Terms and Conditions of Accommodation
ABC Hotel GmbH, Steinstraße 19, 78467 Konstanz
Guest admission conditions
the following conditions, if effectively agreed, become the content of the guest accommodation contract concluded between the guest and the accommodation company - hereinafter abbreviated to "BHB" - in the event of a booking. Please therefore read these conditions carefully.
1 Position of TourOnline AG
TourOnline AG is only responsible for the technical operation of the booking system "DIRS21". It is neither a contractual partner of the guest in the booking case, nor a travel agent. Therefore, they are not liable for the information provided by the BHB, services and service disruptions with regard to the services to be provided by the BHB.
2 Conclusion of contract
2.1 With the booking (according to section 2.2), the guest offers the BHB the binding conclusion of the guest accommodation contract.The basis of this offer is the description of the accommodation and the supplementary information in the booking basis (e.g. location description, classification explanation) insofar as these are available to the customer.
2.2 The booking of the accommodation offers of the DIRS21 booking system can only be made electronically by filling in and sending the booking form.
2.3 The contract is concluded with the receipt of the electronic booking confirmation by the person making the booking. A further, in particular written booking confirmation does not take place.
3 Prices and services, price increases
3.1 The stated prices are final prices and include the statutory value added tax and all ancillary costs, unless otherwise stated with regard to the ancillary costs. They apply per room, in the case of all-inclusive offers per person. Separately incurred and shown may be visitor's tax, or tourist taxes (e.g. municipal bed tax, etc.) as well as charges for services billed according to consumption (e.g. electricity, gas, water, firewood) and for optional and additional services.
3.2 The services owed by the BHB result exclusively from the content of the booking confirmation in connection with the respective valid object description shown in the booking portal and the information on services there. Comfort and equipment of the BHB and the booked accommodation. Deviating descriptions of the BHB, its equipment and services as well as the booked accommodation in house brochures of the BHB, host directories or other documents are not authoritative for the performance obligation of the BHB, if this was not expressly referred to on the offer page as the content of the performance
3.3 For rebookings (changes regarding arrival and departure dates, length of stay, type of catering, booked additional services and other supplementary services), for which there is no legal claim, the BHB can charge a rebooking fee of € 15,- per change. This does not apply if the change is only minor.
4.1 The due date of down payment and final payment shall be based on the information in the offer and the information referring to it in the booking confirmation. If nothing special is noted there, the entire accommodation price including the fees for incidental expenses and additional services shall be due for payment at the end of the stay and shall be paid to the BHB.
4.2 Payments in foreign currencies and with clearing check are not possible. Credit card payments are only possible if this is indicated or generally offered by the BHB by notice. Payments at the end of the stay by bank transfer are not possible.
5 Cancellation and no-show
5.1 A withdrawal of the guest from the contract concluded with the BHB requires the consent of the BHB in text form. If this is not done, the agreed price from the contract must be paid even if the guest does not use contractual services.
5.2 If a date for the cancellation of the contract free of charge was agreed between the BHB and the guest in text form, the customer can withdraw from the contract until then without any payment or damage claims of the BHB being initiated. The guest's right of withdrawal expires if he does not exercise his right of withdrawal towards the BHB in text form by the agreed date.
5.3 In the event of cancellation, the BHB's claim to payment of the agreed price of the stay, including the catering portion and the fees for additional services, shall remain in effect.
5.4 The BHB shall make efforts to use the accommodation otherwise within the scope of its ordinary business operations, without obligation to make special efforts and taking into account the special character of an accommodation (e.g. non-smoking room, family room).
5.5 The BHB shall take into account any other occupancy and, insofar as this is not possible, saved expenses.
5.6 According to the percentages recognized by case law for the assessment of saved expenses, the guest or the client shall pay the following amounts to the accommodating establishment, in each case based on the total price of the accommodation services (including all ancillary costs), but without taking into account any public charges such as tourist tax or visitor's tax:
- For bed and breakfast 80%.
