These terms and conditions apply to contracts for the rental of hostel rooms for lodging, as well as all other services provided for the customer and delivery by Hostel Rixhouse (hereinafter referred to as Rixhouse). The subletting or subleasing of the rooms provided as well as their use for purposes other than accommodation are not permitted.
The general conditions apply as follows:
1. CONCLUSION OF CONTRACT, CONTRACT PARTNER, CONTRACT COMMITMENT
a) The contract is concluded through the acceptance of the customer’s request by Rixhouse. Rixhouse is free to confirm the room reservation in writing.
b) The contractual partners are Rixhouse and the guest. If a third party has ordered or booked for the guest, the third party is liable to Rixhouse together with the guest as joint and several debtor for all obligations arising from the hotel accommodation contract, provided that Rixhouse has received a corresponding declaration from the third party.
c) By concluding the contract, the guest agrees to the terms and conditions, the data protection regulations and the house rules.
d) All claims against Rixhouse shall in principle become statute-barred one year after the commencement of the knowledge-dependent, regular limitation period of Section 199 (1) of the German Civil Code (BGB). Claims for damages shall become statute-barred in five years irrespective of any knowledge thereof. The shortening of the limitation period shall not apply to claims based on an intentional or grossly negligent breach of duty by the hotel.
e) Any increase in value added tax after conclusion of the contract shall be borne by the person making the booking. Invoices are payable without deduction within 8 days of the invoice date. If payment is delayed, the hotel shall be entitled to charge interest at a rate of 6% above the respective base rate in accordance with Section 1 of the Discount Rate Transition Act or the corresponding successor interest rate of the European Central Bank. The customer reserves the right to prove a lesser damage and the hotel a greater damage.
2. SERVICES, PRICES, PAYMENT, OFFSETTING
a) Rixhouse is obliged to provide the bed category booked by the customer and to provide the agreed services.
b) The customer is obliged to pay the prices, valid or agreed, for the room provision and any further services provided by Rixhouse. This also applies to services and disbursements of Rixhouse arranged by the customer for third parties.
c) The full contract price must be paid upon conclusion of the hostel accommodation contract. Guests have several payment options at their disposal for this purpose.
d) The agreed prices include the respective statutory value added tax. If the period between conclusion of the contract and fulfilment of the contract exceeds four months and if the price charged by Rixhouse generally for such services increases, Rixhouse may raise the contractually agreed price appropriately, but by no more than 5%.
e) The prices can be amended by Rixhouse if the customer subsequently requests changes in the number of rooms booked, the service or the length of stay of the guests, and Rixhouse agrees to this.
f) Rixhouse invoices without due date are payable without deduction within 10 days of the invoice date, unless otherwise contractually agreed. In case of default of payment Rixhouse is entitled to charge default interest according to Section 288 BGB (German Civil Code). Rixhouse reserves the right to demonstrate greater damages.
h) The guest may only offset or reduce a claim by Rixhouse with an undisputed or legally binding claim.
3. CANCELLATION BY THE GUEST
a) A withdrawal of the guest from the contract concluded with Rixhouse requires the written consent of the hostel. If this does not take place, the agreed price of the contract is to be paid even if the guest does not make use of contractual services. This shall not apply if Rixhouse violates its obligation to take into account the rights, legal interests and interests of the guest, if it can no longer be reasonably expected to adhere to the contract as a result or if it is entitled to any other legal or contractual right of rescission.
b) If Rixhouse and the guest have agreed in writing on a date for withdrawal from the contract, the latter may withdraw from the contract until then. The guest’s right of withdrawal expires if he does not submit his right of withdrawal in writing by the agreed date.
c) Deadlines and fees for cancellations of any kind are:
A free cancellation with full refund of the contract value is possible up to 3 days before the date of arrival. In case of non-arrival the cancellation fee is 100 %.
d) In the case of rooms not taken up by the guest, Rixhouse has the right to withhold the income from other rentals of the rooms as well as the saved expenses. In exceptional cases, an individual arrangement may be made at the written request of the guest.
4. CANCELLATION BY THE HOSTEL
a) If a right of cancellation by the guest has been agreed in writing within a certain period of time, Rixhouse is entitled to cancel the contract during this period, if there are requests from other guests for the rooms booked under the contract and the guest waives his right of cancellation. Place of performance and jurisdiction is Berlin.
b) If an agreed advance payment is not made even after expiry of a reasonable grace period set by Rixhouse with threat of refusal, Rixhouse shall also be entitled to withdraw from the contract.
c) Furthermore, Rixhouse is entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if force majeure or other circumstances beyond Rixhouse’s control make performance of the contract impossible or rooms were booked under misleading or false statements of material facts, e.g. in the person of the guest or the purpose, that Rixhouse has reasonable grounds to believe that the use of the hostel services may jeopardize the smooth running of the business, the security or the reputation of the Rixhouse in public, without this being attributable to the sphere of control or organisation of Rixhouse or a violation of the above-mentioned 2nd regulation, “Scope”.
d) Rixhouse shall immediately inform the guest of the exercise of the right of withdrawal.
e) If Rixhouse justifiably withdraws from the contract, the guest shall not be entitled to claim damages.
5. ROOM PROVISION, HANDOVER AND RETURN
a) The guest is not entitled to the provision of specific rooms. However, Rixhouse is obliged to provide beds in the appropriate room category according to the booking and payment modalities.
b) Booked beds/rooms are available to the guest from 2 p.m. on the agreed day of arrival. The guest has no claim to an earlier provision. The latest check-in time is 10 p.m. Rixhouse must be informed of a later arrival by telephone or email.
c) At check-in, the guest will receive a key card, which he must hand in at checkout. In case of loss a handling fee of €50.00 will be levied.
d) On the agreed day of departure, the room must be vacated and made available to Rixhouse by 10 a.m. at the latest. Thereafter, Rixhouse may charge 50% of the full lodging price (list price) for the additional use of the room until 6 p.m. plus any further expenses incurred. From 6 p.m. 100 % of the accommodation price. Contractual claims of the guest are not substantiated by this. The guest is at liberty to prove to Rixhouse that no or a substantially lesser damage has been caused.
6. LIABILITY OF RIXHOUSE
a) Rixhouse shall be liable for its obligations under the contract with the diligence of a prudent businessman. Claims of the guest for damages are excluded. Excluded from this are damages from injury to life, body or health if Rixhouse is responsible for the breach of duty, other damages which are based on an intentional or grossly negligent breach of duty by Rixhouse and damages which are based on an intentional or negligent breach of contractual duties typical for Rixhouse. A breach of duty on the part of Rixhouse is equivalent to that of a legal representative or vicarious agent. Should disturbances or defects in the services of Rixhouse occur, Rixhouse will endeavour to remedy them as soon as Rixhouse becomes aware of them or upon immediate complaint by the guest. The guest is obliged to contribute what is reasonable in order to remedy the disruption and to keep any possible damage to a minimum.
b) The guest is solely liable for any items he or she has brought in. Rixhouse assumes no liability or compensation for loss, damage, destruction, theft or vandalism.
7. FINAL PROVISIONS
a) Amendments or supplements to the Agreement, the Acceptance of Order or these Terms and Conditions for the Host Accommodation Agreement must be made in writing
b) Unilateral changes or additions by the customer are invalid.
c) Place of performance and payment is the registered office of Rixhouse (Berlin).
d) The exclusive place of jurisdiction is Berlin.
e) German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws provisions is excluded.
f) If any provision of these Terms and Conditions is held to be invalid or unenforceable, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions shall apply.