Dear Guest,
we appreciate your interest in booking accommodation with a host in the Saxon Switzerland. In the event of the conclusion of a guest accommodation contract, the host and the Saxon Switzerland booking service will use all their strength and experience to make your stay as pleasant as possible. Clear legal agreements regarding your rights and obligations as a guest and the rights and obligations of your host, which are to be agreed with you in the form of the following guest accommodation conditions, also contribute to this. These guest accommodation conditions, insofar as they are effectively agreed upon, will become part of the guest accommodation contract concluded between you and your host in the event of a booking.
Please read these guest accommodation conditions carefully before making your booking.
1. Position of the Saxon Switzerland Booking Service; Scope of these Contract Conditions
1.1. The Saxon Switzerland Booking Service is the operator of the respective websites or publisher of corresponding host directories, catalogs, flyers, or other print and online media, insofar as they are expressly designated as the publisher/operator.
1.2. Insofar as the Saxon Switzerland Booking Service arranges further services of the hosts, which do not constitute a significant part of the total value of the host's services and neither represent a significant feature of the service compilation of the host or the booking service itself, nor are advertised as such, the Saxon Switzerland Booking Service only acts as an agent for accommodation services.
1.3. As an agent, the Saxon Switzerland Booking Service has the status of a provider of linked travel services, insofar as the prerequisites for an offer of linked travel services by the Saxon Switzerland Booking Service are met according to the legal regulations of § 651w BGB.
1.4. Notwithstanding the obligations of the Saxon Switzerland Booking Service as a provider of linked travel services (in particular, handing over the statutory information sheet and implementing customer funds protection in the event of collection activity by the Saxon Switzerland Booking Service) and the legal consequences for non-fulfillment of these statutory obligations, the Saxon Switzerland Booking Service is neither a tour operator nor a contractual partner of the guest accommodation contract concluded in the event of a booking, provided that the conditions according to item 1.2. and item 1.3. are met. Therefore, the Saxon Switzerland Booking Service is not liable for the host’s information on prices and services, for the performance itself, or for performance deficiencies.
1.5. Any liability of the Saxon Switzerland Booking Service arising from the agency contract and from statutory provisions, particularly according to mandatory regulations on tele-services and electronic commerce, remains unaffected by this.
1.6. These terms and conditions apply, insofar as effectively agreed upon, to guest accommodation contracts where the basis of the booking is the host directories, catalogs, or accommodation offers on online platforms published by the Saxon Switzerland Booking Service.
1.7. Hosts remain free to agree with the guest on terms other than these guest accommodation conditions or to make supplementary or deviating agreements to these guest accommodation conditions.
2. Contract Conclusion
2.1. For all types of bookings, the following applies:
a) The basis of the host's offer and the guest's booking are the accommodation description and any supplementary information in the booking basis (e.g., classification explanations), provided these are available to the guest at the time of booking.
b) In accordance with legal obligations, the guest is informed that under the legal provisions (§ 312g paragraph 2 sentence 1 number 9 BGB) for guest accommodation contracts concluded by distance selling (letters, catalogs, phone calls, faxes, emails, messages sent via mobile services (SMS), broadcast, and telemedia), there is no right of withdrawal, but the legal regulations on the non-use of rent-services (§ 537 BGB) apply (see also section 6 of these guest accommodation conditions). However, a right of withdrawal exists if the guest accommodation contract has been concluded outside of business premises unless the oral negotiations, on which the contract conclusion is based, were conducted following a previous order from you as a consumer; in this case, a right of withdrawal also does not exist.
2.2. For bookings made orally, by telephone, in writing, by email, or fax, the following applies:
a) With the booking, the guest bindingly offers the host the conclusion of the guest accommodation contract.
b) The contract is concluded upon receipt of the host's declaration of acceptance (booking confirmation) by the guest. It does not require a specific form, so even oral and telephone confirmations are legally binding for both the guest and the host. Usually, the Saxon Switzerland Booking Service will additionally send the guest a copy of the booking confirmation in text form for oral or telephone booking confirmations. Oral or telephone bookings by the guest result in a binding contract conclusion if a corresponding binding oral or telephone confirmation by the host is given, even if the guest does not receive the additional copy of the booking confirmation in text form.
c) If the host makes a special offer to the guest at his request, this constitutes, contrary to the preceding regulations, a binding contractual offer by the host to the guest, provided that it does not concern non-binding information about available accommodations and prices. In these cases, the contract is concluded without the need for corresponding reconfirmation by the host, if the guest accepts this offer within a period possibly specified in the offer, without restrictions, changes, or extensions, by explicit declaration, down payment, remaining payment, or use of the accommodation.
