General terms and conditions

Guest admission conditions

The following terms and conditions, insofar as effectively agreed, become the content of the guest accommodation contract concluded between the guest and the accommodation provider - hereinafter abbreviated to "BHB" - in the event of a booking Please therefore 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 a contractual partner of the guest in the booking case nor a travel agent. They 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 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 upon receipt of the electronic booking confirmation by the person making the booking. There shall be no further booking confirmation, in particular not in writing.

3. prices and services, price increases
3.1. The prices quoted are final prices and include statutory VAT and all ancillary costs, unless otherwise stated with regard to ancillary costs. They apply per room, in the case of package offers per person. Separately incurred and shown may be visitor's tax or tourist information 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 property 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 decisive for the BHB's obligation to perform if this was not expressly referred to on the offer page as the content of the performance.
3.3. The BHB may charge a rebooking fee of € 15 per change for rebookings (changes to arrival and departure dates, length of stay, type of catering, booked additional services and other supplementary services) for which there is no legal claim. This does not apply if the change is only minor.

4. payment
4.1. The due date of down payment and final payment is based on the information in the offer and the information referring to this in the booking confirmation. If nothing special is noted there, the entire accommodation price including the fees for ancillary costs 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 by crossed cheque 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 non-arrival
5.1. In the event of withdrawal, 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 force.
5.2. The BHB shall endeavour to use the accommodation for other purposes within the scope of its ordinary business operations, without any obligation to make special efforts and taking into account the special character of an accommodation (e.g. non-smoking rooms, family rooms).
5.3. The BHB shall take into account alternative occupancy and, insofar as this is not possible, saved expenses.
5.4. According to the percentages recognised by case law for the assessment of saved expenses, the guest or the client shall pay the following amounts to the accommodation provider, in each case in relation to 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 holiday apartments/accommodation without board 90%.
- For overnight stay/breakfast 80%
- With half board 70%
- With full board 60%
5.5. 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 elsewhere. In the event of such proof, the guest or the client shall only be obliged to pay the correspondingly lower amount.
5.6. It is strongly recommended that you take out travel cancellation insurance.
5.7. The declaration of cancellation is to be addressed exclusively to the BHB directly. Cancellations via the booking portal or a local tourist information office are not possible.

6. obligations of the customer, termination 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 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 obliged to notify the BHB immediately of any defects and faults that occur 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 can only terminate the contract in the event of significant defects or disruptions. He/she 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 recognisable to the BHB or the continuation of the stay is unreasonable for such reasons.
6.5. Bringing and accommodating pets in the accommodation is only permitted in the event of an express agreement to this effect, if the BHB provides for this possibility in the advertisement. Within the scope of such agreements, the guest shall be obliged to provide truthful information about the type and size. Violations of this may entitle the BHB to extraordinary termination of the guest accommodation contract.
6.6. The BHB can terminate the guest accommodation contract without observing a period of notice if the guest, despite 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 termination 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. liability
7.1. The contractual liability of the BHB for damages that are not bodily injuries is 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 BHB's innkeeper's liability for objects brought in according to §§ 701 ff. BGB shall remain unaffected by this regulation.
7.3. The BHB is not liable for service disruptions in connection with services which are recognisably only arranged as external services for the guest/client during the stay (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 invitation to tender or the booking confirmation.

8. limitation period
8.1. Claims of the guest against the BHB arising from the accommodation contract, irrespective of the legal grounds - but with the exception of claims of the guest arising from tort - shall become statute-barred after one year.
8.2. The limitation period shall commence at the end of the year in which the claim arose and the guest becomes aware of the circumstances giving 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 AF about asserted claims or the circumstances justifying the claim are pending, the limitation period shall be suspended until the guest or the AF 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. German law shall apply exclusively to the contractual relationship between the guest or the client and the BHB. The same shall apply to the other legal relationship.
9.2. The guest can only sue the BHB at its registered office.
9.3. For legal actions of the BHB against the guest or the client, the domicile of the customer shall be 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 usual place of abode abroad, or whose place of residence/business or usual place of 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 foregoing provisions shall not apply if and to the extent that 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; Rechtsanwalt Noll, Stuttgart, 2006
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