Terms and conditions
Terms and conditions of the Eifel Tourismus GmbH
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.
The following travel conditions apply to all-inclusive packages that Eifel Tourismus (ET) GmbH offers at www.eifelsteig.de/en !
We ask you to carefully read the following travel conditions for flat-rate offers. The travel conditions are, if incorporated, part of the travel agreement that you - referred to below as the "traveller" or "customer" - conclude with the Eifel Tourismus (ET) GmbH, hereinafter abbreviated to "ET" , as the tour operator. These travel conditions apply exclusively to the all-inclusive packages offered by the ET. They do not apply to arranging third party services (e.g. guest tours and tickets) nor to contracts for accommodation services or for arranging such services.
1. Conclusion of the agreement
1.1 With the booking (travel reservation) which may be made orally, by telephone, in writing, by email or by fax, the customer offers to conclude a binding travel contract with the ET. The basis for the offer are the travel description, these travel conditions and all the additional information on which the booking is based (catalogue, host directory, internet) if these are available to the customer. Exclusively Number 1.3. applies to online bookings.
1.2 The travel contract comes into existence when the ET provides the customer with the booking confirmation. It does not require a particular form. Upon or immediately after conclusion of the contract, the customer will receive a written copy of the booking confirmation. A written confirmation of the booking confirmation need not be sent if the customer's booking is made less than 7 working days before the trip.
1.3 If the ET's booking confirmation deviates from the customer booking, this constitutes a new offer from the ET to which it is bound for 7 days from the date of the booking confirmation. The contract comes into existence on the basis of this modified offer if the customer declares acceptance of this offer by an explicit declaration, advance or full payment. This applies accordingly if the ET provides a written offer to the customer for a flat-rate price.
2. Services, changes to services
2.1 The services that the ET must provide arise exclusively from the content of the booking confirmation in connection with making the relevant offer of an all-inclusive package on which this is based and according to all of the information and notes contained in the basis for booking.
2.2 Travel agents and service providers, in particular accommodation providers, are not authorised by the ET to make assurances or agreements that go beyond the travel description or booking confirmation or to contradict or modify the confirmed content of the travel contract.
2.3 Information in hotel guides, brochures and similar directories, in particular the internal brochures of the accommodation host that are not issued by the ET are not binding for the ET and its obligation to provide services if they were not made part of the content of the services that the host is obliged to provide with the explicit agreement with the guest.
3. Advance/outstanding payment
3.1 On conclusion of the contract (receipt of the booking confirmation) and after handover of a guarantee certificate pursuant to Section 651k of the German Civil Code (BGB), an advance payment is to be made and this is to be offset against the travel price. If nothing further has been agreed and is noted in the booking confirmation, this is 20% of the travel price.
3.2 The outstanding payment is due 21 days before the trip begins if no other payment date has been agreed in the individual case, the certificate of insurance has been handed over and if the trip can no longer be cancelled for the reasons stated in Number 8 of these conditions. For bookings less than 21 days before the trip starts, the whole price is due for payment immediately.
3.3 In contrast to the provision in Numbers 3.1 and 3.2 there is no obligation to provide a guarantee certificate
a) if the all-inclusive package does not last for longer than 24 hours, does not include accommodation and the travel price does not exceed €75 per person
b) if the contractual services do not include transport to and from the holiday location and it is agreed and marked in the booking confirmation that the whole travel price is to be paid locally only after the end of the trip.
3.4 If the customer has no contractual or legal withdrawal right and the ET is willing and able to provide the contractual services, the following applies:
a) If the guest does not make an advance or final payment when due or not in full by the agreed deadlines, the ET is entitled after issuing a reminder with a deadline, to withdraw from the contract and to charge the guest the withdrawal costs as per Number 4 of these conditions.
b) Without full payment of the travel price the customer has no right to use the travel services or receive the travel documents.
4. Withdrawal by the customer, rebooking
4.1 The customer may withdraw from the trip at any time before it starts. It is recommended that the withdrawal is declared in writing in order to avoid misunderstandings. The key date is the receipt of the withdrawal declaration by the ET.
