STAND: 02.11.2024
GELTUNGSBEREICH 

1.1 These terms and conditions apply to contracts for the rental of accommodation rooms by JUNGLE N°5 GmbH for lodging purposes, as well as all other services and deliveries provided by the hotel to the customer in this context (hotel accommodation contract). They do not apply to package tours within the meaning of § 651a BGB (German Civil Code). The term “hotel accommodation contract” includes and replaces the following terms: accommodation, lodging, hotel, hotel room contract.

1.2 The prior consent of the hotel in text form is required if rooms provided are to be sublet or rented to other parties or used other than for lodging purposes, whereby the right of termination pursuant to § 540, para. 1, sentence 2 German Civil Code is waived.

1.3 The customer's general terms and conditions shall apply only if this is expressly agreed in text form.

2 CONTRACT, CONTRACTING PARTIES 

The contracting parties are the Hotel JUNGLE N°5 GmbH and the customer. The contract is concluded when the hotel accepts the customer's request. In the case of a booking via the hotel's own homepage, the contract is concluded by clicking on the “Book now” button.

3 SERVICES, PRICES, PAYMENT, SET-OFF

3.1 The hotel is obligated to keep the rooms reserved by the customer available and to render the agreed services. 

3.2 The customer is obligated to pay the agreed or applicable hotel prices for rooms provided and for other services used. This also applies to services ordered by the customer directly or via the hotel that are provided by third parties and paid for by the hotel.

3.3 The agreed prices include all taxes and local taxes in effect at the time of the conclusion of the contract. They do not include local taxes, such as visitor's tax, which are owed by the guest themselves according to the respective municipal law. If the statutory value added tax is changed or if local taxes on the subject matter of the contract are newly introduced, changed or abolished after the contract has been concluded, the prices will be adjusted accordingly. This only applies to contracts with consumers if the period between the conclusion and fulfillment of the contract exceeds four months.

3.4 If payment upon invoice has been agreed, payment shall be made – unless otherwise agreed – within ten days of receipt of the invoice without deduction.

3.5 The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed in the contract in text form. The statutory provisions shall apply in the event of default in payment by the customer.

3.6 In justified cases, e.g. the customer's payment arrears or an expansion of the scope of the contract, the hotel shall be entitled, even after the contract has been concluded and up until the start of the stay, to demand an advance payment or security deposit as defined in the above Item 3.5 or an increase in the advance payment or security deposit agreed in the contract up to the total agreed remuneration.

3.7 Furthermore, the hotel is entitled, at the commencement and during the customer's stay, to demand a reasonable advance payment or security deposit within the meaning of the above-mentioned No. 3.5 for existing and future accounts receivable from the contract, insofar as such has not already been paid pursuant to the above-mentioned No. 3.5 and/or No. 3.6.

3.8 The customer may only set-off, reduce or clear a claim by the hotel with a claim which is undisputed or decided with final, res judicata effect.

3.9 The customer consents to the electronic transmission of invoices.

4 RESCISSION/TERMINATION OF THE AGREEMENT (“CANCELLATION”) FAILURE ON THE PART OF THE CUSTOMER TO USE THE HOTEL SERVICES (“NO SHOW”) 

4.1 The customer may only withdraw from the contract concluded with the hotel unilaterally if a right of withdrawal was explicitly agreed in the contract or if a statutory right of withdrawal or termination exists.

4.2 If the hotel and customer agreed upon a date for a cost-free withdrawal from the contract, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer's right of withdrawal expires if he does not exercise it in writing vis-à-vis the hotel by the agreed date.

4.3 If a right of withdrawal has not been agreed or has already expired and there is no statutory right of withdrawal or termination, the hotel retains the right to the agreed remuneration despite not using the service. The hotel has to take into account the income from renting the rooms to other parties as well as the expenses saved. If the rooms are not rented otherwise, the hotel can demand the contractually agreed rate and assess a flat rate for the saved expenses of the hotel. In this case, the customer is obligated to pay 100 percent of the contractually agreed rate for lodging. The customer is at liberty to show that the above-mentioned claim was not created or not created in the amount demanded.

5 WITHDRAWAL BY THE HOTEL 

5.1 Insofar as it was agreed that the customer can withdraw from the contract at no cost within a certain period of time, the hotel is entitled for its part to withdraw from the contract during this period of time, if inquiries from other customers regarding the contractually reserved rooms exist and the customer, upon inquiry thereof by the hotel with a reasonable deadline set, does not waive his right of withdrawal. This shall apply accordingly if an option is granted, if other inquiries have been made and the customer is not prepared to make a firm booking upon inquiry by the hotel with a reasonable deadline set.

5.2 If an agreed advance payment or an advance payment or security demanded in accordance with No. 3.5 and/or No. 3.6 is not made even after a reasonable grace period set by the hotel has expired, then the hotel is also entitled to withdraw from the contract.

