Guest accommodation and brokerage conditions of hosts in the Moselland
Dear foreign guests, The following translation of the Guest Accommodation and Brokerage Conditions of hosts in the Moselland is exclusively offered as a service for your better understanding. Exclusively the German version is legally relevant.
Mosellandtouristik GmbH, hereinafter abbreviated as „Mosellandtouristik“, brokers accommodation by hosts and private hosts (hotels, guest houses, bed and breakfasts, holiday apartments) hereinafter uniformly referred to as „hosts“, in the Moselland based on the current offers. These terms and conditions will become an integral part of the travel contract between the guest and the host, and regulate, in addition to the statutory provisions, the contractual relationship between the guest and the host and the brokerage activity of Mosellandtouristik. Please read these terms and conditions carefully.
1. Role of Mosellandtouristik; scope of application of these guest accommodation terms and conditions Depending on when the contract was concluded (due to the new travel regulations that will come into force on 01.07.2018, this is determined by the statutory regulation after the time of the conclusion of the contract) the following applies:
1.1 The following applies bookings concluded before 01.07.2018: Mosellandtouristik merely assumes the role of a broker, provided no other agreements were expressly entered to. It is not liable for information provided by the host about prices and services. Any liability of Mosellandtouristik from the brokerage contract remains unaffected by this.
1.2 The following applies for all contracts concluded after 30.06.2018:
a) Mosellandtouristik is the operator of the respective internet offers, or publisher of corresponding host directories, catalogues, flyers or other print media and online presences, provided it is expressly named as publisher/ operator.
b) Insofar that Mosellandtouristik brokers services of the hosts (accommodation, meals and own ancillary services provided by the host), which have no significant proportion of the total value of the services of the host, and are neither a significant feature of the service offered by the host or Mosellandtouristik itself, nor are advertised as such, Mosellandtouristik merely acts as a brokerage.
c) As a broker Mosellandtouristik assumes the role of a provider of binding travel services, provided they meet the statutory requirements according to the statutory provisions of § 651w German Civil Code (BGB) for an offer of binding travel services of Mosellandtouristik.
d) Without prejudice to the obligations of Mosellandtouristik as a provider of binding travel services (in particular the statutory provided form and implementation of a customer‘s money guarantee in case of collection activity by Mosellandtouristik), and the legal consequences of non-compliance of these statutory obligations, Mosellandtouristik is neither a travel organiser nor contractual partner of the guest accommodation contract concluded by a booking if conditions b) or c) are the case. Mosellandtouristik is therefore not liable for the information stated by the hosts about prices and services, for the rendering of the service itself, nor for any performance defects.
The following applies for all contracts concluded irrespective of the when they were concluded:
1.3. The following Conditions of Guest Accommodation apply, if effected legally binding, for all booking of accommodation, in which the host directory published by Mosellandtouristik is the basis for booking, or if they booking was made based on relevant offers on the internet.
1.4. Hosts have the right to agree on other guest accommodation conditions in individual cases, or on regulations which deviate from the following accommodation terms or supplement these.
2. Conclusion of the contract, travel broker, information in hotel guides
2.1 With the booking the guest offers, if necessary following previous non-binding information from the host about his accommodation and their availability, the host the conclusion of a binding guest accommodation contract. The basis of this offer is the description of the accommodation and the supplementary information stated in the booking basis (e.g. location description, classification explanations), as far as these are available to the guest at the time of booking.
2.2 The booking by the guest can be made via all booking channels offered by the host, i.e. verbally, in writing, by telephone, Fax or email.
2.3 The contract comes into existence with the receipt of the declaration of acceptance (booking confirmation) provided by the host or Mosellandtouristik as its representative. This confirmation is not bound to any form, meaning that confirmations made verbally or by telephone are also legally binding for the guest and the host.
2.4 In case of verbal or telephone bookings the host will usually provide the guest with a written copy of the booking confirmation. However, the legal effectiveness of the guest accommodation contract for such booking does not depend on the written copy of a booking confirmation.
