These General Terms and Conditions apply to all contracts for the rental of apartments or rooms (unit) for accommodation, which are concluded between Arcade Hostel GmbH or its respective domestic subsidiaries ("Arcade Hostel") and a guest (together "Parties"), as well as to all other services and deliveries provided by Arcade Hostel (accommodation contract), unless the parties have reached an individual agreement.
The guest's general terms and conditions are not recognized and shall only apply if this has been expressly agreed upon between the parties in advance.
The contractual partners are Arcade Hostel and the guest. The accommodation contract comes into effect upon acceptance of the guest's application by Arcade Hostel. Arcade Hostel is free to confirm the respective booking in text form.
If a third party has booked for the guest, the guest shall be liable to Arcade Hostel together with the guest as joint and several debtors for all obligations arising from the accommodation contract, provided that Arcade Hostel has a corresponding declaration from the third party. These terms and conditions also apply to the third party.
By making a reservation, the guest offers to conclude an accommodation contract. If the booked unit is available, the guest receives a confirmation of reservation from Arcade Hostel. By this acceptance of the reservation made by the guest, an accommodation contract is concluded between Arcade Hostel and the guest. However, the guest does not acquire any claim to the provision of specific units, unless this has been expressly agreed in writing in the accommodation contract.
Offers from Arcade Hostel regarding available units are subject to change and non-binding. Arcade Hostel may, at its discretion, refuse to conclude an accommodation contract.
There is no entitlement to use the overnight accommodation service in a particular unit. Arcade Hostel reserves the right to define industry-standard restrictions such as minimum stays, booking guarantees, or down payments for certain dates.
A guaranteed reservation exists when the guest's payment has been received. A guaranteed reservation can be canceled free of charge by the Guest in accordance with the stated cancellation terms and conditions and by quoting the reservation number. The customer's right of cancellation expires if he does not exercise his right of cancellation to Arcade Hostel by the agreed date.
After expiry of the cancellation periods, cancellation shall be excluded and Arcade Hostel shall retain the claim to the agreed remuneration - despite non-utilization of the service - less any expenses saved. The same applies if the guest's a no-show or if the guest leaves earlier than agreed. In the case of guaranteed reservations lasting several days, all subsequent nights including the second night are canceled in the event of no-show and the guest has no claim to the subsequent nights. Normal reservations, i.e. reservations for which payment by the guest is not yet guaranteed, are valid until 13.00 hours on the day of arrival. After 13.00 hrs the reservation expires automatically and free of charge. Arcade Hostel is entitled to rent the reserved unit to another party. For normal reservations received after 13.00 hours of the arrival day, the guest has one hour to make the payment according to §5. Unless otherwise agreed between Arcade Hostel and the guest in the accommodation contract, in the case of a group booking (five units or more), the guest may cancel up to eight weeks before arrival. If the customer cancels the accommodation contract up to four weeks before arrival, Arcade Hostel is entitled to charge 50% of all reserved services. If the guest cancels later, Arcade Hostel is entitled to invoice 100% of all reserved services.
The prices stated by Arcade Hostel during the conclusion of the contract shall apply. The applicable prices are gross total prices and include all statutory taxes, fees and charges. Not included and charged separately are local charges which are owed by the guest himself in accordance with the respective local law, such as tourist tax. Arcade Hostel reserves the right to adjust prices accordingly if changes in the rates of taxes, fees and charges and the effective levying of new taxes, fees and charges previously unknown to the parties. In the case of contracts with consumers, this shall only apply if the period between the conclusion of the contract (confirmation of booking) and the adjustment of the contract exceeds four months.
Arcade Hostel may make its consent to a subsequent reduction in the number of units booked, the service provided by Arcade Hostel, or the length of stay of the guest requested by the guest dependent on an increase in the price of the units and/or other services provided by Arcade Hostel.
The price of the entire booked accommodation service must always be paid in advance by the guest. A set-off by the guest is excluded unless the set-off concerns an undisputed or legally established claim. Valid means of payment are MasterCard, Visa Card, China Union Pay, Diners Club, Discover Card, PayPal. Apple Pay and Google Pay. Furthermore, you can pay by instant bank transfer. Cash payments are excluded. Arcade Hostel reserves the right to debit the deposited means of payment with the outstanding amounts for any fees subsequently incurred as a result of additional services used or breaches of the General Terms and Conditions, in particular, contractual penalties incurred. Arcade Hostel invoices without a due date shall be payable immediately upon receipt of the invoice without deduction. Arcade Hostel shall be entitled at any time to declare accrued claims due and to demand immediate payment. If the default of payment, Arcade Hostel shall be entitled to charge the respectively applicable statutory default interest at the current rate of 9% or, in the case of legal transactions involving a consumer, at 5% above the base rate. Arcade Hostel reserves the right to prove higher damages.
