General Terms and Conditions of Business of MEININGER Hotels Last revised 01 July 2015

Transcription

1 General Terms and Conditions of Business of MEININGER Hotels Last revised 01 July 2015 I. Scope 1. These General Terms and Conditions of Business apply to contracts for the rental of hotel rooms for accommodation purposes and all other services and supplies performed for the Customer by MEININGER Hotels in this context (hereinafter referred to as: Contract). The term Contract covers and replaces the following terms: hotel accommodation, accommodation, guest, hotel and hotel room contract. The term Customer applies equally to guest, purchaser, tenant, promoter, mediator etc. The Terms and Conditions of Business apply to services and supplies of MEININGER Hotels (hereinafter referred to as: Hotel) trading under the following names: Headquarters: MEININGER Shared Services GmbH Hotel Amsterdam City West: Meininger Amsterdam B.V. Orlyplein 1-67, 1043 DR Amsterdam, Netherlands Hotel Berlin Airport: MEININGER Airport Hotels BBI GmbH Hotel Berlin Hauptbahnhof: MEININGER Berlin Hauptbahnhof GmbH Hotel Berlin Mitte Humboldthaus : Meininger Oranienburger Straße GmbH Hotel Berlin Alexanderplatz: MEININGER 10 City Hostel Berlin Mitte GmbH Hotel Brüssel City Center: Meininger Brussels GmbH Quai du Hainaut 33, 1080 Brussels, Belgium Hotel Frankfurt/Main Airport: Meininger Airport Frankfurt GmbH Hotel Frankfurt/Main Messe:

2 2 MEININGER 10 Frankfurt GmbH Hotel Hamburg City Center: MEININGER 10 Hamburg GmbH Hotel Köln City Center: MEININGER 10 City Hostel Köln GmbH Hotel London Hyde Park: MEININGER Limited Baden Powell House, Queen s Gate, SW7 5JS London, Great Britain Hotel München City Center: MEININGER 10 Hostel & Reisevermittlungs GmbH Hotel Salzburg City Center: MEININGER Hotelerrichtungs GmbH Fürbergstraße 18-20, 5020 Salzburg, Austria Hotel Wien Hauptbahnhof: MEININGER Hostels & Hotels GmbH Columbusgasse 16, 1100 Wien, Austria Hotel Wien Downtown Franz: MEININGER Wien GmbH Rembrandtstraße 21, 1020 Wien, Austria Hotel Wien Downtown Sissi: MEININGER Wien Schiffamtsgasse GmbH Schiffamtsgasse 15, 1020 Wien, Austria 2. The Customer s general terms and conditions of business will only apply if expressly agreed beforehand. II. Conclusion of Contract 1. The Contract shall come about when the Hotel accepts the Customer s request. Acceptance is signalled via a booking confirmation from the Hotel. The Hotel may confirm the booking in writing. Where a booking is made through the Hotel s website ( and payment or authorisation of the means of payment fails, no booking will be made and thus no Contract will come about. 2. The parties to the Contract are the Hotel and the Customer. If the booking is not made by the Customer him or herself, but instead by a third party, the third party and the Customer shall be liable as joint debtors vis-à-vis the Hotel for all obligations arising under the

