GENERAL TERMS AND CONDITIONS
The contractual relationship, or “admission agreement” (i.e. hotel, room, or hostel agreement), between the “Customer” (i.e., guest, renter, event organizer, agent, person reserving the room) and the U inn Berlin Hostel (hereafter “Hotel”) is based on a room reservation booked by the Customer and accepted by the Hotel.
The admission agreement is a “mixed contract” defined in the German Civil Code (BGB).It is not governed by any particular terms, except for liability pertaining to contributed items. The contract encompasses elements of contract for services law, contract for work and labour law, and contract for sales law. In its basic framework, the admission agreement is a lease contract.
Like all other contracts in the German Civil Code, admission agreements are to be adhered to by both contracting partners.
II. Scope of Contract
1. These terms and conditions apply to contracts pertaining to the rental of hotel rooms for accommodation, as well as any other services and supplies rendered by the Hotel for the Customer.
2. The subletting or rental of rooms to third parties as well as their use by others for purposes other than accommodation requires the previous written consent of the Hotel.
3. The customer’s own terms and conditions may only apply if they have been previously agreed upon.
III. Contract Closure, Contracting Partner, Contractual Liability, Limitation of Claim
1. The contract is concluded when the Customer request is accepted by the Hotel. The Hotel can elect to confirm the room reservation in writing.
2. The contracting parties are the Hotel and the Customer. Should a third party have booked a room for a Customer, the third party and the Customer are liable to the Hotel as joint debtors for all obligations contained within the admission agreement, insofar as the Hotel has received an appropriate statement from the third party.
3. The Hotel is liable for its contractual obligations.
4. The limitation of claim for all customer claims is six months.
5. This restricted liability and short limitation of claim also apply in cases where the contract proposal or contract obligations have been violated.
IV. Services, Prices, Payment, Set-Off
1. The Hotel is obliged to reserve the room booked by the customer and to render the agreed-on services.
2. The Customer is obliged to pay the valid or agreed upon prices for the room as well as for any other services he or she makes use of. This also applies to services and expenditures that the Hotel must pay to third parties due to conduct of the customer.
3. The agreed upon prices include the currently valid value-added tax. Should the period between the closure and performance of contract exceed four months, and should the Hotel’s price or the services agreed upon be raised in general, the Hotel may elevate the agreed upon price appropriately, but no more than 10% beyond the agreed upon price.
4. Moreover, the prices can be changed by the Hotel in cases where the Customer requests changes to number of rooms, hotel service, or length of stay subsequent to closure of contract, and the Hotel consents to the changes.
5. Hotel bills are to be paid in full within the time period set by the hotel or at check-in. The Hotel has the right to call for the immediate payment of accrued charges at any time. Should payment be delayed, the hotel has the right to add interest at 4% over the currently valid discount rate of the German Federal Bank. The Customer reserves the right to demonstrate lesser damage; the Hotel reserves the right to demonstrate greater damage.
6. The Hotel may, during or after the closure of contract, demand an advance payment or appropriate security deposit for package tours in accordance with legal regulations. The amount of the advance payment and the payment schedule may set in writing.
7. The Customer may only set-off or reduce a Hotel claim with an undisputed or legally binding claim.
8. The hotel may ask the customer for credit card details to secure a booking.
V. Cancellation of Contract by the Customer
1. If a customer cancels the contract made with the Hotel up to 2 days before the day of arrival, the Hotel may charge 10% of the total value of the booking. If a customer cancels the contract made with the Hotel within 2 days of arrival, the Hotel may charge 50% of the total value of the booking. If the customer cancels on the day of arrival, or in case of a no-show, the Hotel may charge 100% of the total value of the booking.
This does not apply to cases where the Hotel delays or fails to provide service. If group of at least 10 people have made a booking with the hostel different cancellation rules apply: A cancellation fee of 50% of the total value of the booking can be charged if the group cancels the booking within a month before the date of arrival. 100% of the total value of the booking can be charged if the group cancels the booking within a week before the date of arrival.
2. In case rooms have not been used by the Customer, the Hotel can deduct revenues and saved expenditures from rooms rented otherwise.
3. Guests must notify the Hotel of any cancellations immediately.
VI. Cancellation of the Contract by the Hotel
1. Provided the Customer’s right to contract cancellation has been agreed upon within an appointed time period in writing, the Hotel also reserves the right to cancel the contract if other customers have requested the booked rooms in the contract and the Customer does not dispense with his right to cancellation when asked by the hotel.
