Terms & Conditions for tour operators - tour groups

GENERAL TERMS AND CONDITIONS FOR TOUR OPERATORS (TRAVEL GROUPS - VERSION: NOVEMBER 2021)

1 SCOPE OF APPLICABILITY 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 travellers and/or travel groups.
for hotel services for individual travellers and/or travel groups (hotel accommodation contract).
(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,
contingent contract, accommodation contract, guest accommodation contract, hotel contract 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, board and lodging.
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 travellers" or "travellers".
"individual travellers" or "travel group" (together also "guests").
A travel group consists of at least 15 persons who are organised for a common travel purpose
and who usually arrive and depart on the same days.


1.5 The tour operator's general terms and conditions of business only apply if this has been
expressly agreed in advance.

2 CONCLUSION OF CONTRACT AND STATUTE OF LIMITATIONS

2.1 The contract is concluded by the hotel's acceptance of the tour operator's application.
concluded. The hotel shall be free to confirm the booking in text form.


2.2 All claims against the hotel are subject to a limitation period of one year from the start of the statutory limitation period.
beginning of the statutory limitation period. This shall not apply in the case of claims for damages and other claims, insofar as the latter
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 inform the hotel of his booking status as early as possible or upon request.
on request. At the latest 30 days before the date of arrival, however, the hotel must be
be informed of this. At the same time, the hotel shall be given all necessary information about the hotel services
hotel services in accordance with clause 1.3.


3.2 The tour operator shall be obliged to pay for the hotel services pursuant to Clause 1.3 and for the further services
the agreed rates or, if nothing has been agreed, the rates stated or
agreed or, if nothing has been agreed, the stated or customary prices of the hotel. This also applies
services provided directly by the tour operator or commissioned from the hotel by third parties and
and paid for by the hotel.


3.3 Guests are only entitled to the hotel services in accordance with clause 1.3. The tour operator is
inform his Guests of these and oblige them to pay for the possible use of additional services upon request.
services in excess of this at the request of the hotel, for example by depositing
security, for example by depositing credit card guarantees. This shall also apply
also apply to guests who are holders of a voucher/voucher. If, despite a corresponding request
security is not provided by the guest despite a corresponding request by the hotel and the guest fails to pay, these
services used shall be paid for by the tour operator.


3.4 The tour operator must inform his guests about all circumstances and conditions relevant to the stay, in particular about the regulations on the use of the hotel's services.
conditions relevant to the stay, in particular about the hotel's liability regulation according to clause 8.

3.5 For all questions related to the care of the tour operator's tour group
the tour operator shall, at the hotel's request, appoint a contact person for the hotel, who shall
who will represent this travel group.

 

4 RIGHTS AND OBLIGATIONS OF THE HOTEL

4.1 The hotel is entitled to demand a reasonable advance payment or security deposit from the tour operator upon conclusion of the contract.
or security, 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.
be agreed in text form. The hotel shall confirm receipt of an advance payment or security deposit.


4.2 In justified cases, e.g. payment arrears on the part of the tour operator or an extension of the
the scope of the contract, the hotel shall be entitled, even after conclusion of the contract, to demand
payment in advance or the provision of security within the meaning of 4.1 above or to increase the
an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
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 does not acquire any claim to the provision of specific rooms unless this has been expressly agreed.
this has not been expressly agreed.


4.5 Booked rooms are available to the tour operator from 15:00 on the agreed day of arrival.
day of arrival. The latter has no claim to earlier provision.


4.6 On the agreed day of departure the rooms must be vacated and made available to the hotel by 12:00 noon at the latest.
available to the hotel by 12:00 noon at the latest. Thereafter, the hotel may, due to the delayed vacating of the room
for its use in excess of the contract until 6:00 p.m. and 90% from 6:00 p.m. onwards.
of the accommodation price (list price). Contractual claims of the tour operator
shall not be justified by this. He shall be at liberty to prove that the hotel has no or a substantially
claim for compensation for use has arisen or that the claim is significantly lower.