4.2 In all cases of withdrawal by the guest, the ET is entitled to reimbursement for the travel preparations made and the ET 's expenses as stated below, whereby ordinarily saved expenditure and ordinarily possible other use of travel services must be taken into account:
up to 31 days before the trip starts: 10 % of the travel price
between 30 and 21 days before the trip starts: 20% of the travel price
between 20 and 12 days before the trip starts: 30% of the travel price
between 11 and 3 days before the trip starts: 70% of the travel price
less than 3 days before the trip starts and for non-arrival: 90% of the travel price
4.3 It is urgently recommended that guests conclude travel cancellation insurance and insurance to cover the return costs in the event of accident or illness.
4.4 The customer may demonstrate that the ET incurred no or much lower costs than the flat-rates stated above. In this case the customer is only obliged to pay the lower costs.
4.5 The ET reserves the right in place of the flat-rates stated above to request higher, specific compensation if the ET proves that it incurred much higher costs than the applicable flat-rates. If the ET asserts such a claim, the ET is obliged to quantify and provide specific evidence for the requested compensation whilst taking into account any saved costs and any other use of the travel services.
4.6 If after concluding the contract, changes are made at the request of the customer relating to the travel date, accommodation, catering or other services (rebookings) the ET can, without there being a legal entitlement of the customer to make a rebooking and only if this is possible, charge a rebooking fee of €26,- up to the 32 days before the trip starts. Later rebookings are only possible by withdrawing from the travel contract and rebooking as per the withdrawal conditions stated above. This does not apply to rebooking requests that only result in minor costs.
5. Traveller's duties (notification of defects, termination, exclusion period)
5.1 The traveller is obliged to notify the ET about defects and faults without delay and to request resolution. Claims by the traveller only remain valid if the traveller is not at fault for failing to make the complaint as above. Notification of defects to the service provider, including but not limited to the accommodation provider, is not adequate.
5.2 If the trip is significantly adversely affected by a defect or it is unreasonable for the traveller to undertake the trip as a result of such a defect for good cause acknowledged by the ET, the traveller may withdraw from the travel contract under the statutory provisions (Section 651e of the German Civil Code (BGB)). The termination is only permitted if the ET or its appointees have allowed an appropriate period determined by the traveller to pass without providing resolution. The setting of a period is not required if the resolution is impossible or was refused by the ET or its appointees or if the immediate termination of the contract is justified by a special interest of the traveller.
5.3 The traveller must assert claims arising from the failure to provide travel services in compliance with the contract against the ET within one month of the contractually planned return date at the address stated below. Notification, even if timely, cannot be made to the service providers, including but not limited to the accommodation providers. Written assertion is urgently recommended. Claims by the traveller only remain valid if he or she is not at fault for failing to assert them within the period stipulated.
6. Special duties of the traveller for flat-rate trips with medical services, spa treatments, wellness offers
6.1 For all-inclusive packages including medical services, spa treatments, wellness offerings or similar services, it is the traveller's responsibility to obtain information before starting the trip or using the services as to whether the relevant treatment or services are suitable when taking their personal health and any existing complaints or illnesses into account.
6.2 The ET is not liable in this regard without specific agreement for any special consequences, risks of side effects of such services, including but not limited to medical clarification or explanation that is specific to the traveller
6.3 The provisions stated above apply independently of whether the ET is only the agent for such services or if they are part of the travel services.
7.1 The ET 'S contractual liability for damages not arising from injury to life, limb or health is restricted to three times the travel price,
a) if damage to the traveller was neither deliberate nor grossly negligent
b) or the ET is responsible for the damage incurred by the traveller due to the culpability of a service provider only.
7.2 The ET is not liable for statements made about and faults in services that are not contractually agreed main services and are not part of the the ET all-inclusive package and are identifiable as such for the customer and marked in the travel information or booking confirmation as third-party services or were simply arranged as third-party services during the stay (e.g. spa and wellness services, sports events, theatre tickets, exhibitions, trips etc.)
7.3 If such services as medical services, therapy services, massages or other healing applications or services are not part of the the ET all-inclusive package and are simply arranged in addition to the booked flat-rate services under Number 7.2, the ET is not liable for the provision of the services nor for personal injury nor damage to property. If such services are part of the travel services, the ET is not liable for the success of the healing or spa treatment.
