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Terms&Conditions

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General Terms and Conditions (GTC) for the U Hostels Albergues Juveniles SL accommodation contract, as at 1/01/2014

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 U Hostels Madrid (located Calle Sagasta 22, Madrid) with VAT number ES B86430626

b) Any subletting of the rooms rented and any use other than for accommodation purposes require the prior written consent of U hostel.

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 U Hostels accepts the customer's request. U Hostels has the right to confirm the room booking in writing.

b) The contractual partners are U Hostels 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 hostel for all obligations ensuing from the hostel accommodation contract, insofar as the hostel is in possession of a statement to that effect made by the third party.

c) The hostel 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 hostel.

d) The period of limitation for all customer claims is 3 months.

e) This limitation of liability and short period of limitation will apply to the hostel, 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) U Hostels is obligated to keep ready the room reserved by the customer and to perform the agreed services.

b) Customers are obligated to pay U Hostels 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 U Hostels 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, U Hostels 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 U hostels, if the customer subsequently wishes to change the number of rooms reserved, the services performed by U Hostels or the duration of the guests' stay and if the hostel agrees to this.

e) Any bills issued by U hostels without a due date must be paid in full within 10 days of the date on which the bill was issued. The hostel is entitled to declare any accrued claims due at any time and to demand immediate payment. If there is any default on payment, the hostel is entitled to apply the applicable statutory default interest. The customer must prove fewer damages, while the hostel must prove greater damages.

f) U Hostels 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. Any group reservation (12 people or more) or any reservation over 300 euros, will require an advance payment or deposit in order to guarantee the reservation. U Hostels will decide in each reservation the total amount of the deposit according to the availability, amount and dates of the reservation. Until the deposit is not paid, the reservation can be cancelled by U Hostels without any compensation to the customer

g) The customer can only offset or deduct undisputed or legally invalid claims from any claims made by U Hostels.

h) Payment on account for individual guests and private groups is only possible with the permission of U Hostels 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.

j) All group reservations (over 12 people) must be paid in full one month prior to the group arrival. Fail to do this payment will result in the reservation cancellation without any compensation to the customer

4. Rescission by customer (cancellation, et al) non-use of the reserved services of U Hostels (no show, et al):

4.1 Individual travellers (fewer than 12 persons):

- Unless otherwise agreed, the reservation can be cancelled free of charge until 0:00am on the day prior to arrival. As an example, if a guest had a reservation checking in on the 04/jan/201X, any cancellation prior to 23:59h of 02/Jan/201X, would be free of charge. Any cancellation, no matter what time, done on 03/Jan/201X or later, would be subject to one night charge

- In the event of a no-show for a guaranteed booking or in the event of cancellation after 0:00am on the day prior to arrival, we will charge 100% of the contractually agreed price for the first overnight stay.

- On reservations over 300€, unless otherwise agreed, any advance payment or deposit paid in order to guarantee the reservation is not refundable. The rest of the amount will be refundable until 4 weeks prior to arrival day.

- On bookings that have been prepaid in part or in full, the amount paid in advance won't be refundable

4.2 Groups (from 12 persons):

- Unless otherwise agreed, any advance payment or deposit paid in order to guarantee the reservation is not refundable. The rest of the amount will be refundable until 4 weeks prior to arrival day. After that the following cancellation fees will be charged:

- Any cancelation that is within 4 weeks of the arrival day, will be subject to the full payment of the entire reservation

- We accept minor cancelations free of charge (except deposit paid) if the actual number of guest is less than 5% of the number of beds booked

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 U Hostels must be made in writing, and it requires the written consent of U Hostels. 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 hostel 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 hostel. The customer's right of rescission will expire, if he does not exercise his right of rescission vis-à-vis the hostel in writing within the agreed term, except in case of non-performance on the part of the hostel or an impediment to performance attributable to the hostel.

d) The customer is free to prove that no damages ensued or that the damages arising for the hostel 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 hostel:

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 U Hostels, U Hostels is entitled to withdraw from the contract.

b) Furthermore, the hostel is entitled to extraordinarily cancel the contract for factually justifiable reasons, e.g. if force majeure or other circumstances not attributable to the hostel 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 hostel has justifiable cause to believe that the use of hostel services may jeopardise smooth business operations, the hostel's safety or reputation among the public, without this being attributable to the hostel's sphere of responsibility or service branch.

c) The hostel 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) U Hostels reserves the right to book the customer into another hostel 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 hostel stay:

a) The customer does not have any right to be provided with a specific room or bunk beds.

b) In the case of group bookings for 12 or more persons being accommodated in rooms with more than one bed, the hostel will determine the breakdown in which guests will be accommodated, unless the hostel confirmed in writing that specific rooms would be provided.

c) Any reserved rooms will be available to customers as from 14:00 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 hostel 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 hostel
- 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 hostel can charge 50% of the full, listed price for damages in respect of the additional use of the room up until 17:00 and 100% of the full, listed price as from 17:00.

f) In the case of groups of 12 or more persons, the hostel must be given a list of the full names of all guests  prior arrival with their full contact details and passport information.

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 are not allowed. large medical devices are only allowed in private rooms.

7. Catering Individuals

a) The basic breakfast is free and not included in the room price. The Hostel has the right to modify the breakfast or even to cancelled without any claim of the hostel

8. Catering Groups

a) The basic breakfast is Free and not include in the room price and can be cancelled by the hostel any time. If the group wants to book a special breakfast has to book it in advance. In the case of half or full board bookings. The meal times will be specified at the very latest when the group arrives. 
a) Breakfast is normally served from 8.00-10.30 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.

9. Liability:

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 hostel 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 hostel. Should disturbances or defects occur in respect of service provision on part of the hostel, the hostel 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 hostel is liable to the customer for personal possession in accordance with statutory provisions. Any potential liability on the port of the hostel is limited to a maximum of 1,500.00 euro for each individual case; for money, documents of importance and valuables as defines under Spanish civil code, the maximum liability amount is limited to 800.00 euro for each individual case. The hostel is not responsible for belongings left unattended in its common areas and outside the lockers in the dorms. Lockers must be lock with a secure locker. Money and articles of value up to the value of (insurance sum) have to be stored in the lockers in the rooms. The hostel recommends that customers make use of this facility. Liability claims expire if the customer does not immediately inform the hostel in accordance with Spanish Civil Code.

d) The hostel 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 luggage store room in the hostel is made available to the customer, even with payment, no safeguarding agreement comes into effect. The hostel is not liable in the case of loss or damage, and their contents.

f) Any messages, post or delivery or merchandise for guests will be handled with care. The hostel 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 3 months and forwarded on request, for a fee. The hostel does not accept any liability for this. Any claims for damages are excluded, except in case of gross negligence or intent.

10. Final provisions:

a) Any amendments or additions to the contract, the acceptance of these Terms and Conditions for the hostel 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 hostel.

c) This contract is governed by Spanish 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.