General Terms and Conditions for the Accommodation Contract
of the Hostel "Am Windberg", Gitterseer Str. 19, 01705 Freital - hereinafter referred to as Hostel -§1 Scope of Application
(1) The Terms and Conditions shall apply to contracts in oral and written form, as well as via e-mail and website (www.hostel-freital.de
) concerning the rental of hostel rooms or beds of the Hostel for accommodation purposes, as well as to the further services of the Hostel in connection therewith.
(2) Subletting of the provided beds or rooms is not permitted. The use of the rooms or beds for purposes other than accommodation shall require the prior written consent of the Hostel, whereby Section 540, Paragraph 1, Sentence 2 of the German Civil Code (BGB) shall be waived insofar as the Guest is not a consumer.
(3) General Terms and Conditions of the Guest shall not apply. Other agreements are only valid if they are expressly confirmed in writing by the Hostel.
(4) The hostel reserves the right to exercise its domiciliary rights without restriction and at any time in the event of intentional or grossly negligent infringement of the house rules by the Guest.§2 Conclusion of Contract and Partners
(1) The contract is concluded by the Hostel's verbal or written acceptance of the Guest's application. The Hostel is at liberty to confirm the booking in writing.
(2) Bookings may only be made by persons with full legal capacity.
(3) The registration and booking form must be filled out truthfully and completely.
(4) The contracting parties are the Hostel and the Guest. If a third party places the order on behalf of the Guest, the Guest and the third party are jointly and severally liable to the Hostel for all obligations arising from the contract, provided that the Hostel has received a corresponding declaration from the third party.
(5) The valid house rules are a legally binding part of the contract and must be observed by the Guest. They can be downloaded from the Hostel's website (www.hostel-freital.de) or requested from the Hostel.
§3 Services, Prices, Payment, Offsetting
(1) The Hostel is obliged to provide the beds/rooms booked by the Guest and to render the agreed services.
(2) The Guest is obliged to pay the Hostel's prices applicable or agreed for the provision of beds and other services used by the Guest at the latest upon arrival. This also applies to services and expenses of the Hostel to third parties arranged by the Guest.
(3) For arrivals Monday to Friday after 5:00 p.m. and on weekends and holidays, payment must be made in advance by bank transfer.
(4) The Hostel reserves the right to confirm reservations only after the Guest has paid a deposit.
(5) The agreed prices include the respective statutory value-added tax. If the applicable VAT rate changes during the term of the contract, the Hostel is entitled to update the prices in accordance with the new VAT rate.
(6) If the period between the conclusion of the contract and the fulfillment of the contract exceeds four months and if the price generally charged by the Hostel for such services increases, the Hostel may increase the contractually agreed price by a reasonable amount, but by no more than 5%.
(7) Prices can be changed by the Hostel if the Guest subsequently requests changes in the number of booked rooms/beds, the services of the Hostel, or the length of stay of the Guests and the Hostel agrees to this.
(8) Invoices of the Hostel are payable immediately after receipt without deduction. The Guest shall be in default at the latest if he/she does not make payment within 14 days of receipt of an invoice/payment. In the event of late payment, the Hostel is entitled to charge Guests the statutory interest on arrears applicable at the time, amounting to 5 percentage points above the prime rate per annum. In business transactions, the default interest rate is 9 percentage points above the base interest rate per annum. The Hostel reserves the right to claim higher damages. The Hostel may charge a reminder fee of 5.00 EUR for each reminder sent after the Guest has fallen into arrears.
(9) The Guest can only offset or reduce a claim of the Hostel with an undisputed or legally binding claim.§4 Withdrawal of the Guest (Cancellation)
Unless otherwise agreed in the contract, the following cancellation periods and fees apply:
(1) Bookings of rooms are only binding for both parties, Hostel and Guest, if a confirmed booking in text form has been received by the Guest and the Hostel.
(2) In principle, a cancellation of the booking of individual beds by Guests is possible free of charge up to 72 hours before the start of the day of arrival. This condition does not apply to bookings of travel groups larger than 13. If no other arrival time has been agreed in advance, rooms are considered cancelled after 18:00. In case of cancellation of individual rooms/beds by Guests within three days or in case of no-show on the day of arrival, the Hostel will charge a cancellation fee of 100% of the contractually agreed accommodation price of the first night.
(3) For travel groups with 13-80 persons the following basic cancellation conditions apply, unless otherwise agreed with the booking confirmation:
The total amount of the booking must be paid by bank transfer no later than one month (30 days) before arrival. Until then, cancellations are free of charge. Cancellations are subject to the following cancellation fees:
- 30 to 25 days before planned arrival date 40 % of the agreed total booking amount
- 24 to 15 days before planned arrival date 60 % of the agreed total booking amount
- 14 to 7 days before planned arrival date 80% of the agreed total booking amount
- less than 6 days before the planned date of arrival or a no-show 100% of the agreed total booking amount.
(4) If individual beds from a completely booked room are cancelled, the Hostel is entitled to rent these beds also to Guests who do not belong to the group.
The Hostel is not liable for cancellations due to force majeure (e.g. natural disasters, fires, official closure orders - e.g. due to pandemic, official seizure due to armed conflicts and similar), in this case the regular listed or individually agreed cancellation conditions apply.
(5) The Guest is free to prove that the aforementioned claim did not arise or did not arise in the required amount.
