The following guest accommodation and mediation conditions apply to the holiday apartment of the Bamberger family, Hauptstraße 35, 55627 Merxheim
GUEST ACCOMMODATION AND MEDIATION CONDITIONS OF THE BAMBERGER FAMILY
The data of the Bamberger family, hereinafter uniformly referred to as "host", in the holiday region Nahe-Glan according to the current offer.
The following conditions will, as far as effectively agreed, become part of the guest accommodation/accommodation contract concluded between the guest and the host in the event of a booking and additionally regulate the contractual relationship between the guest and the host in accordance with the statutory provisions.
Please read these conditions carefully.
1. Position of the BAMBERGER FAMILY; Scope of these guest accommodation conditions
1.1 For all contractual agreements applies:
The BAMBERGER FAMILY is the publisher of the respective internet appearances, corresponding host directories, catalogs, flyers, or other print media and online appearances, as far as they are expressly designated as publisher/operator there.
1.2 The present guest accommodation conditions apply, as far as effectively agreed, for all bookings of accommodations, where the booking basis is the host directory published by the BAMBERGER FAMILY, or for bookings based on the corresponding offers on the internet.
2. Contract conclusion, travel agents, information in hotel guides
2.1 With the booking, the guest, possibly after prior non-binding information from the host about his accommodations and their current availability, makes a binding offer to the host for the conclusion of the guest accommodation contract. The basis of this offer is the description of the accommodation and the supplementary information in the booking basis (e.g., local description, classification explanations), as far as these are available to the guest at the time of booking.
2.2 The guest's booking can be made through all booking methods offered by the host, i.e., orally, in writing, by phone, or by email.
2.3 The contract is concluded with the receipt of the acceptance declaration (booking confirmation) from the host. The acceptance declaration does not require any specific form, so that oral and telephone confirmations are also legally binding for the guest and the host.
2.4 In accordance with the legal obligations, the guest is informed that according to the legal provisions (§ 312g Abs. 2 Satz 1 Ziff. 9 BGB) there is no right of withdrawal for guest accommodation contracts concluded in distance selling (letters, catalogs, phone calls, emails, messages sent via mobile services (SMS), etc.), but only the statutory regulations regarding the non-utilization of rental services (§ 537 BGB) apply.
2.5 As a rule, the host will send a written copy of the booking confirmation to the guest for oral or telephone bookings. However, the legal validity of the guest accommodation contract does not depend on the receipt of the written copy of the booking confirmation in such bookings.
2.6 As far as the host offers the possibility of a binding booking and mediation of the accommodation via electronic contract conclusion through an internet platform, the following applies to this contract conclusion:
a) The online booking process is explained to the customer through appropriate notices. The contract language is exclusively German.
- b) The customer can correct or delete individual details at any time or reset the entire online booking form through a correction option explained to him in the booking process.
- c) After completing the selection of the desired accommodation services and entering his personal data, all data including all essential information on prices, services, booked additional services, and any booked travel insurances are displayed. The customer has the option to discard the entire booking or to redo it.
- d) By confirming the button "book with payment obligation", the customer makes a binding offer to the host for the conclusion of a guest accommodation contract. Therefore, in the event of receipt of a booking confirmation from the host within the binding period, a binding guest accommodation contract with payment obligation is concluded. By making the online booking and confirming the button "book with payment obligation", no claim of the customer to the conclusion of a guest accommodation contract is established. The host is free to accept or reject the customer's contract offer (the booking).
- e) If no booking confirmation is made in real-time, the host will promptly confirm the receipt of the booking to the customer electronically. This receipt confirmation does not yet constitute a booking confirmation and does not establish a claim for the conclusion of the guest accommodation contract according to the customer's booking request.
- f) The guest accommodation contract is concluded with the receipt of the booking confirmation by the customer, which the host sends to the customer in the form specified in the booking process by email or by post.
2.7 If the content of the booking confirmation deviates from the content of the booking, a new offer from the host is present. The contract is concluded on the basis of this new offer if the guest declares acceptance by express declaration, deposit, or final payment or the utilization of the accommodation.
2.8 Travel agents and booking offices are not authorized to make agreements, provide information, or make assurances that change the agreed content of the contract, go beyond the services promised by the host, or contradict the accommodation and service description of the host.
3. Non-binding reservations
3.1 For the guest, non-binding reservations, from which he can withdraw free of charge, are only possible with the corresponding express agreement with the host.
