Dear English-speaking guests,
Please find below a translation of our Terms and Conditions for Guest Accommodation. This translation will help you to better understand the Terms and Conditions. However, please note that only the German version is legally binding.
1. Conclusion of the guest accommodation contract
1.1. The basis for the host’s offer and the guest’s booking shall be constituted by the description of the accommodation and the additional information in the basis for booking (e.g. description of location, explanation of classification) where available to the guest at the time of booking.
1.2. The host herewith indicates that, in accordance with the statutory provisions (section 312g subs. 2 sentence 1 no. 9 of the German Civil Code [BGB]), no right of cancellation applies to accommodation contracts which were concluded via distance selling (letters, catalogues, telephone calls, fax, e-mails, mobile text messages (SMS) as well as broadcasting and telemedia), but that merely the statutory provisions on non-utilisation of rental services (section 537 of the Civil Code) apply (cf. also no. 3 of these Terms and Conditions). However, a right of cancellation applies where the accommodation contract was concluded outside business premises, unless the oral negotiations on which the conclusion of the contract was based were conducted upon prior order of the consumer; there shall also be no right of cancellation in the latter case.
1.3. By clicking on the ”zahlungspflichtig buchen” (“book with obligation to pay”) button, the guest makes a binding offer to the host to conclude the accommodation contract. The guest shall receive an electronic confirmation of his/her booking without delay.
1.4. The submission of the offer of contract effected by clicking on the “zahlungspflichtig buchen” (“book with obligation to pay”) button shall not give rise to any claim by the guest to the effective conclusion of an accommodation contract in accordance with his/her booking details. The host may, rather, freely decide whether or not to accept the guest’s offer of contract. The contract shall become effective when the guest receives the booking confirmation from the host.
1.5. If the booking is confirmed in the form of a message to this effect on the screen immediately after the guest makes the booking by clicking on the “zahlungspflichtig buchen” (“book with obligation to pay”) button (real-time booking), the accommodation contract shall become effective on receipt and display of such booking confirmation on the guest’s screen, in which case there is no requirement of an interim message on the receipt of his/her booking. In this case, the guest shall be given the opportunity to save and print the booking confirmation. However, the binding nature of the accommodation contract shall not be contingent on the guest making use of this option to save and print.
2.Arrival and departure
2.1. Unless otherwise specifically agreed in individual cases, it shall not be possible to occupy the accommodation before 2 p.m.; the guest shall arrive by 6 p.m. at the latest. 2.2. The following shall apply to arrivals after this time:
a) The guest shall be required to notify the host by 6 p.m. at the latest, or by the agreed time of arrival, if he/she will be arriving late or, where the stay comprises several days, if he/she does not wish to take up the booked accommodation until a later date.
b) If such notification is not given by the stipulated time, the host shall be entitled to dispose of the accommodation otherwise. The provisions on withdrawal by or non-arrival of the guest contained in the present Terms and Conditions shall apply mutatis mutandis to the period of non-occupancy.
c) The provisions on withdrawal by or non-arrival of the guest contained in the present Terms and Conditions shall apply mutatis mutandis to periods of occupancy during which the guest does not use of the accommodation due to late arrival. The guest shall not be obliged to make any payments to the host for such periods of occupancy if the host is contractually obliged or legally bound to assume responsibility for the reasons causing the late arrival or non-occupancy.
2.3. The guest shall vacate the accommodation by the agreed time, and failing any particular agreement, by 10:30 am on the day of departure. If the accommodation is not vacated in due time, the host may request appropriate additional remuneration. The host shall reserve the right to claim damages for any further loss. A right to use the facilities of the host’s accommodation after 10:30 am on the day of departure only shall apply only in the event of a general declaration to this effect by the host or if an individual agreement has been reached with the host.
3.Withdrawal and non Withdrawal
3.1.Withdrawal or non-arrival without declaration of withdrawal shall only be free of charge for the guest if the host has admitted the possibility of withdrawal free of charge in the form of a general notification or of a separate agreement and if the declaration of withdrawal is received by the host by the deadline specified.
3.2. In the event of withdrawal or non-arrival of the guest without declaration of withdrawal, the host’s claim to receive payment in respect of the agreed accommodation price, including the share for meals and charges for additional services shall continue to be valid. 3.3. The host shall try to arrange for alternative usage of the accommodation within the scope of its usual business operations, without being obliged to make special efforts and taking into account the specific character of the accommodation booked (e.g. non-smokers room, family room).