(6) Deviating cancellation conditions agreed with the booking confirmation and at the conclusion of the contract have priority over the cancellation conditions of the general Terms and Conditions.
(7) Cancellations must be notified to the Hostel in text form within the specified period.§5 Cancellation by the Hostel
(1) If the Guest's right to withdraw from the contract free of charge within a certain period of time has been agreed upon in writing, the Hostel is entitled to withdraw from the contract within this period of time if there are requests from other Guests for the contractually booked rooms/beds and the Guest does not waive his right to withdraw from the contract upon inquiry by the hostel.
(2) If an agreed advance payment or an advance payment demanded in accordance with these General Terms and Conditions is not made even after the expiry of a reasonable period of grace set by the Hostel, the Hostel shall also be entitled to withdraw from the contract.
(3) Furthermore, the Hostel is entitled to withdraw from the contract for objectively justified reasons, for example if
- the Guest does not keep the stated arrival time and is at least 2 hours late without informing the hostel;
- force majeure or other circumstances beyond the Hostel's control make it impossible to fulfill the contract;
- rooms are booked under misleading or false information of essential facts, e.g. in the person or the purpose;
- the Hostel has reasonable grounds to believe that the use of the Hostel's services may affect the smooth running of the business, the safety or the public reputation of the Hostel, without this being attributable to the Hostel's sphere of control or organization;
- violations of the applicable house rules occur.
(4) In the event of a justified withdrawal by the Hostel, the Guest shall not be entitled to compensation.§6 Room Provision, Handover and Return
(1) The Guest is not entitled to the provision of specific beds/rooms unless this has been specifically agreed with the Hostel.
(2) Booked beds/rooms are available to the Guest vacated from 14.00 hrs on the agreed day of arrival. The Guest has no right to an earlier provision.
(3) During “check-in," the accommodation form has to be filled in with the personal data of the Guest. This includes name, address, accompanying persons, ID or passport number, e-mail and telephone number.
(4) Booked beds/rooms are to be claimed by the Guest no later than 6:00 p.m. on the agreed day of arrival. If there is no guaranteed booking, which was guaranteed by an advance payment or security deposit, the Hostel has the right to assign booked rooms to other parties after 6:00 p.m., without the Guest being able to derive any claims for compensation from this. In this respect, the Hostel has a right of withdrawal.
(5) On the agreed day of departure, the beds/rooms of the Hostel must be vacated by 10:00 a.m. at the latest. After this time, the Hostel may charge the full list price due to the late vacating of the room.§7 Liability of the Hostel
(1) The Hostel is liable for its obligations arising from the contract with the diligence of a prudent businessman. Claims of the Guest for damages are excluded.
(2) This does not apply to damages resulting from injury to life, body or health, if the Hostel is responsible for the breach of duty, other damages resulting from an intentional or grossly negligent breach of duty by the Hostel and damages resulting from an intentional or negligent breach of typical contractual duties by the Hostel. A breach of duty by the Hostel shall be deemed equivalent to a breach of duty by a legal representative or vicarious agent.
(3) The Guest is aware that a special feature of the accommodation business of the Provider of Service (Hostel) is that, among other things, multi-bed rooms are rented out, the guests of a multi-bed room share a key and thus persons other than the guest himself have access to the room. The Provider of Service (Hostel) shall not be liable for loss or theft from lockers, luggage storage as well as checkrooms.
(4) So far as the Guest is provided with a parking space on the Hostel parking lot, also for a fee, this does not constitute a custody agreement. The Hostel shall not be obliged to monitor the parking space. In the event of loss or damage to motor vehicles parked or maneuvered on the Hostel's property and their contents, the Hostel is not liable unless the Hostel, its legal representatives or its vicarious agents are responsible for intent or gross negligence. In this case, the damage must be claimed against the Hostel at the latest when leaving the Hostel property.
(5) Exclusion of liability: improper use/handling of the 2-bunk beds is strictly prohibited. No liability will be accepted for any damage caused by falling out of the bunk bed. Damages caused by the improper use of the 2 bunk beds shall be borne by the Guest himself.
(6) In the event of disruptions or deficiencies in the services provided by the Hostel, the Hostel will endeavor to remedy the situation if it becomes aware of them or if the Guest immediately complains about them. The Guest is obligated to contribute what is reasonable for him/her in order to remedy the disruption and to keep any possible damage to a minimum.§8 Other Terms
(1) Persons under 18 years of age are not allowed to stay overnight in the dormitory. In private rooms, underage persons are allowed to stay overnight only if accompanied by at least one adult person. This regulation does not apply to group travelers accompanied by an adult person authorized by the legal guardians.
(2) For a stay of 1 to 6 nights, room cleaning and linen change is not included. In case of a stay of 7 nights or more, room cleaning with linen change is provided weekly.§9 Final Terms
(1) Changes or additions to the contract, the acceptance of the application or these general Terms and Conditions should be made in writing. Unilateral changes or additions by the Guest are invalid.
(2) Place of performance and payment is the registered office of the Hostel.
(3) The exclusive place of jurisdiction - also for disputes regarding checks and bills of exchange - in commercial transactions shall be the registered office of the Hostel.
(4) The law of the Federal Republic of Germany shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
(5) Should individual provisions of these general Terms and Conditions for Hostel Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.