Conditions of travelthe Sauerland-Ferienservice GmbH

Guest admission conditions for accommodation services

Dear guests of the Sauerland tourist region,
Sauerland-Ferienservice GmbH - hereinafter abbreviated to "SFS" - acts as a reservation office and arranges hotel rooms and holiday accommodation in accordance with the offers in the print media and on the Internet. Contractual relationships are established directly between the accommodation facility or private landlord - hereinafter uniformly referred to as "host" - and the guest. The following conditions, as far as effectively included, become the content of the guest accommodation contract between the host and you. Please read these conditions carefully.

1. Conclusion of the hosting agreement, position of the SFS

1.1) The following applies to all types of bookings:
a) The basis of the offer of the host and the booking of the guest is the description of the accommodation and the additional information in the basis of the booking (e.g. description of the location, classification explanation) as far as these are available to the guest at the time of booking.
b) Travel agencies and booking offices, with the exception of SFS itself, are not authorized by the host to make agreements, provide information or make assurances that change the agreed content of the contract, go beyond the contractually promised services of the host or contradict the accommodation description.
c) SFS would like to point out that according to the legal regulations (§ 312g para. 2 sentence 1 no. 9 BGB), there is no right of withdrawal for guest accommodation contracts concluded by means of distance selling (letters, catalogues, telephone calls, faxes, e-mails, messages sent via mobile phone service (SMS) as well as radio and telemedia). Only the legal regulations regarding the non-use of rental services (§ 537 BGB) apply (see also no. 3 of these guest accommodation conditions). A right of revocation exists, however, if the guest accommodation contract has been concluded outside of business premises, unless the oral negotiations on which the conclusion of the contract is based have been conducted on the consumer's previous order; in the latter case, there is also no right of revocation.

1.2. for the booking, which is made verbally, by telephone, in writing, by e-mail or by fax, the following applies:
a) With the booking, the guest offers the host the conclusion of the guest accommodation contract in a binding manner.
b) The contract is concluded with the receipt of the declaration of acceptance, which does not require any form, with the consequence that verbal and telephone confirmations are also legally binding for the guest. As a rule, the Host or SFS will also send the Guest a written copy of the booking confirmation. However, oral or telephone bookings made by the Guest, if confirmed verbally or by telephone, will result in a binding contract even if the Guest does not receive the corresponding written copy of the booking confirmation.
c) If the host submits a special offer at the request of the guest or the client, this is, in contrast to the above regulations, a binding contractual offer of the host to the guest or the client. In these cases, the contract is concluded, without the need for a corresponding reconfirmation, if the guest or the client accepts this offer within the period stated in the offer without restrictions, changes or extensions by means of an express declaration, down payment, payment of balance or use of the accommodation.

1.3. bookings at the travel agency
a) Registration
You contact your travel agency and can book there immediately. The travel agency is in contact with SFS. You will receive your travel confirmation from the travel agency.
b) Payment
Payment is to be made on site, directly at the host.

1.For bookings made without individual communication via an online booking procedure (contract in electronic business transactions), the following shall apply for the conclusion of the contract:
a) The guest shall be informed about the online booking procedure in the corresponding Internet portal.
b) The guest shall have the opportunity to correct his entries, delete or reset the entire online booking form, the use of which shall be explained.
c) The contract languages specified for the online booking are indicated. The German language is the only legally authoritative language.
d) If the text of the contract is stored by the host or in the online booking system, the guest will be informed of this storage and the possibility of calling up the text of the contract at a later date.
e) By pressing the button (the button) "book subject to payment", the guest makes a binding offer to the host to conclude the guest accommodation contract.
f) The guest will receive an immediate electronic confirmation of the receipt of his booking.
g) The transmission of the contract offer by pressing the button "book liable to pay" does not constitute a claim by the guest to the conclusion of a guest admission contract according to his booking details. Rather, the Host is free to decide whether or not to accept the Guest's contractual offer.
h) The contract comes into effect upon receipt by the Guest of the booking confirmation from the Host or SFS as its agent.

