General Terms and Conditions of Use of the Online Booking Service www.hotels-in-berlin.com provided by CHAMBRES!
These are the General Terms and Conditions of CHAMBRES! Bode & Schuld GbR, Berrenrather Str. 188 a, 50937 Cologne, Germany, Sales Tax Indentification Number: DE 165458977, e-mail: info@hotels-in-berlin.com, Internet: http://www.hotels-in-berlin.com, represented by the partners Gabriele Bode and Markus Schuld.
On the Website provided by CHAMBRES! (www.hotels-in-berlin.com) the user shall obtain information on accomodation and shall make online reservations on his own.
The use of the Hotel-Reservation-System provided by CHAMBRES! is subject to the General Terms and Conditions of Use stated herein. CHAMBRES! does not accept any Terms and Conditions of the user different form those stated hereof.
Please read the General Terms and Conditions of CHAMBRES! Bode & Schuld GbR carefully and confirm your acceptance by clicking the button “I agree”.
You may not use the Hotel-Reservation-System if you do not agree with the General Terms and Conditions stated herein. In this case we ask you for your understanding and thank you for your interest in our Website.
§ 1 The Service provided by CHAMBRES!
a) On the Website provided by CHAMBRES! (www.hotels-in-berlin.com) the user shall obtain information on accomodation and shall make online reservations on his own.
b) CHAMBRES! itself does not offer any information and becomes no contracting party. The information published at the Website provided by CHAMBRES! is supplied solely by the hotel in question. CHAMBRES! does not survey the information supplied by the hotel for accuracy. In fact, CHAMBRES! does merely provide the technical conditions for an individual reservation request of the user. Thereby CHAMBRES! makes it possible for the hotels to present their information on vacancies on the CHAMBRES! Website. On this occasion, the hotels are classified by “stars”. This classification is based on the information supplied by the hotels and is not checked for accuracy by CHAMBRES!. Consequently, CHAMBRES! should not be hold liable or responsible for not accurate or incomplete information on the hotels presented on the CHAMBRES! Website.
c) CHAMBRES! itself does not provide any accomodation but solely makes possible the conclusion of a hotel reservation contract between the user and the hotel. Hereby CHAMBRES! shall be considered an communication agent between the two contracting parties. The hotel reservation contracts concluded by the means of the Website provided by CHAMBRES! entails rights and obligations solely for the user and the hotel in question; this applies to any pre-contracutal claims as well.
d) The user shall not claim the availability of the CHAMBRES! Website, as well as of the hotel reservation system. Temporary limitations and interruptions in the use of the Online Booking System are possible due to technical and operating reasons.
§ 2 Conditions of Use
a) The use of the CHAMBRES! Website is for legal and natural persons with full contractual capacity only.
b) The services offered by the CHAMBRES! Website are exclusively for personal and noncommercial use. Any commercial use of the information and the services – in particular any resale of the hotel rooms reserved by the means of the CHAMBRES Online Booking System – is prohibited.
c) The user shall not modify the CHAMBRES! Website, or any portion of it, as well as the software related to the CHAMBRES! Website. Furthermore, the user shall not take any measures which may affect in any way the function of the CHAMBRES! Website.
d) Reproduction, copying or or any other use of the texts or images in whole or in part is authorized only within the scope of legal regulations.
§ 3 Booking
a) The data entered into the reservation form by the user will be forwarded by CHAMBRES! – as communication agent of the user - to the hotel chosen by the user. Special requests made by the user (e.g. smoker/non-smoker room) will be recorded; however, neither the hotel nor CHAMBRES! can warrant the consideration of such special requests within the scope of the reservation. As soon as he enters his reservation into the CHAMBRES! reservation form (and presses the OK button), the user will obtain automatically a confirmation of reservation by e-mail from the chosen hotel via an E-Mail-Responder. Hereby CHAMBRES! shall once again be considered solely an communication agent of the hotel transferring the acceptance of the hotel.
b) The booking is made in four easy steps:
I. From the list of hotels the user chooses an available hotel which matches his ideas with regard to the rate, location and category. Detailed information in form of descriptions and photographs of the hotel are available by clicking on the hotel’s name. Via the button “Check Reservation” the user may enter the “booking area”.
II. The user shall enter the booking data (arrival and departure date, as well as type and number of the rooms) now. In order to check vacancies and rates the user has to press the button “Check Availability”.
III. With the next move the user enters his personal data and presses the button “Registration”. His data is checked then.
IV. Finally the user receives a survey of all information he had provided with regard to the booking (arrival and departure date, rates, his personal data and cancellation policy). If necessary, he may correct the data using the “Back” button. By clicking the button “Book” a binding reservation is made.
c) With the hotel’s confirmation of reservation – which will be transmitted by CHAMBRES! – a hotel reservation contract will be concluded directly between the user and the hotel. Any rights and obligations arising from this hotel reservation contract shall apply to the legal relationship between the contractual parties, i.e. the user and the hotel, only. The user may not lodge any claims arising from the hotel reservation contract against CHAMBRES!. CHAMBRES! does not enter any pre-contractual obligations with the user. As a consequence, any claims shall be considered as a matter between the user and the hotel.
d) The user is obliged to check the data stated in the confirmation of reservation immediately, and, if necessary, to inform CHAMBRES! in writing by mail or e-mail of any objections. The user will not obtain any further documents from CHAMBRES! The performance of the hotel reservation contract as well as the settelment will be handled on the spot, directly between the user and the hotel.