8. Withdrawal by the ET if the required number of participants is not met
8.1 The ET may, if a minimum number of participants is stated in the specific trip details for a particular trip or in a general notification in the travel brochure for all or specifically specified trips, withdraw from the travel contract up to 4 weeks before the trip starts if this minimum number of participants is not reached.
8.2 The minimum number of participants must be stated in the booking confirmation or reference is to be made there to the relevant details in the travel information.
8.3 The ET is obliged to inform the customers immediately after the occurrence of the requirement to not carry out the trip and to refer them without delay to the withdrawal declaration.
8.4 If it becomes clear before the end of the period stated in Number 8.1 that the trip will not take place, the ET is obliged to declare withdrawal without delay.
8.5 If a trip is cancelled, the customer can request to join a trip of at least equal value if the ET is able to offer such a trip to the customer from its range without additional charge to the customer. The customer has the right immediately after the declaration about the cancellation of the trip to assert this against the ET.
8.6 In the event of withdrawal by the ET the customer will immediately be reimbursed for the payments made for the trip.
9. Services not utilised
If the traveller does not use individual travel services due to return ahead of time, sickness or other reason for which the ET is not responsible, he or she has no claim to a pro rata reimbursement. The ET will however, if the amounts are not minor, make efforts to receive reimbursement from the service provider and to repay the customer for these amounts as soon as and to the extent to which individual service providers actually reimburse the ET.
10. Limitation of claims
10.1 Contractual claims by the traveller under Sections 651c to f BGB for injury to life, limb or health including contractual claims for pain and suffering that are based on a negligent infringement of duty by the ET or a deliberate or negligent infringement of duty by a statutory representative or vicarious agent of the ET lapse after 2 years. This also applies to claims for the reimbursement of other damages based on the grossly negligent infringement of duty by the ET or the malicious or grossly negligent infringement of duty by statutory representatives or vicarious agents of the ET.
10.2 All other contractual claims under Section 651c to f BGB lapse after 1 year.
10.3 The limitation period in Number 10.1 and 10.2 starts on the day following the one on which the travel was supposed to end as contractually agreed. If the last day of the period falls on a Sunday, a state-recognised public holiday at the location of the declaration or on a Saturday, it is replaced by the next working day
10.4 If there are negotiations between the traveller and the ET about the asserted claims or circumstances that give rise to the claim, the limitation period is stopped until the traveller or the ET refuses to continue the negotiations. The limitation period comes into force at the earliest 3 months after the end of the stoppage period.
11. Notes on institutions for alternative dispute resolution; choice of law and jurisdiction agreement
11.1 The ET points out with regard to the law on consumer dispute resolution that when publishing these travel terms, participation by the ET in the consumer dispute resolution is not compulsory and the ET does not take part in voluntary consumer dispute resolution. If a consumer dispute resolution became binding for the ET, the ET would inform the consumers about this in the appropriate form. The ET directs consumers to the European online dispute resolution platform http://ec.europa.eu/consumers/odr/ for all legal agreements concluded electronically.
11.2 For travellers that do not belong to a member state of the European Union or are not Swiss citizens, the exclusive application of German law is agreed for the complete legal and contractual relationship between the traveller and the ET. Such travellers may only take legal action against the ET at their location.
11.3 For lawsuits brought by the ET against customers who are business people, legal entities in public or private law or people who have their normal place of residence or location in another country or whose place of residence or normal location is not known at the time the lawsuit was started, the court of jurisdiction will be the ET'S head office.
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.
The Eifel Tourismus (ET) GmbH, hereinafter abbreviated to " ET ", acts as an agent for accommodation from hosts and private landlords (hotels, guest houses, B&Bs, private rooms and holiday flats), hereinafter referred to jointly as "hosts" in (area/region) as per the current offering. The following conditions become, if effectively agreed, part of the contract if a booking is established between the guest and host for a host/accommodation contract and in addition to the statutory regulations they regulate the contractual relationship between the guest and host and the agency activity of the ET. Please read these conditions through carefully.