1.5 If the booking confirmation is made immediately after the Guest has made the booking by pressing the button "book subject to payment" by means of a corresponding display on the screen (booking in real time), the Guest Accommodation Agreement shall come into effect upon receipt and display of this booking confirmation by the Guest on the screen, without the need for an interim notification of the receipt of his booking according to f). In this case, the customer is offered the possibility of saving and printing the booking confirmation. However, the binding nature of the guest admission contract does not depend on the guest using these options for saving or printing. As a rule, the Host or SFS will also send the Guest a copy of the booking confirmation by e-mail, e-mail attachment, post or fax. The access on. However, such additional transmission is not a prerequisite for the legal validity of the guest accommodation contract.

2. Reservations

2.1. non-binding reservations that entitle the Guest to withdraw from the contract free of charge are only possible with the express agreement of SFS as the representative of the Host If no such agreement has been made, the reservation pursuant to Sections 1.1 and 1.2 shall generally result in a legally binding contract between the Host and the Guest.

2.2 If a non-binding reservation has been agreed, the Guest must inform SFS by the agreed date if the reservation is to be treated as a binding booking. If this does not happen, the reservation will be cancelled without further notification by SFS. If the notification is made, paragraph 1.2 applies accordingly.

3. Arrival and departure

3.1. the arrival of the guest has to take place at the agreed time, without special agreement at the latest by 18:00 o'clock

3.2) For later arrivals the following applies:
a) The guest is obliged to inform the host at the latest by 6 p.m. or at the agreed time of arrival if he arrives late or, in the case of stays of several days, only wants to move into the booked accommodation on the following day.
b) If the host is not informed in time, he is entitled to occupy the accommodation otherwise. For the period of non-occupancy, the provisions on the withdrawal or non-arrival of the guest in these guest admission conditions apply accordingly.
c) For occupancy periods in which the guest does not use the accommodation due to late arrival, the provisions on the withdrawal or non-arrival of the guest in these Terms and Conditions of Hospitality shall apply accordingly. The guest does not have to make any payments to the host for such occupancy times if the host is contractually or legally responsible for the reasons for the late arrival or non-occupancy.

3.3. the Guest's accommodation must be vacated at the agreed time and, in the absence of a special agreement, no later than 12:00 noon on the day of departure. If the accommodation is not cleared in time, the host can demand a corresponding additional payment. The host reserves the right to claim further damages. A claim for the use of the facilities of the host's accommodation establishment after 12:00 noon on the day of departure shall only exist in the event of a general reference to this by the host or an agreement made with the host in an individual case.

4. Cancellation and no-show

4.If the guest withdraws from the contract or does not arrive without a declaration of withdrawal, the host is entitled to payment of the agreed price of the stay, including the cost of meals and additional services.

4.2. the host shall endeavour to use the accommodation for other purposes in the course of its normal business operations, without any obligation to make special efforts and taking into account the special character of the accommodation booked (e.g. non-smoking rooms, family rooms)

4.3. the host has to allow himself another allocation and, as far as this is not possible, saved expenses to be credited.

4.4. according to the percentages for the assessment of saved expenses recognized by the jurisdiction, the guest or the client has to pay the following amounts to the host, in each case related to the total price of the accommodation services (including all additional costs), but without taking into account any taxes for visitor's tax:
- For holiday apartments/accommodation without board: 90%
- For overnight stay/breakfast: 80%
- For half board: 70%
- For full board: 60%

4.5) The host reserves the right to prove to the host that the guest's saved expenses are significantly higher than the deductions considered above or that the accommodation services have been used for other purposes. In case of such proof, the guest or the client is only obliged to pay the correspondingly lower amount.

4.6. the conclusion of a travel cancellation insurance is strongly recommended.

4.7) The declaration of withdrawal is to be addressed to SFS - not to the host - for technical reasons relating to the booking - and should be made in writing in the interest of the Guest.

5. Prices/Services

5.1. the prices stated are final prices and include all additional costs, unless otherwise stated. They apply per unit.

5.2 The services owed by the host result exclusively from the content of the booking confirmation.

6. Payment

6.1. the entire payment processing is exclusively between the host and the guest.

