General Terms and Conditions
General Terms and Conditions (GTC) for the aletto hotels hotel accommodation contract, as at 16/12/2011
1. Area of application:
a) These Terms and Conditions apply to all contracts governing the rental of hotel and hostel rooms, as well as to any further services and deliveries made to or on behalf of customers by the following hotels:
- aletto Youth Hotel Schöneberg: aletto Jugendhotel GbR, Grunewaldstraße 33, 10823 Berlin
- aletto Youth Hotel Kreuzberg: aletto Jugendhotel GbR, Tempelhofer Ufer 8-9, 10963 Berlin
- aletto Kudamm Hotel & Hostel: aletto Kudamm GmbH, Hardenbergstraße 21, 10623 Berlin
b) Any subletting of the rooms rented and any use other than for accommodation purposes require the prior written consent of the relevant aletto hotel.
c) Any terms and conditions on the part of the customer will only apply, if these were agreed in writing, in advance.
2. Conclusion of contract, partner's liability, statute of limitations:
a) This contract is created once the aletto hotel in question accepts the customer's request. aletto Hotels has the right to confirm the room booking in writing.
b) The contractual partners are the aletto hotel in question and the customer. If a third party made the booking on behalf of the customer, he is jointly and severally liable - together with the customer - vis-à-vis the hotel for all obligations ensuing from the hotel/hostel accommodation contract, insofar as the hotel is in possession of a statement to that effect made by the third party.
c) The hotel is liable for all of its obligations ensuing from the contract. In the case of atypical services, liability is limited to the intent and gross negligence of the hotel.
d) The period of limitation for all customer claims is 6 months.
e) This limitation of liability and short period of limitation will apply to the hotel, even in the event that it violates its obligations in respect of pre-contractual costs and positive contractual violation.
3. Services, prices, payment, settlement:
a) All aletto hotels are obligated to keep ready the room reserved by the customer and to perform the agreed services.
b) Customers are obligated to pay aletto Hotels the applicable and/or agreed price in respect of the room rental and any further services of which they availed themselves. The same applies to any aletto Hotels services or equipment to which the customer gives a third party access.
c) The agreed prices include the applicable statutory VAT. If the VAT increases, aletto Hotels can adjust the contractually agreed price to the increase. The same applies to the introduction or increase of taxes and charges directly related to the overnight stay.
d) Furthermore, the prices can be changed by aletto hotels, if the customer subsequently wishes to change the number of rooms reserved, the services performed by the hotel or the duration of the guests' stay and if the hotel agrees to this.
e) Any bills issued by aletto hotels without a due date must be paid in full within 10 days of the date on which the bill was issued. The hotel is entitled to declare any accrued claims due at any time and to demand immediate payment. If there is any default on payment, the hotel is entitled to apply the applicable statutory default interest. The customer must prove fewer damages, while the hotel must prove greater damages.
f) aletto Hotels is entitled to demand a proportionate advance payment or security payment on conclusion of the contract or thereafter, with due observance of the statutory provisions on package trips. The amount of the advance payment and the payment terms can be agreed in writing in the contract.
g) The customer can only offset or deduct undisputed or legally invalid claims from any claims made by aletto Hotels.
h) Payment on account for individual guests and private groups is only possible with the permission of aletto Hotels and on presentation of a statement of transfer of costs.
i) Any potential banking charges and costs in respect of returned direct debits are for the account of the customer.
4. Rescission by customer (cancellation, et al) non-use of the reserved services of aletto Hotels (no show, et al):
4.1 Individual travellers (fewer than 15 persons):
- Unless otherwise agreed, the reservation can be cancelled free of charge until 18:00 on the day prior to arrival.
- In the event of a no-show for a guaranteed booking or in the event of cancellation after 18:00 on the day prior to arrival, we will charge 90% of the contractually agreed price for the first overnight stay.
