Terms and conditions for the accommodation of visitors.
Terms and conditions for the accommodation of visitors in Bad Urach. The Spa Authority in Bad Urach acts solely as a source of information about accommodation from various providers (hotels, guest houses, B&Bs, private rooms and holiday cottages/apartments), referred to hereinafter collectively as "accommodation providers". If effectively agreed, the following terms and conditions form the content of the accommodation contract between the visitor and the accommodation provider, which comes into existence when a reservation is made. It also governs, in addition to the statutory provisions, the contractual relationship between the visitor and the accommodation provider. Please therefore read these terms and conditions carefully.
1. Status of the Bad Urach Spa Authority; conclusion of contract
1.1. The following applies to all types of reservation:
a) the Bad Urach Spa Authority is solely a source of documentation for enquiries by visitors. It does not have the status of an agent or that of the direct contractual partner or the accommodation contract with the visitor.
b) The basis of the accommodation provider's offer and the visitor's reservation are the description of the accommodation and the additional information in the underlying basis for the booking (e.g. description of location, explanation of classification), insofar as these are available to the visitor when the reservation is made.
c) Information in hotel guides and similar listings that are not published by the Bad Urach Spa Authority or the accommodation provider are not binding for the accommodation provider and his or her obligation to perform a contract, unless they become part of the accommodation provider's performance of the contract by express agreement with the visitor.
d) If the content of the reservation confirmation differs from that of the reservation, it constitutes a new offer by the accommodation provider. The contract comes into existence on the basis of this new offer if the visitor expresses his or her acceptance in an explicit statement, makes a down payment or final payment or uses the accommodation.
1.2. The following sally apply to the reservation, whether oral, by telephone, in writing, by email or by fax,
a) in making the reservation the visitor offers to conclude an accommodation contract with the provider. The visitor is bound by the reservation for three working days.
b) The contract comes into existence when the visitor receives a statement of acceptance. No specific form is required for this, and so oral and telephone confirmation are also legally binding for the visitor. As a rule, the accommodation provider will also send confirmation of reservation to the visitor in writing. Oral or telephone reservations made by the visitor with appropriate binding oral or telephone confirmation shall also result in a binding contract even where the visitor does not receive relevant confirmation of the reservation in writing.
c) If the accommodation provider makes a special offer at the request of the visitor or client principal, this shall constitute, departing from the provisions above, a binding offer by the accommodation provider to the visitor or client. In these cases the contract comes into existence without the requirement for confirmation by the accommodation provider or the Bad Urach Spa Authority, provided that the visitor or client accepts this offer within the period stated in the offer without limitations, modifications or additions through explicit statement, down payment, final payment or by making use of the accommodation.
1.3. The following applies to the conclusion of the contract if the reservation is made online:
a) the online booking procedure is explained to the visitor in the relevant Web portal. The visitor has an option with which to amend his or her data or to delete or reset the whole online booking form, and the use of this option is explained. The languages used to carry out the online booking are stated. Solely the German language is legally authoritative.
b) When the visitor presses the "Book and Pay" button, he or she undertakes to conclude an accommodation contract with the accommodation provider. The visitor is bound by this contractual offer for 3 working days after the electronic declaration has been sent.
c) The visitor will receive immediate electronic confirmation of receipt of the reservation.
d) Sending the contractual offer by pressing the "Book and Pay" button does not constitute the visitor's entitlement to the existence of a guest acceptance contract in accordance with the details in his or her reservation. On the contrary, the accommodation provider may choose whether to accept the visitor's offer of a contract or not.
e) The contract comes into existence with the receipt by the visitor of the accommodation confirmation from the accommodation provider.
f) If the reservation is confirmed immediately after the visitor has made the reservation by clicking the "Book and Pay" button with an appropriate message on the screen (real-time reservation), the accommodation contract comes into existence with the receipt and this display of confirmation of reservation on the visitor's screen, with no requirement for an interim message concerning the receipt of the reservation as in part c) above. In this case, the customer will be offered the option to save and print the confirmation of reservation. However the binding nature of the accommodation contract does not depend on whether or not the visitor uses these save or print options. As a rule, the accommodation provider will also send the visitor a copy of the confirmation of reservation by email, email attachment, post or fax. Receipt of an additional confirmation of reservation of this kind is however equally not a condition for the binding nature of the contract.
2. Prices and services
2.1. The prices given in the brochure are final prices and include VAT at the statutory rate and all ancillary costs, unless otherwise stated in respect of the ancillary costs. They apply per person or per unit. Spa taxes and payments for services charged for by consumption (such as electricity, gas, water or firewood) and for optional and extra services may be charged and listed separately.
2.2. The only services owed by the accommodation provider are those specified in the reservation confirmation in conjunction with the applicable brochure or description of the property and from any supplementary agreements entered into explicitly with the visitor/client. The visitor/client is advised to put any additional agreements in writing.
3.1. The time for payment of deposits and final amounts is in accordance with the arrangements agreed with the visitor or client and noted in the reservation confirmation. Except where a separate agreement has been made, payment of the total cost of the accommodation including ancillary costs and extra services becomes due at the end of the stay and must be paid to the accommodation provider.
3.2. The accommodation provider may request a deposit of 10 % of the total cost without stating this explicitly in the reservation confirmation.
4. Cancellation and non-arrival
4.1. Should the visitor cancel or fail to arrive without giving notice of cancellation the accommodation provider remains entitled to payment of the agreed price of the stay including the element for food and drink and the costs of extra services.
