TERMS AND CONDITIONS FOR ACCOMMODATION SERVICES
Dear Guest,
The following terms and conditions govern the contractual relationship between you and the accommodation provider. If you book through a tourist office, information or booking system, or any other tourism office - hereinafter called "Agency" - the Agency, as the booking office, will arrange accommodations according to the current booking offerings. Contractual relationships arise directly between you and the accommodation provider. The following terms and conditions, insofar as they are effectively incorporated, become part of the accommodation contract arising between you and the accommodation provider, hereinafter "AP." We therefore ask you to read these terms and conditions carefully.
1. Entering into the Accommodation Contract, Status of the Agency
1.1 Through the booking, which may take place verbally, in writing, by phone, by fax, via the Internet, or by e-mail, the guest submits a binding offer to the AP, represented by the Agency as its agent, to enter into an accommodation contract.
1.2 The accommodation contract with the AP shall come into effect at the time of receipt of the booking confirmation issued by the Agency as the AP's agent. The booking confirmation shall not require a certain form.
1.3 The guest carrying out the booking does so for all persons included in the booking. In addition to being responsible for his/her own contractual obligations, the guest carrying out the booking shall also be responsible for the contractual obligations of the other persons included in the booking if the guest has committed to such responsibility by means of an explicit, separate statement.
1.4 The Agency exclusively acts as an agent for the booked accommodation services.Die Vermittlungsstelle hat ausschließlich die Stellung eines Vermittlers der gebuchten Unterkunftsleistung.
2. Reservations
2.1 Non-binding reservations which entitle the guest to cancel the reservation free of charge shall only be possible through a corresponding explicit agreement with the AP or the Agency as the AP's agent. If such an agreement was not made, the booking, in principle, shall lead to a legally binding contract for the AP and the guest in accordance with Item 1.1 and Item 1.2.
2.2 If a non-binding reservation is agreed upon, the guest shall notify the AP or the Agency by the agreed upon date if the reservation is to be treated as a binding booking. Failure to do so shall result in the cancellation of the reservation without further obligation on the part of the Agency to inform the guest thereof. If the guest notifies the AP or the Agency by the agreed upon date, Item 1.2 shall apply correspondingly.
3. Services and Prices
3.1 The services owed by the AP exclusively result from the description of services as provided in the basis of the booking (brochure, accommodation directory, mailed offer, Internet site) in accordance with the information and explanations contained therein insofar as these are available to the guest.
3.2 Unless otherwise explicitly recorded or agreed upon, all prices stated are final prices and include all incidental costs. Possible charges to be paid in addition to the listed prices primarily concern visitor's tax, tourist tax, usage-based costs (e.g. for vacation apartments and vacation homes) as well as compensation for additional booked services.
4. Payment
4.1 If booking takes place at least 14 days prior to the beginning of the stay, the guest shall, when entering into the contract (receipt of the booking confirmation by the guest in verbal, written, or electronic form), make a deposit of 10% of the total price within 7 days after the booking unless explicitly agreed upon otherwise. This deposit shall exclusively be made to the AP, not the Agency.
4.2 In the case of bookings made less than 14 days prior to the beginning of the stay, the deposit shall be paid immediately.
4.3 Insofar as the AP is willing and able to provide the contractual services, the guest shall not be entitled to the use of the contractually agreed services if the deposit - if necessary to be paid upon arrival - has not been paid in full.
4.4 The full payment of the balance including incidental and usage costs shall be paid to the AP on the day of departure.
4.5 In the case of stays exceeding 7 days, the AP shall be entitled to carry out interim billing for additionally booked services - particularly those booked on site - or any services used or usage-based costs as per contractual agreements. These shall be paid immediately.
5. Cancellation by the Guest
5.1 We point out that - irrespective of the type of booking method or the duration of the stay - the guest shall not be entitled to a general statutory right of cancellation or rescission without charges with regard to the accommodation contract entered into.
5.2 In the case of a cancellation or any other non-utilization of the booked accommodations (completely or partially), the AP shall remain entitled to payment of the agreed upon price for the stay, including charges for meals.
5.3 The AP shall take into account any alternative use of the accommodations, which shall be attempted by the AP in good faith and with consideration of the special circumstances of the booking (e.g. family room, non-smoking room, minimum stay), as well as any saved expenditures.
5.4 Case-law recognizes that the saved expenditures can be determined by the AP as follows:
Overnight stays 10%
Overnight stays with breakfast 20%
Half board 30%
Full board 40%
of the total agreed upon price.
