Condiciones generales de contratación del acama Hotel+Hostel Berlin
General Terms and Conditions (GTC) for following companies:
– acama Kreuzberg Hotel + Hostel GbR – Tempelhofer Ufer 8/9, 10963 Berlin – Germany
– acama Service & Marketing GmbH – Tempelhofer Ufer 8/9, 10963 Berlin – Germany
as at: 01/05/2018
1. Area of application:
a) These Terms and Conditions apply to all contracts governing the rental of hotel and hostel rooms, as well as to any further services and deliveries made to or on behalf of customers by the named companies above.
b) Any subletting of the rooms rented and any use other than for accommodation purposes require the prior written consent of the relevant company.
c) Any terms and conditions on the part of the customer will only apply, if these were agreed in writing, in advance.
2. Conclusion of contract, partner’s liability, statute of limitations:
a) This contract is created once the acama Service & Marketing GmbH or acama Kreuzberg Hotel + Hostel GbR in question accepts the customer’s request. Both companies have the right to confirm the room booking in writing.
b) The contractual partner is respectively the named company in question and the customer. If a third party made the booking on behalf of the customer, he is jointly and severally liable – together with the customer – vis-à-vis the company for all obligations ensuing from the accommodation contract, insofar as the company is in possession of a statement to that effect made by the third party.
c) The named company is liable for all of its obligations ensuing from the contract. In the case of atypical services, liability is limited to the intent and gross negligence of the company.
d) The period of limitation for all customer claims is 6 months.
e) This limitation of liability and short period of limitation will apply to the company, even in the event that it violates its obligations in respect of pre-contractual costs and positive contractual violation.
3. Services, prices, payment, settlement:
a) Both companies are obligated to keep ready the room reserved by the customer and to perform the agreed services.
b) Customers are obligated to pay the named company the applicable and/or agreed price in respect of the room rental and any further services of which they availed themselves. The same applies to any named companies services or equipment to which the customer gives a third party access.
c) The agreed prices include the applicable statutory VAT. If the VAT increases, both companies can adjust the contractually agreed price to the increase. The same applies to the introduction or increase of taxes and charges directly related to the overnight stay.
As of 01.01.2014, the city of Berlin charges a city tax of 5% on accommodation. Guests travelling for business reason as well as school groups travelling for educational reasons are exempt from this tax.
A written proof is needed otherwise the tax will be charged.
d) Furthermore, the prices can be changed by both companies, if the customer subsequently wishes to change the number of rooms reserved, the services performed by the company or the duration of the guests’ stay and if the company agrees to this.
e) Any bills issued by both companies without a due date must be paid in full within 14 days of the date on which the bill was issued. The named company is entitled to declare any accrued claims due at any time and to demand immediate payment. If there is any default on payment, the named company is entitled to apply the applicable statutory default interest. The customer must prove fewer damages, while the named company must prove greater damages.
f) Both companies are entitled to demand a proportionate advance payment or security payment on conclusion of the contract or thereafter, with due observance of the statutory provisions on package trips. The amount of the advance payment and the payment terms can be agreed in writing in the contract.
g) The customer can only offset or deduct undisputed or legally invalid claims from any claims made by both companies.
h) Payment on account for individual guests and private groups is only possible with the permission of the named company and on presentation of a statement of transfer of costs.
i) Any potential banking charges and costs in respect of returned direct debits are for the account of the customer.
4. Rescission by customer (cancellation, et al) non-use of the reserved services of the respectively named company (no show, et al):
4.1 Individual travellers (fewer than 12 persons) and service partner acama Kreuzberg Hotel + Hostel GbR:
– Unless otherwise agreed, the reservation can be cancelled free of charge until 18:00 on the day prior to arrival.
– In the event of a no-show for a guaranteed booking or in the event of cancellation after 18:00 on the day prior to arrival, we will charge 90% of the contractually agreed price for the first overnight stay.
