GENERAL TERMS AND CONDITIONS
FOR ACCOMMODATION AGREEMENTS (VALID FROM: November 2016)
These general terms and conditions apply to my hostel GmbH, Stahlgruberring 17 in 81829 Munich Trudering
SCOPE OF APPLICATION
(1) These terms and conditions apply to contracts concerning the hire of guest rooms for accommodation purposes as well as any and all services and deliveries provided by the accommodation provider for the customer (accommodation agreement). The term ‘accommodation agreement’ encompasses and may be used to replace the following terms: hotel contract, hotel room contract.
(2) Subletting the allocated room or using the room for any other purposes than accommodation purposes requires written permission from the accommodation provider, who must waive §540 section 1 sentence 2 of the BGB (rental law, regulations on the subletting of business rooms), as long as the customer is not a consumer.
(3) Any terms and conditions issued by the customer shall only apply if this has been explicitly agreed in writing in advance.
CONTRACT COMMENCEMENT, CONTRACTUAL PARTNERS, LIMITATION PERIOD
A) The contract shall commence when the customer confirms the accommodation contract via fax, post, telephone or email.
(1) The accommodation provider shall provide the customer with the offer of an accommodation contract in writing via email or via telephone. The foundation of this offer is the accommodation description and additional information on the accommodation provider’s page on www.my-hostel.de.
(2) The contract shall commence once the customer has provided written or verbal confirmation of the accommodation contract.
(3) The contractual partners are the accommodation provider and the customer. If a third party has placed the order for the customer, this party shall be liable towards the accommodation provider.
(4) All claims against my hostel GmbH shall expire one year from the start of the knowledge-dependent standard expiration period as outlined in §199 section 1 of the BGB. Damage compensation claims expire in three years dependent on knowledge.
Reductions of limitations do not apply in the case of claims relating to intent or gross negligence on the part of my hostel.
B) Contract commencement via online booking using the ‘DIRS21’ booking system provided by Tour Online AG
(1) Position of Tour Online AG: Tour Online AG is responsible for the technical operation of the ‘DIRS21’ booking system. It is not the customer’s contractual partner or travel agent in the case of a booking. It shall not be held liable for statements made by the accommodation provider, nor services or disruptions to services to be provided by the accommodation provider.
(2) By making a booking (in accordance with section II.B.3), the guest is providing the accommodation provider with a binding offer to enter into an accommodation contract. The foundation of this offer is the accommodation description and additional information on the accommodation provider’s page on www.my-hostel.de.
(3) Booking of accommodation services via the DIRS21 booking system takes place electronically by filling out and submitting the booking form.
(4) The contract shall commence once the accommodation provider has access to the electronic booking confirmation from DIRS21. There is no separate written booking confirmation.
(5) The contractual partners are the accommodation provider and the customer. If a third party has placed the order for the customer, this party shall be liable towards the accommodation provider.
PRICES AND SERVICES, PRICE INCREASES
(1) The accommodation provider is obliged to make the booked room available to the customer and to provide services as agreed.
(2) The prices stated are final prices including statutory VAT and all additional costs, unless otherwise stated. Prices are per room, whereas package offer prices apply per person.
(3) The services owed by the accommodation provider are exclusively based on the booking confirmation and the valid description provided on the booking portal and on www.my-hostel.de and the services, comfort and amenities outlined there concerning the booked accommodation and the accommodation provider. Any differing descriptions of the accommodation provider, amenities, services or the booked accommodation in the accommodation provider’s brochures or host lists or any other documents do not affect the accommodation provider’s obligations insofar as the offer did not refer to this content.
(4) If the customer wishes to retroactively reduce the number of booked rooms, the booked services or the duration of stay, the accommodation provider can stipulate that the price for the room and/or other services is increased.
(1) The customer is obliged to pay the accommodation provider’s prices as agreed/applicable for the room and other services used. This also applies to services requested by a third party for the customer.
(2) The payment dates for deposits and final payments depend on the information stated in the offer and booking confirmation. If nothing is stated there, the whole accommodation price including additional costs and costs for additional services must be paid by 3 working days before arrival to the accommodation provider. Unless otherwise agreed in writing, the sum shall be charged to the guest’s credit card at this time. In the case of last-minute bookings (less than 3 working days before arrival), the sum is payable upon booking.
