Terms and Conditions
§ 1 Formation of the booking contract
1. The booking contract will be binding when the accommodation has been reserved and confirmed or has been provided at short notice.
2. Bookings can be made orally, in writing, by telephone, fax or e-mail. In the interest of the contracting parties a written form is recommended.
3. The guest making the booking shall be liable for all obligations arising from the contract including those of other persons listed in the booking, provided that this guest has assumed a corresponding separate obligation by means of an express separate declaration.
If the booking is made by Bispingen-Touristik e.V. (hereinafter referred to as “BT”) or by the reservation system Feratel deskline (hereinafter referred to as “IRS”), the following clause applies:
1. The guest offers the accommodation provider, represented by BT/IRS as agent, orally, in writing, by telephone, fax or e-mail the formation of a booking contract. The booking contract comes into effect by the booking confirmation by BT/IRS acting as the agent of the accommodation provider.
2. In the interest of the contracting parties the booking should be made in writing.
3. See 3.) above.
§ 2 Services, Prices and Payment
1. Services owed by the accommodation provider result solely from the booking offer.
2. All prices stated are final prices and include all extra costs unless agreed otherwise.
3. The agreed price including all extra costs is due on the day of arrival unless agreed otherwise.
If the parties have agreed on a deposit, the following clause applies:
1. A deposit of at least 10% of the total accommodation price is due and payable upon the binding booking.
2. The agreed final payment including all extra costs is due on the day of arrival unless agreed otherwise.
3. If the deposit (and final payment) is not settled in due time and a reminder has been without result, the accommodation provider has the right to withdraw from the contract and demand compensation.
§ 3 Terms/Information
1. Guests are obliged to handle the accommodation as well as the equipment with utmost care. Guests are liable for compensation for negligent damage of furniture and fixtures, rooms, the building or facilities belonging to the building if and to the extent it has been culpably caused by guests or their accompanying persons or visitors.
2. Damages in the accommodation must be reported to the accommodation provider immediately, unless guests are liable to remove the damage themselves. Guests are liable for compensation of consequential damages resulting from not giving notice in a timely manner.
3. The agreed number of guests staying at the accommodation must not be exceeded. Overcrowding justifies the immediate termination of the contract by the accommodation provider and/or an appropriate extra charge
4. All kinds of pets are only allowed following explicit agreement by the accommodation provider and in case of such an agreement only within the information given about the kind and size of the animal.
$ 4 Cancellation
1. By the formation of the booking contract both contracting parties are obliged to fulfil their part of the contract regardless of the duration of the contract. A unilateral, free cancellation of a binding booking on the part of the guest is explicitly impossible.
2. Should the guest withdraw from the contract, he is obliged to pay the agreed or customary price including the board regardless of the time and reason of the cancellation. However the accommodation provider must allow the deduction of saved expenses from his claim for performance.
3. In lieu of performance the accommodation provider can charge general cancellation fees as follows (respectively in % of the agreed accommodation price):
Cancellation fees for inns/hotels/guesthouses/private rooms
Cancellation up to the 31st day prior to arrival 10%
Cancellation up to the 21st day prior to arrival 20%
Cancellation up to the 11th day prior to arrival 50%
Cancellation up to the 3rd day prior to arrival 10%
after that and in the case of non-appearance max. 80% of the agreed accommodation rate will be charged for bed & breakfast, max. 70% for overnight stay plus half-board and 60% for overnight stay plus full-board.
Cancellation fees for holiday homes/holiday apartments
Cancellation up to the 45th day prior to the beginning of the rental period 20%
Cancellation up to the 35th day prior to the beginning of the rental period 50%
after that and in the case of non-appearance 90%
4. The accommodation provider must re-let the unused accommodation otherwise in good faith and must allow the deduction of the thereby saved costs from the claimed cancellation fee.
5. The guest reserves the right to prove that the accommodation provider has suffered no or considerably lower damage
6. In the interest of the guest the cancellation should be made in writing and must be sent to the accommodation provider
7. Guests are strongly advised to take out cancellation insurance.
§ 5 Defects of accommodation services
The accommodation provider is liable for the proper performance of the services stipulated by contract. If the rented accommodation shows any defects that goes beyond a mere discomfort, the guest has to report the defect immediately to the accommodation provider or his representative to allow removal of the defects by the accommodation provider. If the guest fails to inform the accommodation provider, he is not entitled to assert claims for non-performance of the stipulated performances.
§ 6 Liability
1. The accommodation provider’s contractual liability for damages excluding physical damages is limited to three times the price of the stipulated services, provided that the damage is not caused by a grossly negligent or intentional breach of duties or by an intentional or negligent violation of a typical contract obligation of the accommodation provider. The same shall apply if the damage to the guest is culpably caused by a legal representative or agent of the accommodation provider.
2. The accommodation provider is liable for objects brought by the guest subject to legal provisions (701ff BGB).
3. The accommodation provider is not liable for impairment of performance in connection with services that are arranged only as third-party services (e.g. sport events, visits to the theatre, concerts, exhibitions and so on) and have been explicitly described as third-party services.
§ 7 Limitation
1. All claims of the customer become time-barred 12 months after the commencement of the limitation period according to statutory law (§199 Abs. 1 BGB).
2. Claims of the guest shall remain unaffected hereby when arising from the violation of life, body or health and other claims which are based on an intentional or grossly negligent breach of duties by the accommodation provider, a legal representative or agent.
§ 8 Choice of Law and Jurisdiction
1. The contract will be governed by German Law.
2. The place of jurisdiction for lawsuits filed by the guest against the accommodation provider is exclusively the registered place of the accommodation provider.
3. The registered place of the accommodation provider is agreed upon as the exclusive place of jurisdiction for lawsuits filed by the accommodation provider against businessmen, corporate bodies under public law or governed by private law who do not have a general place of jurisdiction in Germany or have moved their residence or permanent dwelling abroad after signing the contract, or whose residence or permanent dwelling is unknown at the time of the commencement of the suit.
(As at December 2014)