General Terms and Conditions of the Hotel Accommodation Agreement
Please find the Terms and Conditions for Accommodations and Events under downloads.
I. Scope of Applicability
1. These Terms and Conditions govern contracts for the rental use of hostel rooms of the havenhostel Bremerhaven for lodging purposes, as well as all other goods and services rendered by the hostel for the customer.
havenhostel Cuxhaven GmbH
2. The prior written consent of the hostel is required if rooms provided are to be sublet or rented to other parties or used other than for lodging purposes, is waived insofar as the customer is not a consumer.
3. The customer’s general terms and conditions shall apply only if these are previously expressly agreed in writing.
II. Conclusion of Contract, Parties, Liability, Statute of Limitations
1. The contract shall come into force upon the hostels acceptance of the customer’s application. At its discretion, the hostel may confirm the room reservation in writing.
2. The parties to the contract are the hostel and the customer. f a third party placed the order on behalf of the customer, then that party shall be liable vis-à-vis the hostel for all obligations arising from the hostel accommodation contract as joint and several debtor together with the customer, insofar as the hostel has a corresponding statement by the third party.
3. Bookings may only be made by persons with full legal capacity.
III. Services, Prices, Payment
1. The hostel is obligated to keep the rooms reserved by the customer available and to render the agreed services.
2. The Hotel is entitled to accommodate the Customer in a different hotel of an equivalent standard and level of service at the booked price without giving rise to any recourse claims against the Hotel if there is good cause for doing so, in particular where accommodation in the reserved Hotel is not possible.
3. The Guest is obliged to pay the current or agreed fees and rates of the Hostel/Hotel for room rental and any rendered additional services. The same applies to any services provided or any expenses the Hostel/Hotel has incurred towards a third party which have been initiated either by the Guest or the Booking Agent.
4. The agreed prices include applicable value-added tax as required by law. If the period between conclusion and fulfillment of the contract exceeds four months and if the price generally charged by the Hostel/Hotel for such services increases, then the Hostel/Hotel may raise the contractually agreed price to a reasonable extent but not, however, by more than ten percent.
5. Moreover, the hostel may change prices if the customer later wishes to make changes in the number of reserved rooms, the Hostel/Hotel's services, or the length of guests’ stay, and the Hostel/Hotel consents to such changes.
6. Hostel/Hotel invoices not showing a due date are payable and due in full within fourteen days of receipt. The hostel shall be entitled at any time to make accumulating accounts receivable payable and due and to demand payment without undue delay. With default of payment, the Hostel/Hotel shall be entitled to demand the respectively applicable statutory default interest in the amount of currently 8% or, with legal transactions with a consumer, in the amount of 5% above the base interest rate. The hostel reserves the right to prove greater damage. The Hostel/Hotel may further demand a reminder fee of 5.00 Euro for each reminder after the commencement of the event of default.
7. The Hostel/Hotel is entitled to require a reasonable advance payment or security deposit, usually at least ten percent of the original payment upon conclusion of the contract or thereafter, observing the legal provisions for package tours. The amount of the advance payment and payment dates may be agreed in writing in the contract.
8. Unless otherwise agreed, for groups of twelve persons or more a payment of 30 percent of the total booking price shall be due immediately on confirmation of the booking. Unless otherwise agreed, the remaining amount will be due no later than four weeks prior to arrival without the Hotel issuing a separate payment reminder. In the case of group bookings booked less than eight weeks prior to arrival, there will be no advance payment and the total booking price will be due in full immediately on confirmation of the booking.
9. The full amount is due at the time of check in
10. The customer may only set-off or reduce a claim by the hostel with a claim which is undisputed or decided with final, res judicata effect.
IV. WITHDRAWAL OF THE CUSTOMER (CANCELLATION, ANNULMENT)/ FAILURE TO USE HOSTEL SERVICES (NO SHOW)
1. Cancellation by the customer of the contract concluded with the Hostel/Hotel requires the hostel’s written consent. If such is not given, then the price agreed in the contract must be paid even if the customer does not avail himself of the contractual services. This shall not apply with the breach of obligation of the hostel to take into account the rights, objects of legal protection and interests of the customer, if holding to the contract is no longer reasonable or another statutory or contractual cancellation right exists.
Unless specified in the Agreement, the following cancellation notice charges apply:
1.1 Individual bookings up to 14 persons: cost-free withdrawal from the Agreement, without charges or damage claims by the hotel, is possible up to 24 hours before arrival. In case of a last minute cancellation after 3 pm the day prior to arrival or in case of a no-show, the following cancellation charges shall apply: 90 percent of the overnight accommodation rate for the first night, in so far the room could not be rented out to another party.
