General terms and conditions of business

GUEST ACCOMMODATION AND CONDITIONS OF THE GUEST INFORMATION
HALBLECH

Guest Information Halblech arranges accommodation in collective
accommodation establishments (hotels, inns, bed and breakfasts and
apartments), hereinafter "BHB" abbreviated, insofar as it is effectively agreed
in Halblech. The following terms and conditions, in accordance with the
current offer, apply between the guest and the BHB and comes into effect as
soon as the guest accommodation contract and regulations become valid,
in addition to the statutory provisions of the contractual relationship between
the guest and the BHB and the intermediary activity of Guest Information
Halblech. Please read these terms carefully.
1. Position of the Guest Information Halblech
1.1. Guest Information Halblech has, unless agreed otherwise, expressly taken
only the position of a mediator.
1.2. It is not liable for the information provided by the BHB services and poor
performance regarding services to be provided by the BHB.
1.3 Any liability of Guest Information Halblech from the mediation agreement
shall remain unaffected
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2. Conclusion of Contract
2.1. After the reservation that the guest makes with the BHB, the
accommodation contract thereafter is binding. This offer is based on the
description of the accommodation and the supplementary information
provided at the time of booking (such as a description, explanation of the
classification) as was available to the customer.
2.2. Travel agents - with the exception of the Guest Information Halblech itself
- are not authorized to enter into agreements, provide information or make
assurances that amend the agreed terms of the contract, or go beyond the
contractually promised services of the BHB, or are contrary to the sub-origin
description available.
2.3. Information in hotel guides and similar lists that are not published by the
Guest Information Halblech or the BHB, are not binding on the BHB and its
obligation, unless they have been made by express agreement with the host
on the content of their obligation to BHB.
2.4. The booking can be made verbally, in writing, by phone, by fax or
electronically (email, Internet). For electronic bookings from the guest, the
booking will be confirmed electronically without delay.
2.5. The booking party/guest or other client of the booking (companies,
associations, group representatives), have for all contractual obligations of
the booked guest in which the entry is made, to take the responsibility on their
own, provided that they have accepted this obligation by an explicit and
separate declaration.
2.6. The contract is concluded with the receipt of the acceptance, which
requires no forms, with the consequence that verbal and telephone
confirmations for the guest are legally binding. As a rule, the BHB or its
representatives Guest Information Halblech is to provide a written copy of
the booking confirmation to the guest.
2.7. If the BHB or the Guest Information Halblech, at the request of the guest or
client, accepts a particular offer, then this is a binding contract offer from the
BHB to the guest or client. In these cases, the contract, without requiring the
corresponding re-confirmation, comes into being when a guest or client
accepts this offer within the said offer period, without limitations, modifications
or extensions by explicit declaration, down payment, remaining payment to
accept accommodation.
3. Special conditions for groups
3.1 Unless otherwise expressly agreed in closed groups (eg school classes,
clubs, college associations, companies, etc.), the contractor of the BHB is the
respective institution or company. This has the full payment obligation for the
price of the stay, extra costs, cancellation costs, pursuant to section 7 of these
conditions, consumption-dependent costs and costs for additional services
that are incurred during the stay.
3.2 The group representative is the legal representative of the group and its
entities and the Guest Information Halblech, or the BHB can with legal
binding, effect all the legal declarations, especially cancellations or warnings.
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3.3. The client has booked a specific quota of accommodation and / or
number of guests agreed, so there is no free right to cancel or terminate or
to reduce the agreed numbers and / or quotas. Likewise, a resignation, or
dismissal are excluded by virtue of commercial usage. Elements of
resignations, reduction of quotas or customer numbers that do not fully use
the booked services and quotas are set forth in Paragraph. 7
4. Reservations
4.1. Non-binding reservations that justify free withdrawal are only possible with
an explicit agreement with the Guest Information Halblech or the BHB.
4.2. If for private guests a non-binding reservation has been agreed, the
guest / client has to adhere to the agreed time of Guest Information Halblech
to respond to the message, if the reservation should be treated as a binding
booking. Failing this, the reservation will be cancelled without further
notification obligations from Guest Information Halblech. In case the
confirmation is received, the booking is binding, even if the confirmation from
the Guest Information Hablech arrives later.on
5. Prices and Services
5.1. The listed prices are final and include VAT and all additional costs, unless
otherwise specified with respect to the utilities. They apply per person. Prices
may be incurred separately, such as tourist tax and charges for consumption
depending on invoiced services, eg. electricity, gas, water, firewood, and for
optional or additional services.
5.2. The amounts owed to the BHB result exclusively from the contents of the
booking confirmation in connection with the valid prospect or building
description including any supplementary services in which the guest / client
expressly agreed. The guest / client is advised to make supplementary
agreements in writing.
5.3. For changes (changes to arrival and departure dates, length of stay,
board and for any additionally booked services and/or other supplementary
services), for which there is no legal entitlement
6. Payment
6.1. The amount of deposit and final payment will depend on the agreements
made with the guest or client and noted in the booking confirmation scheme.