3.4. The host shall accept offsetting of an alternative occupation and, in so far as this is not possible, of expenses saved.
3.5. In accordance with the percentages accepted by the case-law for the calculation of expenses saved, the guest shall pay the following amounts to the accommodation facility, in each case in relation to the total price of the accommodation services (including all extra charges), however without taking into account any applicable charges for health resort tax: For holiday apartments/accommodation without meals 90%
For bed and breakfast 80%
For half-board 70%
For full-board 60%
3.6. The guest shall reserve the express right to provide evidence to the host that the expenses the latter has saved are substantially higher than the allowances taken into account above, or that an alternative usage of the accommodation services took place. Where such proof has been provided, the guest shall be obliged to pay only the respective lower amount.
3.7. It is strongly recommended to obtain travel cancellation insurance coverage.
3.8. Where the booking has been made directly with the host, the declaration of withdrawal shall be addressed only to the latter, and not to any local tourist information offices or other agencies, and should be made in writing in the interest of the guest.
4.1. The host may request an advance payment of up to 20% of the total price of accommodation per person upon conclusion of the contract (receipt of the booking confirmation or acceptance of a binding offer).
4.2. The total price of accommodation, including all extra charges, shall be due to the host on the date of departure, unless agreed otherwise.
4.3. For stays exceeding one week, the host may draw up an interim invoice, which shall be due immediately.
4.4. Unless otherwise specifically announced or agreed in individual cases, payments shall only be made in cash, and not in the form of credit cards, electronic cash cards or bank transfer. Payments cannot be made in foreign currency.
4.5. If the guest fails to make an agreed advance payment, or to pay the full amount thereof, despite a reminder by the host including a deadline, the host shall be entitled to cancel the contract with the guest and to charge cancellation costs in accordance with no. 3 of these Terms and Conditions from the latter, insofar as the host itself is willing and able to provide the contractual services and the guest has no legal or contractual right of retention.
5. Limitation of liability
5.1. The liability of the host under the accommodation contract in accordance with section 536a of the German Civil Code (BGB) for any damage that does not result from injury to life, limb or health, shall be excluded insofar as it is not caused by an intentional or grossly negligent breach of duty on the part of the host or of a legal representative or agent of the host.
5.2. The host shall not be liable for service disruptions in connection with services which are merely arranged for the guest during his/her stay as recognizably external services (e.g. sports events, visits to the theater, exhibitions, etc.). The same shall apply to external services which have already been arranged together with the booking of the accommodation insofar as these were expressly identified as external services in the offer or booking confirmation.
6. Duties of the guest, provisions concerning pets
6.1. The guest shall be obliged to observe any house or estate rules of which he/she was notified, or with regard to which a reasonable opportunity existed of their becoming known due to their proper communication.
6.2. The guest shall be obliged to notify the host of any defects or disruptions without delay and to request a remedy. A notification of a defect made only to the host shall not be sufficient. In the event of culpable failure to make notification of a defect, claims of the guest may become void in full or in part.
6.3. The guest can only terminate the contract in the event of substantial defects or disruptions. In the notification of defects, he/she shall set the host a reasonable advance period to effect a remedy, unless a remedy is impossible, is refused by the host or termination without delay is factually justified by a special interest of the guest which can be recognized by the host or if for such reasons the guest cannot be reasonably expected to continue his/her stay in objective terms.
6.4. It shall only be permitted to bring pets to the accommodation and keep them there if this has been expressly agreed, provided this possibility is mentioned by the host in the offer. The guest shall be obliged to provide truthful information regarding type and size in such agreements. In the event of any violation of this provision, the host may be entitled to extraordinary termination of the accommodation contract.
7. Choice of law and place of venue
7.1. The contractual relationship between the guest and the host shall be governed exclusively by German law. This shall apply mutatis mutandis to the further legal relationship.
7.2. The guest may sue the host only at its respective domicile. 7.3. For actions filed by the host against the guest, the place of residence of the guest shall be relevant. The place of venue agreed for actions filed against guests who are business persons, legal entities under public or private law, or persons who have their business or private domicile or habitual place of residence abroad, or whose business or private domicile or habitual place of residence is unknown at the time the action is filed, shall be the domicile of the host. 7.4. The above provisions on the choice of law and place of venue shall not apply if and insofar as any provisions of the European Union which are mandatory and applicable to the contract or any other international provisions apply to the contract.