Imprint & General Terms and Conditions HOSTEL KÖLN

 

Imprint

 

According to Article 5 TMG:

Hostel Köln GmbH
Marsilstein 29
50676 Köln

Represented by:

Responsible for content
in accordance with Article 55 para. 2 RStV:

Elmar Nyhuis
HOSTELmanager

Contact:

Telephone: +49 (0)221 998 776 0
Fax: +49 (0)221 998 776 55
E-Mail: willkommen@hostel.ag

Registration:

Registration in the commercial register: Cologne
Registry court: Cologne District Court
registration number: HRB 64 281

Reference to EU dispute resolution

The European Commission provides a platform for online dispute settlement (OS): http://ec.europa.eu/consumers/odr
Our e-mail address can be found at the top of the imprint.

Resource: https://www.e-recht24.de








Picture Credit:

Hostel Köln, Fotolia (52265695 – Group people in summer outdoor. © Gennadiy Poznyakov, 111175753 – Aerial view over the Rhine River with cruise ship in Cologne, Germany
© ake1150, 121374822 – Cologne Oldtown Panorama © rcfotostock, 120809336 – Köln Dom mit Brücke © pixelliebe, love locks at the Hohenzollern Bridge in Cologne/ Germany 135610160 – love locks at the Hohenzollern Bridge in Cologne/ Germany, © Björn Wylezich, Liebe Zeichen vor Kölner Dom 89464899 – Liebe Zeichen vor Kölner Dom © Sandra Pohl, 81183273 – Frauen machen Foto vor Photobooth © Christian Schwier, Selfie of young smiling teenagers having fun together 134254973 – Selfie of young smiling teenagers having fun together © deagreez)

Privacy Policy

Privacy Policy

1. An overview of data protection

General

The following gives a simple overview of what happens to your personal information when you visit our website. Personal information is any data with which you could be personally identified. Detailed information on the subject of data protection can be found in our privacy policy found below.

Data collection on our website

Who is responsible for the data collection on this website?

The data collected on this website are processed by the website operator. The operator’s contact details can be found in the website’s required legal notice.

How do we collect your data?

Some data are collected when you provide it to us. This could, for example, be data you enter on a contact form.

Other data are collected automatically by our IT systems when you visit the website. These data are primarily technical data such as the browser and operating system you are using or when you accessed the page. These data are collected automatically as soon as you enter our website.

What do we use your data for?

Part of the data is collected to ensure the proper functioning of the website. Other data can be used to analyze how visitors use the site.

What rights do you have regarding your data?

You always have the right to request information about your stored data, its origin, its recipients, and the purpose of its collection at no charge. You also have the right to request that it be corrected, blocked, or deleted. You can contact us at any time using the address given in the legal notice if you have further questions about the issue of privacy and data protection. You may also, of course, file a complaint with the competent regulatory authorities.

Analytics and third-party tools

When visiting our website, statistical analyses may be made of your surfing behavior. This happens primarily using cookies and analytics. The analysis of your surfing behavior is usually anonymous, i.e. we will not be able to identify you from this data. You can object to this analysis or prevent it by not using certain tools. Detailed information can be found in the following privacy policy.

You can object to this analysis. We will inform you below about how to exercise your options in this regard.

2. General information and mandatory information

Data protection

The operators of this website take the protection of your personal data very seriously. We treat your personal data as confidential and in accordance with the statutory data protection regulations and this privacy policy.

If you use this website, various pieces of personal data will be collected. Personal information is any data with which you could be personally identified. This privacy policy explains what information we collect and what we use it for. It also explains how and for what purpose this happens.

Please note that data transmitted via the internet (e.g. via email communication) may be subject to security breaches. Complete protection of your data from third-party access is not possible.

Notice concerning the party responsible for this website

The party responsible for processing data on this website is:

Vertreten durch Elmar Nyhuis
Hostel Köln GmbH
Marsilstein 29
50676 Köln

Telephone: +49 (0)221 998 776 0
Email: willkommen@hostel.ag

The responsible party is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data (names, email addresses, etc.).

Revocation of your consent to the processing of your data

Many data processing operations are only possible with your express consent. You may revoke your consent at any time with future effect. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.

Right to file complaints with regulatory authorities

If there has been a breach of data protection legislation, the person affected may file a complaint with the competent regulatory authorities. The competent regulatory authority for matters related to data protection legislation is the data protection officer of the German state in which our company is headquartered. A list of data protection officers and their contact details can be found at the following link: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.

