Terms and conditions
Dear English guests, the following translation of the terms and conditions is simply provided as a service to ensure you have better understanding. In legal terms, only the German version is decisive.
- Travel conditions
- Guest hosting and agency conditions
- Form sheet containing information for package tour travellers in accordance with §651 of the German Civil Code
The following travel conditions apply to all-inclusive packages that Eifel Tourismus (ET) GmbH offers at www.eifel.info/en
We kindly ask that you carefully read the following Conditions of Travel for package deals. These Conditions of Travel shall, provided they are valid and included, become part of the travel contract which you - hereinafter referred to as "traveller" or "Customer" - conclude with Eifel Tourismus (ET) GmbH, hereinafter abbreviated to "ET", as the tour operator. These Conditions of Travel apply exclusively to the package deals from ET. They do not apply to the procurement of third-party services (such as guided tours and admission tickets) nor to contracts for accommodation services or their procurement. They supplement the legal provisions of Sections 651a - y BGB (German Civil Code) and Articles 250 and 252 of the EGBGB (Introductory Act to the German Civil Code) and complement them:
1. Conclusion of the contract
1.1 Upon placement of the booking (travel registration), which can be made verbally, by telephone, in writing, by fax or by e-mail, the Customer makes ET an offer for the conclusion of a binding travel contract. Forming the basis of his offer are the travel description, these Conditions of Travel and all supplementary information forming the basis of the booking (catalogue, host directory, Internet), as far as these are available to the Customer.
1.2 The travel contract is concluded upon the receipt of the travel confirmation (declaration of acceptance) by the tour operator. Upon or immediately after conclusion of the contract, the tour operator will send the Customer a travel confirmation whose contents correspond to statutory requirements on a permanent data storage medium (which enables the customer to keep or store the declaration unchanged in such a way that it is accessible to him for a reasonable period of time, e.g. on paper or by e-mail), provided that the customer is not entitled to a travel confirmation in paper form pursuant to Article 250 Section 6 (1) sentence 2 EGBGB because the conclusion of the contract took place in the simultaneous physical presence of both parties or outside of business premises.
1.3 In cases where ET offers the possibility of a binding booking by way of electronic conclusion of a contract via an Internet platform, the following applies to this conclusion of contract:
a) The online booking process is to be explained to the Customer via appropriate instructions. German is the only available language for the contract.
b) The Customer can correct or delete individual details or reset the entire online booking form at any time by means of a correction option that is explained to him as part of the booking process.
c) After completing the selection of the travel services desired by the Customer and the entry of his personal data, the entirety of the data, including all essential information on prices, services, additional services booked, along with any travel insurance selected, is to be displayed. The Customer will have the option to cancel the entire booking or to create a new one.
d) By pressing the button "Confirm booking and pay", the Customer makes ET a binding offer for the conclusion of a travel contract. The pressing of this button therefore leads to the conclusion of a travel contract that will need to be paid for upon receipt of a booking confirmation from ET. Placing the online booking and pressing the button "Confirm booking and pay" does not establish an entitlement on the part of the Customer to the conclusion of a travel contract. ET is free to accept or decline the contractual offer (the booking) from the Customer.
e) If no booking confirmation is provided in real time, ET shall confirm the receipt of the booking by sending an electronic notification to the Customer without delay. This confirmation of receipt does not constitute a booking confirmation and does not constitute an entitlement to the conclusion of the travel contract according to the desired booking from the Customer.
f) The travel contract is entered into upon the receipt of the booking confirmation by the Customer, which ET sends to the Customer in the form specified in the booking process by e-mail, fax or post.
1.4 If the booking confirmation from ET differs from the Customer's booking, this constitutes a new offer from ET, to which it is bound for 7 days from the date of the booking confirmation. The contract is concluded on the basis of this new offer if the Customer declares the acceptance of this offer by explicit declaration, down payment or payment of the balance. The same applies if ET has made the Customer an offer in text form for a flat rate.
1.5 The pre-contractual information provided by ET regarding essential characteristics of the travel services, the tour price and all additional costs, the payment arrangements, the minimum number of participants and the cancellation fees (in accordance with Article 250 Section 3 nos. 1, 3 to 5 and 7 EGBGB) will only not become part of the package tour contract if this has been expressly agreed upon between the parties.
