General Terms and Conditions (GTC)
General Terms and Conditions – Hummel Hostel
1. scope of application / terms and conditions
These terms and conditions apply to contracts in oral, written and mail form concerning the rental of guest rooms or beds of the Hummel Hostel Weimar for accommodation purposes as well as for the further services of the hostel in connection therewith.
General Terms and Conditions of the Guest shall not apply. Anything to the contrary shall only apply if expressly confirmed in writing by the Hostel.
2 Conclusion of contract/ transfer to third parties
The contract is only concluded upon verbal or written confirmation by the Hostel to the Guest; Guest and Hostel are contractual partners.
The subletting or other transfer of the rooms to third parties requires the prior written consent of the Hostel.
If another party has placed an order on behalf of the Guest, this party shall be liable to the Hostel as joint and several debtor for all obligations arising from the Accommodation Agreement.
3. prices, payment, set-off
The agreed prices include the respective statutory value-added tax, unless this is shown separately. If the period between the conclusion of the contract and the overnight stay exceeds 3 months and if the prices generally charged by the Hostel for such services increase, the Hostel may increase the contractually agreed price accordingly.
Changes in reservations (changes in the number of beds/rooms booked, the length of stay of the guests or other essential services provided by the Hostel) entitle the Hostel to charge different prices.
Invoices of the Hostel are payable without deduction upon receipt of the invoice. In the event of late payment, the Hostel is entitled to charge interest at a rate of 4 percent above the current discount rate of the European Central Bank. The Guest reserves the right to provide evidence of lower damages, and the Hostel reserves the right to provide evidence of higher damages.
The Hostel is entitled at any time to demand a reasonable advance payment, but not exceeding 30%, or the provision of security. The balance of the outstanding invoice amount is to be transferred to the business account or paid in cash.
The Guest may only set off undisputed and legally established claims against claims of the Hostel.
4. room provision, handover and return
The Guest does not acquire any right to the provision of certain beds/rooms.
Booked beds/rooms shall be available to the Guest from 2 p.m. on the agreed day of arrival. Unless a later arrival time has been expressly agreed, the hostel may assign booked beds/rooms to other guests after 6 p.m. without the guest being able to derive any claims for compensation from this.
On the agreed day of departure, the beds/rooms must be vacated and made available to the hostel by 10 a.m. at the latest. After this time, the Hostel may charge 80% of the full accommodation price (list price) for the additional use of the room until 6 p.m., with a minimum charge of 10 euros, and 100% from 6 p.m. onwards. The guest is free to prove to the hostel that no or lower damages were incurred. The Hostel reserves the right to assert any claims for damages.
We ask for your understanding that in case of culpably or negligently caused damage to the inventory, we have to hold the group jointly and severally liable if the causer cannot be determined, and in case of gross soiling we will charge a cleaning fee.
The hostel reserves the right to exercise its domiciliary rights without restriction and at any time in the event of a deliberate or grossly negligent violation of the house rules by the guest.
With the handing over of the room key a valid document is necessary as a deposit. For the loss of the key will be charged 10 euros.
Changes within a reasonable period of time after the reservation are generally possible. Later changes will be charged according to the terms of point 6.
6. withdrawal of the guest (cancellation, cancellation, non-arrival)
For rooms that are not used, the hostel will charge the guest for income from renting the rooms to other parties and for expenses saved. The hostel is free to charge a lump sum for the damages incurred and to be reimbursed by the guest.
A cancellation fee will be charged. For groups (10 persons or more), the cancellation fee is 40% of the total amount if the cancellation is made within 3 weeks before the start of the trip, 60% of the total amount if the cancellation is made within 14 days before the start of the trip, and 80% of the total amount if the cancellation is made within 7 days before the start of the trip.
For individual travelers the cancellation is free of charge until 48 h before planned arrival. After that the fee is 50 % of the total amount (in case of booking for several days), but at least the agreed price for the first booked night of accommodation has to be paid by the guest. 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 guest reserves the right to prove a lower loss, the hostel a higher loss.
Services provided by third parties or special services that become useless as a result of the cancellation must be paid for at 100% in any case.
The guest’s payment obligation according to clauses 6.1. to 6.2. does not arise if the guest’s cancellation is due to a reason for which the hostel is responsible.
Costs such as visa, telephone and processing costs cannot be reimbursed in the event of a cancellation of the booking.
7. cancellation by the hostel
If a reasonable advance payment or security requested by the Hostel is not provided within the agreed period or within a reasonable period, the Hostel is entitled to withdraw from the contract.
Furthermore, the Hostel is entitled to withdraw from the contract for important reasons, for example if force majeure or other circumstances beyond the Hostel’s control make the fulfillment of the contract unreasonable, if rooms are booked with false information about the Guest or without the Hostel’s consent for other than accommodation purposes, or if the Guest violates section 2.2. of these conditions.
If the customer’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 customers for the contractually booked rooms and the customer does not waive his right to withdraw from the contract upon inquiry by the Hostel.
Vouchers issued by Hostel (for overnight stays and other services related to overnight stays) are valid for 12 months from the date of issue of the respective voucher. Gift vouchers are not redeemable in monetary terms. They can only be redeemed by using the services of the hostel.
8. technical facilities and connections
Insofar as the Hostel procures technical and other equipment from third parties for the Guest at the Guest’s instigation, it acts on behalf of and for the account of the Guest. The Guest is liable for the careful handling and proper return of the equipment. The Guest shall indemnify the Hostel against all claims of third parties arising from the provision of these facilities.
The use of the Guest’s own electrical equipment using the Hostel’s power supply system requires the Hostel’s verbal consent. Any malfunctions or damage to the technical equipment of the Hostel caused by the use of such equipment shall be borne by the Guest, insofar as the Hostel is not responsible for such malfunctions or damage. The hostel is entitled to charge a flat rate for the electricity costs incurred by the use of these devices.
The guest is only entitled to use his own telephone, fax and data transmission equipment with the hotel’s consent. The hotel may charge a connection fee for this.
9. loss of or damage to items brought along; liability of the hostel
Personal belongings and other items brought to the hostel are at the risk of the guest. The hostel does not assume any obligation to guard or store such items. The hostel accepts no liability for loss, destruction or damage except in cases of gross negligence or intent on the part of the hostel. The guest is responsible for insuring the items brought to the hostel.
The hostel is only liable for the provision of wake-up calls and the delivery and storage of messages, mail and merchandise shipments for the guests in the event of intent or gross negligence.
Otherwise, the Hostel shall only be liable – except in cases of intent and gross negligence – in the event of a breach of essential contractual obligations and limited to the respective coverage amount of the business liability insurance.
10 Duty to cooperate
The guest is obligated to immediately inform the hostel staff of any complaints. These employees shall be instructed to take remedial action, insofar as this is possible. If the guest culpably fails to report a defect, a claim for reduction shall not arise.
The hostel is liable with the diligence of a prudent businessman for the obligations arising from the contract. Claims of the customer for damages are excluded. Excluded from this are damages resulting from injury to life, body or health, if the Hostel is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by the Hostel and damages based on an intentional or negligent breach of typical contractual obligations of the Hostel. A breach of duty by the Hostel is equivalent to a breach of duty by a legal representative or vicarious agent. In the event of disruptions or deficiencies in the services of the hostel, the hostel will endeavor to remedy the situation upon knowledge of the same or upon immediate complaint by the customer. The customer is obligated to contribute what is reasonable for him/her in order to remedy the disruption and keep any possible damage to a minimum.
12. final clause
The invalidity of individual provisions shall not result in the invalidity of the entire contract.