Right to data portability

You have the right to have data which we process based on your consent or in fulfillment of a contract automatically delivered to yourself or to a third party in a standard, machine-readable format. If you require the direct transfer of data to another responsible party, this will only be done to the extent technically feasible.

SSL or TLS encryption

This site uses SSL or TLS encryption for security reasons and for the protection of the transmission of confidential content, such as the inquiries you send to us as the site operator. You can recognize an encrypted connection in your browser’s address line when it changes from “http://” to “https://” and the lock icon is displayed in your browser’s address bar.

If SSL or TLS encryption is activated, the data you transfer to us cannot be read by third parties.

Encrypted payments on this website

If you enter into a contract which requires you to send us your payment information (e.g. account number for direct debits), we will require this data to process your payment.

Payment transactions using common means of payment (Visa/MasterCard, direct debit) are only made via encrypted SSL or TLS connections. You can recognize an encrypted connection in your browser’s address line when it changes from “http://” to “https://” and the lock icon in your browser line is visible.

In the case of encrypted communication, any payment details you submit to us cannot be read by third parties.

Information, blocking, deletion

As permitted by law, you have the right to be provided at any time with information free of charge about any of your personal data that is stored as well as its origin, the recipient and the purpose for which it has been processed. You also have the right to have this data corrected, blocked or deleted. You can contact us at any time using the address given in our legal notice if you have further questions on the topic of personal data.

Opposition to promotional emails

We hereby expressly prohibit the use of contact data published in the context of website legal notice requirements with regard to sending promotional and informational materials not expressly requested. The website operator reserves the right to take specific legal action if unsolicited advertising material, such as email spam, is received.

3. Data collection on our website

Cookies

Some of our web pages use cookies. Cookies do not harm your computer and do not contain any viruses. Cookies help make our website more user-friendly, efficient, and secure. Cookies are small text files that are stored on your computer and saved by your browser.

Most of the cookies we use are so-called “session cookies.” They are automatically deleted after your visit. Other cookies remain in your device’s memory until you delete them. These cookies make it possible to recognize your browser when you next visit the site.

You can configure your browser to inform you about the use of cookies so that you can decide on a case-by-case basis whether to accept or reject a cookie. Alternatively, your browser can be configured to automatically accept cookies under certain conditions or to always reject them, or to automatically delete cookies when closing your browser. Disabling cookies may limit the functionality of this website.

Cookies which are necessary to allow electronic communications or to provide certain functions you wish to use (such as the shopping cart) are stored pursuant to Art. 6 paragraph 1, letter f of DSGVO. The website operator has a legitimate interest in the storage of cookies to ensure an optimized service provided free of technical errors. If other cookies (such as those used to analyze your surfing behavior) are also stored, they will be treated separately in this privacy policy.

Server log files

The website provider automatically collects and stores information that your browser automatically transmits to us in “server log files”. These are:

  • Browser type and browser version
  • Operating system used
  • Referrer URL
  • Host name of the accessing computer
  • Time of the server request
  • IP address

These data will not be combined with data from other sources.

The basis for data processing is Art. 6 (1) (f) DSGVO, which allows the processing of data to fulfill a contract or for measures preliminary to a contract.

Contact form

Should you send us questions via the contact form, we will collect the data entered on the form, including the contact details you provide, to answer your question and any follow-up questions. We do not share this information without your permission.

We will, therefore, process any data you enter onto the contact form only with your consent per Art. 6 (1)(a) DSGVO. You may revoke your consent at any time. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.

We will retain the data you provide on the contact form until you request its deletion, revoke your consent for its storage, or the purpose for its storage no longer pertains (e.g. after fulfilling your request). Any mandatory statutory provisions, especially those regarding mandatory data retention periods, remain unaffected by this provision.

Processing of data (customer and contract data)

We collect, process, and use personal data only insofar as it is necessary to establish, or modify legal relationships with us (master data). This is done based on Art. 6 (1) (b) DSGVO, which allows the processing of data to fulfill a contract or for measures preliminary to a contract. We collect, process and use your personal data when accessing our website (usage data) only to the extent required to enable you to access our service or to bill you for the same.

Collected customer data shall be deleted after completion of the order or termination of the business relationship. Legal retention periods remain unaffected.

Data transmitted when entering into a contract with online shops, retailers, and mail order

We transmit personally identifiable data to third parties only to the extent required to fulfill the terms of your contract, for example, to companies entrusted to deliver goods to your location or banks entrusted to process your payments. Your data will not be transmitted for any other purpose unless you have given your express permission to do so. Your data will not be disclosed to third parties for advertising purposes without your express consent.

