Accommodation Procurement General Terms and Conditions

Transcription

1 Accommodation Procurement General Terms and Conditions The following information is provided as a service for our English speaking guests, in order to assist in understanding of the terms of contract and its legal grounds, in the case of bookings being made, as stated below. However, please take into account that this translation is for services only and that only the German version is valid and has the binding official wording. The following booking Terms and Conditions are subject to the bookings which have been arranged between the customer and the accommodation provider- hereafter referred to as "host" (hotels, guest houses, inns and bed & breakfasts, private rooms and holiday apartments). The terms of contract are according to the German Civil Code BGB. Please read these terms and conditions carefully. 1. All positions via the Oberstaufen Tourismus Marketing GmbH (OTM) are made subject to these Terms and Conditions 1.1. The OTM, unless otherwise expressly agreed, merely functions as an intermediary between the hosts and their accommodation facilities and the customer, which is subject to current availability. The terms and conditions will apply in case of conclusion of a booking contract between the host and the customer. Therefore OTM cannot be held responsible nor accept liability as a result of details and information, rates and shortcomings of services provided by the host The following Terms and Conditions are valid for all bookings for accommodation which constitute to the agreement of the offer released by the OTM Amendments made by the host subject to these terms and conditions can be individually arranged between the customer and host The present terms are not valid for contracts for offers and arrangements/packages or for other offers made by the host or OTM. 2. Conclusion of contract, Travel Agencies, Hotel Guides 2.1. The Accommodation Contract will be concluded as follows: An Accommodation Contract is binding and will be confirmed straight away. 1

2 a) By booking the customer makes the facility a binding offer for the conclusion of an Accommodation Contract. The basis of this offer is the accommodation description and all additional information presented in the documentation (e.g. description of town, classification remarks) the customer then books on the basis of this. b) The customer is bound to this contract, unless other stated, up to 5 workdays. c) Bookings made electronically will be sent to the client as electronic confirmation of receipt by return. d) The contract is concluded by the host with a letter of acceptance (the confirmation of booking). The letter of acceptance need not have a definite form, with the consequence that oral confirmation and acceptance on the phone are legally binding for the customer and the host. e) As a rule when oral or telephone bookings take place a written copy of the booking confirmation will be sent to the client. The obligation of the Accommodation Contract is lawfully binding regardless of the date of the written letter of confirmation. f) If confirmation of booking diverges from the customer s booking, this constitutes a new offer made by the host. The contract is concluded on the basis of this new offer, if the customer affirms his acceptance of this by explicit statement, payment of deposit or of the balance or taking up of accommodation. Bookings made due to offers made by the hosts. a) The customer can express his booking requests electronically. The requests made are not binding and therefore have no contractual commitment. b) The host makes the customer an offer equivalent to the description stated in the accommodation search and relevant to the booking request (or possible alternatives). c) The offer will be sent as a rule per . This is deemed a binding offer by the host and is therefore seen as an Accommodation Contract. d) The Accommodation Contract is concluded when the customer accepts the offer made by the host, without amendments or restrictions, alterations or extensions within the period of time mentioned, by taking up the accommodation. e) As a rule the host will send a written confirmation of booking. The obligation of the Accommodation Contract is binding regardless of the return date of the written letter of confirmation Information in hotel guides and similar directories that are not edited by the OTM or the host is not binding for the host and its obligation to perform, unless the content of the obligation to perform has been otherwise expressly agreed upon between the customer and the host/facility. 2