1. Position of the ET; scope of these guest hosting conditions
1.1 If nothing further has been explicitly agreed, the ET simply holds the position of an agent. It is not liable for the information provided by the host on prices and services. Any liability on the part of the ET from the agency contract is unaffected by this.
1.2 These guest hosting conditions, if effectively agreed, apply to all bookings of accommodation for which the basis of the booking is the host directory issued by the ET and for bookings based on the relevant offers on the internet. The hosts have the right to agree other guest hosting conditions with the individual guest as well as provisions that vary from or supplement the following guest hosting conditions.
2. Conclusion of the contract, travel agent, information in hotel guides
2.1 With the booking, the guest offers, if necessary after prior, non-binding information from the host about the accommodation and its actual availability, to conclude the guest hosting contract in a binding manner with the host. The basis of this offer is the description of the accommodation and the additional information in the basis for the booking (e.g. description of location, classification notes) if these are available to the guest when booking.
2.2 The guest's booking may be made by any of the methods offered by the host, i.e. orally, in writing, by telephone, fax or email.
2.3 The contract comes into existence with the receipt of the host's acceptance declaration (booking confirmation) or that of the ET as their representative. The acceptance declaration does not require a particular form and therefore oral and telephone confirmations are legally binding for the guest and host.
2.4 The host will normally send the guest a written copy of the booking confirmation for oral and telephone bookings. The legal effectiveness of the hosting contract for such bookings does not however depend on receipt of the written copy of the booking confirmation.
2.5 If the host or the ET as the agent offers the option of a binding booking and arrangement of accommodation by electronic means via an internet platform, the following applies to the conclusion of this contract:
The online booking process is explained to the customer using appropriate notifications. The exclusive contract language is German. The customer may correct or delete each individual piece of information provided or reset the complete online booking form using a correction option that is explained during the booking process. After completing the selection of the accommodation services requested by the customer and entering the personal data, all of the data including all key information on prices, services, booked additional services and any booked travel insurance is displayed. The customer has the opportunity to reject the whole booking or make a new one. When pressing the "Book and pay" button the customer offers to make a binding guest hosting contract with the host. Pressing this button means that if the host or the ET as the agent receives confirmation of booking within the binding period a travel contract with an obligation to pay is concluded. Making the online booking and pressing the "Book and pay" button does not create an entitlement of the customer to the existence of a guest hosting contract. The host is free to accept or reject the contractual offer (booking) by the customer. If no booking confirmation is received in real-time, the host or the ET as the agent will inform the customer without delay by electronic means of the receipt of the booking. This confirmation of receipt does not represent a booking confirmation and does not establish an entitlement to the existence of a guest hosting contract as per the customer's booking request. The travel contract comes into being with the receipt of the booking confirmation by the customer that the host or the ET as the agent sends to the customer in the form stated in the booking process by email, fax or post.
2.6 If the content of the booking confirmation varies from the content of the booking, this represents a new offer from the host. The contract comes into existence on the basis of this new offer if the guest declares acceptance by an explicit declaration, advance or full payment or utilises the accommodation.
2.7 Travel agents and booking organisations are not authorised to make agreements, provide information or make assurances that modify the agreed content of the contract, contractually go beyond the services agreed by the host or contradict the host's description of accommodation and services.
2.8 Information in hotel guides and similar directories that are not issued by the ET or the host are not binding for the host and its obligation to provide services if they were not made part of the content of the services that the host is obliged to provide through express agreement with the guest.
3. Non-binding reservations
3.1 The guest may withdraw from non-binding reservations free of charge but these are only possible with the relevant explicit agreement with the ET or the host.
3.2 If the guest has not explicitly agreed a non-binding reservation, the booking is conducted as stated in Number 2. (conclusion of contract) of these conditions and is always a legally binding contract for the host and guest/client.
3.3 If a non-binding agreement has been agreed for the guest, the host must keep the desired accommodation available for the guest's booking until the agreed time. The guest must notify the ET or the host at this time if the reservation should also be treated as a binding booking for him. If this does not occur, the reservation lapses without an additional duty of notification by the ET or the host. If the notification is provided in time, on its receipt by the host a legally binding guest hosting contract comes into force between the host and the guest.