3.2 If no non-binding reservation for the guest has been expressly agreed, the booking according to clause 2. (Contract conclusion) of these conditions generally leads to a legally binding contract for the host and the guest/client.
3.3 If a non-binding reservation for the guest has been agreed, the desired accommodation will be held by the host for booking by the guest until the agreed time. The guest must inform the BAMBERGER FAMILY by this time if the reservation is to be treated as a binding booking for him as well. If this does not happen, the reservation will expire without further notification obligation of the host. If the notification is made in time, a legally binding guest accommodation contract comes into effect with its receipt by the host.
4 Prices and services, rebookings
4.1 The prices stated in the brochure are final prices and include the statutory value-added tax and all ancillary costs, unless otherwise stated regarding the ancillary costs.
4.2 Tourist tax as well as fees for consumption-dependent services (e.g., electricity, gas, water, firewood) and for optional and additional services may be incurred and specified separately.
4.3 The services owed by the host result exclusively from the content of the booking confirmation in connection with the valid brochure or the object description as well as from any additional agreements expressly made with the guest/client. The guest/client is advised to make additional agreements in writing.
4.4 For rebookings (changes regarding the type of accommodation, arrival and departure dates, duration of stay, type of catering, booked additional services, and other additional services), for which there is no legal claim to implementation, the host may charge a rebooking fee of €15 per change process. This does not apply if the change is only minor.
5 Payment
5.1 The due date of the deposit and final payment is determined by the agreement made with the guest or the client and noted in the booking confirmation. If no special agreement has been made, the total accommodation price including the fees for additional services is due for payment to the host at the beginning of the stay.
5.2 The host may require a deposit after the contract is concluded. Unless otherwise agreed in individual cases, it amounts to 50% of the total price of the accommodation service and booked additional services.
5.3 Payments in foreign currencies, credit card payments, and EC card payments and with cash checks are not possible. Payments at the end of the stay are not possible by transfer.
5.4 If the guest does not make an agreed deposit despite a reminder from the host with a deadline or does not make it completely, the host is entitled to withdraw from the contract with the guest, as far as he is himself ready and able to provide the contractual services and as far as there is no legal or contractual right of retention of the guest. These rights do not apply to the host if the guest is not responsible for the payment delay.
6 Withdrawal and non-arrival
6.1 In the event of withdrawal or non-arrival, the host's claim for payment of the agreed accommodation price including the catering portion and the fees for additional services remains.
6.2 The host is obliged, within the framework of his usual business operations, without obligation to make special efforts and taking into account the special character of the booked accommodation (e.g., non-smoking rooms, family rooms) to seek alternative use of the accommodation.
6.3 The host must have an alternative occupancy and, as far as this is not possible, have saved expenses credited.
6.4 According to the percentages recognized by the judiciary for the assessment of saved expenses, the guest or the client must pay the following amounts to the host, each based on the total price of the accommodation services (including all ancillary costs), but without considering any public charges such as tourist tax or visitor's tax:
- For holiday apartments/accommodations without catering 90%
- For overnight stay/breakfast 80%
- For half board 70%
- For full board 60%
6.5 The guest/client expressly reserves the right to prove to the host that his saved expenses are significantly higher than the deductions considered above, or that an alternative use of the accommodation services or other services has taken place. In the event of such proof, the guest or the client is only obliged to pay the correspondingly lower amount.
6.6 The conclusion of a travel cancellation and travel interruption insurance is strongly recommended.
6.7 The withdrawal declaration should be addressed to the BAMBERGER FAMILY for booking technical reasons and should be made in writing in the interest of the guest.
7 Arrival and departure
7.1 The guest's arrival must take place at the agreed time, without special agreement, at the latest by 9:00 PM.
7.2 For later arrivals: The guest is obliged to inform the host at the latest by the agreed arrival time if he arrives late or wants to occupy the booked accommodation only on a following day for multi-day stays. If a timely notification does not occur, the host is entitled to occupy the accommodation otherwise. For the time of non-occupancy, the provisions in clause 6 apply accordingly. If the guest informs of a later arrival, he must pay the agreed remuneration, minus the host's saved expenses according to clauses 6.4 and 6.5, also for the non-utilized occupancy time, unless the host has contractually or legally to be responsible for the reasons for the later occupancy.
7.3 The guest's vacating of the accommodation must take place at the agreed time, without special agreement, at the latest by 10:00 AM on the day of departure. In case of non-timely vacating of the accommodation, the host may demand a corresponding additional payment. The assertion of further damages remains reserved for the host.