3 2.3. Bookings made by private individuals for a third party are liable for all contractual commitments of fellow passengers/visitors, for whom the booking has been made, as well as her/his own, in so far as he has accepted such a commitment by explicit and separate declaration In case of bookings being made by a customer for companies, clubs, authorities or customers in charge of a group then the customer making a booking is/are liable for all contractual commitments of fellow passengers/visitors, for whom the booking has been made, and not the individual participant, unless otherwise expressly agreed. 3. Reservations without obligation 3.1. Reservations without obligation that entitle free of charge withdrawal from the contract are only possible in case of a respective explicit agreement with the host In the event that no reservation has been explicitly agreed upon, the booking represents a binding offer for the conclusion of an Accommodation Contract between the host and the customer as stated per item 2 (Conclusion of Contract) of the present Accommodation Procurement Terms and Conditions When a reservation without obligation has been agreed upon by the customer, the chosen accommodation must be held available by the host up to an agreed period of time for the customer. The customer is obliged to inform the host within the agreed period of time if the reservation should be considered as a binding booking. In case of non-transmission of communication, the reservation becomes invalid without the host s obligation of notification. If the communication has been transmitted with due notice, the booking becomes binding, regardless of the host s confirmation of booking. 4. Prices and services, minors, changes 4.1. The prices indicated are final prices and include the statuary sales tax and all other additional charges, unless these are otherwise indicated The services owed by the host result solely from the content of the booking confirmation jointly with the valid accommodation description as well as additional possible agreements made with the customer/client. The customer/client is advised to make any additional agreements in writing The host is not responsible for the supervision of co-travelling minors. Supervision and monitoring, regarding sources of danger and hazards, house and courtyard regulations, is the sole duty of the parents/adult chaperone accompanying the under-age person. 3

4 5. Terms of payment 5.1. The maturity of a deposit and the balance complies with the agreement met with the customer and with the regulation stated in the booking confirmation. Unless otherwise expressly agreed, the payment of the whole accommodation price, inclusive of extra charges and additional services, will be made to the facility upon checking-out The host is entitled to payment of expenses incurred by the customer, for more than one week after the departure date (e.g. for supplementary services which are not included in the accommodation price such as food/drink expenses). The host reserves the rights to remind the customer and to invoice the customer subsequently The host reserves the rights to claim a deposit, after the conclusion of contract. If not else agreed, the deposit amount charged is 15% of the final price for accommodation and booked services. 5.4 Payments in foreign currencies and account-only cheques are not admissible. Payment by credit card is only possible if it has been expressly agreed upon or offered by the facility in a notice applying to all customers. Payments by way of bank remittance upon checking-out are not admissible The host reserves the rights to cancel the contract by default of payment of deposits or part payments, which haven t been made within the deadline or by final reminder stated by the host (unless the customer has the rights of a lawful right of retention) and is able to claim compensation, stated by item 6 of the present Accommodation Procurement Terms and Conditions. 6. Cancellation and non-arrival 6.1. In the event of withdrawal by the customer, the host is entitled to compensation of the agreed price for the booked accommodation including meals and other services The host should try to relet the unused accommodation to another party in the course of its usual business operations without obligation to make any special offers and taking into consideration particular characters of booked accommodation, such as non-smoking and family rooms The host is entitled to deduct the savings in expenses, if it proves impossible to rent the booked accommodation which became available by cancellation, to another party As per percentage recognised by law for the calculation of expenses spared, the customer must pay the following amounts to the host, in each case relative to the total accommodation price( including all incidental costs) but without taking into consideration possible public charges such as visitor s or health resort tax: - For holiday apartments/accommodation without board 90% - For accommodation/breakfast 80% 4

5 - For half board 70 % - For full board 60 % 6.5. The customer/client reserves the explicit right to provide evidence to the host, that its savings in expenses are much higher than the aforementioned, taken into consideration deductions, or that the accommodation or some other service has been provided to another party. In the event of such confirmation, the customer is only obliged to pay the lower amount It is strongly recommended that you take out a travel and cancellation insurance to cover the costs of a possible withdrawal. 7. Scheduled arrival and departure 7.1. Visitor s/customers arrival should take place at the agreed point in time, at the latest up to 6.00 p.m The following applies for late arrivals: a) It lies within the visitor s/customer s duty to inform the host in the event of a late arrival or if the arrival is postponed by a day if the duration booked is for a few days. b) If the host isn t informed on time the host reserves the rights to let the room out to another guest. In the event of non-arrival the agreed remuneration is to be settled for the duration of non-letting, as per item 6. c) In the event of a postponed arrival, the visitor is obligated to pay the host compensation, relative to the total accommodation price, including all incidental costs, for undrawn occupancy services as stated in items 6.4 and 6.5., unless otherwise lawfully agreed upon by the host The visitor s departure must take place at the agreed point in time without any additional agreement, at the latest, by a.m. of the departure date. In the event of a late vacation of the lodging, the host is entitled to claim a respective additional remuneration. The right to put forward claims for damages caused by delayed performance remains in effect. 8. Customer s duties, bringing of animals, withdrawal by the host 8.1. It lies within the visitor`s duty to take good care of the accommodation and its premises (e.g. swimming pool and sauna) as well as all hotel equipment, only as directed in so far as available, according to the house regulations It lies within the visitor s duty to inform the host immediately of shortcomings and defects as well as to demand redress. 5