4. Prices and services, rebookings
4.1 The prices stated in the brochure are final prices and include statutory value-added tax and all ancillary costs if nothing further is stated concerning ancillary costs. Spa taxes and fees for consumption-dependent services (e.g. electricity, gas, water, firewood) and for optional and additional services may be incurred and are shown separately.
4.2 The services to be provided by the host arise exclusively from the content of the booking confirmation in conjunction with the valid brochure or property description and any additional agreements explicitly made with the guest/client. It is recommended that the guest/client makes additional agreements in writing.
4.3 For rebookings (changes to accommodation type, arrival and departure dates, duration of stay, catering type, booked additional services and other supplementary services) for which there is no legal obligation, the host may request a rebooking fee of €15 per change. This does not apply if the change is minor.
5.1 The due date for the advance and final payment depends on the agreement made with the guest or client and the provision noted in the booking confirmation. If no special agreement is made, the total accommodation price including the fees for subsidiary costs and additional services is due for payment at the end of the stay and must be paid to the host.
5.2 After the conclusion of the contract the host may request an advance payment. If nothing further has been agreed, it is 20% of the total price of the accommodation services and additional booked services.
5.3 Payments in foreign currencies and by cheque are not possible. Credit and debit card payments are only possible if this is agreed or the host publicly states that these are possible. Payments at the end of a stay cannot be made by bank transfer.
5.4 If a guest does not make an agreed advance payment or not in full in spite of a reminder by the host and setting an additional period, the host is permitted, if he is willing and able to provide the contractual services and if the guest has no statutory or contractual right of retention, to withdraw from the contract with the guest and to charge withdrawal costs as per Number 6. of these conditions.
6. Withdrawal and non-arrival
6.1 In the event of withdrawal or non-arrival, the entitlement of the host to the payment of the agreed accommodation price including food and the fees for additional services remains.
6.2 The host must attempt within his normal business operation, without the obligation for special effort and when considering the special character of the booked accommodation (e.g. non-smoking, family room) to use the accommodation by other means.
6.3 The host must offset other occupancy and, if this is not possible, any costs saved.
6.4 According to the percentages recognised in law for quantifying the saved costs, the guest or client must pay the host the following amounts, each related to the total price of the accommodation services (including all subsidiary costs), but without including any public fees such as tourism fees or spa taxes:
• For holiday homes/accommodation without food: 90%
• For overnight accommodation/breakfast: 80%
• For half board: 70%
• For full board: 60%
6.5 The guest/client explicitly reserves the right to demonstrate to the host that the saved costs are significantly higher than the deductions taken into account above or that the accommodation or other services were used in another way. In the event of such evidence the guest or client is only obliged to pay the lower amount.
6.6 It is urgently recommended that insurance is taken out to cover travel cancellation costs.
6.7 The withdrawal declaration is to be directed to the ET (not the accommodation provider) for technical booking reasons and should be in writing in the interests of the guest.
7. Arrival and departure
7.1 The guest must arrive at the agreed time; if no specific agreement is made, at the latest by 6 pm.
7.2 The following applies to later arrivals:
a) The guest is obliged to inform the host at the latest by the agreed arrival time if he will arrive later or will not utilise the booked accommodation until a subsequent day, for stays lasting for several days. b) If notification is not received in good time, the host is permitted to utilise the accommodation in another way. The provisions in Number 6. apply accordingly to the period of non-occupancy. c) If the guest notifies later arrival, he must pay the agreed fee minus any saved expenses by the host under Number 6.4 and 6.5 for the occupancy period not used unless the host is responsible under contract or law for the reasons for the later occupancy.
7.3 The guest must vacate the accommodation at the agreed time; if no specific agreement is made, at the latest by 12:00 on the date of departure. If the accommodation is not vacated in good time, the host may request an appropriate additional fee. Further damage can still be asserted by the host.
8. Obligation of the customer to notify defects, use by animals, termination by the host
8.1 The guest is obliged to notify the host about defects and faults without delay and to request resolution. It is not enough to inform the ET about the defect. If the fault is not notified and the guest is at fault, the guest's rights may lapse in full or in part.
