COMPANY:
Ostheimer GmbH & Co. Grundstücksverwaltungs-KG
Tannenwinkel 3a
87645 Schwangau

1. SCOPE OF APPLICATION

1.1 These terms and conditions apply to contracts for the rental of hostel rooms for accommodation and all other services and deliveries provided by the hostel for the customer in this context (hostel accommodation contract). The term "Hostel Accommodation Agreement" includes and replaces the following terms: Accommodation Agreement, Guest Accommodation Agreement, Hostel Agreement, Hostel Room Agreement.

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

1.3 The customer's general terms and conditions shall only apply if this has been expressly agreed in advance.

2. CONCLUSION OF CONTRACT, PARTIES, LIMITATION PERIOD

2.1 The contract is concluded upon acceptance of the customer's application by the Hostel. The Hostel is at liberty to confirm the room booking in writing.

2.2 The contractual partners are the Hostel and the customer. If a third party has ordered on behalf of the customer, the third party shall be liable to the Hostel together with the customer as joint and several debtors for all obligations arising from the Hostel accommodation contract.

2.3 All claims against the Hostel are generally subject to a limitation period of one year from the commencement of the statutory limitation period. This does not apply to claims for damages and other claims, insofar as the latter are based on an intentional or grossly negligent breach of duty by the Hostel.

3. SERVICES, PRICES, PAYMENT, OFFSETTING

3.1 The Hostel is obliged to keep the rooms booked by the customer available and to provide the agreed services.

3.2 The customer is obliged to pay the Hostel's agreed or applicable prices for the provision of rooms and other services used by the customer. This also applies to services ordered by the customer directly or via the Hostel, which are provided by third parties and disbursed by the Hostel.

3.3 The agreed prices include the taxes and local charges applicable at the time the contract is concluded. Not included are local taxes which are owed by the guest according to the respective municipal law, such as visitor's tax. In the event of a change in the statutory value added tax or the introduction, change or abolition of local taxes on the subject matter of the service after conclusion of the contract, the prices shall be adjusted accordingly. In the case of contracts with consumers, this shall only apply if the period between conclusion and fulfillment of the contract exceeds four months.

3.4 The hotel may make its consent to a subsequent reduction in the number of rooms booked, the hotel's services or the length of the customer's stay requested by the customer dependent on the price for the rooms and/or for the hotel's other services being increased.

3.5 Hostel invoices without a due date are payable in full within 5 days of receipt of the invoice. The Hostel is entitled to declare accrued receivables due at any time and to demand immediate payment. If the customer is in default of payment, the statutory provisions shall apply. The Hostel reserves the right to provide evidence of higher damages.

3.6 The Hostel is entitled to demand an appropriate advance payment or security deposit, for example in the form of a credit card guarantee, from the customer upon conclusion of the contract or thereafter, taking into account the legal provisions.the amount of the advance payment and the payment dates may be agreed in text form in the contract. If the customer is in default of payment, the statutory provisions shall apply.

3.7 In justified cases, for example if the customer is in arrears with payment or if the scope of the contract is extended, the Hostel shall be entitled, even after conclusion of the contract up to the commencement of the stay, to demand an advance payment or security deposit within the meaning of Section 3.6 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.

3.8 Furthermore, the Hostel is entitled to demand a reasonable advance payment or security deposit from the Customer at the beginning and during the stay within the meaning of Clause 3.6 above for existing and future claims arising from the contract, insofar as such has not already been made in accordance with Clause 3.6 and/or Clause 3.7 above.

3.9 The customer may only offset or set off an undisputed or legally enforceable claim against a claim of the Hostel.

4. RESCISSION BY THE CUSTOMER (CANCELLATION) / NON-UTILIZATION OF THE HOTEL'S SERVICES (NO SHOW)

4.1 The customer may only withdraw from the contract concluded with the Hostel if a right of withdrawal has been expressly agreed in the contract, if another statutory right of withdrawal exists or if the Hostel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as any consent to the termination of the contract shall be made in text form.

4.2 If the Hostel and the customer have agreed in writing on a date for a cost-free withdrawal from the contract, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the Hostel. The customer's right of withdrawal shall expire if he does not exercise his right of withdrawal in writing vis-à-vis the Hostel by the agreed date, unless a statutory right of withdrawal exists.

4.3 If a right of withdrawal has not been agreed or has already expired, if there is no statutory right of withdrawal or termination and if the Hostel does not agree to the cancellation of the contract, the Hostel shall retain the claim to the agreed remuneration despite the non-utilization of the service. The Hostel shall offset the income from renting the rooms to other parties as well as the expenses saved. If the rooms are not rented to other parties, the hotel may make a lump-sum deduction for saved expenses. The customer is at liberty to prove that the aforementioned claim did not arise or did not arise in the amount claimed.

