General terms and conditions
Guest admission and agency conditions of Bodensee.de Tourismus Marketing GmbH & Co. KG and your host
the Bodensee.de Tourism Marketing GmbH & Co. KG - hereinafter abbreviated to "BTMG" - published at www.bodensee.de Accommodation offers of commercial accommodation establishments and private landlords (hotels, guesthouses, boarding houses, private rooms and holiday apartments), hereinafter uniformly referred to as "hosts", in the Lake Constance region in accordance with the current offer. The following guest accommodation conditions become, as far as effectively agreed upon, contents of the guest accommodation contract between the guest and the host which comes into being in the case of booking and regulate the contractual relationship between you as a guest and the host in addition to the legal regulations. Please read these conditions carefully.
1. Position of BTMG, scope of application of these guest admission conditions
1.1 BTMG is the operator of the respective Internet presences or publisher of host directories, catalogues, flyers or other print media and online presences, insofar as BTMG is expressly designated there as the publisher/operator.
1.2 Insofar as BTMG procures services of the hosts which do not account for a significant proportion of the total value of the host's services and which are neither an essential feature of the combination of services of the host or of BTMG itself nor are they advertised as such, BTMG merely acts as an intermediary.
1.3 BTMG shall have the status of a provider of associated travel services as an agent, insofar as the prerequisites for an offer of associated travel services by BTMG are met in accordance with the statutory provisions of § 651w BGB (German Civil Code).
1.4 Irrespective of BTMG's obligations as the provider of associated travel services (in particular the handing over of the legally required form and the performance of customer money protection in the event of BTMG's collection activities) and the legal consequences of non-performance of these legal obligations, BTMG is neither the tour operator nor the contractual partner of the guest admission contract that comes into existence in the event of a booking being made, if the prerequisites set out in Clause 1.2. or 1.3. are fulfilled. BTMG shall therefore not be liable for the host's information on prices and services, for the provision of the service itself or for deficiencies in the service.
1.5 These General Terms and Conditions shall apply, where effectively agreed, to guest accommodation contracts for which the booking bases are the host directories, catalogues and other information published by BTMG. Unless otherwise expressly agreed, BTMG shall merely act as an intermediary. It shall not be liable for the host's information on prices and services. Any liability of BTMG arising from the brokerage agreement shall remain unaffected by this.
1.6 These guest admission conditions shall apply, insofar as effectively agreed, to all bookings of accommodation for which the booking is based on the offers on the BTMG website.
1.7 In individual cases, the hosts reserve the right to agree with the Guest on terms and conditions other than these Guest Admission Conditions or to make individual and deviating agreements from these Guest Admission Conditions.
1.8 These guest admission conditions do not apply to contracts for package deals, contracts for guided tours or other offers by the host or BTMG.
2. Conclusion of contract
2.1 This applies to all booking types:
a) The basis of the host's offer and the guest's booking are the descriptions of the accommodation and the additional information in the booking basis (e.g. location descriptions, classification explanations) as far as these are available to the guest at the time of booking.
b) If the content of the booking confirmation deviates from the content of the booking, a new offer by the host is available. The contract is concluded on the basis of this new offer if the guest declares acceptance by means of an express declaration, down payment or payment of the balance or the use of the accommodation.
c) BTMG points out that in accordance with the statutory provisions (§ 312g Para. 2 Sentence 1 No. 9 BGB) there is no right of revocation for guest accommodation contracts (contracts for accommodation with and without additional services) concluded at a distance (by telephone, online, by fax, by e-mail or via the Internet), but that the statutory provisions of the rental contract law applicable to the guest accommodation contract (in particular § 537 BGB for non-use of rental services) apply (see also No. 5 of these guest accommodation conditions). A right of revocation exists, however, if the guest accommodation contract has been concluded outside business premises unless the oral negotiations on which the contract was concluded were based on a previous order by you as a consumer; in the latter case there is also no right of revocation.
d) Non-binding reservations for the guest are possible only with appropriate express agreement with the host.
2.2 The booking basis or the information provided by the host determines which booking options are available.
2.3 For bookings made verbally, by telephone, in writing, by e-mail or by fax:
a) With the booking, the guest bindingly offers the host the conclusion of the guest accommodation contract.
b) The contract is concluded with the guest's receipt of the declaration of acceptance (booking confirmation). It does not require any particular form, with the result that verbal and telephone bookings are also legally binding for the guest and the host. However, the guest receives a written copy of the booking confirmation for verbal or telephone bookings. However, the legal validity of the verbal or telephone booking does not depend on the guest actually receiving this written copy of the booking confirmation.
c) Information from the host or BTMG on available accommodation, prices and services, does not constitute a binding offer by the host to conclude a guest accommodation contract. However, if the host or BTMG as its agent submits an offer with concrete services and prices expressly designated as binding by the host at the guest's request, this shall constitute a binding contractual offer by the host to the guest or the client, in deviation from the above provision. In this case, the contract is concluded without the need for a corresponding confirmation by the host if the guest or the client accepts this offer within the period stated in the offer without restrictions, changes or extensions by express declaration, down payment, payment of the balance or use of the accommodation. As a rule, the host will confirm receipt of the guest's declaration of acceptance. However, the guest accommodation contract is already binding upon receipt of the guest's declaration of acceptance by the host, even if the guest does not receive the confirmation of receipt of his declaration of acceptance.