6.2) The host can demand a deposit of up to 20% of the total price per person after conclusion of the contract (receipt of the booking confirmation or acceptance of a binding offer).

6.3. the total price of the stay, including all additional costs, is due for payment to the host on the day of departure, unless otherwise agreed.

6.4. for stays of more than one week, the host may issue an interim invoice, which is due for payment immediately.

6.5) If the guest fails to make an agreed down payment or does not make it in full despite a reminder from the host with a deadline, the host is entitled to withdraw from the contract with the guest and to charge the guest with withdrawal costs in accordance with section 3 of these terms and conditions, insofar as the host is willing and able to provide the contractual services himself and insofar as the guest has no legal or contractual right of retention.

7. Limitation of liability

7.1. the liability of the host from the guest accommodation contract according to § 536a BGB for damages, which do not result from the injury of life, body or health, is excluded, unless they are based on an intentional or grossly negligent breach of duty of the host or a legal representative or vicarious agent of the host.

7.The host is not liable for performance disruptions in connection with services that are recognisable to the guest/client during the stay as external services that are merely mediated (e.g. sports events, theatre visits, exhibitions, etc.). The same applies to external services that are already arranged together with the booking of the accommodation, as long as they are explicitly marked as external services in the invitation to tender or the booking confirmation.

7.3 SFS shall be liable only for any errors made by the traveller and his or her agents in the mediation process. The host is solely liable for the provision of the booked service and for any defects in the provision of the service.

8. Obligations of the guest; taking along pets

8.1 The Guest is obliged to observe any house rules or yard rules of which he/she has been informed or for which there was a reasonable possibility of becoming aware on the basis of corresponding instructions.

8.2. the guest is obliged to notify the host immediately of any defects and disturbances and to demand remedy. A notification of defects that is only made to SFS is not sufficient. If the Guest culpably fails to notify SFS of a defect, the Guest's claims may be wholly or partially invalidated.

8.3. the guest can only cancel the contract in case of considerable deficiencies or disturbances. He has to set the host a reasonable period of time to remedy the deficiencies, unless the remedy is impossible, is refused by the host or the immediate termination is objectively justified by a special interest of the guest, recognizable to the host or for such reasons the continuation of the stay is objectively unreasonable for the guest.

8.4. pets may only be taken along and accommodated in the accommodation in the event of an express agreement to this effect, if the host provides for this possibility in the invitation to tender. Within the framework of such agreements, the guest is obliged to provide truthful information about the type and size of the pet. Violations of this obligation may entitle the host to terminate the guest accommodation contract for exceptional reasons.

9. Choice of law and place of jurisdiction

9.1 The contractual relationship between the Guest or the Client and the Host or SFS is governed exclusively by German law. The same applies to all other legal relationships.

9.2 The Guest or the Client may only sue the Host or SFS at their place of business.

9.3 The place of residence of the Client shall be decisive for any legal action brought by the Host or SFS against the Guest or the Client. For legal actions against guests or Clients who are merchants, legal entities under public or private law, or persons who have their residence/business location or usual place of abode abroad, or whose residence/business location or usual place of abode is unknown at the time the action is filed, the place of jurisdiction shall be the registered office of the Host.

9.The above provisions on the choice of law and the place of jurisdiction shall not apply if and insofar as provisions of the European Union or other international provisions are applicable to the contract which are not mandatory.

 

"Travel Conditions for Packages"

Dear guests of the Tourism Region Sauerland,
in print media and on the Internet you will find package offers from providers in the Sauerland region. Sauerland-Ferienservice GmbH, Poststraße 7, 57392 Schmallenberg, Germany, is exclusively the publisher of the corresponding print media with such offers or the operator of the Internet platforms on which these package offers are advertised. The providers of the package offers and the contractual partners of the customer/traveller on the day of booking are the providers specified for the respective offer, which are hereinafter uniformly referred to as "tour operators" and "RV" is abbreviated. The following terms and conditions shall, to the extent that they are effectively included, become the content of the travel contract that you conclude with the respective provider in the event of a booking. Please read these travel conditions carefully.

