General Terms and Conditions Hostel Kaiserpassage

Validity

•

These terms and conditions pertain to the contracts for the renting of hotel rooms for lodging as well as all related services and supplies provided

to the customer by this hotel, Hostel Kaiserpassage , Kaiserpassage 10, 76133 Karlsruhe (Hotel Agreement). The term “Hotel Agreement”

comprises and replaces the following terms: Lodging Contract, Guest Agreement Contract, Hotel Contract, and Hotel Room Contract.

•

The subletting of the leased room as well as the use of the room for other purposes than lodging require previous written approval by the hotel,

otherwise § 540 Paragraph 1 Clause 2 of the BGB is waived when the customer ceases to be the user.

•

The customer’s terms and conditions will only apply if previously and explicitly agreed upon.

•

Conclusion of Contract, Contracting Partners, and Limitations

•

The contracting partners are the hotel and customer. The contract is reached through the customer’s acceptance of the hotel’s offer. The hotel

has the right to accept the booking in written form.

•

All claims against the hotel expire after a year according to the legal statute of limitations.

•

Damage claims expire, knowledge-depending, in five years, so far as they do not involve loss of life, bodily harm, or effects on health and

freedom. These latter claims to damage expire, knowledge-depending, in ten years. The reduction in the time of the statute of limitations does

not apply for claims due to intentional or gross negligence of the hotel’s obligations.

Services, Prices, Payment, Offset

•

The hotel is obligated to have the booked room ready and to provide the agreed-upon services.

•

The customer is obligated to pay the agreed-upon and applicable rates of the hotel for the room rental and any additional services rendered. This

applies equally for services directly ordered by the customer as for services through a third party paid for by the hotel.

•

If the customer is not simultaneously a guest or books at the expense of another, both are liable as Co-debtors.

•

The agreed-upon prices are understood to include, at the time of the contract’s conclusion, the applicable taxes and local fees. Not included are

the local fees which depend on the laws of the municipality for which the guest is self-responsible, such as the visitor’s tax. Prices will be

changed accordingly with changes to the legal sales tax or the introduction of new taxes and changes or the elimination of local fees in regards

to the object of services after the conclusion of the contract. In the case of contracts with consumers this only applies when the time between the

concluding and the fulfillment of the contract is over four months.

•

The hotel can agree to the customer’s desired reduction in rooms, the services of the hotel, or the length of stay dependent on the increase in

the price for the rooms and/or the services of the hotel.

•

Hotel billings without due dates are payable without deduction within seven days of the receipt of the bill. The hotel can request the immediate

payment of due claims by the customer at any time. In the case of late payments the hotel is authorized to apply the legal interest rate which is

currently 8%, and by legal transactions involving the customer 5% above the basic interest rate. The hotel reserves the right to charge a higher

rate.

•

After the conclusion of the contract the hotel is authorized to request an appropriate prepayment or security, as in through a credit card

guarantee. The amount of the prepayment and the payment deadlines can be agreed upon in a written contract. In the case of a total reservation

over 400 Euro there is reason to charge a prepayment of 50% of the booked service due at the time of booking. In justified cases such as

defaulted payments by the customer or the extension in scope of the contract, the hotel has the right, even after the conclusion of the contract

until the beginning of the stay, to ask for a prepayment or the provision of a security, in the terms of the previous Section 3.6, or an increase in

the agreed-upon prepayment or security up to the full amount of the agreed-upon compensation.

•

The hotel is further authorized to request at the beginning and during the customer’s stay a reasonable prepayment or security, according to the

terms of Section 3.6, for existing and future claims resulting from the contract, so long as such was not already appropriately paid through the

above Section 3.6 and/or Section 3.7.

•

The overnight fee for the whole stay is subject to an explicit agreement accepted by the hotel and the paying by credit card, direct debit, a credit

bill, or cash upon arrival. By booking a service, the customer grants the hotel the collection authorization from the bank account or credit card.

That applies particularly for the reservations by credit card through the universal online hotel reservation system, where no personal signature is

provided. This rule also applies for the burden according to Section 4.3 in the case of a cancellation or no show.

•

If the customer arrives after the official check-in hours, daily from 2-7 pm, the customer grants the hotel the authority to collect from the bank

account or credit card for the booked amount. The customer can then check in via self-check-in.

•

If the customer arrives outside the check in times and on the weekend, the customer can be asked to conduct the check in himself. The payment

will occur as outlined in Section 3.10. Provided that the payment is successful, the customer will receive an email with a Pin-Code and the

directions for completing the self-check-in. The customer is obligated to provide unsolicited a valid email address. Through the pin code the

customer receives access to the room key. The bill, the Wi-Fi access code, and the registration form will all be found in the room. This

registration form “Meldeschein für Hotels und Beherbergungsstätten“(Registration Form for Hotels and other places of accommodation) must be

filled out by customers who complete self-check-in and handed in at the reception desk or into the letterbox.

•

The customer can only dispute the hotel´s own claim with an undisputed or legally binding claim.

Customer Withdrawal (Cancellation) and the Non-use of the Hotel Services (No Show)

•

A customer’s withdrawal from the agreement with the hotel is only possible when such right to withdrawal was explicitly agreed upon, when

another legal withdrawal right exists, or when the hotel explicitly agrees to the termination of the contract. The agreement to the right to withdraw

as well as the possible agreement to a voidance of the contract should be produced in written form. For a cancellation up to 7 days before the

arrival day no costs will be accrued. For a cancellation six or less days before arrival as well as for no shows and early departures, 90% of the

booked services will be charged, however maximum 90% of the booked amount of the first four days. A reduction in the number of individuals

staying in a room during the stay has no influence on the confirmed room price.

•

In the case that a deadline was agreed upon in contract between hotel and customer regarding a free withdrawal, the customer can cancel the

contract, without the hotel claiming damages or payment. The right to withdrawal is forfeited when the right is not exercised within the agreed

upon time.

•

If a right to withdrawal is not agreed upon or is lapsed, there exists equally no legal withdrawal or termination right. If the hotel does not agree to

a cessation of contract, the hotel has the right to the claim for the understood payment despite no use of the service. The hotel shall offset this

through third party income by renting the room. If the room is not otherwise rented, the hotel can charge a reduced rate for saved expenditures

according to section 4.1. The customer is free to demonstrate proof that the aforementioned claim is non-existent or not occurring at the extent

claimed.

Hotel Withdrawal

•

In the case that it is agreed upon for the customer to be able to freely withdraw from the contract, the hotel is entitled to withdraw from the

contract if there exist other customer inquiries into the contractually booked room and the customer, after further inquiry by the hotel in a

reasonable time period, does not give up his right to withdrawal.

•

If in accordance with Section 3.6 an agreed-upon or desired prepayment or security is not achieved, even after additional time has been given by

the hotel, the hotel has the right to withdraw from the contract.

•

Furthermore, the hotel is entitled to withdraw from the contract abnormally due to objectively justified reasons, particularly in the following cases:

•

A higher force or other unforeseen circumstances make the contract’s fulfillment impossible

•

A room was culpably booked with false or misleading information or the concealment of fundamental information; fundamental information is

considered data like the identity of the customer, the customer’s ability to pay, or the purpose of the stay

•

The hotel has reasonable cause to assume that the use of hotel services by the customer threatens normal business operations, the hotel’s

safety, or the public reputation of the establishment, without being attributable to the hotel’s domain or organization.

•

The purpose/reason of the stay is illegal

•

An infringement against the above Section 1.2 is committed

•

The hotel’s justified withdrawal does not establish reason for a customer’s claim for compensation.

•

Room Preparation, Delivery, and Return

•

The customer does not have the right to ask for the provision of specific rooms, unless this was explicitly agreed upon.

•

The booked room will be available for the customer starting at 2:00 pm on the agreed-upon arrival date. The customer cannot ask for an earlier

accommodation time. Provided that a later arrival time was not explicitly agreed upon, the hotel reserves the right to award booked rooms to

others after 7:00 pm.

•

On the agreed-upon departure day the room must be vacated and available for the hotel by at the latest 11:00 am. If this is done after 11:00 the

hotel can charge 80% of the list price for the room until 2:00 pm, and thereafter 90%. Contractual claims for the customer will not as a result be

produced. The guest has a right to prove that the hotel should have charged no or less for the usage fee than was claimed.

•

Fire, open flames, and smoking are prohibited in the entire hotel. Smoking is allowed in areas explicitly allocated for such purpose. In the case of

a violated of the prohibition on smoking, particularly in the room, the hotel will charge in lump sum a fee from 150 Euro. The hotel has the right to

prove greater damage. If the customer activates the fire alarm through illegal smoking, fire or open flame, or through other forms of negligence,

the customer will be required to bear the associated costs.

•

On the agreed check-out date, the room should be given back in neat and undamaged condition. It is not necessary to clean the room. However,

the hotel reserves the right to charge a special cleaning or reconditioning fee for extreme soiling or damage of the room. The room may be

dubbed extremely damaged if for example the room is left defiled through bodily fluids, painting on the interior of the room, or similar cases. The

fee for such damage is 150 Euro. The hotel has the right to charge a larger damage fee.

Hotel Liability

•

The hotel is liable for loss of life, bodily injuries, and other injuries affecting health. The hotel is further liable for intentional or grossly negligent

breaches of duty as well as negligence towards typical contractual duties. A breach of duty is equal to that of a legal representative or contracted

agent. The hotel is not liable for other claims to damage, so long as they are not otherwise covered in Section 7. Should an interruption in or lack

of hotel services arise, the hotel is obligated to better the situation as soon as knowledgeable or by immediate complaint on the behalf of the

customer. The customer is obligated to make a reasonable effort at resolving the disruption and reducing the damage.

•

The hotel is liable according to legal regulations for items brought in by the customer. The recommends the use of the hotel safe. Valuable items

can be given to the reception for safekeeping during open hours. In the case that the customer wishes to bring in money, securities, and valuable

with a worth of more than 800 Euro or other items with a value of more than 3,500 Euro, the customer needs to reach a special custodial

agreement with the hotel.

•

No custodial agreement exists for the use of the hotel garage or parking lot for parking a vehicle, even with a payment. The hotel is only liable for

the loss or damage of vehicles, and their contents, as stipulated in the preceding Section 7.1, Clauses 1 through 4.

•

Messages, mail, and packages for the guest will be handled with care. The hotel takes on the delivery, care, and, if desired and for a fee, the

forwarding of the aforementioned items. The hotel is only liable as it concerns this responsibility according to the stipulations in the preceding

Section 7.1, Clauses 1 through 4.

•

Objects or materials forgotten or left behind in the room and the other available rooms of the hotel will be looked after by the hotel for six months

and can be picked up at the reception during opening hours in this time frame, with proof of ownership by the customer. This does not apply for

forgotten perishables like groceries, which will be disposed of after the guest’s departure.

Right of Withdrawal

•

Customers have the fundamental right to withdrawal for contracts made at a distance as well as contracts made not on the grounds of the hotel

according to § 355 of the BGB. According to § 312g, Paragraph 2, Number 9 of the BGB there is no right to withdrawal for contracts of the

provision of services in the industry of hotels and accommodations.

Final Provisions

•

Changes or amendments to the contract, the acceptance of the proposal, or these Terms and Conditions should be carried out in written form.

Independent changes or amendments made by the customers will be viewed as ineffective.

•

The place of fulfillment and payment as well as the exclusive area of jurisdiction, including for check and exchange disputes, is in the commercial

dealings of Hostel Kaiserpassage, Karlsruhe. In the case that a contracting partner fulfilling the requirements of § 38 Paragraph 2 ZPO has no

place of jurisdiction within Germany, Karlsruhe is the sight of jurisdiction.

•

German law applies. There shall be no application of the CISG and conflict-of-law-rules.

•

Should single by-laws of these Terms and Conditions be or become ineffective or void, the effectiveness of the remaining by-laws are not

touched. In all other regards the legal provisions apply.