Terms and Conditions

HOST ACCOMMODATION AND BOOKING TERMS AND CONDITIONS in the Maifeld Vacation Region

The following Terms and Conditions for Accommodation and Booking Services apply to contracts for accommodations with hosts in the Maifeld vacation region and to the booking services provided by the Maifeld Tourist Office (Maifeld Municipal Association Administration).
The Maifeld Tourist Office, hereinafter referred to as the “Tourist Office,” arranges accommodations provided by hosts and private landlords (hotels, inns, guesthouses, private rooms, and vacation apartments), hereinafter collectively referred to as “hosts,” in the Maifeld vacation region in accordance with the current offerings. The following terms and conditions, to the extent they are validly agreed upon, form part of the guest accommodation contract concluded between the guest and the host upon booking and, in addition to the statutory provisions, govern the contractual relationship between the guest and the host as well as the Touristik-Büro’s role as an intermediary. Please therefore read these terms and conditions carefully.

1. Role of the Tourist Office; Scope of These Terms and Conditions of Accommodation

1.1. The following applies to all contracts:

a) The tourism office is the operator of the respective websites or the publisher of corresponding host directories, catalogs, flyers, or other print media and online platforms, to the extent that it is expressly designated as the publisher/operator therein.

b) To the extent that the Tourism Office arranges services provided by the host (accommodation, meals, and the host’s own ancillary services) that do not constitute a significant portion of the total value of the host’s services and neither constitute an essential feature of the host’s or the Tourismoffice itself, nor are they advertised as such, the Tourism Office acts solely as an intermediary.

c) As an intermediary, the travel agency acts as an intermediary or provider of linked travel arrangements to the extent that, pursuant to the statutory provisions of § 651w of the German Civil Code (BGB), the travel agency meets the requirements for offering linked travel arrangements.

d) Notwithstanding the tourism office’s obligations as a provider of bundled travel services (in particular, the provision of the legally required form and the implementation of customer funds protection in the event that the tourism office engages in collection activities) and the legal consequences of failing to fulfill these statutory obligations, the Touristik-Büro is, in the event that the conditions under b) or c) are met, neither a tour operator nor a contracting party to the guest accommodation contract that comes into effect upon booking. It is therefore not liable for the host’s information regarding prices and services, for the provision of services itself, or for any defects in service.

1.2. These Terms and Conditions of Accommodation apply, to the extent validly agreed, to all accommodations booked based on the host directory published by the Tourism Office, or to bookings made based on the corresponding offers on the Internet.

1.3. Hosts reserve the right to agree with the guest, on a case-by-case basis, on different terms and conditions of accommodation or provisions that deviate from or supplement the following terms and conditions of accommodation.

2. Conclusion of the Contract, Travel Agents, Information in Hotel Guides; Notice Regarding the Right of Withdrawal

2.1 By making a booking—in some cases following prior non-binding information provided by the host regarding their accommodations and their current availability—the guest makes a binding offer to the host to conclude the accommodation contract. This offer is based on the description of the accommodation and the supplementary information in the booking details (e.g., location description, classification explanations), to the extent that this information is available to the guest at the time of booking.

2.2 The guest may make a reservation through any of the booking channels offered by the host, i.e., verbally, in writing, by telephone, by fax, or by email.

2.3 The contract is concluded upon receipt of the declaration of acceptance (booking confirmation) from the host or the tourism office acting as the host’s representative. The declaration of acceptance does not require any specific form, meaning that verbal and telephone confirmations are also legally binding for both the guest and the host.

2.4 In accordance with legal obligations, the guest is advised that, pursuant to statutory provisions (§ 312g(2), sentence 1, item 9 of the German Civil Code (BGB)), for lodging contracts concluded through distance selling (letters, catalogs, phone calls, emails, messages sent via mobile phone services (SMS), or similar) or outside of business premises, there is no right of withdrawal; rather, only the statutory provisions regarding the non-use of lodging services (§ 537 BGB) apply (see also Section 6 of these Terms and Conditions of Accommodation).

2.5 As a general rule, the host will provide the guest with a written copy of the booking confirmation for verbal or telephone bookings. However, the legal validity of the accommodation contract for such bookings does not depend onreceipt of the written copy of the booking confirmation.

