Guest accommodation conditions and general terms and conditions of your hosts:
The following booking conditions become the content of the guest accommodation / accommodation contract that comes into being between the guest and the host (holiday apartments; hereinafter referred to as "host") and, in addition to the statutory provisions, regulate the contractual relationship between the guest and the host. Please read these conditions carefully.
1. Position of FeWo87534, scope of these guest accommodation conditions
1.1. Unless otherwise expressly agreed, FeWo87534 only has the position of an intermediary. It is not liable for the host's information on prices and services. Any liability of FeWo87534 from the agency contract remains unaffected.
1.2. These guest accommodation conditions apply to all bookings of accommodation for which the accommodation offers on the website fewo87534.bookingturbo.com or the connected websites are the basis for booking.
1.3. The hosts reserve the right to agree with the guest in individual cases other than the present conditions of admission or to make individual and different agreements from these conditions of admission.
2. Conclusion of contract
2.1. The following applies to all types of booking: a) The basis of the offer of the host and the booking of the guest are the description of the accommodation and the additional information in the booking basis (e.g. classification explanations) insofar as these are available to the guest when booking. b) FeWo87534 points out that according to the legal regulations (§ 312g Paragraph 2 Clause 1 Clause 9 BGB) for accommodation contracts that are in distance sales (letters, catalogs, phone calls, faxes, e-mails, messages sent via mobile phone service (SMS ) and radio and telemedia) have been concluded, there is no right of withdrawal but only the legal regulations on the non-use of rental services (§ 537 BGB) apply (see also Section 5 of these guest accommodation conditions). A right of withdrawal exists, however, if the accommodation contract has been concluded outside of business premises, unless the oral negotiations on which the conclusion of the contract is based have been carried out on the consumer's prior request; in the latter case, there is also no right of withdrawal.
2.2. The following applies to the booking, which is made verbally, by telephone, in writing, by e-mail or by fax: a) With the booking, the guest offers the host a binding conclusion of the guest accommodation contract. b) The contract is concluded upon receipt of the declaration of acceptance by the guest, which does not require any form, with the result that verbal and telephone confirmations are also legally binding for the guest. As a rule, the host or FeWo87534 will also send a written copy of the booking confirmation to the guest. Verbal or telephone bookings by the guest, with the corresponding binding verbal or telephone confirmation, also lead to the binding conclusion of the contract if the guest does not receive the corresponding written copy of the booking confirmation. c) If the host submits a special offer at the request of the guest or a client, this is, contrary to the above regulations, a binding contract offer by the host to the guest. In these cases, the contract comes into being without the need for a corresponding reconfirmation by the host or FeWo87534, if the guest makes this offer within the period specified in the offer without restrictions, changes or extensions by express declaration, down payment, final payment or use who accepts accommodation.
2.3. For bookings made on the Internet, the following applies to the conclusion of the contract: a) By pressing the button (the button "Book with obligation to pay", the guest offers the host a binding conclusion of the guest accommodation contract. The guest will receive an electronic confirmation of the receipt of his booking immediately. b) The transmission of the contract offer by pressing the button "Book with obligation to pay" does not establish a guest claim to the conclusion of a guest accommodation contract in accordance with his booking details. Rather, the host is free to decide whether to accept the guest's contractual offer or not. c) The contract comes into existence upon receipt of the booking confirmation by the host or FeWo87534 as the agent of the guest.
2.4. If the booking confirmation is made immediately after making the guest's booking by pressing the button "Book with obligation to pay" and the corresponding display on the screen (booking in real time), the guest accommodation contract is concluded with the guest receiving and displaying this booking confirmation on the screen, without it In this case, the guest is offered the opportunity to save and print out the booking confirmation. However, the binding nature of the guest accommodation contract does not depend on the guest using these options for saving or printing out the host or apartment 87534 must also send the guest a copy of the booking confirmation by e-mail or an e-mail attachment, but access to such an additional booking confirmation is also not a prerequisite for the legal acceptance of the guest admission rages.
3. Prices and services
3.1. The prices stated in the booking basis (host directory, offer of the host, internet) are final prices and include the statutory value added tax and all additional costs, unless otherwise stated regarding the additional costs. Tourist tax, final cleaning, laundry set and fees for services billed according to consumption (e.g. firewood) and for optional and additional services that are only booked or used on site may be incurred and shown separately.
3.2. The services owed by the host result exclusively from the content of the booking confirmation, the information on accommodation and the services of the host in the booking basis as well as from any additional agreements expressly made with the guest. The guest is advised to make additional agreements in writing.
4.1. The due date of the down payment and final payment is based on the arrangement made with the guest and noted in the booking confirmation. If a special agreement has not been made, the entire accommodation price including the charges for additional costs and additional services is due at the end of the stay and payable to the host.
4.2. After conclusion of the contract, the host can request a down payment of up to 20% of the total price of the accommodation services and booked additional services, unless otherwise agreed in individual cases regarding the amount of the down payment.
4.3. For stays of more than 1 week after their expiry, the host can invoice the payment for previous days of stay and for additional services (e.g. meals not included in the accommodation price, withdrawals from the minibar) and make them payable.