The basis for data processing is Art. 6 (1) (b) DSGVO, which allows the processing of data to fulfill a contract or for measures preliminary to a contract.

4. Social media

Facebook plugins (Like & Share buttons)

Our website includes plugins for the social network Facebook, Facebook Inc., 1 Hacker Way, Menlo Park, California 94025, USA. The Facebook plugins can be recognized by the Facebook logo or the Like button on our site. For an overview of Facebook plugins, see https://developers.facebook.com/docs/plugins/.

When you visit our site, a direct connection between your browser and the Facebook server is established via the plugin. This enables Facebook to receive information that you have visited our site from your IP address. If you click on the Facebook “Like button” while you are logged into your Facebook account, you can link the content of our site to your Facebook profile. This allows Facebook to associate visits to our site with your user account. Please note that, as the operator of this site, we have no knowledge of the content of the data transmitted to Facebook or of how Facebook uses these data. For more information, please see Facebook’s privacy policy at https://de-de.facebook.com/policy.php.

If you do not want Facebook to associate your visit to our site with your Facebook account, please log out of your Facebook account.

Twitter plugin

Functions of the Twitter service have been integrated into our website and app. These features are offered by Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA. When you use Twitter and the “Retweet” function, the websites you visit are connected to your Twitter account and made known to other users. In doing so, data will also be transferred to Twitter. We would like to point out that, as the provider of these pages, we have no knowledge of the content of the data transmitted or how it will be used by Twitter. For more information on Twitter’s privacy policy, please go to https://twitter.com/privacy.

Your privacy preferences with Twitter can be modified in your account settings at https://twitter.com/account/settings.

Google+ plugin

Our pages use Google+ functions. It is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

Collection and disclosure of information: Using the Google +1 button allows you to publish information worldwide. By means of the Google+ button, you and other users can receive custom content from Google and our partners. Google stores both the fact that you have +1’d a piece of content and information about the page you were viewing when you clicked +1. Your +1 can be displayed together with your profile name and photo in Google services, for example in search results or in your Google profile, or in other places on websites and advertisements on the Internet.

Google records information about your +1 activities to improve Google services for you and others. To use the Google + button, you need a globally visible, public Google profile that must contain at least the name chosen for the profile. This name is used by all Google services. In some cases, this name may also replace a different name that you have used to share content via your Google account. The identity of your Google profile can be shown to users who know your email address or other information that can identify you.

Use of collected data: In addition to the uses mentioned above, the information you provide is used in accordance with the applicable Google data protection policies. Google may publish summary statistics about users’ +1 activity or share it with users and partners, such as publishers, advertisers, or affiliate websites.

5. Analytics and advertising

Google Analytics

This website uses Google Analytics, a web analytics service. It is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

Google Analytics uses so-called “cookies”. These are text files that are stored on your computer and that allow an analysis of the use of the website by you. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there.

Google Analytics cookies are stored based on Art. 6 (1) (f) DSGVO. The website operator has a legitimate interest in analyzing user behavior to optimize both its website and its advertising.

IP anonymization

We have activated the IP anonymization feature on this website. Your IP address will be shortened by Google within the European Union or other parties to the Agreement on the European Economic Area prior to transmission to the United States. Only in exceptional cases is the full IP address sent to a Google server in the US and shortened there. Google will use this information on behalf of the operator of this website to evaluate your use of the website, to compile reports on website activity, and to provide other services regarding website activity and Internet usage for the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with any other data held by Google.

Browser plugin

You can prevent these cookies being stored by selecting the appropriate settings in your browser. However, we wish to point out that doing so may mean you will not be able to enjoy the full functionality of this website. You can also prevent the data generated by cookies about your use of the website (incl. your IP address) from being passed to Google, and the processing of these data by Google, by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en.

Objecting to the collection of data

You can prevent the collection of your data by Google Analytics by clicking on the following link. An opt-out cookie will be set to prevent your data from being collected on future visits to this site: Disable Google Analytics.

For more information about how Google Analytics handles user data, see Google’s privacy policy: https://support.google.com/analytics/answer/6004245?hl=en.

Outsourced data processing

We have entered into an agreement with Google for the outsourcing of our data processing and fully implement the strict requirements of the German data protection authorities when using Google Analytics.