2.3. For bookings made via the internet, the following applies to contract conclusion:
a) By using the button (option) "book with an obligation to pay," the guest bindingly offers the host the conclusion of the guest accommodation contract. The guest will promptly be notified of the receipt of his booking electronically.
b) The transmission of the contract offer by activating the button "book with an obligation to pay" does not grant the guest any right for the conclusion of a guest accommodation contract corresponding to his booking details. The host is free in his decision to accept or reject the contract offer of the guest.
c) The contract is concluded upon receipt of the booking confirmation by the guest.
d) If the booking confirmation is issued immediately after the guest’s booking by activating the button "book with an obligation to pay" through corresponding display of the booking confirmation on the screen (real-time booking), the guest accommodation contract is concluded with receipt and display of this booking confirmation by the guest. In this case, the guest is offered the possibility to store and print the booking confirmation. However, the validity of the guest accommodation contract is not dependent on the guest utilizing these options for storage or printing. Usually, the guest will additionally receive a copy of the booking confirmation by email, email attachment, post, or fax. The receipt of such an additionally transmitted booking confirmation is not a prerequisite for the legal validity of the guest accommodation contract.
3. Prices and Services
3.1. The prices indicated in the booking basis (host directory, host's offer, internet) are final prices and include statutory VAT and all additional costs, provided nothing else is stated regarding additional costs. Separate charges may apply and are specified
for visitor's tax/spa tax as well as for consumption-related charges (e.g., electricity, gas, water, firewood) and for optional and additional services, booked or used on-site.
3.2. The services owed by the host result exclusively from the content of the booking confirmation, the information about the accommodation, and the services of the host in the booking basis, as well as from any expressly made supplementary agreements with you.
4. Payment
4.1. The due date for down payment and remaining payment is determined by the agreement made between the guest and the host and recorded in the booking confirmation. If no specific agreement is made, the full accommodation price, including the charges for additional costs and additional services, is due at the end of the stay and payable to the host.
4.2. After contract conclusion, the host may request a down payment of up to 20% of the total price of accommodation services and booked additional services, unless otherwise agreed in individual cases concerning the amount of the down payment.
4.3. For stays longer than 1 week, the host may settle and demand payment for past days of stay and for additional services (e.g., food services not included in the accommodation price, minibar withdrawals) after the end of those weeks.
4.4. Payments in foreign currencies are not permitted. Credit card payments are only permissible if agreed upon or generally offered by the host through a notice. Payments at the end of the stay cannot be made by transfer.
4.5. If the guest does not make a stipulated down payment and/or the remaining payment despite reminder by the host and an adequate deadline set, within the specified period, although the host is ready and able to provide the contractual services properly, and no legal or contractual right to offset or retain exists, and if the guest is responsible for the delay in payment, then the host is entitled to withdraw from the contract with the guest after reminder with deadline and after expiration of the deadline and to demand cancellation fees according to item 6 of these conditions.
5. Arrival and Departure
5.1. The guest must arrive at the agreed time, and without special arrangements, no later than 6:00 PM.
5.2. For late arrivals, the following applies:
a) The guest is obliged to inform the host by no later than 6:00 PM or at the agreed arrival time if arriving late or if they plan to only occupy the booked accommodation on a subsequent day in the case of multi-day stays.
b) If timely notification is not provided, the host is entitled to allocate the accommodation elsewhere. For the duration of non-occupation, the provisions regarding cancellation or non-arrival by the guest as per these guest accommodation terms apply accordingly.
c) For periods of occupancy where the guest does not use the accommodation due to late arrival, the provisions of cancellation or non-arrival by the guest in these guest accommodation terms apply accordingly. The guest need not pay for such periods of occupancy if the host is contractually or legally responsible for the reasons for the late arrival or non-occupation.
5.3. The accommodation must be vacated by the agreed time, and without special arrangements, by no later than 10:00 AM on the departure day. In case of untimely vacating of the accommodation, the host may demand a corresponding additional fee. The host reserves the right to claim further damages. A right to use the host's facilities after 10:00 AM on the departure day exists only in the case of a respective general notice by the host or a specific agreement made with them.
