Terms and Conditions of Independent Hostels of Germany e.V.
These are the terms and conditions that govern all bookings made on this website. All references to "We", "Us" or "Our" in these terms refer to the operator of this website, which are the Independent Hostels of Germany e.V.Bookings and website use governed by these terms
Making and cancelling a booking
Liability and disclaimers
Credit and debit card security
Intellectual property rights and web-links
Indemnity
General
BOOKINGS AND WEBSITE USE GOVERNED BY THESE TERMS
1.1) Your use of this website and any bookings you make via this website are subject to these terms of use (the 'Terms'). You agree to use this website in accordance with and subject to these Terms. The Terms constitute the entire agreement between you and the Independent Hostels of Germany e.V. (german-hostels.de). If you do not accept these Terms, do not use this website and do not make a booking via the website.
1.2) We facilitate the processing and booking of accommodation and other travel services (the "travel services"). We do not provide, own or run any travel services ourselves and in particular we do not provide, own or run any accommodation.
1.3) You confirm that you are of sufficient age to lawfully use this website, enter into a contract and to create binding legal obligations for any liability you may incur as a result of the use of this website. You understand that you are financially responsible for all uses of this website by you and those using your log-in information.
1.4) When you make a booking on the website, you agree to enter into a contract for travel services and YOUR CONTRACT FOR TRAVEL SERVICES (INCLUDING ACCOMMODATION) IS WITH THE TRAVEL SERVICES PROVIDER, NOT OUR WEBSITE, WHICH IS ACTING AS AGENT FOR THE TRAVEL SERVICES PROVIDER. It is the travel services provider's responsibility to provide you with the travel services. We are not responsible for the fulfillment of any booking made through our website or for the quality of any accommodation or any other travel services that are booked.
1.5) You may be asked to review the travel services that you have received. We appreciate all feedback, but please note that we may share your review with the travel services provider in question so that they can act on your feedback and make any necessary improvements. The travel services providers will have your contact details and may contact you to ask further questions about your experiences in order to help them to make further improvements.
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MAKING AND CANCELLING A BOOKING
2.1) On making a booking, you will be possibly required to pay a deposit which will always be only refundable according to the cancellation policies of the travel services provider. This deposit will be collected by the relevant travel services provider. You will be responsible to the travel services provider on arrival for payment of the balance of the cost of the booking made by you, together with any other payments for any additional services subsequently agreed with the travel services provider and, where applicable, payment of the travel services provider's service charges and taxes, pursuant to the terms and conditions of trade applied by such travel services provider.
2.2) You must use a credit card, PayPal-account or EU bank account to guarantee a booking. BY MAKING A BOOKING WITH YOUR CREDIT CARD, PAYPAL-ACCOUNT OR EU BANK ACCOUNT, YOU AGREE TO ACCEPT THE RELEVANT CANCELLATION AND NO-SHOW POLICY OF THE TRAVEL SERVICES PROVIDER AS SET OUT IN ITS TERMS AND CONDITIONS. IN THE EVENT THAT YOU CANCEL YOUR BOOKING OUTSIDE THE PERMITTED TIMEFRAME SPECIFIED IN THIS POLICY (OR THAT YOU FAIL TO ARRIVE BY YOUR AGREED CHECK-IN TIME), YOU AUTHORISE THE TRAVEL SERVICES PROVIDER TO CHARGE TO YOUR CREDIT CARD, PAYPAL-ACCOUNT OR EU BANK ACCOUNT, WITHOUT FURTHER REFERENCE TO YOU AN AMOUNT AS BE SET OUT IN THE TRAVEL SERVICE PROVIDER'S TERMS AND CONDITIONS.
2.3) Your non-arrival by the agreed check-in time may result in the cancellation of your entire booking. Any amendments to your booking must be notified to and agreed with the travel services provider directly. In making a booking, it shall be your responsibility to disclose to the travel services provider any requirements or special facilities that you or a member of your party may need as a result of any medical conditions.
2.4) When a booking is confirmed we will issue the booking confirmation on behalf of the travel services provider for each booking, but will not provide information about any charges for additional services or details of the service charge or taxes charged by the travel services provider. We strongly recommend you check and confirm with the travel services provider the precise terms and conditions upon which the travel services provider makes the reserved service available to you upon receipt of the booking confirmation. The reference numbers included on the booking confirmation should be quoted in all enquiries, cancellation or modification of the booking.
2.5) You may cancel your booking in accordance with the cancellation policy of the provider as disclosed on the booking confirmation and detailed property description page. Booking cancelations have to be arranged always and solely with the service provider.
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LIABILITY AND DISCLAIMERS
3.1) In the event of a problem arising with your accommodation or other travel services, you should contact the travel services provider. If you have a problem with the booking that you have made via our website please contact us directly via buchungen@german-hostels.de.
