Terms & Conditions

1. Scope and Applicability
(1) These Terms & Conditions (“T&Cs”) apply to all consulting services provided by Hostelier (“we”, “us”) to business clients within the meaning of § 14 German Civil Code (BGB).
(2) Any terms and conditions of the client that conflict with or deviate from these T&Cs shall not become part of the contract unless expressly agreed to in writing.

2. Services Provided
(1) We provide consulting services in the hospitality sector, including but not limited to operational optimisation, technology implementation, and strategic advice.
(2) The exact scope, deliverables, and timelines are defined in a separate offer, proposal, or service agreement.
(3) Our services are advisory in nature; the implementation of recommendations is the sole responsibility of the client unless otherwise expressly agreed in writing.

3. No Guarantee of Success
(1) We do not warrant that our consulting will achieve specific economic, operational, or commercial results.
(2) Any performance figures or examples are based on prior experience and do not constitute binding forecasts.

4. Client Obligations
(1) The client must provide all information, data, and access required for us to perform the services in a timely and complete manner.
(2) The client is solely responsible for ensuring the legality, compliance, and suitability of any actions taken based on our advice.

5. Fees and Payment Terms
(1) Fees are as stated in the offer or agreement.
(2) Invoices are due within 14 calendar days without deduction, unless otherwise agreed in writing.
(3) All fees are exclusive of applicable VAT.

6. Change Requests / Additional Work
Any services outside the agreed scope will be billed separately at our applicable hourly or daily rates. We will inform the client in advance if additional work is required.

7. Intellectual Property
(1) All materials, methodologies, and documents we provide remain our intellectual property unless expressly transferred in writing.
(2) The client is granted a non-exclusive, non-transferable licence to use such materials solely for its own internal business purposes.

8. Confidentiality
(1) Both parties agree to keep all non-public information confidential, unless disclosure is required by law.
(2) This obligation shall survive for three (3) years after termination of the engagement.

9. Use of Subcontractors
We may use qualified subcontractors or partner companies to perform parts of the services. We remain responsible for the proper performance of the contract.

10. Limitation of Liability
(1) Our liability – regardless of legal theory – is limited to intent and gross negligence.
(2) In cases of slight negligence, we are only liable for breaches of material contractual obligations (“cardinal obligations”) and only for the typical, foreseeable damage.
(3) Liability for indirect damages, loss of profit, or consequential damages is excluded.
(4) The total aggregate liability is limited to the amount of fees paid by the client for the specific services in question.
(5) The above limitations do not apply to liability for injury to life, body, or health, or to liability under the German Product Liability Act (Produkthaftungsgesetz) or other mandatory statutory provisions.

11. Indemnification
The client shall indemnify and hold us harmless from any third-party claims arising from the client’s use of our services or deliverables.

12. Force Majeure
Neither party shall be liable for failure or delay in performing its contractual obligations where such failure or delay is due to events beyond its reasonable control, including but not limited to natural disasters, pandemics, acts of government, strikes, or failures of internet infrastructure.

13. Client Delays
If the client fails to fulfil its cooperation obligations, any agreed timelines will be extended accordingly and any additional costs shall be borne by the client.

14. Partial Performance & Termination
If the engagement is terminated early, we are entitled to payment for all services performed up to the termination date.

15. Travel & Expenses
Unless otherwise agreed in writing, necessary travel, accommodation, and other out-of-pocket expenses will be charged in addition to our fees.

16. Data Protection
We process personal data in compliance with applicable data protection laws, including the General Data Protection Regulation (GDPR). Details are set out in our Privacy Policy.

17. Governing Law & Jurisdiction
(1) These T&Cs and all disputes arising from them are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) Exclusive place of jurisdiction for all disputes is Berlin, Germany, provided the client is a merchant as defined in the German Commercial Code (HGB).

18. Language Clause
In case of discrepancies between different language versions of these T&Cs, the German version shall prevail.

19. Severability
If any provision of these T&Cs is held to be invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.

20. Amendments
We may amend these T&Cs at any time. The version in force at the time of contract conclusion shall apply unless otherwise expressly agreed.