4.2. In the course of his normal business activity the accommodation provider should try to find another use for the accommodation; this does not however imply unreasonable effort and should respect the particular nature the rooms/facilities in question (e.g. non-smoking room, family room etc.). The accommodation provider should take into account any alternative letting he may receive for the cancelled accommodation, and where this is not possible, should account for any expenses saved.
4.3. The visitor or client must pay the following to the accommodation provider in accordance with the percentages recognised in law for the assessment of expenses saved, These apply to the total cost of the accommodation and services (including all ancillary costs), but excluding the spa tax:
For holiday cottages/apartments/accommodation without
• meals 90 %
• For bed and breakfast 80 %
• For half board 70 %
• For full board 60 %
4.4. The visitor/client reserves the right to provide evidence to the accommodation provider that the latter's savings on expenses are considerably higher than the deductions given above or that the accommodation has been alternatively let. If this evidence is provided, the visitor or client shall only be obliged to pay the smaller amount.
4.5. Travel cancellation insurance is strongly recommended.
4.6. Cancellations must be notified to the accommodation provider and not to the Bad Urach Spa Authority, and in the interests of the visitor should be made in writing.
5. Customer obligations, cancellation by the accommodation provider
5.1. The visitor must notify the accommodation provider immediately of any deficiencies or faults and to request that they be dealt with. It is not sufficient to complain to the Bad Urach Spa Authority. The visitor's claims may be rendered totally or partially invalid if he or she is at fault for not making a complaint.
5.2. The visitor may only withdraw from the contract if the deficiencies or faults are substantial. The visitor must allow the accommodation provider a reasonable period in which to deal with the complaint, unless such remedial action is impossible, is denied by the accommodation provider, or immediate cancellation is justified due to the visitor's a specific interest, recognised by the accommodation provider, or if it is unreasonable for the stay to continue for those reasons.
6. Limitation of liability
6.1. The accommodation provider's liability under the accommodation contract in accordance with Section 536a German Civil Code (BGB) for claims that do not arise from death, bodily injury or damage to health is excluded, provided that it is not the result of a malicious or grossly negligent breach of duty on the part of the accommodation provider or his or her legal representative or vicarious agent.
6.2. The liability of the accommodation provider for visitor's belongings brought to the premises pursuant to Sections 701 ff of the German Civil Code is not affected by this provision.
6.3. The accommodation provider is not liable for disruptions to services during the stay that are recognisably delivered by third parties and for which the accommodation provider is merely an agent (e.g. sporting events, theatre visits, exhibitions etc). The same applies to third party services which were notified at the time of the reservation, where these are explicitly described as such in the offer or the confirmation of reservation.
7. Statute of limitations
7.1. Claims asserted by the visitor/client against the accommodation provider arising from the accommodation contract in respect of death, bodily injury or damage to health including contractual claims to compensation resulting from a negligent breach of duty on the part of the accommodation provider or a malicious or negligent breach of duty on the part of the accommodation provider's legal representatives or vicarious agents shall expire after three years. This also applies to claims for compensation for other damages arising from a grossly negligent breach of duty on the part of the accommodation provider or a malicious or grossly negligent breach of duty on the part of the accommodation provider's legal representatives or vicarious agents.
7.2. All other claims under the contract lapse after one year. If the last day of the period falls on a Sunday, on a national public holiday observed at the place of declaration or on a Saturday, the period shall be deemed to end on the next working day.
7.3. The limitation period in accordance with the above provisions begins at the end of the year in which the claim arose and the visitor/client acquired knowledge of or should have acquired knowledge of, barring gross negligence, the circumstances forming the basis for the claim and of the accommodation provider as the liable party.
7.4. If the visitor and the accommodation provider are involved in negotiations about asserted claims or the circumstances underlying the claims, the limitation shall be is delayed until the visitor or the accommodation provider declines to continue the negotiations. The aforementioned limitation period of one year commences at the earliest 3 months after the end of the delay.
8. Choice of law and court of jurisdiction
8.1. The contractual relationship between the visitor or client and the accommodation provider shall be governed exclusively by German law. This also applies to any other legal relationships. 8.2. The visitor or client may bring a lawsuit against the accommodation provider only at the accommodation provider's place of business.
8.3. The place of residence of the visitor or client shall be authoritative if the accommodation provider brings a lawsuit against the visitor. For lawsuits against visitors or clients who are business people, legal entities in public or private law or people who have their normal place of residence/business or location in another country or whose place of residence/business or normal location is not known at the time the lawsuit was started, the court of jurisdiction shall be the accommodation provider's place of business.
8.4. The provisions above shall not apply if and insofar as provisions of the European Union or other international provisions, non-modifiable by mutual consent, are applicable and relevant to the contract.
---------------------------------------------------------------------------------------------------------- © These terms and conditions are the copyright of Rechtsanwalt Noll, Stuttgart, 2004-2013 ---------------------------------------------------------------------------------------------------------- Publisher: Ermstal-Alb Tourismus e. V. Information office for visitor enquiries: Bad Urach Spa Authority Bei den Thermen 4 72574 Bad Urach Telephone +49 (0)7125 9432-0 Fax +49 (0)7125 943222 Email: email@example.com Legal entity: Bad Urach, represented by the Mayor Elmar Rebmann, Marktplatz 8-9, 72574 Bad Urach