§ 4 Reservation Modalities
a) On principle, the hotel guarantees a reservation made via the CHAMBRES! Online Booking System only till 6 p.m. local time on the scheduled arrival date. Should the user not arrive till 6 p.m. the reservation will be cancelled free of charge. Once the reservation is cancelled any claims of the user against the hotel for accomodiation will cease. If arrival is possible only after 6 p.m., the user shall inform the hotel his actual arriving time.
b) If the user provides his credit card number with the reservation form and authorizes the hotel to collect the charges for the overnight stay(s) by the means of the credit card, the hotel will guarantee the reservation for the entire period booked (a so-called Guaranteed Reservation).
c) Any rates and prices stated on the CHAMBRES! Website are quoted per room and night and include VAT. The breakfast charge is either included in the room rate or stated extra.
§ 5 Changes to Reservation and Cancellations
Any changes to reservation and cancellations shall be made in writing, by e-mail or by telephone via CHAMBRES! in order to aviod confusions and mistakes. The user will receive a written confirmation by facsimile or e-mail. In accordance with § 4 b) (reservation and guarantee by credit card) the hotel shall bill the user a cancellation fee in case the cancellation terms have not been respected. CHAMBRES! is not in the position to influence the amount of the fee and whether or not the fee will be charged.
§ 6 Limitation of Liability
a) CHAMBRES! shall not be liable for the accuracy and completeness of the information on hotels presented on the CHAMBRES! Website, and in particular not for any errors made by entering and transmissing the data. Furthermore, CHAMBRES! shall not be liable for the due performance of the hotel reservation contract by the hotel.
b) On principle, the liablity of CHAMBRES! is limited to intent and gross negligence. In case CHAMBRES! should be hold liable, such liability is limited to the typical and predictable damage. However, this applies not to violations of obligations essential to the contract caused intentionally or by gross negligence.
c) The user uses the CHAMBRES! Websites at his own risk. CHAMBRES! will make the customary an appropriate arrangements in order to prevent the risk of unauthorized access of a third party to the user’s data on the Websites of the Hotel- Reservation System. However, CHAMBRES! shall not be hold liable in case a third party gets access to the user’s data or the information contained on the Websites of the Hotel-Reservation System.
§ 7 Protection of Privacy
CHAMBRES! is authorized to store the data provided by the user. Such data will be used for CHAMBRES! own purposes only and CHAMBRES! will not make such data available for third parties not involved in the reservation process. The user’s data will be passed on to the hotel chosen by the user.
§ 8 Modifications of the Conditions of Use
a) CHAMBRES! reserves the right to amend the General Terms and Conditions of Use at any time. Reservations already made are not affected by such amendments. The reservations are subject to the General Term and Conditions of Use effective at the time when the reservation in question was made.
b) CHAMBRES! reserves the right to expel the user from using the CHAMBRES! Website for serious reasons based on the users personality or conduct, like e.g. recurrent “no-shows”.
c) In order to prevent mistakenly made bookings, CHAMBRES! reserves the right to cancel a reservation if the data provided by the user should turn out to be not correct, unless the reservation in question is a Guaranteed Reservation (see § 4 b).
§ 9 Jurisdiction, Applicable Law, Written Form, Severability Clause
a) The court of competent and exclusive jurisdiction in case of disputes arising from the use of the CHAMBRES! Websites and the CHAMBRES! Hotel-Reservation Service is Cologne.
b) The General Terms and Conditions stated herein before mentioned are subject to German Law.
c) Place of performance is Cologne.
d) Any statements made to CHAMBES! refering to a hotel reservation contract shall be in writing to be effective. Sending an e-mail to the address of info@hotels-in-berlin.com shall be considered as “in writing”.
e) Any invalidity of one or several articles of the present General Terms and Conditions of Use shall not render invalid the remaining articles thereof. Any invalid article shall be considered as replaced by the article which, in sense and purpose, is legally most alike to the invalid article. The same applies to any incomplete regulations.
For the purpose of interpretation, in respect of contracts of agreements, the German-language version thereof shall prevail exclusively.
CHAMBRES! Bode & Schuld GbR
Partners Gabriele Bode and Markus Schuld
Berrenrather Straße 188 a
D-50937 Cologne, Germany
Sales Tax Identification Number: DE 165458977
E-mail: info@hotels-in-berlin.com
Internet: http://www.hotels-in-berlin.com
Please contact CHAMBRES! if you have any further questions or require additional information with regard to the above stated General Terms and Conditions.
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