1. SCOPE OF APPLICATION
These Terms and Conditions apply to the use of the the Design Hotels™ websites and all bookings of hotels via the reservation system of Design Hotels AG, Stralauer Allee 2c, 10245 Berlin.
2. GENERAL USE OF THE DESIGN HOTELS™ WEBSITE
On the Design Hotels™ websites you can search for the availability and rates of hotels and rooms of your choice at dates defined by you for a specific number of travelers. Design Hotels™ reserves the right to discontinue its websites at any time.
- HOTEL CONTENT AND CATEGORIES
All information about a hotel and the descriptions of a hotel are based on the hotel's own assessment. All content about a hotel that is displayed on the Design Hotels™ websites is provided to Design Hotels™ by the respective hotel and Design Hotels™ acts as content provider for the hotel only and is thus not responsible for content, any omissions or typographical errors referring to a hotel. As far as displayed on the Design Hotels™ websites the internationally used hotel classification into stars offers noncommittal information about the hotel's standard, in consideration of self-assessment by the hotel which was provided by the hotel.
- PRICES AND TAXES
All prices displayed on the Design Hotels™ websites are current, low day prices, shown in the name of the individual hotel and are valid for all bookings made via the reservation system of Design Hotels™ as described below in section 4. All prices have been provided by the hotel and Design Hotels™ acts as content provider for the hotel only and is thus not responsible for any errors of prices referring to a hotel.
For Germany, prices displayed on the Design Hotels™ websites always include service charges and VAT. For other countries regulations and rules regarding taxes differ. Please note, that a visitor's tax might apply in certain locations. In some countries, a local tax and/or a service charge is levied on the travel price or room rate. The amount of this tax changes all the time and can’t generally be estimated but requires specific information like the exact period of stay, number of people staying etc. to be calculated. Thus any information regarding such taxes is always noncommittal, as long as you do not enter specific travel dates. When you make a booking as per below Section 4 the applicable taxes will in any case be displayed.
You can register on the Design Hotels™ website. If you voluntarily provide personal data as part of such registration, it will be used to prefill the personal details form upon making a booking, and/or be used to provide you with more refined topics in our communications, should you have opted in to any of our newsletters. You can cancel your registration with Design Hotels™ at any time. Please send an according e-mail to firstname.lastname@example.org
4. AUTO LOG IN
5. ACCOMMODATION CONTRACT AND PAYMENT
If you make a booking through Design Hotels AG’s reservation system the accommodation contract comes into effect between you and the hotel of your choice. You pay the confirmed price directly in the hotel. Any claims and obligations out of the accommodation contract only exist between you and the hotel chosen by you. Design Hotels™ does not enter into the contract with you about the accommodation. Rates available and any booking made via the Design Hotels™ reservation system can’t be combined with other offers or promotions.
Bookings take place according to the best and currently lowest Design Hotels™ day price in each case. This price is submitted directly by the hotel for the arrival date chosen, and is shown in the name of the hotel. Available design hotels last-minute, seasonal, weekend or special prices will be considered automatically during the booking. Please be advised Converted rates using the website currency converter are based on an estimation of that days exchange rate.
- MAKING A BOOKING
If you want to make a booking after your availability search, you will have to fill in personal details about you and your credit card details. The credit card details are required to guarantee your booking, the charges will be made by the hotel. If you are logged in to your account the personal details will be pre-filled. By clicking the button “CONFIRM REGISTRATION. Charged upon arrival” you make a binding offer to book the selected room. Prior to making the booking, i.e. prior to clicking the button, you can identify any errors in the data you have provided directly on the website and correct them by clicking “edit” next to the hotel and room description.
