I. introductory remarks
1. contractual relationship
a. a room booking confirmed by the hostel establishes a contractual relationship between the guest and the hostel (hostel accommodation contract).
b. the hostel contract is a so-called mixed type contract, apart from the liability for items brought in, in the “Civil Code (BGB)”. it contains elements of the service, work and sales contract law. at its core, the hostel accommodation contract is a temporary rental contract.
a. our terms and conditions apply to contracts for the temporary rental of hostel rooms and beds for accommodation, as well as all other services and deliveries provided by the hostel for the guest.
b. the subletting or subletting of the provided rooms or beds and their use for purposes other than accommodation are not permitted.
c. terms and conditions of the guest only apply if this has been agreed in writing beforehand.
d. separate agreements must be made in writing.
e. for each booking, the hostel can request an agreement with the customer that deviates from these terms and conditions.
f. host usage beyond the agreed duration (e.g. automatic renewal) is excluded.
3. conclusion of contract, partner, liability; limitation
a. the contract is concluded when the guest accepts the guest’s application.
b. the contract must be in writing – unless otherwise requested, the hostel accepts e-mail, fax, letter or mobile confirmation (SMS, WhatsApp, Telegram etc.).
c. the customer’s booking request only becomes binding with the hostel’s express reservation confirmation.
d. the guest is obliged to monitor the mailboxes of his specified email address (including spam).
e. if the guest does not receive a confirmation email from their booking, they are obliged to contact the hostel in good time.
f. the contractual partners are the hostel and the guest. if a third party has ordered for the guest, he and the guest are jointly and severally liable to the hostel for all obligations arising from the hostel contract, provided the hostel has received a corresponding declaration from the third party.
g. the limitation period for all claims of the guest and the hostel is 6 months.
h. the limitation of liability and the short limitation period apply in favor of the hostel even in the event of breach of obligations in the initiation of a contract and positive breach of contract
4. house rules
a. the house rules linked on the hostel’s website are part of the general terms and conditions.
b. in the event of violations of the house rules, the hostel is entitled to terminate the accommodation contract without notice. the hostel reserves the right to charge cancellation fees.
II. room provision, handover and return
a. the conclusion of the contract obliges both contracting parties to fulfill the contract. if the room is culpably not provided, the hostel is obliged to offer the guest reasonable alternative rooms in one or more other hostels / accommodation facilities of the same or higher category. if the guest refuses to do so, he is not entitled to compensation.
b. for the loss of a key, 50 euros will be charged. a key deposit is waived
c. the guest is not entitled to the provision of certain rooms, beds or premises unless these have been agreed in writing.
d. booked rooms / beds are available to the guest from 3 p.m. on the agreed arrival date. the guest is not entitled to earlier provision.
e. on the agreed day of departure, the rooms must be vacated and made available to the hostel by 11:00 a.m. at the latest, otherwise the hostel is entitled to vacate the room and is not liable for any damage caused as a result. Alternatively, the hostel reserves the right to charge 50% of the full accommodation price (list price) for the additional use of the room by 6:00 p.m., from 6:00 p.m. 100%. this does not justify contractual claims by the customer.
f. the hostel is liable for the proper provision of the contractually agreed service. if the rented accommodation has a defect that goes beyond mere inconvenience, the guest must immediately notify the owner of the accommodation company or his representative of the defect and request remedy.
g. the rooms and facilities are left to the user in a proper, clean and functional condition for residential purposes. the user has to treat the rooms and facilities left to him with care and care. h. for damage / destruction and soiling of the rooms and / or facilities, beyond normal use, the user has to pay compensation in the amount of the new acquisition value (in the case of damage / destruction) or in the amount of the removal costs (in the case of soiling). if the room / bed cannot be re-rented, the user is liable for any further damage.
i. if the guest has smoked illegally in the hostel, the hostel will in any case claim a minimum requirement of twice the room price as compensation for the increased cleaning effort and possible restrictions on re-letting. The hostel also expressly reserves the right to claim further payments (e.g. fire services).
j. unless otherwise agreed in writing between the hostel and the guest in advance, the hostel has no obligation to retain guest property after the 11h00 departure day.
III. exit provisions; cancellation fees / cancellation payments
as a rule, the hostel requests the deposit of the overnight price for the first night 14 days before arrival – this amount will not be refunded, since a free cancellation is no longer possible (see 3. storno conditions). Without a timely deposit, the entire reservation will be canceled. The following regulations may deviate if a separate contract (eg 3 quota agreement) has been concluded between the hostel and the customer.
2. cancellation fees / cancellation payments
a. if the cancellation is made at short notice, the rooms / beds cannot be used for other purposes. cancellation is therefore possible free of charge up to 14 days before arrival.
b. Unless otherwise agreed, the hostel is free to flat-rate the damage incurred and to be replaced by the guest if the cancellation is not made in time or if the booked rooms / beds are not used. the guest is then obliged to pay 100% of the contractually agreed price for the entire length of stay in all booked rooms / beds. This also refers to the non-use (no show) of individual booked rooms / beds.
