General Terms and Conditions (GTC) for the Hostel Accommodation Contract
of the Hostel Mondpalast Dresden GmbH
Louisenstrasse 77, 01099 Dresden, Managing Director Michael Lottes, Local Court Dresden: HRB 36682
§ 1 Principles and Scope
(1) These General Terms and Conditions regulate the contractual relationship between Hostel Mondpalast Dresden GmbH and its customers together with the house rules of Hostel Mondpalast Dresden GmbH, which can be downloaded here: www.mondpalast.de/de/agb/.
The house rules are thus expressly included in the conclusion of the contract. In particular, the smoking ban listed there and the resulting contractual penalties are to be observed.
(2) These General Terms and Conditions shall apply to all contracts concerning the rental of hotel/hostel rooms for accommodation purposes as well as to all other deliveries and services provided to the customer by Hostel Mondpalast Dresden GmbH.
(3) The subletting or reletting of the rooms provided as well as their use for purposes other than accommodation shall require the prior written consent of Hostel Mondpalast Dresden GmbH.
(4) The customer's terms and conditions shall only apply if this has been expressly agreed in writing.
(5) Underage guests under 14 years of age traveling alone cannot be accommodated. Underage guests traveling alone over the age of 14 require a written declaration of consent from parents/guardians as well as suitable proof of authenticity. We strongly recommend prior consultation with our reservations department, among other things because there is usually mixed-gender accommodation.
§ 2 Conclusion of contract, contracting parties, statute of limitations
(1) The contract is concluded by the acceptance of the customer's application by Hostel Mondpalast Dresden GmbH. Hostel Mondpalast Dresden GmbH is free to confirm the room booking in writing.
(2) Contractual partners are Hostel Mondpalast Dresden GmbH and the customer. If a third party has ordered on behalf of the customer, he shall be liable to Hostel Mondpalast Dresden GmbH as joint and several debtor for all obligations arising from the hotel/hostel accommodation contract, provided that Hostel Mondpalast Dresden GmbH has received a corresponding declaration from the third party.
(3) All claims against Hostel Mondpalast Dresden GmbH are generally subject to a limitation period of one year from the beginning of the knowledge-dependent regular limitation period. Claims for damages shall become statute-barred after five years, irrespective of knowledge. The shortening of the statute of limitations does not apply to claims that are based on an intentional or negligent breach of duty on the part of Hostel Mondpalast Dresden GmbH.
§ 3 Services, Prices, Payment, Offsetting, Fees
(1) Hostel Mondpalast Dresden GmbH is obliged to keep ready the rooms booked by the customer and to render the agreed services.
(2) The customer is obligated to pay the prices of Hostel Mondpalast Dresden GmbH that apply or have been agreed upon for the provision of the room and the other services used by the customer. This also applies to services and expenses of Hostel Mondpalast Dresden GmbH to third parties initiated by the customer.
(3) The prices include the applicable statutory value added tax. If the value added tax increases, Hostel Mondpalast Dresden GmbH can adjust the contractually agreed price to the increase. The same applies to the introduction or increase of taxes and duties that directly relate to the overnight stay. Furthermore, the prices can be changed by Hostel Mondpalast Dresden GmbH if the customer subsequently requests changes in the number of booked rooms, services provided by Hostel Mondpalast Dresden GmbH or the length of stay of the guests and Hostel Mondpalast Dresden GmbH agrees to this.
(4) Invoices of Hostel Mondpalast Dresden GmbH without due date are to be paid within 10 days from receipt of the invoice without deduction. Hostel Mondpalast Dresden GmbH is entitled to declare accrued receivables due at any time and to demand immediate payment. In the case of delayed payment, Hostel Mondpalast Dresden GmbH is entitled to charge the respectively applicable statutory interest on arrears, currently 8% or, in the case of legal transactions involving a consumer, 5% above the base interest rate. Hostel Mondpalast Dresden GmbH reserves the right to prove higher damages.
(5) Hostel Mondpalast Dresden GmbH is entitled to demand an appropriate advance payment or security deposit upon conclusion of the contract or thereafter, taking into account the legal provisions for package tours. The amount of the advance payment and the payment dates can be agreed in writing in the contract. Stays with a duration of more than seven nights can only be booked with full advance payment.
(6) The customer can only offset or reduce a claim against Hostel Mondpalast Dresden GmbH with a claim that is undisputed or has been legally established.
(7) Payment on account is only possible with the express consent of Hostel Mondpalast Dresden GmbH and against presentation of a cost transfer.
(8) Possible bank charges shall be borne by the customer.
