General terms and conditions of business

(Hostel Erlebnisberg Kappe , as of 30.10.2018)

1. scope of application/terms of business of the customer

1.1 These Terms and Conditions apply to all contracts for the rental of guest rooms of the Hostel for accommodation purposes as well as to all other goods and services provided to the Guests by Hostel Erlebnisberg Kappe .

1.2 General terms and conditions of the guests do not apply, unless this has been confirmed in writing by Hostel .


2. conclusion of contract/transfer to third parties

2.1 The contractual partners are the guest and the Hostel Erlebnisberg Kappe .

2.2 The Agreement shall only come into effect upon oral or written confirmation by the Hostel to the Guest.

2.3 The subletting or other transfer of the rented rooms to third parties requires the prior written consent of the Hostel.

2.4 If a third party has concluded the contract for the Guest, the Guest shall be liable to Hostel Erlebnisberg Kappe as joint and several debtor for all obligations arising from the Hostel Agreement.


3. prices, payments, offsetting

3.1 The Hostel Erlebnisberg Kappe is obliged to keep the rooms booked by the guest ready and to provide the agreed services.

3.2 The guest is obligated to pay the valid or agreed prices of Hostel Erlebnisberg Kappe for the room rental and the other services used by him/her. This also applies to services and expenses of Hostel Erlebnisberg Kappe to third parties initiated by the guest.

3.3 The agreed prices include the respective statutory value added tax, unless this is shown separately.

3.4 If the period between the conclusion of the contract and the event exceeds 4 months and if the price generally charged by Hostel for such services increases, then Hostel can increase the contractually agreed price accordingly.

3.5 Changes in bookings (changes in the number of beds/rooms booked, the length of stay of guests or other essential services provided by the hostel) entitle Hostel to charge different prices.

3.6 Invoices of the Hostel are payable upon receipt of the invoice without deduction. In the event of late payment, Hostel is entitled to charge interest at a rate of 5% above the current base rate of the European Central Bank and to levy reminder fees. The Guest reserves the right to prove lower damages, Hostel reserves the right to prove higher damages.

3.7 Hostel is entitled at any time to demand either a reasonable advance payment of the total invoice or the provision of security. The amount of the advance payment is 50 % of the agreed total price for individual travellers and 30 % of the agreed total price for groups of 10 or more persons. The payment dates can be agreed in writing in the contract. The transfer of the outstanding invoice amount is to be paid in cash or by EC card at the latest upon arrival.

3.8 The Guest may only offset or reduce claims against claims of the Hostel with undisputed and legally binding claims.

3.9 We charge 25,00 Euro for returned direct debits, for payment by credit card (VISA, Mastercard) we charge a fee of 3 % of the total amount.


4. room provision, handover and return

4.1 The guest does not acquire the right to the provision of certain beds/rooms.

4.2 Booked beds/rooms are available to the guest no later than 15:00 hours on the agreed day of arrival. Unless a later time of arrival has been expressly agreed, Hostel can allocate booked beds/rooms after 6:00 p.m. otherwise without the guest being able to derive any claims for compensation.

4.3 On the agreed day of departure, the beds/rooms are to be made available to Hostel at 10:00 a.m. when vacated. After that, Hostel can charge 50% of the full accommodation price (list price) for the additional use of the room until 6:00 p.m., but at least 10.00 euros, from 6:00 p.m. 100%. The guest is free to prove to the Hostel that no or a lower expenditure was incurred. The Hostel reserves the right to make any claims for compensation.


5. amendments

Only one change per transaction is possible from the time of the reservation. Later changes can be charged with 10,00 Euro per change.


6. withdrawal of the customer (cancellation, cancellation)

6.1 Unless otherwise agreed in the contract or otherwise separately, we reserve the right to claim the following cancellation periods: Groups of 10 or more persons: - up to 8 weeks before arrival free of charge - up to 4 weeks before arrival 30% of the agreed total price

- up to 1 week before arrival 50 % of the agreed total price
- from the 6th - 2nd day before arrival 75% of the agreed total price
- from the 1st day before arrival 85% of the agreed total price
- in case of no-show 100 % of the agreed total price

Individual travellers up to 10 persons:
- until 2 weeks before arrival free of charge
- until 1 week before arrival 30% of the agreed total price
- from the 6th - 2nd day before arrival 50 % of the agreed total price
- from the 1st day before arrival 85% of the agreed total price
- in case of no-show 100 % of the agreed total price
- If discounts, specials or special offers have been booked via online booking portals, they cannot be cancelled.

6.2 A withdrawal of the guest from a contract concluded with Hostel Erlebnisberg Kappe requires the written form and the written consent of Hostel Erlebnisberg Kappe . If this is not done, the agreed price from the contract is to be paid even if the customer does not make use of contractual services.

