General Terms and Conditions:
1. Conclusion of the accommodation contract1.1 The basis of the host’s offer and the guest’s booking 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 guest at the time of the booking.
1.2 The host points out that according to the statutory provisions (§ 312g para. 2 sentence 1 no. 9 BGB), there is no right of revocation for guest accommodation contracts concluded by means of distance selling (letters, catalogues, telephone calls, telecopies, e-mails, messages sent via mobile phone service (SMS) as well as broadcasting and telemedia), but only the statutory regulations on the non-utilisation of rental services (§ 537 BGB) apply (see also No. 3. of these guest accommodation conditions). However, there is a right of withdrawal 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 withdrawal.
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 shall receive an electronic confirmation of the receipt of his booking without delay.
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 details. Rather, the host is free to decide whether or not to accept the guest’s contractual offer. The contract is concluded upon receipt of the host’s booking confirmation by the guest. 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 an intermediate notification of the receipt of his booking. In this case, the guest shall be offered the option of saving and printing 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 departure2.1 Unless otherwise expressly agreed in individual cases, occupation of the accommodation is not possible before 3:00 p.m. and the guest’s arrival must take place by 6:00 p.m. at the latest.
2.2 For later arrivals the following applies:
a) The guest is obliged to inform the host by 6:00 p.m. at the latest or at the agreed time of arrival if he arrives late or, in the case of stays lasting several days, does not wish to move into the booked accommodation until the following day.
b) If no notification is made in due time, the host shall be entitled to occupy the accommodation elsewhere. For the period of non-occupancy, the provisions on withdrawal or non-arrival of the guest in these guest accommodation conditions shall apply accordingly.
c) For periods of occupancy in which the guest does not make use of the accommodation due to late arrival, the provisions on the guest’s withdrawal or non-arrival in these terms and conditions of accommodation shall apply accordingly. The guest shall not be required to make any payment 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 guest’s accommodation must be vacated at the agreed time, without any special agreement, at the latest by 12:00 noon on the day of departure. If the accommodation is not vacated in due time, the host may demand a corresponding additional payment. The host reserves the right to assert further damages. The guest shall only be entitled to use the facilities of the accommodation establishment after 12:00 noon on the day of departure in the event of a general notice to this effect by the host or an agreement made with the latter in the individual case.
3. Cancellation and non-arrival3.1 Cancellation or non-arrival without a cancellation declaration shall only be free of charge for the guest if the host has granted the possibility of cancellation free of charge in the form of a general notice or a special agreement and the cancellation declaration is received by the host within the specified period of time.
3.2 In the event of withdrawal or non-arrival of the guest without notice of withdrawal, the host’s claim to payment of the agreed price of the stay, including the catering portion and the charges for additional services, shall remain in force.
3.3 The host shall endeavour to use the accommodation for other purposes 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 alternative occupancy and, insofar as this is not possible, saved expenses.
3.5 According to the percentages recognised by case law for the assessment of saved expenses, the guest shall pay the following amounts to the host, in each case in relation to the total price of the accommodation services (including all ancillary costs), but without taking into account any charges for visitor’s tax:
For holiday apartments/accommodation without board 90%
For bed and breakfast 80%
For half board 70%
For full board 60%
3.6 The guest expressly reserves the right to prove to the host that his saved expenses are significantly higher than the deductions taken into account above or that the accommodation services have been used elsewhere. In the event of such proof, Guest shall only be obliged to pay the correspondingly lower amount.
3.7 The conclusion of a travel cancellation insurance is strongly recommended.
3.8 In the event of direct booking with the host, the notice of cancellation is to be addressed exclusively to the host, not to local tourist offices or other intermediaries, and should be made in writing in the interest of the guest.
4. Payment4.1 After conclusion of the contract (receipt of the booking confirmation or acceptance of a binding offer), the host may demand a deposit of up to 20% of the total price of the stay per person.
4.2 The total price of the stay, including all ancillary costs, shall be payable to the host on the day of departure, unless otherwise agreed.
4.3 The host may issue an interim invoice for stays of more than one week, which is due for payment immediately.
4.4 Unless otherwise expressly stated or agreed in individual cases, payments are only possible in cash, not by credit card, EC card or bank transfer. Payments cannot be made in foreign currencies.
4.5 If the guest fails to make an agreed down payment or fails to make it in full despite a reminder from the host setting a deadline, the host shall be entitled to withdraw from the contract with the guest and to charge the guest with withdrawal costs in accordance with section 3 of these terms and conditions, provided that the host itself is willing and able to provide the contractual services and provided that the guest has no statutory or contractual right of retention.
5. Limitation of Liability5.1 The liability of the host from the guest accommodation contract according to § 536a BGB (German Civil Code) for damages that do not result from injury to life, body 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 vicarious agent of the host.
5.2 The host is not liable for service disruptions in connection with services which during the stay are recognisably only arranged for the guest as external services (e.g. sporting events, theatre visits, exhibitions, etc.). The same applies to external services which are already arranged together with the booking of the accommodation, insofar as these are expressly marked as external services in the advertisement or the booking confirmation.