2.4 In the case of bookings made via the Internet, the contract shall be deemed concluded:
a) The guest will be explained the online booking procedure in the corresponding Internet portal. The guest has a corresponding correction option at his disposal for correcting his entries, deleting or resetting the entire online booking form, the use of which is explained. The contract languages specified for the execution of online booking are indicated. As far as the contract text is stored by the host or in the online booking system, the guest is informed about this storage and the possibility for the later retrieval of the contract text.
b) By pressing the button (the button) "book with payment", the guest offers the host the conclusion of the guest admission contract.
c) The contract comes into being through the display and transmission of the booking confirmation on the screen (booking in real time). The guest is offered the opportunity to save and print out the booking confirmation. However, the binding nature of the guest admission contract is not dependent on the guest actually using these options for storage or printing. As a rule, the guest will also receive a copy of the booking confirmation by e-mail, e-mail attachment, post or fax. However, the receipt of such an additionally transmitted booking confirmation is not a prerequisite for the legal validity of the guest admission contract.
3. Prices and services
3.1 The prices stated in the booking basis (host directory, catalogue, website) are final prices and include the statutory value added tax and all ancillary costs. Unless expressly stated otherwise, the prices apply per person when booking a room and per unit for holiday flats/apartments. Visitor's tax or fees for services charged according to consumption (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 host result exclusively from the contents of the booking confirmation in connection with the valid brochure or the description of the accommodation as well as from any supplementary agreements expressly made with the guest/client. Information and assurances given by the host that the accommodation of a third party has not been advertised or distributed and descriptions of the accommodation that have not been published by the host are not decisive for the host's obligation to perform.
4.1 After conclusion of the contract (receipt of the booking confirmation by the guest, or receipt of the acceptance declaration by the guest by the host for previously submitted offers), the host in the booking confirmation or a down payment invoice up to 20% of the total price including all ancillary services due, unless otherwise agreed in individual cases for the amount or due date of a down payment.
4.2 The balance is to be paid to the host at the end of the stay unless otherwise agreed in individual cases.
4.3 In the case of bookings made less than seven working days prior to the start of the stay, the down payment is to be made to the accommodation establishment upon arrival and the balance at the end of the stay.
4.4 Payments in foreign currencies and by crossed cheque are not possible. Credit card payments are only possible if this has been agreed or is generally offered by the host on a notice board. Payments at the end of the stay are not possible by bank transfer.
4.5 If an agreed down payment is not made by the guest despite a reminder from the host with a reasonable deadline or is not made in full within the specified period, the host is entitled to withdraw from the contract with the guest and to demand cancellation costs from the guest in accordance with Clause 5. of these terms and conditions, insofar as he himself is willing and able to provide the contractual services and insofar as there is no legal or contractual right of retention for the guest.
5. Cancellation and non-arrival
5.1 In the event of cancellation or non-arrival, the host's claim to payment of the agreed price for the stay, including the catering portion and the fees for additional services, remains valid.
5.2 The host must endeavour to make other use of the accommodation within the framework of his normal business operations and taking into account the special character of the accommodation (e.g. non-smoking rooms, family rooms).
5.3 The host has to credit income from other occupancy and, insofar as this is not possible, saved expenses against his claim under section 5.1.
5.4 In accordance with the percentages recognised by the courts for the assessment of saved expenses, the guest or client must pay the following amounts to the host, in each case based on the total price of the accommodation services (including all ancillary costs, but excluding visitor's tax):
- For holiday flats/accommodations without board 90%.
- For overnight stay/breakfast 80%.
- Half board 70%
- Full board 60%
5.5 The guest/client expressly reserves the right to prove to the host that his saved expenses are considerably higher than the deductions considered above or that the accommodation services or other 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 The conclusion of a travel cancellation insurance is strongly recommended.
5.7 The declaration of withdrawal must be addressed directly to BTMG for all bookings and should be made in text form in the interests of the guest.