4.4 The following cancellation deadlines apply to bookings (1-9 booked beds):
Up to 5 days before the date of arrival at the latest free of charge, thereafter 90% dof the total amount of the booking will be charged. In case of no-show, 90% dof the booking will be charged. The customer is free to prove that the claim did not arise or did not arise in the amount claimed.

4.5 The following cancellation deadlines apply to group bookings (10 or more beds booked):
Cancellations and changes made up to 30 days before the date of arrival are free of charge. If canceled or modified up to 21 days before date of arrival, 60% dof the total price of the reservation will be charged. If canceled or modified later, 90% dof the total price of the reservation will be charged. In case of no-show, 90% dof the booking will be charged. The customer is free to prove that the claim did not arise or did not arise in the amount claimed.

4.6 It is recommended that the customer takes out travel cancellation insurance.

5. CANCELLATION BY THE HOSTEL

5.1 If an advance payment or security deposit agreed or demanded in accordance with Section 3.6 and/or Section 3.7 is not made even after a reasonable grace period set by the Hostel has expired, the Hostel shall also be entitled to withdraw from the contract.

5.2 Furthermore, the hotel is entitled to withdraw from the contract for objectively justified reasons, in particular if
- force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
- rooms or rooms are culpably booked with misleading or false information or concealment of important facts; the identity of the customer, the ability to pay or the purpose of the stay may be material;
- the hotel has reasonable grounds to believe that the use of the service may jeopardize the smooth operation, security or public reputation of the hotel, without this being attributable to the hotel's sphere of control or organization. Organizational area of the hotel;
- the purpose or reason for the stay is unlawful;
- there is a violation of the above-mentioned Section 1.2.

6. ROOM PROVISION, HANDOVER AND RETURN

6.1. the customer acquires no claim to the provision of specific rooms.

6.2. booked rooms are available to the customer from 16:00 on the agreed day of arrival. The customer is not entitled to earlier availability.

6.3. arrival is limited to 9:00 pm. The guest is not entitled to the room after 9 p.m. on the day of arrival, unless a late arrival has been expressly agreed.

6.4 On the agreed day of departure, the rooms must be vacated and made available to the Hostel by 9:30 a.m. at the latest.

7. LIABILITY OF THE HOTEL

7.1 The Hostel shall be liable for damages for which it is responsible arising from injury to life, limb or health. Furthermore, it shall be liable for other damages which are based on an intentional or grossly negligent breach of duty by the Hostel or on an intentional or negligent breach of duties of the Hostel which are typical for the contract. A breach of duty by a legal representative or vicarious agent shall be deemed equivalent to a breach of duty by the Hostel. Further claims for damages are excluded, unless otherwise provided for in this Section 7. Should disruptions or defects in the Hostel's services occur, the Hostel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer shall be obliged to make reasonable efforts to remedy the disruption and to minimize any possible damage.

7.2 The Hostel shall be liable to the customer for items brought into the Hostel in accordance with the statutory provisions.

7.3 The Hostel does not have its own parking spaces.

7.4 Messages, post and consignments for guests are handled with care. The hotel will deliver, store and, on request and for a fee, forward them. The hotel shall only be liable in accordance with the above Section 7.1, sentences 1 to 4.

8. HOUSE RULES

8.1 The house rules are an integral part of the General Terms and Conditions. In the event of violations of the house rules, the Hostel shall be entitled to terminate the accommodation contract without notice. Cancellation fees will be charged for any rooms/beds not used in accordance with the cancellation policy.

8.2 The customer shall be liable to the Hostel for any damage caused by violations of the house rules.

9. FINAL PROVISIONS

9.1 Amendments or additions to the contract, the acceptance of the application or these Terms and Conditions for Hostel Accommodation shall be made in writing. Unilateral amendments or additions by the customer are invalid.

9.2 Place of fulfillment and payment is the Hostel in Reichenstraße 15, 87629 Füssen.

9.3 The exclusive place of jurisdiction for commercial transactions, including disputes concerning checks and bills of exchange, is the registered office of Ostheimer GmbH & Co. Grundstücksverwaltungs-KG in Tannenwinkel 3a 87645 Schwangau.

9.4 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.

9.5 Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.

We refer to the EU platform for out-of-court online dispute resolution at http://ec.europa.eu/consumers/odr/hin.

Status 2022