General Terms of Business as Accommodation Agency and Agency for Package Holidays
General Terms of Business of Thüringer Tourismus GmbH (TTG) for accommodation agency services and other tourist services
Dear visitor to Thuringia,
please note the following terms. They govern the agency work of TTG and, if you make a booking, they become part of the accommodation contract made between you (Guest) and the Service Provider, in addition to the statutory regulations.
1. Subject and contracting partner
1.1 TTG acts as an agency for accommodation and other associated subsidiary services (packages) in the name and for the account of third parties, hereinafter called Service Providers. TTG is liable to the Guest exclusively on the basis of the agency contract made in this connection.
1.2 The contract for the services booked is made directly between the Guest and the Service Provider. TTG is not liable for the services to be rendered by the Service Provider or for its service descriptions and classifications or for any defaults in performance that may occur.
2. Booking and entering into the contract
2.1 By making a booking request, the Guest makes a binding offer to the Service Provider for an accommodation contract or other contract. The basis is solely the lists published by TTG with the Service Provider’s service descriptions.
2.2 The booking request can be made by post, fax or telephone or verbally or on the internet. The Guest who books for others or for fellow travellers is liable for all contractual obligations of the participants listed in the booking request.
2.3 The contract is made upon receipt by the Guest of acceptance by TTG, which requires no particular form. This means that verbal and telephone confirmation is also legally binding for the Guest. The making of the contract will be confirmed by immediate forwarding or furnishing of booking confirmation, unless arrival is on the same or next day. Electronic bookings will be confirmed to the Guest immediately by electronic means.
2.4 If the Guest does not wish to make a firm booking immediately or if TTG can, in response to a booking request, suggest several Service Providers or can only suggest providers other than the desired Service Provider, TTG will submit an appropriate written offer by which it is bound for the period stated in said offer. The Guest must notify TTG of acceptance in writing or by fax within the said period. The making of the contract will be confirmed by immediate forwarding of booking confirmation, unless arrival is on the same or next day.
2.5 The legally binding scope and content of the contractual services result solely from booking confirmation. However, the particulars of the services offered are based exclusively on the information supplied by Service Providers and thus do not represent an undertaking made to the Guest by TTG itself. TTG provides no warranties or undertakings relating to the correctness, completeness or up-to-date nature of the information or to the suitability and quality of the services offered.
3. Prices and payment
3.1 The prices quoted in the TTG lists are final prices and include statutory value-added tax and all subsidiary costs, if nothing is stated to the contrary. There may be additional costs for visitors’ tax, tourism and culture dues, charges for services calculated on the basis of consumption (electricity, water, gas, firewood, etc.) and for selected and additional services.
3.2 Despite having made careful checks, TTG accepts no liability for the correctness of the prices quoted. Only the price entered in the offer or booking confirmation is binding for both parties.
3.3 No increase in prices is permitted during the period of application of the lists issued by TTG. This does not include adjustment based on a change in statutory or public-authority dues and taxes.
3.4 Payment of the price entered in booking confirmation for the booked services must be made directly to the Service Provider. The right to specify payment terms (advance payments, non-cash payment, time of payment) is reserved by the Service Provider. The Guest must make advance enquiries directly to the Service Provider about such terms and the binding times of arrival and departure.
4. Cancellation and changes in bookings
4.1 The Guest can cancel the booked services at any time before they are rendered. Notice of cancellation must be given to the Service Provider in writing and must quote the booking number.
4.2 If the contract is cancelled or the booked services are not used, the Service Provider retains the right to payment of the agreed full price. However, the expenses usually saved and the alternative uses of the contractual services usually possible are to be deducted. Both the Guest and the Service Provider have the right to provide evidence of a smaller or greater deduction.
4.3 The Service Provider has the right to charge a flat rate for its compensation claim, taking into consideration the following classification based on the time of cancellation in relation to the date of arrival as a percentage ratio to the total price as given in booking confirmation. The criterion is receipt of the cancellation notice by the Service Provider:
- for holiday flats/holiday houses/packages: 30 % for 44–30 days in advance, 60% for 29–22 days in advance, 80 % for 21 days in advance or less
- for guest houses/bed and breakfast: 25% for 28 – 11 days in advance, 50 % for 10 days in advance or less
The Service Provider has the right to charge lower cancellation fees based on its own General Terms of Business.