1.2 Groups of 15 and more: The deadline for free cancellations is 60 days before the day of arrival for group bookings. These deadlines also apply if the Contract is concluded within the respective deadline. On cancellation after these deadlines, cancellation charges are payable on the following terms:
a. 59 to 30 days before arrival are 30 percent of the overnight accommodation rate will be charges.
b. 29 to 10 days before arrival are 50 percent of the overnight accommodation rate will be charged.
c. 9 to 2 days before arrival are 70 percent of the overnight accommodation rate will be charged.
d. In the event of a cancellation on the day of arrival or non-utilisation of the service, 90 percent of the total agreed booking price is payable.
If the number of persons falls by more than ten percent within these deadlines, the above cancellation charges for the cancelled persons will apply accordingly. Up to 10 percent of the number of persons may be cancelled free of charge up to one day prior to arrival.
1.3. Booked catering services may be cancelled free of charge up to eight days prior to arrival. Thereafter, a cancellation fee of 100 percent of the agreed price will be payable.
2. The Guest has the right to demonstrate that the aforesaid charges have not arisen in the amount claimed.
3. The foregoing provisions regarding the cancellation deadlines and charges apply subject to any other contractual provisions.
V. WITHDRAWAL OF THE HOSTEL
1. If an agreed advance payment or an advance payment or a security demanded pursuant to item III No. 7 and 8 is not made even after a reasonable grace period set by the Hostel has expired, then the Hostel is likewise entitled to withdraw from the contract.
2. Moreover, the Hostel is entitled to effect extraordinary withdrawal from the contract for a materially justifiable cause, in particular if
force majeure or other circumstances for which the hostel is not responsible make it impossible to fulfill the contract;
rooms are reserved with misleading or false information regarding material facts, such as the identity of the customer or the purpose;
the hostel has justified cause to believe that use of the hostel’s services might jeopardize the smooth operation of the hostel, its security or public reputation, without being attributable to the hostel’s sphere of control or organization;
there is a breach of the item VI, No. 3
the Hotel acquires knowledge of circumstances that indicate that the Customer’s financial position has deteriorated substantially since conclusion of the Contract, in particular if the Customer does not pay claims due to the Hotel or does not offer an adequate deposit and as a consequence the Hotel’s payment claims appear to be in jeopardy.
3. The Hostel shall inform the Guest in writing without delay that the Hostel is invoking the right to rescind.
4. In all of the above-mentioned cancellation cases the Guest does not have the right to claim damages for any losses suffered.
VI. ROOM AVAILABILITY, DELIVERY AND RETURN
1. The customer does not acquire the right to be provided specific rooms or beds insofar as this is not expressly agreed. In the case of group bookings of fifteen persons and above with accommodation in multi-bed rooms, the Hostel/Hotel shall specify the allocation of the rooms. The Hostel/Hotel will take requests into consideration. The specific allocation of the rooms (single, double, dorm rooms) can be found on the booking confirmation.
2. Reserved rooms are available to the customer starting at 3:00 p.m. on the agreed arrival date. The customer does not have the right to earlier availability.
3. Rooms or beds must be vacated and made available to the Hostel no later than 10:00 am on the agreed departure date. After that time, on the grounds of the delayed vacating of the room or bed for use exceeding the contractual time, the Hostel may charge 70% of the full accommodation rate (list price) for the additional use of the room until 6:00 p.m. (after 6:00 p.m.: 100%). Contractual claims of the customer shall not be established hereby. The customer is at liberty to prove that the Hostel has no or a much lower claim for charges for use of the room.
4. For groups of fifteen persons and above, the Hotel shall be provided with a list of all participants with their full name and date of birth by no later than on arrival.
5. If the total number of the persons arriving exceeds the contractually agreed number of persons, the additional persons shall have no right to accommodation.
VII. Additional Provisions
1. The currently in force house rules are part of the hostels terms and conditions contract and can be downloaded from its website or enquired about at the reception.
2. Persons under 18 are not permitted to sleep in dormitories. Minors may only stay in private rooms if accompanied by a parent or at least a person over 18 authorised by their legal guardian or with a written declaration of consent and a copy of the ID card/passport of a legal guardian.
3. Pets or large noise-producing medical devices (e.g. respirators/oxygen apparatus) are only permitted in private rooms.
4. When booking breakfast, breakfast is served following each overnight stay. When booking half or full board, dinner on the evening of arrival is served as the first meal unless otherwise agreed. Half board only includes breakfast and dinner, whereas full board includes breakfast, lunch/packed lunch and dinner. Mealtimes will be agreed with the Hotel no later than on arrival of the Customer or the group.