A reserved unit is available to the guest from 2 pm on the day of arrival and until 11 am on the day of departure. The guest has no claim to earlier or later availability in the aforementioned sense. Unless otherwise agreed, the keys and, if applicable, key cards provided must be handed over to Arcade Hostel or a third party named by the accommodation facility on the agreed departure date, or, if agreed, left in the unit. If a key or key card provided is lost or not handed over on departure, a fee of 40.00 EUR will be charged. Arcade Hostel shall remain entitled to demand compensation from the guest for any damage incurred by the latter as a result, insofar as such damage exceeds the amount of 40.00 EUR. This includes the costs for the replacement of the affected locking system, insofar as this is necessary for security reasons. On request and subject to availability, late check-out can be arranged with Arcade Hostel in advance. If Arcade Hostel agrees to a late check-out, Arcade Hostel is entitled to charge 10.00 EUR per hour or part thereof for the additional use of the unit. For departures after 2pm the full daily rate (according to the website of Arcade Hostel) of the unit will be charged. There is no contractual claim to a late check-out. If a guest is not making the unit available by 11.00 a.m. at the latest, Arcade Hostel may charge 50% of the full daily price (list price) for the use of the unit beyond the time of the contract until 2.00 p.m., thereafter 100%. On request and subject to availability, an earlier arrival (early check-in) can be arranged with Arcade Hostel in advance. If Arcade Hostel agrees to an early check-in, Arcade Hostel is entitled to charge 10.00 EUR per hour or part there of for the additional use of the unit. There is no contractual claim to early check-in.
The resale/rental and/or further mediation of booked units is prohibited. In particular, the resale of units and/or unit quotas to third parties at higher prices than the actual unit prices is prohibited. The assignment or sale of the claim against Arcade Hostel is also not permitted. In such cases, Arcade Hostel is entitled to cancel the booking, in particular if the guest has made false statements to the third party about the type of booking or payment at the time of cession/sale. The subletting of the unit provided, its use for purposes other than accommodation and the use of space outside the rented premises for advertising, job interviews, sales and similar events also require the prior express consent of Arcade Hostel in text form. § Section 540 para. 1 sentence 2 of the German Civil Code (BGB) shall not apply if the customer is not a consumer. Use of the unit for any purpose other than the accommodation purpose, in particular any commercial use by the guest, is prohibited.
Arcade Hostel shall be liable for damages for which it is responsible arising from injury to life, body or health. Furthermore, Arcade Hostel shall be liable for other damages which are based on an intentional or grossly negligent breach of duty by Arcade Hostel. In the case of simple negligence, Arcade Hostel's liability is limited to the foreseeable damage typical of the contract, if a duty is violated, the fulfillment of which is essential for the proper performance of the accommodation contract and on the observance of which you as a guest may regularly rely (cardinal obligation) on. A breach of duty on the part of Arcade Hostel is equivalent to that of its legal representatives, employees or vicarious agents. Further claims for damages are excluded unless otherwise regulated in these GTC. Should malfunction or defects occur in the services of a Arcade Hostel, Arcade Hostel shall endeavour to remedy them as soon as it becomes aware of them or upon immediate notification of the guest. The guest is obliged to make a reasonable contribution to remedy the disturbance and to keep any possible damage to a minimum. Furthermore, the guest is obliged to inform Arcade Hostel immediately of the possibility of extraordinarily high damages. Arcade Hostel shall be liable for items brought in accordance with the statutory provisions. The claim expires if the guest does not notify Arcade Hostel immediately after becoming aware of the loss, destruction or damage of the items brought in, unless this delayed notification has no effect on the clarification of the facts. Insofar as the guest brings money, securities and valuables with a value of more than EUR 800 or other items with a value of more than EUR 3,500 into the unit, Arcade Hostel's liability shall be limited to the aforementioned amounts. If a damage exceeds these amounts, the guest himself has to bear the damage exceeding the liability limits. If a parking space is provided to the guest, even against payment, this does not constitute a safekeeping contract. Arcade Hostel has no duty of supervision. In the event of loss of or damage to motor vehicles or bicycles parked or maneuvered on the property or their contents, Arcade Hostel shall only be liable in the event of intent or gross negligence. The guest is obliged to report any damage immediately, obvious damage, in any case before leaving the parking facility. Arcade Hostel is not liable for damage for which other tenants or other third parties are solely responsible. All claims against Arcade Hostel shall in principle become statute-barred within one year from the statutory commencement of the limitation period. This shall