Terms and Conditions of Accomodation
of Tourismus Hörnerdörfer GmbH
please read the following terms and conditions of accommodation carefully as they govern the legal relationships between you and the service provider (e.g. hotels, holiday flats), and between you and Tourismus Hörnerdörfer GmbH (hereinafter referred to as “Tourist Information”). These terms and conditions of accommodation shall become an integral part of the contract to be concluded with the service provider on services provided by the service provider and of the agency service contract to be concluded with the Tourist Information that acts as an agency referring accommodation and other services.
1. Subject matter of the agency service
The Tourist Information acts as an agency for accommodation services in particular via an electronic booking system. The Tourist Information does not render any services itself in relation to this activity; instead it acts as an agency on behalf of and for the account of third-party companies, hereinafter referred to as Service Providers. The contract on the booked service is concluded solely between the guest and the Service Provider. The relationship of the Tourist Information and the guest is bound merely by an agency service contract. The scope of the service provided is specified in the booking confirmation. Ancillary agreements that modify the scope of the contractual service require confirmation.
2. Booking and conclusion of contract
With the booking, the guest submits a binding offer to the Service Provider to conclude a contract (e.g. an accommodation contract for hotel bookings) and to the Tourist Information to conclude an agency service contract, incorporating these terms and conditions of accommodation.
The booking can be made electronically via the internet, via mail, fax, email, on the phone or in person. The Service Provider may offer the booking options as outlined in subsections 2.3 to 2.4.
Booking option “Not available for direct booking”: The Tourist Information provides the guest with the contact details of the Service Provider. The guest contacts the Service Provider directly. The contract shall be concluded between the guest and the Service Provider upon the guest’s receipt of the booking confirmation issued by the Service Provider.
Booking option “Direct bookings”: In the case of electronic bookings via the internet, the contract between the guest and the Service Provider shall be concluded upon display of a booking confirmation at the end of the booking process. The guest may choose to print the booking confirmation after completing the booking.
Non-binding bookings (i.e. bookings the guest may cancel free of charge) are only possible if the Service Provider confirms this to the guest. Otherwise, with booking options as stated in subsections 2.3 to 2.4, a legally binding contract shall be concluded.
The data disclosed to the Tourist Information are protected according to the applicable legal provisions.
3. Booking changes
Requests for booking changes by the guest are to be made directly to the Service Provider. The implementation of the guest’s request to change a booking depends on the availability of the services to be changed (e.g. vacant rooms when changing travel dates) at the Service Provider.
The Service Provider shall not charge the guest for changing guest names, booking dates and other booked services for otherwise unchanged or extended stays, to the extent that the new travel dates do not fall in a season in which higher prices apply than in the originally booked season.
If a deposit has to be paid to the Service Provider, the guest shall be notified about the amount and due date of the deposit prior to completing the booking.
If no deposit is necessary, payment shall be made directly to the Service Provider upon check-out to the amount specified on the booking confirmation.
The guest may withdraw from the contract by declaration to the Service Provider at any time. The declaration of withdrawal shall be made stating the booking number. The Service Provider’s receipt of the declaration of withdrawal shall be authoritative. The Tourist Information recommends to declare the withdrawal in writing.
In case the guest withdraws from the contract concluded with the Service Provider or does not make use of their booking, the Service Provider shall have the right to charge the guest with the accommodation costs and, if applicable, for any ancillary services agreed upon, after deduction of the amount obtained through re-assigning the service due and the expenses saved. The Service Provider shall deduct from the total price 10% for accommodation without breakfast, 20% for accommodation including breakfast, 30% for accommodation including half board and 40% for accommodation including full board as expenses saved. In case the Service Provider is able to reassign the booked rooms to third-parties, the guest shall not incur any withdrawal charges. The withdrawal charge is due immediately.
The guest remains at liberty to prove that no damage has occurred due to their withdrawal or that it is significantly less than the lump sum demanded by the Service Provider. In this case, the guest shall be obligated to pay the lower costs (or not to pay any costs, if no damage has occurred).
We strongly recommend the guest to take out a travel cancellation insurance.
The Tourist Information merely acts as an agency for third-party services and is not responsible for the proper performance of these third-party services, but shall be responsible for the proper referral of the aforementioned third-party services. The Tourist Information shall not be held liable for any non-performance or malperformance of the referred contract.
The Tourist Information’s liability shall be limited to intent and gross negligence. Liability for slight negligence is excluded. The aforementioned disclaimer of liability shall not apply to injury to life, limb or health.
Claims regarding noncontractual performance of services are to be directed without delay and exclusively to the concerned Service Provider (not the Tourist Information). If the guest culpably fails to report defects, this may void claims by the guest partly or in full. If the details on the booking confirmation do not suffice to identify the Service Provider, the necessary information may be obtained from the Tourist Information.
7. Severability clause
Should any provision contained in these agency terms and conditions be or become invalid, their inapplicability shall not affect the validity of all remaining provisions. The invalid provision shall be replaced by the applicable legal provision.
Legal action against the Tourist Information shall be directed to its registered office. For legal action by the Tourist Information against the guest, the place of residence of the guest shall be authoritative, unless the legal action is brought against registered merchants or persons who have moved their residence or habitual place of abode to another country or whose residence or habitual place of abode is unknown at the at the time that legal action is commenced. In these cases, the registered office of the Tourist Information shall be authoritative.
Tourismus Hörnerdörfer GmbH
Am Anger 15
87538 Fischen i. Allgäu, Germany
Version: April 2013
© Protected by copyright; Lawyer N. Schwarze 2013