Guest Reception Conditions

the following terms and conditions are, insofar as effectively agreed, the content of the guest accommodation contract that comes into existence in the event of a booking between the guest and the accommodation facility – hereinafter referred to as “BHB”. Please read these terms and conditions carefully.

1. Position of TourOnline AG

TourOnline AG is only responsible for the technical operation of the "DIRS21" booking system. It is neither the contractual partner of the guest in the case of a booking nor a travel agent. You are therefore 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 makes a binding offer to the BHB to conclude the guest accommodation contract. The basis of this offer is the description of the accommodation and the additional information in the basis of the booking (e.g. description of the location, explanation of the classification) 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 out and sending the booking form.

2.3. The contract is concluded when the person making the booking receives the electronic booking confirmation. There will be no further, in particular written, booking confirmation.3. Prices and services, price increases

3.1. The prices quoted are final prices and include statutory VAT and all additional costs, unless otherwise stated with regard to additional costs. They apply per room, in the case of package deals per person. Visitor's tax or tourist information as well as fees for consumption-based services (e.g. electricity, gas, water, firewood) and for optional and additional services may be incurred and shown separately.

3.2. The services owed by the BHB result exclusively from the content of the booking confirmation in connection with the valid property description presented 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 the BHB's house brochures, host lists or other documents are not decisive for the BHB's obligation to provide services, if they are not expressly referred to as service content on the offer page.

3.3. For rebookings (changes to arrival and departure dates, length of stay, type of catering, additional services booked and other supplementary services) for which there is no legal entitlement, the BHB can demand a rebooking fee of €15 per change. This does not apply if the change is only minor.4. payment

4.1. The due date of the deposit and final payment depends on the information in the offer and the information in the booking confirmation that refers to it. If nothing special is noted there, the entire accommodation price, including the charges for ancillary costs and additional services, is due for payment at the end of the stay and to be paid to the BHB.

4.2. Payments in foreign currencies and with a crossed check are not possible. Credit card payments are only possible if this is stated or is generally offered by the BHB through a notice. Payments at the end of the stay by bank transfer are not possible.5. Cancellation and no-show

5.1. In the event of withdrawal, the AF's claim to payment of the agreed price for the stay, including the catering share and the fees for additional services, remains.

5.2. Within the framework of its normal business operations, the BHB must endeavor to use the accommodation for other purposes without being obliged to make any special efforts and taking into account the special character of the accommodation (e.g. non-smoking rooms, family rooms).

5.3. The BHB must allow for a different occupancy and, if this is not possible, offset the saved expenses.

5.4. According to the percentages recognized by case law for the assessment of saved expenses, the guest or client must pay the accommodation facility the following amounts, each based on the total price of the accommodation services (including all ancillary costs), but without taking any public taxes into account such as tourist tax or tourist tax:
- For holiday apartments/accommodation without meals 90%
- With overnight stay/breakfast 80%
- With half board 70%
- With full board 60%

5.5. The guest/client expressly reserves the right to prove to the AF that the expenses saved are significantly higher than the deductions considered above, or that the accommodation services have been used for other purposes. In the event of such proof, the guest or client is only obliged to pay the correspondingly lower amount.

5.6. Taking out travel cancellation insurance is strongly recommended.

5.7. The declaration of withdrawal is to be sent directly to the BHB. Cancellations via the booking portal or a local tourist information office are not possible.

6. Customer Obligations, 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 is obliged to treat the accommodation and its facilities as well as all facilities of the accommodation facility itself, only as intended, if available (e.g. swimming pool and sauna) according to the usage regulations and overall with care.

6.3. The guest is obliged to notify the BHB immediately of any defects and disruptions and to request remedial action. If the notification of defects is omitted culpably, the guest's claims can be omitted in whole or in part.

6.3. The guest is obliged to notify the BHB immediately of any defects and disruptions and to request remedial action. If the notification of defects is omitted culpably, the guest's claims can be omitted in whole or in part.

6.4. The guest can only terminate the contract in the event of significant defects or disruptions. He had previously given the BHB a reasonable period of time to remedy the situation within the framework of the notification 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 that is recognizable to the BHB or for such reasons reasons the continuation of the stay is unreasonable.

6.5. Taking and keeping pets in the accommodation is only permitted in the event of an express agreement to this effect, if the BHB provides for this option in the advertisement. Within the framework of such agreements, the guest is obliged to provide truthful information about the type and size. Violations of this can entitle the BHB to extraordinary termination of the guest accommodation contract.

6.6. The BHB can terminate the guest accommodation contract without notice if the guest, despite a warning from the BHB, persistently disrupts the operation of the BHB or the implementation of the stay or if he behaves in breach of contract to such an extent that the immediate cancellation of the contract is justified . If the BHB terminates the tour operator, the provisions in Section 6 apply accordingly to the BHB’s claim for payment.

7. Liability

7.1. The contractual liability of the BHB for damage that is not bodily harm is limited to three times the price of the stay, insofar as damage to the guest was caused by the BHB neither intentionally nor through gross negligence, or insofar as the BHB is responsible for damage suffered by the guest solely because of the fault of a vicarious agents is responsible.

7.2. The innkeeper's liability of the BHB for items brought in according to §§ 701 ff. BGB remains unaffected by this regulation.

7.3. The BHB is not liable for service disruptions in connection with services that are only mediated during the stay for the guest/client as external services (e.g. sporting events, visits to the theater, exhibitions, etc.). The same applies to third-party services that are arranged together with the booking of the accommodation, insofar as these are expressly marked as third-party services in the advertisement or the booking confirmation.

8. Statute of Limitations

8.1. Claims of the guest from the accommodation contract against the BHB, for whatever legal reason - but with the exception of the guest's claims from tort - expire after one year.

8.2. The statute of limitations begins at the end of the year in which the claim arose and the guest became aware of circumstances that substantiate the claim and that the BHB as the debtor became aware of or should have become aware of without gross negligence.

8.3. If negotiations are pending between the guest and the BHB about asserted claims or the circumstances justifying the claim, the statute of limitations is suspended until the guest or the BHB refuses to continue the negotiations. The aforementioned limitation period of one year comes into effect 3 months after the end of the suspension at the earliest.

9. Choice of Law and Venue

9.1. German law applies exclusively to the contractual relationship between the guest or client and the BHB. The same applies to the other legal relationship.

9.2. The guest can only sue the BHB at its registered office.

9.3. For complaints by the BHB against the guest or the client, the place of residence 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 at the time the lawsuit is filed is known, the registered office of the BHB is agreed as the place of jurisdiction.

9.4. The above provisions do not apply if and insofar as applicable, non-mandatory provisions of the European Union or other international provisions are applicable to the contract.

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© These terms and conditions are protected by copyright; Lawyer Noll, Stuttgart, 2006


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