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AGB


Terms & Conditions for Accommodation Services

 

Dear Guest,

The following conditions govern the contractual relationship between you and the hostel. If you place your booking through an information or reservation system, or any other tourist information location - hereafter called "Reservation Location" – all accommodations through a booking agency in is accordance with the current booking offer. Contractual relationships are directly between you and the hostel. The following conditions and content shall be effective, between you and the hostel and will come into effect upon receipt of your reservation confirmation (i.e., accommodation contract). Please read these terms and conditions carefully.

 

1. Completion of the accommodation contract, Location of exchange

1.1 Bookings, which may be given orally, in writing, by phone, by fax, over the Internet or by e-mail, by the guest of the hostel, which may represented by a reservation location as a mediator of the accommodation, are contractually binding.

1.2 The accommodation contract is concluded upon receipt of the hostel booking confirmation, which a reservation location operates as representative of the hostel. It requires no particular additional form.

1.3 The booking is done by the guest who is the official legal representative of all persons listed in the booking, and is responsible for the contractual obligations of their guest(s), provided that (s)he has taken on a separate obligation in an explicit and separate written declaration.

1.4 The reservation location acts solely as an agent of the booked accommodation service.

1.5 Bookings can be made only through legally competent persons. Booking by minors requires prior written consent of the legal representative.

 

2. Reservations

2.1 Non-binding reservation, the guest is entitled to free withdrawal, only with the expressed agreement of the hostel or the reservation location as a possible representative of the hostel. If such an agreement was not made, the reservation, for the hostel and guest, is still contractually binding as stated in Paragraphs 1.1 and 1.2

2.2 If a non-binding reservation agreement has been made, the guest is obligated to inform the hostel or the reservation location, by the agreed upon deadline, if the reservation is to be treated as a binding reservation. If the guest does not inform the hostel or the reservation location by the previously agreed upon deadline, the reservation will be terminated (as stated in Section 1.2) accordingly.

 

3. Services and Prices

3.1 The amounts of owed hostel services arise solely from the service description in the booking documents (brochure, accommodation list, offer letters, website) in accordance with all information and explanations contained therein.

3.2 The stated prices are final and include all additional costs, unless otherwise specifically stated or agreed. Any additional costs to are primarily consumption-related costs (e.g., holiday apartments or holiday homes) as well as fees for additional services booked by the guest.

3.3 The total amount, less any advance payments, unless otherwise agreed, is payable upon arrival in connection with a detailed bill.

3.4 During the stay of the customer in the hostel, the hostel is also entitled to request payment of accrued claims by issuing an interim invoice at any time and to require immediate payment.

3.5 For groups of 9 persons, unless otherwise agreed, a 10% (ten percent) deposit of the total price is required, maximum 4 weeks after confirmation of booking. The balance is, unless otherwise agreed, without paying an additional fee, is due no later than the day before arrival. For short-term group bookings within 8 weeks before arrival, there is no advance payment required, but the bill must be paid in full, immediately, upon confirmation of booking.

 

4. Payment

4.1 Unless otherwise explicitly agreed, the guest who has made the contract (receipt of booking confirmation by the hostel or reservation location in oral, written or electronic form) for bookings, which is at least 14 days before the arrival date, is required to pay, within 7 days of booking, a deposit of the 1st night only directly to the hostel, not to the reservation location.

4.2 For bookings made, less than 14 days prior to arrival, the deposit must be paid immediately.

4.3 If the Hostel is willing and able to provide the contractual services and the guest who is required to deliver payment upon arrival, as previously stated, can lay no claim to use to the contracted available services.

4.4 The total residual payment, including incidental costs and consumption-related costs are to be paid on the day of departure to the hostel.

4.5 For stays lasting longer than 7 days, the hostel is entitled to present interim statements for additional - especially locally - booked or unused services or consumption-related costs in accordance with the contractual arrangements. These costs are required to be paid immediately.

 

5. Cancellation by the Guest

5.1 It should be noted that the visitor - regardless of the nature of the booking and/or the length of stay – does not have the right to a free legal termination or revocation of the rights as stated in the accommodation contract. Even illness, professional reasons or transportation problems (i.e., car breakdown, etc) does not release the guest from payment of the agreed room rate.

5.2 Unless otherwise agreed upon, in individual cases, the guest can cancel their reservation up to 3 days before the date of arrival without any charge. The cancellation must be submitted in accordance with Section 5.6 to the hostel or the reservation location.