2.6 To the extent that the host, or the tourism office acting as its agent, offers the option of making a binding reservation and arranging accommodation through the conclusion of an electronic contract via an internet platform, the following applies to the conclusion of this contract:

a) The online booking process is explained to the customer through appropriate instructions. German is the sole language available for the contract.

b) The customer may, at any time, correct or delete individual details or reset the entire online booking form using a correction option explained to them during the booking process.

c) After the customer has selected the desired lodging services and entered their personal data, all data—including all essential information regarding prices, services, booked additional services, and any travel insurance booked—will be displayed. The customer has the option to cancel the entire booking or start over.

d) By clicking the “Book with Payment” button, the customer makes a binding offer to the host to enter into a lodging contract. Clicking this button therefore results in the conclusion of a binding accommodation contract subject to payment if a booking confirmation is received from the host or the travel agency acting as an intermediary within the binding period. Making the online booking and clicking the “Book with Obligation to Pay” button does not establish the customer’s right to the formation of a lodging contract. The host is free to accept or reject the customer’s offer to enter into a contract (the booking).

e) If a booking confirmation is not provided in real time, the host or the tourism office, acting as an intermediary, shall immediately confirm receipt of the booking to the customer electronically. This acknowledgment of receipt does not constitute a booking confirmation and does not establish any right to the formation of a lodging contract in accordance with the customer’s booking request.

f) The accommodation contract is concluded upon the customer’s receipt of the booking confirmation, which the host or the tourism office, acting as an intermediary, sends to the customer in the form specified in the booking process—via email, fax, or mail.

2.7 If the content of the booking confirmation differs from the content of the booking, this constitutes a new offer from the host. The contract is concluded on the basis of this new offer when the guest declares acceptance by means of an explicit statement, payment of a deposit or the balance, or by taking possession of the accommodation.

2.8 Travel agents and booking agencies are not authorized to make agreements, provide information, or make representations that alter the agreed-upon terms of the contract, go beyond the services contractually promised by the host, or contradict the host’s description of the accommodations and services.

2.9 Information contained in hotel guides and similar directories that are not published by the tourism office or the host is not binding on the host or its obligation to provide services, unless it has been made part of the host’s obligation to provide services through an express agreement with the guest.

3. Non-Binding Reservations

3.1 Reservations that are non-binding for the guest—and from which the guest may withdraw free of charge—are possible only if expressly agreed upon with the tourism office or the host.

3.2 If no non-binding reservation for the guest has been expressly agreed upon, the booking pursuant to Section 2. (Conclusion of the Contract) of these Terms and Conditions generally results in a legally binding contract between the host and the guest/client.

3.3 If a non-binding reservation for the guest has been agreed upon, the host is obligated to keep the desired accommodations available for the guest’s booking until the agreed-upon time. The guest must notify the tourism office or the host by this time if the reservation is to be treated as a booking that is also binding on the guest. If this is not done, the reservation is canceled without any further obligation on the part of the tourism office or the host to provide notice. If the notification is provided in a timely manner, a legally binding accommodation contract between the host and the guest comes into effect upon the host’s receipt of the notification.

4. Prices and Services, Changes to Reservations

4.1 The prices listed in the brochure are final prices and include statutory value-added tax and all ancillary costs, unless otherwise specified with regard to ancillary costs. Tourist taxes, as well as charges for services billed based on consumption (e.g., electricity, gas, water, firewood) and for optional and additional services, may be charged separately and must be itemized.

4.2 The services owed by the host are determined exclusively by the content of the booking confirmation in conjunction with the valid brochure or the property description, as well as by any supplementary agreements expressly made with the guest/client. The guest/client is advised to put any supplementary agreements in writing.

4.3 For rebookings (changes regarding the type of accommodation, the arrival and departure dates, length of stay, meal plan, booked additional services, and other supplementary services)—for which there is no legal entitlement to their implementation—the host may charge a rebooking fee of €15 per change. This does not apply if the change is only minor.

5. Payment

5.1 The due dates for the deposit and the balance are governed by the terms agreed upon with the guest or the client and noted in the booking confirmation. Unless a specific agreement has been made, the total accommodation price, including fees for ancillary costs and additional services, is due at the end of the stay and must be paid to the host.

5.2 The host may require a deposit after the contract is concluded. Unless otherwise agreed in individual cases, the deposit amounts to 15% of the total price of the lodging and any booked additional services.

5.3 Payments in foreign currencies and by certified check are not accepted. Credit card and debit card payments are only accepted if this has been agreed upon or is generally offered by the host via a posted notice. Payments at the end of the stay cannot be made by bank transfer.

