1. Scope of application
These T&C apply to all contracts concerning the renting of hotel rooms as accommodations that are entered into between the JustStay GmbH (JustStay) as the operational management company of the JustStay Hotels in Germany with a third party (Guest), as well as for all of the additional services and deliveries by JustStay (guest accommodation contract).
2. Conclusion of contract
The respective contract is basically established after a verbal or written request by the contractual partner and acceptance by JustStay. It is up to JustStay to accept the request in written, verbal, or text form (email or fax) or conclusively by performing the services.
If the contractual partner makes a group booking, a contingent contract is established. The contingent contract is overriding and supplementary to these T&C. Within the scope of this contingent contract, the contractual partner is liable for all damages that are culpably caused by the end users. A group booking is independent of the way in which it is booked. This can take place in person, by telephone, by fax, per email, as correspondence, at www.juststay.de, through agents (e.g. online portals), or in some other way.
The subleasing, renting, or the unpaid use of the rooms by third parties, as well as the use for purposes other than accommodation, is only permitted if JustStay expressly authorizes it. At its own discretion, JustStay can provide a written exception upon request.
3. Possible uses for reserved rooms
Reserved rooms are available to the Guest starting at 3:00 p.m. of the arrival day and until 12:00 p.m. on the day of departure. We will charge the full daily rate of the room for departures that occur after 12:00 p.m. on the day of departure. The Guest is not entitled to the provision of a specific room, in so far as this has not been expressly agreed upon.
The provision of the room occurs exclusively for the purposes of accommodation. The Guest is liable to JustStay for any damages that are caused by him/her or through third parties who receive the services of JustStay at his/her instigation.
In this context, JustStay explicitly reserves the right to charge damages of up to EUR 5,000.00 for disregarding these rules and/or any other kind of disturbance.
4. Services and prices
The Guest is obligated to pay for the use of the room and additional services that the Guest uses at the prices agreed upon with JustStay and/or its current prices. This also applies to services that the Guest has requested directly or services of third parties, the compensation for which is disbursed by JustStay.
The respective prices stated by JustStay are valid at the time of concluding the contract. The valid prices are total gross prices and contain all legal taxes, fees, and charges. They do not contain the local charges that are owed by the Guest according to the respective local law, such as the visitor’s tax.
In the case that there are changes in rates for taxes, fees, and charges, as well as the effective raising of new or previously unknown taxes, fees, and charges, JustStay reserves the right to adapt its prices accordingly. For contracts with consumers, this only applies if the time period between the concluding of the contract (booking confirmation) and adapting of the contract exceeds four months.
5. Payment conditions
The price of the entire booked overnight accommodation service must always be paid in advance by the Guest at latest when arriving at the hotel.
An offsetting by the Guest is precluded, unless the offsetting relates to an undisputed or legally valid established claim.
Valid means of payment are the EC Card, Master Card, Visa Card, Diners Card, American Express, and PayPal.
6. Withdrawal and cancellation
The Guest’s reservations are binding for both contractual partners. If a right to withdraw from the contract has not been agreed upon or has already expired, there shall be no legal right to withdraw from or cancel the contract. If JustStay does not agree to a termination of the contract, JustStay shall retain the claim to the agreed-upon compensation (minus possible saved expenses) despite non-utilization of the services.
In this case, the Guest is obligated to pay 100% of the contractually agreed-upon total price if the written cancellation and/or reduction has not reached JustStay before the beginning of the service period (6:00 p.m. on the arrival day).
In the case of group bookings (more than three rooms) or during the dates of trade fairs and events, the following portions of the contractually agreed-upon total price shall be paid:
- 80% of the contractually agreed-upon total price if JustStay receives the written cancellation less than 6 weeks before the beginning of the service period (6:00 p.m. on the arrival day);
- 100% of the contractually agreed-upon total price if JustStay receives the written cancellation less than 24 hours before the beginning of the service period (6:00 p.m. on the arrival day).
If a different deadline for the right to withdraw from the contract without charge is agreed upon, the Guest can withdraw from the contract up to that time without claims for payment or damages from JustStay. The Guest’s right to withdraw from the contract expires if he/she does not exercise it by the agreed-upon deadline to JustStay in writing.