3.2) We are the travel service provider's agent and, as such, we are not a party to the contract between you and the travel services provider for the provision of travel services (including accommodation) and have no responsibility or liability to you in respect of the terms of that contract. In particular, we are not responsible for:
- the accuracy or completeness of the descriptions of accommodation and other travel services that are displayed on our website;
- the fulfillment of a booking made through the website;
- the quality or fitness for purpose of the accommodation and other travel services that are or may be booked through the website;
- any difficulty, accident, illness or any other problem which is caused by the accommodation or other travel services or which is suffered by you or any of your party during your stay at the accommodation;
- the ratings and reviews displayed on the website (the ratings are partly based on the opinions and reviews of people who have booked and experienced the relevant accommodation or other travel services);
- any error or failure in the making or recording of a booking which is due to your error or which is due to any other circumstances that are outside our control (such as a power failure) or
- any cancellation of a booking by a travel services provider for any reason whatsoever or any failure to provide all or any part of the booked service by that provider (and we strongly recommend that you take out an appropriate travel insurance policy to cover (amongst other things) unexpected cancellations).
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CREDIT AND DEBIT CARD SECURITY
4.1) We make reasonable efforts to ensure that all credit card and debit card transactions carried out via this Website are secure. HOWEVER, if unauthorised charges appear on your credit card or debit card statement for any card used on this website at any time during or after you make your booking, conduct your transaction or disclose your card details on this website, the Independent Hostels of Germany e.V. shall not be liable or responsible in any way in respect of any damage or loss of whatsoever nature suffered by you arising from or in any way connected with said use, transaction or disclosure, save where such unauthorised charges appear as a direct result of our negligence and subject to any statutory rights which you may have.
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INTELLECTUAL PROPERTY RIGHTS AND WEB-LINKS
5.1) The information, content, software, graphics, text, sounds, images, buttons, trademarks, service marks, trade names and logos ("Materials") contained in this website are protected by the laws of copyright, trademarks, database rights and other intellectual property rights under national laws and international treaties. The parties hereby agree that we or our licensors (as the case may be) retain all right, title, interest and intellectual property rights in and to the Materials. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Materials. Nothing in these Terms shall be construed as transferring or granting (by implication or otherwise) to you any licence or right in or to the Website Content.
5.2) This website may contain hyperlinks to websites operated by parties other than us. Such hyperlinks are provided for your reference only. We does not control such websites and are not responsible for their contents. The inclusion of hyperlinks on this website to such other websites does not imply any endorsement of the material on such websites or any association with their operators.
5.3) Our website is made available for personal use. You may not copy, monitor, screen-scrape, spider, deep-link or reproduce any content, information or software displayed on this site for any commercial or competitive purpose.
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INDEMNITY
6.1) You agree to indemnify and hold us, our subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the website in contravention of these Terms.
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GENERAL
7.1) Our failure to enforce at any time or for any period any one or more of the Terms shall not be construed as a waiver of them or the rights attaching to any of them.
7.2) The headings used in these Terms are for convenience only and shall not affect the meaning or scope of these Terms or otherwise be given other legal effect.
7.3) We reserve the right to change these Terms as well as the contents of this website for any reason and without liability to you, any other user or any third party. This right shall not affect the Terms accepted by you upon making a legitimate booking or purchase using this website. You should check these Terms for any changes each time you access the website.
7.4) These Terms and your use of this website are governed by the laws of the Federal Republic of Germany. You hereby consent to the exclusive jurisdiction of the Federal Republic of Germany courts in all disputes arising out of or relating to the use of this website each time you access the website. The place of jurisdiction is Berlin. Use of this website is not authorised in any jurisdiction that does not give effect to all provisions of these terms and conditions including, without limitation, this paragraph.
7.5) You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of this website. Our performance of these Terms is subject to existing laws and legal process and nothing contained in this agreement is in derogation of our right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by us with respect to such use. If any part of these Terms is determined to be invalid or unenforceable, including but not limited to the "Liability and disclaimers" section, then the invalid or unenforceable provision shall be deemed to be superseded by any such valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Although we cannot monitor the conduct of its users offsite, it shall be a violation of these Terms to use any information obtained from this website in order to harass, abuse or harm other persons, or in order to contact, advertise to, solicit or sell to any user or person without their prior express consent.
7.6) While our terms require that accommodation owners display prices which are inclusive of all value added and other additional taxes, the price displayed is ultimately the responsibility of the accommodation owner rather than ours. The traveller acknowledges that we shall not have liability to the traveller in respect of any attempt by an accommodation owner to levy additional value added or other taxes on the traveller at the point of payment as a supplement to the price displayed and the travellers sole recourse in this regard will be against the travel services provider.
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