Demographic data collection by Google Analytics

This website uses Google Analytics’ demographic features. This allows reports to be generated containing statements about the age, gender, and interests of site visitors. This data comes from interest-based advertising from Google and third-party visitor data. This collected data cannot be attributed to any specific individual person. You can disable this feature at any time by adjusting the ads settings in your Google account or you can forbid the collection of your data by Google Analytics as described in the section “Refusal of data collection”.

Google Analytics Remarketing

Our websites use the features of Google Analytics Remarketing combined with the cross-device capabilities of Google AdWords and DoubleClick. This service is provided by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA.

This feature makes it possible to link target audiences for promotional marketing created with Google Analytics Remarketing to the cross-device capabilities of Google AdWords and Google DoubleClick. This allows advertising to be displayed based on your personal interests, identified based on your previous usage and surfing behavior on one device (e.g. your mobile phone), on other devices (such as a tablet or computer).

Once you have given your consent, Google will associate your web and app browsing history with your Google Account for this purpose. That way, any device that signs in to your Google Account can use the same personalized promotional messaging.

To support this feature, Google Analytics collects Google-authenticated IDs of users that are temporarily linked to our Google Analytics data to define and create audiences for cross-device ad promotion.

You can permanently opt out of cross-device remarketing/targeting by turning off personalized advertising in your Google Account; follow this link: https://www.google.com/settings/ads/onweb/.

The aggregation of the data collected in your Google Account data is based solely on your consent, which you may give or withdraw from Google per Art. 6 (1) (a) DSGVO. For data collection operations not merged into your Google Account (for example, because you do not have a Google Account or have objected to the merge), the collection of data is based on Art. 6 (1) (f) DSGVO. The website operator has a legitimate interest in analyzing anonymous user behavior for promotional purposes.

For more information and the Google Privacy Policy, go to: https://www.google.com/policies/technologies/ads/.

Google AdWords and Google Conversion Tracking

This website uses Google AdWords. AdWords is an online advertising program from Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, United States (“Google”).

As part of Google AdWords, we use so-called conversion tracking. When you click on an ad served by Google, a conversion tracking cookie is set. Cookies are small text files that your internet browser stores on your computer. These cookies expire after 30 days and are not used for personal identification of the user. Should the user visit certain pages of the website and the cookie has not yet expired, Google and the website can tell that the user clicked on the ad and proceeded to that page.

Each Google AdWords advertiser has a different cookie. Thus, cookies cannot be tracked using the website of an AdWords advertiser. The information obtained using the conversion cookie is used to create conversion statistics for the AdWords advertisers who have opted for conversion tracking. Customers are told the total number of users who clicked on their ad and were redirected to a conversion tracking tag page. However, advertisers do not obtain any information that can be used to personally identify users. If you do not want to participate in tracking, you can opt-out of this by easily disabling the Google Conversion Tracking cookie by changing your browser settings. In doing so, you will not be included in the conversion tracking statistics.

Conversion cookies are stored based on Art. 6 (1) (f) DSGVO. The website operator has a legitimate interest in analyzing user behavior to optimize both its website and its advertising.

For more information about Google AdWords and Google Conversion Tracking, see the Google Privacy Policy: https://www.google.de/policies/privacy/.

You can configure your browser to inform you about the use of cookies so that you can decide on a case-by-case basis whether to accept or reject a cookie. Alternatively, your browser can be configured to automatically accept cookies under certain conditions or to always reject them, or to automatically delete cookies when closing your browser. Disabling cookies may limit the functionality of this website.

Google reCAPTCHA

We use “Google reCAPTCHA” (hereinafter “reCAPTCHA”) on our websites. This service is provided by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (“Google”).

reCAPTCHA is used to check whether the data entered on our website (such as on a contact form) has been entered by a human or by an automated program. To do this, reCAPTCHA analyzes the behavior of the website visitor based on various characteristics. This analysis starts automatically as soon as the website visitor enters the website. For the analysis, reCAPTCHA evaluates various information (e.g. IP address, how long the visitor has been on the website, or mouse movements made by the user). The data collected during the analysis will be forwarded to Google.

The reCAPTCHA analyses take place completely in the background. Website visitors are not advised that such an analysis is taking place.

Data processing is based on Art. 6 (1) (f) DSGVO. The website operator has a legitimate interest in protecting its site from abusive automated crawling and spam.

For more information about Google reCAPTCHA and Google’s privacy policy, please visit the following links: https://www.google.com/intl/de/policies/privacy/ and https://www.google.com/recaptcha/intro/android.html.