3. storno conditions
a. unless otherwise agreed, the customer can cancel free of charge until 23:00, 14 days before the arrival date.
b. group bookings will not receive the advance payment back if they cancel 14 days before the arrival date.
4. short-term cancellation of the booking by the hostel In the following cases, the hostel reserves the right to cancel the entire booking without replacement:
a. if the required down payments are not received by the hostel on time;
b. the guest does not fulfill his obligation to guarantee the coverage of his credit card at any time before arrival if the booking is made by credit card;
c. the guest does not meet his obligation to provide the hostel with unsolicited proof of his rights to use third party credit cards;
d. if the guest does not show up on the agreed day (until 11pm);
e. deviating regulations require the written form on the part of the guest (post, fax, email) and the written confirmation by the hostel;
f. if guests do not have the minimum age of 18 unless they are accompanied by a parent and this has been agreed with the hostel in advance. The hostel reserves the right to cancel the booking – without repayment of payments already made;
g. the hostel has to inform the guest immediately of the exercise of the right of withdrawal. all that is needed is sending an email to the email address provided by the guest;
h. if the hostel withdraws justifiably, the guest is not entitled to compensation;
i. if the hostel has reasonable grounds to believe that the use of the hostel service may jeopardize the smooth running of the business, the security or the reputation of the hostel in public, without this being attributable to the domain or organizational area of the hostel;
5. rights of the hostel to withdraw from the contract
in general, the house right applies. In the event of misconduct by individual group members, the entire group can be held responsible. the hostel generally reserves the right to cancel the booking in the event of violations – without reimbursement of payments already made.
a. if a guest’s right of withdrawal has been agreed in writing within a certain period, the hostel is in turn entitled to withdraw from the contract during this period;
b. if an agreed advance payment is not made even after a reasonable grace period set by the hostel with the threat of refusal has expired, the hostel is also entitled to withdraw from the contract;
c. the hostel is entitled to extraordinarily withdraw from the contract for objectively justifiable reasons, e.g. – force majeure (fire or similar) or other circumstances for which the hostel is not responsible that make it impossible to fulfill the contract;
d. if rooms / beds have misleading or incorrect information about essential facts, e.g. different in the person of the guest or the purpose;
e. for group bookings the following also applies:
i. the max. group size is limited to 10 people (clearly communicated before completing the booking). the hostel reserves the right to cancel the reservation without compensation and further obligations if this limit is exceeded. this also applies in the event that the hostel determines on / after arrival that several individual bookings belong to a larger overall booking. Exceptions must be clarified in writing in the form of an email beforehand.
ii. if the guests / group is a youth group, bachelor party, football / fan group, etc.
iii. if group bookings with misleading or incorrect information about essential facts, e.g. the character and purpose of the trip, in the person of the organizer or in the personal details of the travelers;
IV. services, prices and payment transactions
a. the guest is obliged to pay in full the agreed or agreed prices of the hostel for the room / bed provision and the other services used by the hostel upon arrival at the latest. this also applies to services and expenses of the hostel to third parties arranged by the guest;
b. payment is made in cash, by transfer to the hostel’s account and via paypal. there is no legal entitlement to payment by credit or debit card. advance payments made will be offset. payment in cash at the reception or credit to the hostel’s account is deemed to have been received;
c. the hostel is entitled to request advance payments in the amount of the total expected overnight price at any time upon conclusion of the accommodation contract;
d. the hostel may, without justification, make any order and reservation or other service to be performed dependent on the total or partial payment of amounts owed in advance in the form of down payments, installments or total advance payments;
e. the agreed prices include the respective statutory value added tax. if VAT increases between booking and the time of payment, the price to be paid will be adjusted accordingly;
f. the bed tax / city tax currently levied in berlin is included in the prices; g. prices can change; h. prices can be changed by the hostel if the guest subsequently changes the number of rooms booked,
wishes the performance of the hostel or the length of stay of the guests and the hostel agrees to this;
i. any special conditions already granted must be mentioned directly when booking or upon arrival. later changes or reductions are not possible;
j. invoices from the hostel without a due date are payable without deduction within 10 working days of receipt of the invoice. the hostel is entitled to demand accrued claims at any time and to request immediate payment. in the event of late payment, the hostel is entitled to charge interest at a rate of 4 percent above the current discount rate of the “Deutsche Bundesbank”. the guest reserves the right to prove lower damage and the hostel to prove higher damage;
k. the guest can only offset or reduce an undisputed or legally binding claim against a claim by the hostel; l. all transfer / bank fees are borne by the customer or his authorized representative. this also applies to refunds to be made by the hostel. reminder costs are 5.00 euros per reminder;
m. if the guest uses the credit card of a third party for his booking / payment, he is obliged – without being asked – to provide the hostel with the appropriate authorization.
