Guest admission conditions
The following conditions, if 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 conditions carefully.
1. Conclusion of contract
1.1. With the booking, 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) as far as these are available to the customer.
2. Prices and services, price increases
2.1. The prices stated in the brochure are final prices and include the statutory value added tax and all ancillary costs, unless otherwise stated with regard to the ancillary costs. Separately accrued and shown may be visitor’s tax or tourist information as well as charges for consumption-based services (eg electricity, gas, water, firewood) and for optional and additional services.
2.2. The services owed by the BHB result exclusively from the content of the booking confirmation in conjunction with the respective valid object description shown in the booking portal and the information on services there. Comfort and facilities 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 authoritative for the performance obligation of the BHB, if this was not expressly referred to on the offer page as the content of the performance.
2.3. For rebookings (changes regarding arrival and departure dates, length of stay, type of catering, booked additional services and other supplementary services), for which there is no legal claim, the BHB can charge a rebooking fee of € 15,- per change. This does not apply if the change is only minor.
3.1. The due date of deposit and balance payment is determined by the information in the offer and the information referring to it in the booking confirmation. If nothing special is noted there, the entire accommodation price including charges for incidental expenses and additional services is due for payment and payable to the BHB at the end of the stay.
3.2. Payments in foreign currencies and with crossed checks or credit cards are not possible. Payments at the end of stay by bank transfer are not possible.
4. Withdrawal and non-arrival
4.1. In the event of withdrawal, the BHB’s claim to payment of the agreed price of the stay, including the catering portion and charges for additional services, shall remain in effect.
4.2. The BHB shall, within the scope of its ordinary business operations, without obligation to make special efforts and taking into account the special character of an accommodation (e.g. non-smoking rooms, family rooms), endeavor to use the accommodation for other purposes.
4.3. The BHB shall take into account any other occupancy and, insofar as this is not possible, saved expenses.
4.4. According to the percentages recognized by case law for the assessment of saved expenses, the guest or the client must pay the following amounts to the accommodation provider, in each case based on 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 apartments/accommodation without board 90%.
– For bed and breakfast 80%
– For half board 70%
– For full board 60%
4.5. The guest/client expressly reserves the right to prove to the BHB that his saved expenses are significantly higher than the deductions taken into account above, or that an alternative use of the accommodation services has taken place. In the event of such proof, the guest, or the client are only obliged to pay the correspondingly lower amount.
4.6. The conclusion of a travel cancellation insurance is strongly recommended.
4.7. The notice of withdrawal is to be sent directly to the BHB only.
5. Obligations of the customer, termination by the BHB
5.1. Unless otherwise agreed, the accommodation can only be used by the guest for whom it was booked.
5.2. The guest is obligated to treat the accommodation and its facilities, as well as all facilities of the accommodation itself, only as intended, as far as available (such as swimming pool and sauna) according to the usage regulations and overall with care.
5.3. The guest is obligated to immediately notify the BHB of any defects and malfunctions that occur and to demand remedy. If the notification of defects is culpably omitted, claims of the guest can be completely or partially omitted.
5.4. The guest may terminate the contract only in case of significant defects or disturbances. He had to previously set the BHB a reasonable deadline for remedy 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 recognizable to the BHB or the continuation of the stay is unreasonable for such reasons.
5.5. Bringing and accommodation of pets in the accommodation is allowed only in the case of an explicit agreement in this regard, if the BHB provides for this possibility in the tender. Within the framework of such agreements, the guest is 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.
5.6. The BHB may terminate the guest accommodation contract without notice if the guest, notwithstanding a warning from the BHB, persistently disturbs the operation of the BHB, or the implementation of the stay, 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….
6.1. 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.
6.2. The innkeeper’s liability of the BHB for brought in things according to §§ 701 ff. BGB remains unaffected by this provision.
6.3. The BHB is not liable for service disruptions in connection with services that during the stay for the guest / client recognizable as external services are only mediated (eg sports events, theater visits, exhibitions, etc.). The same applies to external services that have already been arranged together with the booking of the accommodation, insofar as these are expressly identified as external services in the invitation to tender or the booking confirmation.
7. Statute of limitations
7.1. Claims of the guest from the accommodation contract against the BHB, regardless of the legal grounds – but with the exception of claims of the guest from tort – expire after one year.
7.2. The statute of limitations begins at the end of the year in which the claim arose and the guest becomes aware of circumstances that give rise to the claim and the BHB as the debtor or should have become aware without gross negligence.
7.3. If negotiations between the guest and the BHB about asserted claims or the circumstances justifying the claim are pending, the statute of limitations is suspended until the guest or the BHB 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.
8. Choice of law and place of jurisdiction
8.1. The contractual relationship between the guest or the client and the BHB shall be governed exclusively by German law. The same applies to the other legal relationship.
8.2. The guest can only sue the BHB at its registered office.
8.3. For lawsuits of the BHB against the guest, or the client, the domicile of the customer is 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 habitual abode abroad, or whose place of residence/business or habitual abode is not known at the time the lawsuit is filed, the place of jurisdiction is agreed to be the registered office of the BHB.
8.4. The above 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.
© These terms and conditions are protected by copyright; Rechtsanwalt Noll, Stuttgart, 2006.