Terms and Conditions
of Kiwi Europe Ltd Hostels
As at 30/08/2018
1. These terms and conditions shall apply to contracts regarding the renting of hostel rooms or beds in
rooms for accommodation, as well as to all
other services of Kiwi Europe Ltd Hostels that are
provided for the customer in this context (hereinafter referred to as: the Contract).
The term “Contract” shall include and replace the following terms: hostel accommodation contract,
lodging contract, guest accommodation contract and hostel room contract. The term “Customer” shall
refer uniformly to guests, purchasers, tenants, event organisers, agents etc.
The following terms and conditions shall apply to all services of Kiwi Europe Ltd Hostels (hereinafter referred to as: the Hostel). Each Hostel is an independent operation and an independent legal entity
which can conclude direct contracts with the Customer.
II. Conclusion of the Contract
1. The Contract shall come into effect through the acceptance of the Customer’s application by the
Hostel. The acceptance shall take place in the form of a booking confirmation from the Hostel. If the
payment or the authorisation of the means of payment fails during a booking via the Hostel’s website
(www.snowbunnys.com), no booking shall be made and no contract shall come into effect.
2. The subletting of the rooms and their use for purposes other than accommodation shall require the
prior consent of the Hostel in writing.
3. Bookings may only be made by people with full legal capacity. When it receives a booking, the
Hostel assumes that there are no restrictions to the legal capacity of the person making the booking.
4. In the event of a group booking via the Hostel’s booking centre, the latter’s group terms and
conditions shall take precedence. In this case, the general terms and conditions shall apply on a
subsidiary basis; in the event of discrepancies, the provisions of the group terms and conditions shall
5. The valid house rules shall also be part of the Contract. The house rules can be downloaded via the
website of Kiwi Europe Ltd Hostels (www.snowbunnys.com) and are displayed in the Hostel. A
printout can also be requested by the Customer at the Hostel.
6. The Customer shall be solely responsible for the accuracy of the booking data transmitted upon
conclusion of the contract. He must check this again when he receives the booking conformation and
must disclose any in
accuracies immediately in writing. The Hostel shall not be liable for claims arising
from incorrectly entered data.
III. Services, prices, payment
1. The Hostel is obliged to have the room booked by the Customer ready and to provide the agreed
2. The Hostel shall be entitled to accommodate customers at the booked price in another hostel with
comparable facilities and services, without further claims arising against the Hostel as a result, if there
is good reason for this –
in particular if accommodation in the reserved Hostel is not possible –and if this is reasonable for the Customer.
3. The Customer is obliged to pay the prices that are applicable at the time of the booking and thus
agreed for the rental of the room and the other services booked or claimed by him. This shall also
apply to services commissioned by the Customer directly or via the Hostel which are provided by third
parties and are disbursed by the Hostel.
4. The Hostel reserves the right not to accept certain means of payment
(American Express, Diners
Club, cheques) for the payment of the price.
When making a booking via the Hostel’s website
(www.snowbunnys.com), the Customer shall be expressly advised of this with information about
the accepted means of payment. The Hostel also reserves the right not to accept large notes.
5. The agreed prices shall include the taxes and local charges that are applicable at the time of the
conclusion of the Contract. The Hostel shall operate dynamic pricing. The Hostel and the guest shall
be bound by the price and the scope of the services agreed upon the conclusion of the Contract.
6. In the context of dynamic pricing, the Hostel may make its consent to a subsequent change that is
desired by the Customer with regard to the number or category of the booked rooms or beds, the
service provided by the Hostel or the length of the stay of the Customer dependent upon an increase
in the price for the room rental and/or the other services of the Hostel.
7. The Hostel shall be entitled to demand an appropriate advance payment or security, for example in
the form of a credit card guarantee, upon conclusion of the Contract. The amount of the advance
payment and the payment dates can be agreed in the Contract in text form.
8. The total price less any advance payments already paid shall be due, unless otherwise agreed,
upon arrival before the room is provided and/or other services are rendered.
