via agent and booking websites shall only be possible for up to 10 persons and up to 7 nights. Enquiries for larger bookings may only be made direct. The hostel shall not be bound by a confirmation by an agent or booking website. The limitation to 10 persons, 7 nights applies also to the total of interconnected individual bookings. Booking costs incurred by the customer shall not be refundable.

3 SERVICES, PRICES, PAYMENT, SET-OFF

3.1 The hotel is obligated to keep the rooms reserved by the customer available and to render the agreed services.

3.2 The customer is obligated to pay the agreed or applicable hotel prices for rooms provided and for other services accepted. This also applies to services ordered by the customer directly or via the hotel, which a third party provides and the hotel disburses.

3.3 The agreed prices include all taxes and local taxes in effect at the time of the conclusion of contract. This does not include locally levied taxes, which are owed by the guest himself according to the particular municipal law, such as visitor’s tax. If the statutory value added tax is changed or if local taxes concerning the rooms and services are newly introduced, changed or abolished after these have been contractually agreed upon, the prices will be adjusted. This only applies to contracts concluded with consumers, if four months have passed between the conclusion and fulfilment of the contract.

3.4 The hotel can make its consent to the customer’s later request for a reduction of the number of reserved rooms, services of the hotel or the customer’s length of stay dependent on the increase of the price for the rooms and/or for the other services.

3.5 Hotel invoices not stating a due date are payable without deduction and due within ten days of receipt of the invoice. The hotel can demand immediate payment of due debt from the customer. With default of payment, the hotel shall be entitled to demand the respectively applicable statutory default interest in the amount of currently 8 % or, with legal transactions with a consumer, in the amount of 5 % above the base interest rate. The hotel reserves the right to prove greater damage.

3.6 The hotel is entitled to require a reasonable advance payment or a security, such as a credit card guarantee, from the customer upon conclusion of the contract. The amount of the advance payment and payment dates may be agreed in written form in the contract. The statutory provisions shall remain unaffected with advance payments or a security for package tours.

3.7 In justified cases, e.g. the customer’s default in payment or expansion of the scope of the contract, the hotel shall be entitled, also after the conclusion of the contract up to the commencement of the stay, to demand an advance payment or a security within the meaning of the above-mentioned No. 3.6 or an increase of the advance payment or a security agreed in the contract up to the total agreed remuneration.

3.8 Furthermore, the hotel shall be entitled, at the commencement and during the customer’s stay, to demand a reasonable advance payment or security deposit within the meaning of the above-mentioned No. 3.6 for existing and future accounts receivable from the contract, insofar as such has not already been paid pursuant to the above-mentioned No. 3.6 and/or No. 3.7.

A room has not been claimed, if the announced guest did not check-in until 6.00 p.m. on the stipulated day of arrival, unless the Hostel has been informed of a later arrival. In such case, the Hostel is no longer obligated to keep rooms or beds reserved.

3.9 The customer may only set-off, reduce or clear a claim by the hotel with a claim which is undisputed or decided with final, res judicata effect.

4. WITHDRAWAL OF THE CUSTOMER (CANCELLATION, ANNULMENT)/FAILURE TO USE HOTEL SERVICES (NO SHOW)

4.1 The customer can only withdraw from the contract concluded with the hotel, if a right of withdrawal was explicitly agreed upon in the contract, another statutory right of withdrawal exists or if the hotel gives its explicit consent to the withdrawal. The contractual agreement of a right of withdrawal as well as the consent to withdrawal from the contract shall be in written from.

4.2 Insofar as the hotel and customer have agreed upon a date for a cost-free withdrawal from the contract, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer’s right of withdrawal shall expire, if he does not exercise his right of withdrawal vis-à-vis the hotel by the agreed date.

4.3 The hotel is entitled to the contractually agreed rate even if the rooms are not used, if a contractual right of withdrawal was not agreed or has expired, a statutory right of withdrawal or cancellation is not given and the hotel does not give its consent to the cancellation of the contract. The hotel must credit the income from renting the rooms to other parties as well as for saved expenses. If the rooms are not rented otherwise, the hotel can demand the contractually agreed rate and assess a lump sum for the saved expenses of the hotel. In this case, the customer is obligated to pay at least 100 % of the contractually agreed rate for lodging with or without breakfast as well as all-inclusive arrangements with contracted services,

4.4 At its discretion, the Hostel may demand the contractually agreed compensation and to make a flat-rate deduction for saved expenses. In this case, the customer is obligated to pay a cancellation fee as follows:


Cancellation and changes to the booking are free of charge up to 7 days before arrival.
This can be done at any time by phone, email or using the contact form.
In the event of cancellation within 7 days prior to arrival, the guest pays an amount equal to the first night. In the event of no-show, guests pay an amount equal to the total price. or if a cancellation is received on the day of arrival, we charge 100% of the total amount. The value of contract value shall be the gross rate for boarding and lodging agreed upon in the Accommodation Contract, however without any additional services, arranged by third parties. The Hostel may claim against the customer for cancellation / damage claims for additional services booked by the Hostel with third parties on behalf of the customer.

The customer is at liberty to show that the claim mentioned above was not created or not created in the amount demanded.

4.5 In the case of partial cancellations (e.g. reduced number of persons, shorter stay) the cancellation fee shall become due only for the affected part and scope of the contract. However, the Hostel shall be entitled to apply the currently prevailing standard conditions for the reduced service, provided the customer was granted concessions different there from. One-time partial withdrawals of up to 10% of the value of contract shall come under goodwill and will be free of cancellation fees.