not apply to claims for damages or other claims arising from injury to life, body or health and/or due to a grossly negligent or intentional breach of duty by Arcade Hostel as well as in the case of breaches of a cardinal obligation within the meaning of Section 8a. Arcade Hostel accepts no liability for lost property. Excluded from this is liability due to intentional or grossly negligent breaches of duty on the part of Arcade Hostel. Lost items shall only be returned on request, for a fee and for a processing fee of EUR 10.00. The accommodation company undertakes to store the lost property for a period of six months. Any items left behind by the guest will be sent to the guest on request at the guest's risk and expense. Arcade Hostel shall store the items for six months and shall charge an appropriate fee for this, which is customary for this purpose and is based on the time and effort required for storage. After the expiry of the period of safekeeping, the items will be handed over to the local lost-and-found office, if they have a recognizable value. §536, 536a BGB is not applicable. Arcade Hostel shall not be liable for theft of or damage to clothes or any other items brought by the customer or his or her companions. Arcade Hostel does not take any responsibility or liability for any damage, theft, or loss of items placed or left in the luggage lockers, in publicly accessible or common areas.
To ensure communication with the guest, Arcade Hostel requires that the e-mail address and the telephone number are provided. To verify the identity of the guest, Arcade Hostel is entitled to request the following valid identification document (for domestic guests an identity card or passport; for foreign guests the passport), and valid credit card data at check-in in digital form. If the identity of a guest cannot be clarified due to missing or incorrect documents, Arcade Hostel is entitled to cancel the booking. To avoid fraudulent bookings, Arcade Hostel uses software solutions that use the requested data (e-mail address, residential address, telephone number, credit card, etc.) to determine a so-called "fraud prevention score" for each guest and identify fraudulent bookings. Should the software detect such a booking, Arcade Hostel reserves the right to cancel the booking.
Arcade Hostel is entitled to terminate the accommodation contract for a good cause. Good cause shall be deemed to exist in particular if (i) force of circumstances or other circumstances beyond the control of Arcade Hostel make the fulfillment of the accommodation contract impossible, (ii) units are booked under misleading or false information or withholding of essential facts; (iii) Arcade Hostel has reasonable reasons to assume that the use of the service may jeopardize the smooth business operations, the security or the public reputation of Arcade Hostel and its locations, without this being attributable to the controlling or the responsible party. (iv) the purpose or cause of the stay is unlawful; or (v) in the case of resale/rental and/or further mediation (see clause 7). (vi) Good cause also exists if the guest otherwise violates the General Terms and Conditions. Arcade Hostel is entitled to withdraw from the accommodation contract if it has been agreed in writing that the guest can withdraw from the accommodation contract free of charge within a certain period of time, Arcade Hostel must inform the guest immediately of the exercise of the right of termination. If Arcade Hostel terminates the contract due to a circumstance for which the guest is responsible or for a reason in accordance with the above-mentioned clause 1, Arcade Hostel shall also be entitled to cancel or reject future bookings of the guest, even if these have already been confirmed by Arcade Hostel. In the event of a justified termination of the accommodation, the guest shall not be entitled to compensation.
A voucher purchased from Arcade Hostel can only be redeemed for accommodation services provided by Arcade Hostel. If there are any remaining credit balances on payments with the voucher, these remain and can be used for further bookings. Vouchers cannot be returned, are not resalable or transferable and cannot be redeemed for cash. The person ordering the voucher is responsible for providing the correct data (in particular e-mail address) to which the voucher and invoice are to be sent. Cancellation policy: Declarations regarding vouchers can be revoked within 14 days without giving reasons in any form (letter, fax, e-mail) or, if the voucher is provided before the deadline, also by returning the voucher. The period begins after receipt of this instruction in text form, but not before receipt of the voucher by the recipient. The timely dispatch of the revocation or the voucher is sufficient to meet the revocation deadline. The revocation is to be sent to Arcade Hostel GmbH, keyword: voucher; by e-mail: firstname.lastname@example.org
The Arcade Hostel units are non-smoking units. Smoking is therefore prohibited both in the common areas and in the guest units as well as on balconies and/or terraces. The violation of our smoking ban constitutes a breach of contract and will be penalized by Arcade Hostel with a contractual penalty amounting to EUR 150.00. We expressly reserve the right to claim further damages for example due to increased cleaning costs or any loss of turnover resulting from a rental of the unit which is not possible as a result.
