Terms & Conditions
1. Scope of application
These general terms and conditions of business apply to all reservations and guest accommodation contracts concluded between Hotel Big Mama Berlin, Clarissa Meier/ Big Mama Leipzig GmbH/ BIG MAMA Berlin/ BIG MAMA Leipzig (hereinafter BIG MAMA Hotels) and third parties (Guests), and to any other services provided and deliveries made by BIG MAMA Hotels. Guests should note that any reservation numbers they receive from third parties (e.g. internet portals) are not identical to the reservation or booking number of BIG MAMA Hotels. Any offers made by BIG MAMA Hotels to conclude a contract for accommodation are subject to change and are non-binding. BIG MAMA Hotels is entitled to refuse to conclude a contract for accommodation with a guest at its discretion.
Reservations may only be made electronically via the online and mobile channels of BIG MAMA Hotels or through third parties/intermediaries (e.g. online booking portals). Reservations by phone, email or other non-automated reservation methods require notification of a reservation confirmation or/ and a reservation number from BIG MAMA Hotels.
By reserving a hotel room, Guests of BIG MAMA Hotels enter into a contract for accommodation. If available, Guests will receive a reservation/booking reference from BIG MAMA Hotels. This will result in a contract for accommodation. This agreement is binding for both parties to the contract. There is no entitlement to a certain room. BIG MAMA Hotels reserves the right to rent out the reserved rooms to another party after expiration or cancellation of the reservation. Guests will receive from BIG MAMA Hotels a binding booking/reservation number, not necessarily a separate written reservation confirmation. It is prohibited to resell/sub-let and/or pass on booked rooms to third parties. In particular, it is not permitted to pass on rooms and/or room allocations to third parties at higher prices than the actual room prices. It is likewise not permitted to assign or sell any claim against BIG MAMA Hotels. In such a case, BIG MAMA Hotels is entitled to cancel the booking, in particular, if a Guest has provided false information about the type of booking or payment when assigning or selling the claim to the third party. Use of the hotel room for a purpose other than that of accommodation is expressly prohibited.
Reservations of more than 6 rooms fall under the group arrangement of BIG MAMA Hotels. For such bookings, a separate contract for accommodation is to be concluded and confirmed by BIG MAMA Hotels, containing special conditions regarding provisions of cancellation and payment conditions (deposit). BIG MAMA Hotels reserves the right to refuse group reservations, for which such a contract for accommodation has not been concluded, or to cancel without replacement.
3. Pre-paid reservations, cancellation and rebooking, charges to the credit card or alternative payment method indicated
For a reservation to be valid, at the time of booking the Guest must either provide details of a valid credit card or indicate an alternative method of payment on the electronic sales channels of BIG MAMA Hotels. BIG MAMA Hotels has the right to an immediate check of the validity of such information and to carry out a pre-authorization of the credit card or alternative payment method indicated. With the pre-authorization a temporary hold is put on the funds of the credit card or alternative payment method. The full cost of accommodation plus any additional services booked will then be charged to the credit card or alternative payment method indicated no later than the date of arrival.
BIG MAMA Hotels is entitled to charge to the credit card or alternative payment method indicated also any outstanding amount(s) owed by the Guest to BIG MAMA Hotels for open positions particularly related to later additional bookings and/or use of facilities and services (e.g. bar consumption or bike rental) or guest behavior (e.g. in room smoking fine).
In the event of a non-refundable rate booking, the full amount due for the stay will already be charged at the time of booking to the credit card indicated by the Guest or the alternative method of payment chosen. Non-refundable rate reservations may in general not be cancelled, rebooked or reimbursed. If it is not possible to charge the amount to a credit card, BIG MAMA Hotels reserves the right to cancel the reservation, whereby the Guest loses the right of use of the room.
Guests may enter their room from 2.00pm of the date of arrival of their booking.
For flexible rate bookings, the full amount of the stay will be pre-authorised on the credit card indicated by the Guest or the alternative method of payment, starting from two days prior to the date of arrival. As soon as the Guest has received his room keycard at the reception, a booking can no longer be cancelled or rebooked, regardless of the regulations given below.