Facebook Pixel

Our website measures conversions using visitor action pixels from Facebook, Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”).

These allow the behavior of site visitors to be tracked after they click on a Facebook ad to reach the provider’s website. This allows an analysis of the effectiveness of Facebook advertisements for statistical and market research purposes and their future optimization.

The data collected is anonymous to us as operators of this website and we cannot use it to draw any conclusions about our users’ identities. However, the data are stored and processed by Facebook, which may make a connection to your Facebook profile and which may use the data for its own advertising purposes, as stipulated in the Facebook privacy policy. This will allow Facebook to display ads both on Facebook and on third-party sites. We have no control over how this data is used.

Check out Facebook’s privacy policy to learn more about protecting your privacy: https://www.facebook.com/about/privacy/.

You can also deactivate the custom audiences remarketing feature in the Ads Settings section at https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen. You will first need to log into Facebook.

If you do not have a Facebook account, you can opt out of usage-based advertising from Facebook on the website of the European Interactive Digital Advertising Alliance: http://www.youronlinechoices.com/de/praferenzmanagement/.

6. Newsletter

Newsletter data

If you would like to receive our newsletter, we require a valid email address as well as information that allows us to verify that you are the owner of the specified email address and that you agree to receive this newsletter. No additional data is collected or is only collected on a voluntary basis. We only use this data to send the requested information and do not pass it on to third parties.

We will, therefore, process any data you enter onto the contact form only with your consent per Art. 6 (1) (a) DSGVO. You can revoke consent to the storage of your data and email address as well as their use for sending the newsletter at any time, e.g. through the “unsubscribe” link in the newsletter. The data processed before we receive your request may still be legally processed.

The data provided when registering for the newsletter will be used to distribute the newsletter until you cancel your subscription when said data will be deleted. Data we have stored for other purposes (e.g. email addresses for the members area) remain unaffected.

7. Plugins and tools

YouTube

Our website uses plugins from YouTube, which is operated by Google. The operator of the pages is YouTube LLC, 901 Cherry Ave., San Bruno, CA 94066, USA.

If you visit one of our pages featuring a YouTube plugin, a connection to the YouTube servers is established. Here the YouTube server is informed about which of our pages you have visited.

If you’re logged in to your YouTube account, YouTube allows you to associate your browsing behavior directly with your personal profile. You can prevent this by logging out of your YouTube account.

YouTube is used to help make our website appealing. This constitutes a justified interest pursuant to Art. 6 (1) (f) DSGVO.

Further information about handling user data, can be found in the data protection declaration of YouTube under https://www.google.de/intl/de/policies/privacy.

Google Maps

This site uses the Google Maps map service via an API. It is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

To use Google Maps, it is necessary to save your IP address. This information is generally transmitted to a Google server in the USA and stored there. The provider of this site has no influence on this data transfer.

The use of Google Maps is in the interest of making our website appealing and to facilitate the location of places specified by us on the website. This constitutes a justified interest pursuant to Art. 6 (1) (f) DSGVO.

Further information about handling user data, can be found in the data protection declaration of Google at https://www.google.de/intl/de/policies/privacy/.

HOSTELrules
General Terms and Conditions

Download as PDF

I. Scope of Application

  1. These Terms and Conditions govern contracts for the rental use of HOSTEL rooms for lodging
    purposes (HOSTEL Accommodation Contracts) as well as all other goods and services rendered to
    customers by HOSTEL KÖLN GmbH (hereinafter “HOSTEL ”).
  2. Deviating terms and conditions as these may be contained in the general terms and conditions
    of guests or ordering parties shall apply only subject to HOSTEL ’s prior written consent.

II. Conclusion of Contract

  1. Following a guest’s reservation request, a HOSTEL Accommodation Contract (hereinafter “Contract”) shall come into force upon the HOSTEL ’s confirmation of a reservation. Together with the confirmation of the reservation, these General Terms and Conditions and the respective house rules shall be deemed accepted.
  2. The parties to a Contract shall be HOSTEL and the guest. If a third party placed the order on behalf of the guest, that third party shall be liable vis-à-vis HOSTEL for all obligations arising from Contract as a joint and several debtor together with the guest provided HOSTEL has received a statement by the third party to this effect. In addition, every third party placing an order shall forward all information relevant to the reservation, including but not limited to these General Terms and Conditions and the respective house rules to the guest.
  3. If rooms provided are to be sublet or rented to any other party or used for other than lodging purposes this shall be permitted only subject to HOSTEL ‘s prior written consent.
  4. Reservations may be made only be persons having full legal capacity.

