GENERAL TERMS AND CONDITIONS (AGB)

Holger Siefert & Dieter Markert GbR

Babelfish Hostel

1. Scope of Application

   These Terms and Conditions shall apply to all contracts referring to the rental use of rooms or individual beds for the purpose of accommodation as well as any further deliveries and services rendered to the Client by Holger Siefert & Dieter Markert GbR, Haugerring 2, 97070 Würzburg, thereafter referred to as "Hostel".

   Subletting of the let rooms as well as their use for other purposes than accommodation require the prior written approval by the Hostel, whereas § 540, para. 1, page 2 BGB (German Civil Code) shall be void provided that the Client is not consumer. The terms and conditions of the Client shall only apply after explicit prior written approval.

2. Conclusion of Contract, Contracting Partner, Limitation

   The Contract shall come into effect by acceptance of the application of the Client by the Hostel. It remains to the Hostel`s own discretion to confirm the room reservation in writing. Contractual partners are the Hostel and the Client. If any third party made the order on behalf of the Client, this third party shall be liable to the Hostel with the Client as joint and several debtor for all obligations arising from this Accommodation Contract.

   As a matter of principle, any claims against the Hostel shall become time-barred within one year starting from the beginning of the knowledge-dependent regular limitation period under § 199, para. 1 BGB. Claims for damages become time-barred within 5 years independent of any knowledge. The shortenings of limitation periods do not apply to claims based on a deliberate or negligent violation of duty by the Hostel.

3. Services, Rates, Payment, Set-off

   The Hostel shall be obliged to hold ready the beds or rooms booked by the Client and to render the agreed services. The Client shall be obliged to pay, not later than upon arrival, the applicable and agreed, respectively, rates of the Hostel for the letting of rooms and further services used by him. This also applies to services prompted by the Client and expenses by the Hostel towards third parties. The agreed rates shall include the applicable statutory value-added tax.

   Hostel invoices not showing a due date are due and payable in full within 10 days of receipt. The Hostel shall be entitled at any time to fix a due date for accrued claims and to demand immediate payment. In case of delay of payment the Hostel shall be entitled to ask for payment of the statutory interest on arrears applicable in each case amounting at present to 8% above the base lending rate and to 5% in the case of legal transactions in which a consumer is involved. The Hostel shall be reserved the proof of a higher damage.

   Reservations are valid until 6 p.m. of the day of arrival, unless we are informed of a later arrival time. If the arrival does not take place by 6:00 p.m. and if notice is not given of a later arrival, the Hostel is free to allocate the reserved beds or rooms at its discretion. The Hostel shall be entitled to ask instead for an appropriate advance payment or security upon conclusion of contract or thereafter e.g. by a valid credit card. The amount of advance payment and the due dates may be agreed upon in the Contract in writing. In excess of this, the Hostel shall be entitled to ask for an appropriate security deposit for the duration of the stay.

4. Withdrawal by the Client (Cancellation), Non-use of Services

   If not agreed otherwise in individual contracts, in the case of withdrawal by the Client the latter shall pay the Hostel a lump sum compensation (cancellation fee) graded as follows:

   Cancellation up to 2 days prior to arrival: free of charge. Thereafter and in the case of no show, respectively 90% of the pro rata rate.

   The contract value shall be the gross rate for boarding and lodging agreed upon in the Accommodation Contract, however without any additional services which were only arranged by third parties. If advance payments were agreed or made which are exceeding the above cancellation fees they shall be considered as cancellation fee.

   However, the Hostel may claim against the Client for cancellation / damage claims for additional services booked with third parties on behalf of the Client. In the case of partial withdrawals from the contract (e.g.reduced number of persons) the cancellation fee shall become due only for the affected part and scope of the contract. However, the Hostel shall be entitled to apply the currently prevailing standard conditions for the reduced service, provided the Client was granted concessions different therefrom.

   To be on the safe side, when you have to cancel or interrupt your stay e.g. due to serious injury resulting from an accident, unexpected serious illness, unemployment (also within the family) you might be faced with possible financial risks. For this purpose we recommend the products of our partner the Europaeische Travel Insurance. Book here

5. Withdrawal by the Hostel

   If the right of free withdrawal by the Client within a certain period of time was agreed upon in writing, the Hostel on his part shall be entitled within this period of time to withdraw from the contract, if enquiries by other Clients exist for the contractually booked rooms and the Client, upon inquiry by the Hostel, does not waive his right for withdrawal. If an agreed advance payment or an advance payment demanded in compliance with § 3, para. 6 of these Terms and Conditions is not paid also after the elapse of an appropriate period of grace set by the Hostel, the Hostel shall also be entitled to withdraw from the contract.

