General Terms and Conditions of COSI Hospitality GmbH and its subsidiaries
General Terms and Conditions of COSI Hospitality GmbH and its subsidiaries
These General Terms and Conditions apply to all contracts for the rental of apartments or rooms (unit) for accommodation, which are concluded between COSI Hospitality GmbH or its respective domestic subsidiaries (COSI) and a guest (together "Parties"), as well as to all other services and deliveries provided by COSI (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 between the parties in advance.
1 Conclusion of contract
- The contractual partners are COSI and the guest. The accommodation contract comes into effect upon acceptance of the guest's application by COSI. COSI 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 COSI together with the guest as joint and several debtor for all obligations arising from the accommodation contract, provided that COSI 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 COSI. By this acceptance of the reservation made by the guest, an accommodation contract is concluded between COSI 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 COSI with regard to available units are subject to change and non-binding. COSI may, at its own discretion, refuse to conclude an accommodation contract.
- There is no entitlement to use the overnight accommodation service in a particular unit. COSI reserves the right to define industry-standard restrictions such as minimum stays, booking guarantees or down payments for certain dates.
3 Cancellation policies
- A guaranteed reservation exists when the guest's payment has been received. A guaranteed reservation can be cancelled 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 COSI by the agreed date.
- After expiry of the cancellation periods, cancellation shall be excluded and COSI shall retain the claim to the agreed remuneration - despite non-utilisation of the service - less any expenses saved. The same applies in the event of the guest's 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 cancelled 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. COSI 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 COSI 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, COSI is entitled to charge 50% of all reserved services. If the guest cancels at a later date, COSI is entitled to invoice 100 % of all reserved services.
4 Accommodation and other prices
- The prices stated by COSI at the time of 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.
- COSI reserves the right to adjust prices accordingly in the event of 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.
- COSI may make its consent to a subsequent reduction in the number of units booked, the service provided by COSI 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 COSI.
5 Terms of payment
- 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, Diners, China Union Pay, Diners Club, Discover, - Cash payments are excluded.
- COSI 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.
- COSI invoices without a due date shall be payable immediately upon receipt of the invoice without deduction.
- COSI shall be entitled at any time to declare accrued claims due and to demand immediate payment. In the event of default of payment, COSI 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. COSI reserves the right to prove higher damages.
6 Use of booked units
- A reserved unit is available to the guest from 3pm on the day of arrival and until 11am 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 COSI 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. COSI 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 COSI in advance. If COSI agrees to a late check-out, COSI 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 COSI) 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, COSI 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 COSI in advance. If COSI agrees to an early check-in, COSI is entitled to charge 10.00 EUR per hour or part thereof 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 COSI is also not permitted. In such cases, COSI 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 COSI 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.
8 Liability of COSI
- COSI shall be liable for damages for which it is responsible arising from injury to life, body or health. Furthermore, COSI shall be liable for other damages which are based on an intentional or grossly negligent breach of duty by COSI. In the case of simple negligence, COSI's liability is limited to the foreseeable damage typical of the contract, if a duty is violated, the fulfilment 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). A breach of duty on the part of COSI 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 malfunctions or defects occur in the services of COSI, COSI 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 COSI immediately of the possibility of extraordinarily high damages.
- COSI shall be liable for items brought in in accordance with the statutory provisions. The claim expires if the guest does not notify COSI 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. If the guest wishes to bring 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, a separate written agreement with COSI is required in relation to this paragraph.
- If a parking space is provided to the guest, even against payment, this does not constitute a safekeeping contract. COSI has no duty of supervision. In the event of loss of or damage to motor vehicles or bicycles parked or manoeuvred on the property or their contents, COSI 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. COSI is not liable for damage for which other tenants or other third parties are solely responsible.
- All claims against COSI 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 COSI as well as in the case of breaches of a cardinal obligation within the meaning of Section 8a.
- COSI accepts no liability for lost property. Excluded from this is liability due to intentional or grossly negligent breaches of duty on the part of COSI. 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. COSI 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 expiry of the period of safekeeping, the items will be handed over to the local loss-and-found office, if they have a recognisable value. §536, 536a BGB are not applicable. The hotel shall not be liable for theft of or damage to clothes or any other items brought by the customer or his or her companions.
9 Guest data
- In order to ensure communication with the guest, COSI requires that the e-mail address and the telephone number are provided. To verify the identity of the guest, COSI 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, COSI is entitled to cancel the booking.
- In order to avoid fraudulent bookings, COSI uses software solutions which 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, COSI reserves the right to cancel the booking.
10 Termination of the accommodation contract
- COSI is entitled to terminate the accommodation contract for good cause. Good cause shall be deemed to exist in particular if (i) force majeure or other circumstances beyond the control of COSI make the fulfilment of the accommodation contract impossible, (ii) units are booked under misleading or false information or withholding of essential facts; (iii) COSI has reasonable reasons to assume that the use of the service may jeopardise the smooth business operations, the security or the public reputation of COSI 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).
- COSI 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,
- COSI must inform the guest immediately of the exercise of the right of termination. In the event of a justified termination of the accommodation, the guest shall not be entitled to compensation.
- A voucher purchased from COSI can only be redeemed for accommodation services provided by COSI. 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 resaleable 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 COSI GmbH, keyword: voucher; by e-mail: firstname.lastname@example.org.
12 Smoking prohibited in the unit and general areas
- The COSI 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. In the event of an infringement, COSI shall be entitled to demand from the guest an amount of EUR 250.00 as compensation for the cleaning costs to be incurred separately, including any loss of turnover resulting from a rental of the unit which is not possible as a result. This amount of damages shall be set higher if COSI proves higher damages.
13 No partie in unity
- Parties are permitted in the COSI units. In the event of an infringement, COSI shall have the right to demand from the guest as compensation for the cleaning costs to be incurred separately, including any loss of turnover resulting from a rental of the unit which is not possible as a result, an amount of EUR 500.00. This amount of damages shall be set higher if COSI proves higher damages.
14 Damage or theft
- In the event of damage exceeding normal use or theft, COSI 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 at the hotel at the customer's instigation.
- 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. COSI is entitled to make further exceptions to the above principle. The guest has no claim to these.
- 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 COSI 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 COSI immediately of any damage to the unit provided.
- The unit is regularly cleaned by COSI. The guest shall grant access to the unit to the service provider commissioned by COSI for this purpose.
17 Group bookings/contingent contracts/event times
- 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.
18 Internet usage
- COSI 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 COSI on 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. In the event of violation, the guest shall be liable to COSI for all damage caused by the forwarding of the access data.
- COSI also reserves the right to block the guest's internet connection in the event of legal violations.
19 Final provisions
- 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 are the registered office of the respective accommodation facility.
- 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.
Stand: Mai 2020