General Terms and Conditions for Hotel Accommodation Contracts

Everything had to balance out.

General terms and conditions for the hotel accommodation contract

I. Area of validity

1. These Terms and Conditions apply to contracts for the rental of hotel rooms for lodging purposes as well as all other services and deliveries provided by the hotel for the customer.

2. The subletting or re-letting of the rooms provided as well as their use for purposes other than lodging require the prior written consent of the hotel, whereby § 540 para. 1 sentence 2 BGB is waived insofar as the customer is not a consumer.

3. The Customer’s terms and conditions of business shall only apply if this has been expressly agreed in writing beforehand.

II. Conclusion of contract, contracting party; limitation period

1. The contract is concluded when the hotel accepts the customer’s application. A reservation request responder is not yet a confirmed booking. Only when the request has been confirmed by Flensbed via email, an accommodation contract is concluded.

2. Contracting parties are the hotel and the customer. If a third party has made an order for the customer, the customer is liable to the hotel together with the customer as joint and several debtor for all obligations arising from the hotel accommodation contract, provided the hotel has a corresponding declaration from the third party.

3. All claims against the hotel are generally subject to a limitation period of one year from the beginning of the knowledge-dependent regular limitation period of § 199 para. 1 BGB. Claims for damages shall become statute-barred after five years, irrespective of knowledge. The shortening of the statute of limitations shall not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.

III. Services, prices, payment, offsetting

1. The hotel is obliged to keep the rooms booked by the customer ready and to provide the agreed services. We reserve the right to refuse accommodation to persons.

2. The customer is obligated to pay the hotel’s applicable or agreed prices for the room provision and the additional services used by the customer. This also applies to services and expenses of the hotel to third parties initiated by the customer.

3. Groups of young people under 18 years of age can only be accepted if accompanied by at least one responsible adult. The accompanying adults must stay overnight in the house.

4. The agreed prices include the respective legal value added tax. If the period between conclusion and performance of the contract exceeds four months and if the price generally charged by the hotel for such services increases, the hotel may raise the contractually agreed price appropriately, but by no more than 5%.

5. Furthermore, the hotel may change the prices if the customer subsequently requests changes to the number of rooms booked, the hotel’s services, or the length of guests’ stay, and the hotel agrees to such changes.

6. The prices on the website are the currently valid prices. These prices may be changed at any time. In some cases the prices on the hostel portals differ (extra booking fee – Worldhostel, Hostelclub etc.)

7. The amount for the entire booking must be paid in advance upon arrival in cash or by credit card (plus system fee). The same applies to additional bookings during the stay.

8. Hotel invoices without a due date are payable within 10 days of receipt of the invoice without deduction. The hotel is entitled to make accrued claims due at any time and to demand immediate payment. In the event of late payment, the hotel is entitled to charge the respectively applicable statutory interest on arrears at the current rate of 8% or, in the case of legal transactions involving a consumer, at 5% above the base interest rate. The hotel reserves the right to prove higher damages.

9. The hostel is entitled to request an advance payment of 50% or the total price of the booking. For group tours, an advance payment is always due.

10. The customer can only offset or reduce a claim of the hotel with an undisputed or legally valid claim.

IV. Withdrawal by the customer (i.e. cancellation) / non-utilisation of the hotel’s services

1. Any withdrawal by the customer from the contract concluded with the hotel requires the hotel’s written consent. If such consent is not given, the agreed price under the contract is payable even if the customer does not make use of contractual services. This shall not apply in the event of a breach of the hotel’s obligation to consider the customer’s rights, legal assets and interests if the customer can no longer be reasonably expected to adhere to the contract as a result or if the customer is entitled to any other statutory or contractual right of rescission.
If the customer has booked with a booking portal, he/she must notify the cancellation directly there in writing.

2. If the customer wants to cancel a booking, the following rules apply: 1. up to 3 days before arrival free of charge 2. less than 3 days before arrival or no-show: 80% of the total booking is due 3. early departure: 80% of the total booking is due.
The customer’s right to withdraw from the contract expires if he/she does not exercise his/her right to withdraw in writing to the hostel by the agreed date.
Separate cancellation conditions apply to group reservations. In the case of group reservations, a cancellation fee of 50% of the total booking amount will be charged for cancellations made up to 6 weeks before the arrival date. For cancellations later than 6 weeks before arrival, on the day of arrival, no-show or early departure, 80% of the total booking amount is due.

V. Cancellation by the hotel

1. Insofar as the customer’s right to withdraw from the contract free of charge within a certain period of time has been agreed in writing, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers regarding the contractually booked rooms and the customer does not waive his right of withdrawal upon inquiry by the hotel.

2. If the amount for the entire booking is not paid according to clause III No. 6, the hostel is entitled to withdraw from the contract.