3 3 Contract. That notwithstanding, the third party undertakes to pass to the Customer all information relevant to the booking, in particular these General Terms and Conditions of Business. 3. Re-letting and subletting the rooms provided as well as using them for any purposes other than accommodation requires the prior written consent of the Hotel. 4. Bookings may only be made by persons with full legal capacity. 5. If a Customer makes multiple bookings for individual travellers of up to eleven persons for the same period, whereby group reservations for groups of twelve persons and above can also be made, the Hotel reserves the right to aggregate the bookings into a group booking and proceed in line with the provisions that apply thereto. 6. The applicable house rules shall also form part of the Contract. The house rules may be downloaded from the MEININGER Hotels website ( or obtained at the Hotel. III. Services, Prices, Payment 1. The Hotel undertakes to hold the rooms booked by the Customer ready and to provide the agreed services. 2. The Hotel is entitled to accommodate the Customer in a different hotel of an equivalent standard and level of service at the booked price without giving rise to any recourse claims against the Hotel if there is good cause for doing so, in particular where accommodation in the reserved Hotel is not possible. 3. The Customer agrees to pay the agreed or applicable prices of the Hotel for the rent of the room and any additional services booked or utilised. This also applies to any services ordered by the Customer directly or via the Hotel that are performed by third parties and outsourced by the Hotel. 4. The Hotel will not accept any 500 notes for payment of the price, nor, with the exception of London, payment by cheque. 5. The agreed prices include any taxes and local levies applicable at the point at which the contract was concluded. They do not include any local levies that are payable directly by the Customer under the applicable municipal laws (e.g. spa tax). In the event of a change to statutory VAT or the introduction, change or repeal of local levies on the services following the conclusion of the Contract, the prices will be adjusted accordingly. Where the Contract is made with a consumer, this will only apply if the period between conclusion of the Contract and performance of the Contract exceeds four months. 6. The Hotel may make its consent to a retrospective amendment requested by the Customer to the number or category of the rooms or beds booked or the services of the Hotel or the duration of the stay contingent on an increase in the price of the rental of the room and/or the other services of the Hotel. 7. On conclusion of the Contract the Hotel is entitled to request an adequate advance payment or security deposit, for example in the form of a credit card guarantee. The amount of the advance payment and the payment deadlines may be agreed in writing in the Contract. 8. In justified cases, e.g. payment default by the Customer or extension of the scope of the Contract, the Hotel is entitled to request an advance payment or deposit as set out at part 7. above or to increase the contractually agreed advance payment or security deposit to the full amount of the agreed payment, even after the conclusion of the Contract. 9. Unless otherwise agreed, the total price less any advance payments already made is due for payment on presentation of a detailed invoice on arrival prior to provision of the room and/or other services of the Hotel.

4 4 10. At the commencement of and during the stay, the Hotel is further entitled to request from the Customer an adequate advance payment or security deposit as set out at part 7. above for existing or future claims arising under the Contract unless such was already paid under part 7. and/or part 8. above. 11. Unless otherwise agreed, for groups of twelve persons or more a payment of 10 percent of the total booking price shall be due immediately on confirmation of the booking. Unless otherwise agreed, the remaining amount will be due no later than four weeks prior to arrival without the Hotel issuing a separate payment reminder. In the case of group bookings booked less than eight weeks prior to arrival, the first advance payment of 10 percent shall not apply and the total booking price will be due in full in advance immediately on confirmation of the booking. 12. Payment on invoice is only permissible with the Hotel s express consent, to which there is no entitlement, and subject to the presentation of a cost transfer declaration. Cost transfers are only accepted from companies or institutions headquartered in the European Union. If the booking is not made by a public authority or state institution, the Hotel requires a deposit in the form of a credit card guarantee. Cost transfers apply exclusively to accommodation costs unless express confirmation is received that the costs of other, explicitly listed services will also be transferred. Only fully completed forms of the Hotel or cost transfer declarations on company letterhead will be accepted that contain at least the booking number, the guest name(s), the arrival and departure date, the number of persons and rooms, the total price, a company or public authority/institutional stamp and a signature of an authorised signatory. The Hotel reserves the right to reject cost transfer declarations in individual cases. The invoice will be sent to the company/institution after the Customer s stay. 13. Special confirmations for visa applications will only be issued following advance payment of the total price of the booking. A fee of or will be due for this service, payable along with the advance payment. If the booking is cancelled or the visa application rejected, this fee will not be refunded. 14. Special offers and discounts cannot be combined. The cheapest offer shall apply in each case. The Hotel reserves the right to request corresponding evidence from the Customer on arrival. 15. The Hotel s invoices are payable directly on receipt by the Customer without deductions. The Customer shall be in default if it fails to pay the invoice by no later than 14 days after receipt of an invoice. In the event of payment default, the Hotel is entitled to demand default interest at the applicable statutory rate. For legal transactions in which a consumer is involved, the statutory default interest is five percent above the base rate, and for all other transactions, nine points above the base rate. The Hotel reserves the right to provide evidence of higher loss. The Hotel may further demand a reminder fee of 5.00 or 5.00 for each reminder after the commencement of the event of default. 16. Any bank charges and currency differences arising on payment of the price shall be borne by the Customer. In the case of charge-backs, the Hotel shall invoice the Customer for the costs arising. 17. Refunds are usually made using the original means of payment. In exceptional cases a spot refund in cash or a refund by bank transfer to the Customer s account is possible. If the Hotel is not responsible for the refund, the provisions of part 16. above shall apply. 18. The Customer may only set-off or reduce any claims against the Hotel, or exercise a right of retention, for undisputed or legally established claims.