1.6 ET points out that according to the statutory provisions (Sections 312 (7), 312g (2) sentence 1 no. 9 BGB (German Civil Code)), there is no right of withdrawal for package tour contracts pursuant to Section 651a and § 651c BGB which were concluded in distance selling (letters, catalogues, telephone calls, telex, e-mails, messages sent via mobile phone service (SMS) as well as radio, telemedia and online services), but instead only the legal rights of withdrawal and termination, in particular the right of withdrawal pursuant to Section 651h BGB (see also Section 8). However, a right of withdrawal exists if the contract for travel services pursuant to § 651a BGB has been concluded outside of business premises.
2.1 The services owed by ET result exclusively from the content of the booking confirmation in conjunction with the advertised details for the respective package deal on which it is based and in accordance with all the information and explanations contained in the basis for the booking.
2.2 Travel agents and service providers, in particular accommodation providers, are not authorised by ET to give assurances or to make agreements which go beyond the travel advertisement or the booking confirmation or which contradict them or which modify the confirmed contents of the travel contract.
2.3 Information in hotel guides, brochures and similar directories, in particular also in the in-house brochures of the accommodation hosts, which are not published by ET, are not binding for ET and its performance obligations, unless they were made part of the performance obligations of the host via an express agreement with the guest.
3. Down payment / payment of balance
3.1 Tour operators and travel agents may only demand or accept payments for the tour price before the end of the package tour if a valid Customer funds insurance contract exists and the Customer has been issued the insurance certificate with the name and contact details of the customer funds insurer in a clear, understandable and highlighted manner. After conclusion of the contract (receipt of the booking confirmation) and after handing over a security certificate, a deposit is to be paid, which will be credited to the travel price. It amounts, unless otherwise agreed upon and specified in the booking confirmation in individual cases, to 20% of the tour price.
3.2 The payment of the balance is due (...) days before the start of the tour if no other payment date has been agreed upon in individual cases, the security certificate has been issued, and it is certain that the tour can no longer be cancelled for the reasons mentioned in Section 8 of these Terms. For bookings less than (...) days before the start of the trip, the entire tour price is payable immediately.
3.3 Notwithstanding the provision in Sections 3.1 and 3.2, the obligation to issue a security certificate shall not apply if the contractual services do not include transportation from and to the holiday destination and it is agreed and noted in the booking confirmation that the entire tour price is only payable on-site after the end of the trip (end of the package tour).
3.4 As far as no contractual or legal right of withdrawal for the Customer exists and ET is willing and able to provide the contractual services, the following applies:
a) If the traveller does not pay the deposit or the balance of the tour price or does not pay it completely on the agreed dates when the conditions of payability are met, ET is entitled to withdraw from the contract after a reminder with a deadline and to bill the traveller for withdrawal costs as set out in Section 4 of these Terms. ET is not entitled to these rights if the traveller is not responsible for the delay in payment.
b) Without full payment of the tour price, the Customer has no entitlement to the use of the travel services or the handing over of the travel documents.
4. Withdrawal by the Customer, rebooking
4.1 The Customer can withdraw from the trip at any time up until the start of the trip. To avoid misunderstandings, it is recommended that the withdrawal be declared in text form. The key date is the day of receipt of the declaration of withdrawal by ET or the travel agent.
4.2 If the Customer withdraws before the start of the tour or does not commence the tour, ET loses its claim to the tour price. Instead, ET can demand an appropriate compensation, provided that ET is not responsible for the withdrawal. ET may not claim compensation if unavoidable, extraordinary circumstances occur at or in the immediate vicinity of the place of destination which significantly affect the performance of the package tour or the transport of persons to the destination; circumstances are unavoidable and extraordinary if they are not under the control of ET and their consequences could not have been avoided even if all reasonable precautions had been taken .
4.3 The amount of compensation is determined by the tour price less the value of the expenses saved by ET and less what ET acquires through other use of the travel services, which must be justified by the tour operator upon request by the Customer. The tour operator has determined the following compensation lump sums taking into account the period between the declaration of withdrawal and the start of the tour as well as taking into account the expected savings of expenses and the expected takings through other use of the travel services. The compensation will be calculated according to the time of receipt of the declaration of withdrawal as follows, with the respective cancellation scale:
Up to the 31st day before start of the trip 10 % of the tour price
From the 30th to the 21st day before start of the trip 20 % of the tour price
From the 20th to the 12th day before start of the trip 30 % of the tour price
From the 11th to the 3rd day before start of the trip 70 % of the tour price
From the 3rd day before start of the trip and no-show 90 % of the tour price
4.4 Taking out travel cancellation insurance as well as insurance to cover repatriation costs in case of accident or illness is strongly recommended.
