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Guest admission conditions

For accommodation services

 

1 Conclusion of the guest accommodation contract

  1. The guest accommodation contract is bindingly concluded when the accommodation is ordered and confirmed or made available at short notice.
  2. The booking can be made orally, in writing, by telephone, fax or e-mail. In the interest of the contracting parties, the written form should be chosen.
  3. The booking is made by the booking guest also for all persons listed in the booking, for whose contractual obligations the booking guest is liable as for his own obligations, provided that he has assumed a corresponding separate obligation by express and separate declaration.

2 Services, Prices and Payment

  1. The services owed by the accommodating establishment result exclusively from the booking offer in connection with the information in the catalogue.
  2. The prices stated in the catalogue are final prices and include all ancillary costs, unless otherwise agreed.
  3. The agreed price, including all ancillary costs, is due on the day of departure, unless otherwise contractually agreed.

3 Withdrawal

  1. The conclusion of the guest accommodation contract obliges both contracting parties to fulfil the contract, regardless of the duration of the contract. A unilateral, cost-free withdrawal on the part of the guest from a binding booking is generally excluded.
  2. If the guest nevertheless withdraws from the contract, he is obligated to pay the agreed or customary price, including the catering portion, regardless of the time and reason for the withdrawal. However, the owner of the accommodation establishment must allow saved expenses to be credited against the claim for performance.
  3. According to the percentages recognized by the jurisdiction for the booking, the guest, or client has to pay the following amounts to the host, in each case related to the total price of the accommodation services (including all ancillary costs), but without taking into account any taxes for visitor's tax. For holiday apartments/accommodation without board 90% For bed/breakfast 80% For half board 70% For full board 60%
  4. The proprietor of an accommodation establishment must, in good faith, let an unused accommodation to another party and must allow the resulting savings to be offset against the cancellation fee claimed by him.
  5. The guest has the right to prove that the accommodation company has not suffered any damage or that the damage is considerably less.
  6. The cancellation declaration is to be addressed to the accommodation company and should be made in writing in the interest of the guest.
  7. The conclusion of a travel cancellation insurance is strongly recommended.

4 Defects of the accommodation service

The accommodation provider is liable for the proper provision of the contractually agreed service. If the rented accommodation has a defect that goes beyond a mere inconvenience, the guest has to notify the owner of the accommodating establishment or his representative of the defect immediately in order to enable the accommodating establishment to remedy the defects. If the guest fails to make this notification, he/she shall not be entitled to any claims due to non-fulfilment of the contractual services.

5 Liability

  1. The contractual liability of the accommodating establishment for damages, which are not bodily injuries, is limited to the triple price of the agreed service, as far as the damage is not based on a grossly negligent or intentional breach of duty or on an intentional or negligent breach of duties typical for the contract of the accommodating establishment. The same applies if the guest's damage is due to the fault of a legal representative or vicarious agent of the accommodation company.
  2. The accommodation company is liable for objects brought in by the guest according to the legal regulations (701ff BGB).
  3. The accommodation company is not liable for service disruptions in connection with services that are merely arranged as external services (e.g. sporting events, theatre and concert visits, exhibitions, etc.) and which are expressly marked as external services.

6 Limitation

  1. Claims of the guest against the accommodation company are generally subject to a limitation period of one year from the statutory commencement of the limitation period (§ 199 para. 1 BGB).
  2. Unaffected by this are claims of the guest from injury to life, body or health as well as other claims which are based on an intentional or grossly negligent breach of duty of the accommodation company, a legal representative or vicarious agent.

7 Choice of law and place of jurisdiction

  1. German law is applicable.
  2. The place of jurisdiction for lawsuits of the guest against the accommodation company is exclusively the seat of the accommodation company.
  3. For legal actions of the accommodation provider against merchants, legal entities under public or private law or persons who do not have a general place of jurisdiction in Germany or who have moved their place of residence or habitual abode abroad after conclusion of the contract or whose place of residence or habitual abode is unknown at the time the action is brought, the registered office of the accommodation provider is agreed as the exclusive place of jurisdiction.

Source: DTV Deutscher Tourismusverband e.V.

