General terms and conditions
Terms and conditions for accommodation services
1. conclusion of the guest accommodation contract
1.1 The basis of the offer of the host and the booking of the guest are the description of the accommodation and the supplementary information in the booking basis (e.g. description of the place, classification explanation) insofar as these are available to the guest at the time of booking.
1.2 The host points out that according to the legal regulations (§ 312g para. 2 sentence 1 no. 9 BGB) there is no right of revocation for guest accommodation contracts concluded at a distance (letters, telephone calls, fax as well as e-mails), but only the legal regulations regarding the non-utilization of rental services (§ 537 BGB) apply (see also clause 3.). However, a right of revocation exists if the guest accommodation contract has been concluded outside business premises, unless the oral negotiations on which the conclusion of the contract is based have been conducted at the prior order of the consumer. In the latter case, there is also no right of revocation.
1.3 By pressing the button (the button) “book with obligation to pay”, the guest offers the host the binding conclusion of the guest accommodation contract. The guest will immediately receive an electronic confirmation of the receipt of his booking.
1.4 The transmission of the contract offer by pressing the button “book with obligation to pay” does not constitute a claim of the guest to the conclusion of a guest accommodation contract according to his booking information. The host is rather free in his decision to accept the contract offer of the guest or not. The contract is concluded upon the guest’s receipt of the host’s booking confirmation.
1.5 If the booking confirmation is made immediately after the guest has made the booking by pressing the button “book with obligation to pay” by corresponding display on the screen (booking in real time), the guest accommodation contract shall come into effect upon receipt and display of this booking confirmation by the guest on the screen, without the need for any intermediate notification of the receipt of his booking. In this case, the guest is offered the possibility to save and print the booking confirmation. However, the binding nature of the guest accommodation contract is not dependent on the guest using these options for saving or printing.
2. Arrival and departure
2.1 Unless otherwise expressly agreed in individual cases, the accommodation cannot be occupied before 1:00 p.m. and the guest must arrive by 6:00 p.m. at the latest.
2.2 For later arrivals applies:
- The guest is obliged to inform the host at the latest by 6:00 p.m. or at the agreed time of arrival, if he/she arrives late or if he/she wants to move into the booked accommodation only on a following day in case of a stay of several days.
- If a timely notification is not made, the host is entitled to occupy the accommodation elsewhere. For the period of non-occupancy, the provisions on withdrawal or non-arrival of the guest in this guest admission conditions apply accordingly.
- For periods of occupancy in which the guest does not use the accommodation due to late arrival, the provisions on withdrawal or non-arrival of the guest in these terms and conditions of accommodation shall apply accordingly. The Guest shall not be required to make any payments to the Host for such periods of occupancy if the Host is contractually or legally responsible for the reasons for the later arrival or non-occupancy.
2.3 The vacating of the guest’s accommodation has to take place at the agreed time, without special agreement at the latest by 11:00 a.m. of the day of departure. If the accommodation is not vacated in time, the host may demand a corresponding additional payment. The host reserves the right to claim further damages. A claim of the guest for the use of the facilities of the accommodation after 11:00 a.m. on the day of departure exists only in case of a general notice of the host in this regard or an agreement made with the host in the individual case.
3 Cancellation and non-arrival
3.1 Cancellation or non-arrival without a cancellation declaration is only free of charge for the guest if the host has granted the possibility of free cancellation in the form of a general notice or a special agreement and the cancellation declaration is received by the host within the specified period.
3.2 In the event of withdrawal or non-arrival of the guest without notice of withdrawal, the claim of the host to payment of the agreed price of the stay, including the catering portion and charges for additional services, remains.
3.3 The host shall make every effort to find another use for the accommodation within the scope of his ordinary business operations, without any obligation to make special efforts and taking into account the special character of the booked accommodation (e.g. non-smoking room, family room).
3.4 The host shall take into account any other use of the accommodation and, if this is not possible, saved expenses.
3.5 According to the percentages recognized by case law for the assessment of saved expenses, the guest must pay the host the following amounts, in each case based on the total price of the accommodation services (including all ancillary costs), but without taking into account any taxes for visitor’s tax: Cancellations and changes that occur up to 28 days before the arrival date are free of charge. Cancellations and changes that are made late, as well as no-shows, will be charged 80 percent of the price of the entire booking.
3.6 The conclusion of a travel cancellation insurance is strongly recommended.
3.7 The notice of cancellation in the case of direct booking with the host is to be addressed exclusively to the host and should be in writing in the interest of the guest.
4. Payment
4.1 After conclusion of the contract (receipt of the booking confirmation or acceptance of a binding offer), the host may demand an appropriate security deposit. In this case, the amount of the advance payment and the payment date can be agreed in text form in the contract.
4.2 The total price of the stay, including all ancillary costs, shall be payable to the host no later than on the day of departure, unless otherwise agreed.
4.3 For stays of more than one week, the host may issue an interim invoice, which is due for payment immediately.
5. Limitation of liability
5.1 The liability of the host from the guest accommodation contract in accordance with § 536a BGB for damages that do not result from injury to life, limb or health is excluded, unless they are based on an intentional or grossly negligent breach of duty by the host or a legal representative or agent of the host.
5.2 The host is not liable for service disruptions in connection with services that are recognizable to the guest during the stay as external services (e.g. sporting events, theater visits, exhibitions, etc.). The same applies to external services that have already been arranged together with the booking of the accommodation, insofar as these are expressly marked as external services in the invitation to tender or the booking confirmation.
6. Obligations of the guest
6.1 The guest is obligated to observe the house rules, which were made known to him or for which there was a reasonable possibility of knowledge due to corresponding notices.
6.2 The guest is obligated to immediately notify the host of any defects and disturbances and to demand remedy. If the notification of defects is culpably omitted, the guest’s claims may lapse in whole or in part.
6.3 The guest may only terminate the contract in the event of significant defects or disruptions. He must first set the host a reasonable deadline for remedial action in the context of the notice of defects. Unless the remedy is impossible, is refused by the host or the immediate termination is objectively justified by a special interest of the guest recognizable to the host or for such reasons the continuation of the stay is objectively unreasonable for the guest.
7. Choice of law and place of jurisdiction
7.1 The contractual relationship between the guest and the host shall be governed exclusively by german law. The same applies to the other legal relationship.
7.2 The guest may sue the host only at the host’s place of business.
7.3 For lawsuits of the host against the guest, the domicile of the guest is decisive. For lawsuits against guests who are merchants, legal entities under public or private law or persons who have their place of residence/business or habitual abode abroad, or whose place of residence/business or habitual abode is unknown at the time the lawsuit is filed, the place of jurisdiction shall be the host’s place of business.
7.4 The above provisions on the choice of law and the place of jurisdiction shall not apply if and to the extent that non-mandatory provisions of the European Union or other international provisions are applicable to the contract.
Status 01/2019