(3) Any invoices issued by the accommodation provider without a payment date are payable in full within 10 days of receipt. The accommodation provider can demand immediate payment of the whole sum by the customer at any time. In the case of default of payment, the accommodation provider has the right to demand statutory default interest currently to the sum of 8% and/or 5% above the base rate for transactions involving a consumer. The accommodation provider reserves the right to provide evidence that damages were higher.
(4) The accommodation provider has the right to demand a deposit or similar security when entering into the contract or thereafter in the form of a reasonable advance payment, credit card guarantee or similar. The accommodation provider reserves the right to check the credit card’s authenticity by charging €0.10 to the account. The sum of the deposit and payment date can be agreed in writing in the contract. Statutory provisions shall remain unaffected regarding advance payments or securities for package deals.
(5) In justified cases, e.g. the customer’s default of payment or expansion of the contract’s scope, the accommodation provider shall have the right to demand a deposit or security in the sense of section V sentence 4 above or a waiver of the deposit or security agreed in the contract after the contract’s commencement up to the start of the stay.
(6) The customer can only offset the accommodation provider’s claims with uncontested or legally established claims.
(7) Payments in foreign currencies or via cheque are not possible. Credit card payments are accepted from the following card companies: Visa, Mastercard. Advance payments via bank transfer (payment must arrive in the accommodation provider’s bank account by 8 working days before arrival at the latest) are possible, but bank transfer is not an accepted payment method at the end of the stay.
ROOM PROVISION, HAND-OVER AND RETURN
(1) The customer has no claim to the provision of certain rooms unless expressly agreed in writing.
(2) Booked rooms are available to the customer from 15:00 on the agreed day of arrival. The customer has no right to earlier access.
(3) On the agreed day of departure, the rooms must be cleared by 10:00 at the latest. If the room is not cleared by this time, the accommodation provider can charge 50% of the full accommodation price to compensate for use beyond the scope of the contract until 12:00 and 100% if it is used until 14:00. This does not affect the customer’s contractual claims. The customer is free to provide evidence that the accommodation provider does not have a claim to compensation for use, or that this compensation should be considerably lower.
WITHDRAWAL BY THE CUSTOMER (CESSATION, CANCELLATION) / NON-UTILISATION OF THE ACCOMMODATION PROVIDER’S SERVICES
Unless any other agreements have been made in the accommodation agreement, the following cancellation periods apply:
(1) Sole travellers and groups of up to 10
The booking can be cancelled free of charge before 18:00 (local time/accommodation provider) up to 3 days before arrival. If guests cancel later or fail to show, 100% of the total sum shall be payable.
(2) Groups of more than 10
The booking can be cancelled free of charge before 18:00 (local time/accommodation provider) up to 8 weeks before arrival. If guests cancel before 18:00 (local time/accommodation provider) up to 4 weeks before arrival, 50% of the total sum shall be payable. If guests cancel later or fail to show, 100% of the total sum shall be payable.
(3) Deposits and cancellation periods for BAUMA and OKTOBERFEST::
For bookings during the BAUMA fair (currently 08.04.2019 – 14.04.2019) and Oktoberfest (currently 16.09.2017 – 03.10.2017), a non-refundable 50% deposit is payable on the day of booking. The booking shall only be valid once this deposit has been received. If guests cancel before 18:00 (local time/accommodation provider) up to 60 days before arrival, 50% of the total sum shall be payable. If guests cancel later or fail to show, 100% of the total sum shall be payable.
(4) If the customer wishes to withdraw from a contract entered into with the accommodation provider, they must acquire written permission from the accommodation provider. If this is not acquired, the agreed price as stated in the contract is payable even if the customer does not use the services outlined in the contract.
(5) Insofar as the customer and accommodation provider agreed to a date for free withdrawal from the contract in writing, the customer can withdraw from the contract until this time without the accommodation provider acquiring claims to damage compensation or payment. The customer’s right to withdrawal shall expire if they do not exercise this right by the agreed date in writing to the accommodation provider.