4.2 Groups (from 15 persons):
- Unless otherwise agreed, the reservation can be cancelled free of charge up until 8 weeks prior to arrival. After that the following cancellation fees will be charged:
- up until 4 weeks prior to arrival 30% of the total cost of the booking
- up until 1 week prior to arrival 50% of the total cost of the booking
- from 6 days to 1 day prior to arrival 80% of the total cost of the booking
- on the arrival date 90% of the total cost of the booking
- If the actual number of guests is over 10 % (rounded off) less than the agreed number of guests, then the cancellation fees listed under point 4.2 apply to the remaining bed places.
a) In the case of reservations made via third parties (e.g. travel agents), the cancellation provisions published by said agent will apply.
b) Any rescission of a contract that the customer concluded with aletto Hotels must be made in writing, and it requires the written consent of aletto Hotels. If this does not happen, the price agreed in the contract must be paid, even if the customer does not avail himself of the contractual services.
c) If the customer and the hotel agreed on a contractual rescission term in writing, the customer can withdraw from the contract within said term, without incurring any payment claims or claims for damages from the hotel. The customer's right of rescission will expire, if he does not exercise his right of rescission vis-à-vis the hotel in writing within the agreed term, except in case of non-performance on the part of the hotel or an impediment to performance attributable to the hotel.
d) The customer is free to prove that no damages ensued or that the damages arising for the hotel as less than the requisite flat rate.
e) The foregoing provisions on cancellation terms and fees apply accordingly, unless special provisions were agreed on conclusion of the contract (e. g. for flat-rate packages, reservations for special occasions, on public holidays, trade fairs, etc.).
5. Cancellation by the hotel:
a) If an agreed advance payment or an advance payment required in accordance with Point 3 (f) of these General Terms and Conditions has not been made, even after an appropriate grace period set by aletto Hotels, aletto Hotels is entitled to withdraw from the contract.
b) Furthermore, the hotel is entitled to extraordinarily cancel the contract for factually justifiable reasons, e.g. if force majeure or other circumstances not attributable to the hotel make it impossible to fulfil the contract, if rooms were reserved following misleading or false statements of material facts, e.g. in the name of the customer or in terms of purpose, if the hotel has justifiable cause to believe that the use of hotel services may jeopardise smooth business operations, the hotel's safety or reputation among the public, without this being attributable to the hotel's sphere of responsibility or service branch.
c) The hotel must inform the customers immediately in writing, if it intends to exercise its right of rescission.
d) No claim for damages on the part of the customer ensues from the above-mentioned cases of rescission.
e) aletto Hotels reserves the right to book the customer into another hotel in the same city, with due observance of the standard of the room that was reserved, and to inform the customer of this. In this case the customer has the right to withdraw from the contract free of charge.
6. Room availability, transfer and return, other provisions governing hotel stay:
a) The customer does not have any right to be provided with a specific room.
b) In the case of group bookings for 12 or more persons being accommodated in rooms with more than one bed, the hotel will determine the breakdown in which guests will be accommodated, unless the hotel confirmed in writing that specific rooms would be provided.
c) Any reserved rooms will be available to customers as from 15:00 on the agreed arrival date. The customer does not have any right of access before this time.
d) Customers must avail themselves of reserved rooms by 18:00 on the agreed arrival date at the latest. If a reservation has not been guaranteed by way of an advance payment or security payment, the hotel has the right to reallocate reserved rooms after 18:00, and the customer will not be able to derive any claim for compensation from this.
e) On the date of departure, the rooms must be vacated and made available to the hotel
- by 11:00 at the latest, in the case of individual guests (fewer than 12 persons)
- by 10:30 at the latest, in the case of groups (of 12 or more persons)
. After that time, the hotel can charge 50% of the full, listed price for damages in respect of the additional use of the room up until 18:00 and 100% of the full, listed price as from 18:00.
f) In the case of groups of 12 or more persons, the hotel must be given a list of the full names of all guests on arrival.
g) If the total number of guests exceeds the contractually agreed number of persons, the additional guests are not entitled to accommodation.
h) Any persons younger than 18 years of age are not permitted to stay overnight in the dorms. Minors are only permitted to stay overnight in private rooms, if they are accompanied by at least one adult person or if they are in possession of a statement of consent from a parent or guardian, including a copy of the ID of the person in question. This rule does not apply to those travelling in groups, accompanied by an adult person authorised by the parent or guardian.
i) Pets or large medical devices are only allowed in private rooms. In certain cases the hotel can refuse to accommodate pets. In principle, the hotel must be notified of any pets in advance, and their accommodation is subject to a fee. It is not permitted to bring pets into the dining rooms.