5.4 If the guest fails to make an agreed-upon down payment—or fails to make it in full—despite a reminder from the host setting a deadline, the host, 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, is entitled to withdraw from the contract with the guest and to charge the guest cancellation fees in accordance with Section 6 of these Terms and Conditions. The host is not entitled to these rights if the guest is not at fault for the delay in payment.

6. Cancellation and No-Show

6.1 In the event of cancellation or no-show, the host’s claim to payment of the agreed-upon accommodation price, including the meal portion and fees for additional services, remains valid.

6.2 The host must, within the scope of its normal business operations, without any obligation to make special efforts, and taking into account the specific nature of the booked accommodation (e.g., non-smoking rooms, family rooms), endeavor to find another guest for the accommodation.

6.3 The host is entitled to offset the cost of alternative occupancy and, if this is not possible, the expenses saved.

6.4 Based on the percentages recognized by case law for calculating saved expenses, the guest or the client must pay the host the following amounts, each calculated as a percentage of the total price of the lodging services (including all ancillary costs), but excluding any public levies such as tourist taxes or visitor’s taxes:

For vacation rentals/accommodations without meals: 90%

For overnight stay with breakfast: 80%

For half-board: 70%

For full board: 60%

6.5 The guest or the client expressly reserves the right to provide the host with evidence that the expenses they saved are significantly higher than the deductions taken into account above, or that the lodging services or other services were used for other purposes. If such proof is provided, the guest or the client is only obligated to pay the correspondingly lower amount.

6.6 Taking out travel cancellation and trip interruption insurance is strongly recommended.

6.7 For administrative reasons, the notice of cancellation must be sent to the tourism office (not to the host) and, in the guest’s best interest, should be provided in writing.

7. Arrival and Departure

7.1 The guest must arrive at the agreed-upon time; unless otherwise agreed, this must be no later than 6:00 p.m.

7.2 The following applies to late arrivals:
The guest is obligated to notify the host no later than the agreed-upon arrival time if they will arrive late or, in the case of stays lasting several days, if they intend to check in on a subsequent day. If such notice is not provided in a timely manner, the host is entitled to rent the accommodation to another party. The provisions in Section 6 apply accordingly for the period during which the accommodation remains unoccupied. If the guest notifies the host of a later arrival, the guest must pay the agreed-upon fee—less any expenses saved by the host in accordance with Sections 6.4 and 6.5—even for the period of occupancy not utilized, unless the host is contractually or legally responsible for the reasons for the delayed arrival.

7.3 The guest must vacate the accommodation by the agreed time; unless otherwise agreed, this must be no later than 12:00 p.m. on the day of departure. If the guest fails to vacate the accommodation by the specified time, the host may demand additional compensation accordingly. The host reserves the right to claim further damages.

8. Guest’s Obligation to Report Defects, Bringing Animals, Termination by the Host

8.1 The guest is obligated to immediately report any defects or disruptions to the host and to request that they be remedied. A report of defects made solely to the tourist office is not sufficient. If the guest fails to report defects through their own fault, the guest’s claims may be waived in whole or in part.

8.2 The guest may terminate the contract only in the event of significant defects or disruptions. The guest must first set the host a reasonable deadline for remedying the issue as part of the notice of defects, unless remedy is impossible, is refused by the host, or immediate termination is objectively justified by a special interest of the guest that is apparent to the host, or for such reasons it is objectively unreasonable for the guest to continue the stay.

8.3 The following applies to bringing pets:
Pets may only be brought and accommodated in the lodging if there is an express agreement to that effect and if the host provides for this possibility in the listing. Under such agreements, the guest is obligated to provide truthful information regarding the type and size of the pet. Violations of this provision may entitle the host to terminate the lodging agreement for cause. Bringing pets without prior notice or providing incorrect information regarding their type and size entitles the host to refuse occupancy of the accommodation, to terminate the accommodation contract, and to charge cancellation fees in accordance with Section 6 of these Terms and Conditions.

9. Limitation of Liability

9.1 The host’s liability under the lodging agreement pursuant to § 536a BGB for damages that do not result from a breach of a material obligation—the fulfillment of which is essential for the proper performance of the accommodation contract or the breach of which jeopardizes the achievement of the contract’s purpose—or from injury to life, limb, or health, is excluded, provided such damages do not result from an intentional or grossly negligent breach of duty by the host or a legal representative or agent of the host.

