The contractual relationship, or “admission agreement” (i.e. hotel, room, or hostel agreement), between the “Customer” (i.e., guest, renter, event organizer, agent, person reserving the room) and the Alcatraz Backpacker Hostel (hereafter “Hotel”) is based on a room reservation booked by the Customer and accepted by the Hotel. The admission agreement is a “mixed contract” defined in the German Civil Code (BGB).It is not governed by any particular terms, except for liability pertaining to contributed items. The contract encompasses elements of contract for services law, contract for work and labour law, and contract for sales law. In its basic framework, the admission agreement is a lease contract. Like all other contracts in the German Civil Code, admission agreements are to be adhered to by both contracting partners.
II. Scope of Contract
- These terms and conditions apply to contracts pertaining to the rental of hotel rooms for accommodation, as well as any other services and supplies rendered by the Hotel for the Customer.
- The subletting or rental of rooms to third parties as well as their use by others for purposes other than accommodation requires the previous written consent of the Hotel.
- The customer’s own terms and conditions may only apply if they have been previously agreed upon.
III. Contract Closure, Contracting Partner, Contractual Liability, Limitation of Claim
- The contract is concluded when the Customer request is accepted by the Hotel. The Hotel can elect to confirm the room reservation in writing.
- The contracting parties are the Hotel and the Customer. Should a third party have booked a room for a Customer, the third party and the Customer are liable to the Hotel as joint debtors for all obligations contained within the admission agreement, insofar as the Hotel has received an appropriate statement from the third party.
- The Hotel is liable for its contractual obligations. The liability for wrongful intent and gross negligence claims in areas outside the purview of typical services is limited.
- The limitation of claim for all customer claims is six months.
- This restricted liability and short limitation of claim also apply in cases where the contract proposal or contract obligations have been violated.
IV. Services, Prices, Payment, Set-Off
- The Hotel is obliged to reserve the room booked by the customer and to render the agreed-on services.
- The Customer is obliged to pay the valid or agreed upon prices for the room as well as for any other services he or she makes use of. This also applies to services and expenditures that the Hotel must pay to third parties due to conduct of the customer.
- The agreed upon prices include the currently valid value-added tax. Should the period between the closure and performance of contract exceed four months, and should the Hotel’s price or the services agreed upon be raised in general, the Hotel may elevate the agreed upon price appropriately, but no more than 10% beyond the agreed upon price.
- Moreover, the prices can be changed by the Hotel in cases where the Customer requests changes to number of rooms, hotel service, or length of stay subsequent to closure of contract, and the Hotel consents to the changes.
- Hotel bills are to be paid in full within 10 days after receipt. The Hotel has the right to call for the immediate payment of accrued charges at any time. Should payment be delayed, the hotel has the right to add interest at 4% over the currently valid discount rate of the German Federal Bank. The Customer reserves the right to demonstrate lesser damage; the Hotel reserves the right to demonstrate greater damage.
- The Hotel may, during or after the closure of contract, demand an advance payment or appropriate security deposit for package tours in accordance with legal regulations. The amount of the advance payment and the payment schedule may set in writing.
- The Customer may only set-off or reduce a Hotel claim with an undisputed or legally binding claim.
V. Cancellation of Contract by the Customer
- A customer may cancel the contract made with the Hotel only in written form and only with the written consent of the Hotel. If the written consent is not given, the customer is obliged to pay the following cancellation fees:
- Cancellation up to 2 days prior to arrival until 6 p.m.: no cancellation fee.
- Cancellation between 48 - 24 hours prior to arrival: 50% of the total costs of the booking.
- Cancellation later than 24h prior to arrival and no-shows: 100% of the total costs of the booking.
This cancellation policy does not apply for group-bookings of 9 or more persons. For groups of more than 9 persons the following cancellation fees apply:
- Cancellation up to 60 days prior to arrival: free of charge
- Cancellation 59 days – 40 days prior to arrival: 20% of the total amount of the booking.
- Cancellation 39-20 days prior to arrival: 50% of the total amount of the booking.
- Cancellation 19-10 days prior to arrival: 80% of the total amount of the booking.
- Cancellation 9 days prior up to the day of arrival: 90% of the total amount of the booking.
Unaffected by these deadlines are downpayments that may have been made by the customer. Downpayments are not refundable, but will be deducted from cancellation fees that might be due to pay by the customer. Any group of 9 or more persons may cancel beds/rooms up to 10% of the booking sum for free up to the day of arrival.
- So far as a cancellation date has been agreed upon in writing between the Hotel and the Customer, the Customer can cancel the contract before that date without being obliged to meet payment or damage claims asserted by the Hotel. (For specific information on terms of cancellation, please consult the Hotel directly.) The Customer’s right to cancellation expires when he does not exercise his right to do so in writing to the Hotel by the appointed date, provided the Hotel has not delayed or failed to deliver a service stipulated in the admission contract.
- In case rooms have not been used by the Customer, the Hotel is to deduct revenues and saved expenditures from rooms rented otherwise.
- The Hotel can elect to demand a lump-sum compensation from the Customer for the claims accruing to it. The Customer is then obliged to pay 90% of price agreed upon in the contract for accommodations with or without breakfast. The Customer can elect to demonstrate that no damage has arisen or that less damage has arisen than demanded in the lump-sum compensation.
- Guests must notify the Hotel of any claims immediately. Any delayed claims will result in the forfeit of the right to cancellation and reduction.