7. Withdrawal and termination by JustStay
According to the legal regulations, JustStay is entitled to withdraw from the contract and/or terminate the contract if
- the Guest fails to a perform a service that is due;
- the fulfillment of the contract is impossible due to force majeure, a strike, or other circumstances for which JustStay is not responsible;
- the Guest provides misleading or false information on essential data;
- the Guest uses the name of JustStay in promotional material without its previous written approval;
- the Guest completely or partially sublets the contractual rooms without written permission of JustStay;
- JustStay has reasonable cause to believe that the utilization of the hotel service could endanger the smooth business operations, security, or reputation of JustStay in the public sphere.
JustStay must immediately inform the Guest in writing that it will carry out the withdrawal or termination, at the latest within 14 days after becoming aware of the reason. The cancellation of the agreement by JustStay does not constitute the Guest’s claim to damages or other compensation payment. A claim by JustStay to compensation for incurred damage and expenditures remains unaffected in the case of justified contract termination.
8. Liability of JustStay
JustStay shall be liable for damages for which it is responsible due to the loss of life, bodily injury, or health impairment. Furthermore, JustStay shall be liable for other damages that are based on a deliberate or grossly negligent breach of duty by JustStay, as well as for damages that are based on a deliberate or negligent violation of the obligations that are typical for the contract. A breach of duty by JustStay shall be equal to those committed by its legal representatives, employees, or vicarious agents. Unless specified otherwise in these T&C, additional claims for damages shall be hereby excluded.
Should disorders or deficiencies in the services of JustStay occur, JustStay shall endeavor to find a remedy when it becomes aware of the problem or upon a complaint lodged without delay by the Guest. The Guest is obligated to make a reasonable contribution to eliminating the disorder and keep possible damage at a minimum. Furthermore, the Guest is obligated to inform JustStay in due time when there is a possibility of an unusually extensive damage.
For the Guest’s accompanying belongs, JustStay is liable according to the legal regulations. This claim expires if the Guest does not immediately notify JustStay upon discovering the loss, destruction, or damage of the accompanying belongings. In so far as the Guest wishes to bring money, securities, and valuables with a value of more than EUR 800 or other things with a value of more than EUR 3,500 to the hotel, this shall require a separate written agreement with JustStay.
If a parking space in the hotel garage/parking lot is made available to the Guest, even for a fee, this does not establish a safekeeping agreement. JustStay does not have a monitoring obligation. JustStay shall be liable for all damages within the scope of the regulations listed in Section 8. The guest is obligated to immediately report a case of damage and obvious damages; in any case, this must be done before leaving the parking facility. JustStay shall not be liable for damages that are solely the responsibility of other renters or other third persons.
All claims against JustStay shall basically lapse within one year after the start of the statute of limitations. This shall not apply to claims for damages or other claims due to the loss of life, bodily injury, or health impairment and/or due to a grossly negligent or deliberate breach of duty by JustStay.
9. Non-smoking in the hotel
JustStay Hotels in Germany are non-smoking hotels. Smoking is therefore prohibited in both the public areas and the guest rooms. In the case of a violation, JustStay shall have the right to demand a sum in the amount of EUR 250.00 from the Guest as damages for the separate incurred cleaning costs, including possible sales losses due to the impossibility of renting the room. This amount for damages can be set higher or lower if JustStay gives proof of a greater amount of damage or the Guest gives proof of a lesser amount.
Pets shall only be allowed to stay in the room with consent of JustStay. In this case, the Guest is obligated to inform the hotel of the wish to bring a pet in advance. If JustStay consents to the Guest bringing the pet, this occurs under the precondition that the pet shall be constantly supervised by the Guest, that it is free of diseases, and that it also does not represent any other type of danger for the hotel guests and the hotel personnel. The Guest is not permitted to bring an animal into the hotel’s lounge or fitness area. There is an extra change of EUR 5.00 per night for a pet. However, exceptions to this are guide dogs for blind and deaf people, as well as other comparable service dogs. These are allowed to accompany the Guest without charge and at any time.
11. Concluding provisions
Changes and additions to the guest accommodation contract or the General Terms and Conditions must be made in writing. Unilateral changes or additions made by the Guest are invalid.
In so far as the Guest is a businessperson, legal entity of public law, or a separate estate subject to public law, the place of jurisdiction for any conflicts between the parties based on the contractual relationship is Düsseldorf, Germany. In all other cases, Düsseldorf, Germany, shall be the place of jurisdiction in so far as the requirements of § 38 para. 2 ZPO (German Code of Civil Procedure) are fulfilled and the Guest does not have a general place of jurisdiction within Germany.
This contract is subject to the laws of Germany. The application of the UN Sales Convention shall be excluded.
Status as of February 2020