Conclusion of the guest accommodation contract
- The guest accommodation contract is bindingly concluded when the accommodation is ordered and confirmed or provided at short notice.
- The booking can be made orally, in writing, by telephone, by fax or. In the interest of the contracting parties, the written form should be chosen.
- The booking is made by the booking guest also for all persons listed in the booking, for whose contractual obligations the booking guest is liable as for his own obligations, provided that he has assumed a corresponding separate obligation by express and separate declaration.
Services, prices and payment
- The services owed by the accommodation provider result exclusively from the booking offer in conjunction with the information in the catalogue.
- The prices stated in the catalogue are final prices and include all ancillary costs, unless otherwise agreed. Separate charges may be incurred and shown for visitor’s tax and charges for services for which consumption-based billing is stated in the booking basis or separately agreed (e.g. electricity, gas, water) as well as for optional or other additional services. If the contracting parties have expressly agreed on consumption-based billing or additional services (e.g. bed linen, final cleaning, firewood), the use of which is at the tenant’s discretion, these additional costs shall be invoiced separately.
- The agreed price, including all ancillary costs, is due on the day of departure, unless otherwise contractually agreed.
- On the day of arrival, the landlord shall make the rented property available to the tenant from 2.00 p.m. in a condition in accordance with the contract. Should the arrival take place after 6.00 p.m., the tenant must inform the landlord accordingly. If this notification is not made, the lessor shall be entitled to make the accommodation available to another tenant 2 hours after the agreed time of availability in the case of a single overnight stay, and after 12 noon on the following day in the case of more than one overnight stay.
- On the day of departure, the tenant shall hand over the rented property to the landlord by 10.00 a.m. at the latest, vacated and in a swept clean condition.
- The conclusion of the guest accommodation contract obliges both contracting parties to fulfil the contract, regardless of the duration for which the contract has been concluded. A unilateral, cost-free withdrawal on the part of the guest from a binding booking is fundamentally excluded.
- If the guest nevertheless withdraws from the contract, he/she shall be obliged to pay the agreed or customary price, including the catering portion, irrespective of the time and reason for the withdrawal. However, the proprietor of the accommodating establishment must allow saved expenses, which he must endeavour to make in good faith, to be credited against the claim for performance.
- The proprietor of the accommodating establishment shall have this claim for compensation staggered in the following amount (in each case in % of the agreed accommodation price):
Cancellation costs for accommodation in holiday homes/holiday flats Cancellation up to the 45th day before the start of the rental period: 60 % of the total travel price
Cancellation up to the 35th day before the start of the rental period: 80 % of the total tour price
thereafter and in case of no-show: 100 % of the total tour price
- The proprietor of an accommodation establishment shall, in good faith, let accommodation which has not been used to another tenant and shall have the resulting savings credited against the cancellation fee claimed by him.
- The guest has the right to prove that the accommodation provider has not suffered any loss or that the loss is significantly lower.
- The notice of cancellation must be addressed to the accommodation provider and should be made in writing in the interest of the guest.
- The conclusion of a travel cancellation insurance is strongly recommended.
Right of termination
- There is no right of ordinary termination.
- Both contracting parties may terminate the contractual relationship without notice and extraordinarily for good cause in accordance with 543 BGB or under the conditions of 569 BGB.
- An important reason for the accommodation provider exists in particular if the guest uses the accommodation contrary to the contract (significant breach of contract) or disregards the house rules. In the event of a significant breach of contract, the accommodation provider must set a short deadline for the guest to remedy the situation or issue a warning, unless this is not promising or there are exceptional reasons that justify a waiver. In this case, the accommodation provider can demand compensation from the guest for the expenses incurred up to the termination and the loss of profit (cf. 5 par. 2 or 3).
- An important reason for the guest exists in particular if the accommodation provider does not grant the guest the contractual use of the holiday flat / holiday home.
- In all other respects, the statutory provisions on the right of extraordinary termination without notice shall apply.
Deficiencies in the accommodation service
- The accommodation provider shall be liable for the proper provision of the contractually agreed service.
- If the rented accommodation has a defect that goes beyond a mere inconvenience, the guest shall notify the owner of the accommodation establishment or his representative of the defect without delay in order to enable the accommodation establishment to remedy the defects. If the guest fails to make this notification, he/she shall not be entitled to any claims for non-fulfilment of the contractual services.
- The contractual liability of the accommodation provider for damages that are not bodily injuries is limited to three times the price of the agreed service, insofar as the damage is not based on a grossly negligent or intentional breach of duty or on an intentional or negligent breach of duties typical for the contract on the part of the accommodation provider. The same applies if the guest’s damage is due to the fault of a legal representative or vicarious agent of the accommodation provider.
- The accommodation provider is liable for items brought in by the guest in accordance with the statutory provisions (701 ff BGB).
- The accommodation provider is not liable for service disruptions in connection with services that are merely arranged as external services (e.g. sporting events, theatre and concert visits, exhibitions, etc.) and which are expressly marked as external services.
Obligations of the guest
- The guest undertakes to treat the accommodation and its inventory with all due care. The guest is liable to pay compensation for culpable damage to furnishings, accommodation rooms or the building as well as the facilities belonging to the accommodation or the building, if and insofar as it has been culpably caused by him or his companions or visitors.
- The guest must immediately notify the accommodation provider or the contact point designated by the accommodation provider (house management) of any damage occurring in the accommodation, insofar as he/she is not obliged to remedy the damage himself/herself. The guest shall be liable to pay compensation for any consequential damage caused by failure to report the damage in good time.
- Waste, ashes, harmful liquids and the like must not be thrown or poured into the sinks, sinks and toilets. If blockages occur in the sewage pipes due to non-observance of these regulations, the party responsible shall bear the costs of repair.
- In the event of any faults occurring in the facilities and equipment of the accommodation, the guest is obliged to do everything reasonable to contribute to the rectification of the fault or to minimise any damage that may occur.
- The guest undertakes to comply with the maximum occupancy. If the guest exceeds the maximum occupancy agreed in the accommodation contract, the accommodation provider is entitled to charge a daily rate of 10 euros per additional guest.
Animals, in particular dogs, cats and the like, may only be kept or temporarily kept in the accommodation with the express permission of the accommodation provider. The permission is only valid for the individual case. It may be revoked if any inconvenience occurs. The guest is liable for all damage caused by the keeping of animals within the framework of the legal regulations.
With regard to the limitation of mutual claims of the guest and the accommodation provider, the relevant standards of the German Civil Code shall apply.
Choice of law and place of jurisdiction
- German law shall apply.
- The place of jurisdiction for legal actions of the guest against the accommodation provider is exclusively the registered office of the accommodation provider.
- For legal actions of the accommodation provider against merchants, legal entities under public or private law or persons who do not have a general place of jurisdiction in Germany or who have moved their place of residence or habitual abode abroad after conclusion of the contract or whose place of residence or habitual abode is unknown at the time the action is brought, the registered office of the accommodation provider is agreed as the exclusive place of jurisdiction.
Nasingen, in September 2022