4.2 Groups and service partner acama Service & Marketing GmbH (from 1 person):
– Unless otherwise agreed, the reservation can be cancelled free of charge up until 8 weeks prior to arrival. After that the following cancellation fees will be charged:
– up until 4 weeks prior to arrival 30% of the total cost of the booking
– up until 1 week prior to arrival 50% of the total cost of the booking
– from 6 days to 1 day prior to arrival 80% of the total cost of the booking
– on the arrival date 90% of the total cost of the booking
– If the actual number of guests is over 10 % (rounded off) less than the agreed number of guests, then the cancellation fees listed under point 4.2 apply to the remaining bed places.
a) In the case of reservations made via third parties (e.g. travel agents), the cancellation provisions published by said agent will apply.
b) Any rescission of a contract that the customer concluded with the named company must be made in writing, and it requires the written consent. If this does not happen, the price agreed in the contract must be paid, even if the customer does not avail himself of the contractual services.
c) If the customer and the named company agreed on a contractual rescission term in writing, the customer can withdraw from the contract within said term, without incurring any payment claims or claims for damages from the company. The customer’s right of rescission will expire, if he does not exercise his right of rescission vis-à-vis the hotel in writing within the agreed term, except in case of non-performance on the part of the company or an impediment to performance attributable to the company.
d) The customer is free to prove that no damages ensued or that the damages arising for the named company as less than the requisite flat rate.
e) The foregoing provisions on cancellation terms and fees apply accordingly, unless special provisions were agreed on conclusion of the contract (e. g. for flat-rate packages, reservations for special occasions, on public holidays, trade fairs, etc.).
5. Cancellation by the hotel:
a) If an agreed advance payment or an advance payment required in accordance with Point 3 (f) of these General Terms and Conditions has not been made, even after an appropriate grace period set by both companies, acama Service & Marketing GmbH and acama Kreuzberg Hotel + Hostel GbR are entitled to withdraw from the contract.
b) Furthermore, the named company is entitled to extraordinarily cancel the contract for factually justifiable reasons, e.g. if force majeure or other circumstances not attributable to the companies make it impossible to fulfil the contract, if rooms were reserved following misleading or false statements of material facts, e.g. in the name of the customer or in terms of purpose, if the named company has justifiable cause to believe that the use of hotel services may jeopardise smooth business operations, the companies safety or reputation among the public, without this being attributable to the companies sphere of responsibility or service branch.
c) The named company must inform the customers immediately in writing, if it intends to exercise its right of rescission.
d) No claim for damages on the part of the customer ensues from the above-mentioned cases of rescission.
e) Both companies reserves the right to book the customer into another hotel in the same city, with due observance of the standard of the room that was reserved, and to inform the customer of this. In this case the customer has the right to withdraw from the contract free of charge.
6. Room availability, transfer and return, other provisions governing hotel stay:
a) The customer does not have any right to be provided with a specific room.
b) In the case of group bookings with partner “acama Service & Marketing GmbH” being accommodated in rooms with more than one bed, the hotel will determine the breakdown in which guests will be accommodated, unless the company confirmed in writing that specific rooms would be provided.
c) Any reserved rooms will be available to customers as from 15:00 on the agreed arrival date. The customer does not have any right of access before this time.
d) Customers must avail themselves of reserved rooms by 18:00 on the agreed arrival date at the latest. If a reservation has not been guaranteed by way of an advance payment or security payment, the named company has the right to reallocate reserved rooms after 18:00, and the customer will not be able to derive any claim for compensation from this.
e) On the date of departure, the rooms must be vacated and made available to the hotel
– by 11:00 at the latest, in the case of individual guests (booking via acama Kreuzberg Hotel + Hostel GbR)
– by 10:30 at the latest, in the case of groups (booking via acama Service & Marketing GmbH)
After that time, the named company can charge 50% of the full, listed price for damages in respect of the additional use of the room up until 18:00 and 100% of the full, listed price as from 18:00.
f) In case of a reservation via acama Service & Marketing GmbH, the company must be given a list of the full names of all guests on arrival.
g) If the total number of guests exceeds the contractually agreed number of persons, the additional guests are not entitled to accommodation.
h) Any persons younger than 18 years of age are not permitted to stay overnight in the dorms. Minors are only permitted to stay overnight in private rooms, if they are accompanied by at least one adult person or if they are in possession of a statement of consent from a parent or guardian, including a copy of the ID of the person in question. This rule does not apply to those travelling in groups, accompanied by an adult person authorised by the parent or guardian.
i) Pets or large medical devices are only allowed in private rooms. In certain cases the named company can refuse to accommodate pets. In principle, the respectively company must be notified of any pets in advance, and their accommodation is subject to a fee. It is not permitted to bring pets into the dining rooms.