5 PRICES, PAYMENT, SET-OFF

5.1 The agreed prices shall include the taxes and local charges in force at the time of conclusion of the contract.
applicable at the time of conclusion of the contract, unless prices without VAT have been expressly agreed.
have been expressly agreed. Not included are local taxes and duties which, according to local law, are owed by the
owed by the hotel guest, such as visitor's tax.
In the event of changes to the statutory value added tax or the introduction, amendment or abolition of local -
local taxes on the subject of performance after conclusion of the contract, the prices shall be adjusted accordingly.
adjusted accordingly.


5.2 The agreed prices apply exclusively in connection with further services which are offered to the end customer in a bundle.
offered to the end customer bundled in a service package. They may not be quoted as individual prices
(non-packages) in distribution channels (especially online) to the end customer or third parties.
ne) to the end customer or third parties. The tour operator is obliged to inform all
his other partners and intermediaries to this clause as well.


5.3 Invoices of the hotel without a due date are payable without deduction within ten days of receipt of the invoice.
without deduction. The hotel may demand immediate payment of due receivables from the tour operator at any time.
from the tour operator at any time. In the event of default in payment, the statutory provisions shall apply. The
The hotel reserves the right to prove higher damages.


5.4 The tour operator may only offset or set off a claim of the hotel against an undisputed or legally binding claim.
set off or offset against a claim of the hotel.


5.5 Agreements on the possible payment of the commission (also "commission") are either in the
contract or in an agreement to be concluded at the same time. If more than one
If more than one tour operator is responsible for the same booking, the hotel shall pay the commission only once.
only be paid once.

6 WITHDRAWAL BY TOUR OPERATOR (CANCELLATION, ANNULMENT) / FAILURE TO USE HOTEL
SERVICES (NO SHOW)

6.1 For individual travellers:


6.1 Cancellation by the tour operator of the contract concluded with the hotel is only possible
if a right of withdrawal has been expressly agreed in the contract, if any other legal right of
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 cancellation of the contract
shall be made in text form.


6.1.2 If a date for free withdrawal from the contract has been agreed between the hotel and the tour operator, the tour operator can
contract, the tour operator may withdraw from the contract up to that date without incurring
payment claims or claims for damages by the hotel. The tour operator's right to withdraw from the contract shall
expires if he does not exercise his right to withdraw from - the contract with the hotel by the agreed date.
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 legal right of withdrawal or termination.
right of withdrawal or termination and if the hotel does not agree to a cancellation of the contract, the hotel shall
the hotel shall retain the claim to the agreed remuneration despite non-utilisation of the service.
The hotel shall offset the income from renting the rooms to other parties as well as the expenses saved.
expenses. If the rooms are not rented out to other parties, the hotel may make a
deduction for saved expenses as a lump sum. In this case, the tour operator shall be obliged to pay at least
at least 90% of the contractually agreed price for overnight accommodation with or without
breakfast and for package arrangements with third-party services, 70% for half-board and 60% for full-board arrangements.
for full board arrangements. The tour operator shall be at liberty to prove that the above
above claim has not arisen or has not arisen in the amount demanded.


6.2 For travel groups:


6.2.1 Unless a different right of withdrawal has been explicitly agreed in the contract, no other
legal right of withdrawal exists or the hotel does not expressly agree to the cancellation of the contract, withdrawal
cancellation is only possible in accordance with the following conditions. The agreement
right of withdrawal as well as the possible consent to the cancellation of the contract shall be
shall be made in text form.

6.2.2 The tour operator is entitled to withdraw from the contract for travel groups according to section 1.4:
- up to 90 days prior to arrival of 100% of the agreed total volume,
- up to 60 days prior to arrival of 50% of the originally agreed total volume (taking into account capacities already
of the originally agreed total volume (after deduction of any capacities already
agreed total volume),
- up to 30 days prior to arrival, 25% of the originally agreed total volume (taking into account capacities
of the originally agreed total volume (after deduction of capacities previously
agreed total volume).