4.5 The Customer has the right to prove to ET that no costs or significantly lower costs than the aforementioned flat rates have been incurred by ET. In this case, the Customer is only obliged to pay the lower costs.
4.6 A compensation lump sum as set out in Section 4.3. shall be deemed not to have been determined and agreed upon if ET proves that ET has incurred significantly higher expenses than the calculated amount of the lump sum as set out in Section 4.3. In this case, ET shall be obliged to concretely quantify and justify the compensation claimed, taking into account the expenses saved and the takings from any other use of the travel services.
4.7 If, at the request of the Customer, changes are made after conclusion of the contract with regard to the travel date, accommodation, type of catering or other services (rebooking), ET may, without any legal claim existing on the part of the customer to the performance of the rebooking and only to the extent that this is at all possible, charge a rebooking fee of € (...).00 up to the 32nd day before the start of the trip. Later rebooking is only possible via withdrawal from the travel contract and a new booking in accordance with the aforementioned withdrawal conditions. This does not apply to rebooking requests that incur only minor costs.
4.8 If ET is obliged to refund the tour price as a result of a withdrawal, Section 651h (5) BGB remains unaffected.
4.9 The statutory right of the Customer to demand from ET, in accordance with Section 651 e BGB (German Civil Code), by notification on a permanent data storage medium, that a third party enters into the rights and obligations of the package tour contract instead, remains unaffected by the above conditions. Such a declaration shall in all cases be considered timely if it is received by ET 7 days before the start of the trip.
5. Obligations of the traveller, (notification of defects, termination)
5.1 The traveller shall undertake to immediately notify ET of any defects that may occur and to demand remedy. Claims of the traveller shall only then not become void if the traveller fails to make a complaint incumbent on him through no fault of his own. However, the traveller can also bring the notification of defects to the attention of the travel agent through which he booked the trip. A notice of defects addressed to the service provider, in particular to the accommodation company, is insufficient.
5.2 If the trip is significantly impacted as a result of a defect in the travel service or if the traveller cannot reasonably be expected to undergo the trip as a result of such a defect for good cause which is recognisable to ET, the traveller may terminate the travel contract in accordance with the statutory provisions (Section 651l BGB). If a Customer/traveller wishes to cancel the package tour contract due to a defect in the travel services of the kind described in Section 651i (2) BGB, provided it is substantial, pursuant to Section 651l BGB, he is to set the tour operator an appropriate grace period for correcting this defect beforehand. This only does not apply if the tour operator refuses to perform the remedy or if immediate remedy is necessary.
5.3 The traveller is to assert claims pursuant to Section 651i (3) nos. 2, 4–7 BGB (German Civil Code) against ET at the following address in the event of provision of the travel services that does not comply with the contract. The assertion can also be made through the travel agent if the trip was booked through this travel agent. The contractual claims listed in Section 651 i (3) BGB expire in two years. The statute of limitations begins with the day on which the trip should end according to the contract. An assertion in text form is strongly recommended.
6. Special obligations of the traveller for packages with medical services, spa treatments, and wellness offers
6.1 In the case of packages which include medical services, spa treatments, wellness offers or comparable services, it is the responsibility of the traveller to inform himself before placing the booking, before commencing the trip, and before making use of the services as to whether the corresponding treatment or services are suitable for him, taking into account his personal health disposition, especially any existing complaints or illnesses.
6.2 In this regard, without an express agreement, ET does not owe any special medical information or instruction about the consequences, risks and side effects of such services. This relates in particular to medical information or instruction tailored to the respective traveller.
6.3 The above provisions shall apply regardless of whether ET is only an agent of such services or whether they are part of the travel services.
7.1 The contractual liability of ET for damages which do not result from the violation of an essential obligation, the fulfilment of which makes the proper execution of the contract possible in the first place, or the violation of which endangers the achievement of the purpose of the contract or which result from injury to life, body or health and which are not culpably caused, is limited to three times the tour price,
7.2 ET shall not be liable for information and service disruptions in connection with services that are not main services which were contractually agreed upon and are not part of the package deal of ET and are recognisable to the Customer and are described in the travel description or the booking confirmation and with the identity and address of the procured contractual partner as external services, or are merely procured during the stay as external services (e.g. spa and wellness services, sports events, theatre visits, exhibitions, excursions, etc.). Sections 651b, 651c, 651w and 651y BGB remain unaffected by this.
7.3 Insofar as services such as medical services, therapy services, massages or other curative treatments or services are not part of the package deal offered by ET and are merely procured by ET in addition to the booked package according to Section 7.2, ET shall not be liable for the provision of services or for personal injury or damage to property. As far as such services are part of the travel services, ET shall not be liable for a healing or curative success. Sections 651b, 651c, 651w and 651y BGB remain unaffected by this.