a. the hostel is responsible for the care of a prudent businessman. this liability is limited in the area not typical for services, however, to performance defects, damage, consequential damage or disruptions that are attributable to intent or gross negligence on the part of the hostel. should faults or defects occur in the hostel’s services, the hostel will endeavor to remedy the situation if the guest becomes aware of it or if the guest gives notice of it immediately. the guest is obliged to do so to make reasonable contributions to remedy the disruption and minimize any damage;
b. the statutory provisions apply to the unlimited liability of the hostel;
c. the hostel is not liable for loss of or damage to motor vehicles or bicycles parked or maneuvered on the hostel property, and their contents, except in the case of intent or gross negligence. this also applies to vicarious agents of the hostel;
d. anyone who causes damage to the building or inventory is liable for this within the framework of the statutory provisions (especially accompanying persons and organizers). theft and deliberate damage to property will be reported immediately. upon departure, the reception staff will inspect the rooms. compensation for any damage and for lost keys will be charged and must be paid in cash at the latest on departure. the hostel is only liable for damages incurred by the guest if the person causing the damage acted with gross negligence. the hostel assumes no liability for stored luggage, motor vehicles and bicycles that are parked on the hostel’s premises;
VI. contingent contracts
a. for groups or for bookings with a total value of more than 500 euros, the hostel reserves the right to conclude a quota agreement. separate cancellation terms and down payments are usually agreed between the hostel and the customer. these agreements then override corresponding provisions in these terms and conditions.
b. a contingent contract with the hostel always refers to the provision of a defined number of rooms and beds of a certain category. this regulation is binding. the allocation of the individual rooms (assignment of the individual travelers) is done by the customer.
a. the hostel is entitled to request a reasonable advance payment upon conclusion of the contract, taking into account the legal provisions for hotel quota agreements. the amount of the advance payment and the payment dates are agreed in writing. all transfer fees are to be borne by the customer, even if advance payments already made are repaid. there is no entitlement to interest on advance payments made.
b. if an agreed advance payment is not made even after a reasonable grace period set by the hostel has expired, the hostel is entitled to withdraw from the contract and can claim damages.
2. withdrawal from the contract
if a free right of withdrawal of the customer has been agreed in writing within a certain period, the hostel is entitled to withdraw from the contract if there are requests from other customers for the contractually booked rooms and the customer does not waive his right of withdrawal upon request from the hostel.
3. name of the travel participants
the hostel can request that the person responsible names all travel participants. the personal details are to be entered in the collective registration form of the hostel.
4. changes in the number of participants and the time
a. a change in the booking data (date of arrival and departure of individual guests) requires the hostel’s written consent. there is no legal claim. the hostel can cancel the existing contract if the booking data changes.
b. there is no legal entitlement to the provision of additional beds or the extension of the stay.
c. the hostel must be informed of a change in the number of participants in the form of an occupancy list; it requires the hostel’s written consent.
d. if the number of participants deviates by more than 10%, the hostel is entitled to reset the agreed prices and, if necessary, to provide the customer with other rooms / beds.
the hostel can request the customer to provide an appropriate deposit upon conclusion of the booking contract. the deposit will be refunded to the customer without deductions and without interest after receipt of the entire invoice amount (usually upon departure of the customer) if the customer / group has not caused any damage. if damage is found that was caused by the customer, the deposit will initially be fully retained by the hostel and offset against the repair costs incurred. any credit will be refunded after the repair has been carried out repairs will be carried out against proof by a company commissioned by the hostel. this does not exclude further claims for damages by the hostel.
VII. Final provisions
a) changes or additions to the contract, the acceptance of applications or these terms and conditions for hostel accommodation must be made in writing. unilateral changes or additions by the guest are ineffective. verbal agreements are only effective if they have been confirmed in writing by the hostel.
b) the place of fulfillment and payment is the seat of the hostel.
c) the exclusive place of jurisdiction – also for check and exchange disputes – is the seat of the hostel in commercial transactions. If a contractual partner fulfills the requirement of Section 38 (1) ZPO and has no general place of jurisdiction in germany, the place of jurisdiction is the seat of the hostel. the customer can only sue the hostel at its headquarters. german law applies.
d) should individual provisions of these general terms and conditions for hostel admission be or become ineffective or void, this does not affect the effectiveness of the remaining provisions. the ineffectiveness of individual provisions of the guest accommodation contract or the guest accommodation conditions does not lead to the ineffectiveness of the entire contract. in addition, the statutory provisions apply. we reserve the right to correct errors as well as printing and calculation errors.
e) the above conditions replace all previous conditions, including those published on flyers, old forms and earlier times on the internet.