4.4 A booking amendment due to a change in Service Provider is deemed to be a cancellation and new booking, so that nos. 4.1 – 4.3 and no. 2 apply. A change in the scope of services, number of participants, time and length of holiday can be made with the booked Service Provider as far as existing capacities permit. However, for a reduction in the scope of services, the Service Provider has claims to compensation as specified in nos. 4.1 – 4.3.
4.5 Until the day of arrival, the Guest can request that a third party be allowed to enter into the contractual rights and obligations instead of said Guest. TTG and the Service Provider can refuse to allow the third party to enter into the contract if he or she does not meet the special requirements of the services booked or such action is contrary to statutory/public-authority rulings.
4.6 TTG recommends that a travel cancellation insurance policy be taken out.
5. Liability for deficiencies and termination
5.1 On the basis of the agency contract, TTG is responsible for the careful processing and forwarding of the Service Providers’ offers and for the forwarding of bookings to Service Providers. However, its liability in this connection is restricted to intent and gross negligence.
5.2 If the rendering of the service is impossible from the onset despite booking confirmation because of so-called double booking, the Guest has a right to provision of an equivalent service at the price quoted in the booking confirmation. If TTG can make an adequate alternative offer, the Guest will not hold any further compensation claims, irrespective of whether he or she accepts this offer or not. If the Guest has already arrived, additional travelling costs are also subject to reimbursement. If TTG cannot make any alternative arrangements, it will be liable to the Guest for the necessary additional costs of booking an equivalent service or, respectively, wasted travelling costs but to no more than the value of the unsuccessful booking confirmation.
5.3 The Guest must report any deficiencies and default in performance immediately to the Service Provider on the spot and require a remedy. It is not adequate to report deficiencies to TTG. If notice of deficiencies is not given through the fault of the Guest, said Guest may lose compensation claims in whole or in part. In addition, when default in performance occurs, the Guest has an obligation to co-operate within the limits of statutory rulings to reduce damage, in particular to avoid foreseeable damage or keep it to a minimum.
The Guest can only terminate the contract in the event of substantial deficiencies or default and only after giving prior notice of deficiencies and allowing the Service Provider a period to remedy the same, unless a remedy is impossible or is refused by the Service Provider or continuation of the stay cannot reasonably be expected by the Guest and the Service Provider recognises this fact.
The Service Provider has the right to specify the above terms in greater detail and to stipulate restrictions of liability based on its own General Terms of Business or house and utilisation regulations.
5.4 The Service Provider is not liable for default in performance of services which were brokered during the Guest’s stay and were clearly identifiable by the Guest as third-party services. The same applies to services brokered when the accommodation was booked and expressly identified as third-party services.
5.5 In the interest of its quality management, TTG requests that information be provided about default in performance which occurs or has occurred in connection with services for which TTG acted as agent.
6. Final terms
6.1 All claims resulting from the agency contract are subject to a time limitation of six months, beginning on the date on which the last booked service was to be rendered according to the contract. If the Guest has submitted claims, limitation is suspended until the date on which TTG rejects the claims in writing.
6.2 The Guest agrees to the storage, processing and forwarding of personal data for all processes associated with said Guest’s booking. TTG gives assurance that there will be compliance with the terms of data protection law.
6.3 Exclusively German law shall apply to all contractual relations between TTG, the Guest and the Service Provider.
6.4 The Guest can only take legal action against TTG or the Service Provider at their respective seat of business. The Guest’s place of residence is the criterion for legal action by TTG or the Service Provider against the Guest, unless legal action is taken against registered traders or persons who have moved their place of residence or habitual abode to a foreign country since entering into the contract. In such cases, TTG’s seat of business constitutes the criterion for the legal venue.
6.5 If any provisions in the above General Terms of Business are ineffective, the effectiveness of the rest of the General Terms of Business will not be prejudiced thereby.
Status: September 2009