7. Catering Groups
a) The breakfast buffet is included in the price for overnight stays and will be charged in addition to the overnight stay. In the case of half or full board bookings the first meal that will be charged is dinner, provided that nothing else has been agreed. The meal times will be specified at the very latest when the group arrives.
a) Breakfast is normally served from 7.00-10.00 a.m. Breakfast times are announced the day before at the reception.
b) Meal times are announced when the group arrives for half or full board arrangement. For the day of arrival the time of arrival for half board bookings must be communicated at least 3 days before the group’s arrival; otherwise the entitlement tor catering for this day will be omitted from the room rate. As a rule, after 20.00 there are – even in the event of late arrivals – no more meals offered.
c) Special requests for lunch and dinner (vegetarians, Muslims, people with allergies etc.) must be made one week before arrival.
a) The customer will be liable for inventory loss caused by fault or negligence. The whole group are jointly and severally liable where damage caused by a group has not been declared.
b) The hotel is liable for the diligence of a prudent businessman. In areas which do not fall under the services typical covered, this liability is limited to failure of performance, damage, ensuing damage or disturbances which are caused by an intentional or grossly negligent breach of obligation by the hotel. Should disturbances or defects occur in respect of service provision on part of the hotel, the hotel will act to remedy such upon being informed or upon complaint by the customer. The customer is obliged to contribute what is just and reasonable to him in order to remedy the disturbance and to limit all possible damage.
c) The hotel is liable to the customer for personal possession in accordance with statutory provisions. Any potential liability on the port of the hotel is limited to a maximum of 3,500.00 euro for each individual case; for money, documents of importance and valuables as defines under § 702 of the German Civil Code (BGB) the maximum liability amount is limited to 800.00 euro for each individual case. Money and articles of value up to the value of (insurance sum) can be stored in the hotel safe (in aletto Kudamm Hotel & Hostel in the room safe). The hotel recommends that customers make use of this facility. Liability claims expire if the customer does not immediately inform the hotel in accordance with § 703 of the German Civil Code (BGB).
d) The hotel is liable in accordance with the statutory regulations for all damage to the customer’s personal property as well as for injury to life, body and health. The use of equipment and facilities in the leisure areas is at one’s own risk.
e) Insofar as a parking place in the hotel garage or in the hotel car park is made available to the customer, even with payment, no safeguarding agreement comes into effect. The hotel is not liable in the case of loss or damage to motor vehicle, and their contents, parked or manoeuvred on hotel property, except in the case of intent or gross negligence. In these cases the damage must be asserted to the hotel at the very latest when leaving hotel property.
f) Any messages, post or delivery or merchandise for guests will be handled with care. The hotel will accept delivery and storage of same and - if requested - forwarding of same, for a fee. Any items found will be kept for a period of 6 months and forwarded on request, for a fee. The hotel does not accept any liability for this. Any claims for damages are excluded, except in case of gross negligence or intent.
9. Final provisions:
a) Any amendments or additions to the contract, the acceptance of these Terms and Conditions for the hotel stay must be made in writing. Any unilateral amendments or additions made by the customer are ineffectual.
b) The place of performance and payment is the location of the hotel.
c) This contract is governed by German law.
d) If any individual provisions contained in these General Terms and Conditions are or become ineffectual or null and void, this will not affect the validity of the other remaining provisions. This contract is also governed by any applicable statutory provisions.