8. Withdrawal by ET due to failure to reach the advertised minimum number of participants
8.1 ET may, if the minimum number of participants is indicated in the specific tour description for a particular tour or in a general note in the travel brochure for all tours or in the tours specified therein, in the event that this minimum number of participants is not reached, withdraw from the travel contract up to (...) days/weeks before the start of the tour, in cases where ET
a) has, in the respective pre-contractual information, specified the minimum number of participants and the time by which the Customer must have received the declaration before the contractually agreed start of the trip at the latest, and
b) states the minimum number of participants and the latest cancellation deadline in the travel confirmation.
8.2 Cancellation must be declared to the Customer at the latest on the day specified to the Customer in the pre-contractual information and the travel confirmation. Should it already become apparent at an earlier point in time that the minimum number of participants cannot be reached, the tour operator must immediately exercise his right of withdrawal.
8.3 In case of withdrawal by ET, the Customer shall be refunded payments made towards the tour price without delay, but in any case within 14 days after receipt of the withdrawal notice.
9. Services not used
If the traveller does not utilise individual travel services which ET was willing and able to provide in compliance with the contract, for reasons attributable to the traveller, the traveller is not entitled to a proportional refund. ET shall, however, if the amounts involved are not entirely minor, endeavour to obtain a refund from the service provider and refund corresponding amounts to the Customer as soon as and to the extent that the individual service providers have actually refunded them to ET.
10. Special provisions relating to pandemics (in particular the Corona virus)
10.1 The Parties agree that the travel services agreed upon shall always be provided by the respective service providers in compliance with and in accordance with the official regulations and requirements applicable at the respective time of travel.
10.2 The traveller agrees to observe appropriate regulations or restrictions on use of the service providers when using travel services and to inform the travel guide and the service provider immediately in the event of typical symptoms of illness.
11. Information on alternative dispute resolution facilities; agreement on governing law and place of jurisdiction
11.1. With regard to the law on consumer dispute settlement, ET hereby indicates that ET shall not participate in any voluntary consumer dispute settlements. If consumer dispute settlements become obligatory for ET, ET shall inform the consumers of this in a suitable format. ET refers to the European online dispute resolution platform http://ec.europa.eu/consumers/odr/ for all contracts concluded in electronic commerce.
11.2. For travellers who are not nationals of a member state of the European Union or Swiss citizens, the exclusive validity of German law is agreed upon for the entire legal and contractual relationship between the traveller and ET. Such travellers can bring suit against ET exclusively at its registered office.
11.3. For suits brought by ET against travellers or contractual partners of the travel contract who are merchants, legal entities under public or private law or persons who have their residence or habitual abode abroad, or whose residence or habitual abode is unknown at the time the suit is brought, the registered office of ET is hereby agreed upon as the place of jurisdiction.
The following guest hosting and agency conditions apply to contracts for accommodation with hosts in the Eifel and Eifel Tourismus (ET) GmbH acting as an agent.Eifel Tourismus GmbH, hereinafter abbreviated to "ET", procures accommodation from hosts and private landlords (hotels, guesthouses, pensions, private rooms and holiday apartments), hereinafter uniformly referred to as "hosts", in (municipality/region) corresponding to the current offerings. The following Conditions shall, as far as they are effectively agreed upon, become the content of the guest accommodation contract between the guest and the host in the case of a booking and, in addition to statutory regulations, govern the contractual relationship between the guest and the host and the procurement activities of ET. Hence, please read through these Conditions carefully.
1. Status of ET; scope of these Guest Accommodation Conditions
1.1. The following applies to all contracts concluded:
a) ET is the operator of the respective Internet presences or the publisher of corresponding host directories, catalogues, flyers or other print media and online presences, insofar as it is expressly designated there as the publisher/operator.
b) As far as ET procures services of the hosts (accommodation, meals and additional services of the hosts themselves), which do not constitute a substantial part of the total value of the services of the host and neither represent a substantial characteristic of the service range of the host or ET itself, nor are advertised as such, ET only has the status of an agent.
c) ET has, as an intermediary, the status of an agent or provider of associated travel services, provided that, according to the statutory provisions of Section 651w BGB, the prerequisites apply for ET to offer associated travel services.
d) Notwithstanding the obligations of ET as a provider of associated travel services (in particular the handing over of the legally required form and implementation of the securing of customer funds in the case of collection activity on the part of ET) and the legal consequences in case of non-fulfilment of these legal obligations, ET is, in the event of the prerequisites as set out in b) or c) being met, neither a tour operator nor a contractual partner of the guest accommodation contract that comes into effect in the case of a booking. It is therefore not liable for the information provided by the host regarding prices and services, for the provision of the services themselves or for defects in the service.
