The following terms and conditions shall, as far as effectively agreed upon, become the content of the guest accommodation contract which is concluded between the guest and the accommodation establishment – hereinafter abbreviated to "ACC" – in the event of a booking.
- Vioma GmbH's position
Vioma GmbH is only responsible for the technical operation of the CST Pro booking system. It is neither a contractual partner of the guest in the case of a booking nor a travel agent. They are therefore not liable for the information provided by the ACC, services and deficiencies in performance with regard to the services to be provided by the ACC
- Conclusion of contract
2.1. With the booking (according to Section 2.2), the guest offers the ACC the conclusion of a binding guest accommodation contract. The basis of this offer is the description of the accommodation and the additional information in the booking basis (e.g. description of the location, classification explanation) as far as these are available to the customer.
2.2. The booking of accommodation offers in the DIRS21 booking system can only be made electronically by filling in and sending the booking form.
2.3. The contract is concluded with the receipt of the electronic booking confirmation by the person making the booking. Another, in particular written booking confirmation will not be issued.
- Prices and services, price increases
3.1. The prices stated are final prices and include the statutory value added tax and all incidental costs, unless otherwise stated with regard to incidental costs. They are valid per room, in the event of package deals per person. Visitor's taxes or tourism taxes as well as charges for services billed according to consumption (e.g. electricity, gas, water, firewood) and for optional and additional services may be incurred and shown separately.
3.2. The services owed by the ACC result exclusively from the content of the booking confirmation in conjunction with the valid property description shown in the booking portal and the information on services there. The ACC's comfort and amenities and the booked accommodation. Deviating descriptions of the ACC, its amenities and services as well as the booked accommodation in the ACC's hotel brochures, host directories or other documents are not decisive for the ACC's obligation to perform if no express reference is made to them on the offer page as service content.
3.3. The ACC can demand a rebooking fee of €15 per change for rebookings (changes regarding arrival and departure dates, length of stay, type of catering, for booked additional services and other supplementary services), for which no legal claim exists. This shall not apply if the change is only minor.
4.1. The due date of the down payment and final payment is based on the information in the offer and the information referring to it in the booking confirmation. If nothing special is noted there, the entire accommodation price including the fees for incidental costs and additional services is due for payment at the end of the stay and must be paid to the ACC.
4.2. Payments in foreign currencies and by crossed cheque are not possible. Credit card payments are only possible if this is indicated or is generally offered by the ACC by displaying notices. Payments at the end of the stay by bank transfer are not possible.
- Cancellation and no-show
5.1. In the event of cancellation, the ACC's claim to payment of the agreed price of the stay, including the share of the catering and the fees for additional services, shall remain in force.
5.2. The ACC must endeavour to use the accommodation for other purposes within the scope of its normal business operations, without any obligation to make special efforts and taking into account the special character of the accommodation (e.g. non-smoking rooms, family rooms).
5.3. The ACC must have other occupancy and, insofar as this is not possible, saved expenses credited.
5.4. In accordance with the percentages recognised by case law for the assessment of saved expenses, the guest or the client must pay the following amounts to the accommodation establishment, in each case related to the total price of the accommodation services (including all incidental costs), but without any public charges taking into account, such as tourism tax or visitor's tax:
- For holiday apartments/accommodation without board 90%
- For overnight stays/breakfast 80%
- With half board 70%
- With full board 60%
5.5. The guest/client shall expressly reserve the right to prove to the ACC that their saved expenses are considerably higher than the deductions taken into account above or that the accommodation services have been used for other purposes. In the event of such proof, the guest or the client is only obliged to pay the correspondingly lower amount.
5.6. Taking out travel cancellation insurance is highly recommended.
5.7. The notice of cancellation must be addressed exclusively to the ACC directly. Cancellations via the booking portal or a local tourist information office are not possible.
The customer's obligations, termination by the ACC
6.1. Unless otherwise agreed, the accommodation can only be used by the guest for whom it was booked.
6.2. The guest is obliged to treat the accommodation and its facilities as well as all the accommodation establishment's facilities only in accordance with the regulations, if available (e.g. swimming pool and sauna) according to the usage regulations and in general with care.
6.3. The guest is obliged to report any defects and disturbances that occur to the ACC immediately and to demand remedy. If the guest is culpable of not providing notification of defects, the guest's claims may be rendered totally or partially invalid.
6.4. The guest can only terminate the contract in the event of significant defects or disturbances. The guest must set the ACC a reasonable period of time to remedy the defect within the scope of the notification of defects, unless the remedy is impossible, is refused by the ACC or immediate termination is objectively justified by the guest's interest that is recognisable to the ACC or the continuation of the stay is unreasonable for such reasons.
6.5. Pets may only be taken along and accommodated at the accommodation in case of an express agreement to this effect, if the ACC provides for this possibility in the advertisement. Within the scope of such agreements, the guest is obliged to provide truthful information about the type and size. Violations of this may entitle the ACC to the extraordinary termination of the guest accommodation contract.
6.6. The ACC can terminate the guest accommodation contract without notice if the guest, despite a warning from the ACC, persistently disrupts the ACC's business or the performance of the stay or if the guest behaves contrary to the contract to such an extent that the immediate cancellation of the contract is justified. If the ACC terminates the tour operator, the provisions in Section 6 shall apply accordingly to the ACC's claim for payment.
7.1. The ACC's contractual liability for damages that are not physical injuries is limited to three times the price of the stay if the damage to the guest is not caused by the ACC intentionally or due to gross negligence or if the ACC is responsible for the guest's damage solely due to the fault of a vicarious agent.
7.2. The ACC's proprietor's liability for items brought in according to Articles 701 et seqq. BGB (German Civil Code) remains unaffected by this regulation.
7.3. The ACC shall not be liable for disruptions to services in the context of services that are recognisable to the guest/client during the stay as merely being arranged as external services (e.g. sports events, theatre visits, exhibitions, etc.). The same applies to external services which are already arranged at the time of booking the accommodation, as far as these are explicitly marked as external services in the advertisement or the booking confirmation.
- Limitation period
8.1. The guest's claims against the ACC arising from the accommodation contract, regardless of the legal grounds, but with the exception of the guest's claims arising from unlawful acts, shall become time-barred after one year.
8.2. The limitation period begins at the end of the year in which the claim arose and the guest becomes aware of circumstances that justify the claim and the ACC becomes aware of them or should become aware of them without gross negligence as the liable party.
8.3. If negotiations are pending between the guest and the ACC regarding claims asserted or the circumstances substantiating the claim, the limitation period is
- Governing law and place of jurisdiction
9.1. The contractual relationship between the guest or the client and the ACC shall be governed exclusively by German law. The same applies to the other legal relationship.
9.2. The guest may only sue the ACC at its registered office.
9.3. The client's place of residence shall be decisive for actions brought by the ACC against the guest or the client. For legal actions against guests or clients who are merchants, legal entities under public or private law or persons who have their residence/business location or usual place of residence abroad, or whose residence/business location or usual place of residence is not known at the time the action is filed, the place of jurisdiction shall be the ACC's registered office.
9.4. The above provisions shall not apply if and to the extent that European Union provisions or other international provisions are applicable to the contract that are mandatory.
© These terms and conditions are protected by copyright; Rechtsanwalt Noll, Stuttgart, 2006