5.3 Furthermore, the hotel is entitled to effect extraordinary withdrawal from the contract for a materially justifiable cause, in particular if
– force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
– rooms or spaces are booked culpably under misleading or false information or concealment regarding essential facts; the identity of the customer, the ability to pay or the purpose of the stay can constitute essential facts;
– the hotel has justified cause to believe that use of the hotel's services might jeopardize smooth operation of the hotel, security or the reputation of the hotel in public, without this being attributable to the hotel's sphere of control or organization;

– eine nachweisliche Überbuchung seitens des Hotels vorliegt;
– the purpose or the reason for the stay is illegal;
– there is a breach of the above-mentioned clause 1.2

5.4 The justified withdrawal by the hotel does not constitute a claim for damages by the customer. Should the hotel have a claim for damages against the customer in the event of withdrawal in accordance with the above sections 5.2 or 5.3, the hotel may charge a flat rate for this. In this case, section 4.3 applies accordingly.

6 ROOM AVAILABILITY, HANDOVER AND RETURN 

6.1 The customer does not acquire the right to be provided specific rooms insofar as this is not expressly agreed in written form.

6.2 Booked rooms are available to the customer starting at 3:00 p.m. on the agreed arrival date. The customer does not have the right to earlier availability.

6.3 Rooms must be vacated and made available to the hotel no later than 10:00 a.m. on the agreed departure date. After that, the hotel may charge 75% of the full price until 6:00 p.m. and 100% after 6:00 p.m. for the delayed vacating of the room for its use beyond the contractual time. Contractual claims of the customer are not justified by this. He is free to prove that the hotel has no or a significantly lower claim for usage fees.

7 LIABILITY OF THE HOTEL 

7.1 The hotel is liable for damages arising from injury to life, limb or health. Furthermore, it is liable for other damages that are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of contract-typical obligations of the hotel. Contract-typical obligations are those obligations that enable the proper execution of the contract in the first place and on the fulfillment of which the customer relies and may rely. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise provided for in this clause 7. Should disruptions or defects in the performance of the hotel occur, the hotel will endeavor to remedy the situation as soon as it becomes aware of it or upon the customer's immediate complaint. The customer is obliged to do what is reasonable for him to help remedy the disruption and to keep any possible damage to a minimum.

7.2 The hotel is liable to the customer for property brought into the hotel in accordance with the statutory provisions. It expressly recommends the use of room safes. If the customer wishes to bring with him money, securities, stocks, bonds or valuables with a value of more than 800 EUR or other things with a value of more than 3,500 EUR, a separate safekeeping agreement is necessary.

7.3 If wake-up calls are carried out by the hotel, these will be treated with the utmost care. Messages for customers will be treated with care. The hotel can, after prior consultation with the customer, accept, store and, on request and for a fee, forward post and parcels. The hotel is only liable in this regard in accordance with the above clause 7.1, sentences 1 to 4.

8 WEITERE VEREINBARUNGEN

8.1 Der Kunde ist damit einverstanden, dass er aufgrund des im gesamten Hotel geltenden strikten Rauchverbots (inkl. Shisha, E-Zigaretten, Vapes, etc.), eine Schadensersatzforderung in Höhe von 500€ zu zahlen hat, sollte gegen das geltende Rauchverbot verstoßen werden. Dies gilt einschließlich aller öffentlicher Bereiche inkl. der Dachterrasse.

8.2 Der Kunde erklärt sich ausdrücklich damit einverstanden, dass er im gesamten Hotel in allen öffentlichen Bereichen durch eine Videoüberwachungsanlage aufgezeichnet wird. Diese Aufzeichnungen werden gespeichert und dienen ausschließlich der Nachverfolgung von unrechtmäßigen Handlungen im Hotel, sowie Straftaten. Der Kunde erklärt sich ferner damit einverstanden, dass die Videoüberwachung auf eine 24/7 Leitstelle zur Gefahrenintervention aufgeschaltet ist.

9 SCHLUSSBESTIMMUNGEN 

9.1 Änderungen und Ergänzungen des Vertrages, der Antragsannahme oder dieser Allgemeinen Geschäftsbedingungen sollen in Textform erfolgen. Einseitige Änderungen oder Ergänzungen sind unwirksam.

9.2 Ist der Kunde Kaufmann oder juristische Person des öffentlichen Rechts, ist ausschließlicher Gerichtsstand Stuttgart. Das Hotel kann wahlweise den Kunden aber auch am Sitz des Kunden verklagen. Dasselbe gilt jeweils bei Kunden, die nicht unter Satz 1 fallen, wenn sie ihren Sitz oder Wohnsitz nicht in einem Mitgliedsstaat der EU haben.

9.3 Es gilt deutsches Recht. Die Anwendung des UN-Kaufrechts ist ausgeschlossen.

9.4 Entsprechend der gesetzlichen Verpflichtung weist das Hotel darauf hin, dass die Europäische Union eine Online-Plattform zur außergerichtlichen Beilegung von verbraucherrechtlichen Streitigkeiten („OSPlattform“) eingerichtet hat: http://ec.europa.eu/consumers/odr/ Das Hotel nimmt jedoch nicht an Streitbeilegungsverfahren vor Verbraucherschlichtungsstellen teil.