Otherwise, in the event of cancellation or other non-use of the booked accommodation (in whole or in part) the hostel will insist on payment of the agreed total price including the food portion.

5.3 The Court acknowledges that the expenses saved by the hostel can be stated as follows:

 

Overnight at 10%

For bed and breakfast 20%

With half-board 30%

In full-board 40%

 

of the total price.

 

5.4 The host reserves the right to prove to the hostel, that higher expenses were saved. In this case, the guest is only responsible for payment of lower amount.

5.5 Travel cancellation and travel interruption insurance is strongly recommended.

5.6

Alternative 1: bookings through the reservation location

The cancellation, for accounting reasons, should only be sent to the reservation location, not to be sent to the hostel and should be in written form.

 

Alternative 2: Booking directly with the hostel

The cancellation shall be addressed, for accounting reasons, only to the hostel, not to local tourism agencies, travel agencies or other agencies and should be in written form.

5.7 Bookings for groups from 10 persons: reservations can be cancelled up to 60 days before the date of arrival for group bookings on the basis of multi-bed rooms. For groups based on single and double rooms, a free cancellation period is 45 days before the date of arrival. This deadline also applies if the contract was completed within this period. In case of a late cancellation within this period, the customer is obligated to pay cancellation charges according to the following conditions:

  1. 59 and 44 to 30 days before arrival, 30 percent of the agreed total price will be paid.
  1. 29 to 10 days before arrival, 50 percent of the agreed total price will be paid.
  1. 9 to 1 day (s) before arrival, 80 percent of the agreed total price will be paid.
  1. In case of cancellation on the day of arrival or no shows will be charged 100 percent of the agreed total price. If there is, a reduction in number of persons within that period, at least ten percent of above the applicable cancellation fees are due. Less than ten percent the number of people can be free of charge until 1 day before arrival.

5.8 Booked meals can be canceled up to 8 days prior to arrival, after which, a cancellation fee of 100 percent of the agreed total price will charged.

5.9 The customer is free to prove that the hostel has had no loss or damage caused to the hostel lower than the required compensation package.

5.10 The above provisions of the cancellation deadlines and fees apply accordingly, provided that no separate contract arrangements were agreed on (e.g., for bookings on special dates such as holidays, fairs, etc.)

 

6. Cancellation of hostels

6.1 If, pursuant to Section 4, the agreed upon or required advance payment or deposit is not made within the set deadline, the Hostel has the right to cancel the reservation contract.

6.2 Furthermore, the hostel is entitled to withdraw from the contract for a serious reason.

6.3 The hostel will inform the customer about the contract cancellation without delay in writing.

6.4 In case of revocation the customer is not entitled to claim damages.

 

7. Obligations of the guest

7.1 The guest is obliged to inform the hostel of accommodation deficiencies in the performance or other contractual services without delay or to seek remedy.

7.2 The notice of defect is to be directed solely at the hostel, not to the reservation location.

7.3 A withdrawal and / or termination of the guest is only allowed if there are substantial defects and the hostel has not made, within a reasonable time set by the client, a reasonable remedy.

7.4 Claims of the guest are considered invalid only when defects and damage were not caused by the guest, or if the hostel is not able or willing to provide a solution to the problem.

7.5 The accommodation should only be occupied by persons agreed upon by hostel. Overcrowding can justify the right of the hostel in the immediate termination of the contract and / or more reasonable compensation.

7.6 The guest is required to do everything reasonable in order to remedy defects or performance problems that occur and limit possible damage as much as possible.

7.7 Pets of any kind are forbidden, unless agreed with the hostel and in the event of such an agreement only for the purposes of allowing the nature and size of the animal information provided.

 

8. Liability of the hostels and the exchange

8.1 The contractual liability of the hostels for damages except personal injury (including damage due to injury before - in addition - and post-contractual obligations) is limited to three times the price of the stay,

a) if the damage of the guest is not caused by the hostel either intentionally or negligently or

b) where the hostel is responsible for any damage suffered by the guest through the fault of an agent.

8.2 Any liability of the hostels for items brought under § § 701 ff BGB remains unaffected by this provision.

8.3 The hostel is not liable for any default in connection with services that are arranged as external services (such as sporting events, theater, exhibitions, etc.) and which are identified as external services.

8.4 The reservation location shall be liable for any errors made by them and their assistants in the mediation. For the provision of the service booked and any defects of service provision is the hostel solely responsible.