6.3 In the case of rooms not used by the customer, Hostel can charge the guest for the lost income from other rentals. The Hostel is free to charge the guest a lump sum for the damage incurred and to be compensated by the guest.

6.4 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.

6.5 The payment obligation of the guest according to paragraph 6. does not arise if the withdrawal of the guest is due to a reason for which Hostel is responsible.


7. withdrawal of the hostel

7.1 If a final confirmation of the contract on the part of the guest is not yet available, i.e. the reservations were only optional, Hostel Erlebnisberg Kappe is entitled to withdraw from the contract.

7.2 If a reasonable advance payment or security demanded by Hostel is not provided within the agreed or reasonable period, Hostel is entitled to withdraw from the contract.

7.3 Furthermore, Hostel is entitled to cancel the contract for good cause, for example in the event of force majeure or other circumstances beyond the control of Hostel which make it unreasonable to expect the Hostel to fulfil the contract (e.g. insolvency, etc.) and if rooms are booked for purposes other than accommodation, with false information provided by the Guest or without the consent of the Hostel.


8. technical equipment and connections

8.1 Insofar as Hostel procures technical or other equipment from third parties at the instigation of the Guest, this is done in the name and on behalf of the Guest. The guest is liable for the careful treatment and proper return. He exempts the Hostel from all claims of third parties arising from the provision of this equipment.

8.2 The use of the Guest's own electrical equipment using the Hostel's electricity network requires the written consent of the Hostel. Any malfunctions or damage to the Hostel's technical equipment resulting from the use of such equipment shall be borne by the Guest, insofar as Hostel is not responsible for such malfunctions or damage. The electricity costs arising from the use of this equipment may be recorded and charged to Hostel as a lump sum.

8.3 The Guest is only entitled to use his/her own telephone, fax and data transmission facilities with the Hostel's consent. Hostel may charge a connection fee for this purpose.


9. loss of or damage to items brought with you; liability of the hostel

9.1 In accordance with Article 702 of the Civil Code, the hotel-keeper is liable only up to an amount corresponding to one hundred times the accommodation price for one day, but not less than 600 euros and not more than 3,500 euros; for money, securities and valuables, the amount of 3,500 euros is replaced by 800 euros.

9.2 Personal and other items brought into the house are at the guest's risk. The Hostel does not assume any obligation to guard or store them. The Hostel assumes no liability for loss, destruction or damage except in the case of gross negligence or intent on the part of the Hostel. The customer is responsible for insuring the objects brought along by the guest.

9.3 Otherwise Hostel is liable - except in cases of intent and gross negligence - only for breach of material contractual obligations and limited to the respective coverage of the business liability insurance.

9.4 Anyone who causes damage to the building or inventory is liable for this within the framework of the legal provisions (in particular accompanying persons and organisers). Theft and deliberate damage to property will be reported immediately. For groups, the reception team will inspect the rooms. Repair or replacement due to possible damage will be invoiced. A fee of 50 euros per lost key must be paid in cash at the latest upon departure. The Hostel Erlebnisberg Kappe does not assume any liability for luggage, cars and bicycles left on the hostel premises.


10. obligation to cooperate

10.1 The Guest is obliged to immediately notify the Hostel staff of his/her complaint. They are instructed to take remedial action, if this is possible. If the Travel Participant culpably fails to report a defect, the claim for a reduction in price shall not arise.

10.2 The ineffectiveness of individual provisions shall not result in the ineffectiveness of the entire contract.


11. house rules

11.1 The house rules are part of the general terms and conditions. In the event of breaches of the house rules, Hostel Erlebnisberg Kappe is entitled to terminate the accommodation contract without notice. Cancellation fees shall be due for any rooms/beds that are not used as a result of this in accordance with the cancellation regulations.

11.2. Furthermore, the Hostel Erlebnisberg Kappe is entitled to charge the financial loss to the guest/group in case of violation of the house rules with the consequence of the loss of other guests (early departure, etc.).


12. final provisions

12.1 Changes or amendments to the Agreement, the application or these Terms and Conditions for the hostel accommodation should be made in writing. Changes or additions by the Guest are invalid.

12.2 The place of performance and payment is the registered office of Hostel Erlebnisberg Kappe

12.3 The exclusive place of jurisdiction - for cheque and bill of exchange disputes - in commercial transactions is the registered office of Hostel Erlebnisberg Kappe .

12.4 German law shall apply. The application of UN sales law and the conflict of laws is excluded.

12.5 Should individual provisions of these General Terms and Conditions for the hostel accommodation be or become invalid or void, the validity of the remaining provisions shall not be affected. In all other respects the statutory provisions shall apply.