2. Should an agreed upon advance payment not be delivered within an appropriate time period set by the Hotel, the Hotel is authorized to cancel the contract.
3. Furthermore, the Hotel has the right to cancel the contract due to a number of exceptional reasons, such as when:
– force majeur or other circumstances beyond the control of the Hotel render performance of contract impossible;
– a room has been booked with misleading or false information about essential facts, such as the identity of the Customer or his purpose;
– the Hotel has reason to think that the use of Hotel services could endanger smooth business operations, the security, or the public reputation of the Hotel, without the management or organization of the Hotel being responsible for this; – Article II Paragraph 2 has been violated.
4. The Hotel must notify the Customer immediately if it plans to exercise its right to cancellation.
5. If the Hotel legitimately exercises its right to cancellation, the Customer has no claim to compensation.
VII. Provision, Handing-over, and Return of Room
1. The closure of contract obliges both contracting partners to perform the terms stipulated within. The Hotel is obliged to compensate the guest in the amount of the room price in case it fails to provide a room. The Hotel has the right to offer the Customer a reasonable replacement room in another hotel of the same or higher quality. Should the guest refuse this offer, the Customer has no right to compensation beyond the price of the room.
2. Unless other terms have been agreed upon, the room fee is due at check-in. When not paid at check-in, the fee must be paid at the latest when the guest checks out. For group bookings, an advance payment is required before check-in. When the room key is transferred to the Customer, a deposit of €20 is due. Lost keys require a €30 replacement fee.
3. The Customer shall have no right to a particular room. As far as possible, however, the U inn Berlin Hostel will take into account Customer wishes.
4. Booked rooms are available to the Customer starting at 3:00pm of the arranged day of check-in. The Customer has no right to access the room earlier. On the agreed upon day of check-out Customers must be out of their rooms by 11:00am. If the Customer remains in the room longer than the times stipulated above, the Hotel can charge an extra 50% of the room price. If the Customer remains longer than 6:00pm, the Hotel can charge an extra 100% of the room price. The Customer can elect to demonstrate that no damage or significantly lower damages has arisen for the Hotel.
5. Pets and other animals are not allowed.
1. The hotel is liable to keep the U Inn Berlin Hostel safe for its customers as required by German law. This liability, however, is limited in areas outside the typical purview of service to deficiencies in service, damages, consequential loss, or disturbances that can be attributed to the wilful intent or gross negligence of the Hotel. Should disturbances or deficiencies in Hotel services arise, and the Customer notifies or complains to the Hotel immediately, the Hotel must seek redress. The Customer is obliged to inform the Hotel what can reasonably be done in order to rectify the problem and keep the possible damage to a minimum.
2. The Hotel offers free use of a safe, however takes no responsibility for lost/stolen/damaged goods belonging to the customers.
3. The Hotel does not make wake-up calls.
4. News, mail, and goods deliveries for the guests will be handled with care. The Hotel will assume the delivery, storage, and, if requested and for a fee, forwarding duties. Liability claims, except in cases of gross negligence or wilful intent, are excluded.
5. Anyone (including escorts and event organizers) causing damage to the building or fixtures is liable in accordance with legal provisions. In cases of theft or intentional damage to property, the Hotel will press charges against the Customer. In the case of groups, rooms will be inspected before check-out. Compensation for any damages or lost keys must be paid in cash before check-out. The U inn Berlin Hostel is only liable for losses or damages on the part of the Customer when the individual who caused the damage acted out of gross negligence. The U inn Berlin Hostel is not liable for luggage stored in the luggage room, as well as vehicles and bicycles stored on the Hotel grounds.
IX. House Rules
The house rules of the Hotel are an integral part of the General Rules and Conditions. When house rules are violated, the U inn Berlin Hostel is allowed to terminate the admission contract without further notice. In such case that services are not used by the affected Customer, cancellation fees in accordance with cancellation rules will apply.
X. Final Provisions
1. One-sided changes or additions by the Customer are invalid.
2. German law shall apply.
3. Should individual provisions included in these General Terms and Conditions become ineffective or void, the validity of the other provisions shall remain unaffected. All applicable legal regulations shall apply as well.