5 5 IV. Withdrawal by The Customer (Cancellation) / Non-Utilisation of The Reserved Services (No Show) 1. The Hotel shall grant the Customer a right of withdrawal in accordance with the following provisions: 1.1. Room reservations of individual travellers up to eleven persons: a) Unless otherwise agreed, free cancellations are possible up to 6.00 p.m. (local time of the Hotel) on the day of arrival. b) If a booking made with the status guaranteed booking (hereinafter referred to as: Guaranteed Booking) is cancelled on the day of arrival after 6.00 p.m., or if the service is not utilised, a cancellation charge of 90 percent of the contractually agreed lodging price of the first night will be levied. c) In derogation from the above provisions, bookings labelled non-refundable cannot be cancelled free-of-charge. This applies in particular, but not exclusively, to reduced fixed prices. No refund may be made in the event of a cancellation. The deduction of saved expenditure is already included in the reduced price Room bookings for groups of twelve persons and above: The deadline for free cancellations is 60 days before the day of arrival for group bookings on the basis of multi-bed rooms. For groups on the basis of single and double rooms, the deadline for free cancellations is 45 days before the day of arrival. These deadlines also apply if the Contract is concluded within the respective deadline. On cancellation after these deadlines, cancellation charges are payable on the following terms: a) From 59 days (group booking on the basis of multi-bed rooms) or 44 days (group booking on the basis of single and double rooms) to 30 days prior to arrival, 30 percent of the agreed booking price is payable. b) 29 to 10 days prior to arrival: 50 percent of the total agreed booking price is payable. c) 9 to 1 day(s) prior to arrival: 80 percent of the total agreed booking price is payable. d) In the event of a cancellation on the day of arrival or non-utilisation of the service, 90 percent of the total agreed booking price is payable. e) If the number of persons falls by more than ten percent within these deadlines, the above cancellation charges for the cancelled persons will apply accordingly. Up to ten percent of the number of persons may be cancelled free of charge up to one day prior to arrival Booked catering services may be cancelled free of charge up to eight days prior to arrival. Thereafter, a cancellation fee of 100 percent of the agreed price will be payable. 2. The Customer is entitled to provide evidence that the foregoing fixed compensation claims did not accrue to the Hotel, or did not do so at the requested amount. 3. The foregoing provisions regarding the cancellation deadlines and charges apply subject to any other contractual provisions. 4. The Customer must exercise its right of withdrawal in writing. 5. The Customer s right of withdrawal shall lapse if the Customer does not exercise it within the deadlines set out at part 1. above. 6. If the agreed right of withdrawal has lapsed and there is further no statutory right of withdrawal or termination, and the Hotel does not agree to a rescission of the Contract, the Hotel shall be entitled to the agreed remuneration despite non-utilisation of the service. The Hotel must set-off any income from re-letting to others as well as expenses saved. If the rooms are not re-let, the Hotel may estimate a deduction for saved expenses. In this case the Customer is obliged to pay at least 90% of the contractually agreed price for accommodation with or without breakfast as well as fixed-fee arrangements with third-party services. The Customer is entitled to provide evidence that the foregoing claim did not accrue, or did not do so at the requested amount.