6. Cancellation and No-Show
6.1. In the event of cancellation or no-show by the guest, the host's claim to payment of the agreed accommodation price, including the meal component and fees for additional services, remains. This does not apply if the host has granted the guest a free cancellation right in individual cases and the host receives the guest's declaration of exercising this free cancellation right in a timely manner, which does not need to be in any specific form.
6.2. The host must attempt to allocate the accommodation otherwise as part of his regular business without obligation to make special efforts and considering the distinctive character of the booked accommodation (e.g., non-smoking room, family room).
6.3. If it is possible for the host to allocate the accommodation otherwise for the period booked by the guest, he will offset the revenues from such an alternative allocation against his claim under item 6.1, and, if not possible, deduct saved expenses.
6.4. According to the percentages recognized by jurisprudence for estimating saved expenses, the guest must pay the host the following amounts, each in relation to the total price of accommodation services (including all additional costs) but excluding visitor’s contributions:
for vacation apartments/accommodations without meals 90%
for bed and breakfast 80%
for half-board 70%
for full board 60%
6.5. It is expressly reserved for the guest to prove to the host that the saved expenses are substantially higher than the deductions considered above, or that another use of accommodation services or other services has occurred. In case of such proof, the guest is only obligated to pay the correspondingly lower amount.
6.6. The guest is strongly advised to take out travel cancellation insurance.
6.7. The cancellation declaration for all bookings must be made to the respective booking office of the Saxon Switzerland Booking Service and should be made in writing in the guest's interest.
7. Responsibilities of the Guest; Termination by the Guest; Bringing Pets
7.1. The guest is required to observe any house rules or farm regulations known to them or which they could reasonably have been made aware of through existing indications.
7.2. The guest is obligated to notify the host immediately of any defects or disturbances and request a remedy. If the guest fails to notify such defects through their fault, the guest's claims against the host may expire in whole or in part.
7.3. The guest may only terminate the contract for significant defects or disturbances. The guest must first set the host a reasonable period for remedy as part of the defect notification process unless the remedy is impossible, refused by the host, or the immediate termination is objectively justified by a special, recognizable interest of the guest, or continuing the stay is objectively unreasonable for the guest for such reasons.
7.4. Bringing and accommodating pets in the accommodation is only permissible if expressly agreed upon when the host provides for this option in the description. The guest must give truthful information about the type and size as part of such agreements. Violations of this can entitle the host to the extraordinary termination of the guest accommodation contract.
8. Liability Limitation
8.1. The host is fully liable, - if the damage results from the violation of an essential obligation whose fulfillment makes the proper execution of the contract possible in the first place, or whose breach endangers the achievement of the contract purpose - if the damage results from the violation of life, body, or health.
In other respects, the host's liability is limited to damage caused by the host or his vicarious agents intentionally or with gross negligence.
8.2. The host’s potential innkeeper liability for items brought in according to §§ 701 ff. BGB remains unaffected by this regulation.
8.3. The host is not liable for disruptions to services relating to services, which are clearly provided as third-party services mediated on behalf of the guest during the stay (e.g., excursions, admission tickets, transportation service tickets, sporting events, theater visits, exhibitions, etc.). The same applies to third-party services that are arranged by the host together with the booking of the accommodation, insofar as they are expressly marked as third-party services in the description or booking confirmation.
9. Special Regulations in Connection with Pandemics (especially the Coronavirus)
9.1. The parties agree that the agreed services by the respective host will always be provided in compliance with and according to applicable official requirements and regulations at the respective time of travel.
9.2. The guest agrees to comply with reasonable usage regulations or restrictions from the Saxon Switzerland Booking Service and the hosts when using services and to immediately notify the host in case of typical disease symptoms.
10. Choice of Law and Jurisdiction
10.1. Only German law applies to the contractual relationship between the host and the guest. The same applies to the otherwise legal relationship.
10.2. The guest can only sue the host at the host's seat.
10.3. For lawsuits by the host against the guest, the guest's residence is decisive. For lawsuits against guests who are merchants, legal entities of public or private law, or persons with their residence/business seat or habitual abode abroad, or whose residence/business seat or habitual abode is unknown at the time of the lawsuit, the venue is the host's seat.
10.4. The above provisions do not apply if and insofar as applicable non-mandatory provisions of the European Union or other international provisions apply to the contract.
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© Copyright protected; Noll | Hütten | Dukic Attorneys, Munich | Stuttgart, 2024