8 Customer's obligation to report defects, bringing animals, termination by the host
8.1 The guest is obliged to report any defects and disturbances immediately to the host and demand remedy. If the defect report is culpably omitted, claims of the guest may be entirely or partially forfeited.
8.2 The guest can only terminate the contract in the case of significant defects or disturbances. He must set the host a reasonable deadline for remedy within the framework of the defect report, unless the remedy is impossible, is refused by the host, or the immediate termination is justified by a special, recognizable interest of the guest or is unreasonable for the guest to continue the stay with the Bamberger family for such reasons.
8.3 For bringing pets, the following applies:
No pets are allowed.
Violations against this may entitle the host to extraordinary termination of the guest accommodation contract. An unannounced bringing of pets entitles the host to refuse the occupancy of the accommodation, to terminate the guest accommodation contract, and to charge cancellation fees according to clause 6 of these conditions.
9 Limitation of liability
9.1 The host's liability from the guest accommodation contract according to § 536a BGB for damages that do not result from the violation of an essential obligation, the fulfillment of which enables the proper execution of the guest accommodation contract or whose violation endangers the achievement of the contract purpose or results from the violation of life, body, or health is excluded, unless it is based on intentional or grossly negligent breach of duty by the host or a legal representative or vicarious agent of the host.
9.2 The host's liability for items brought in according to §§ 701 ff. BGB remains unaffected by this regulation.
9.3 The host is not liable for performance disruptions in connection with services that are merely mediated for the guest/client during the stay and are recognizable as third-party services (e.g., sporting events, theater visits, exhibitions, etc.). The same applies to third-party services that are already mediated together with the booking of the accommodation, as far as these are expressly marked as third-party services in the advertisement or the booking confirmation.
10 Limitation period
10.1 Contractual claims of the guest/client against the host from the guest accommodation contract of the BAMBERGER FAMILY from the mediation contract from the violation of life, body, or health including contractual claims for damages based on their negligent breach of duty or an intentional or negligent breach of duty by their legal representatives or vicarious agents expire in three years. This also applies to claims for compensation for other damages based on a grossly negligent breach of duty by the host or the BAMBERGER FAMILY or based on an intentional or grossly negligent breach of duty by their legal representatives or vicarious agents.
10.2 All other contractual claims expire in one year.
10.3 The limitation period according to the above provisions begins at the end of the year in which the claim arose and the guest/client became aware of circumstances that justify the claim and the host, as the debtor, became aware or should have become aware without gross negligence. If the last day of the period falls on a Sunday, a state-recognized public holiday at the place of declaration, or a Saturday, the next working day replaces such a day.
10.4 If negotiations between the guest and the host regarding asserted claims or the circumstances justifying the claim are pending, the limitation period is suspended until the guest or the host refuses to continue the negotiations. The aforementioned limitation period of one year begins at the earliest 3 months after the end of the suspension.
11 Note on alternative dispute resolution facilities; choice of law and jurisdiction
11.1 The host points out in relation to the Consumer Dispute Resolution Act that participation for the host in consumer dispute resolution is not mandatory at the time of publication of these guest accommodation conditions and the host does not participate in voluntary consumer dispute resolution. If consumer dispute resolution would become mandatory for the host, they will inform the guest/consumer in an appropriate manner. The host points out for all contracts concluded in electronic legal transactions to the European Online Dispute Resolution Platform http://ec.europa.eu/consumers/odr/.
11.2 The contractual relationship between the guest or the client and the host is subject exclusively to German law. The same applies to the other legal relationship.
11.3 As far as in permissible lawsuits of the guest or the client against the host abroad, German law is not applied in principle for their liability, the legal consequences, especially regarding the nature, scope, and amount of claims of the guest customer are subject exclusively to German law.
11.4 The guest or the client can only sue the host at their registered office.
11.5 For lawsuits of the host or the client, the residence of the customer is decisive. For lawsuits against guests or clients who are merchants, legal entities under public or private law, or persons who have their residence/business address or usual place of stay abroad, or whose residence/business address or usual place of stay is not known at the time of filing the lawsuit, the registered office of the host is agreed as the place of jurisdiction.
11.6 The above provisions do not apply if and to the extent that applicable, non-disposable provisions of the European Union or other international provisions are applicable to the contract.
Current version: October 2023