9. Payment on account shall only be possible with the express consent of the Hostel, to which there is
no entitlement, and in return for an advance confirmation of an assumption of costs that is accepted by
If the booking is not made by a public authority or state institution, the Hostel shall require a security in
the form of a credit card guarantee. The Hostel reserves the right to reject declarations regarding the
assumption of costs in the
individual case. The bill shall be sent to the company/institution which has
promised to assume the costs after the Customer’s stay. The bill shall then be due for payment
immediately after receipt.
10. Separate confirmations for visa applications shall
only be issued after the payment of the entire
price of the booking in advance.
11. Any bank charges and exchange rate differences arising during the payment of the price shall be
borne by the Customer.
In the event of return debits or charge backs, the Hostel shall invoice the Customer for the costs
12. Reimbursements shall generally take place via the original means of payment. In exceptional
cases, a reimbursement in cash on-site or by bank transfer to the account of the Customer or via the
Customer’s credit card shall be possible. If the Hostel is not responsible for the reason for the
reimbursement, the provisions of Paragraph 11 above shall apply.
IV. Withdrawal of the Customer (cancellation) / Non-utilisation of the booked services
(“No Shows”)(“Early Departures”)
1. The Customer’s right of withdrawal must be exercised in text form.
2. The concluded contract for the provision of services in the area of accommodation shall not be
subject to a right of revocation. The Customer shall only be entitled to a rig
ht of withdrawal if it is
determined by the law or has been expressly agreed contractually and in text form between the Hostel
and the Customer.
V. Withdrawal of the Hostel
1. If an advance payment or security that is agreed or required in accordance
with Section III
Paragraph 7 is not made even after the expiry of an appropriate grace period set by the Hostel, the
Hostel shall be entitled to withdraw from the Contract.
2. The Hostel shall also be entitled to withdraw from the Contract without notice for a justified objective
reason, especially if
force majeure or other circumstances for which the Hostel is not responsible make the
fulfilment of the Contract impossible;
rooms are booked with the provision of misleading or false information or the concealment
of essential facts; essential facts may include the identity of the Customer, his financial
solvency or the purpose of the stay;
the Hostel has legitimate cause for the assumption that the utilisation of the Hostel services
may put the smooth operation of the business, the security or the public reputation of the
Hostel at risk, without this being attributable to the Hostel’s management and organisation;
the purpose or the reason for the state is unlawful;
an infringement against the house rules takes place which means that the continuation of
the Contract until its agreed end cannot reasonably be expected of the Hostel, giving due
consideration of the interests of both parties. This shall particularly apply if the Customer
has already been given a warning by the Hostel on account of this infringement.
3. The legitimate withdrawal of the Hostel shall not give the Customer grounds to claim compensation
VI. Arrival and departure, other provisions regarding the hostel stay
1. The Customer
shall acquire no right to the provision of specific rooms, unless the Hostel has
confirmed the provision of specific rooms in writing.
2. Booked rooms shall be available to the Customer from 2 pm on the agreed day of arrival. The
Customer shall not be entitled to have his rooms provided earlier.
3. Booked rooms must be claimed by the Customer by 10 pm at the latest on the agreed day of arrival,
unless there is a guaranteed booking which has been confirmed by an advance payment or a credit
card guarantee. In the event of bookings that have not been guaranteed (bookings with a credit card),
the Hostel has the right to give the room to someone else after 10 pm, without the Customer deriving
any claims for compensation from this.
4. On the agreed day of departure, the rooms must be vacated by 11 am at the latest. If the room is
vacated later than this, the Hostel may demand the agreed rent or the rent that is customary for
comparable services locally as compensation for the period for which the room is retained. The
assertion of further damages shall not be ruled out. In the event of a late departure that has been
booked in advance, the departure time shall be extended until 1 pm at the latest.
5. If the total number of persons arriving exceeds the contractually agreed number of persons, there
shall be no entitlement to accommodation for the additional persons.