5 WITHDRAWAL OF THE HOTEL

5.1 Insofar as it was agreed that the customer can withdraw from the contract at no cost within a certain period of time, the hotel is entitled for its part to withdraw from the contract during this period of time if inquiries from other customers regarding the contractually reserved rooms exist and the customer, upon inquiry thereof by the hotel with a reasonable deadline set, does not waive his right of withdrawal.

5.2 If an agreed advance payment or an advance payment or a security demanded pursuant to No. 3.6 and/or No. 3.7 is not made even after a reasonable grace period set by the hotel has expired, then the hotel is likewise entitled to withdraw from the contract.

5.3 Moreover, the hotel is entitled to effect extraordinary withdrawal from the contract for a materially justifiable cause, in particular if - force majeure or other circumstances beyond the hotel’s control render the fulfillment of the contract impossible; - rooms or spaces are reserved with culpably misleading or false information or concealment regarding essential facts; the identity or solvency of the customer or the purpose of his stay can constitute essential facts; - the hotel has justified cause to believe that use of the hotel’s services might jeopardize the smooth operation of the hotel, its security or public reputation, without being attributable to the hotel’s sphere of control or organization; - the purpose or the cause of the stay is illegal; - there is a breach of the above-mentioned No. 1.2.

5.4 The justified withdrawal by the hotel constitutes no claims for damages for the customer

6. ROOM AVAILABILITY, DELIVERY AND RETURN

6.1 The customer does not acquire the right to be provided specific rooms insofar as this is not expressly agreed.

6.2 Reserved rooms are available to the customer starting at 3:00 p.m. on the agreed arrival date. The customer does not have the right to earlier availability.

6.3 Rooms must be vacated and made available to the hotel no later than 12:00 noon on the agreed departure date. After that time, on the grounds of the delayed vacating of the room for use exceeding the contractual time, the hotel may charge 50 % of the full accommodation rate (list price) for the additional use of the room until 6:00 p.m. (after 6:00 p.m.: 90 %). Contractual claims of the customer shall not be established hereby. The customer is at liberty to prove that the hotel has no or a much lower claim for charges for use of the room.

6.4 The Hostel shall be entitled to charge compensation for damages to the rooms or beds, if its use was contrary to the contract and special cleaning was needed because of unusual or wanton pollution.

7. LIABILITY OF THE HOTEL

7.1 The hotel is liable for harm inflicted on life, limb and physical health. Further it is liable for other damage caused with full intent or gross negligence or due to intentional or grossly negligent violation of obligations typical for the contract. A breach of obligation of the hotel is deemed to be the equivalent to a breach of a statutory representative or vicarious agent. All other claims for damages are excluded, if not determined differently in this No. 7. Should disruptions or defects in the performance of the hotel occur, the hotel shall act to remedy such upon knowledge thereof or upon objection by the customer made without undue delay. The customer shall be obliged to undertake actions reasonable for him to eliminate the disruption and to keep any possible damage to a minimum.

7.2 The hotel is liable to the customer for property brought into the hotel in accordance with the statutory provisions. It recommends the use of the hotel or room safe. If the guest wishes to bring with him money, securities, stocks, bonds or valuables with a value of more than 800 EUR or other things with a value of more than 3500 EUR, a separate safekeeping agreement is necessary.

7.3 The Hostel assumes no liability for loss of or damage to bicycles, bikes, mopeds and motor vehicles parked or manoeuvred on the Hostel’s property or in the garage, nor the contents thereof, excepting cases of intent or gross negligence.

8. FINAL PROVISIONS

8.1 Amendments and supplements to the contract, the acceptance of offers or these general terms and conditions should be made in written form. Unilateral amendments or supplements by the customer are invalid.

8.2 For commercial transactions the place of performance and payment as well as, in the event of litigation, including disputes for checks and bills of exchange, the exclusive court of jurisdiction is at [Bitte Ort eintragen, wahlweise Standort des Hotels oder Sitz der Betreibergesellschaft]. Insofar as a contracting party fulfills the requirements of section 38, para. 2 of the German Code of Civil Procedure (ZPO) and does not have a place of general jurisdiction within the country, the courts at [Bitte Ort eintragen, wahlweise Standort des Hotels oder Sitz der Betreibergesellschaft] shall have exclusive jurisdiction.

8.3 The contract is governed by and shall be construed in accordance with German law. The application of the UN Convention on the International Sale of Goods and Conflict Law are precluded.

8.4 The Hostel does not commit to use the Online Dispute Resolution. Information about this can be found on http://ec.europa.eu/odr

8.5 Should individual provisions of these general terms and conditions be or become invalid or void, the validity of the remaining provisions shall remain unaffected thereby. The statutory provisions shall also be applicable.

Imprint

According to § 5 TMG:

Hostel 199
Danziger Str. 199
10407 Berlin

fon: +49 (0) 1573 034 2014

E-Mail: info (ä) hostel199 de

Managing director: David Sakenas

Registry court: Amtsgericht Berlin-Mitte

Registry number:
DE313307967

Value added tax identification number:
31/503/01876

Responsible for the content according to § 55 Abs. 2 RStV:
David Sakenas

Source: https://www.e-recht24.de

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