1.2. The present Guest Accommodation Conditions apply, provided they were effectively agreed upon, to all bookings of accommodations where the basis for the booking is the host directory published by the ET, or for bookings based on the corresponding offers on the Internet.
1.3. The hosts reserve the right to agree with the guest in individual cases on other terms of guest accommodation or provisions that deviate from or supplement the following Guest Accommodation Conditions.
2. Conclusion of contract, travel agent, information in hotel guides
2.1 By placing the booking, the guest, where applicable after prior non-binding information from the host about his accommodation and its current availability, offers the host the conclusion of the guest accommodation contract in a binding manner. The basis of this offer is the description of the accommodation and the additional information in the basis of the booking (e.g. description of the location, 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 via all booking methods offered by the host, i.e. orally, in writing, by telephone, by fax or by e-mail.
2.3 The contract is concluded upon receipt of the declaration of acceptance (booking confirmation) from the host or ET as his representative. The declaration of acceptance does not require a specific form, such that verbal 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 statutory regulations (Section 312g (2) sentence 1 no. 9 BGB), there is no right of withdrawal for guest accommodation contracts that were concluded in distance selling (letters, catalogues, telephone calls, e-mails, messages sent via mobile phone service (SMS) or similar), but instead only the legal provisions regarding the non-utilisation of rental services (Section 537 BGB) (see also Section 6. of these Guest Accommodation Conditions). A right of withdrawal exists, however, if the guest accommodation contract has been concluded outside of business premises.
2.5 As a rule, the host will send a written copy of the booking confirmation to the guest in case of oral or telephone bookings. However, the legal validity of the guest accommodation contract for such bookings does not depend on the receipt of the written copy of the booking confirmation.
2.6 As far as the host or ET as his agent offers the possibility of a binding booking and procurement of the accommodation by way of electronic conclusion of a contract via an Internet platform, the following applies to this conclusion of contract:
a) The online booking process is to be explained to the Customer via appropriate instructions. German is the only available language for the contract.
b) The Customer can correct or delete individual details or reset the entire online booking form at any time by means of a correction option that is explained to him as part of the booking process.
c) After completing the selection of the accommodation services desired by the Customer and the entry of his personal data, the entirety of the data, including all essential information on prices, services, additional services booked, along with any travel insurance selected, is to be displayed. The Customer will have the option to cancel the entire booking or to create a new one.
d) By pressing the button "Confirm booking and pay", the Customer makes the host a binding offer for the conclusion of a guest accommodation contract. The pressing of this button therefore leads to the conclusion of a guest accommodation contract that will need to be paid for upon receipt of a booking confirmation from the host or ET as the agent within the binding period. Placing the online booking and pressing the button "Confirm booking and pay" does not establish an entitlement on the part of the Customer to the conclusion of a guest accommodation contract. The host is free to accept or decline the contractual offer (the booking) from the Customer.
e) If no booking confirmation is provided in real time, the host or ET as the agent shall confirm the receipt of the booking by sending an electronic notification to the Customer without delay. This confirmation of receipt does not constitute a booking confirmation and does not constitute an entitlement to the conclusion of the guest accommodation contract according to the desired booking from the Customer.
f) The guest accommodation contract is entered into upon the receipt of the booking confirmation by the Customer, which the host or ET as the agent sends to the Customer in the form specified in the booking process by e-mail, fax or post.
2.7 If the content of the booking confirmation differs from the content of the booking, this constitutes a new offer from the host. The contract is concluded on the basis of this new offer if the guest declares acceptance by explicit declaration, down payment or payment of the balance, or the use of the accommodation.
2.8 Travel agents and booking offices are not authorised to enter into agreements, provide information or make assurances that change the agreed-upon content of the contract, exceed the services contractually promised by the host, or which contradict the accommodation and service description of the host.
2.9 Information in hotel guides and similar directories which are not published by ET or the host are not binding for the host and his performance obligations, unless they have been made part of the host's performance obligations via express agreement with the guest.
3. Non-binding reservations
3.1 Reservations that are not binding for the guest, from which he can withdraw free of charge, are only possible with the corresponding express agreement with ET or the host.
