Trier Tourismus und Marketing GmbH – referred to herein as TTM – publishes within its host directories as well as on its website www.trier.info.de accommodation service offers which are provided by commercial and private accommodation providers (i.e. hotels, inns, guesthouses, privately rented rooms and holiday apartments), hereinafter mutually referred to as hosts. The below conditions, provided and to the extent that they have been agreed upon validly, any client booking and the resulting contractual relationship between a client and a host as well as TTM’s agent services shall in addition to the relevant provisions of statutory law be subject to these Accommodation Terms and Conditions.
Therefore, you are kindly requested to read same carefully before booking your accommodation service.
1. TTM’s Contractual Role
1.1. In relation to accommodation service contracts the following shall apply:
a) TTM operates various websites and publishes certain host directories, bro-chures, flyers and other print media or online publications, where TTM is clearly indicated as being the editor of such publications.
b) Moreover, in relation to any services which are to be provided by a host as a prime service together with certain ancillary services (e.g. accommodation, cater-ing, other ancillary host services), TTM shall only act as an agent of a single travel service on behalf of such host if the value of any ancillary services provided within the scope of such services does not represent a substantial part of the total value of such service and, if these ancillary services do not constitute a material charac-teristic of such service offered by the host and has also not been advertised as such.
c) TTM shall act as an agent of combined travel services, if a combination of travel services offered by TTM fulfils the pre-requisites as defined in the statutory provisions of Section 651w of the German Civil Code.
d) Notwithstanding TTM’s statutory obligations when offering combined travel services (especially with respect to due delivery to the client of the information forms as provided by statutory law, and due provision of security in relation to customer payments in the event that TTM collects any client payments) and notwithstanding moreover the consequences provided by statutory law in case TTM should fail to observe its respective statutory obligations, TTM shall, provid-ed it duly fulfils the pre-requisites as outlined in lit b) and c) above, act neither as a travel package tour operator nor as the client’s contract partner in relation to any accommodation contract concluded. TTM shall thus not be liable in relation to any information provided by the host as regards prices or services nor in relation to the due provision of services as such nor in relation to any service deficiencies.
1.2. These Terms and Conditions (if and as far as validly agreed upon) shall apply to the contractual relationship regarding the provision of accommodation services which have been booked on the basis of host directories, brochures or internet advertisements.
1.3. Each host reserves the right to apply other terms and conditions than these Terms and Conditions or to conclude additional terms and conditions to or ones differing from these Terms and Conditions.
2. Conclusion of Accommodation Contracts; Settlement of consumer disputes
2.1. For all kinds of bookings the following shall apply:
a) Offers made by hosts and bookings consequently placed by clients shall be based on the descriptions of accommodation facilities as well as supplementary information (such as locality descriptions or classification specifications e.g.) as provided and available to the client at the time of booking.
b) In accordance with the applicable obligations as provided by statutory law, the client is herewith duly informed that pursuant to the relevant statutory provisions (as stipulated in section 312g paragraph 2 sentence 1 no. 9 of the German Civil Code) the following applies: The client shall have no right to revoke the conclusion of an accommodation service contract, that has been concluded remotely (i.e. by way of letter, brochure, telephone, facsimile, email, via text messages as well as by way of broadcasting services via radio or TV): In such cases the statutory provisions concern lease contracts shall apply (section 537 of the German Civil Code). In this respect, please refer also to the provisions stipulated in Clause 4 hereunder). The client shall however be entitled to revocation if the accommodation contract has been concluded outside of business premises, unless the oral negoti-ations on the basis of which the accommodation contract was subsequently concluded were conducted due to the client’s respective request in which case, in turn, the client shall have no right of revocation.
2.2. As regards accommodation bookings which are made in writing, per email or per fax the following shall apply:
a) By way of placing a booking, the client - in a contractually binding manner - furnishes an offer to the relevant host to enter into a contractual relationship for the provision of accommodation services.
b) The contractual relationship is concluded upon receipt by the client of the host’s acceptance (given by way of an accommodation booking confirmation).
2.3. As regards online bookings the following shall apply in relation to concluding a contractual relationship:
a) By activating the button "zahlungspflichtig buchen" ("binding booking resulting in a payment duty") the client furnishes to the host or TTM a binding offer to conclude a contractual relationship regarding the provision of accommodation services whereupon the client will automatically receive an electronic booking confirmation.
b) Submitting an offer by way of activating the button "zahlungspflichtig buchen" shall not entitle the client to any rights regarding the conclusion of a contractual relationship on the basis of the booking made. The host remains free to decide whether to accept the client’s respective offer or not.
c) The contractual relationship shall be concluded upon the client receiving the respective booking confirmation.
2.4. With respect to the newly introduced legislation regulating the settlement of consumer disputes (Gesetz über Verbraucherstreitbeilegung) the host points out that at the time of printing these conditions, material elements of such law had not been enacted. The host currently does not participate in any such voluntary set-tlement programme. In the event that the participation in such a programme became obligatory in the further course after printing and publishing these terms and conditions, the host will duly inform its clients accordingly. In relation to all contractual relationships concluded electronically, the host makes reference herewith to the European dispute settlement platform https://ec.europa.eu/consumers/odr/.
3.1. Following conclusion of a contractual relationship the host may demand a prepayment of up to 20% of the sum of the total accommodation price and all charges for additional services booked, provided nothing contrary has been agreed upon by way of an individual agreement between the parties.
3.2. Residual amounts become due for payment at the clients‘ departure, provided nothing contrary has been agreed.
3.3. In the event of bookings being placed within a period of less than 7 days prior to commencement of service provision, the client shall be obliged to pay 20% of the accommodation price upon arrival at the accommodation facility. The residual balance shall be payable at the end of the client’s stay.