6. Arrival and departure
6.1 The arrival of the guest has to take place at the agreed time, without special agreement at the latest by 06:00 pm.
6.2 For later arrivals:
a) The guest is obliged to inform the host at the latest by 6 p.m. or at the agreed time of arrival if he arrives late or wants to move into the booked accommodation on a subsequent day for stays of several days.
b) If the host does not receive notification in due time, he/she is 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 apply accordingly.
c) For periods of occupancy during which the guest does not make use of the accommodation due to late arrival, the provisions on withdrawal or non-arrival of the guest in these guest accommodation conditions shall apply accordingly. The guest does not have to make any payments to the host for such occupancy times, if the host is contractually or legally responsible for the reasons of the later arrival or the non-occupancy.
6.3 The guest's accommodation must be franked at the agreed time, without special agreement, by 12:00 noon on the day of departure at the latest. If the accommodation is not vacated on time, the host can demand a corresponding additional payment. The host reserves the right to claim further damages. A claim for the use of the facilities of the accommodation of the host after 12:00 noon on the day of departure exists only in the case of a general notice of the host in this regard or an agreement made with the host in individual cases.
7. Obligations of the guest; termination by the guest; termination by the host; taking along of animals
7.1 The guest is obliged to immediately notify the host of any defects and malfunctions and to demand remedy. Notification of defects to BTMG alone shall not be sufficient. If the notification of defects is culpably omitted, the guest's claims may be void in whole or in part.
7.2 The guest may terminate the contract in the event of significant defects or disruptions. He has to set a reasonable period of time for the host to remedy the deficiency within the scope of the notification of defects, unless the remedy is impossible, is refused by the host or the immediate termination is objectively justified by a special interest of the guest recognisable to the host or the continuation of the stay is unreasonable for such reasons.
7.3 The taking along and accommodation of pets in the accommodation is only permitted in the case of an explicit agreement to this effect if the host provides for this possibility in the invitation to tender. Within the framework of such agreements, the guest is obliged to provide truthful information about the type and size of the accommodation. Violations against this may entitle the host to extraordinary termination of the guest accommodation contract.
7.4 The host can terminate the guest accommodation contract without notice if the guest, despite a warning from the host, disturbs the operation of the host, or the performance of the stay or other guests lastingly or if he behaves in such a way contrary to contract that the immediate cancellation of the contract is justified. If the host terminates the contract, the provisions on withdrawal and non-arrival of the guest shall apply accordingly to the host's claim for payment.
8. Limitation of liability
8.1 The host's liability under the guest accommodation contract in accordance with § 536a BGB for damage not resulting from injury to life, limb or health is excluded unless it is based on an intentional or grossly negligent breach of duty by the host or a legal representative or vicarious agent of the host.
8.2 The host's innkeeper's liability for items brought in pursuant to §§701 ff. of the German Civil Code (BGB) shall be excluded. BGB remains unaffected by this regulation.
8.3 The host shall not be liable for disruptions in performance in connection with services that are merely mediated during the stay for the guest/client recognisably as external services (e.g. sports events, visits to the theatre, exhibitions, etc.). The same applies to external services which are already arranged together with the booking of the accommodation, as far as these are expressly marked as external services in the invitation to tender or the booking confirmation.
9. Choice of law and place of jurisdiction; alternative settlement of disputes
9.1 BTMG and the host point out with regard to the Consumer Dispute Resolution Act that neither BTMG nor the host are currently participating in a voluntary consumer dispute resolution. If participation in a consumer dispute resolution facility would become mandatory for BTMG or the host after the printing of these terms and conditions for mediation and guest admission, the guest shall be informed thereof in an appropriate form. For all mediation and guest admission contracts concluded in electronic legal transactions, reference is made to the European online dispute resolution platform https://ec.europa.eu/consumers/odr/.
9.2 The contractual relationship between the Guest or the Client and the Host or BTMG shall be governed exclusively by German law. The same applies to the other legal relationship.
9.3 The guest or the customer may only sue the host or BTMG at its registered office.
9.4 The guest's place of residence shall be decisive for any legal action brought by the host or BTMG against the guest or client. For actions 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 is unknown at the time the action is filed, the place of jurisdiction shall be the registered office of the host.
9.5 The above provisions shall not apply if and to the extent that provisions of the European Union or other international provisions applicable to the contract are applicable.
© Copyright protected; Attorney at Law Noll, Stuttgart, 2019
Bodensee.de Tourism Marketing GmbH & Co. KG
Phone: +49 (0) 751-3614180
Fax: +49 (0) 751-2955-2109
Register entry: AG Ulm, HRA 723467
Personally liable partner of Bodensee.de Tourismus Marketing GmbH & Co. KG:
Bodensee.de Tourismus Marketing Verwaltungs-GmbH
Managing director: Maik Ganzer, Jan Halpape
AG Ulm; HRB 72346