General Terms and Conditions
General terms and conditions for the accommodation contract with the Brickstone Hostel – Schützenstraße 42 – 89231 Neu-Ulm – Germany
1. These terms and conditions apply to contracts in verbal, written and mail form about the renting of guest rooms or beds in our house for accommodation as well as all other services and deliveries provided by the Brickstone hostel for the customer.
2. The subletting or the rooms provided and their use for purposes other than accommodation require the prior written consent of the hostel.
3. The customer’s terms and conditions only apply if this has been expressly agreed in writing with the hostel beforehand.
II. Conclusion of Contract, Contract Partner; Statute of Limitations
1. The contract is only concluded when the hostel gives the guest verbal or written confirmation.
2. The contractual partners are the hostel and the customer. If a third party has booked for the customer, it is liable to the hostel as joint debtor for all obligations arising from the hostel contract, provided the hostel has received a corresponding declaration from the third party.
3. All claims against the hostel are generally subject to a limitation period of one year from the start of the knowledge-dependent, regular limitation period in Section 199 (1) BGB. Claims for damages are subject to a limitation period of five years, regardless of knowledge. The shortening of limitation periods do not apply to claims based on an intentional or grossly negligent breach of duty by the hostel.
III. Services, Prices, Payment, Offsetting
1. The hostel is obliged to keep the rooms booked by the customer ready and to provide the agreed services.
2. The customer is obliged to pay the prices of the hostel that apply or have been agreed upon for the provision of rooms and the other services used. This also applies to services and expenses of the hostel to third parties arranged by the customer.
3. All hostel services are to be paid on arrival, payment is only possible in cash. The agreed prices include the respective statutory value added tax. If the period between the conclusion of the contract and the fulfillment of the contract exceeds four months and the price generally charged by the hostel for such services increases, this can adequately increase the contractually agreed price, but at most by 5%.
4. Prices can also be changed by the hostel if the customer subsequently wishes to change the number of people or rooms booked, the services by the hostel or the length of stay of the guests and if the hostel agrees.
5. Invoices from the hostel without a due date are payable in full within 10 days upon receipt of the invoice. The hostel is entitled to demand accrued claims at any time and to request immediate payment. In the event of late payment, the hostel is entitled to charge the applicable statutory default interest of currently 8% or, in the case of legal transactions in which a consumer is involved, 5% above the basic interest rate. The hostel reserves the right to prove greater damage.
6. The hostel is entitled to request a reasonable 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 are agreed in writing in the contract.
7. Only with an undisputed or legally binding claim, the customer can offset or reduce a claim by the hostel.
8. We would like to point out that arrival is only possible between 10:00 am and 11:30 am and then again between 5:00 pm and 7:00 pm. An arrival at other times is only possible after prior agreement.
IV. Cancellation by the Customer (Cancellation, No-Show)
Please note that cancellations can only be accepted in writing (e.g. via email to firstname.lastname@example.org)
1. Unless otherwise agreed in the contract, the following cancellation periods apply:
7 days or more before your arrival: no cancellation fee
7 – 4 days before your arrival: 50% on the complete booking
3 days – 1 day before your arrival: 80% on the complete booking
On the day of arrival: 100% on the complete booking
V. Withdrawal from the Hostel
1. If an agreed advance payment or one required in accordance with Clause III No. 6 is not made even after a new appropriate deadline set by the hostel has expired, the hostel is entitled to withdraw from the contract.
2. Furthermore, the hostel is entitled to extraordinarily withdraw from the contract where objectively justified (even if the customer has already used a partial service), for example
• there is a force majeure or other circumstances for which the hostel is not responsible and which make it impossible to fulfill the contract;
• rooms are booked with misleading or false information about essential facts, e.g. about the person of the customer or the purpose;
• the hostel has reasonable grounds to believe that the use of its services could impede its business operations or jeopardize its security or public image, where this is not within the Hostel’s control or organizational remit.
• the customer has handled hostel property without care and caused damage with intent or negligent acceptance
• there is a violation of Clause I No. 2 above.
3. In case of a justified withdrawal by the hostel, the customer is not entitled to compensation.
VI. Allocation, Handover and Return of Rooms
1. The customer is not entitled to the allocation of particular rooms.
2. Booked beds and rooms are available at the earliest after the previous guests have moved out and the rooms have been cleaned; they are ready for occupancy from around 1 p.m. The customer has no right to earlier availability.