5.5 The guest shall retain the right to prove to the AP that savings in expenditures were higher, in which case the guest shall only be obligated to pay the respective lower amount.
5.6 In the case of bookings through a travel agency, the travel agency shall be entitled to assert arising cancellation costs directly, on its own behalf, up to the amount of the payment rendered to the travel agency, and to offset these cancellation costs against the paid deposit. Such payment to the travel agency shall be credited against a possible further claim for cancellation costs asserted by the AP.
5.7 Taking out travel cancellation and travel termination insurance is highly recommended.
5.8 Alternative 1: Bookings via the System / Agency
Due to reasons relating to the booking procedure, the notice of cancellation shall be exclusively directed to the Agency, not the accommodation provider and should, in the interest of the guest, be carried out in writing.
Alternative 2: Bookings Directly through the AP
Due to reasons relating to the booking procedure, the notice of cancellation shall be exclusively directed to the accommodation provider, not the local tourism office, travel agency, or other office and should, in the interest of the guest, be carried out in writing.
6. Obliegation s of the Guest
6.1 The guest shall be obligated to immediately notify the AP of any shortcomings regarding the accommodation services or other contractual services or to demand remedial action.
6.2 The notice of shortcomings shall be exclusively directed to the AP, not the Agency.
6.3 A cancellation and/or termination by the guest shall only be permissible in the case of significant shortcomings and if the AP has not undertaken reasonable remedial action within an appropriate time limit set by the guest.
6.4 The only situation in which the guest's claims are not canceled is if the notice of shortcomings incumbent upon the guest is omitted by no fault of the guest or if a remedial action is not possible or is withheld by the AP.
6.5 The accommodations may only be occupied by the number of persons agreed upon with the AP. Over-occupancy can result in the AP's right to immediately terminate the contract and/or receive appropriate additional compensation.
6.6 In the case of potentially arising shortcomings or impairments of performance, the guest shall be obligated to undertake all reasonable actions to aid the elimination of the impairment of performance and to keep potential damages as low as possible.
6.7 Bringing pets, regardless of what type, shall only be permitted after explicit agreement with the AP and, in the case of such an agreement, only within the scope of the particulars given regarding the type and size of the animal.
7. Liability of the AP and the Agency
7.1 The AP's contractual liability for damages which are not bodily injuries (including damages due to a violation of pre-, sub-, and post-contractual duties) shall be limited to three times the price of the stay
a) if such damage arising for the guest is brought about by the AP in neither deliberate nor grossly negligent manner or
b) if the AP is responsible for damages arising for the guest solely due to the fault of an auxiliary person.
7.2 The AP's potential innkeeper's liability for property brought to the accommodations by the guest as per §§ 701 ff BGB (German Civil Code) shall remain unaffected by this provision.
7.3 The AP shall not be liable for impairments of performance in connection with services which are merely arranged as external services (e.g. sports events, theater visits, exhibitions etc.) and which are explicitly identified as such.
7.4 The Agency shall only be liable for its own possible mistakes and any possible mistakes of its auxiliary persons which might occur during the brokerage. The AP shall bear sole liability for the provision of the booked services and any possible shortcomings concerning the provision of services.
8. Arrival and Departure Times
8.1 Unless agreed otherwise, the booked accommodations shall be available beginning at 4:00 p.m. on the day of arrival.
8.2 If the guest arrives after this time, the guest shall be obligated to notify the AP thereof in a timely manner. If a timely notification does not take place, the AP shall be entitled to otherwise occupy the accommodations 2 hours afterward in the case of one-night stays and on the following day after 12:00 noon in the case of stays of several nights.
8.3 Unless otherwise agreed, the accommodations shall be vacated by 10:00 a.m. on the day of departure.
9. Statute of Limitations and Suspension of Claims of the Guest
9.1 laims of the guest / ordering party arising against the AP from the accommodation contract and arising against the Agency from the brokerage contract, regardless of the legal grounds - with the exception of claims of the guest / ordering party arising from unlawful acts - shall come under the statute of limitations after one year.
9.2 The statute of limitations shall begin at the end of the year in which the claim arose and in which the guest gained knowledge of the circumstances substantiating the claim and of the AP as the liable party, or in which the guest should have gained knowledge thereof had the guest not acted grossly negligent.
9.3 If negotiations concerning asserted claims or the circumstances substantiating the claims are pending between the guest and the AP or the Agency, the statute of limitations shall be suspended until the guest or the AP or the Agency refuses to continue the negotiations. The abovementioned statute of limitations of one year shall begin no earlier than 3 months after the end of the suspension.