2.5 If the host or Mosellandtouristik as its broker offers the option of a binding booking and brokerage of the accommodation by means of an electronic conclusion of a contract via an internet platform, the following applies for this type of contract conclusion:
a) The online booking process is explained to the customer by means of relevant notes. The contractual language is exclusively the German language.
b) The customer can correct or delete or reset the entire online booking form by means of a correction option which is explained in the course of the booking process.
c) After the customer has concluded the selection of the desired accommodation services and has entered his personal data, all the date including all the essential information about prices, services, booked additional services and any booked travel insurance are displayed. The customer has the option of discarding the entire booking or rebooking.
d) By clicking the „Make payable booking“, the customer is bindingly offering the host a conclusion of a guest accommodation contract. Clicking this button, and after receipt of a booking confirmation by Mosellandtouristik therefore results in the booking confirmation by the host of Mosellandtouristik as broker within the binding period at the time of the conclusion of a payable guest accommodation contract. Sending the contractual offer by clicking the “Make payable reservation” button does not establish any entitlement on the part of the customer to the conclusion of a guest accommodation contract. The host is free to accept the traveller’s contractual offer (the booking) or not.
e) If the booking is not confirmed in real time the host of Mosellandtouristik as the broker will immediately confirm the receipt of the booking by electronics means. However, this confirmation of receipt does not yet constitute a booking confirmation and does not constitute the conclusion of the guest accommodation contract according to the booking request of the customer.
f) The guest accommodation contract comes into existence with the receipt of the booking confirmation by the customer which the host or Mosellandtouristik as the broke will immediately send to the customer during the booking process, via the specified channel, by email Fax or by postal service.
2.6 If the content of booking confirmation differs from the booking, then the host will submit a new offer. The contract shall be concluded on the basis of the new offer, if the guest declares his acceptance by means of express declaration, down payment or full payment or declares use of the accommodation.
2.7 Travel agents and booking centres are not authorised to make arrangements, provide information or assurances which change the content of the contract, go beyond the contractually agreed services by the host or which are in contradiction to the accommodation and service description of the host.
2.8 Information in hotel guides and similar directories which are not published by Mosellandtouristik of the host, are not binding for the host and service obligation, provided that they have not been made content of the service obligation of the host by express agreement with the guest.
3. Non-binding reservations
3.1 Non-binding reservations for the guest from which he may resign free of charge are only possible by express agreement of Mosellandtouristik or the host.
3.2 If no non-binding reservation was expressly agreed for the guest, then the booking according to point 2. (conclusion of contract) of these Terms and Conditions generally results in a legally binding contract for the guest/customer.
3.3 If no non-binding reservation was expressly agreed for the guest, the requested accommodation will be bindingly held by the host for booking by the guest up to the agreed date. By this date the guest must notify Mosellandtouristik or the host if the reservation should be treated as a binding booking for him. If this does not happen, the reservation will be cancelled without further obligation of notification for Mosellandtouristik or the host. If notification is made in a timely manner, the receipt thereof will result in a legally binding guest accommodation contract for the host and the guest.
4. Prices and services, rebookings
4.1 The prices stated in the brochure are final prices and include VAT and all ancillary costs, if no other specifications are made with regard to ancillary costs. Separate costs incurred and specified could include tourist tax as well as payment for consumption-dependent billed services (e.g. electricity, gas, water, firewood) and for optional and additional services.
4.2 The services owed by the host exclusively arise from the content of the booking confirmation in combination with the applicable brochure, or description of the premises as well as from any supplementary agreements expressly reached with the guest/customer. It is recommended that the guest/customer has any additional agreements made in writing.
4.3 For rebookings (changes with regard to the type of accommodation, the arrival and departure date, the length of the stay, the type of boarding, for booked additional services and other supplementary services) for which there is no legal claim, the host can charge a rebooking fee of € 15 per change. This does not apply if the change is only minor.
5.1 The due date for the down payment and remaining balance is based on the arrangements made by the guest or the customer and which is stated in the booking confirmation. If a special agreement was not made, the total accommodation price including charges for ancillary costs and additional services is due at the end of the stay and must be paid to the host.