6 6 V. Withdrawal by The Hotel 1. If it was agreed that the Customer may withdraw from the Contract free of charge within a specific period, the Hotel for its part is entitled to withdraw from the Contract during this period if other customers have inquired about the contractually booked rooms and the Customer does not waive its right to withdraw when asked by the Hotel within a reasonable deadline. 2. If an advance payment or deposit agreed or requested under clause III paras. 7, 8 and 11 is not paid even after the expiry of a reasonable grace period set by the Hotel, the Hotel is entitled to withdraw from the Contract. 3. Further, the Hotel is entitled to withdraw extraordinarily from the Contract on objectively justifiable grounds, in particular if - force majeure or other circumstances that are not the fault of the Hotel render performance of the Contract impossible; - rooms are booked under misleading or false information or with concealment of material facts; material facts may refer to the identity of the Customer, the ability to pay or the purpose of the stay; - the Hotel has reasonable grounds to believe that the utilisation of the Hotel service may jeopardise the smooth operation, safety or reputation of the Hotel in public where such is not within the domain or organisational scope of the Hotel; - the purpose of or reason for the stay is unlawful; - there is a breach of clause II para. 3 or 4, clause VI para. 4 or 8 to 10; - the Hotel acquires knowledge of circumstances that indicate that the Customer s financial position has deteriorated substantially since conclusion of the Contract, in particular if the Customer does not pay claims due to the Hotel or does not offer an adequate deposit and as a consequence the Hotel s payment claims appear to be in jeopardy; - the Customer has filed an application for insolvency proceedings to be opened over its assets, has submitted an affidavit pursuant to section 802 c (3) German Code of Civil Proceedings (Zivilprozessordnung), has initiated an out-of-court settlement for managing its debts or has ceased to make payments; - insolvency proceedings are initiated over the Customer s assets or their initiation is rejected on the grounds of insufficient assets or for other reasons. 4. The justified withdrawal of the Hotel does not give rise to any claim for compensation for the Customer. VI. Arrival And Departure, Further Provisions Relating to The Hotels Stay 1. The Customer shall not acquire any claim to the provision of specific rooms unless the Hotel has confirmed the provision of specific rooms in writing. 2. In the case of group bookings of twelve persons and above with accommodation in multi-bed rooms, the Hotel shall specify the allocation of the rooms. 3. Booked rooms will be available to the Customer from 3.00 p.m. on the agreed day of arrival. The Customer has no entitlement to rooms being provided at an earlier time. 4. Booked rooms must be taken by the Customer by no later than 6.00 p.m. on the agreed arrival day unless there is a guaranteed booking as set down at clause IV. 1.1 b) or c) that was confirmed by an advance payment or by specifying a credit card. In the event of non-guaranteed bookings, the Hotel has the right to re-assign the rooms after 6.00 p.m. without any claims for compensation accruing to the Customer. 5. On the agreed day of departure the rooms in the Hotel must be cleared and made available by no later than a.m. Thereafter the Hotel may charge for the damage accrued from the use of the room going beyond the contractual term at 100 percent of the full applicable lodging price (the applicable online price at This shall not give rise to any contractual claims on the part of the Customer. The Customer is entitled to provide evidence to the Hotel that the latter has no or a substantially lower

7 7 claim to a user charge. If a late departure has been booked in advance, the departure time will be extended to no later than 2.00 p.m. 6. For groups of twelve persons and above, the Hotel shall be provided with a list of all participants with their full name and date of birth by no later than on arrival. 7. If the total number of the persons arriving exceeds the contractually agreed number of persons, the additional persons shall have no right to accommodation. 8. Persons under 18 are not permitted to sleep in dormitories. Minors may only stay in private rooms if accompanied by a parent or at least a person over 18 authorised by their legal guardian or with a written declaration of consent and a copy of the ID card/passport of a legal guardian. The latter will only be accepted for minors aged 16 and above. These provisions do not apply to group travellers accompanied by a person over 18 authorised by the legal guardians. The Hotel reserves the right to refuse to accommodate minors in individual cases. 9. Accommodation in the dormitory is limited to a maximum of 14 nights within a four-week period. 10. Pets or large noise-producing medical devices (e.g. respirators/oxygen apparatus) are only permitted in private rooms. The Hotel may refuse to take animals in individual cases. The Hotel must always be given advance notice of animals. The Hotel will charge per animal per night. No animals are permitted in London. 11. When booking breakfast, breakfast is served following each overnight stay. When booking half or full board, dinner on the evening of arrival is served as the first meal unless otherwise agreed. Mealtimes will be agreed with the Hotel no later than on arrival of the Customer or the group. VII. Liability And Limitation 1. The Customer shall be liable for any damage to Hotel property or severe soiling caused due to wilful misconduct or gross negligence. If the guilty person within a group cannot be identified, the entire group shall be liable. The Hotel reserves the right to demand a deposit of up to or per booking on arrival or during the stay that will be refunded on departure provided no damage or severe soiling caused by the Customer or group is established by that point. Any damage or costs for cleaning severe soiling that go beyond the amount of the deposit must be settled directly at the Hotel or will be invoiced retrospectively if for instance the Hotel is invoiced for the costs of a deployment of the fire service or other third-party emergency services. The latter also applies to damage and severe soiling that are only determined following departure of the Customer or group. 2. Smoking is strictly prohibited in all areas of the Hotel. In the event of a breach, the Hotel will levy a charge of or The same applies to the interference with smoke alarms or the unauthorised opening of emergency exits. The Hotel reserves the right to assert a higher claim if, for example, the Hotel is billed for a deployment of the fire service or a fire caused by unauthorised smoking has caused damage to Hotel property. 3. If the services of the Hotel are interrupted or defective, the Hotel will seek to redress the situation immediately on notification by the Customer. If the Customer is at fault for failing to notify the Hotel of a defect, no claim for a reduction of the contractually agreed remuneration shall apply. 4. The Hotel will be liable for loss for which it is at fault resulting in death, personal injury or impairment of health. It shall further be liable for other loss resulting from a wilful or grossly negligent breach of duty by the Hotel or a wilful or grossly negligent breach of the Hotel s duties that are typical under the Contract. A breach of duty by the Hotel is equivalent to a breach by its statutory representative or vicarious agents. All other claims for compensation shall be excluded unless otherwise regulated hereinafter.