5.7 The guest/client shall expressly reserve the right to prove to the AF that its saved expenses are significantly higher than the deductions taken into account above or that the accommodation services have been used otherwise. In the event of such proof, the guest or the client shall only be obligated to pay the correspondingly lower amount.
5.8 The conclusion of a travel cancellation insurance is strongly recommended.
5.9 The declaration of cancellation is to be addressed exclusively to the BHB directly. Cancellations via the booking portal or a local tourist information are not possible.
6. obligations of the customer, cancellation by the BHB
6.1 Unless otherwise agreed, the accommodation can only be used by the guest for whom it was booked.
6.2 The guest shall be obligated to treat the accommodation and its facilities as well as all facilities of the accommodating establishment itself only as intended, as far as available (e.g. swimming pool and sauna) according to the regulations for use and overall with care.
6.3 The guest shall be obligated to immediately notify the BHB of any defects and malfunctions occurring and to demand remedy. If the notification of defects is culpably omitted, the guest's claims may lapse in whole or in part.
6.4 The guest may only terminate the contract in the event of significant defects or disruptions. He had to set the BHB a reasonable deadline for remedy beforehand within the framework of the notice of defects, unless the remedy is impossible, is refused by the BHB or the immediate termination is objectively justified by a special interest of the guest recognizable to the BHB or the continuation of the stay is unreasonable for such reasons.
6.5 Bringing and accommodating pets in the accommodation shall only be permitted in the event of an express agreement in this regard if the BHB provides for this possibility in the invitation to tender. Within the framework of such agreements, the guest is obligated to provide truthful information about the type and size. Violations of this may entitle the BHB to extraordinary termination of the guest accommodation agreement.
6.6 The BHB can terminate the guest accommodation contract without observing a period of notice if the guest, regardless of a warning by the BHB, disturbs the operation of the BHB or the implementation of the stay on a sustained basis or if he behaves contrary to the contract to such an extent that the immediate cancellation of the contract is justified. If the BHB tour operator terminates the contract, the provisions in section 6 shall apply accordingly to the BHB's claim for payment.
7.1 The contractual liability of the BHB for damages that are not bodily injuries shall be limited to three times the price of the stay, insofar as a damage of the guest is caused by the BHB neither intentionally nor grossly negligently or insofar as the BHB is responsible for a damage incurred by the guest solely due to the fault of a vicarious agent.
7.2 The innkeeper's liability of the BHB for objects brought in according to §§ 701 ff. BGB shall remain unaffected by this provision.
7.3 The BHB is not liable for service disruptions in connection with services that during the stay for the guest / client recognizable as external services are only mediated (eg sports events, theater visits, exhibitions, etc.). The same applies to external services that are already arranged together with the booking of the accommodation, insofar as these are expressly identified as external services in the invitation to tender or the booking confirmation.
8. limitation of actions
8.1 Claims of the guest from the accommodation contract against the BHB, regardless of the legal grounds - but with the exception of claims of the guest from tort - expire after one year.
8. The limitation period begins at the end of the year in which the claim arose and the guest becomes aware of circumstances that give rise to the claim and the BHB as the debtor or should have become aware without gross negligence.
8.3 If negotiations between the guest and the BHB about asserted claims or the circumstances justifying the claim are pending, the statute of limitations is suspended until the guest or the BHB refuses to continue the negotiations. The aforementioned limitation period of one year shall commence at the earliest 3 months after the end of the suspension.
9 Choice of Law and Place of Jurisdiction
9.1 The contractual relationship between the guest or the client and the BHB shall be governed exclusively by German law. The same applies to the other legal relationship.
9.2 The guest may sue the BHB only at its registered office .
9.3 For lawsuits of the BHB against the guest, or the client, the domicile of the customer is decisive. For lawsuits against guests or clients 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 not known at the time the lawsuit is filed, the place of jurisdiction shall be the registered office of the BHB.
9.4 The above provisions shall not apply if and insofar as non-mandatory provisions of the European Union or other international provisions are applicable to the contract.
© These terms and conditions are protected by copyright; Rechtsanwalt Noll, Stuttgart, 2006