 

III. Services, Rates, Payment

  1. HOSTEL agrees to keep the rooms booked by a guest available in accordance with these General Terms and Conditions and to render the services agreed upon.
  2. HOSTEL shall be entitled for cause (e.g., if accommodation cannot be provided at the HOSTEL mbooked) to accommodate guests at the rate as booked at another HOSTEL , hotel and/or boarding house of comparable equipment and performance with no recourse claims against HOSTEL arising therefrom to the guest.
  3. The guest agrees to pay the applicable or agreed rates of HOSTEL for the rooms provided and other services used or booked. This shall also apply in respect of services rendered to and expenses incurred for any third party by HOSTEL upon the guest’s instigation.
  4. Any rate agreed upon shall include the applicable value-added tax as required by law. If the value-added tax is increased, any rate previously agreed upon may be adjusted in line with any such increase.
  5. Furthermore, HOSTEL may charge different rates if a guest later wishes to amend the number of rooms reserved, the HOSTEL ’s services, or the length of guests’ stay previously agreed upon and HOSTEL consents.
  6. HOSTEL ’s invoices not showing a due date shall be payable and due in full immediately upon receipt. A guest shall be in default if he or she fails to effect payment no later than 14 days of the due date and receipt of the invoice; however, this shall apply to guests who are end users only provided that the invoice contains a special note indicating this consequence. If a guest who is an end user is in default of payment, HOSTEL shall be entitled to charge such guest default interest at a rate of 5% over and above the base interest rate. In transactions involving commercial customers, the default interest rate charged shall be 8% over and above the base interest rate. HOSTEL reserves the right to claim damages in excess of the above. For each reminder sent to a customer in default, HOSTEL shall be entitled to charge a reminder fee of EUR 5.00.
  7. HOSTEL shall be entitled to require a reasonable advance payment or security deposit upon conclusion of Contract or thereafter. The amount of the advance payment and its due date may be agreed upon in writing in Contract.
  8. For periods of trade fairs or other events, security for any reservation shall be provided in the
    form of a credit card guarantee..
  9. Unless otherwise provided herein, groups composed of 12 individuals or more shall make a down payment of 30% of the total amount of the reservation, due and payable 4 weeks of the confirmation of reservation. No down payment shall be required for group reservations made at short notice, i.e. within 8 weeks before arrival, and the full amount of the reservation shall become due and payable immediately upon confirmation of the reservation.
  10. Unless otherwise agreed, the total rate (less advance payment, if any) as shown on a detailed invoice shall become due and payable upon arrival.
  11. The guest shall be entitled to set off in full or in part HOSTEL ’s claims only against undisputed
    or legally enforceable counterclaims.

 

IV. Guest’s Rescission of Contract (Cancellation, Annulment, Non-Utilization of HOSTEL Services Booked)

HOSTEL grants guests the right to withdraw from Contract at any time. This shall be subject to
the following provisions:

i. Groups of individual travelers up to and including 11 persons:

As a rule, reservations may be cancelled free of charge if made no later than 6 p.m. on the day before the expected arrival. For cancellations made at short notice after 6 p.m. on the date of arrival or a no-show, HOSTEL will charge a cancellation fee of 80% of the agreed accommodation rate for the first overnight stay. For periods of trade fairs or other events, reservations may usually be cancelled free of charge up to 7 days before the arrival date.
It is up to the guest to prove that HOSTEL did not suffer any damage at all or significantly less damage.

Reservations for groups of 12 persons or more:

  1. A cancellation deadline of 60 days shall apply to end-users as well as to their brokering
    individuals / organizations. This deadline shall also apply to contracts concluded within this
    deadline. Guests canceling reservations within this cancellation deadline shall pay
    cancellation fees as follows:
  • for any cancellation made 59 to 30 days before the arrival date, 30% of the total rate agreed.
  • for any cancellation made 29 to 10 days before the arrival date, 50% of the total rate agreed.
  • for any cancellation made 9 to 1 day(s) before the arrival date, 90 % of the total rate agreed.
  • for any cancellation made on the arrival date or any no-show, HOSTEL will charge 100% of the total rate agreed.

In the event that the number of persons is reduced by no less than 10% within this cancellation deadline, the above cancellation fees shall apply; if the reduction in the number of persons is less than 10%, cancellation up to 1 day before the arrival date shall be free of charge.