5.2 The host is entitled to request a down payment following the conclusion of the contract. Unless an agreement is made to the contrary in an individual case it will be 15 % of the total accommodation price and the booked additional services.
5.3 Payments in foreign currency and cheque payments are not possible. Credit card payments and EC card payments are only possible if this was agreed on or is offered by the host in general by mean of a notice. Payments at the end of the stay by electronic transfer are not possible.
5.4 If the guest does not pay the agreed down payment or not in full, despite a reminder by the host including a payment period, the host is entitled to withdraw from the contract with the guest, provided that the host is prepared and in the position to provide the contractual performances and provided there is no legal or contractual right of retention by the guest, and to charge the guest for cancellation fees according to point 6 of these terms and conditions.
6. Withdrawal and non-arrival
6.1 In case of withdrawal or non-arrival the hosts claim for remuneration of the agreed accommodation price including the boarding proportion and remuneration of additional services remains unaffected.
6.2 Within the framework of his ordinary business, the host, without obligation to particular efforts, and taking into account the particular character of the booked accommodation (e.g. non-smoking room, family room) must endeavour to find another use of the accommodation.
6.3 The host must offset other occupation and, as far as this is possible, any savings in expenses.
6.4 In accordance with the legally accepted percentage rates for the assessment of saved expenses, the guest, or the customer, must pay the following amounts to the host, in each case based on the total price of the accommodation services (including all ancillary costs), however, without taking into account any public taxes such as tourism tax or tourist taxes: · For holiday apartments / accommodation without board 90% · For overnight stay / breakfast 80% · For half-board 70% · For full-board 60%
6.5 The guest / customer expressly reserves the right to prove to the host, that the saved expenses are substantially higher that the aforementioned considered deductions, or that an otherwise use of the accommodation services or other services has taken place. In case of such proof, the guest or the customer, is only obliged to pay the correspondingly lower amount.
6.6 We urgently recommend taking out a travel cancellation insurance as well as insurance which covers repatriation costs in case of accidents or illness.
6.7 The withdrawal declaration must be addressed to Mosellandtouristik (not to the host) for administration purposes, and in the interest of the guest should be made in writing.
7. Arrival and departure
7.1 The guest must arrive at the agreed time, without special arrangement, the latest by 18:00 hours.
7.2 The following applies to late arrivals: The guest is obliged to notify the host by the latest at the agreed time of arrival, should he arrive late or only wants to occupy the booked accommodation on the following day in cases of multi-day stays. If notification is not made timely, the host is entitled to release the accommodation for occupancy. For the time of non-occupancy, the provisions in point 6 apply. If the guest notifies a late arrival, he is obliged to pay the agreed remuneration, minus the saved expenses of the host according to figure 6.4 and 6.5, also for the non-occupied time, unless the host is obliged, by contractual or legal provisions, to take responsibility for the reason of a late occupation.
7.3 The guest must vacate the accommodation at the agreed time, without special arrangement at the latest 12:00 hours on the day of departure. In case of a late vacation of the accommodation, the host can demand a corresponding extra fee. The host reserves the right of asserting a claim for further damage.
8. Obligation of the customer to notify a defect, animals, cancellation by the host
8.1 The guest is obliged to immediately notify the host about defects or faults and to demand that the defect is rectified. A notice of defects which is only made to Mosellandtouristik is not sufficient. In case of negligent failure of notification of defect, claims of the guests can be forfeited in full or partially.
8.2 The guest can only cancel the contract in case of substantial defects or faults. He must first provide the host with a notification of defect with an appropriate time period for the rectification, unless rectification is impossible, is refused by the host or the immediate cancellation due to a special interest which is recognised by the host, is objectively justified or continuing the stay is objectively unreasonable for such reasons.
8.3 The following applies to pets: Pets are only allowed at the place of accommodation if expressly permitted by means of an agreement on this, if the host offers this option in the advertisement. The guest is obliged to provide a truthful statement on the type and size of the pet. Violations can result in the host being entitled to an extraordinary termination of the guest accommodation contract. An unannounced arrival of pets or incorrect information about the type and size of the pets result in the entitlement of the host to refuse occupancy of the accommodation, to terminate the guest accommodation contract and to charging cancellation fees according to point 6 of these terms and conditions.