(9) For bookings with the Non-Refundable Rate the following applies: The customer receives a discounted savings rate. Payment shall be made in advance at the time of booking. The binding booking is non-cancellable and the payment made is non-refundable, as the deduction for saved expenses is already taken into account in the discounted rate. Rooms/ beds will be kept free for the customer even in case of late arrival (after 6 pm).
(10) For bookings with the standard rate applies: Payment is flexible on arrival on site. The reservation of rooms/beds can be cancelled free of charge up to 48 hours before arrival in case of specified arrival time or 2 days before the arrival date. In case of later cancellation and if the room is not used without cancellation, the hostel is entitled to charge 100% of the room price (incl. VAT) to the ordering party.
(11) In case of reservations on the day of arrival after 6 p.m., the rooms/beds will be kept free for the customer for 2 hours and then released again. A binding reservation is only made upon payment of the amount on site. The guest is given the opportunity to notify ringfügige delays by telephone.
§ 4 Withdrawal of the customer from the contract
(1) Hostel Mondpalast Dresden GmbH grants the customer the right to withdraw from the contract at any time. This does not apply to special rates marked as "non-cancellable". The exact conditions are listed below:
§ 4a Individual travelers (less than 10 persons).
Cancellation, cancellation, non-utilization of the services of Hostel Mondpalast Dresden GmbH
The following applies to direct bookings by the end customer at Hostel Mondpalast: Unless otherwise agreed, the booking can be cancelled free of charge up to 48 hours before arrival at the specified arrival time (local time of the hostel) or 2 days before the arrival date.
Discounts, specials or special offers are not cancelable unless otherwise agreed. This is especially true for the discounted "Non-Refunadable-Rate" bookable on the homepage. A refund does not take place here, the deduction for saved expenses is already taken into account in the discounted price. Hostel Mondpalast Dresden GmbH recommends the customer to take out a travel cancellation insurance. The customer is free to prove that the aforementioned claim did not arise or did not arise in the amount claimed. For bookings made through third parties (e.g. tour operators), the cancellation conditions published there shall apply.
§ 4b Groups:
Cancellation, cancellation, non-utilization of services of Hostel Mondpalast Dresden GmbH
Cancellation periods: Unless otherwise agreed in the contract, the following cancellation periods apply:
up to 6 weeks before arrival: free of charge
up to 2 weeks before arrival: 50%
up to 1 week before arrival: 80%
Thereafter 100% of the total amount of the booking, but in each case without bed linen and additional services such as breakfast, etc. that were not used.
The maximum number of persons in the booking process is decisive.
(2) A withdrawal of the customer from the contract concluded with Hostel Mondpalast Dresden GmbH requires the written form and the written consent of Hostel Mondpalast Dresden GmbH. If this does not take place, the agreed price from the contract is to be paid even if the customer does not make use of contractual services. This does not apply in case of violation of the obligation of Hostel Mondpalast Dresden GmbH to consider the rights, legal assets and interests of the customer.
(3) If Hostel Mondpalast Dresden GmbH and the customer have agreed in writing on a date for withdrawal from the contract free of charge, the customer may withdraw from the contract up to that date without triggering claims for payment or damages on the part of Hostel Mondpalast Dresden GmbH. The customer's right to withdraw from the contract expires if he does not exercise his right to withdraw from the contract in writing to Hostel Mondpalast Dresden GmbH by the agreed date, unless a case of withdrawal of the customer according to paragraph 1 sentence 3 exists.
(4) In the case of rooms not used by the customer, Hostel Mondpalast Dresden GmbH shall credit the income from renting the rooms to other parties as well as the saved expenses.
(5) Hostel Mondpalast Dresden GmbH shall be free to demand the contractually agreed remuneration and to make a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay at least 90% of the contractually agreed price. The customer is free to prove that the aforementioned claim has not arisen or has not arisen in the amount demanded.
(6) Hostel Mondpalast Dresden GmbH recommends that the customer take out travel cancellation insurance.
§ 5 Cancellation by Hostel Mondpalast Dresden GmbH
(1) If an agreed advance payment or an advance payment demanded in accordance with §3 para. 6 of these General Terms and Conditions is not made even after a reasonable period of grace set by Hostel Mondpalast Dresden GmbH has expired, Hostel Mondpalast Dresden GmbH is entitled to withdraw from the contract. Hostel Mondpalast Dresden GmbH is then free to issue a cancellation invoice according to §4 para.1. Likewise, Hostel Mondpalast Dresden GmbH is entitled to cancel the contract if outstanding debts from previous bookings have not been settled after a reminder.
