General terms and conditions for the accommodation contract with / terms and conditions
I. area of validity
1. These terms and conditions apply to contracts for the rental use of hostel rooms for lodging, as well as all the customers further services and deliveries of the hostels.
2. The Sub or subletting, the cession of the licensed premises, the use of licensed hostel rooms to other than for lodging purposes, public invitations or other promotional activities, for interviews, sales and similar events and the use of hotel land outside of the rented rooms shall require the prior written consent of the hostels and can be made depending on payment of an additional fee. § 540 Paragraph 1 sentence 2 BGB does not apply.
3. Terms and conditions of the customer are hereby rejected. You shall apply only if this is previously expressly agreed.
4. In addition, the additional terms and conditions agreed in the contract apply.
II. conclusion of contract,-partners; Statute of limitations
1. The contract is concluded by the acceptance of the offer of the customer by the hostel. It is the hostel at liberty to confirm the room reservation in writing.
2. Contractual partners are the hostel and the customer. The hostel to be liable has ordered a third party for the client, together with the customer as joint and several debtors for all obligations arising from the accommodation contract with.
3. All contractual claims against the hostel always expire one year from the beginning of the statutory period of limitation. Excluded are claims in the case of intentional action. Claims for damages shall be limited to five years.
4. The customer is obliged the hostel unsolicited at the latest upon completion of the contract to indicate that recourse to the hostel is liable to jeopardize the smooth business operations, safety, or reputation of the hotel in the public.
III. Services, prices, payment, set-off
1. The hostel is obligated to keep the rooms reserved by the customer and to provide the agreed services.
2. The customer is obliged to pay hostel prices for rooms provided and for which he applicable other services or agreed. This also applies to services and expenses of the hostels to third parties caused by the customer.
3. The agreed prices include the respective statutory value added tax. More than four months between conclusion of the contract and performance of the contract and statutory value added tax changes in this period, the prices will be adjusted accordingly. Exceeds the period between conclusion of the contract and performance of the contract four months and the price calculated from the hotel, generally for such services so this can raise adequately, but not more than the contractually agreed price by 5%. Every other year between conclusion of the contract and performance of the contract over the four months, increase the ceiling by a further 5%. Change the VAT rate on the day of the performance, so the agreed rates change accordingly; the hostel is entitled to charge the sales tax increase.
4. The prices can also be changed from the hostel if the customer later wishes changes the number of reserved rooms, the performance of the hostel or the length of stay of guests, and the hostel consents to.
5. Invoices the hostel without a due date are payable within 10 days from receipt of the invoice without deduction. The hostel is entitled to claims due and to demand immediate payment. The hostel is entitled to demand the respectively applicable statutory default interest in the amount of currently 8% or in legal transactions, in which a consumer is involved, in the amount of 5% above the basic interest rate for late payment. For each reminder sent after default occurs, the customer reminder costs amounting to EUR 5.00 at the hostel has to reimburse. The customer shall bear all additional costs incurred in the context of the collection.
6. The hostel is entitled to require a reasonable advance payment or security deposit upon conclusion of the contract or thereafter. The amount of the advance payment and payment dates may be agreed in writing in the accommodation contract with.
7. The customer may with a recognized, legally effective or undisputed claims against a claim of the hotel or reduce.
8 Pets may be brought only with the prior consent of the hostels and, where appropriate, against payment.
IV. cancellation of the customer (cancellation / failure to use of the services of the hostel)
1 Cancellation of the customer from the accommodation contract with closed with the hostel is excluded. A repeal of the Hostelaufnahmevertrages requires the written consent of the hostels. This is not, shall the price agreed in the contract also to pay, if the customer accepts the contractual services.
2. If the hostel and the customer agreed in writing upon a date for the free cancellation of the contract, the customer can cancel the contract without payment until then or raise claims for damages of the hostels.
3. The hostel liberty to demand the contractually agreed compensation and its deduction for saved expenses. The customer is obliged in this case, at least 90% of the contractually agreed price for overnight accommodation with or without breakfast, as well as for special arrangements with external services, 70% for Halbpensions- and to pay 60% for full-board arrangements. The customer is free to prove, that the above claim was created in the amount demanded or not.
4. Rooms used by the customer not the hostel has to credit the income from renting the rooms to other parties and the saved expenses.
V. cancellation of hostels
1. If a free cancellation right of the customer agreed in writing within the time limit, the hostel this is would in turn be entitled to rescind the contract if inquiries of other customers pursuant to the contractually booked rooms and the customer does not waive of the hostels in the context his right of cancellation within a period set by the hotel. This applies accordingly to granting an option if other requests and the client upon request of the hostel to the fixed booking within a period set by the hostel is ready. Fixed booking means in this case, that comes from this day an accommodation contract with the originally agreed, free cancellation policy is overridden.
2. If an agreed or requested above in accordance with clause III No. 6 advance is not made even after passing a reasonable grace period set by the hostel, the hostel to rescind the accommodation contract with is entitled.