1. Conclusion of the travel contract

1.The following applies to all types of bookings:
a) The basis of the offer of the travel agency and the booking of the traveller is the description of the package and the supplementary information in the basis of the booking, insofar as this is available to the traveller at the time of booking.
b) Travel agents and booking offices are not authorised by the travel agency to make agreements, provide information or make assurances that change the agreed content of the travel contract, go beyond the travel description or the contractually promised services of the travel agency or contradict them.
c) The customer is advised that in accordance with the statutory provisions (§§ 312 para. (2) no. 4, § 312g para. 2 sentence 1 no. 9 BGB), there is no right of withdrawal for contracts for travel services according to § 651a BGB (package tour contracts), which were concluded in distance selling (letters, catalogues, telephone calls, telecopies, e-mails, messages sent via mobile phone service (SMS) as well as radio and telemedia), but only the legal rights of withdrawal and termination, in particular the right of withdrawal according to § 651i BGB (see also No. 4. of these travel conditions). However, a right of withdrawal exists if the contract for travel services according to § 651a has been concluded outside of business premises, unless the oral negotiations on which the conclusion of the contract is based have been conducted on the consumer's previous order; in the latter case, a right of withdrawal does not exist either.

1.2 For bookings made orally, by telephone, in writing, by e-mail or by fax, the following applies:
a) With the booking, the customer makes a binding offer to the RV to conclude a travel contract. The traveller is bound to the booking for three working days.
b) The contract is concluded upon receipt of the booking confirmation (declaration of acceptance) by the PI, which does not require any form, with the consequence that verbal and telephone confirmations are also legally binding for the traveller. In the case of bookings made verbally or by telephone, the RV will send a written copy of the booking confirmation to the traveller. However, oral or telephone bookings made by the traveller, if confirmed verbally or by telephone, shall lead to a binding contract even if the corresponding written copy of the booking confirmation is not received by the traveller.
c) If the TO submits a special offer at the request of the traveller, this shall constitute a binding contractual offer by the TO to the traveller, in deviation from the above provisions. In this case, the contract shall come into effect, without the need for a corresponding return confirmation from the PI (which shall, however, normally be provided), if the customer accepts this offer within a period of time possibly specified in the offer without restrictions, changes or extensions by means of an express declaration, down payment, payment of the balance or use of the travel services.

1.For bookings that are made without individual communication via an online booking procedure (contract in electronic business transactions), the following applies to the conclusion of the contract:
a) The traveler will be informed about the online booking procedure on the corresponding website of the travel agency.
b) The traveler has the option of correcting his/her entries, deleting or resetting the entire online booking form.
c) The contract languages used for online booking are specified. The German language is the only legally binding language.
d) If the text of the contract is stored by the TO in the online booking system, the traveller will be informed of this storage and the possibility of calling up the text of the contract at a later date.
e) By pressing the button (the button) "book subject to payment", the traveller makes a binding offer to the TO to conclude the travel contract. The traveller is bound to this contractual offer for three working days from the date of dispatch of the electronic declaration.
f) The traveller will receive an immediate electronic confirmation of the receipt of his booking.
g) The transmission of the contract offer by pressing the button "book liable to pay" does not constitute a claim by the traveller to the conclusion of a travel contract according to his booking details. RV is rather free to decide whether or not to accept the traveler's offer to conclude a contract.
h) The contract is concluded upon receipt of the traveler's booking confirmation by the traveler.
i) If the booking confirmation is made immediately after the traveler has made the booking by pressing the button "book subject to payment" by means of a corresponding display on the screen (booking in real time), the travel contract is concluded upon receipt and display of this booking confirmation by the traveler on the screen, without the need for an interim notification of the receipt of his booking according to f). In this case, the traveller is offered the possibility of saving and printing the booking confirmation. However, the binding nature of the travel contract is not dependent on the traveller using these options for saving or printing. The RV will also send the traveller a copy of the booking confirmation by e-mail, e-mail attachment, post or fax.