(2) Furthermore, Hostel Mondpalast Dresden GmbH is entitled to withdraw from the contract for factually justified reasons, e.g. in case of
- force majeure or other circumstances for which Hostel Mondpalast Dresden GmbH is not responsible make the fulfillment of the contract impossible;
- a release of the rooms is not possible due to official orders
- rooms are booked under misleading or false information of essential facts, e.g. in the person of the customer or the purpose;
-Hostel Mondpalast Dresden GmbH has justified reason to believe that the use of the hostel service can impair the smooth business operations, the safety or the reputation of Hostel Mondpalast Dresden GmbH in public, without this being attributable to the control or organizational area of Hostel Mondpalast Dresden GmbH;
-There is a violation of paragraph 1(3) of these General Terms and Conditions.
(3) In case of a justified withdrawal by Hostel Mondpalast Dresden GmbH, the customer shall not be entitled to claim for damages.
§ 6 Room provision, handover and return
(1) The customer does not acquire any right to the provision of certain rooms.
(2) Booked rooms shall be available to the customer from 2:00 p.m. on the agreed day of arrival. The customer has no right to earlier provision. Rooms that have not been paid for in advance will be kept free for the customer until 6:00 p.m. on the agreed day of arrival. After that time, the customer has no further claim to keep the room free. Please inform the hostel in case of late arrival.
(3) On the agreed day of departure, the rooms must be vacated and made available to Hostel Mondpalast Dresden GmbH by 11:00 a.m. at the latest. Thereafter, Hostel Mondpalast Dresden GmbH may charge 50% of the full list price due to the delayed vacating of the room for its use in excess of the contract until 6:00 p.m., from 6:00 p.m. 100%. Contractual claims of the customer are not justified by this. Guests have the option to book a "late check-out", which extends the check-out time to 13:00.
§ 7 Liability of Hostel Mondpalast Dresden GmbH
(1) Hostel Mondpalast Dresden GmbH is liable for its obligations arising from the contract with the diligence of a prudent businessman. Claims of the customer for damages are excluded. Excluded from this are damages resulting from injury to life, body or health, if Hostel Mondpalast Dresden GmbH is responsible for the breach of duty, other damages resulting from an intentional or grossly negligent breach of duty by Hostel Mondpalast Dresden GmbH and damages resulting from an intentional or negligent breach of typical contractual duties by Hostel Mondpalast Dresden GmbH. A breach of duty of Hostel Mondpalast Dresden GmbH is equal to a breach of duty of a legal representative or vicarious agent. In the event of disruptions or deficiencies in the services of Hostel Mondpalast Dresden GmbH, Hostel Mondpalast Dresden GmbH will endeavor to remedy the situation if it becomes aware of them or if it receives a complaint from the customer without delay. The customer is obligated to contribute what is reasonable to him in order to remedy the disturbance and to keep any possible damage to a minimum.
(2) Hostel Mondpalast Dresden GmbH is liable to the customer for objects brought in according to the legal regulations; this is up to one hundred times the room price, at the most 3.500,00€, as well as for money, securities and valuables up to 800,00€. Money, securities and valuables can be stored in the hostel safe up to a maximum value of 1,000.00€. Hostel Mondpalast Dresden GmbH recommends to make use of this possibility. Liability claims expire if the customer does not immediately notify Hostel Mondpalast Dresden GmbH after becoming aware of loss, destruction or damage. For any further liability of Hostel Mondpalast Dresden GmbH, the above paragraph 1 sentences 2 to 4 shall apply accordingly.
(3) Messages, mail and consignments of goods for the guests shall be handled with care. Hostel Mondpalast Dresden GmbH will take care of the delivery, storage and - if requested - against payment - the forwarding of the same. The above paragraph 1 sentences 2 to 4 shall apply accordingly.
§ 8 Final provisions
(1) Changes or additions to the contract, the acceptance of the application or these General Terms and Conditions for Hosting shall be made in writing. Amendments or supplements by the customer shall be invalid.
(2) The place of performance and payment is the registered office of Hostel Mondpalast Dresden GmbH.
(3) The exclusive place of jurisdiction - also for disputes regarding checks and bills of exchange - in commercial transactions shall be the registered office of Hostel Mondpalast Dresden GmbH.
(4) Should individual provisions of these General Terms and Conditions for Hotel/Hostel Accommodation 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.
(6) Hostel Mondpalast Dresden GmbH distances itself in every respect from discrimination, radicalism, violence and xenophobia and reserves the right not to accommodate people who lack this distance.