General Terms and Conditions

Guest accommodation conditions

The current guest accommodation conditions of Hochschwarzwald Tourismus GmbH

The following terms and conditions, insofar as they have been validly agreed, form part of the guest accommodation/accommodation contract concluded between the guest and the host in the event of a booking and, in addition to the statutory provisions, govern the contractual relationship between the guest and the host and the agency activities of Hochschwarzwald Tourismus GmbH, hereinafter abbreviated to "HTG". Please read these terms and conditions carefully.

1 Position of HTG and conclusion of contract

1.1 Unless otherwise expressly agreed, HTG merely acts as an agent. It is not liable for the information provided by the host regarding prices and services. Any liability of HTG arising from the agency contract remains unaffected.

1.2 By making a booking, the Guest makes a binding offer to the Host to conclude the accommodation contract, if necessary after the Host has previously provided non-binding information about the accommodation and its current availability. This offer is based on the description of the accommodation and the supplementary information in the booking basis (e.g. location description, classification explanations), insofar as these are available to the guest at the time of booking. Unless otherwise agreed, the guest is bound to his booking (his contractual offer) for 3 working days.

1.3 The Guest may make a booking using any of the booking methods offered by the Host, i.e. verbally, in writing, by telephone, fax or electronically (e-mail, Internet). In the case of electronic bookings, receipt of the booking shall be confirmed to the Guest immediately by electronic means.

1.4 The contract is concluded upon receipt of the declaration of acceptance (booking confirmation) from the host. The declaration of acceptance does not require any particular form, so that verbal and telephone confirmations are also legally binding for the guest and the host.

1.5 As a rule, the Host or HTG on behalf of the Host shall send a written copy of the booking confirmation to the Guest in the case of verbal or telephone bookings. However, the legal validity of the accommodation contract for such bookings does not depend on the receipt of the written copy of the booking confirmation.

1.6 If the Host does not issue a binding booking confirmation in response to a corresponding request from the Guest, but instead submits a binding offer to the Guest, the contract shall be legally binding if the Host receives the Guest's declaration of acceptance without any additions, restrictions or other changes within a form and period specified by the Host in the offer, if applicable.

Guest accommodation and agency conditions

2 Payment

2.1 The due date of the down payment and final payment shall be based on the arrangement made with the guest or the client and noted in the booking confirmation. If no special agreement has been made, the entire accommodation price, including the charges for ancillary costs and additional services, is due for payment at the end of the stay and must be paid to the Host.

2.2 The host may demand a deposit after conclusion of the contract. Unless otherwise agreed in individual cases, this shall amount to 15% of the total price of the accommodation service and any additional services booked.

2.3 If the guest fails to make an agreed down payment or fails to make it in full despite a reminder from the host setting a deadline, the host shall be entitled to withdraw from the contract with the guest and charge the guest cancellation costs in accordance with Section 6 of these terms and conditions, provided that the host is willing and able to provide the contractual services and provided that the guest has no statutory or contractual right of retention.

3 Cancellation and no-show

3.1 In the event of withdrawal, the Host's entitlement to payment of the agreed price of the stay, including the catering portion and the charges for additional services, shall remain in force. The Host shall endeavor to find another use for the accommodation in the ordinary course of business, without obligation to make any special efforts and taking into account the special nature of the booked accommodation (e.g. non-smoking rooms, family rooms).

3.2 The Host shall take into account any other occupancy and, if this is not possible, any expenses saved.

3.3 According to the percentages recognized by case law for the assessment of saved expenses, the guest or the client must pay the following amounts to the host, in each case in relation to the total price of the accommodation services (including all ancillary costs), but without taking into account any taxes for tourist tax:
For vacation apartments/accommodation - without meals: 90% - For bed and breakfast: 80% - For half board: 70% - For full board: 60%

3.4 The guest/client expressly reserves the right to prove to the host that the expenses saved are significantly higher than the deductions taken into account above, or that the accommodation services or other services have been used for other purposes. In the event of such proof, the guest or the client shall only be obliged to pay the correspondingly lower amount.

3.5 The conclusion of travel cancellation insurance is strongly recommended.

3.6 For booking reasons, the declaration of withdrawal must be addressed to the host, not to HTG, and should be made in writing in the interest of the guest.

4 Obligations of the customer, termination by the host

4.1 The guest is obliged to notify the host immediately of any defects and faults and to demand remedy. A notification of defects that is only made to HTG is not sufficient. If the Guest culpably fails to report defects, the Guest's claims may be forfeited in whole or in part.

4.2 The guest may only terminate the contract in the event of significant defects or disruptions. The guest must first set the host a reasonable period of time to remedy the defect, 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 the continuation of the stay is objectively unreasonable for the guest for such reasons.

5. limitation of liability

The host is not liable for disruptions to services in connection with services that are recognizably provided to the guest/client during the stay as third-party services (e.g. sporting events, theater visits, exhibitions, etc.). The same applies to third-party services that are already arranged together with the booking of the accommodation, insofar as these are expressly identified as third-party services in the description or booking confirmation.

6 Limitation period

6.1 Contractual claims of the guest/client against the host or HTG arising from injury to life, body or health, including contractual claims for compensation for pain and suffering, which are based on their negligent breach of duty or an intentional or negligent breach of duty by their legal representatives or vicarious agents, shall become statute-barred after three years. This also applies to claims for compensation for other damages that are based on a grossly negligent breach of duty by the host or HTG or on an intentional or grossly negligent breach of duty by their legal representatives or vicarious agents.

6.2 All other contractual claims are subject to a limitation period of one year.

6.3 The limitation period according to the above provisions shall commence at the end of the year in which the claim arose and the guest/client becomes aware of the circumstances giving rise to the claim and the host or HTG as the debtor becomes aware of them or should have become aware of them without gross negligence. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of declaration, the next working day shall take the place of such a day.

6.4 If negotiations are pending between the guest and the host or HTG regarding asserted claims or the circumstances justifying the claim, the limitation period shall be suspended until the guest or the host or HTG refuses to continue the negotiations. The aforementioned limitation period of one year shall commence at the earliest 3 months after the end of the suspension.

7 Choice of law and place of jurisdiction

7.1 The contractual relationship between the guest or the client and the host or HTG shall be governed exclusively by German law. The same applies to other legal relationships.

7.2 The guest or the client can only sue the host or HTG at their registered office.

7.3 The domicile of the customer is decisive for legal actions of the host or HTG against the guest or client. For actions against guests or clients who are merchants, legal entities under public or private law or persons who have their place of residence/business or habitual abode abroad, or whose place of residence/business or habitual abode is unknown at the time the action is filed, the place of jurisdiction shall be the registered office of the host.

7.4 The above provisions shall not apply if and insofar as the contract is governed by non-mandatory provisions of the European Union or other international provisions.