2. Obligation of the RV

2.The service obligation of the RV results exclusively from the contents of the booking confirmation in connection with the brochure valid for the time of the journey, or the travel invitation to tender under the condition of all references and explanations contained therein.

2.2. service providers (e.g. hotels) and travel agencies are not authorised by the TO to give assurances or make agreements that go beyond the travel invitation or the booking confirmation of the TO or that contradict it or that change the confirmed content of the travel contract.

2.3. subsidiary agreements that extend the service content are only binding if expressly confirmed by the RV.

3. Deposit and payment of balance

3.1) With the conclusion of the contract (receipt of the booking confirmation) a deposit is to be paid, which will be credited to the travel price. Unless otherwise agreed in individual cases, it amounts to 10% of the travel price per person, at least 25 EUR. The remaining payment is due 2 weeks before the start of the tour, unless otherwise agreed in individual cases. For bookings made less than 2 weeks before the start of the tour, the entire tour price is due for payment immediately after handing out the security certificate.

3.2 All payments specified in section 3.1 are only due for payment if the traveller/customer has previously been given a security certificate in accordance with § 651 k BGB. The obligation to hand over a security certificate does not apply if
a) the RV is a legal entity under public law, over whose assets insolvency proceedings are not permitted.
b) the trip does not last longer than 24 hours, does not include overnight accommodation and the price of the trip does not exceed EUR 75 per person.
c) the journey does not include any transport service to and from the place of travel and the entire price of the journey, notwithstanding the payment due dates according to section 3.1, is only due for payment at the end of the journey in accordance with the agreements made with the traveller/customer.

3.3. the obligation to make a down payment or the final payment is not applicable if this is noted in the booking confirmation. In these cases no security certificate is handed over and the entire all-inclusive price is to be paid only at the end of the stay.

3.4. the obligation to make a down payment or the final payment is not applicable if this is noted in the booking confirmation. In these cases, no security certificate will be handed over and the entire package price is only payable at the end of the stay.

4. Withdrawal by the customer, rebooking

4.1. the traveler/customer can withdraw from the travel contract at any time up to the start of the trip by making a written declaration to the PI. The date of receipt of the declaration of withdrawal by the TO is decisive for the cancellation fees.

4.In any case of cancellation by the traveler/customer, the TO is entitled to the following lump-sum compensation, taking into account the usually saved expenses and the usually possible other use of the travel services:
- up to 31st day before departure : 15% (min. 25, - per person)
- up to 21st day before departure : 25%
- up to 11th day before departure : 40%
- up to 2nd day before departure : 55%
- from 1st day before departure : 80%,
- in case of cancellation on the day of arrival and in case of no-show : 90%

4.3. the traveler/customer is permitted to prove to the RV that he/she actually did not incur any costs or that the costs incurred were significantly lower than the flat rate claimed. In this case, the traveler/customer is only obliged to pay the actual costs incurred.

4.4. the ILC reserves the right to demand higher, specific compensation in lieu of the above lump sums if the ILC can prove that it has incurred significantly higher expenses than the applicable lump sum. If the ILC asserts such a claim, the ILC shall be obliged to provide concrete figures and evidence of the compensation claimed, taking into account any expenses saved and any other use of the travel services.

4.5 The above provisions do not affect the statutory right of the traveller/customer in accordance with § 651b BGB to provide a replacement participant.

4.6) The RV strongly recommends the conclusion of a travel cancellation costs insurance as well as an insurance to cover repatriation costs in case of accident or illness.

4.7) If, at the request of the traveler/customer, changes are made after booking the trip with regard to the travel date, destination, accommodation or type of catering (rebooking), the RV will charge a rebooking fee of EUR 15.00 per change up to 31 days before the start of the trip. Requests for rebooking, which can be made after this deadline, if their implementation is possible at all, will only be carried out after withdrawal from the travel contract under the above conditions and simultaneous re-registration. This does not apply to requests for rebooking that only incur minor costs.

5. Obligations and cancellation by the traveler/customer

5.The traveler/customer must immediately notify the organizer or its representative named in the travel documents of any defects and demand remedy. Claims of the traveler/customer are only not void if the complaint incumbent on the traveler/customer is not made through no fault of his own.