9.2 The host’s liability as an innkeeper for items brought onto the premises pursuant to §§ 701 et seq. BGB remains unaffected by this provision.

9.3 The host is not liable for disruptions in services related to services that, during the guest’s/client’s stay, are recognizably merely arranged as third-party services (e.g., sporting events, theater visits, exhibitions, etc.). The same applies to third-party services that are arranged at the time of booking the accommodation, provided that these are expressly identified as third-party services in the listing or the booking confirmation.

10. Statute of Limitations

10.1 Contractual claims of the guest/client against the host arising from the lodging contract, or against the travel agency arising from the agency contract, for injury to life, limb, or health—including contractual claims for compensation for pain and suffering— arising from their negligent breach of duty or an intentional or negligent breach of duty by their legal representatives or agents, are subject to a three-year statute of limitations. This also applies to claims for compensation for other damages arising from a grossly negligent breach of duty by the host or the travel agency, or from an intentional or grossly negligent breach of duty by their legal representatives or agents.

10.2 All other contractual claims are subject to a one-year statute of limitations.

10.3 The statute of limitations under the foregoing provisions begins at the end of the year in which the claim arose and the guest/client became aware of, or, in the absence of gross negligence, should have become aware of, the circumstances giving rise to the claim, and the host or the tourism office, as the debtor, became aware of them. If the last day of the period falls on a Sunday, a state-recognized public holiday at the place of declaration, or a Saturday, the next business day shall take the place of such a day.

10.4 If negotiations are pending between the guest and the host or the tourism office regarding asserted claims or the circumstances giving rise to the claim, the statute of limitations shall be suspended until the guest or the host, or the tourism office, refuses to continue the negotiations. The aforementioned one-year statute of limitations shall commence no earlier than 3 months after the end of the suspension.

11. Special Provisions Regarding Pandemics (In Particular the Coronavirus)

11.1 The parties agree that the agreed-upon travel services shall always be provided by the respective service providers in compliance with and in accordance with the official guidelines and requirements in effect at the time of travel.

11.2. The traveler agrees to comply with any reasonable rules or restrictions on use imposed by the service providers when utilizing travel services and to notify the tour guide and the service provider immediately in the event of typical symptoms of illness.

12. Note on Alternative Dispute Resolution Mechanisms; Choice of Law and Jurisdiction

12.1 With regard to the Consumer Dispute Resolution Act, the host and the tourism office note that, as of the publication of these terms and conditions of accommodation, participation in the Consumer Dispute Resolution Office is not mandatory for the host and the tourismis not mandatory for the host and the tourism office, and that neither the host nor the tourism office participates in voluntary consumer dispute resolution. Should consumer dispute resolution become mandatory for the host and/or the tourism office, they will inform the guest/consumer of this in an appropriate manner. For all contracts concluded through electronic means of communication, the host and the tourism office refer to the European Online Dispute Resolution platform at ec.europa.eu/consumers/odr/.

12.2 The contractual relationship between the guest or the client and the host or the tourism office is governed exclusively by German law. The same applies to any other legal relationship.

12.3 To the extent that, in the case of admissible claims by the guest or the client against the host or the tourism office abroad, German law is not applied as the substantive law governing their liability, German law shall apply exclusively with respect to the legal consequences, in particular regarding the nature, scope, and amount of the guest’s or client’s claims, exclusively German law shall apply.

12.4 The guest or the client may sue the host or the travel agency only at their place of business.

12.5 For lawsuits brought by the host or the travel agency against the guest or the client, the customer’s place of residence is decisive. For lawsuits against guests or clients who are merchants, legal entities under public or private law, or persons who have their place of residence, place of business, or habitual residence abroad, or whose place of residence, place of business, or habitual residence is unknown at the time the action is filed, the place of jurisdiction shall be the registered office of the host.

12.6 The foregoing provisions shall not apply if and to the extent that mandatory provisions of European Union law or other international provisions applicable to the contract are in force.

Date of this version: September 2022

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The intermediary is: Maifeld
Tourist Office (Municipal Association Administration),represented by:
Mayor
Maximilian Mumm
, Marktplatz 4-6, 56751 Polch
,Phone: +49 2654 9402-0,
Email: info@maifeld.de
Website: www.maifeldurlaub.de