VIII. Liability and Limitation
1. The Customer shall be liable for any damage to Hotel property or severe soiling caused due to wilful misconduct or gross negligence. The guest will be liable for damages caused due to misconduct by a guest’s visitor or another third party in relation to the guest. If the guilty person within a group cannot be identified, the entire group shall be liable. The Hotel reserves the right to demand a deposit of up to 10.00 Euro per person but up to 500.00 Euro per group per booking on arrival or during the stay that will be refunded on departure provided no damage or severe soiling caused by the Customer or group is established by that point.
2. The hostel will be liable for loss for which it is at fault resulting in death, personal injury or impairment of health. It shall further be liable for other loss resulting from a wilful or grossly negligent breach of duty by the Hotel or a wilful or grossly negligent breach of the Hotel’s duties that are typical under the Contract. Additionally the hostel is not liable for slight negligence, in so far it is legally possible. Die Haftung des Hostels/Hotels ist jedoch auf den vertragstypischen, vorhersehbaren Schaden beschränkt, soweit nicht zugleich ein weiterer Fall zwingender Haftung nach Satz 1 und 2 gegeben ist. Additionally the hostel is not liable for (for instance indirect damage, consequential damage, or lost profit) slight negligence, in so far it is legally possible. This paragraph about the hostels liability remains for legal representatives, and performing agent / vicarious agent (for example consulted colleagues).
3. Limitation of liability applies to both contractual and tort claims
4. Should events beyond the reasonable control of the hotel, such as force majeure lead to serious damage or injury, the hotel cannot be held liable.
5. Should disruptions or defects in the performance of the hostel occur, the hostel shall act to remedy such upon knowledge thereof or upon objection without undue delay by the customer. The customer shall be obliged to undertake actions reasonable for him to eliminate the disruption and to keep any possible damage at a minimum. If a guest negligently fails to report any defects to the hostel there will be no reduction in price.
6. The Hostel is liable to the customer for property brought into the Hostel in accordance with the statutory provisions (up to 100 times the room rate), up to 3.500,00 Euro and up to 800,00 Euro for money, securities, stocks, bonds and other things of value. The hotel will not be liable if the rooms or safes in which the personal items were kept remain unlocked. If the Guest willfully fails to inform the Hostel, the Guest is no longer entitled to claim a reduction of the agreed price. The Guest is required to prove the hostels/hotels slight negligence in relation to any damage claims. In cases where the Guest uses the Hostel garage or Hostel parking, even if the Guest has paid for such use, a contract of safe custody shall not be constituted. The Hostel is not obliged to provide surveillance of the property. In cases where cars or their contents have been stolen or damaged while the cars were parked or moved on Hostel property, the Hostel shall not be liable, unless the Hostel or its legal representatives, or any other person assisting in the fulfillment of the obligations of the Hostel, have acted either with willful intent or gross negligence. In such cases the Guest must make a claim for damages to the Hostel before leaving the site.
7. Messages, mail and delivered packages for Guests will be treated with care. The Hostel shall take responsibility for delivery and storage, and, upon request and payment of a fee, shall also forward items. Lost items shall also be stored upon request. However, damage claims regarding all of the above are excluded with the exception of cases of gross negligence or willful intent. After having stored the items for no more than one month, the Hostel is entitled to charge the Guest an appropriate fee and give the aforesaid items to a local lost-and-found office.
8. Any claim for damages that the Guest has against the Hostel expires after a period of two years at the latest from the date the Guest became aware of the damage, or - independently of this - after a period of three years from the date in which the incident that caused the damage took place. This regulation shall not be applicable to injury to life, limb or health, nor to any other damages arising from violations of obligations due to acts of gross negligence or willful intent by the Hostel, a legal representative of the Hostel or any person assisting in the fulfillment of the obligations of the Hostel.
IX. Final Provisions
1. Amendments and supplements to the contract, the acceptance of applications, or these General Terms and Conditions for hostel Accommodation should be made in writing. Unilateral amendments and supplements by the customer are not valid.
2. Place of performance and payment is the location of the hostel’s registered office.
3. In the event of dispute, including disputes for checks and bills of exchange, the courts at the location of the hostel’s registered office shall have exclusive jurisdiction for commercial transactions. Insofar as a contracting party does not have a general venue within the country, the courts at the location of the hostel’s registered office shall have jurisdiction.
4. The contract is governed by and shall be construed in accordance with the laws of the Federal Republic of Germany. The application of the UN Convention on the International Sale of Goods and the conflict of laws are precluded.
5. Should individual provisions of these General Terms and Conditions for hostel Accommodation be or become invalid or void, the validity of the remaining provisions shall remain unaffected thereby. The statutory provisions shall also be applicable.