The reservation of flexible rate bookings, marked as such in the description or conditions, can be cancelled and rebooked at no charge, usually up to 24 hours before the date of arrival, depending on the terms mentioned in the rate description. In the case of cancellations made less then the deadline before the date of arrival, the cost of the full stay will be charged to the Guest. For re-bookings made less than 24 hours before the date of arrival, provided BIG MAMA Hotels has rooms available for the desired alternative dates. If the current room rates of BIG MAMA Hotels for the new dates are higher than those of the original dates, the Guest is to pay the difference in rates. If there are no rooms available for the desired alternative dates, re-booking is not possible. For non-refundable rate bookings, marked as such in the description or conditions, the full amount of the stay will be charged at the time of booking. In the case of cancellations or no show, the cost of the of the whole stay will be charged to the Guest. No later than the date of arrival, the full cost of accommodation plus any additional services booked will be charged to the credit card. If it is not possible to charge the amount to a credit card, BIG MAMA Hotels reserves the right to cancel the reservation made, whereby the Guest loses the right of use of the room. If the Guest fails to show up (No Show), the full amount for the first night of the stay booked will be charged with a flexible rate booking and the full amount of the stay will be charged with a non-refundable booking. Furthermore, the Guest will lose any further rights of use of the room. BIG MAMA Hotels reserves the right to cancel reservations at any time. Any resulting claims for damages are restricted to the total cost of accommodation of the stay booked.
4. Registration forms and the passing on of personal data
Pursuant to the Meldegesetz [Reporting Act], Guests are obliged to provide their personal information, as well as any additional relevant information for registration purposes, in advance, via the electronic on-line registration of BIG MAMA Hotels.
5. Taxes, fees and duties
The applicable prices correspond to the total price and are inclusive of all statutory taxes, fees and duties. In the event of any changes to the tax rates, fees and duties and the effective collection of new taxes, fees or duties of which the parties were not previously aware, BIG MAMA Hotels reserves the right to adjust the prices accordingly. The accommodation prices shown refer to the room price per night.
6. Means of payments
Valid means of payment for stays at the hotel are Master Card, Visa Card, Diners Card and American Express, as well as other alternative payment methods in Euro indicated on the website of BIG MAMA Hotels in the respective local currency of the booked hotel. Services may not be provided for payment at a later date. Locally valid means of payment for the consumption of food and beverages as well as any other goods or services offered by BIG MAMA Hotels, include EC-card, Master Card, Visa Card and Diners Card, American Express and Cash in EURO.
7. Options of use of reserved rooms
Reserved rooms are at the Guest’s disposal from 2.00pm on the date of arrival until 11.00am on the date of departure. On the date of departure, Guests are required to return their rooms to BIG MAMA Hotels by 11.00am, tidy and without any damage. If, contrary to agreement, Guests fail to return their room on the date of departure by 11.00am in a tidy condition, this will lead to an obligation to pay BIG MAMA Hotels damages in a lump sum fee equal to the full price of one night of the current rate for the hotel room. The Guest is allowed to produce evidence that a loss or a decrease in value to BIG MAMA Hotels through the delayed return of the hotel room, has either not been caused at all or to a considerably lower amount than the above lump sum fee for damages. Furthermore, should Guests return their room late or in an untidy condition, BIG MAMA Hotels reserves the right to have the room tidied up by its personnel and to keep in the hotel any objects of the Guest brought to the room. For any such objects kept, BIG MAMA Hotels declines any further liability beyond the liability provisions set forth in these terms and conditions of business (9).
8. Options of use of public areas
With the reservation and booking of a room, the guest can use the designated public areas, such as the bar, terrace, gaming room, beach etc. without any extra costs. BIG MAMA Hotels reserves the right to close the public areas on a short notice without warning. In case of non-availability of a public area, the guest is not entitled to full or partial reimbursement of payment for accommodation services. The public areas are not considered to be part of the Accomodation Agreement for the booked hotel room.
9. Liability of BIG MAMA Hotels
BIG MAMA Hotels is liable for any damages it causes arising from injury to life, body and health. BIG MAMA Hotels is furthermore liable for any other damage arising from intentional or grossly negligent breach of duty by BIG MAMA Hotels, and for any damages caused by intentional or grossly negligent breach of contractually typical obligations. A breach of duty on the part of the legal representatives, employees or vicarious agents of BIG MAMA Hotels is considered equal to a breach of duty on the part of BIG MAMA Hotels itself. Unless otherwise provided for in these terms and conditions of business, any further claims for damages are excluded. Should the services provided by BIG MAMA Hotels be disrupted or missing, BIG MAMA Hotels will strive to better the situation as soon as it becomes known or is reported by the guest. Guests are obliged to do their utmost to help remedy the disruption and keep any damages to a minimum. Guests are also obliged to inform BIG MAMA Hotels in good time about the possible occurrence of exceptionally high damage.
