The Cat's Pajamas GmbH
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TERMS AND CONDITIONS OF THE CAT’S PAJAMAS HOSTEL ACCOMMODATION CONTRACT
§1 Scope of Application
1. These Terms and Conditions of Business apply to contracts having to do with the provision of hostel rooms and individual hostel beds by the The Cat’s Pajamas Hostel (following called “the Hostel”) against rent, as well as to all services supplied in relation to contractual partners or services to be supplied by the latter.
2. Terms and conditions of the customer or of any other contractual partner shall only apply if this has previously been agreed in writing.
§ 2 Conclusion of the Contract
1. Upon the Guest‘s request for reservation, a hostel accommodation contract is brought about by the Hostel‘s corresponding confirmation of the reservation.
2. Contractual partners are the Hostel and the Guest. If a third party has made the reservation on behalf of the Guest, this party shall be liable vis-à-vis the Hostel jointly and severally with the Guest for all obligations resulting from the Contract if the Hostel is in possession of a corresponding declaration given by the Ordering Party. Independent there from, any Ordering Party is obliged to pass on all booking related information to the Guest, in particular the present General Terms and Conditions.
3. Sub- and re-leasing of rooms as well as their usage for purposes other than accommodation require the prior written consent of the Hostel.
4. Bookings can only be done by contractually capable people.
§ 3 Arrival and Departure
1. The Guest is not entitled to the provision of certain specific rooms unless the Hostel has confirmed the provision of certain rooms in writing. For groups of 11 or more, the hostel retains the right to determine the type of accommodation provided (i.e. to determine the allocation of singles, doubles and multi-bed rooms). The hostel will, however, take guest requests into consideration and do its best to grant them when possible.
2. Booked rooms shall be at the Guest’s disposal from 3.00 p.m. on the agreed date of arrival. The Guest is not entitled to an earlier provision.
3. For a confirmed booking the hostel need a valid credit card with expire date or prepayment.
4. On the agreed date of departure, the rooms shall be vacated and at the Hostel’s free disposal by 12.00 p.m. at the latest.
Thereafter, the Hostel may charge, beyond the damage incurred to it thereby, 50 per cent of the daily room rate for the additional use of the room until 6.00 p.m., and from 6.00 p.m. 100 per cent of the full applicable price for lodging. The Guest is free to prove vis-à-vis the Hostel that no damage or a considerably lower damage has been incurred to the Hostel.
§4 Services, prices, payment, settlement of accounts
1. The Hostel is obliged to have the booked rooms available according to the present General Terms and to fulfil the services agreed.
2. The Hostel is by virtue of important reasons fully entitled to accommodate the Guest in another hotel or guest house with comparable standard and service for the price agreed without recourse.
3. The Guest is obliged to pay the prices applying to or agreed on for the provision of accommodation and additional services he /she has made use of / booked. This also applies to services and expenses of the Hostel vis - à- vis third parties incurred for actions rendered upon the Guest’s request.
4. The prices agreed include the applicable statutory Value Added Tax. In case the period between the conclusion and performance of the Contract exceeds four months, and if the prices usually charged by the Hostel for such services have increased in the meantime, the Hostel may increase the contractually agreed price accordingly, but, by no more than 10 per cent maximum.
5. In case of a tourist tax levy or other tax raises, prices are subjected to change.
6. The prices may also be changed by the Hostel if the Guest subsequently wants to change the number of the booked rooms, the service of the Hostel or the duration of the Guests’ stay and the Hostel gives its consent thereto.
7. Upon receipt, invoices issued by the Hostel shall become payable immediately without deduction. The Guest shall be in default latest upon failure to pay within 10 days after the due date and receipt of an invoice. This shall apply vis-à-vis to a Guest who is a consumer, only if these consequences were specified in the invoice. In the case of default of payment, the Hostel is entitled to charge consumers interests in the amount of 5 per cent above the base rate. For business transactions, the default interest rate is 8 per cent above the base rate. The right for the Hostel to prove a higher damage is reserved. For each reminder sent after default occurs, the Hostel may charge a reminder fee of EUR 5.00.
8. The Hostel is entitled to request, on the conclusion of the Contract or later, a reasonable advance payment or security. The amount of the advance payment and its due date may be agreed in the Contract in writing. Moreover, the Hostel is entitled to call and declare as due claims accruing during the Guest’s stay by issuing an interim invoice and requesting immediate payment.
9. The total amount (less the deposit), as detailed in an itemised bill, is due upon arrival unless otherwise arranged beforehand.