6. Accommodation in a dormitory is not permitted for persons under the age of 18. Minors may only
stay in private rooms if accompanied by a parent or at least one guardian. These provisions shall not
apply for groups accompanied by an adult authorised by the children’s guardians (see group terms
7. There shall be a maximum stay of 7 nights. The Hostel reserves the right to reject bookings that
contravene this principle.
VII. Liability and limitation period
1. The Customer shall be liable for damage culpably caused by him, including to the fixtures, or severe
soiling. The Hostel reserves the right to demand a deposit upon arrival or during the stay, which will be
paid back upon departure, provided that the Hostel has not been able to identify any damages or
severe soiling which can be attributed to the Customer in terms of the above paragraph by then.
Damages or costs for the removal of severe soiling which exceed the amount of the deposit must be
settled directly on-
site by the person(s) responsible upon departure at the latest. They can also be
invoiced subsequently by the Hostel, especially if the Hostel is invoiced by third parties for external
costs for e.g. fire brigade or other rescue operations or for repair costs. This shall also apply to
damages and severe soiling which are only identified after the departure of the Customer.
2. Smoking is strictly prohibited in all areas of the
Hostel. The same applies to the manipulation of
smoke alarms or the unauthorised opening of emergency doors. In the event of a contravention, the
Hostel reserves the right to withdraw from the Contract in accordance with Section V Paragraph 2 of the terms
and conditions and/or to claim damages.
3. The above limitations of liability shall not apply with regard to the data protection rights of the
Customer. The Hostel shall be liable for damages caused by it due to the loss of life, physical injury or
damage to health.
It shall also be liable for other damages which are due to a violation of the Hostel’s obligations based
on wilful intent or gross negligence. Further claims for compensation are ruled out, unless regulated
4. The Customers are instructed not to leave luggage and personal items unattended in publicly accessible rooms of the Hostel. The Hostel shall not be liable for items which are left by Customers or
visitors in generally accessible rooms of the Hostel, in the luggage room, or in unlocked rooms. For items which the Customer properly puts into the locked locker box provided for this, the liability shall
be restricted to the legally permissible level. Liability for slight negligence shall be excluded, in particular. The liability shall be further restricted to personal items of the Customer; valuables such as
jewellery, money, mobile phones, laptops, tablets, etc. shall be excluded from the liability.
5. Disclaimer: the Hostel shall accept no liability for damages or injuries which result from the improper
use of the furniture.
VIII. Web links
1. The online presence of Kiwi Europe Ltd Hostels may contain hyperlinks to websites of other
partners. These hyperlinks are only provided for information purposes. These websites are not
controlled by Kiwi Europe Ltd Hostels, and Kiwi Europe Ltd Hostels shall not be responsible for their
contents. The inclusion of hyperlinks to such other websites in the online presence implies neither an
endorsement of the material that can be found on these websites nor a connection with their
IX. Final provisions
1. Amendments or additions to the Contract, the acceptance of the application or these terms and
conditions shall take place in text form. Unilateral amendments or additions by the Customer shall be
2. The place of fulfilment and the place of payment shall be the registered place of business of the Hostel.
3. The exclusive place of jurisdiction in commercial dealings shall be the registered place of business
of the relevant Hostel. If a Party does not have a general place of jurisdiction in the country, the place
of jurisdiction shall be the registered place of business of the Hostel under company law. The Hostel
is, however, entitled also to institute lawsuits or other legal proceedings at the general place of
jurisdiction of the Customer.
4. Depending on the location of the Hostel, the law of the Federal Republic of Germany, the law of the
Republic of Austria, the law of the Republic of Hungary or the law of the United Kingdom of Great
Britain and Northern Ireland shall apply.
individual the provisions of these terms and conditions are or become invalid or void, the validity
of the remaining provisions shall not be affected. The Parties shall replace the invalid provision with a
provision that corresponds to the economic intention a legally permissible manner.