In accordance with other areas of business, room reservations are also subject to legal regulations. Room reservations, arranged by the client either verbally or in writing and accepted by the landlord, form a contractual relationship between both parties known as the accommodation contract. Both contractual partners must adhere to this contract. According to law and jurisdiction, the accommodation contract comprises the following regulations:
1. The accommodation contract is completed as soon as the accommodation provider has confirmed the booking.
2. The host is obliged to make the room available to the guest. Otherwise, the host has to pay compensation.
3. The guest is obliged to pay the agreed or customary price (less any expenses saved by the host) for any unused services that are set out in the contract for the duration of that contract. The following charges apply to unused reserved accommodation: overnight stay with breakfast 80% of the regular price, overnight stay with meals 60% of the regular price, holiday homes 90% of the regular price.
4. The landlord is obliged to act in good faith and not allocate the reserved room to other uses in order to avoid cancellations. The receipt may be allocated with the cancellation-fee.
5. The entry in the list of hosts is in accordance with the particulars of the landlord.
Travel Cancellation Costs
The client is advised take out insurance or a travel package to cover the costs incurred when cancelling travel due to health reasons. Please note the accompanying offer of the European travel insurance. Further information on the accommodation contract can be obtained from the ‘Hotel und Gaststaettenverband’ (DEHOGA).
II. General terms and conditions for the central booking agents via Heilbronn Marketing GmbH
Heilbronn Marketing GmbH is happy to arrange accommodation by written or personal request and by telephone. Heilbronn Marketing GmbH provides this service free of charge to its customers. The tenancy agreement for rooms, holiday homes and private accommodation is made between the client and the host. The legal relationship between the guest and the landlord is bound by the rules of the accommodation contract (see I).
III. General terms of travel for Heilbronn Marketing GmbH package holidays
The following terms of travel apply to package offers and options provided by Heilbronn Marketing GmbH:
1. Completion of the Travel Contract
On booking, the customer provides the tour operator with a binding conclusion of the travel contract. Booking can be made in writing, verbally or by telephone. This is the responsibility of the client, who vouches on behalf of all party members listed on the booking form, that they will uphold all contractual obligations, provided that they themselves have made a separate obligation by way of an express (verbal or written) declaration. The contract comes into effect when it is accepted by the tour operator. The method of acceptance does not rely on any particular form. If the content of the travel confirmation differs from that stated on the booking form, this constitutes a new offer by the tour operator and is binding for the duration of 10 days. The contract is negotiated on the basis of the new offer and is subject to receiving the client’s acceptance within the time specified.
The security certificate (Sicherungsschein) is handed over with the sending and completion of the travel contract according to § 651k BGB. This is a certificate from an insurance company or bank guaranteeing that in the event of a travel operator ceasing to trade, all monies paid will be refunded and the costs of accommodation and return flight will be paid. Payment of the travel price is due, at the latest, on the day of travel. In return, the travel documents are sent out or handed over to the client after payment is received.
Services that are contractually agreed are given in the service descriptions found in the brochure and in the details referenced here that are taken from the travel confirmation. The tour operator reserves the right, in exceptional or unforeseen circumstances, to make changes to the details in the brochure before the completion of the contract. The client will naturally be informed of these changes before booking.
4. Cancellation and changes to the booking by the client
4.1 The client has the right to withdraw from the contract at anytime before travel commences. To declare a withdrawal from a contract, the relevant approach is required. This method depends on the tour operator. The client is advised to make this declaration in writing. The tour operator can demand compensation for the travel provisions agreed or expenses when the client cancels a contract or fails to commence travel. The tour operator can claim this compensation by taking into account the following guidelines concerning the period of notice given when declaring a withdrawal from the contractually agreed start of travel. Cancellation fees are charged on a percentage based relationship to the price of travel. The following regulations apply to options B1 up to B12 and the additional services:
|hotel room||holiday flat|
|up to 21 days prior to arrival||55 %||55 %|
|up to 7 days prior to arrival||65 %||80 %|
|under 7 days prior to arrival||80 %||80 %|
4.2 The tour operator can charge an amendment fee per traveller, by observing the time limits given for modifications to the confirmed booking, for changes made in regard to travel dates, travel destination (arrival location), the accommodation or arranged transportation that fall within the time period of the travel advertisement. Changes made by the client, once the time limit has expired, can be made as long as it is possible to carry out these changes. This is achieved only by withdrawal from the original travel contract as described in point 4.1 and then re-booking. This does not apply to amendments that only incur minor costs.
5. Travel cancellation insurance
The client is urged to take out travel cancellation insurance. Heilbronn Marketing GmbH is willing to arrange this insurance along with the booking for those clients expressing this wish.
6. Cancellation and termination by the tour operator
In the following cases the tour operator can withdraw from the travel contract before travel commences or terminate the contract after the travel commences:
A) Without adherence to a time limit: The contract will be cancelled if the client causes lasting disruption by going ahead with the travel irrespective of dissuasion by the tour operator and if they behave in ways contrary to the contract. If it is cancelled by the tour operator, they retain their right to claim price of travel.
B) Up to 2 weeks before travel commences: When a fixed or regulatory minimum group number specified in the brochure is not met. The operator is obliged to inform the client of the circumstances as soon as they occur and to send a notice of cancellation immediately. The client is automatically refunded the price paid for the travel. If it is obvious at an earlier point in time, that insufficient bookings render the travel unviable, it is the responsibility of the tour operator to inform the client.
7. Limitation of liability
7.1. The contractual liability of the tour operator, for damages other than personal injuries, is limited to three times the price of travel,
A) provided that the damage caused by the client was not intentional or through gross negligence or
B) provided that the damage was caused purely through the fault of a service provider for which the tour operator is responsible for.
7.2 The organiser is not liable for the non-delivery of services by other service providers (e.g. sport events, theatre excursions, exhibitions) and those services that have been identified as such in the travel advertisement.
8. Obligation to co-operate
The client is obligated to report faults and complaints immediately to the local travel management (Heilbronn Marketing GmbH, Marktplatz 11). They will do their best to correct the situation as far as possible. Should the client fail to draw attention to the fault, they forfeit the right for compensation.
9. Exemption from claims and limitation
The client has within one month after the contractual termination of the travel to make any claims against the tour operator for the non-delivery of contractual services. After this period claims can only be accepted if the delay was caused by circumstances beyond the client’s control. Claims come under the statute of limitations in six months. This time limitation begins on the day that the travel was to end according to the contract. Limitation of such claims asserted by the client is delayed until the day that the tour operator rejects the claim in writing. Claims in tort are subject to the statute of limitations in three years.
10. Invalidity of individual terms
The invalidity of individual terms in the travel contract does not give rise to invalidity of the entire travel contract.
The client can only sue the operator at their place of residence. Claims by the tour operator against the client depend on the client’s place of residence, unless the claims are directed against a company or persons who do not have jurisdiction inland, have changed their place of residence after the contract had been issued or their place of residence is unknown. In such cases all proceedings are within the jurisdiction of the operator’s place of residence.
Heilbronn Marketing GmbH