VI. Cancellation of the Contract by the Hotel
- Provided the Customer’s right to contract cancellation has been agreed upon within an appointed time period in writing, the Hotel also reserves the right to cancel the contract if other customers have requested the booked rooms in the contract and the Customer does not dispense with his right to cancellation when asked by the hotel.
- Should an agreed upon advance payment not be delivered within an appropriate time period set by the Hotel and after notification of refusal to accept performance, the Hotel is likewise authorized to cancel the contract.
- Furthermore, the Hotel has the right to cancel the contract due to a number of exceptional reasons, such as when:
- force majeur or other circumstances beyond the control of the Hotel render performance of contract impossible;
- a room has been booked with misleading or false information about essential facts, such as the identity of the Customer or his purpose;
- the Hotel has reason to think that the use of Hotel services could endanger smooth business operations, the security, or the public reputation of the Hotel, without the management or organization of the Hotel being responsible for this;
- Article II Paragraph 2 has been violated.
- The Hotel must notify the Customer immediately if it plans to exercise its right to cancellation.
- If the Hotel legitimately exercises its right to cancellation, the Customer has no claim to compensation.
VII. Provision, Handing-over, and Return of Room
- The closure of contract obliges both contracting partners to perform the terms stipulated within. The Hotel is obliged to compensate the guest in the amount of the room price in case it fails to provide a room. The Hotel has the right to offer the Customer a reasonable replacement room in another hotel of the same or higher quality. Should the guest refuse this offer, the Customer has no right to compensation beyond the price of the room.
- Unless other terms have been agreed upon, the room fee is due at check-in. When not paid at check-in, the fee must be paid at the latest when the guest checks out. For group bookings, an advance payment is required before check-in. When the room key is transferred to the Customer, a deposit of €20 is due. Lost keys require a €30 replacement fee.
- The Customer shall have no right to a particular room. As far as possible, however, the Alcatraz Backpacker Hostel will take into account Customer wishes.
- Booked rooms are available to the Customer starting at 3:00pm of the arranged day of check-in. The Customer has no right to access the room earlier. On the agreed upon day of check-out Customers must be out of their rooms by 11:00am. If the Customer remains in the room longer than the times stipulated above, the Hotel can charge an extra 50% of the room price. If the Customer remains longer than 6:00pm, the Hotel can charge an extra 100% of the room price. The Customer can elect to demonstrate that no damage or significantly lower damages has arisen for the Hotel.
- Pets and other animals are not allowed.
- The hotel is liable for the care of a prudent businessman. This liability, however, is limited in areas outside the typical purview of service to deficiencies in service, damages, consequential loss, or disturbances that can be attributed to the wilful intent or gross negligence of the Hotel. Should disturbances or deficiencies in Hotel services arise, and the Customer notifies or complains to the Hotel immediately, the Hotel must seek redress. The Customer is obliged to inform the Hotel what can reasonably be done in order to rectify the problem and keep the possible damage to a minimum.
- The Hotel is liable for contributed items vis-à-vis the Customer in accordance with legal provisions, up to 100x of the room price but no more than €3000.00, as well as money and valuables up to €750.00. Money and valuables totalling no more than €500 (insured sum) can be kept in the Hotel’s main safe or the individual room safe. The Hotel recommends that the Customer make use of these possibilities. Liability claims expire when the Customer does not immediately notify the Hotel of loss, destruction, or damage (Article §703 of the German Civil Code “BGB”).
- Legal provisions govern the unlimited liability of the Hotel.
- To the extent that the Customer has been given a parking place in the Hotel garage or on the Hotel parking lot, even in return for a fee, no deposit contract shall thereby come into effect. Should a vehicle or the contents in the vehicle, parked on Hotel property be lost or damaged, the Hotel is not liable, except in cases of wilful intent or gross negligence. This also applies to the vicarious agents of the Hotel.
- The Hotel does not make wake-up calls.
- News, mail, and goods deliveries for the guests will be handled with care. The Hotel will assume the delivery, storage, and, if requested and for a fee, forwarding duties. Liability claims, except in cases of gross negligence or wilful intent, are excluded.
- Anyone (including escorts and event organizers) causing damage to the building or fixtures is liable in accordance with legal provisions. In cases of theft or intentional damage to property, the Hotel will press charges against the Customer. In the case of groups, rooms will be inspected before check-out. Compensation for any damages or lost keys must be paid in cash before check-out. The Alcatraz Backpacker Hostel is only liable for losses or damages on the part of the Customer when the individual who caused the damage acted out of gross negligence. The Alcatraz Backpacker Hostel is not liable for luggage stored in the luggage room, as well as vehicles and bicycles stored on the Hotel grounds.
IX. House Rules
- The house rules of the Hotel are an integral part of the General Rules and Conditions. When house rules are violated, the Alcatraz Backpacker Hostel is allowed to terminate the admission contract without further notice. In such case that services are not used by the affected Customer, cancellation fees in accordance with cancellation rules with apply.
X. Final Provisions
- Changes or additions to the contract, acceptance proposal, or these General Terms and Conditions for the hotel admission shall occur in writing. One-sided changes or additions by the Customer are invalid.
- The place of performance and payment is the domicile of the Hotel.
- The exclusive place of jurisdiction for commercial transactions—including disputes involving checks and bills—is the domicile of the Hotel. As long as a contracting partner meets the conditions of Article §38 Paragraph 1 of German Civil Procedure Law (“ZPO”) and has no general place of jurisdiction in Germany, the place of jurisdiction is the domicile of the Hotel.
- German law shall apply.
- Should individual provisions included in these General Terms and Conditions become ineffective or void, the validity of the other provisions shall remain unaffected. All applicable legal regulations shall apply as well.