10. Choice of Law and Place of Jurisdiction
10.1 The guest shall only be able to bring action against the AP at the AP's domicile.
10.2 The entire legal and contractual relationship between the AP and guests whose general domicile or registered office is not in Germany shall exclusively be subject to German law.
10.3 If it is agreed that the guest is to pay the total price to the accommodation provider at the end of the stay and at the accommodation provider's site, the domicile of the AP shall be the place of jurisdiction for any legal actions by the AP for the payment of the price of the stay and any incidental costs.
10.4 Apart from that, the traveler's domicile shall prevail for any legal actions of the AP against the guest unless the legal action is directed against fully-qualified traders, legal entities of public or private law or persons whose domicile or usual residence is abroad or whose domicile or usual residence is unknown at the time of commencement of the action. In these cases, the domicile of the AP shall prevail.
--------------------------------------------------------------------------------
© Copyrighted. Attorney-at-Law Noll, Stuttgart & Nordseebäderverband Schleswig-Holstein e.V., 2003 - 2007
General Business Terms and Conditions for city sightseeing tours and guided tours
1. Tourismus und Stadtmarketing [Tourism and City Marketing of] Husum GmbH (hereafter, “TSMH”) shall, with the due care of a prudent businessman, arrange city sightseeing tours and guided tours with knowledgeable tour guides. The contractual partners on these tours are the Customer and the Tour Guide. All legal relationships are regulated between the parties in accordance with the following points.
2. Most tourist sites of the city of Husum are in the Old City and some are in the pedestrian zone. Thus, as a rule, the city sightseeing tours are conducted on foot. A city sightseeing tour by bus is possible in certain sections of the city and after having made prior arrangements with the Tour Guide.
For city sightseeing tours, the maximum number of persons is 25. For larger groups, more tour guides are correspondingly commissioned. If the maximum number of group members is exceeded without prior arrangements having been made, further full-price tour fees shall be correspondingly payable even if no other tour guides can be commissioned at short notice.
3. In order to ensure good service and the seamless handling of the arrangements, it is required that one order the tour no later than 14 days before the desired date of the tour by contacting TSMH in writing. The Customer shall receive a written confirmation.
4. The fee for the city sightseeing tour or guided tour must generally be paid in cash directly to the Tour Guide before the city sightseeing tour/guided tour begins. Upon request, a receipt shall be issued. Only in exceptional cases is invoicing possible. For this additional service, a processing fee of EUR 2.50 per Tour Guide, plus EUR 10.00 per Tour Guide shall be collected for international wire transfers.
5. The guided tour may be cancelled only up to the day which proceeds the day upon which the agreed services are to be rendered. Such a cancellation must always be made in writing to TSMH. If more than ten days lie between the receipt of the notification and the agreed time for the tour, no fee must be paid. If the cancellation is made later, a cancellation fee of 50% of the agreed price for the tour is owed..
For rebookings of a tour which has been confirmed with binding validity, a lump-sum fee for costs of EUR 10.00 per Tour Guide who has been commissioned shall be collected.
6. In the event that the Customer is late, then the Tour Guide shall wait for one hour after the agreed beginning of the tour provided that nothing to the contrary has been agreed. After this waiting period has lapsed, then the tour shall be considered to have been cancelled and thus substantiates a claim for a cancellation fee in the amount of the agreed tour fee. If the Customer arrives late, the Customer and the Tour Guide must agree whether the tour will be of a shorter length or whether – provided that the Tour Guide must fulfil no other obligations – the tour is supposed to be conducted in the originally agreed length. In this case, the Customer shall pay EUR 15.00 for each hour of waiting time that is begun by the Tour Guide. This shall not apply if the waiting time is less than 30 minutes.
7. TSMH shall be liable merely for the proper handling of the arrangements if it has committed gross negligence or intentional wrongdoing. The Tour Guide shall be liable only in the event that he/she has committed gross negligence or intentional wrongdoing; this shall not apply to claims for the loss of life, physical injury or damage to health.
8. The party who orders the tour accepts these Terms and Conditions at the time the order is made.
9. The invalidity of individual provisions of the concluded agreement shall not result in the invalidity of the entire agreement. Rather, the remaining provisions shall remain valid.
Tourismus und Stadtmarketing Husum GmbH, Großstraße 27, 25813 Husum
--------------------------------------------------------------------------------
© Copyrighted. Attorney-at-Law Noll, Stuttgart & Nordseebäderverband Schleswig-Holstein e.V., 2003 - 2007
