Terms and Conditions for Services of Hostel Art & Style Singen
General Terms and Conditions for the Hotel Accommodation Contract
1. These terms and conditions apply to contracts for the leasing of hotel rooms for accommodation as well as all services provided in this context for the customer and delivery of the hotel (hotel accommodation contract). The term "hotel accommodation contract" includes and replaces the following terms: accommodation, guest accommodation, hotel, hotel room contract.
2. The subletting or re-letting of the rooms as well as their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby § 540 paragraph 1 sentence 2 BGB is waived, as far as the customer is not a consumer.
3. General terms and conditions of the customer apply only if this has been expressly agreed in writing.
II. Conclusion of contract, partner, liability, statute of limitations
1. The contract is concluded upon acceptance of the customer's application by the hostel. The hostel is free to confirm the room reservation in text form.
2. Contractual partners are the hostel and the customer. If a third party has ordered for the customer, he is liable to the hostel together with the customer as the joint debtor for all obligations under the hotel accommodation contract, provided the hostel has received a corresponding declaration from the third party.
3. All claims against the hostel expire in principle from one year from the beginning of the limitation period. Claims for damages become statute-barred in five years, unless they are based on an injury to life, limb, health or freedom. These claims for damages become statute-barred independent of knowledge in ten years.
The limitation periods do not apply to claims based on a wilful or grossly negligent breach of duty of the hostel.
III. Services, prices, payment, offsetting
1. The hostel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
2. The customer is obliged to pay the agreed or valid price of the hostel for the room rental and the other services used by him. This also applies to services provided by the customer and expenses of the hostel to third parties. The agreed prices include the respective statutory value added tax.
3. The hostel may make its consent to a subsequent reduction of the number of booked rooms, the service of the hostel or the length of stay of the customer, depending on the price of the rooms and / or other services of the hostel, increased ,
4. Invoices of the hostel without a due date are payable within 5 days after the invoice is issued without deduction. The hostel can demand the immediate payment of due claims at any time from the customer. In the event of late payment, the hostel is entitled to demand the applicable statutory default interest of currently 8% or, in the case of legal transactions involving a consumer, 5% above the base interest rate. The hostel reserves the right to prove higher damages.
5. The hostel is entitled to demand a reasonable advance payment or security deposit in the form of a credit card guarantee, a down payment or similar from the customer upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in text form in the contract. For advance payments or security for package holidays, the statutory provisions remain unaffected.
6. In justified cases, e.g. Payment arrears of the customer or extension of the scope of contract, the hostel is entitled, even after conclusion of the contract until the beginning of the stay, an advance payment or security deposit in the sense of the above No. 5 or an increase in the contract agreed advance payment or security management to demand the full agreed remuneration.
7. The hostel is further entitled, at the beginning and during the stay, to demand from the customer a reasonable advance payment or security in accordance with No. 5 above for existing and future claims under the contract, if not already in accordance with paragraph 5 above and / or 6 was done.
8. The customer can only set off or settle with an undisputed or legally enforceable claim against a claim of the hostel.
IV. Cancellation of the customer (cancellation, cancellation) / Non-use of the services of the hostel (No Show)
1. A resignation of the customer from the contract concluded with the hostel requires the consent of the hotel in text form. If this is not done, the agreed price from the contract is payable even if the customer does not use contractual services.
2. Insofar as an appointment for free cancellation of the contract in text form has been agreed between the hostel and the customer, the customer can by then withdraw from the contract without triggering payment or damage claims of the hostel. The right of withdrawal of the customer shall expire if he does not exercise his right to withdraw from the Hostel in text form by the agreed date.
3. In the case of rooms not used by the customer, the hostel shall charge the income from other rental services for these rooms as well as the saved expenses. If the rooms are not otherwise rented, the hostel may request the contractually agreed remuneration and flat-rate the deduction for expenses saved by the hostel. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for overnight stays with or without breakfast. The customer is free to prove that the aforementioned claim is not incurred or not in the required amount.
V. Resignation of the hostel
1. If it has been agreed by contract that the customer can withdraw from the contract for free within a certain period of time, the hostel is entitled to withdraw from the contract in this period, if there are inquiries from other customers regarding the contractually booked rooms and the customer in response to questions from the hostel not waived his right to resign.
2. If an agreed advance payment or security deposit demanded pursuant to Section III Numbers 5 and / or 6 is not made even after the expiry of a reasonable grace period set by the hostel, the hostel is also entitled to withdraw from the contract.
3. Furthermore, the hostel is entitled to withdraw from the contract for materially justified reasons, for example if
- Force majeure or other circumstances for which the hostel is not responsible make performance of the contract impossible;
- Rooms or rooms culpably misleading or misrepresenting material facts, e.g. to the person of the customer or for the purpose of the stay, to be booked;
- the hostel has good reason to believe that the use of the hotel services may jeopardize the smooth running of the business, the security or reputation of the hostel in the public domain, without this being attributable to the governing or organizational area of the hostel;
- the purpose or occasion of the stay is unlawful;
- there is a violation of section I no. 2 above
4. In the case of legitimate resignation of the hostel, no claim of the customer for damages arises
VI. Room preparation, handover and return
1. The customer acquires no claim to the provision of certain rooms unless this has been expressly agreed in writing.
2. Booked rooms are available to the customer from 3 pm on the agreed arrival day. The customer has no right to earlier availability.
3. On the agreed departure day, the rooms are to be vacated at the hostel no later than 11:00 am. Thereafter, the hostel may charge 50% of the full accommodation price (list price) until 6:00 pm due to the delayed evacuation of the room for its contractual use, and from 18:00 o'clock 100%. Contractual claims of the customer are not justified by this. He is free to prove that the hostel no or a much lower entitlement to use fee has arisen.
VII. Liability of the hotel
1. The hostel is liable for its obligations under the contract. Customer claims for compensation are excluded. This does not apply to damages resulting from injury to life, limb or health if the hostel is responsible for the breach of duty or any other damage resulting from an intentional or grossly negligent breach of contractual duties of the hostel. A breach of duty of the hostel is equal to that of a legal representative or vicarious agent. In the event of any disruption or defect in the services of the hostel, the hostel will make every effort to remedy the situation, if the customer knows or will promptly. The customer is obliged to contribute to what is reasonable for him to remedy the disturbance and to minimize possible damage.
2. For hosted items, the hostel is liable to the customer in accordance with the statutory provisions.
3. Insofar as the customer is provided with a parking space on a hostel parking lot, also for a fee, no custody agreement is concluded. In case of loss or damage on the hostel lot of parked or shunting vehicles and their contents, the hostel is not liable, except in case of intent or gross negligence. For the exclusion of the customer's claims for damages the regulation of the above number 1, sentences 2 to 4 applies accordingly.
VIII. Final provisions
1. Amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions shall be made in text form. Unilateral changes or additions by the customer are invalid.
2. Place of fulfilment and payment is the location of the hostel
3. The exclusive place of jurisdiction - even for check or bill of exchange disputes - is the corporate seat of the hostel in commercial transactions. If a contracting party fulfils the requirements of § 38 (2) ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction is the social seat of the hostel.
4. German law applies. The application of the UN sales law and conflict of laws is excluded.
5. Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.
Singen, as of November 2019
Hostel Art & Style Singen
Friedinger Str. 28 | D - 78224 Singen