3. For the loss of the room key, 20 euros will be charged.
4. On the agreed departure date, the rooms must be vacated and made available to the hostel by 11:00 am at the latest. Thereafter, due to the delayed evacuation of the room, the hostel can charge 50% of the full list price until 2:00 p.m., and 100% from 2:00 p.m. for using the room beyond the contract. This does not justify contractual claims by the customer.
5. We ask for your understanding that in the case of group bookings, in the event of culpable or negligent damage to the inventory, should the person responsible not be determined, the group must be held jointly and severally liable.
6. We collect a cleaning fee in the event of heavy soiling. If blankets or pillows are used without bed linen, the hostel is entitled to charge € 30 for cleaning.
7. The subletting of the rooms provided and their use for purposes other than accommodation require the prior written consent of the Brickstone Hostel.
8. For important reasons, the hostel is entitled to accommodate guests in another hotel / guesthouse with comparable facilities and services at the price booked without the guests being able to make regression claims against the hostel.
VII. Liability of the Hostel
1. Personal and other items brought along are at the guest’s risk in the hostel. The hostel does not assume any safeguarding or storage obligation. The hostel assumes no liability for loss, destruction or damage except in the event of gross negligence or intent on the part of the hostel. It is the guest’s responsibility to insure the items they have brought with them.
2. The hostel is only liable for the delivery and storage of messages, mail and goods for guests in the event of intent and gross negligence.
3. Otherwise, the hostel is only liable – except in cases of intent and gross negligence – in the event of a breach of essential contractual obligations and limited to the respective coverage of the business liability insurance.
4. Should faults or defects occur in the hostel’s services, the hostel will endeavor to remedy the situation as soon as it becomes aware of it or if notified without delay by the customer. The customer is obliged to do what is reasonable to remedy the fault and to keep any damage to a minimum.
VIII. Obligation to cooperate
The guest is obliged to immediately inform the hostel staff of any complaints. They are instructed to take remedial action if possible. If the guest culpably neglects to report a defect, the right to reduction does not apply.
IX. Final Provisions
1. Amendments or supplements to the contract, to the acceptance of the agreement or these Terms and Conditions for hostel accommodation must be made in writing by the customer and confirmed in writing by the hostel. Unilateral amendments or supplements by the customer are invalid.
2. The place of fulfillment and payment is the seat of the hostel.
3. The exclusive place of jurisdiction in commercial transactions – also for check and exchange disputes – is the seat of the hostel. If a contractual partner meets the requirements of Section 38 (2) ZPO (German Code of Civil Procedure) and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the seat of the hostel.
4. German law applies. The application of the UN sales law and the conflict of laws is excluded.
5. Should individual provisions of these General Terms and Conditions for hostel admission be or become ineffective or void, this does not affect the effectiveness of the remaining provisions. In addition, the statutory provisions apply.
As of May 2020
The house rules are part of the terms and conditions. If the house rules are violated, the hostel is entitled to terminate the accommodation contract without notice.
It is not allowed to invite guests to the hostel (neither in the rooms nor in the common areas).
Please be considerate of the other guests. Our hostel is small and the room, kitchen, bathroom and common room are close together.
After 10 p.m. converse only at low volume and please DO NOT play the piano anymore (otherwise you are very welcome to do so!).
We also don’t want to overtax our neighbors’ patience. Therefore, after 10 p.m. please only converse in a low voice in front of the house and in the yard.
We are a NON-SMOKING HOSTEL, we are sorry, dear smokers, but please go outside to smoke … In case of violation, 50 € will be charged.
Please switch off the light in the common rooms and rooms when leaving
The kitchen is there for everyone and you are welcome to use it – but please clean it after use and put things back in their places
CHECK-OUT is by 11 a.m. You are welcome to stay longer in the hostel, but so that we can clean rooms and showers, you have to leave the rooms and bathrooms by 11:00 a.m.
If you want to stay longer, please clarify this in advance at the reception.
For your own safety: Do not leave valuables in the rooms.
Thank you very much and enjoy your time in our hostel
Yours Brickstone Hostel Team!