8 8 5. The Hotel shall be liable to the Customer for items brought into the Hotel pursuant to the statutory provisions. If the Customer wishes to bring money, securities and valuables with a value of more than 800 or other items with a value of more than 3,500, this requires a special safekeeping agreement with the Hotel. 6. If the Customer is provided with the use of a parking space in the Hotel garage or on a Hotel car park, including where this is done for a fee, this shall not give rise to a safekeeping agreement. The Hotel has no duty of surveillance. The Hotel shall only accept liability for loss or damage to vehicles parked or manoeuvred on Hotel premises and their contents subject to the provisions of part 4. above. In this case the loss must be asserted against the Hotel no later than departure from the Hotel premises. 8. The Hotel performs wake-up calls with great care. No claims for compensation may be brought except in the case of gross negligence or wilful misconduct. 9. Messages, post and goods shipments for the Customer are handled with great care. The Hotel will handle receipt, safekeeping and if required sending on for a fee of such as well as for lost property on request. The delivery address of the Hotel may differ from the Hotel or company address. No claims for compensation may be brought except in the case of gross negligence or wilful misconduct. The Hotel is entitled to pass the above items to the local lost property office after a storage period of no more than one month subject to a reasonable fee being charged. 10. Any compensation claims of the Customer shall lapse no later than two years after the point at which the Customer acquired knowledge of the loss, or, without taking such knowledge into account, no later than three years after the point of the event of loss. This does not apply to the Hotel s liability for losses arising from death, personal injury or harm to health and for other losses that are due to a wilful and grossly negligent breach of duty by the Hotel, its statutory representatives or vicarious agents. 11. Limitation of liability: physical exercise, jumping on as well as improper use of two- and three-tier bunk beds and the galleries is strictly prohibited. The Hotel shall assume no liability for damage or injury resulting from falling out of a two- or three-tier bunk bed or from the stairs of the galleries or from the galleries themselves. VIII. Closing Provisions 1. Any amendments or addenda to the Contract, the application acceptance or these General Terms and Conditions of Business must be made in writing. Any unilateral amendments or addenda by the Customer shall be void. 2. The place of performance and payment is the location of the Hotel. 3. The place of performance including for disputes relating to cheques and bills of exchange is the registered office of the Hotel or alternatively of the Berlin Hotel for transactions between commercial parties. If a party to the Contract does not have a place of general jurisdiction in Germany, the Hotel s registered office under company law shall be deemed the place of jurisdiction. However, the Hotel is entitled to bring claims and other judicial proceedings at the general place of jurisdiction of the Customer. 4. Depending on the location of the Hotel, the law of the Federal Republic of Germany, the law of the Republic of Austria or the law of the United Kingdom of Great Britain and Northern Ireland shall apply. UN sales law and provisions on conflict of laws shall not apply. 5. If individual provisions of these General Terms and Conditions of Business for hotel accommodation should be or become void or unenforceable, this shall have no bearing on the validity of the remaining provisions. The statutory provisions shall apply in all other respects.