3. Moreover, the hostel is entitled objectively justified reason the contract exceptionally to withdraw from, for example, if
- the fulfilment of the contract impossible not to circumstances from the hostel which make force majeure or others;
- Book a room under misleading or false information of regarding material facts, such as in the person of the customer or the purpose,
- the hostel has justified cause to believe that use of the hostel can jeopardize the smooth business operations, safety, or viewing of the hostels in the public, without this the domination attributable to, or organizational scope of the hostels;
- No. 2 has a violation against the top clause I
4. For justified resignation of hostels is no claim for damages.
5. Unauthorized interviews, sales and similar events can prevent the hostel or ask for the cancellation.
6. If for cancellation after above numbers 2, 3 and 5 a claim for damages from the hostel to the customers emerge, the hostel can its claim. Clause IV No. 4 sentences 2 and 3 shall apply in this case according to. To prove possible, the customer in these cases that no or only a low damage.
VI. room availability,-delivery and return
1. The customer acquires no claim to the provision of certain rooms, if it has been expressly agreed in writing in the accommodation contract with.
2. Reserved rooms are available to the customer starting at 15:00 of the agreed day of arrival available. The customer has no claim on a previous deployment. Unless expressly agreed upon a later arrival time or the room concerned paid in advance, the hotel has the right to place the booked rooms, without the customer being can derive a claim against the hotel otherwise after 18:00. This Regulation shall be without prejudice to claims of the hostels of clause IV.
3. On the agreed day of departure the rooms no later than 11:00 cleared to make the hostel. Provides the guest not in favour of the room at this time available, standing by grants and releases the rooms, the hostel may require the full price for another day. Any further claims for damages of the hostels remain unaffected by the payment of the room price. Must the hostel to accommodate guests due to the delayed vacating in another Hostel/Hotel, the customer shall bear all costs for this. Contractual claims of the customer are not substantiated this. It is at liberty to prove that the hostel no or much lesser claim to use damages occurred.
VII. liability of the hostels
1 Hostel is liable for its obligations arising from the accommodation contract with with the diligence of a prudent businessman. Claims for damages of the customer in this respect are excluded. Damages resulting from the injury of life, body or health are excluded, if the hostel has responsible for the breach of duty, other damages, which are based on an intentional or grossly negligent breach of duty by the hostel and damages, based on intentional or grossly negligent breach of contract obligations of the hostels. Encounter errors or defects in the services of the Hostels Hostel in knowledge or on immediate complaint of the customer will be trying to remedy. In addition, the customer is obliged to point out the hostel in time the possibility of the emergence of exceptionally high damage. The customer is obliged to contribute the reasonable in order to resolve the disruption and to keep any possible damage.
2. For items brought the hostel liable to the customer under the statutory provisions, that is 800 up to one hundred times of the room rate, up to EUR 3,500, as well as for cash, securities and valuables up to EUR, if these were stored in the locked room safe. Cash, securities and valuables can be stored up to a maximum value according to the sum of the respective hostels in the valuables. The hostel is recommended to make use of this possibility. The liability claims shall expire, if not the customer display immediately after gaining the knowledge of loss, destruction or damage to the hostel. (§ 703 BGB). Liability only exists if the rooms or containers in which the objects were left, were closed.
3. Insofar as the customer a parking in the hostel or a hostel car park, also against payment, is made available, no storage contract is concluded as a result. Loss of or damage to the Hostelgrundstück of parked or maneuvered cars and their contents shall not be liable to the hostel. There is no compulsory monitoring of the hostels. Any damages are notified to the hostel. The above number, 1 sentences 2-4 shall apply accordingly.
4. Wake-up calls are carried out by the hostel with the utmost care. Is not liable. Messages, mail and goods deliveries for guests are handled with care. The hostel accepts the delivery, storage and - on request - for a fee the forwarding. The above number, 1 sentences 2-4 shall apply accordingly.
5. Left-behind items of customer be forwarded only upon request, risk and expense of the customer. The hostel kept the terms of three months; then, if there is a recognizable value, they are passed the local lost property office. If there is no discernible value hostel reserves the destruction after the deadline.
VIII. final provisions
1. Verbal agreements are binding only upon written confirmation. Changes or additions to the Hostelaufnahmevertrages, this clause, the acceptance of the offer or these terms and conditions for the made in writing. Unilateral amendments or supplements by the customer are ineffective.
2. Maintenance and payment for all mutual obligations is the seat of the hostels.
3. Exclusive place of jurisdiction – also for service and the hostel is currency disputes - commercial transactions. Unless a Contracting Party fulfils the requirement of article 38, paragraph 2 ZPO and has no general place of jurisdiction in Germany, the seat of the hostel is considered Court of jurisdiction.
4. German law shall apply. The application of the UN and of laws is excluded.
5 Individual provisions of these general terms and conditions for the made should be invalid or void or become, this will not affect the validity of the remaining provisions. In addition, the statutory provisions shall apply. In case of invalid provisions, these are replaced by statutory provisions as possible come close to the ineffective in their meaning.