Cancellation of booked meals made no later than 8 days before the arrival date shall be free of charge. Thereafter, HOSTEL will charge a cancellation fee of 100% of the total rate agreed.

It shall be up to the guest to prove that HOSTEL did not suffer any damage at all or less damage than the lump sum compensation claimed.

The above provisions relating to damages shall apply mutatis mutandis unless the parties have agreed upon special terms and conditions (e.g., for reservations for special dates) upon conclusion of Contract.

Customer’s withdrawal from Contract concluded with HOSTEL shall be valid only if made in writing and shall be subject to HOSTEL ‘s written consent. Failing such consent, the rate as agreed in Contract shall be due even if the guest does not avail himself of the contractual services.

 

V. Rescission by Hostel

1. If an advance payment or security deposit agreed upon in accordance with Clause III (7) and (8) hereinbefore is not effected within the stipulated period, HOSTEL shall be entitled to rescind Contract.

2. Furthermore, HOSTEL shall be entitled to rescind Contract for cause, with such cause including, but not being limited to the following:

  1. force majeure or any other circumstance beyond HOSTEL ’s control that renders performance of Contract impossible;
  2. rooms booked using material misrepresentations, e.g., regarding a guest’s identity or the purpose of the reservation;
  3. reasonable cause for HOSTEL to believe that the guest’s using HOSTEL services may jeopardize HOSTEL ’s smooth operation or safety or compromise HOSTEL ‘s reputation, while this is beyond its control and organizational sphere;
  4. unauthorized subletting or renting of rooms to another party in accordance with Clause II (3) hereinbefore;
  5. a case as specified in Clause VI (3) herein below;

3. If HOSTEL exercises its right of rescission, it shall inform the guest thereof in writing without delay.

4. The guest shall not derive a claim for damages in the above cases of rescission.

VI. Arrival and Departure

  1. The guest shall have no claim to be provided a specific room or rooms unless HOSTEL has confirmed the reservation of a specific room or rooms in writing. In the case of reservations for groups of 12 people or more, HOSTEL is free to decide the allocation of rooms to the guests.
    However, HOSTEL will try to accommodate the guests’ requests as far as possible. The exact allocation of rooms (single, double, dormitory rooms) shall be specified in the confirmation of reservation.
  2. Booked rooms shall be available to guests starting at 3.00 p.m. on the agreed arrival date. Guests shall have no claim to access before this time.
  3. Unless otherwise agreed upon, guests shall check into their booked rooms no later than 6.00 p.m. on the agreed arrival date. Unless guests have guaranteed a reservation by credit card or advance payment, HOSTEL reserves the right to let booked rooms to a third party after 6.00 p.m. without any claim for damages arising therefrom to the guests. Insofar, HOSTEL shall have a right of rescission..
  4. Guests shall vacate their rooms no later than 11.00 a.m. on the agreed departure date. T hereafter, HOSTEL shall be entitled to charge 70% of the valid and full accommodation rate (list price) for use exceeding the contract term for rooms vacated before 6.00 p.m. and 100% of the valid and full accommodation rate (list price) for rooms vacated after 6.00 p.m. This shall not give rise to any claims of the customer based on contract.
  5. In the cases of groups composed of 12 persons or more, HOSTEL shall receive a list of all group members, including their full names, contact information and dates of birth no later than upon their arrival.
  6. In the event that the total number of guests arriving exceeds the number of guests agreed upon, the additional guests shall have no claim to accommodation.

 

VII. Other Provisions:

  • The house rules, as amended, which can be downloaded from HOSTEL ’s website or requested from HOSTEL , shall be an integral part of every HOSTEL Accommodation Contract. Groups composed of 12 persons or more shall sign the house rules no later than upon their arrival.
  • Minors are permitted to stay overnight at HOSTEL only if accompanied by no less than one person of legal age or upon submission of a declaration of consent issued by a parent or guardian.
  • Pets are admitted only subject to prior arrangement.
  • In the case of reservations including breakfast, breakfast will be served in the morning following each overnight stay. In the case of reservations including half board, the first meal served will be dinner and the last meal served will be breakfast. Additional meals (e.g., in case of early arrival or late departure) are available on request and will be charged separately. Meal times for groups will be fixed no later than upon the group’s arrival.