6 8.3. The visitor must abide by the notified house and courtyard regulations and is obligated to take these into consideration, if reasonable The visitor is obliged to notify the host of damages or defects or malfunctions. A notice of defect directed only to the OTM is not sufficient. Should the customer s notice of defect have been committed through his own fault, the visitor s claim will be completely or partially ruled out The visitor is entitled to cancel the contract only in case of considerable shortcomings or defects. He must previously set the facility a deadline for remedy in his notice of defect, if the remedy is not possible, the host refuses the remedial measures or the grounds for an immediate cancellation are evident and objectively justified or if such circumstances occur, under which it cannot be objectively expected from the visitor that he continues his stay For the bringing of animals the following is applicable: a) Accommodating pets in lodgings is only possible if expressly agreed upon and only if the facility has foreseen this possibility in its tender. b) The customer is obliged to provide accurate data about his pet s size and breed in the context of such agreements. c) In case of violation of the rules, the host is entitled to an extraordinary cancellation of the accommodation contract. d) The host reserves the rights to refuse entry to the accommodation if the data proves to be incorrect about the size and breed of the animal, resulting in cancellation of the accommodation contract, including cancellation fees as stated in item Limitation of liability The facility/host shall not be liable for disruptions to services which have recognisably been arranged for the customer as third party services during his stay (i.e. sporting events, concerts, theatre visits, exhibitions). The same shall apply to third party services which were arranged together with the accommodation booking, provided that they are expressly indicated as third party services in the advertisement or booking confirmation. 10. Exclusion of claims and limitation 10.1.Contractual claims on the part of the visitor/customer against the host arising from death injury to body or health, including contractual claims for compensation for immaterial damage due to negligent breach of duty or due to deliberate or negligent breach of duty of their legal representative, expire by limitation in three years. This also applies to claims for compensation for 6

7 other losses by intent or in a case of gross negligent violation of duties and breach of contract on part of their host or legal representative All other contractual claims expire by limitation in one year The period of limitation starts at the end of the year in which the claim occurred and the customer informed or would have informed without gross negligence the host about the circumstances that justified the claim against his claim opponent If negotiations are pending between the visitor and the host, the claims lodged or the grounds on which the claims are based, the period of limitation is delayed until the visitor, or the host refuse to continue negotiations. The limitation of one year accrues at the earliest 3 months after the end of the delay. 11. Place of jurisdiction and governing law All contractual agreements made between the customer and the host are according to German law In the case of contractual claims being lodged by the host or guest from abroad, where the German statutory law is not applicable, the calculation and processing of claims and expenses will be made due to the jurisdiction and conditions applicable to the statutory law in Germany The customer can only claim compensation against the host/facility according to the statutory law, where the latter has his place of residence In the event of claims being lodged by the host against the customer; the performance of jurisdiction shall take place at the place of residence of the customer. If the person being prosecuted has his/her place of residence, during this time abroad, whether private or registered as a business address, or is unknown, then the place of residence of the host will be made valid and will be applicable for the performance of jurisdiction The aforementioned provisions shall not apply, if and to the extent, on the basis of European rules on the application of law in cross-border contract provisions in Regulation of the European Union or of home country of a consumer from the EU countries, which are more favourable to consumers than the aforementioned provisions, or the applicable statutory law in Germany. --- Copyright; RA Noll, Stuttgart,

8 Oberstaufen Tourismus und Marketing GmbH, CEO: Bianca Keybach Handelsregister beim AG Kempten, HRB 7439 Hugo-von-Königsegg-Straße 8, Oberstaufen Tel: / Fax: / info@oberstaufen.de 8