BIG MAMA Hotels is liable for any objects brought into the hotel, in accordance with statutory provisions, but up to a limit of ten times their value, and up to EUR 2,000.00 for money, securities and valuables. Valuables kept in the safe are insured for a maximum of €2,000. The claim will lapse unless the Guest reports the matter to BIG MAMA Hotels immediately upon becoming aware of the loss, destruction or damage to the objects brought in (§ 703 BGB (Bürgerliches Gesetzbuch [German Civil Code])). For unlimited liability, statutory provisions apply.
10. Liability of the Guest
Guests must treat the hotel room with care. Persons under 18 years must be accompanied by an adult. Persons aged 16 to 17 inclusive may stay overnight with written authorization and a copy of their parents' ID. Children under the age of 14 must be supervised by a grown-up guest at all times during the hotel stay. Guests are liable for any damage caused by them, and for consequential damage. This includes, even in the case of slight negligence, any unreasonable dirt, any damages and the cost incurred for a fire alarm, which has been caused through the stay in the hotel room. The use of electronic devices brought along by guests, such as kettles, irons or hair dryers is not permitted due to fire protection measures. Should costs arise, such as a fire alarm or damage to the interior, through use of such mentioned items the guest is fully liable for costs that arise.
11. Food and drink brought into the hotel
In the public areas, the consumption of beverages brought along is prohibited. The consumption of brought food may be possible after consultation and prior approval with and from the BIG MAMA Hotels team on site. Breakfast can be taken only in the designated rooms of the public area. The preparation of food in the rooms is prohibited.
12. Ban on smoking in the hotel
All BIG MAMA Hotels are non-smoking hotels. It is thus prohibited to smoke either in the common areas or the guest rooms. In the event of an infringement, BIG MAMA Hotels has the right to demand an amount of EUR 250.00 from the Guest by way of damages for the additional cleaning charges, as well as any loss in turnover due to the room being unavailable. The amount of damages charged may be higher or lower, if BIG MAMA Hotels proves a higher amount of damage or the Guest proves a lower amount of damage.
Bringing pets in the form of cats and dogs is permitted after prior notification (booking of the pet flat rate) and is subject to a fee. Exceptions to this are dogs for the blind, hard of hearing or other comparable service dogs, which may be brought at no charge and at any time.
14. Domiciliary right
BIG MAMA Hotels reserves the right to send Guests away from the hotel. This applies in particular, if Guests do not observe instructions given by hotel employees, express themselves in a discriminating manner, harass or endanger other guests.
15. Final provisions
In the event of any conflict between the contract for accommodation and these terms and conditions of business, the provisions of the contract for accommodation will prevail. The contract for accommodation and these terms and conditions of business contain all agreements between the parties relating to the subject matter of the contract. No additional verbal agreements to the contract for accommodation have been made. Any modifications or amendments must be made in writing. Any statements and notifications necessary, pursuant to the contract for accommodation and these terms and conditions of business must be made in writing, unless expressly agreed otherwise. BIG MAMA Hotels is entitled to assign any rights or claims arising from the contract for accommodation to third parties. BIG MAMA Hotels is entitled to have obligations arising from and in connection with the contract for accommodation fulfilled by third parties.
If one or more of the above provisions is invalid, this will not affect the validity of the remaining provisions. The invalid provisions are to be replaced by a valid provision which comes as near as possible to the economic and legal intentions of the parties. The contract for accommodation is governed by the law of the Federal Republic of Germany, to the exclusion of the UN Convention on the International Sale of Goods. Any modifications and amendments to the contract or to the general terms and conditions of business must be made in writing. Unilateral modifications or amendments by the Guest are invalid.
The place of jurisdiction is Munich for any disputes that arise between the parties from the contractual relationship, provided the contract partner of BIG MAMA Hotels is a merchant, legal person under public law or a public law entity.