7. Catering (reservation via acama Service & Marketing GmbH)
a) The breakfast buffet is -unless otherwise agreed- not included in the price for overnight stays and will be charged in addition to the overnight stay. In the case of half or full board bookings the first meal that will be charged is dinner, provided that nothing else has been agreed. The meal times will be specified at the very latest when the group arrives.
b) Breakfast is normally served from 7.00-10.00 a.m. Breakfast times are announced the day before at the reception.
c) Lunch and dinner for groups from 30 persons on, will be served in the building from 13:00-13:30 and 18:00-20:00 p.m.
For smaller groups, the company reserves the right to organize the dinner out of the building in a restaurant of the neighbourhood. In case that several small groups had booked a meal for the same day and they were more than 30 persons in total, this can be arranged in our building.
d) Meal times are announced when the group arrives for half or full board arrangement. For the day of arrival the time of arrival for half board bookings must be communicated at least 3 days before the group’s arrival; otherwise the entitlement tor catering for this day will be omitted from the room rate. As a rule, after 20:30 p.m. there are – even in the event of late arrivals – no more meals offered.
e) Special requests for lunch and dinner (vegetarians, Muslims, people with allergies etc.) must be made one week before arrival.
f) Unless otherwise agreed, the reservation of full board/half board and packed lunch can be cancelled free of charge up until 3 days prior to arrival. After that the following cancellation fees will be charged:
– up until 2 days prior to arrival 50% of the total cost of the meal
– up until 1 day(s) prior to arrival 90% of the total cost of the meal
– on the arrival date 100% of the total cost of the meal
a) The customer will be liable for inventory loss caused by fault or negligence. The whole group are jointly and severally liable where damage caused by a group has not been declared.
b) The named company is liable for the diligence of a prudent businessman. In areas which do not fall under the services typical covered, this liability is limited to failure of performance, damage, ensuing damage or disturbances which are caused by an intentional or grossly negligent breach of obligation by the named company. Should disturbances or defects occur in respect of service provision on part of acama Service & Marketing GmbH or acama Kreuzberg Hotel + Hostel GbR, the respective company will act to remedy such upon being informed or upon complaint by the customer. The customer is obliged to contribute what is just and reasonable to him in order to remedy the disturbance and to limit all possible damage.
c) The named company is liable to the customer for personal possession in accordance with statutory provisions. Any potential liability on the port of the companies is limited to a maximum of 3,500.00 euro for each individual case; for money, documents of importance and valuables as defines under § 702 of the German Civil Code (BGB) the maximum liability amount is limited to 800.00 euro for each individual case. Money and articles of value up to the value of (insurance sum) can be stored in the hotel safe or room safe. Acama Kreuzberg Hotel + Hostel GbR recommends that customers make use of this facility. Liability claims expire if the customer does not immediately inform the respective company in accordance with § 703 of the German Civil Code (BGB).
d) The named company is liable in accordance with the statutory regulations for all damage to the customer’s personal property as well as for injury to life, body and health. The use of equipment and facilities in the leisure areas is at one’s own risk.
e) Insofar as a parking place in the hotel garage or in the hotel car park is made available to the customer, even with payment, no safeguarding agreement comes into effect. The acama Kreuzberg Hotel + Hostel GbR is not liable in the case of loss or damage to motor vehicle, and their contents, parked or manoeuvred on hotel property, except in the case of intent or gross negligence. In these cases the damage must be asserted to the acama Kreuzberg Hotel + Hostel GbR at the very latest when leaving hotel property.
f) Any messages, post or delivery or merchandise for guests will be handled with care. The acama Kreuzberg Hotel +Hostel GbR will accept delivery and storage of same and – if requested – forwarding of same, for a fee. Any items found will be kept for a period of 6 months and forwarded on request, for a fee. The hotel does not accept any liability for this. Any claims for damages are excluded, except in case of gross negligence or intent.
9. Final provisions:
a) Any amendments or additions to the contract, the acceptance of these Terms and Conditions for the hotel stay must be made in writing. Any unilateral amendments or additions made by the customer are ineffectual.
b) The place of performance and payment is the location of both companies.
c) This contract is governed by German law.
d) If any individual provisions contained in these General Terms and Conditions are or become ineffectual or null and void, this will not affect the validity of the other remaining provisions. This contract is also governed by any applicable statutory provisions.