10. The Guest shall be entitled to a set-off or a reduction against a claim of the Hostel with only undisputed or unappeasable legally binding claims.
§ 5. Revocation by the Guest (Cancellation, Failure to take Advantage of Services booked)
1. The Hotel grants the Guest the right to revoke the Contract at any time. In this respect, the following provisions shall apply:
1.1. Individual bookings for up to 10 persons: can be cancelled free of charge until 48 hours prior to the day of arrival. In case of a later cancellation or in case of no show, the Hostel is entitled to reasonable compensation.
The lump sum to be paid in cases of revocation is 100 per cent of the contractually agreed price for the first overnight accommodation.
1.2. Bookings for groups of 11 or more: cancellations made by the guest respectively on the part of the intermediary person or organisation are free of charge up to 60 days before expected arrival. For cancellations made within 60 days prior to arrival, the following cancellation fees apply; these fees also apply for bookings made within 60 days of expected arrival:
a) For cancellations made 59 to 30 days before expected arrival, 30 per cent of the agreed upon total price will be due.
b) For cancellations made 29 to 10 days before expected arrival, 50 per cent of the agreed upon total price will be due.
c) For cancellations made 9 to 1 day(s) before expected arrival, 90 per cent of the agreed upon total price will be due.
d) Guests who either cancel on the day of their expected arrival or simply do not show up will be charged the agreed-upon total price in full.
Above cancellation conditions also apply if the number of persons is reduced at least 10 percent within this period of time. A reduction of less than 10 per cent is free of charge until 7 days prior to arrival.
2. The Guest is free to prove that the Hostel did not suffer any damage, or that the damage incurred to the Hostel amounts to less than the lump-sum revocation compensation claimed.
3. The above provisions on the compensation shall apply if no other regulations have been declared in the contract.
4. If a customer wishes to cancel a contract he or she entered into with the hostel, he or she must submit such cancellation in writing. The cancellation is not, however, valid without the written affirmation of the hostel. Failing that, the original price stipulated in the contract must be paid in full even if the guest(s) fail(s) to take advantage of the services stipulated in the contract.
§ 6 Revocation by the Hostel
1. In case an advance payment or security agreed in §3 para. 6 is not performed within a period prescribed for this purpose, the Hostel is also entitled to revoke the Contract.
2. Moreover, the Hostel shall be entitled to extraordinary revocation of the Contract for good cause, in particular, if:
• force majeure or other circumstances which do not fall under the scope of responsibility of the Hostel make it impossible to perform the Contract;
• misleading or incorrect statements of material facts have been used in booking rooms, for example, with respect to the person of the Guest, or the purpose;
• the Hostel has justified reason to assume that in case the Guest makes use of the Hostel’s services the smooth business operations, safety, or reputation of the Hostel in the public may be impeded, without such matters being attributable to the Hostel’s power of control or organisation;
• the Guest does not pay for due claims of the Hostel or does not provide sufficient security and as a result, payment claims of the Hostel appear to be endangered;
3. The Hostel is obliged to inform the Guest of the exercising of the revocation right in writing without delay.
4. In the above cases of revocation the Guest is not entitled to compensation for damage.
§7 Liability of the Hostel
1. The Hostel shall be liable for the due care of a reasonable and prudent businessman. In areas not related to the provision of typical services, this liability shall however be restricted to inadequate service, damage, consequential damage or faults that are to be attributed to deliberate intent or gross negligence on the part of the Hostel. If faults or defects should occur in connection with the services the Hostel provides, upon gain of knowledge of these or on receipt of a prompt complaint from the customer, the Hostel shall seek to remedy the situation. The customer shall be obliged to do what he or she can, within the limits of what may reasonably be expected of him or her, to rectify the fault and keep any possible damages to a minimum.
2. The Hostel shall be liable to the contractual partner for articles brought to the building in keeping with statutory stipulations (cf. § 703 BGB – Bürgerliches Gesetzbuch / German Civil Code)
Money and articles of value can also be left in the hostel safe, up to the maximum value (EUR 800) in keeping with statutory stipulations for articles brought to the building. The Hostel recommends its customers to avail themselves of this option.
Any liability claims shall lapse if the customer does not give notice to the Hostel promptly on becoming aware of the loss, destruction or damage in question.
§8 Concluding stipulation
1. The place of fulfilment and place of payment shall be the main place of business at the Hostel.
2. All business relations shall be subject to the law of the Federal Republic of Germany.
3. If individual stipulations of these General Terms and Conditions of Business should be or become invalid or null, the effectiveness of the other stipulations shall not be affected thereby. In other respects business relations shall be subject to statutory prescription.