Guest admission conditions

For accommodation services

 

1 Conclusion of the accommodation contract

  1. The guest accommodation contract is bindingly concluded when the accommodation is ordered and confirmed or made available at short notice.
  2. The booking can be made orally, in writing, by telephone, fax or e-mail. In the interest of the contracting parties, the written form should be chosen.
  3. The booking is made by the booking guest also for all persons listed in the booking, for whose contractual obligations the booking guest is liable as for his own obligations, provided that he has assumed a corresponding separate obligation by express and separate declaration.

2 Services, Prices and Payment

  1. The services owed by the accommodating establishment result exclusively from the booking offer in connection with the information in the catalogue.
  2. The prices stated in the catalogue are final prices and include all ancillary costs, unless otherwise agreed.
  3. The agreed price, including all ancillary costs, is due on the day of departure, unless otherwise contractually agreed.

3 Withdrawal

  1. The conclusion of the guest accommodation contract obliges both contracting parties to fulfil the contract, regardless of the duration of the contract. A unilateral, cost-free withdrawal on the part of the guest from a binding booking is generally excluded.
  2. If the guest nevertheless withdraws from the contract, he is obligated to pay the agreed or customary price, including the catering portion, regardless of the time and reason for the withdrawal. However, the owner of the accommodation establishment must allow saved expenses to be credited against the claim for performance.
  3. According to the percentages recognized by the jurisdiction for the booking, the guest, or client has to pay the following amounts to the host, in each case related to the total price of the accommodation services (including all ancillary costs), but without taking into account any taxes for visitor's tax. For holiday apartments/accommodation without board 90% For bed/breakfast 80% For half board 70% For full board 60%
  4. The proprietor of an accommodation establishment must, in good faith, let an unused accommodation to another party and must allow the resulting savings to be offset against the cancellation fee claimed by him.
  5. The guest has the right to prove that the accommodation company has not suffered any damage or that the damage is considerably less.
  6. The cancellation declaration is to be addressed to the accommodation company and should be made in writing in the interest of the guest.
  7. The conclusion of a travel cancellation insurance is strongly recommended.

4 Defects of the accommodation service

The accommodation provider is liable for the proper provision of the contractually agreed service. If the rented accommodation has a defect that goes beyond a mere inconvenience, the guest has to notify the owner of the accommodating establishment or his representative of the defect immediately in order to enable the accommodating establishment to remedy the defects. If the guest fails to make this notification, he/she shall not be entitled to any claims due to non-fulfilment of the contractual services.

5 Liability

  1. The contractual liability of the accommodating establishment for damages, which are not bodily injuries, is limited to the triple price of the agreed service, as far as the damage is not based on a grossly negligent or intentional breach of duty or on an intentional or negligent breach of duties typical for the contract of the accommodating establishment. The same applies if the guest's damage is due to the fault of a legal representative or vicarious agent of the accommodation company.
  2. The accommodation company is liable for objects brought in by the guest according to the legal regulations (701ff BGB).
  3. The accommodation company is not liable for service disruptions in connection with services that are merely arranged as external services (e.g. sporting events, theatre and concert visits, exhibitions, etc.) and which are expressly marked as external services.

6 Limitation

  1. Claims of the guest against the accommodation company are generally subject to a limitation period of one year from the statutory commencement of the limitation period (§ 199 para. 1 BGB).
  2. Unaffected by this are claims of the guest from injury to life, body or health as well as other claims which are based on an intentional or grossly negligent breach of duty of the accommodation company, a legal representative or vicarious agent.

7 Choice of law and place of jurisdiction

  1. German law is applicable.
  2. The place of jurisdiction for lawsuits of the guest against the accommodation company is exclusively the seat of the accommodation company.
  3. For legal actions of the accommodation provider against merchants, legal entities under public or private law or persons who do not have a general place of jurisdiction in Germany or who have moved their place of residence or habitual abode abroad after conclusion of the contract or whose place of residence or habitual abode is unknown at the time the action is brought, the registered office of the accommodation provider is agreed as the exclusive place of jurisdiction.

Source: DTV Deutscher Tourismusverband e.V.

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