GENERAL TERMS AND CONDITIONS FOR TOUR OPERATORS

(INDIVIDUAL TRAVELERS AND TOUR GROUPS)

1 SCOPE AND DEFINITIONS
1.1 These terms and conditions apply to all contracts concluded between the hotel and a tour operator for hotel services for individual travelers and / or tour groups (hotel accommodation contract). They do not apply to bookings of rooms or room allotments for events such as conferences, seminars and the like.
1.2 The term “hotel accommodation contract” includes or replaces the following terms: reservation contract, allotment contract, accommodation, guest accommodation, hotel and hotel room contract.
1.3 Hotel services are all services agreed between the tour operator and the hotel and to be provided by the hotel, such as hotel rooms, catering arrangements and other offers.
1.4 The tour operator’s customers for whom hotel services are booked are hereinafter referred to as “individual travelers” or “travel groups” (collectively also “guests”). A travel group consists of at least 15 people who are uniformly organized for a common travel purpose and usually arrive and depart on the same days.
1.5 General terms and conditions of the tour operator only apply if this has been expressly agreed in advance.

2 CONCLUSIONS OF CONTRACT AND LIMITATION OF LIMITATIONS
2.1 The contract is concluded when the hotel accepts the tour operator’s application. The hotel is free to confirm the booking in writing.
2.2 All claims against the hotel generally become statute-barred one year from the start of the statutory limitation period. This does not apply to claims for damages and other claims, provided the latter are based on an intentional or grossly negligent breach of duty by the hotel.

3 RIGHTS AND OBLIGATIONS OF THE TOUR OPERATOR
3.1 The tour operator is obliged to notify the hotel of its booking status as early as possible or upon request. However, the hotel must be informed of this no later than 30 days before the day of arrival. At the same time, the hotel must be given all necessary information about the hotel services in accordance with Section 1.3.
3.2 The tour operator is obliged to pay the agreed or, if nothing has been agreed, the stated or customary hotel prices for the hotel services in accordance with Section 1.3 and the other services used by him. This also applies to services directly from the tour operator or from the hotel, which are provided by third parties and disbursed by the hotel.
3.3 The guests are only entitled to the hotel services in accordance with Section 1.3. The tour operator is obliged to inform its guests about this and to oblige them to provide adequate security for any use of additional services at the hotel’s request, for example by providing credit card guarantees. This also applies to guests who are holders of a voucher. If the guest does not provide security despite a request from the hotel and the guest does not pay, the services used must be paid for by the tour operator.
3.4 The tour operator must inform his guests about all circumstances and conditions relevant to their stay, in particular about the hotel’s liability rules in accordance with Section 8.
3.5 For all questions related to the care of the tour operator’s travel group, the tour operator will, at the hotel’s request, name a contact person who will represent this travel group.

4 RIGHTS AND OBLIGATIONS OF THE HOTEL
4.1 The hotel is entitled to request an appropriate advance payment or security deposit from the tour operator upon conclusion of the contract, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed in text form in the contract. The hotel must confirm receipt of an advance payment or security deposit.
4.2 In justified cases, for example arrears in payment by the tour operator or expansion of the scope of the contract, the hotel is entitled, even after the conclusion of the contract up to the start of the stay, to make an advance payment or a security deposit within the meaning of Section 4.1 above or an increase in the advance payment or security deposit agreed in the contract to the full to demand the agreed remuneration.
4.3 The hotel is not entitled to unilaterally make changes to the agreed hotel services. Changes are only effective with the consent of the tour operator.
4.4 The tour operator is not entitled to the provision of specific rooms, unless this has been expressly agreed.
4.5 Booked rooms are available to the tour operator from 3:00 p.m. on the agreed arrival date. This has no right to earlier availability.
4.6 On the agreed departure date, the rooms must be vacated and made available to the hotel no later than 11:00 a.m. Thereafter, due to the late vacating of the room, the hotel can charge 50% of the full accommodation price (list price) for use beyond the contract until 3:00 p.m. and 90% from 3:00 p.m. This does not justify contractual claims of the tour operator. He is free to prove that the hotel has no or a significantly lower claim to usage fee.