If no special agreement has been made, the entire accommodation price to
the BHB, including any amounts for additional costs and benefits, extra days,
late payments charges, has to be paid.
6.2. Even without an explicit note in the booking confirmation, the BHB
requires a deposit equal to 15% of the total price.
6.3. Payments in foreign currencies or with crossed cheque are not possible.
Credit card payments are only possible if agreed by the BHB policy.
Payments at the end of stay are not possible by bank transfer.
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7. Cancellation and Not Arriving
7.1. In case of cancellation, the BHB is entitled to payment of the agreed total
price, including the share of board and remunerations for added services not
taken up.
7.2. The BHB shall endeavor as part of its ordinary business operations without
being obliged, to make special efforts and take into account the specific
nature of a property (eg. non-smoking rooms, family rooms) to re-deploying
the property.
7.3. The BHB is obliged to take into account any money saved through
another occupancy even if this is not possible.
7.4. Once the percentages have been calculated as stipulated by law, the
guest or client shall pay the accommodation provider the following amounts
based on the total price of the accommodation services (including all utilities
such as tourist or visitor's tax) without taking into account any public charges:
For holiday apartments / accommodation without board 90%
with Bed / Breakfast 80%
with half-board 70%
for full board 60%
7.5. The guest / client reserves the right to prove to the BHB that the
expenditures it saved are substantially higher than the aforementioned
deductions or that another use of the accommodation services has
occurred. In the case of such proof, the guest or client shall only be obliged
to pay the correspondingly lower amount.
7.6. The purchase of a travel cancellation insurance is strongly
recommended.
7.7. The cancellation of the booking must be given to the Guest Information
Halblech (and not to the host) and should be in writing in the interests of the
guest.
8. Obligations of the customer, the BHB Serving Notice
8.1. The guest is obliged to inform the BHB of any defects and malfunctions
without delay and to demand redress. A notice of defect that occurs only in
relation to the tourism office, is not sufficient. Failure to give notice of defects
culpably, then the guest's claims may be omitted entirely or partially.
8.2. The guest may cancel the contract only with substantial defects or
disturbances. He had previously notified the BHB about the context of the
defect and allowed a reasonable deadline for them to remedy it unless that
remedy was impossible, and was refused by the BHB; or the immediate
termination was justified in the interests of the guest that a continuation of the
stay was unreasonable.
8.3. Accommodation of pets in the apartment is allowed only in case of an
express agreement in this respect, if the BHB in the invitation to tender
provides for that possibility. The guest is required under such arrangements to
provide truthful information about the nature and size of pets. Violations may
entitle the BHB to terminate the lodging agreement.
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9. Liability
9.1. The contractual liability of the BHB for damages other than personal injury,
is limited to three times the price of the stay, if the damage to the guest from
the BHB was caused neither intentionally nor by gross negligence or if the BHB
is responsible to the guest for damage incurred solely through the fault of a
vicarious agent.
9.2. The innkeeper's liability to BHB for things brought in accordance with §§
701 ff., the BGB remains unaffected by this regulation.
9.3. The BHB is not liable for impairment of performance in connection with
services that are recognizable and only arranged as external services during
the stay of the guest / client (eg sports events, theatre visits, exhibitions, etc.).
The same applies to third-party services that were mediated together with
booking the property, other than those expressly identified in the description
or the booking confirmation as external services.
10. Limitation
10.1. Claims of the guest / client from the accommodation contract against
the BHB from the hotel contract and against the Guest Information Halblech
from the mediation agreement, regardless of the legal reason - with the
exception of claims from the guest / client - shall expire after one year.
10.2. The statute of limitations begins at the end of the year in which the claim
arose and takes into account the circumstances that justified the claim, and
as the party liable became aware of without gross negligence.
10.3. Hovering between the guest and the BHB or the Guest Information
Halblech, negotiations giving rise to claims, the statute of limitations is
suspended until the guest or the BHB (or the tourist office) refuses the
continuation of negotiations. The aforesaid limitation period is one year at the
earliest and 3 months after the suspension ends.
11. Choice of Law and Jurisdiction
11.1. The contractual relationship between the guest or client and the BHB or
Guest Information Halblech is governed exclusively by German law.
Accordingly applies to the other legal relationship.
11.2. The guest or client, the BHB or the Guest Information Halblech, can sue
only at its local domain.
11.3. For complaints of the BHB or Guest Information Halblech to the guest or
the contracting of the residence of the customer, shall prevail. For legal
actions against guests or clients who are merchants, legal entities under
public or private law, or persons who have your residence / business or
habitual residence abroad, or whose place of residence / place of business
or habitual residence at the time of action is not known, the place of
jurisdiction is the seat of the BHB.
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11.4. The foregoing provisions do not apply if with regards to the applicable
contract, no mandatory regulations of the European Union or other
international provisions are applicable.
© Copyright; RA Noll Stuttgart, 2006/2007.
The mediating tourist office is the Gästeinformation Halblech