General Terms and Conditions for the Use of the Hostel Booking

General Terms and Conditions for the Use of the Hostel Booking System (www.hostel-booking.com) in the Framework of a Partnership with hostel-booking.com Reservierungssysteme GmbH

1. Agreement regarding these terms and conditions

1. These terms and conditions apply for the mediation of individual travel services that can be booked as a reservation recipient (provider) or as booking tour operator via the internet web-site www.hostel-booking.com with the online booking system (hostel-booking.com Reservierungssysteme GmbH own booking system, "hostel-booking.com", hereafter referred to as "hostel-booking").The rights to the name and concept of hostel-booking.com belong to hostel-booking.com Reservierungssysteme GmbH.

2. Possible travel services include, especially, hostel stays.

3. The use of hostel-booking.com (provision and retrieval of services) is reserved only for partners of hostel-booking.com Reservierungssysteme GmbH.

2. Services of hostel-booking.com

1. Hostel-booking.com offers a platform of individual travel services with the online booking system www.hostel-booking.com. If you would like to offer a travel service, hostel-booking.com will take receipt of your offer via www.hostel-booking.com, and allows the booking partners of hostel-booking.com Reservierungssysteme GmbH to access your offer. If hostel-booking.com is aware that the booked travel service is available (i.e. by comparing the allocations you registered), hostel-booking.com confirms the booking to the inquirer (this is binding) in the name of the provider, and sends the inquirer a booking confirmation and/or option confirmation.

2. Hostel-booking.com is not the provider of the travel services ("provider"), but the hostel operator is.

3. Contract between person request option/booking and the provider of the travel services (you)

1. By using the booking system, hostel-booking.com, an accommodation contract (the contract) begins between the provider and the person requiring the respective travel services.

2. The contract begins, and is binding, at the moment in which the provider receives the booking confirmation by email via hostel-booking.com, or collects the booking online via a data comparison procedure. If one of the allocations of the provider is reported as unoccupied, no further confirmation is requested of the provider to complete the booking within the allocation.

3. Hostel-booking.com only imparts the declaration between provider and the person requesting the service in the role of a messenger. In the relationship to the provider and the person requesting the service, hostel-booking.com will only act as an independent third party, not as a partner, trustee, representative or sub-contractor either of you or of the person requesting the service. Hostel-booking.com is not responsible for handling the contract.

4. Validity of your reservation

Reserve rooms are kept free by the hostel operator on the day of arrival until 6.00 p.m. local time, if no other regulation is contained in the advertised hostel description (prior payment agreement, longer expiry deadlines, etc.). After this, the right to claim the reserved room expires. In any case, the conditions in detail of the respective hostel operators are decisive.

5. Obligation associated with your booking and alterations

1. Depending on the conditions of the provider, he has the right, after a booking /reservation has taken place, to demand a down-payment from the person requesting the service, if the booking is not cancelled in time, or if the booking is not made use of without cancellation (cancellation fee).

2. The provider may only transfer the fulfilment of the booked travel services to another hostel/hotel with the expressed agreement of the person requesting the service.

3. In order to avoid misunderstandings and incorrect bookings, the provider should make all changes (if it is possible to do so) online via hostel-booking.com, and/or, if done at short notice, directly with the person requesting the service.

6. Prices and taxes

The prices advertised by service providers must include all taxes, fees and other costs. Here, the provider must also take country-specific taxes etc. into consideration. The provider guarantees that the travel price advertised in hostel-booking.com is a calculated end-price for the person requesting the service, and that no further surcharges will be added.

7. Hostel description and categories

The classification of the hostels on offer into categories, corresponds to the internationally or, respectively, nationally standard customs, and provides a non-committal indication of the standard and equipment of the hostel. It is based entirely on the self-judgement of the respective hostel operator, and is not inspected by hostel-booking.com. All other information regarding the hostel and the description of the rooms is also based entirely on the declaration of the hostel operator. Hostel-booking.com has no influence on this information, and does not accept any liability for their correctness or completeness. This does not apply if hostel-booking.com is aware of incorrect information or descriptions, and if it is technically possible, and to be expected, to avoid their use.