3.4. Payments in foreign currencies shall not be possible. Payment by credit card shall only be possible, if accordingly agreed upon by the parties or communicated by the host be it by displaying relevant signs or otherwise. Payments becoming due at the end of a client’s stay shall not be possible by bank transfer.
4. Cancellations and No Shows
4.1. If the client cancels his accommodation booking or fails to arrive at the booked accommodation facility, the host remains entitled to payment of the accommodation price, including victualling fees as well as fees for additional services booked by the client.
4.2. The host shall, within the course of his ordinary business apply reasonable endeavours to allocate the client’s unused accommodation services to another party but shall not be obliged to apply extraordinary efforts in this respect, taking into consideration also the specific room type (non-smoking / family room) in each case.
4.3. All proceeds collected by the host due to allocating the client’s accommoda-tion services to a third party as well as all costs which have remained unexpend-ed, shall be deducted from any claims held by the host towards the client pursuant to section 4.1 above.
4.4. In accordance with the - judicially recognised - percentages set out here below with respect to the valuation of costs remaining unexpended by a host in case of non-utilization of an accommodation booking, a client shall be obliged to pay the following amounts. The below percentages refer to the total accommodation price including all applicable surcharges, however excluding possibly applicable local tourist or guest taxes:
- Regarding holiday flats / apartments without board services: 90%
- Regarding accommodation services including breakfast: 80%
- Regarding half board services: 70%
- Regarding full board services: 60%
4.5. The client explicitly retains the right to positively prove that costs which have remained unexpended by a host were significantly higher than the deductions made according to the percentages set out above or that the booked accommodation service have been re-assigned by the host to another party. In such cases the client shall only be obliged to pay an accordingly reduced amount.
4.6. It is urgently recommended to take out travel cancellation insurance.
5. Arrival and Departure
5.1. The client’s arrival will be at the time agreed upon by the parties, without respective agreement, latest by 6 p.m. on the booked day of arrival.
5.2. For later arrivals, the following shall apply:
a) The client will inform the host, if the client expects to arrive late or, in relation to stays of more than one day, if the client chooses to arrive the day following his booked arrival.
b) If the client fails to duly notify the host of his delayed arrival in accordance with the provisions hereunder, the host shall be entitled to allocate the client’s room to another party. In cases where the host cannot allocate a room to another party the provisions stipulated in section 4 hereunder apply accordingly.
c) If the client notifies the host of his delayed arrival, the client shall nonetheless be liable to pay the unused portions of his stay less deductions which are to be made by the host in relation to unexpended costs in accordance with the provisions stipulated in section 4.4 and 4.5 hereunder. In cases where, by contract or law, the host is responsible for the client’s due arrival at the accommodation facility, the client shall not be liable to make any payments to the host in this respect.
5.3. On departure day, the client shall vacate the room at the time agreed upon by the parties. In cases where no agreement has been made in this respect the room shall be vacated latest until 11 a.m. of that day. If a client fails to vacate the room within the times specified above, the host shall be entitled to charge addi-tional fees. Moreover, the host shall be entitled to claim compensation for damag-es exceeding such additional room charges.
6. Client’s Obligations and Cancellation by Client; Cancellation by Host
6.1. The client shall, without unreasonable delay, report any deficiencies to the host possibly occurring, thereby demanding that same are to be removed. Respec-tive notifications of TTM shall not suffice. Should the client fail to comply with his obligations to notify the host, the client’s resulting claims may be jeopardized wholly or in part.
6.2. The client shall only be entitled to cancel an accommodation service for reasons of default, in cases of material deficiencies occurring. Prior to cancellation the client shall be obliged to first claim remedy in relation to such deficiency, setting a reasonable period for such remedy. This shall not apply if remedy is factually impossible or has already been rejected by the host or the client’s imme-diate cancellation is to be deemed reasonable, given the client’s particular (and for the host recognisable) interests or if the client for such reasons cannot reasonably be expected to continue using the accommodation services.
6.3. The host shall be entitled to cancel an agreement without notice, if the client despite the host’s respective warning, continually disturbs the host’s accommoda-tion business or the provision of accommodation services or if the client is in breach of contractual obligations which are so material that an instant cancellation may be deemed legitimate. In cases where the host cancels agreements with tour operators, section 4 shall apply in relation to payments consequently becoming due to the host.
7. Applicable Law and Jurisdiction
7.1. The contractual relationship between the host and the client as well as that between TTM and the client will be exclusively governed by German law. The same shall apply to all other legal relationships between the client and the host.
7.2. Law suits by a client against a host or TTM shall be brought before the court of competent jurisdiction at the host’s or TTM’s registered seat.
7.3. Law suits by a host or TTM against a client shall be brought before the court of competent jurisdiction at the client‘s residence. Law suits against clients who are merchants in accordance with the German Commercial Code or legal persons of civil or public law who have their residence or registered business seat or whose usual place of stay is either abroad in a foreign country or unknown at the time when the law suit is brought, the parties agree that such law suits shall be brought before the court of competent jurisdiction of the plaintiff, i.e. the host or TTM.
7.4. The above provisions shall not apply if and as far as provisions of the European Union or international law apply which cannot be waived.
© Copyright Noll | Hütten | Dukic Rechtsanwälte, München | Stuttgart 2019.
Acting as an agent in relation to accommodation services:
Trier Tourismus und Marketing GmbH
Phone +49 (0)651 97808-0
Commercial Register: District Court of Wittlich, HRB 4635
Managing Director: Norbert Käthler
Chairman of the Supervisory Board: Markus Nöhl
VAT Number: DE813408785