5.2) If the trip is significantly impaired as a result of a travel deficiency, the traveller/customer can terminate the contract in accordance with the statutory provisions (§ 65le BGB). Termination is only permissible if the tour operator or its agents have allowed a reasonable period of time set by the traveller/customer to elapse without providing a remedy. There is no need to set a deadline if the remedy is impossible or refused by the PI or its representatives or if the immediate termination of the contract is justified by a special interest of the traveller/customer.

5.3 The Customer is obliged to assert claims against SFS for failure to provide the travel services in accordance with the contract within one month after the contractually agreed date of return. If the last day of the deadline falls on a Sunday, a general holiday recognised by the state at the place of declaration or a Saturday, the next working day shall take the place of such day.

5.4. the claim can only be made within the time limit to the RV at the addresses given above. A written assertion is strongly recommended. Claims shall only be valid if they are not asserted within the deadline through no fault of the participant.

6. Liability

6.1) The contractual liability of the TO for damages that are not bodily injuries (including liability for the violation of pre-contractual, collateral or post-contractual obligations) is limited to three times the price of the trip, provided that a) the damage caused to the traveller/customer is neither intentional nor grossly negligent or b) the TO is responsible for damage caused to the traveller/customer solely due to the fault of a service provider.

6.The ILC shall not be liable for information and service disruptions in connection with services
a) which are not contractually agreed main services and are not part of the package offer of the ILC and are recognisable to the customer and are described as external services in the travel invitation or the booking confirmation, or
b) which are merely brokered as external services during the stay (e.g. spa and wellness services, sporting events, theatre visits, exhibitions, excursions, etc.)

7. Limitation of actions

7.1. claims of the traveller in accordance with §§ 651c to f BGB (German Civil Code) arising from injury to life, body or health, including contractual claims for compensation for pain and suffering, which are based on a negligent breach of duty on the part of the TO or an intentional or negligent breach of duty by a legal representative or vicarious agent of the TO, are subject to a limitation period of two years. This also applies to claims for compensation for other damages which are based on a grossly negligent breach of duty on the part of the PI or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the PI.

7.2) All other claims according to §§ 651c to f BGB are subject to a limitation period of one year.

7.3. the limitation period according to sections 7.1 and 7.2 begins on the day following the day on which the journey should end according to the contractual agreements. If the last day of the period falls on a Sunday, a public holiday recognised by the state at the place of declaration or a Saturday, the next working day shall take the place of such day.

7.4. if negotiations are pending between the traveller and the RV concerning the claim or the circumstances justifying the claim, the limitation period is suspended until the traveller or the RV refuses to continue the negotiations. The statute of limitations shall commence at the earliest three months after the end of the suspension.

8. Choice of law and jurisdiction agreement

8.1) For travellers who are not nationals of a member state of the European Union or Swiss citizens, the exclusive application of German law is agreed for the entire legal and contractual relationship between the traveller and the RV. Such travellers can sue the RV exclusively at its seat.

8.2) For legal actions of the RV against travellers or contractual partners of the travel contract, who are merchants, legal entities under public or private law or persons who have their domicile or usual place of residence abroad, or whose domicile or usual place of residence is unknown at the time the action is filed, the place of jurisdiction shall be the registered office of the RV.

© Copyright protected; Lawyers Noll & Hütten / Stuttgart/Munich 2015

 

Reference to EU Dispute Settlement

The European Commission provides a platform for online dispute resolution (OS): http://ec.europa.eu/consumers/odr

Sauerland-Ferienservice GmbH does not take part in voluntary dispute settlement proceedings before a consumer arbitration board. Nevertheless, we are obliged to provide you with the contact details of the competent body:
General consumer arbitration board of the Zentrum für Schlichtung e.V., Straßburger Str. 8, 77694 Kehl, Germany, telephone: +49 785179579 40, fax: +49 7851 79579 41 Internet: www.verbraucher-schlichter.de E-mail: mail@verbraucher-schlichter.de