8.5 The customer is liable for damage caused to inventory under the law.

8.6 The hostel reserves the right to ask for a deposit of 10.00 EUR per person, but a maximum of 500,00 EUR per group , upon the group's arrival, which is refunded on departure provided the group has not created any damage to the hostel. Damages which exceed the deposit amount must be paid locally.

8.7 Should disruptions or defects in the performance of the hostel occure, the hostel will attempt to remedy the situation. If the customer fails to notify the hostel of a defect to the hostel, then a claim to reduce the contractually agreed remuneration is not applicable.

8.8 If the customer rents a parking space in the garage of the hostel or in a parking lot of the hostel, even if a fee is charged, the guest must abide by the statutory provisions of the City of Berlin.

8.9 Wake-up calls are executed with the utmost care from the hostel. Claims for damages, except for gross negligence or willful intent are not applicable.

8.10 News, mail and merchandise deliveries for guests are handled with care. The hostel will deliver, hold, and - upon request - for a fee, forward such items, including lost property which may be delivered to the mailing address of the hostel or to the hostel’s corporate address. Claims for damages, except for gross negligence or willful intent are not applicable. The hostel has the right to, no later than one month after a storage period and charging of a reasonable fee, gives aforementioned objects to the local lost property office.

8.11 Claims are limited to two years from the date on which the customer becomes aware of the damage or, without regard to such knowledge, three years from the date of said damage causing event. This does not apply to liability for damages arising from injury to life, limb or health, and for other damages based on intentional or grossly negligent breach of duty of the hostel, a legal representative or agent of the hotel.

 

9. Arrival and departure times

9.1. Unless otherwise agreed upon, the reserved accommodation is available from 2:00 p.m. on the day of arrival. The customer has no claim to enter the reserved room earlier.

9.2 If the guest arrives after this time, the guest is obliged to inform the hostel in due time. If the hostel is not informed within a reasonable amount of time, the hostel is entitled to offer the room to another guest. For reservations of only one evening, the room can and will be offered to new guests two hours after the scheduled arrival time. For reservations for two days or more, the room can be offered to other guest as of 12:00 p.m. the following day.

9.3 Unless otherwise agreed, the accommodation should be vacated on departure day by 11:00 a.m..

9.4 The customer is not entitled to the provision of certain rooms, unless the hostel has confirmed the provision of certain rooms in writing.

9.5 In group bookings of 9 people or more with accommodation in shared rooms, the hostel has the right to determine, which guest will be placed in which room.

9.6 Reserved rooms must be occupied no later than 6:00 p.m. by the customer on the day of arrival. If there is no reservation that has been guaranteed by pre-payment or a security deposit, the hostel has the right to offer the accommodation to another guest without

providing alternative accommodations for the guest. The hostel has the right to terminate any contacts based upon late arrival.

9.7 On the agreed day of departure, the rooms must be vacated no later than at 11.00 o’clock. After that, the hostel can charge the guest 100% of the list price for an additional nights stay.  Contractual claims are not valid. The customer is free to prove to the hostel, that there should be no additional change or a reduced charge for the use of the room beyond the checkout time stated here.

9.8 For groups of 9 persons or more, the hostel is to be handed, latest upon arrival, a list of all guests with full name and birth date.

9.9 If the total number of guests exceeds the contracted number of persons as stated in the reservation, the additional guest(s) is not entitled to accommodation within the hostel.

9.10 Accommodation for persons under the age of 18 years old is not permitted. Minors must be accompanied by an adult or at least, have the written consent of a parent or guardian, including a copy of the identity card of the person, in order to stay. This rule does not apply to groups of friends, accompanied by the parent or an legal guardian.

9.11 By reservations with breakfast included, the breakfast will be provided after the first night.

 

10. Choice of Law and Jurisdiction

10.1 The host can only sue the hostel at the place of accommodation (company headquarters).

10.2 The overall legal and contractual relationship between the hostel and guests, who have no general place of residence or place of business in Germany, will be governed by the German Republic / Law.

10.3 If agreed upon that the guest can pay the entire accommodation price at the end of their stay, the guest must be prepared to pay the entire costs within the hostel before vacating. Jurisdiction for claims of payment of the total costs and the costs of the headquarters of the hostels is within the German Republic.

10.4 Otherwise, decisive actions brought by the hostels to the guest will take place within the guest’s country of origin, unless the action is directed against merchants, legal persons under public or private law or persons who have their domicile or  residence abroad, or whose residence or at the time of the legal action is not known. In these cases, the official location of the hostel is decisive.

 

23.08.2012