3.2 If no reservation that is not binding for the guest has been expressly agreed upon, then placing the booking as set out in Section 2 (Conclusion of contract) of these Conditions will generally result in a legally binding contract for the host and the guest/client.
3.3 If a non-binding reservation for the guest has been agreed upon, the desired accommodation will be kept available by the host with binding effect for the booking by the guest until the time agreed upon. The guest must inform ET or the host by this time if the reservation is to be treated as a binding booking for the guest. If this does not happen, the reservation is cancelled without further notification obligations on the part of ET or the host. If the notification is made in due time, a legally binding guest accommodation contract for the host and the guest comes into effect upon receipt by the host.
4. Prices and services, rebooking
4.1. The prices specified in the brochure are final prices and include statutory VAT and all additional costs, unless stated otherwise with regard to the additional costs. Tourism taxes may be incurred and specified separately, as well as fees for services charged according to consumption (e.g. electricity, gas, water, firewood) and for optional and additional services.
4.2. The services owed by the host result exclusively from the content of the booking confirmation in conjunction with the valid brochure or the property description, as well as from any supplementary agreements expressly made with the guest/client. The guest/client is advised to make supplementary agreements in writing.
4.3. For the performance of rebookings (changes regarding the type of accommodation, arrival and departure dates, length of stay, type of catering, additional services booked and other supplementary services), for which no legal entitlement exists, the host may charge a rebooking fee of €15 per change. This does not apply if the change is only minor in nature.
5.1 The due date of deposit and balance payments depends on the arrangements made with the guest or the client and noted in the booking confirmation. If no special agreement has been made, the entire accommodation price including the fees for additional costs and services is due for payment at the end of the stay and must be paid to the host.
5.2 The host may require a down payment after conclusion of the contract. Unless otherwise agreed upon in individual cases, it shall amount to 15% of the total price of the accommodation and additional services booked.
5.3 Payments in foreign currencies and by crossed cheques are not possible. Credit card payments and girocard payments are only possible if this has been agreed upon or is generally offered by the host via a posted notice. Payments at the end of the stay are not possible by bank transfer.
5.4 If the guest fails to make a down payment agreed upon or does not make it in full despite a reminder from the host with a grace period, the host is entitled to withdraw from the contract with the guest and to charge the guest for withdrawal costs as set out in Section 6 of these Conditions, provided that the host is willing and able to provide the contractual services himself and provided that the guest has no legal or contractual right of retention. The host is not entitled to these rights if the guest is not responsible for the delay in payment.
6. Withdrawal and no-show
6.1 In the event of a withdrawal or a no-show, the host continues to be entitled to payment of the price of the stay agreed upon, including the amount for meals and fees for additional services.
6.2 The host must attempt to otherwise make use of the accommodation in the course of its normal business activities, without any obligation to make a special effort and taking into account the specific character of the accommodation booked (e.g. non-smoking room, family suite).
6.3 The host shall have any other occupancy and, if this is not possible, any expenses saved credited.
6.4 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 host, in each case based on the total price of the accommodation (including all ancillary costs), but without taking into account any public levies such as a tourist tax or visitor's tax:
• For holiday apartments/accommodation without catering 90%
• For overnight stays with breakfast 80%
• For half board 70%
• For full board 60%
6.5 The guest/client explicitly retains the right to provide proof to the host that the expenses saved are significantly higher than the deductions taken into account or that other use of the accommodation or other services has taken place. If such proof is provided, the guest/client only needs to pay the appropriate lower amount.
6.6 Taking out travel cancellation and travel interruption insurance is strongly recommended.
6.7 The declaration of withdrawal is to be addressed to ET (not to the host) for technical booking reasons and should be made in writing in the interest of the guest.
7. Arrival and departure
7.1 The guest must arrive at the agreed time – without a special agreement no later than by 6 p.m.
7.2 The following applies for later arrivals:
The guest must inform the host no later than by the agreed time of arrival that he will be arriving late or, in the case of stays lasting multiple days, will only be occupying the booked accommodation on a subsequent day.
If timely notification is not given, the host shall have the right to otherwise allocate the accommodation. For the period where the accommodation is not occupied, the provisions in Section 6 apply accordingly.
If the guest provides notification of late arrival, he must pay the remuneration agreed upon, less the expenses saved by the host as set out in Sections 6.4 and 6.5, also for the unused occupancy time, unless the host is contractually or legally responsible for the reasons for the later occupancy.