Every booking offer you make will be forwarded to the corresponding hotel and any messages from the hotel to you, particularly the confirmation of your booking will be forwarded to you via Design Hotels™ as carrier of the message. Design Hotels shall have a relationship with you and the hotel only as an independent third party and shall not be a partner, trustee, representative or sub-contractor either for you or the hotel. Also, the hotel shall not be a sub-contractor or vicarious agent of Design Hotels™. As soon as you receive the booking confirmation from the hotel via the Design Hotels™ reservation system, you have entered into a contract with the hotel and the booking is binding. You will receive a customer booking reference number together with the confirmation of your booking. The use of the Design Hotels™ reservation system is free of charge for you. Bookings are not transferable to any other person and can not be transferred or exchanged for cash or credit.
You do not have a statutory right of withdrawal from a booking as per Sec. 312 g para 2 no. 9 of the German Civil Code (BGB).
However, a hotel may voluntarily offer a right to cancel or change a booking for selected offers in the Design Hotels™ reservation system. Any such right will be displayed in the order form before you make your order. Where a hotel voluntarily grants such right to cancel or to change a booking in the Design Hotels™ reservation system, any such changes and cancellations have to be carried out via the Design Hotels™ online system or via the Design Hotels™ reservation number (see www.designhotels.com) to be fully effective. In case of a change or cancellation carried out directly at the hotel, Design Hotels™ cannot provide any information concerning possible discrepancies concerning the date of the cancellation or the fact of cancellation as such.
- STORING AND ACCESSIBILITY OF THE CONTRACT
We will store your booking information and the terms and conditions applicable to the booking (collectively referred to as “contract”). The current version of our terms and conditions is available for you at https://www.designhotels.com/terms. We also store older version of our terms and conditions. You can access your booking information also after the booking via your Design Hotels™ account.
- In case of intent or gross negligence on part of Design Hotels™ or by its agents or vicarious agents in performance Design Hotels™ shall be liable according to the provisions of applicable law. The same applies in case of breach of an essential contractual obligation (an obligation that must be fulfilled to enable the correct execution of the agreement and which the customer may usually trust and may trust that it will be fulfilled); however, to the extent such breach was unintentionally Design Hotels™ liability shall be limited to typical damages foreseeable under the contract.
- Design Hotels™ liability for culpable damage to life, body or health as well as our liability under the Product Liability Act shall remain unaffected.
- Any liability not expressly provided for above shall be disclaimed. Particularly Design Hotels™ disclaims any liability for the reproduction of this website through a third party website or access to this website obtained through a third party website or any user’s home page, which reproduction misstates or omits any of the information or limitations and conditions on the room rates and products offered through this website
7. INTELLECTUAL PROPERTY
All trademarks (including, but not limited to, the Design Hotels™ trade mark, reproductions of Design Hotels™ logo), copyright, database rights and other intellectual property rights in the materials on this website (as well as the organisation and layout of this website) together with the underlying software code are owned either directly by Design Hotels™ or by its licensors. Without Design Hotels™’ prior written permission, you may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any material on this website or the underlying software code whether in whole or in part. However, the contents of this website may be downloaded, printed or copied for your personal non-commercial use. The Design Hotels™ logo is a registered trademark and is the property of Design Hotels™ and may not be used or reproduced without Design Hotels™’ express written permission.
Data transfer into other data carriers, even part of it, or its use for a different purpose to the one designated here, is only permitted with the explicit permission of Design Hotels™, except where explicitly permitted by applicable law.
8. GOVERNING LAW AND PLACE OF JURISDICTION
All legal relation between you and Design Hotels™ shall exclusively be governed by the laws of the Federal Republic of Germany. If you act as a consumer and have entered into a contract while residing in another country, the application of mandatory law of such country shall not be affected by the previous sentence.
If you are a trader or an entity of public law, the competent courts in Berlin shall have jurisdiction for all disputes. Design Hotels™ shall, however, also be entitled to sue you at your general venue.
The invalidity or unenforceability of any of these Terms and Conditions shall not affect, impair or invalidate any of the remaining terms and conditions.
The website is owned and operated by Design Hotels™.
The website can be used, registrations and bookings can be made and in the English language.
Plattform of The European Commission for online dispute resolution: www.ec.europa.eu/consumers/odr