8.2 The guest may terminate the contract only if the faults or defects are significant. Prior to this he must set the host as part of the notification of defects an appropriate resolution period unless resolution is impossible, refused by the host or immediate termination is factually justified as a result of the recognisable interest of the guest or continuing the stay is objectively unreasonable for such reasons.
8.3 The following applies to use by pets:
a) Pets can only be accommodated if this is permitted by an explicit agreement on this matter and if the host envisages this option in the description provided. b) The guest is obliged to provide truthful information about the type and size when making such agreements. c) Infringements of this may result in the extraordinary termination of the guest hosting contract. d) Unannounced use by pets or incorrect information on the type and size permit the host to refuse access to the accommodation, terminate the guest hosting contract and charge the withdrawal costs under Number 6. of these conditions.
9. Limitation of liability
9.1 The liability of the host from the guest hosting contract under Section 536a of the German Civil Code (BGB) for damage not resulting from injury to life, limb or health is excluded if it is not based on a deliberate or grossly negligent infringement of duty by the host, their statutory representative or vicarious agent.
9.2 This provision does not affect any accommodation provider's liability on the part of the host for property brought in by guests pursuant to Sections 701 ff of the German Civil Code (BGB).
9.3 The host is not liable for faults associated with the services that are clearly arranged during the stay for the guest/client as third-party services (e.g. sports events, theatre visits, exhibitions etc.). This also applies to third-party services that are already arranged when the accommodation is booked if these are explicitly marked as third-party services in the description or booking confirmation.
10. Limitation of claims
10.1 Contractual claims by the guest/client against the host from the guest hosting contract or the ET from the agency contract relating to injury to life, limb or health, including contractual claims for pain and suffering based on the negligent infringement of a duty or a deliberate or negligent infringement of a duty by their legal representatives or vicarious agents, lapse after three years. This also applies to claims for the reimbursement of other damages based on the grossly negligent infringement of duty by the host or the ET or on malicious or grossly negligent infringement of duty by their statutory representatives or vicarious agents.
10.2 All other contractual claims lapse after one year.
10.3 The limitation periods under the provisions stated above each start at the end of the year in which the claim was created and the guest/host obtained knowledge of the circumstances that form the basis for the claim and of the host or the ET as the party liable or should have known about them without gross negligence. If the last day of the period falls on a Sunday, a state-recognised public holiday at the location of the declaration or on a Saturday, it is replaced by the next working day.
10.4 If there are ongoing negotiations about asserted claims between the guest and host or the ET or the circumstances justifying the claim, the limitation period is stopped until the guest or host or XXX refuses to continue the negotiations. The limitation period of one year as stated above starts at the earliest 3 months after the end of the stoppage period.
11. Notes on institutions for alternative dispute resolution; choice of law and jurisdiction
11.1 The host and the ET point out with regard to the law on consumer dispute resolution, that when publishing these guest hosting terms, participation by the host and the ET in the consumer dispute resolution is not compulsory and the host and the ET do not take part in voluntary consumer dispute resolution. If a consumer dispute resolution becomes compulsory for the host and/or the ET, they will inform the guest/consumer of this in an appropriate form. The host and the ET direct consumers to the European online dispute resolution platform http://ec.europa.eu/consumers/odr/ for all legal agreements concluded electronically.
11.2 Exclusively German law applies to the contractual relationship between the guest or the client and the host or the ET. This also applies to the remaining legal relationships.
11.3 If for permissible lawsuits by the guest or client against the host or the ET, German law is not used for liability in another country on the merits, exclusively German law is used for the legal consequences, in particular the type, scope and level of claims by the guest or customer.
11.4 The guest or client may only start legal proceedings against the host/ the ET at their location.
11.5 For lawsuits by the host or the ET against the guest or client the residency of the customer is key. For lawsuits against guests or clients who are businesspeople, legal entities in public or private law or people whose normal place of residence/business or normal location is abroad or whose normal place of residence/business is not known at the time that the lawsuit is submitted, the place of jurisdiction is agreed as the residence of the host.
11.6 The provisions stated above do not apply if and to the extent to which applicable, non-mandatory provisions of the European Union or other international provisions are applicable to the contract.
© Copyright protected; Noll & Hütten Rechtsanwälte, Stuttgart | Munich (2016-2017)
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