5 PRICES, PAYMENT, SET-OFF
5.1 The agreed prices include the taxes and local duties applicable at the time the contract is concluded, unless prices without sales tax have been expressly agreed. It does not include local taxes that are owed by the hotel guest according to local law, such as visitor’s tax. In the event of a change in statutory sales tax or the introduction, change or abolition of local taxes on the object of performance after the contract has been concluded, the prices will be adjusted accordingly.
5.2 The agreed prices apply exclusively in connection with other services that are offered to the end customer in a service package. They may not be offered to end customers or third parties as single prices for single overnight stays (non-packages) in distribution channels (especially online). The tour operator is obliged to subject all his other partners and intermediaries to this clause as well.
5.3 Hotel invoices without a due date are payable within seven days of receipt of the invoice without deduction. The hotel can demand immediate payment of due claims from the tour operator at any time. In the event of default in payment, the statutory regulations apply. The hotel reserves the right to provide evidence of higher damage.
5.4 The tour operator can only offset or offset an undisputed or legally binding claim against a claim by the hotel.
5.5 Agreements on the possible payment of the commission (also “commission”) are to be made either in the hotel accommodation contract or in an agreement to be concluded at the same time. If more than one tour operator is responsible for the same booking, the hotel only has to pay the commission once.

6 WITHDRAWAL BY THE TOUR OPERATOR (CANCELLATION, ANNULMENT) / FAILURE TO USE THE HOTEL’S SERVICES (NO SHOW)
6.1 For single travelers:
6.1.1 The tour operator can only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as the possible consent to a contract cancellation should be made in writing.
6.1.2 If an appointment has been agreed between the hotel and the tour operator to withdraw from the contract free of charge, the tour operator can withdraw from the contract until then without triggering payment or damage claims by the hotel. The tour operator’s right of withdrawal expires if he does not exercise his right to withdraw from the hotel by the agreed date.
6.1.3 If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination and the hotel does not agree to a cancellation of the contract, the hotel retains the right to the agreed remuneration despite not using the service. The hotel must credit the income from renting the rooms to other parties and the expenses saved. If the rooms are not rented to someone else, the hotel can apply a flat-rate deduction for saved expenses. In this case, the tour operator is obliged to pay at least 90% of the contractually agreed price for accommodation with or without breakfast as well as for all-inclusive arrangements with third-party services, 70% for half-board and 60% for full-board arrangements. The tour operator is free to prove that the above-mentioned claim did not arise or did not arise in the required amount.
6.2 For travel groups:
6.2.1 Unless a different right of withdrawal has been expressly agreed in the contract, there is no other statutory right of withdrawal or the hotel does not expressly consent to the cancellation of the contract, withdrawal is only possible in accordance with the following conditions. The agreement of a different right of withdrawal as well as any consent to a contract cancellation should be made in text form.
6.2.2 The tour operator is entitled to withdraw from the contract for tour groups in accordance with Section 1.4:
– up to 90 days before arrival of 100% of the agreed total volume,
– up to 60 days before arrival of 50% of the agreed total volume,
– up to 30 days before arrival of 25% of the agreed total volume.
6.2.3 The right of withdrawal can only be exercised once. The day of arrival is not included in the calculation of the deadline.
6.2.4 The tour operator’s right of withdrawal expires if he does not exercise this by the agreed date.
6.2.5 If a right of withdrawal has not been agreed or has already expired, the withdrawal takes place at a later point in time or to a greater extent than the contractually permitted extent, there is also no statutory right of withdrawal or termination and the hotel does not agree to a contract cancellation, the hotel retains the Entitlement to the agreed remuneration despite not using the service. The hotel must credit the income from renting the rooms to other parties and the expenses saved. If the rooms are not rented to someone else, the hotel can apply a flat-rate deduction for saved expenses. In this case, the tour operator is obliged to pay at least 90% of the contractually agreed price for overnight stays with or without breakfast and for flat-rate arrangements with third-party services, 70% for half-board and 60% for full-board arrangements. The tour operator is free to prove that the above-mentioned claim did not arise or did not arise in the required amount.

