Hostel Berlin Backpacker

TERMS AND CONDITIONS OF THE THREE LITTLE PIGS HOSTEL ACCOMMODATION CONTRACT

01.07.2008

 

§1 Scope of Application

1. These Terms and Conditions of Business apply to contracts having to do with the

provision of

hostel rooms and individual hostel beds by the Three Little Pigs Hostel against rent, as well

as to all services supplied in relation to contractual partners or services to be supplied by the

latter.

2. Terms and conditions of the customer or of any other contractual partner shall only apply

if this

has previously been agreed in writing.

§ 2 Conclusion of the Contract

1. Upon the Guest‘s request for reservation, a hostel accommodation contract is brought

about by the Hostel‘s corresponding

confirmation of the reservation.

2. Contractual partners are the Hostel and the Guest. If a third party has made the

reservation on behalf of the Guest, this party shall

be liable vis-à-vis the Hostel jointly and severally with the Guest for all obligations resulting

from the Contract if the Hostel is in

possession of a corresponding declaration given by the Ordering Party. Independent

therefrom, any Ordering Party is obliged to

pass on all booking related information to the Guest, in particular the present General Terms

and Conditions.

3. Sub- and re-leasing of rooms as well as their usage for purposes other than

accommodation require the prior written consent of

the Hostel.

4. Bookings can only be done by contractually capable people.

§ 3 Arrival and Departure

1. The Guest is not entitled to the provision of certain specific rooms unless the Hostel has

confirmed the provision of certain rooms in writing. For groups of 11 or more, the hostel

retains the right to determine the type of accommodation provided (i.e. to determine

the allocation of singles, doubles and multibed rooms). The hostel will, however, take guest

requests into consideration and do its

best to grant them when possible.

2. Booked rooms shall be at the Guest’s disposal from 3.00 p.m. on the agreed date of

arrival. The Guest shall not be entitled to an

earlier provision.

3. Booked rooms shall be taken by the Guest on the agreed date of arrival by 5.00 p.m. at

the latest. Unless a later time of arrival has been guaranteed by credit card or prepayment,

the Hostel has the right to place the booked rooms with other guests after 5.00

p.m., without the contractual party being able to claim any compensation as a result

thereof. In so far, the Hostel is entitled to

revocation.

4. On the agreed date of departure, the rooms shall be vacated and at the Hostel’s free

disposal by 11.00 a.m. at the latest.

Thereafter, the Hostel may charge, beyond the damage incurred to it thereby, 50 per cent of

the daily room rate for the additional

use of the room until 6.00 p.m., and from 6.00 p.m. 100 per cent of the full applicable price

for lodging. The Guest is free to prove vis-à-vis the Hostel that no damage or a considerably

lower damage has been incurred to the Hostel.

§4 Services, prices, payment, settlement of accounts

1. The Hostel is obliged to have the booked rooms available according to the present

General Terms and to fulfil the services agreed.

2. The Hostel is by virtue of important reasons fully entitled to accommodate the Guest in

another hotel or guest house with

comparable standard and service for the price agreed without recourse.

3. The Guest is obliged to pay the prices applying to or agreed on for the provision of

accommodation and additional services he /

she has made use of / booked. This also applies to services and expenses of the Hostel visà-

vis third parties incurred for

performances rendered upon the Guest’s request.

4. The prices agreed include the applicable statutory Value Added Tax. In case the period

between the conclusion and performance

of the Contract exceeds four months, and if the prices usually charged by the Hotel for such

services have increased in the

meantime, the Hotel may increase the contractually agreed price accordingly, but, by no

more than 10 per cent maximum.

5. The prices may be also changed by the Hostel if the Guest subsequently wants to change

the number of the booked rooms, the

service of the Hotel or the duration of the Guests’ stay and the Hotel gives its consent

thereto.

6. Upon receipt, invoices issued by the Hotel shall become payable immediately without

deduction. The Guest shall be in default at the latest upon failure to pay within 10 days after

the due date and receipt of an invoice. This shall apply vis-à-vis a Guest who is consumer

only if these consequences were specified in the invoice. In the case of default of payment,

the Hostel is entitled to charge consumers interests in the amount of 5 per cent above the

base rate. For business transactions, the default interest rate is 8 per cent above the base

rate. The right for the Hotel to prove a higher damage is reserved. For each reminder sent

after default occurs, the Hotel may charge a reminder fee of EUR 5.00.

7. The Hostel is entitled to request, on the conclusion of the Contract or later, a reasonable

advance payment or security. The amount of the advance payment and its due date may be

agreed in the Contract in writing. Moreover, the Hostel is entitled to call and declare as due

claims accruing during the Guest’s stay by issuing an interim invoice and requesting

immediate payment.

8. The total amount (less the deposit), as detailed in an itemised bill, is due upon arrival

unless otherwise arranged beforehand.