 

VIII. Liability and Limitation of Action

  •  Guests shall be liable for any damage to or loss of inventory caused culpably or negligently as
    well as for heavy soiling. If the culprit within a group cannot be identified, all group members
    shall be jointly and severally liable. HOSTEL reserves the right to require a deposit of EUR 10.00
    per person upon a group’s arrival, but no more than EUR 500.00 per group, with such deposit to
    be repaid unless HOSTEL suffered damage or loss from the group.
  • HOSTEL shall be liable for acting with the due care and diligence of a prudent merchant in
  • meeting its obligations under the HOSTEL Accommodation Contract. Customers shall have
    no claims for damages. This shall apply with the exception of damage or loss caused by
    injuries to life, limb or health if HOSTEL is accountable for such injury, any other damage caused
    by HOSTEL ’s willful or grossly negligent breach of duty, or damage or loss caused by a willful
    or negligent breach of HOSTEL ’s obligations as are typical of Contract. A breach of duty by
    HOSTEL shall be the same as one committed by its legal representative, employee or
    vicarious agent.
    In the event of a defect or default in HOSTEL ‘s performance, HOSTEL shall try to take corrective
    action without delay upon a customer’s complaint. If a guest culpably fails to notify HOSTEL of
    any such defect or default in performance, the guest shall have no claim to a reduction of the
    contractually agreed remuneration
    3. No liability accepted for valuables kept in rooms. Therefore, we strongly recommend that
    valuables be stored in the safe box at the reception desk. This service is free of charge.
    4. If guests are provided a parking space for valuable consideration or for free in HOSTEL ’s parking
    garage or on HOSTEL ’s parking lot, this shall not constitute a safekeeping agreement. HOSTEL
    shall not be under any obligation to guard such parking facility. HOSTEL shall be liable for loss
    of or damage to motor vehicles and their contents parked or maneuvered on HOSTEL ’s premises
    only if such loss or damage is caused willfully or by gross negligence by HOSTEL , its legal
    representatives, or its vicarious agents. In this case, claims for damages against HOSTEL shall be
    asserted no later than upon leaving HOSTEL ’s premises.
  • 5. HOSTEL shall meet requests for wake-up calls with the greatest possible care. Claims for
    damages other than those based on gross negligence or intent shall be excluded.
    6. Messages, mail and deliveries of goods for guests shall be handled with care. HOSTEL agrees
    to deliver, hold and – on request and for a consideration – forward such items as well as well as
    lost property (on request). Claims for damages other than those based on gross negligence or
    intent shall be excluded. After keeping the above items for no more than one month, HOSTEL
    shall be entitled to turn such items over to the local lost and found office and charge a reasona
    ble fee therefor.
    7. Guests’ claims for damages shall become time-barred no later than two years of the date on
    which a guest became aware of a damage suffered, or, irrespective of the date of the guest
    becoming aware of the damage, no later than three years of the date of the damaging event, as
    the case may be. This shall apply with the exception of liability for damage caused by injury to
    life, limb, or health and other damage caused by a breach of duty committed willfully or by
    gross negligence by HOSTEL , its legal representative or its vicarious agent.

 

IX. Miscellaneous Provisions

  • Amendments of and supplements to Contract, the acceptance of requests, or these General
    T erms and Conditions of HOSTEL Accommodation shall be valid only if made in writing.
    Any unilateral amendment or supplement made by the customer shall be invalid.
    2. The place of performance and the place of payment shall be the location of HOSTEL ’s
    registered office.
    3. The courts having venue for the place of HOSTEL ‘s registered office shall have exclusive
    jurisdiction over all controversies, including controversies about checks or bills of exchange,
    arising in commercial transactions. If a contracting party does not have a place of general
    jurisdiction in Germany, the courts having venue for the place of HOSTEL ’s registered office
    shall have jurisdiction over all controversies arising. However, HOSTEL shall be entitled to bring
    any action and other court proceedings also before a court having general venue for the guest.
    4. These General Terms and Conditions of HOSTEL Accommodation Contracts of HOSTEL KÖLN
    GmbH shall be governed by the laws of the Federal Republic of Germany. This shall apply to the
    exclusion of the UN Uniform Law on the Sale of Goods and the conflict of laws rules.
    5. In the event that any provision of these General Terms and Conditions of HOSTEL
    Accommodation Contracts is or becomes invalid or unenforceable, such invalidity or
    unenforceability shall not affect the remainder hereof. Apart from the above, the statutory
    provisions shall also apply.
HOSTEL KÖLN GmbH
Marsilstein 29
50676 Köln

+49 (0)221 998 776 0
willkommen@hostel.ag
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