7 WITHDRAWAL BY THE HOTEL
7.1 For individual travelers:
7.1.1 If it has been agreed that the tour operator can withdraw from the contract in whole or in part free of charge within a certain period of time, the hotel is entitled within this period to withdraw from the contract to the same extent if inquiries from third parties about the contractually booked
Rooms are available and insofar as the tour operator does not waive his right to rescission upon request of the hotel with a reasonable deadline.
7.1.2 If an advance payment or security deposit agreed or requested in accordance with Clause 4.1 and / or Clause 4.2 is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.
7.1.3 Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for an objectively justified reason, especially if
– Force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
– rooms or rooms are culpably booked with misleading or false information or with concealment of essential facts; The identity of the tour operator or the guest, the ability to pay or the purpose of the stay can be essential;
– the hotel has justified cause to believe that the use of the service could endanger the smooth business operations, the security or the reputation of the hotel in public without this being attributable to the hotel’s sphere of control or organization;
– the purpose or the reason for the stay is illegal.
7.1.4 The justified withdrawal by the hotel does not justify the tour operator’s claim for damages.
7.2 For travel groups:
7.2.1 If it has been agreed in the contract that the tour operator can withdraw from the contract in whole or in part free of charge within a certain period, the hotel is entitled within this period to withdraw from the contract to the same extent if third parties inquire about the. There are contractually booked rooms and if the tour operator does not waive his right to withdraw from the contract upon request of the hotel with a reasonable deadline.
7.2.2 The hotel is also entitled to partially withdraw from the contract free of charge to the same extent as the tour operator within the deadlines specified in 6.2.2, if the tour operator does not waive his right to withdraw from the contract.
7.2.3 If an advance payment or security deposit agreed or requested in accordance with section 4.1 and / or section 4.2 is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.
7.2.4 If the contractual obligation to provide information on the booking status as set out in Section 3.1 Clause 2 is not fulfilled or not fulfilled on time, the hotel is also entitled to withdraw from the contract. The hotel also has a right of withdrawal in the event that the number of guests booked as a travel group is reduced to less than 15 (loss of group status in accordance with section 1.4).
7.2.5 Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for an objectively justified reason, especially if
– Force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
– rooms or rooms are culpably booked with misleading or false information or with concealment of essential facts; The identity of the tour operator or the guest, the ability to pay or the purpose of the stay can be essential;
– the hotel has justified cause to believe that the use of the service could endanger the smooth business operations, the security or the reputation of the hotel in public without this being attributable to the hotel’s sphere of control or organization;
– the purpose or the reason for the stay is illegal.
7.2.6 The justified withdrawal by the hotel does not give the tour operator a claim for damages.

8 LIABILITY OF THE HOTEL
8.1 The hotel is liable for damage to the body, life or health for which it is responsible. Furthermore, it is liable for other damages based on an intentional or grossly negligent breach of duty by the hotel or an intentional or negligent breach of typical contractual obligations by the hotel. A breach of duty by the hotel is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise regulated in this section 8. Should disruptions or deficiencies in the hotel’s services occur, the hotel will endeavor to remedy the situation if it becomes aware of this or if the tour operator or guest immediately complains about it. The tour operator or guest is obliged to do what is reasonable for them to remedy the disruption and to keep possible damage to a minimum.
8.2 The hotel is liable to the guest for items brought in according to the statutory provisions. The hotel recommends using the hotel or room safe. If the guest wishes to bring in money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a separate storage agreement with the hotel.
8.3 If the tour operator is provided with a parking space in the hotel garage or on the hotel car park, even for a fee, this does not result in a safekeeping agreement. In the event of loss of or damage to vehicles parked or maneuvered on the hotel property and their contents, the hotel is only liable in accordance with the preceding section 8.1, sentences 1 to 4.
8.4 Wake-up calls are carried out by the hotel with great care. Messages, mail and deliveries of goods for guests are handled with the greatest care. The hotel will deliver, store and – on request – forward the same for a fee. The hotel is only liable in accordance with the preceding section 8.1, sentences 1 to 4.

9 FINAL PROVISIONS
9.1 Changes and additions to the contract, the acceptance of applications or these General Terms and Conditions should be made in text form. Unilateral changes or additions by the tour operator are ineffective.
9.2 The place of fulfillment and payment as well as the exclusive place of jurisdiction – also for check and bill of exchange disputes – is in commercial transactions Bad Windsheim – Neustadt an der Aisch. If a contractual partner fulfills the requirements of § 38 Paragraph 2 ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is Bad Windsheim – Neustadt an der Aisch.
9.3 German law applies. The application of the UN sales law and the conflict of laws is excluded.
9.4 Should individually provisions of these general terms and conditions be or become ineffective or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply