INFO & SERVICE
General Terms and Conditions Hostel
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
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
Services, Prices, Payment, Offset
The hotel is obligated to have the booked room ready and to provide the
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
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
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
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
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.
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
A higher force or other unforeseen circumstances make the contract’s
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.
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.
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
German law applies. There shall be no application of the CISG and
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.
Hostel Kaiserpassage Kaiserpassage 10 76133 Karlsruhe