3. If an agreed advance payment or an advance payment requested in accordance with clause III No. 8 above is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.

4. Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, for example if
– force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the contract;
– rooms are booked under misleading or false statements of material facts, e.g. in the person of the customer or the purpose;
– the hotel has reasonable cause to believe that the use of the hotel’s services may jeopardize the smooth business operations, safety or public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organization.
– there is a violation of clause I No. 2 above.

5. The hotel is also entitled to withdraw from the contract in the event of the guest’s non-appearance.

6. The house rules are part of the GTC. In case of violation of the house rules, the hotel is entitled to terminate the accommodation contract without notice.

7. In the event of justified withdrawal by the hotel, the customer shall have no claim to damages.

VI. Room provision, handover and return

1. The customer does not acquire the right to the provision of specific rooms. The hotel decides on the allocation of rooms based on availability. Deviations from the type of room booked do not entitle the customer to claim damages.

2. Booked rooms are available to the customer from 16.00 hours on the agreed day of arrival. The customer has no claim to earlier availability.

3. On the agreed departure day, the rooms must be vacated and made available to the hotel by 10.30 a.m. at the latest. After this time, the Hotel may charge 50% of the full accommodation price (list price) for use of the room in excess of the contractual period due to the delayed vacating of the room. Contractual claims of the customer shall not be justified by this. The customer is free to prove that the hotel has no or a significantly lower claim to a usage fee.

VII. Agreement on the use of Internet access

1. The owner maintains an internet access via WLAN in his hostel. The shared use is a service provided by the Owner and can be revoked at any time. The guest does not have the right to allow third parties to use the WLAN. The Owner does not guarantee the actual availability, suitability or reliability of the Internet access for any purpose. He is entitled at any time to completely, partially or temporarily suspend the operation of the WLAN and to limit or exclude the guest’s access completely, partially or temporarily. In particular, the owner reserves the right to block access to certain pages or services at his own discretion and at any time. The co-user alone is responsible for creating all technical and organizational prerequisites for using the WLAN.

2. The access data are only intended for the personal use of the guest and may under no circumstances be passed on to third parties. The guest undertakes to keep his access data secret. The owner has the right to change access codes at any time.

3. The guest is advised that the WLAN only allows access to the Internet. Virus protection and firewalls are not available. The Owner expressly points out that there is a risk that malicious software could get onto the end device when using the WLAN. The use of the WLAN is at the guest’s own risk and at his own risk. The proprietor shall not be liable for any damage to the guest’s terminal device resulting from the use of the Internet access, unless the damage was caused by the proprietor intentionally or through gross negligence.

4. The guest is solely responsible for the data transmitted via the WLAN, the chargeable services used via it and any legal transactions carried out. If the guest visits chargeable internet pages or enters into liabilities, the resulting costs are to be borne by the guest.

5. The guest is obliged to comply with the applicable law when using the WLAN. The guest indemnifies the owner from all damages and claims of third parties, which are based on an illegal use of the WLAN by the guest and/or on a violation of these agreements, this also extends to costs and expenses in connection with the use or its defense. If the guest recognizes or must recognize that such a violation of rights and/or such a violation exists or threatens to exist, the guest shall inform the owner of this circumstance.

VIII. Liability

1. Notification of damage or loss must be made immediately. Flensbed’s liability is limited to the statutory provisions. The hotel is not responsible for the guest’s valuables, jewellery or cash. We recommend taking out appropriate travel insurance to protect against possible damage or loss.

2. If a parking space is made available to the customer in a hotel car park, even for a fee, this does not constitute a safekeeping contract. The hotel shall not be liable for loss of or damage to motor vehicles parked or manoeuvred on the hotel property and their contents, except in the case of intent or gross negligence. The above No. 1 sentences 2 to 4 apply accordingly.

3. Flensbed shall be liable for damages to rooms, the building or inventory caused by negligence or wilful misconduct. Lost keys will be charged with 50 € and have to be paid in cash or by credit card on departure.

IX. Final provisions

1. Amendments or supplements to the contract, the acceptance of applications or these terms and conditions for hotel accommodation should be made in writing. Unilateral amendments or additions by the customer are invalid.

2. Printing and calculation errors on this website are reserved.

3. Flensbed is operated by BMP Betriebs GmbH, Bahnhofstr. 28, 24937 Flensburg. Place of performance and jurisdiction is Flensburg.

4. German law applies. The application of the UN sales law and the conflict of laws is excluded.

X. Severability Clause

Should individual provisions of these General Terms and Conditions of Business be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the rest of the contract shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effect comes as close as possible to the economic objective which the contracting parties pursued with the invalid or unenforceable provision. The above provisions shall apply accordingly in the event that the contract proves to be incomplete.