6.2.3 The day of arrival shall not be included in the calculation of the deadline.


6.2.4 The tour operator's right of withdrawal expires if he does not exercise it by the agreed date.
by the agreed date.


6.2.5 If a right of withdrawal has not been agreed or has already expired, the withdrawal shall be effected at a late -
or to a greater extent than permitted by the contract, there shall be no statutory right of withdrawal or termination.
statutory right of withdrawal or termination and the hotel does not agree to a cancellation of the contract, the hotel shall
contract, the hotel shall retain its claim to the agreed remuneration despite the non-utilisation of the service.
service. The hotel shall deduct the income from renting the rooms to other guests as well as any expenses saved.
saved expenses. If the rooms are not otherwise let, the hotel may deduct the
hotel may make a flat-rate deduction for saved expenses. In this case the tour operator is
at least 90% of the contractually agreed price for overnight stays with or without breakfast and for
without breakfast as well as for package arrangements with third-party services, 70% for half-board and
60% for full board arrangements. The tour operator is at liberty to prove that
the above-mentioned claim has not arisen or has not arisen in the amount demanded

7 WITHDRAWAL BY HOTEL

7.1 For individual travellers:


7.1.1 If it has been agreed that the tour operator may withdraw from the contract in whole or in part free of charge within a certain period of time, the hotel shall in turn be entitled to withdraw from the contract within this period.
or part of the contract within a certain period of time, the hotel is entitled to withdraw from the contract to the same extent within this period.
from the contract to the same extent if there are enquiries from third parties about the contractually
booked rooms and insofar as the tour operator, upon inquiry by the hotel with a
reasonable period of time, the tour operator does not waive his right to withdraw from the contract.

7.1.2 If an advance payment or security deposit agreed or demanded in accordance with clause 4.1 and/or clause 4.2 is not made, the hotel is entitled to cancel the contract.
agreed or requested in accordance with Clause 4.1 and/or Clause 4.2 is not made even after expiry of a reasonable grace period
the hotel shall also be entitled to withdraw from the contract.


7.1.3 Furthermore, the hotel shall be entitled to withdraw from the contract extraordinarily for an objectively justified reason
contract, in particular in the event of
- force majeure or other circumstances for which the hotel is not responsible make it impossible to - fulfil the contract; or
make the fulfilment of the contract impossible;
- rooms or rooms are culpably booked with misleading or false information or with concealment of
essential facts; essential facts may be the identity of the tour operator or the guest, the number of guests
the identity of the tour operator or the guest, the ability to pay or the purpose of the stay;
- the hotel has justified reason to assume that the use of the service would
the smooth operation of the business, the security or the reputation of the hotel in the public
public, without this being attributable to the hotel's sphere of control or organisation; the hotel has reasonable
is attributable to the hotel;
- the purpose or reason for the stay is unlawful.


7.1.4 The justified withdrawal of the hotel does not constitute a claim for damages on the part of the tour operator.


7.2 For travel groups:


7.2.1 Insofar as it was agreed in the contract that the tour operator would, within a certain period of time
or part of the contract free of charge within a certain period, the hotel is entitled for its part to withdraw
the same extent from the contract within this period if requests from third parties for the rooms
the contractually booked rooms and insofar as the tour operator, upon inquiry by the
hotel with a reasonable deadline, the tour operator does not waive his right to withdraw from the contract.


7.2.2 Within the periods stated in clause 6.2.2 the hotel is also entitled to cancel the contract free of charge to the same extent as the tour operator.
the tour operator free of charge, if the tour operator does not waive his right of withdrawal.
does not waive his right of withdrawal.


7.2.3 If an advance payment or security deposit agreed or demanded in accordance with clause 4.1 and/or clause 4.2 is not made, the hotel shall be entitled to cancel the contract free of charge.
agreed or demanded in accordance with clause 4.1 and/or clause 4.2 is not made even after a reasonable period of
the hotel shall also be entitled to withdraw from the contract.