8. Booking fees /commissions /partners 'obligations

Hostel-booking.com maintains, takes care of and services the booking system, and markets the joint services of the providers under the roof-brand name of hostel-booking.com Reservierungssysteme GmbH. Hostel-booking.com renounces on one-off booking fees and annual subscriptions. For every successful mediation, hostel-booking.com charges a commission for the joint marketing service and mediation service (according to the “Commission agreement” attached to this contract) of the negotiated net sale, plus the applicable VAT. The commission is charged to the provider. Hostel-booking.com invoices the provider 10 days after the sale of the travel service has been realised by the provider, and then grants a period of payment of a further 10 days. In the interests of common success, hostel-booking.com will reinvest a large portion of the receipts in generating awareness of, and marketing, the booking system, and in marketing for the partners. Here, the travel service providers oblige themselves to refer to the partnership with hostel-booking.com on all their own publicity material (brochures, internet portals, advertisements, posters, etc.).

9. Passport, visa, customs, currency and health regulations

1. Hostel-booking.com only negotiates individual travel services, and can therefore not dictate the respective passport, visa, customs, currency and health regulations, so that the provider is responsible for keeping to any possible existing regulations, and for clearing this with the person requesting the service, and for making him/her aware of these.

2. Hostel-booking.com only accepts responsibility if the provider rely on an expressed and false piece of information for which hostel-booking.com is responsible.

10. Data protection

1. Hostel-booking.com attaches a great importance to protecting your personal and company-related data. By using the booking system, hostel-booking.com receives data from the guests and from the establishment of the provider and inquirer that are necessary for the booking. Hostel-booking.com is allowed to save this data on its computers, if this is necessary for processing the contract, especially for cancellations and alterations. Hostel-booking.com will also send the required data to the person wishing the booked travel service. To use the booking system the user must enter contact information (such as company name, telephone and fax numbers, email address and post-code/ZIP). Hostel-booking.com can use this contact information to contact you, if necessary.

2. By entering your details in the framework of the bookings to be made, you declare your agreement.

11. Exceptions to the guarantee

The booking system operated by hostel-booking.com is a free service for the person booking. For this reason, hostel-booking.com does not provide any guarantees for the operation and use of the system, especially not for the following points:

1. For the availability of the booking system and for the possibility of being able to book travel services via the booking system.

2. For the correct fulfilment of the contract existing between the provider and any person requesting a travel service, even if this contract was done with the help of the booking system operated by hostel-booking.com.

3. For the possibility of being able to cancel or change a closed contract using the booking system, or any other way.

4. For the correctness and completeness of the description of the travel services contained in the booking system.

12. Liability limitation

1. The liability of hostel-booking.com for any damage, regardless of cause in law, including unauthorised actions, quasi-contractual liabilities, contract or guarantees, is ruled out if the damage was not caused by i) a culpable violation of duties essential to the contract by hostel-booking.com in a way that endangers the purpose of the contract, or by ii) gross negligence or intent on the part of hostel-booking.com in fulfilling the service offered.

2. If hostel-booking.com is liable for culpable violation of cardinal duties as described in No.12.1.(i), without gross negligence or intent coming into play, the entire liability of hostel-booking.com is limited to such damage and such extent of damage which hostel-booking.com could have typically expected to occur from the circumstances it was aware of at contract closure. In such cases as are referred to in No. 12.2., hostel-booking.com is not liable for direct damage, damage resulting from faults or lost earnings.

3. If hostel-booking.com is liable for gross negligence or intent of its employees or representatives who are not organs or managing employees of hostel-booking.com, as described in No.12.1.(ii), the entire liability of hostel-booking.com is similarly limited to such damage and such extent of damage which hostel-booking.com could have typically expected to occur from the circumstances it was aware of at contract closure. In such cases as are referred to in No.12.3., hostel-booking.com is not liable for direct damage, damage resulting from faults or lost earnings.

4. In the case of 12.2 and 12.3, the entire liability of hostel-booking.com is limited to EUR 50,000. The entire liability for purely financial damage (as opposed to damage to persons or property) is, in these cases, generally limited to the value of the services, but at least EUR 10,000.

5. Compensation claims come under the statute of limitations at the latest one year after the point in time when you became aware of the event causing the damage. This does not apply to claims due to disallowed actions.

6. The exclusion of, or limitation of, compensation liability according to the above regulations also applies for any claims against employees or representatives of hostel-booking.com.

13. Copyright

The component parts of hostel-booking.com are subject to copyright and other legal protection. The use of hostel-booking.com and the materials stored there is only permitted in order to carry out bookings via hostel-booking.com.

14. Applicable law

These terms and conditions, and the contracts between the end-customer and hostel-booking.com these are based on, are subject to the laws of the German Federal Republic, and exclude UN commercial agreements.

15. Place of jurisdiction

Place of jurisdiction as defined by HGB [German commercial code] is Berlin. For consumers as defined by §13 of BGB [German civil code] the legal place of jurisdiction applies.