(6) If rooms are not used by the customer, the accommodation provider must take into account any income from subsequent rental and expenses saved. If the rooms cannot be otherwise rented, the accommodation provider can demand the contractually agreed payment and deduct a fixed sum for saved expenses. In this case, the customer is obliged to pay at least 90% of the contractually agreed price for the accommodation. The customer is free to provide evidence that the above claim does not apply or that costs incurred were lower.
WITHDRAWAL BY THE ACCOMMODATION PROVIDER
(1) Insofar as contractually agreed that the customer can withdraw from the contract within a certain period free of charge, the accommodation provider shall also be permitted to withdraw from the contract during this period if other customers have requested the rooms and the customer does not wish to exercise their right of withdrawal when requested.
(2) If deposit or security that had been agreed, or one requested within the realms of section V number 4 and/or 5, has not been paid even after the accommodation provider has set a reasonable supplementary deadline, the accommodation provider is permitted to withdraw from the contract.
(3) The accommodation provider is also permitted to withdraw from the contract on important grounds, which could include:
– Force majeure or other circumstance for which the accommodation provider is not responsible but that would make fulfilment of the contract impossible;
– If rooms have been culpably booked under incorrect or misleading information regarding contractual facts e.g. the customer’s identity or purpose of stay;
– If the accommodation partner has grounds to believe that providing the accommodation services would interfere with the smooth running of their business or their safety or reputation without the fault of the accommodation provider’s organisation or staff;
– If the purpose of the stay is illegal;
– In the case of a violation of section I number 2 above.
(4) If the accommodation provider properly withdraws from the contract, the customer shall have no claim to damage compensation.
(1) The customer is obliged to treat the accommodation and the accommodation provider’s amenities and facilities with care, only use them for suitable purposes, and to follow any regulations of use that have been issued.
(2) The customer is obliged to declare any defects or disruptions immediately to the accommodation provider. If the customer culpably fails to declare defects, the customer’s claims may partially or completely expire.
ACCOMMODATION PROVIDER’S LIABILITY
(1) The accommodation provider is liable for its obligations as outlined in the contract. Damage compensation claims are not available to the customer. This does not include damages relating to injury to life, body or health, if the accommodation provider was responsible for violating their obligations or damages relating to gross negligence or intent on the part of the accommodation provider, or damages caused by the violation of obligations typical for the contract on the part of the accommodation provider within the realms of intent or gross negligence. A violation of obligations by the accommodation provider is not equal to a violation of obligations by a legal representative or vicarious agent. If the accommodation provider’s services prove to be defective or are subject to disruption, the accommodation provider shall try to remedy the situation as soon as the provider becomes aware of this or as soon as a customer declares such defects or disruptions. The customer is obliged to provide a reasonable contribution to the rectification of the disruption and minimise possible damage.
(2) The accommodation provider shall only be held liable for the customer’s possessions to the extent of applicable law. After this, liability is limited to one hundred times the room price but no more than €3,500, plus up to €800 for money, valuables and bonds. Liability claims shall expire if the customer does not immediately declare to the accommodation provider any loss, destruction or damage upon its discovery (§703 of the BGB).
(3) If the customer is provided with a parking space, paid or free of charge, there is no contract of safekeeping. In the case of loss or damage of vehicles and/or the contents of vehicles parked or manoeuvring on the accommodation provider’s property, the accommodation provider shall not be held liable unless in the case of intent or gross negligence. The regulation under section IX number 1 sentences 2 to 4 apply to the exclusion of the customer’s damage compensation claims.
(1) Changes to this contract, the acceptance confirmation or these general terms and conditions should be made in writing. Any changes that the customer attempts to make do not apply.
(2) The place of fulfilment and payment is the accommodation provider’s base.
(3) The exclusive place of jurisdiction – even for disputes relating to drafts and cheques – for business transactions is the accommodation provider’s business address. Insofar as a contractual partner fulfils the requirement under §38 section 2 of the ZPO and has no general place of jurisdiction in the country, the place of jurisdiction shall be the accommodation provider’s business address.
(4) German law applies. The UN Sales Convention and conflict of laws are excluded.
(5) If individual provisions in these general terms and conditions are or become invalid or ineffective, the validity of all other provisions shall remain unaffected. Otherwise, statutory regulations shall apply.