7.2.4 If the contractual obligation to inform the customer of the booking status as set out in clause 3.1 sentence 2 is not fulfilled or not fulfilled in time, the hotel shall be entitled to withdraw from the contract.
is not fulfilled or not fulfilled in due time, the hotel shall also be entitled to withdraw from the contract. The
hotel shall also be entitled to withdraw from the contract if the number of guests booked as a travel group is - reduced to less than 15.
number of guests booked as a travel group is reduced to less than 15 (loss of group status pursuant to Clause 1.4).


7.2.5 Furthermore, the hotel shall be entitled to withdraw from the contract extraordinarily for an objectively justified reason, in particular in the event that the number of guests booked as a group is reduced.
in particular in the event of
- force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfil the -
contract impossible;
- rooms or rooms are culpably booked with misleading or false information or with concealment of
essential facts; essential facts may be the identity of the tour operator or the guest, the number of guests
the identity of the tour operator or the guest, the ability to pay or the purpose of the stay;
- the hotel has justified reason to assume that the use of the service would
the smooth operation of the business, the security or the reputation of the hotel in the public
public, without this being attributable to the hotel's sphere of control or organisation; the hotel has reasonable
is attributable to the hotel;
- the purpose or reason for the stay is unlawful.


7.2.6 The justified withdrawal of the hotel does not justify a claim for damages on the part of the tour operator.

8 LIABILITY OF THE HOTEL

8.1 The hotel shall be liable for damages for which it is responsible arising from injury to body, life or health. Furthermore, it shall be liable for other damages based on an intentional or grossly negligent breach of duty on the part of the hotel, or on an intentional or negligent breach of duties typical of the contract on the part of the hotel. Further claims for damages are excluded unless otherwise provided for in this clause 8. Should disruptions or deficiencies occur in the hotel's services, the hotel shall endeavour to remedy such upon knowledge thereof or upon immediate complaint by the tour operator or the guest. The tour operator or the guest is obliged to contribute what is reasonable to remedy the disruption and minimise any possible damage.

8.2 The hotel shall be liable to the guest for items brought into the hotel in accordance with the statutory provisions. The hotel shall require the use of 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 Insofar as the tour operator is provided with a parking space in the hotel garage or in the hotel car park, even for a fee, this does not constitute a safekeeping agreement. In the event of loss of or damage to motor vehicles parked or manoeuvred on the hotel property and their contents, the hotel shall only be liable in accordance with the above Clause 8.1, Sentences 1 to 4.

8.4 Wake-up calls shall be carried out by the hotel with the utmost care. Messages, mail and deliveries of goods for guests shall be handled with care. The hotel shall undertake the delivery, safekeeping and - on request - forwarding of the same against payment. The hotel shall be liable in this respect only in accordance with the provisions of Clause 8.1, sentences 1 to 4 above.

9 FINAL PROVISIONS

9.1 Amendments and supplements to the contract, the acceptance of the application or these General Terms and Conditions shall be made in text form. Unilateral changes or additions by the tour operator are not permitted.

9.2 The place of performance and payment as well as the exclusive place of jurisdiction - also for disputes concerning cheques and bills of exchange - is Böblingen in commercial transactions. If a contractual partner fulfils the requirements of § 38 paragraph 2 of the German Code of Civil Procedure (ZPO) and does not have a general place of jurisdiction in Germany, Böblingen shall be the place of jurisdiction.

9.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.

9.4 If general terms and conditions of business have not become part of the contract in whole or in part or are ineffective, the remainder of the contract shall remain effective. Insofar as the provisions have not become an integral part of the contract or are ineffective, the content of the contract shall be governed by the statutory provisions. § Section 306 sentences 1 and 2 BGB shall apply accordingly.  

© Hotelverband Deutschland (IHA) e.V.
Version: November 2021