   The Hostel shall also be entitled to withdraw from the contract for justified by the facts reason, e.g. if force major or other circumstances which are not justifiable by the Hostel make the fulfillment of the contract impossible; in case of a violation of § 1, para 2 of these General Terms and Conditions; if rooms are booked by giving misleading or wrong information of important facts, e.g. about the person and age of the Client or the purpose; if the Hostel has well-founded reason to expect that the utilization of the services rendered by the Hostel may impair the smooth business operation, the security or the image of the Hostel in public, but that this cannot be attributed to the power and organization of the Hostel.

   The justified withdrawal of the Hostel does not entitle the Client to compensation or return of effected payments.

6. Provision of Rooms, Handing over and Return

   The Client does not obtain any entitlement to the provision of particular rooms. Booked rooms shall be available for the Client on the agreed day of arrival from 1 p.m. at the earliest. The Client is not entitled to occupy the room(s) earlier than this. The Client shall be obliged to report immediately any noticed damages in the provided room, otherwise he will be under the obligation of proofing that he did not cause the damage. The rooms must be vacated and made available to the Hostel not later than 11 a.m. on the agreed departure day. After that time on the grounds of the delayed vacation of the rooms the Hostel may charge 50% of the full list price for their use exceeding the contractual time until 6 p.m., after 6 p.m. 100%. The Hostel shall be entitled to charge compensation for damages to the room, its use contrary to the contract and special cleaning because of unusual or wanton pollution.

7. Liability of the Hostel

   The Hostel shall be liable for his obligations under this Contract with the diligence of a prudent businessman. Any damage claims by the Client are excluded under applicable law. Excluded herefrom shall be damages arising from the injury of life and limb or health, provided the Hostel is liable for such breach of duty, other damages based on a deliberate or gross negligent breach of duty by the Hostel and damages based on a deliberate or negligent violation of duties typical for this type of contract by the Hostel. A breach of duty by the Hostel is equal to one of a statutory representative or a vicarious agent. In the case of disruptions or deficiencies in the services provided by the Hostel, the Hostel shall aim at taking remedial action in case of knowledge or immediate notification by the Client. The Client shall be obliged to contribute what can reasonably be expected of him in order to remedy the disruption and to keep a possible damage as low as possible.

   The Client is aware that a specialty of the accommodation facility of the Hostel is among other things the letting of shared rooms, that the clients of a shared room share one key and that because of that persons other than the client himself have access to the room.

   Any items left behind by the Client shall be sent to the customer only upon his request and at his own risk and cost. The Hostel shall store such items for three months, after which period they shall be handed over to the local lost-property office, if they are of discernible value. If the unclaimed items are of no apparent value and the three months is up, the Hostel reserves the right to dispose of the items.

8. Data Protection, Handling of Personal Data

   We have to keep within statutory periods personal data (e.g. name, address, banking details, phone number) as part of our business correspondence for 6 years and invoices for 10 years, respectively. This also applies to e- mails and data base entries. In no event will such data be misused or even passed on to third parties..

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   If you call up a page containing a plugin of this nature from our website, a direct link is established between your browser and Facebook's servers. The content of the plugins is transmitted directly to your browser by Facebook and included by it in the web page. When you access the plugins, Facebook is notified of the fact that you have called up the corresponding page on our website. If you are logged in to Facebook, your visit can be assigned to your Facebook account. If you interact with the plugins, for example by clicking “Like”, or entering a comment, the corresponding information is transmitted from your browser directly to Facebook and stored by it.

   The reason for and scope of the data acquisition and information about the way in which the data is processed and used by Facebook, as well as your rights in this respect and settings options for protecting your privacy can be found in Facebook's privacy policy.

   If you do not wish to have data collected about you by Facebook via our website, you need to log out of Facebook before visiting the site.

9. Protection of Privacy

   When booking a bed in a shared room you share the room and the key with third persons unknown to you. Hostel staff may enter the rooms daily for cleaning and quality inspection.

10. Final Provisions

    Amendments or supplements to the Contract, the acceptance of the application or these Terms of Business for hostel accommodation require the written form. Any amendments or supplements by the Client shall be of no effect. Place of performance and place of payment shall be the registered office of the Hostel. The exclusive place of jurisdiction - also for disputes over cheques and promissory notes - shall be the registered office of the Hostel for commercial transactions. Should one contracting partner fulfill the preconditions of § 38, para. 2 ZPO (German Code of Civil Procedure) and not have a general place of jurisdiction in Germany, the place of jurisdiction shall be the place of the registered office of the Hostel. German law shall apply. The application of the UN Sales Convention and the law of conflicts shall be excluded. Should individual provisions of these General Terms and Conditions become ineffective or be or become void, the effectiveness of the other provisions shall not be affected.