9. The Guest shall be entitled to a set-off or a reduction as against a claim of the Hotel with

only undisputed or unappealable legally

binding claims.

§ 5. Revocation by the  Guest (Cancellation, Failure to take Advantage of Services booked)

1. The Hotel grants to the Guest the right to revoke the Contract at any time. In this

respect, the following provisions shall apply:

1.1. Individual bookings for up to 10 persons: can be cancelled free of charge until 24 hours

before the day of arrival. In case of a short-termed cancellation or in case of no show, the

Hostel is entitled to reasonable compensation.

The lump sum to be paid in cases of revocation is 100 per cent of the contractually agreed

price for the first overnight

accommodation.

1.2. Bookings for groups of 11 or more: cancellations made by the guest respectively on the

part of the intermediary person or

organisation are free of charge up to 60 days before expected arrival. For cancellations

made within 60 days prior to arrival,

the following cancellation fees apply; these fees also apply for bookings made within 60 days

of expected arrival:

a) For cancellations made 59 to 30 days before expected arrival, 30 per cent of the agreed upon

total price will be due.

b) For cancellations made 29 to 10 days before expected arrival, 50 per cent of the agreed upon

total price will be due.

c) For cancellations made 9 to 1 day(s) before expected arrival, 90 per cent of the agreed upon

total price will be due.

d) Guests who either cancel on the day of their expected arrival or simply do not show up

will be charged the agreed-upon

total price in full.

Above cancellation conditions also apply if the number of persons is reduced at least 10 per

cent within this period of time. A

reduction of less than 10 per cent is free of charge until 7 days prior to arrival.

2. The Guest is free to prove that the Hostel did not suffer any damage, or that the damage

incurred to the Hotel amounts to less

than the lump-sum revocation compensation claimed.

3. The above provisions on the compensation shall apply if no other regulations have been

declared in the contract.

4. If a customer wishes to cancel a contract he or she entered into with Three Little Pigs

Hostel, he or she must submit

such cancellation in writing. The cancellation is not, however, valid without the written

affirmation of Three Little Pigs Hostel. Failing that, the original price stipulated in the

contract must be paid in full even if the guest(s) fail(s) to take advantage of

the services stipulated in the contract.

§ 6 Revocation by the Hostel

1. In case an advance payment or security agreed in §3 para. 6 is not performed within a

period prescribed for this purpose, the

Hostel is also entitled to revoke the Contract.

2. Moreover, the Hostel shall be entitled to extraordinary revocation of the Contract for good

cause, in particular, if

• force majeure or other circumstances which do not fall under the scope of responsibility of

the Hostel make it impossible to

perform the Contract;

• misleading or incorrect statements of material facts have been used in booking rooms, for

example, with respect to the

person of the Guest, or the purpose;

• the Hostel has justified reason to assume that in case the Guest makes use of the Hostel’s

services the smooth business

operations, safety, or reputation of the Hostel in the public may be impeded, without such

matters being attributable to

the Hostel’s power of control or organisation;

• the Guest does not pay for due claims of the Hostel or does not provide sufficient security

and as a result payment claims of the Hostel appear to be endangered;

3. The Hotel is obliged to inform the Guest of the exercising of the revocation right in writing

without delay.

4. In the above cases of revocation the Guest is not entitled to compensation for damage.

§7 Liability of the Hostel

1. The Hostel shall be liable for the due care of a reasonably and prudent businessman. In areas not

related to the provision of typical services, this liability shall however be restricted to inadequate

service, damage, consequential damage or faults that are to be attributed to deliberate intent or

gross negligence on the part of the Hostel. If faults or defects should occur in connection with

the services the Hostel provides, on coming to know of these or on receipt of a prompt complaint from the

customer the Hostel shall seek to remedy the situation. The customer shall be obliged to do what he can,

within the limits of what may reasonably be expected of him, to rectify the fault and keep any possible

damages to a minimum.

2. The Hostel shall be liable to the contractual partner for articles brought to the house in keeping

with statutory stipulations (cf. § 703 BGB – Bürgerliches Gesetzbuch / German Civil Code)

Money and articles of value can also be left in the hostel safe, up to the maximum value (EUR 800) in

keeping with statutory stipulations for articles brought to the house. The Hostel recommends its customers

to avail themselves of this option.

Any liability claims shall lapse if the customer does not give notice to the Hostel promptly on becoming

aware of the loss, destruction or damage in question.

§8 Concluding stipulation

1. The place of fullfilment and place of payment shall be the main place of business the Hostel.

2. All business relations shall be subject to the law of the Federal Republic of Germany.

3. If individual stipulations of these General Terms and Conditions of Business should be or become

invalid or null, the effectiveness of the other stipulations shall not be affected thereby. In other

respects business relations shall be subject to statutory prescription.