General Terms and Conditions
for the Accommodation Contract with Hostel Sleep-Station, Wolbecker Str. 1, 48155 Münster, Germany
1. These General Terms and Conditions are valid for contracts in oral or written form and via mail regarding rental provision of guest rooms or beds in our house for accommodation as well as all other hostel services and deliveries rendered for the customers.
2. Subletting or re-letting of the rooms as well as usage for other purposes than accommodation requires previous written approval by the hostel.
3. The customer’s General Terms and Conditions only apply, if previously expressly agreed with the hostel in written form.
II. Conclusion of contract, partner, limitation period
1. Contract shall not come into effect before the hostel’s oral or written confirmation to the guest.
2. Contract partners are the hostel and the customer. In case the booking has been made by a third party, he will be liable to the hostel together with the customer as joint debtor for all liabilities from the hostel accommodation agreement, as long as the hostel holds a corresponding declaration of the third party.
3. All claims against the hostel expire within one year from the beginning of the period of limitation constituted in section 199 para. 1 German Civil Code (BGB) provided that the customer is informed about these General Terms and Conditions. Irrespective of this knowledge, all claims for damages become time-barred within five years. Reduced limitation periods do not apply in the case of wilful or grossly negligent conduct on the part of the hostel.
III. Services, prices, payments, set-off
1. The hostel is committed to hold the rooms booked by the customer and to render the services agreed upon.
2. The customer is committed to pay for the rooms let and further services taken advantage of at the valid and/or agreed prices of the hostel. This also applies for services arranged by the customer and the hostel’s expenses due to third parties.
3. The customer is to pay cash on arrival or, following prior agreement to transfer the amount prior to his arrival (receipt of money 3 days prior to arrival at the latest). The agreed prices include value added tax at the currently valid rate. In case the period of time between conclusion and fulfilment of the contract exceeds four months and the hostel’s prices for general services in question increase within this period, the hostel is entitled to implement a reasonable increase in the contractually agreed price, however 5% at the most.
4. Furthermore, the hostel is also entitled to amend its prices, if the customer subsequently wishes to alter the number of persons or of the rooms booked, the hostel’s services or the guests’ duration of stay, and the hostel agrees to these changes.
5. Invoices issued by the hostel without specific indication of a deadline for payment are payable within 10 days after receipt without deductions. The hostel is entitled to invoice accumulated receivables at any time and to demand prompt payment. In the case of overdue payment the hostel is justified to charge the effective default interest as regulated by law, which currently is 8% or, in the case of legal transactions involving a customer, 5%. The hostel reserves the right to provide evidence of more excessive damage.
6. The hostel is entitled to demand appropriate advance payment or security on conclusion of the contract or thereafter, taking the legal provisions for package tours into consideration. The amount of the advance payment and dates are to be agreed upon in written form.
7. The customer is only entitled to set-off or reduce against a claim made by the hostel if it is a case of an undisputable or legally binding claim.
IV. Withdrawal by the customer (withdrawal, cancellation, non-arrival)
Please note that cancellations can only be accepted in a written form (for example via email).
1. A fee can be charged for cancellation.
Until 4 weeks before arrival cancellation is otherwise free of charge Until 21 days before arrival we charge 30% of the total gross value (generally the pre-payment sum) of the overall amount Until 14 days before arrival we charge 50% of the total gross value Until 7 days before arrival we charge 80% of the total gross value. For cancellations of less than 1 week before arrival we have to charge the total costs arising for the hostel due to non-letting of the beds. For individual travellers cancellation is free of charge up until 48 hours before arrival. Thereafter the fee is 50% of the total amount with bookings for several days, at least the price for the first overnight stay however. The hostel reserves itself the right to book the amount from the credit card provided as security in case of no-show. Single beds cannot be cancelled if the guest has booked a complete room.
V. Withdrawal by the hostel
1. The hostel is entitled to withdraw from the contract if an agreed advance payment or an advance payment demanded pursuant to item III, no. 6 is not made even after a reasonable grace period set by the hostel.
2. Furthermore, the hostel is justified to terminate the contract for essentially justified reason (also if the customer has already made use of parts of the service), for example if • force majeure or other circumstances beyond the hostel’s control make fulfilment of the contract impossible;
• rooms are booked on the basis of misleading information or incorrect communication of important facts, e.g. relating to the customer’s person or purpose;
• the hostel has justified reason to assume that usage of the hostel’s services will endanger smooth operation of day-to-day business, safety or the hostel’s reputation in public, without this being attributable to the domain and organization of the hostel;
• the customer has treated the hostel’s possessions carelessly and has caused damage either intentionally or as a result of negligence • there is an infringement of item I no. 2 .
3. The customer is not entitled to compensation in the case of justifiable withdrawal by the hostel.
VI. Provision, handover and restitution of rooms
1. The customer has no claim to provision of specific rooms.
2. Booked rooms are at the customer’s disposal from 12:00 h on the agreed arrival date. The customer has no claim to earlier provision.
3. On the agreed leaving date the rooms have to be cleared and back at the hostel’s disposal by 10:00 h at the latest. Thereafter the hostel is entitled to charge 50% of the full price (list price) until 18:00 h for delayed clearing of the room and the contract exceeding usage, from 18:00 h onwards 100%. Contractual claims of the customer are not applicable in this context.
4. With regard to group bookings, in the event of damage caused intentionally or by gross negligence please appreciate that, should the causer not be found, the group will have to be made jointly and severally liable.
5. In the case of gross soiling we will charge a cleaning fee.
VII. Liability of the hostel
1. Personal and other possessions are brought into the hostel at the guest’s own risk. The hostel does offer monitoring or storage duties. The hostel does not accept liability for loss, disappearance or damage unless caused by gross negligence or intent on the part of the hostel. The guest is responsible for the insurance of possessions brought into the hostel.
2. Regarding wake-up requests as well as passing on and storing of messages, post and delivery of goods for the customers, the hostel can only be made liable in the case of intent and gross negligence.
3. Otherwise the hostel is only liable – except in the case of intent and gross negligence – concerning breach of contractual obligations, and these are limited to the corresponding sum insured by the employer’s liability insurance.
VIII. Obligation to cooperate
The guest is obliged to immediately pass his complaints on to the hostel’s employees. They are instructed to take corrective actions if possible. Should a guest culpably neglect to notify deficiency, there will be no claim for reduction.
IX. Final provisions
1. Changes or additions to the contract, the acceptance of a request or these General Terms and Conditions for the accommodation in the hostel can only be implemented by the customer in written form and have to be confirmed in writing by the hostel. Unilateral amendments by the customer are invalid.
2. Performance and payments are carried out at the domicile of the hostel.
3. Exclusive place of jurisdiction – also relating to disputes in connection with cheques and bills of exchange – in business dealings is the domicile of the hostel. Provided that a contractual partner complies with the requirements of section 38 para. 2 German Code of Civil Procedure (ZPO) and has no general place of jurisdiction within Germany, the domicile of the hostel is to be regarded as the place of jurisdiction.
4. German law applies. The UN Sales Convention and the Law of Conflicts is excluded.
5. In case some regulations of these General Terms and Conditions are or become invalid or void for the accommodation in the hostel, the validity of the other clauses is not effected. For the rest, standard statutory regulations shall apply.
6. In the case of any discrepancy between the English and German versions of these General Terms and Conditions, the German version shall have legal priority.
Valid as of June 2010