7.3 The accommodation must be vacated by the guest at the agreed time – without a special arrangement no later than by 12 a.m. of the day of departure. If the accommodation is not vacated on time, the host may demand appropriate additional remuneration. The host reserves the right to assert further claims for losses.
8. Obligation of the Customer to report defects, bringing of animals, termination by the host
8.1 The guest is obligated to notify the host immediately of any defects and malfunctions that occur and to demand remedy. A notification of defects which is only made to ET is not sufficient. If the notification of defects is culpably omitted, the guest's claims may be entirely or partially void.
8.2 The guest may only terminate the contract in the event of significant defects or disruptions. The guest must first set the host a reasonable grace period in the defect notice to take remedial action, unless remedial action is impossible or is refused by the host or if immediate termination is objectively justified by a special interest of the guest which is recognisable for the host or if for such reasons the guest objectively cannot be reasonably expected to continue his stay.
8.3 For the bringing of animals, the following applies:
Guests are only permitted to bring pets into the accommodation and accommodate them in it if the host states that such a possibility exists in its advertisement and an explicit arrangement has been made in this respect.
In making such an arrangement the guest must provide accurate information on the type and size of the pet.
Any breaches of this obligation may entitle the host to terminate the guest accommodation contract by way of extraordinary termination.
An unannounced bringing along of pets or incorrect information about type and size entitles the host to refuse to provide the accommodation, to cancel the guest accommodation contract and to charge cancellation costs as set out in Section 6 of these Conditions.
9. Limitation of liability
9.1 The liability of the host arising from the guest accommodation contract pursuant to Section 536a BGB for damages which do not result from the violation of an essential obligation, the fulfilment of which makes the proper execution of the guest accommodation contract possible in the first place, or the violation of which endangers the achievement of the purpose of the contract or which result from injury to life, body or health, is excluded, unless they are based on an intentional or grossly negligent breach of duty by the host or a legal representative or vicarious agent of the host.
9.2 Any proprietor's liability of the host for property brought into the accommodation under Sections 701 et seq. BGB remains unaffected by this provision.
9.3 The host shall not be liable for service disruptions in connection with services which, recognisably for the guest/client, are merely procured as third-party services during the stay (e.g. sports events, visits to the theatre, exhibitions, etc.). The same applies for external services which are procured together with the booking of the accommodation, provided that they are explicitly specified as being third-party services in the advertisement or booking confirmation.
10. Statute of limitations
10.1 Contractual claims of the guest/client against the host arising from the guest accommodation contract or ET from the agency contract arising from injury to life, body, or health, including contractual claims for damages for pain and suffering based on their negligent breach of duty or an intentional or negligent breach of duty by their legal representatives or vicarious agents, shall lapse after three years. This also applies to claims for compensation for other damages due to a grossly negligent breach of duty by the host or ET or due to an intentional or grossly negligent breach of duty by their legal representatives or vicarious agents.
10.2 All other contractual claims are subject to a limitation period of one year.
10.3 The statute of limitations according to the foregoing provisions shall begin in each case at the end of the year in which the claim arose and the guest/client became aware of circumstances which justify the claim and which the host or ET as the debtor became aware of or would have had to become aware of in the absence of gross negligence. If the last day of the period falls on a Sunday, a general holiday recognised by the state at the place of declaration, or on a Saturday, the next working day shall take the place of such a day.
10.4 If there exist ongoing negotiations between the guest and the host or ET over valid asserted claims or the circumstances justifying the claims, then the limitation period is suspended until the guest or the host, or ET declines to the continuation of the negotiations. The aforementioned limitation period of one year shall begin no earlier than 3 months after the end of the suspension.
11. Special provisions relating to pandemics (in particular the Corona virus)
11.1 The Parties agree that the travel services agreed upon shall always be provided by the respective service providers in compliance with and in accordance with the official regulations and requirements applicable at the respective time of travel.
11.2.The traveller agrees to observe appropriate regulations or restrictions on use of the service providers when using travel services and to inform the travel guide and the service provider immediately in the event of typical symptoms of illness.
12. Information on alternative dispute resolution facilities; governing law and place of jurisdiction
12.1 With regard to the laws on consumer dispute resolution, the host and ET point out that at the time of publication of these Guest Accommodation Conditions, participation in consumer dispute resolution is not obligatory for the host and ET, and that the host and the ET do not participate in voluntary consumer dispute resolution. If consumer dispute settlements become obligatory for the host and/or ET, they shall inform the guest/consumer of this in a suitable format. The host and ET refer to the European online dispute resolution platform http://ec.europa.eu/consumers/odr/ for all contracts concluded in electronic commerce.
