Terms & Conditions for guests

By registering, you accept the following general terms and conditions (hereinafter “these Terms”) for the use of the Hotelbird App and the Hotelbird web portal(hereinafter “Hotelbird Services”). You can view these Terms at any time at https://hotelbird.com/en/terms-and-conditions/. By registering, a contract for the use of the Hotelbird Services is concluded between you and hotelbird GmbH (hereinafter
“Hotelbird”) (hereinafter “Usage Agreement”). There is no entitlement to the conclusion of a Usage Agreement.

1. Services Provided

1.1 If the hotel you have booked uses the Hotelbird Services (“Partner Hotel” or “Hotel”), you can check in and check out conveniently via a browser with internet access or your mobile phone without waiting in line, use your mobile phone as a key to your hotel room, or use your Check-In Pass to quickly and easily collect your room card from the reception desk or a kiosk terminal. You can also pay directly with your mobile phone and receive your hotel invoices by email.

1.2 If you provide your email address at the time of booking, you will automatically receive an invitation from the hotel to use Hotelbird’s services, and your booking will be automatically linked to your Hotelbird account. Alternatively, you can find your booking with a Partner Hotel in your account by entering the booked hotel, the reservation number, and your last name.

1.3 The following services are available for the bookings stored in your account:

1.3.1 Online Check-in: You can check in from any location via the app or the web portal three days before arrival.

1.3.2 Depending on the hotel’s equipment, Hotelbird offers the following options for delivering the room key:(a) Digital Key: You receive a digital key together with your room number, which you can use to open your hotel room door. This requires a functioning Bluetooth connection. (b) Check-In Pass: With your Check-In Pass, you can quickly and easily collect your room key from a kiosk terminal or the reception desk.

1.3.3 Online Payment: You can pay conveniently for your stay via the app or the web portal. After successful check-out and payment, you will also receive an invoice for your stay by email.

1.3.4 Online Check-out: On the day of departure, you can check out via the app or the web portal.

1.4 The information available regarding your booking is provided by the respective hotel. Hotelbird has no influence over the accuracy and completeness of the booking data provided by the hotels.

2. Free of Charge

The Hotelbird Services are provided to you free of charge.

3. Registration; Obligation to Update

3.1 Use of the Hotelbird Services requires a one-time registration. Only persons who have reached the age of 18 are eligible to register. All information requested during registration must be provided completely and truthfully. Multiple registration is not permitted.

3.2 Verification of the registration takes place via your email address. After entering your email address, you will receive a numerical code, which you must enter in the application to verify yourself as the owner of the email address in order to use the Hotelbird Services.

3.3 You are obliged to keep the data and information stored with the Hotelbird Services (including contact details) up to date at all times. Any changes must be updated immediately, as this is the only way to ensure smooth operation of the Services. Transfer of the Hotelbird account to other persons is not permitted.

4. Your Obligations as a User

4.1 You are obliged to keep your access credentials confidential. Disclosure to third parties is not permitted. If you suspect that a third party has become aware of your access credentials, you are obliged to change your access credentials immediately and to inform Hotelbird of this circumstance. You bear full responsibility for all actions carried out using your access credentials.

4.2 You are obliged to have any ordered and received “digital keys” blocked immediately and directly with Hotelbird if you lose your mobile phone. To do so, please contact the respective hotel or Hotelbird Support directly.

4.3 Hotelbird takes appropriate technical and organizational measures for your protection in accordance with the state of the art. To further minimize residual risk, you as a user are also obliged to contribute to the security of your systems by ensuring
appropriate security precautions on your devices, in particular a virus scanner. Furthermore, use a password to protect access to your smartphone so that, in the event of loss of the smartphone, third parties cannot gain access to the data, e.g. the Hotelbird App with your key.

4.4 You are prohibited from misusing the Hotelbird Services. This includes, in particular, attempts to gain unauthorized access to premises or to otherwise interfere with the Hotelbird Services in ways not intended, such as exploiting security vulnerabilities or installing malware.

5. Rights of Use

5.1 Hotelbird is the owner or licensee of all intellectual property in the Hotelbird Services. Hotelbird grants you a revocable, non-exclusive, and non-transferable right, limited to the duration of the contractual use of the Hotelbird Services, to use the Services.

5.2 You are prohibited from decompiling or modifying the Services, in particular the associated app, creating derivative works from them, using them for the purpose of reverse engineering, or attempting to gain access to the source code. Access to the Services is only permitted in accordance with the description of services, i.e. via the app or the web portal. The use of web scrapers or similar techniques is prohibited.

6. Availability; Transmission Security

6.1 Since absolute freedom from errors in software is not possible according to the current state of the art, Hotelbird makes no warranty that the Hotelbird Services are error-free or that access to them is possible without interruption.

6.2 Likewise, absolute security cannot be guaranteed for data transmission over the internet, despite the use of common encryption algorithms.

7. Termination

7.1 You may terminate this Usage Agreement at any time in text form. Alternatively, you may also terminate this agreement by deleting your account via the app. A corresponding function is available to you under the Privacy section.

7.2 Hotelbird may terminate the Usage Agreement at any time with two weeks’ notice to the end of the month.

7.3 If there are concrete indications that you have violated statutory provisions, the rights of third parties, or these Terms, or if there is another important reason, your account may be temporarily blocked or deleted and the Usage Agreement terminated
for cause. Re-registration is prohibited after an account has been blocked or deleted.

8. Data Protection

To the extent that Hotelbird processes personal data, this is done in accordance with applicable data protection provisions. Further information can be found in our Privacy Policy at https://www.hotelbird.com/datenschutzerklaerung.

9. Liability

9.1 Hotelbird is liable without limitation in cases of intent, gross negligence, injury to life, body, or health, under the Product Liability Act, and to the extent of any warranty assumed.

9.2 In the case of slightly negligent breach of material contractual obligations (cardinal obligations), Hotelbird is only liable for the typical, foreseeable damage. Material contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.

9.3 In all other cases, Hotelbird’s liability is excluded.

9.4 These limitations of liability also apply in favor of Hotelbird’s legal representatives and vicarious agents.

10. Amendments to These Terms

Hotelbird reserves the right to amend these Terms in the event of material changes to the basis of this contract, such as the applicable legal situation, market conditions, or technical requirements. The amended Terms serve to adapt to the changed circumstances and will be sent to you in advance in text form. Should you not object to the validity of the amended Terms within six weeks of receiving the text-form notification, they shall be deemed accepted by you. You will be informed again of this circumstance in the notification sent to you.

11. Final Provisions

11.1 German law shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

11.2 If the user is a merchant, the exclusive place of jurisdiction for all disputes shall be the registered office of hotelbird GmbH in Munich.

11.3 Should individual provisions of these Terms be invalid, the validity of the remaining provisions shall remain unaffected. In such a case, the parties shall endeavor to close any resulting gaps with economically comparable, legally valid clauses.