Parties are prohibited in the Arcade Hostel units. Any violation against this rule constitutes a breach of contract and will be penalized by Arcade Hostel with a contractual penalty amounting to EUR 250.00. We expressly reserve the right to claim further damages for example due to increased cleaning costs or any loss of turnover resulting from a rental of the unit which is not possible as a result.
In the event of damage exceeding normal use or theft, Arcade Hostel shall be entitled to charge the guest for the damage as well as for the separate expenses incurred in order to remedy the damage, including any loss of turnover resulting from not possible rental of the unit. Even slight negligence shall justify the obligation of the customer to pay compensation. The same applies to damage caused by third parties insofar as they are staying on the premises of Arcade Hostel at the customer's instigation. Intentional damage to inventory, pieces of furniture or the unit itself constitutes a breach of contract and will be penalized by Arcade Hostel with a contractual penalty amounting to EUR 150.00 per case of damage. This also applies to the removal of inventory or pieces of furniture or disturbance of technical systems, in particular the smoke detectors.
It is not allowed to bring a pet with you. However, exceptions are guide dogs, deaf dogs and other similar service dogs. These may be brought along free of charge and at any time upon proof. Arcade Hostel is entitled to make further exceptions to the above principle. The guest has no claim to these. If a pet stays in the unit without permission, a lump sum of EUR 150.00 will be charged as a special cleaning fee on the part of Arcade Hostel.
The guest undertakes to treat the unit provided, the furnishings as well as the rooms, equipment and facilities intended for common use with care and to ensure proper ventilation and heating. The guest further undertakes, when moving into the unit, to check the facility for completeness and suitability for use and to notify Arcade Hostel immediately of any complaints. The guest is liable for all damage to the unit provided, the furnishings and the rooms, equipment and facilities intended for communal use, which he or his visitors have culpably caused through use contrary to the contract and which cannot be attributed to normal wear and tear. The guest must notify Arcade Hostel immediately of any damage to the unit provided. The unit is regularly cleaned by Arcade Hostel. The guest shall grant access to the unit to the service provider commissioned by Arcade Hostel for this purpose.
In the case of group bookings of more than five units and quota contracts, separate payment and cancellation conditions apply, which result specifically from the corresponding contracts. Different cancellation periods apply for bookings during event and trade fair times. These are shown in the booking process and on the booking confirmation.
Arcade Hostel shall provide the guest with internet access within the framework of existing technical and operational possibilities. Disruptions, for example due to force majeure, maintenance measures or similar, cannot be excluded. The guest may not misuse the Internet connection. An abusive use exists in particular in the following cases: Downloading and distribution of copyrighted content via peer-to-peer sharing platforms, illegal streaming offers as well as the posting, retrieval or transmission of criminally relevant content (in particular §§ 130, 130a, 131 and 184 StGB). The guest is obliged to observe the copyrights, patent rights, name rights, trademark rights and personal rights of third parties when using the content. The guest shall indemnify Arcade Hostel on the first request from all claims and claims for damages by third parties and from the costs of legal defence in an appropriate amount which have been caused by the unlawful use of the internet connection provided by the guest or by third parties with the knowledge of the guest. This indemnity claim includes in particular claims arising from the violation of copyrights, patent rights, name rights, trademark rights and personal rights as well as violations of data protection laws. The guest is prohibited from passing on the login data for the Internet connection to third parties. If a violation, the guest shall be liable to Arcade Hostel for all damage caused by the forwarding of the access data. Arcade Hostel also reserves the right to block the guest's internet connection if legal violations.
Changes and additions as well as the cancellation of the accommodation contract, the acceptance of the application or these General Terms and Conditions must be made in writing. This also applies to the cancellation of this written form clause. Unilateral changes or additions by the guest are invalid. Place of service and place of payment is the registered office of the respective accommodation facility. The exclusive place of jurisdiction for commercial transactions is Berlin. If a contractual partner fulfils the requirements of § 38 para. 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be Berlin. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and conflict of laws is excluded. Should individual provisions of these General Terms and Conditions be or become invalid or void, the validity of the remaining provisions shall not be affected. In all other respects, the statutory provisions shall apply. The accommodation company is neither willing nor obliged to take part in a dispute settlement procedure before a consumer arbitration board.