12.2 The contractual relationship between the guest/client and the host and/or ET is governed exclusively by German law. The same applies for any other legal relationship.
12.3 As far as in the case of permissible legal actions of the guest/client against the host or ET abroad for their liability, German law is not applied on its merits, German law is exclusively applicable with regard to the legal consequences, in particular with regard to type, scope and amount of claims of the guest's customers.
12.4 The guest or the client can only bring suit against the host or ET at their registered office.
12.5 For legal actions brought by the host, or ET against the guest/client, the residence of the Customer is decisive. For legal actions against guests or clients who are merchants, legal entities under public or private law or persons who have their residence/registered business location or habitual abode abroad, or whose residence/registered business location or habitual abode is not known at the time the action is filed, the place of jurisdiction is the registered office of the host.
12.6 The above provisions do not apply if and insofar as non-modifiable regulations of the European Union or other international regulations applicable to the contract are applicable.
© Copyright protected; Noll & Hütten Rechtsanwälte, Stuttgart | Munich 2004-2021
Vermittelnde Stelle ist:
Eifel Tourismus (ET) GmbH
vertreten durch: Klaus Schäfer
Telefon: +49 (0) 6551 96 56 0
Fax: +49 (0) 6551 96 56 96
Form sheet containing information for package tour travellers in accordance with §651 of the German Civil Code
The combination of travel services offered to you is a package tour as defined in EU Directive 2015/2302.
You are therefore entitled to claim all EU rights applicable to package tours. Eifel Tourismus (ET) GmbH bears full responsibility for the statutory coverage of the reimbursement of your payments, and if transport is included in the package tour, to ensure that you are returned home should it be subject to insolvency proceedings.
The key rights as specified in EU Directive 2015/2302
- Travellers receive all the important information regarding the package tour before signing the package tour contract.
- At least one company is liable in all cases for the orderly provision of all services included in the contract.
- The travellers receive an emergency telephone number or information regarding a contact point via which they can contact the tour operator or a travel office.
- The travellers may transfer the package tour to another person - within a reasonable period of time and at additional cost under certain circumstances.
- The price of the package tour may only be increased when certain costs (such as fuel prices) are raised and when this is expressly stipulated in the contract, and in all cases up until 20 days at the latest before the package tour begins. Should the price increase exceed 8% of the package tour price, the traveller may withdraw from the contract. Should a tour operator reserve the right to increase the price, the traveller has the right to reduce the price when the corresponding costs decrease.
- The travellers may withdraw from the contract without paying a withdrawal fee, and retain full reimbursement of all payments, when one of the key components of the package tour is significantly altered, with the exception of the price. Should the company responsible for the package tour renege before the start of the package tour, travellers have the right to claim a cost reimbursement and, under certain circumstances, damage compensation.
- The travellers may withdraw from the contract, without payment of a withdrawal fee, should unusual circumstances arise before the start of the package tour, such as in cases where severe security problems arise at the place of destination which are likely to negatively impact on the package tour.
- In addition, travellers may withdraw from the contract before the start of the package tour, on payment of a reasonable and justifiable withdrawal fee.
- Should it not be possible to provide key components of the package tour as defined in the contract after the start of the package tour, the traveller must be offered reasonable alternative arrangements without added cost. The traveller may withdraw from the contract without payment of a withdrawal fee (in the Federal Republic of Germany, this right is known as “the right to termination”) when services are not provided as defined in the contract, and this has a significant effect on the provision of the contractual package tour services, and the tour operator has failed to address the problem.
- The traveller has the right to claim a reduction in price and/or damage compensation when the travel services are not provided, or not provided in the correct manner.
- The tour operator provides assistance to the traveller should the traveller be in difficulty.
- Should insolvency proceedings begin against the tour operator, payments shall be reimbursed. Should insolvency proceedings begin against the tour operator, or, if appropriate, against the tour broker, after the start of the package tour, and if transportation is included in the package tour, the return transportation of the travellers is guaranteed. Eifel Tourismus (ET) GmbH has signed an insolvency insurance agreement with HanseMerkur Reiseversicherung AG. Travellers may contact this institution if they are refused the provision of services due to insolvency proceedings against Eifel Tourismus (ET) GmbH. HanseMerkur Reiseversicherung AG, Siegfried-Wedells-Platz 1, 20345 Hamburg, Tel. +49 40 53799360, email@example.com
The website containing EU Directive 2015/2302, in the form implemented in national law is: www.umsetzung-richtlinie-eu2015-2302.de (in German)