9. Limitation of liability
9.1 Liability of the host from the guest accommodation contract according to § 536a German Civil Code (BGB) for damages not arising from harm to life, body or health, is excluded provided this is not due to intentional or gross negligent breach of contract by the host or a legal representative or vicarious agent of the host.
9.2 The host‘s hospitality liability for provided items according to §§ 701 ff. German Civil Code (BGB) remain unaffected by this regulation.
9.3 The host is not liable for performance problems in combination with services, which are merely brokered (e.g. sports events theatre visits, exhibitions etc.) during the stay of the guest/customer and recognisable as such. The same applies for external services which are already brokered with the booking of the accommodation, provided that these are marked expressly as external services in the description, or booking confirmation.
10.1 Contractual claims of the guest / customer towards the host from the guest accommodation contract or towards Mosellandtouristik from the brokerage contract from injury to life, body or health including contractual claims for compensation which are based on negligent breach of contract or in case of intentional or negligent breach of contract by one of the legal representatives or vicarious agents are subject to a limitation period of three years. This also applies to claims for compensation of other damages which are based on gross negligent breach of contract by the host or of Mosellandtouristik or intentional or gross negligent breach of duty by their legal representatives or vicarious agents.
10.2 All other contractual claims are subject to a 1 year limitation period.
10.3 The period of limitation according to the aforementioned provisions each start with the completion of the year in which the claim arose and the guest / customer obtained knowledge about the circumstances that justify the claim, and the host or Mosellandtouristik as the party liable, with or without gross negligence or should have obtained knowledge thereof. If the last day of the time period is a Sunday, an officially recognised public holiday at the place of jurisdiction or a Saturday, the next working day will serve instead of such a day.
10.4 If negotiations between the guest and the host or Mosellandtouristik are ongoing about the asserted claims or the circumstances that justify the claim, the period of limitation is suspended until the guest or the host or Mosellandtouristik refuses the continuation of the negotiations. The aforementioned limitation period of one year occurs at the earliest 3 months after the said suspension.
11. Information about alternative dispute resolution mechanisms; governing law and jurisdiction
11.1 With regard to the Consumer Dispute Resolution Act (VSBG), the host and Mosellandtouristik would like to point out that participation in the material provisions of this law were not mandatory for the host and Mosellandtouristik at the time these terms and conditions went to print and that the host and Mosellandtouristik do not participate in voluntary consumer dispute resolution. Should consumer dispute resolution become obligatory for the host and / or Mosellandtouristik, the host and / or Mosellandtouristik will inform the consumers / travelers hereof in an adequate manner. For all contracts concluded via electronic transactions, the host and Mosellandtouristik refer to the European online dispute resolution platform ec.europa.eu consumers/odr/.
11.2 Exclusively German law applies to the contractual relationship between the guest or the customer and the host or Mosellandtouristik. The same applies for other legal relationships.
11.3 Insofar as in the case of permissible claims of the guest, or the customer against the host or Mosellandtouristik occur abroad and the liability for which is not subject to German law, exclusively German law is applied to legal consequences, in particular with regard to type, extent and amount of claims of the guest or customer.
11.4 The guest or the customer can only lay a legal claim against the host or Mosellandtouristik at their registered seat.
11.5 For claims of the host or Mosellandtouristik against the guest or the customer, the domicile of the customer applies. For claims against guests or customers who are merchants, legal entities of public or private law or persons, who have their place of residence / business or ordinary place of residence abroad, or whose ordinary place of residence is unknown at the time of the claim, the registered seat of the host is agreed on as the place of jurisdiction.
11.6 The above-mentioned definitions shall not apply if and to the extent that provisions of the European Union or other international provisions that are applicable to the agreement and not subject to being contracted away are applicable.
© These terms and conditions of travel are protected by copyright; RA Noll Stuttgart, 2004 – 2018
The tour operator is Mosellandtouristik GmbH
Managing director: Sabine Winkhaus-Robert
Kordelweg 1 54470
Commercial register at the local court of Wittlich, HRB 21498