4.4. Payments in foreign currencies and with crossed checks are not possible. Credit card payments and paypal are possible if this is agreed or generally offered by the host. Payments at the end of the stay are not possible by bank transfer.
4.5. If an agreed down payment is not or not made in full by the guest despite a reminder from the host with a deadline, the host is entitled, insofar as he is willing and able to provide the contractual services and as far as there is no legal or contractual right of retention of the guest, withdraw from the contract with the guest and the latter with cancellation costs according to para. 5 of these conditions.
5. Return and no-show
5.1. In the event of cancellation or no-show, the host remains entitled to payment of the agreed accommodation price including the share of meals and the fees for additional services.
5.2. The host has to endeavor to use the accommodation for other purposes within the scope of his normal business operations, without any obligation to make special efforts and taking into account the special character of the booked accommodation (e.g. non-smoking rooms, family rooms).
5.3. The host must have other occupancy and, insofar as this is not possible, saved expenses saved.
5.4. According to the percentages recognized by the jurisprudence for the measurement of saved expenses, the guest has to pay the host the following amounts, in each case based on the total price of the accommodation services (including all incidental costs), but without taking into account spa contributions: For holiday apartments / accommodations without Catering 90%. 80% for bed and breakfast. With half board 70%. With full board 60%.
5.5. The guest expressly reserves the right to prove to the host that his saved expenses are significantly higher than the deductions considered above, or that the accommodation or other services have been used for other purposes. In the event of such proof, the guest is only obliged to pay the correspondingly lower amount.
5.6. The guest is strongly advised to take out travel cancellation insurance.
5.7. The cancellation notice should be sent to the host directly for all bookings and should be made in writing in the interest of the guest.
6. Arrival and departure
6.1. The guest's arrival must be made by 6:00 p.m. at the agreed time without special agreement.
6.2. The following applies to later arrivals: a) The guest is obliged to notify the host by the agreed time of arrival at the latest if he arrives late or does not want to move into the booked accommodation on a subsequent day for stays of several days. b) If a timely notification is not given, the host is entitled to prove the accommodation otherwise. For the time of non-occupancy, the provisions in prov. 5 accordingly. c) If the guest communicates a later arrival, he has the agreed remuneration, less saved expenses of the host according to para. 5.4 and 5.5 also to be paid for the unused occupancy time, unless the host is legally or legally responsible for the reasons for the later occupancy.
6.3. The guest's accommodation must be cleared at the agreed time and no later than 11:00 a.m. on the day of departure. If the accommodation is not vacated on time, the host can request a corresponding additional payment. The host reserves the right to claim further damages.
7. Customer obligations; Cancellation by the guest or the host
7.1. The guest is obliged to treat the accommodation and its facilities as well as all facilities of the host only in accordance with the regulations, insofar as they are available (e.g. in the case of swimming pools and saunas) in accordance with the usage regulations and overall.
7.2. The guest is obliged to observe any house rules or court rules that have been made known to them or for which there was a reasonable possibility of gaining knowledge based on the relevant information.
7.3. The guest is obliged to check the accommodation and its facilities when moving in and to inform the host immediately of any defects or damage that may have been ascertained.
7.4. The guest is obliged to immediately report any defects and faults to the host and to request remedy. A notification of defects that is only made to FeWo87534 is sufficient. If the notice of defects is culpably omitted, claims of the guest can be wholly or partially void.
7.5. The guest can only terminate the contract in the event of significant defects or disruptions. He must give the host a reasonable period of time to remedy the defect, unless the remedy is impossible, is refused by the host or the immediate termination is objectively justified by a special, recognizable interest of the guest or out such reasons, the continuation of the stay is objectively unreasonable for the guest.
8. Limitation of liability
8.1. The liability of the host from the guest accommodation contract according to § 536a BGB for damage that does not result from injury to life, limb or health is excluded, unless it is based on an intentional or grossly negligent breach of duty by the host or a legal representative or vicarious agent based on the host.
8.2. The host liability of the host for items brought in according to §§ 701 ff. BGB remains unaffected by this regulation.
8.3. The host is not liable for performance disruptions in connection with services that are recognizable as external services for the guest / client during the stay (e.g. sporting events, theater visits, exhibitions, etc.). The same applies to external services that are already arranged together with the booking of the accommodation, provided that these are expressly identified as external services in the advertisement in the booking confirmation.
9. Choice of law and place of jurisdiction
9.1. Only German law applies to the contractual relationship between the guest and the host or FeWo87534. The same applies to the other legal relationship.
9.2. The guest can only sue the host or apartment 87534 at their registered office.
9.3. The customer's place of residence is decisive for complaints by the host or apartment 87534 against the guest. For lawsuits against guests who are merchants, legal entities under public or private law or persons who have their place of residence / place of business or habitual residence abroad, or whose place of residence / business or habitual residence is not known at the time the action is filed the place of jurisdiction is the host's registered office.
9.4. The above provisions do not apply if and insofar as applicable to the contract, non-mandatory provisions of the European Union or other international provisions apply.
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