Terms & Conditions for tour operators - individuals

GENERAL TERMS AND CONDITIONS FOR TOUR OPERATORS (SINGLE TRAVELLER - VERSION: NOVEMBER 2021)

1 SCOPE OF APPLICABILITY AND DEFINITIONS

1.1 These terms and conditions shall apply to all contracts concluded between the hotel and a tour operator for hotel services for individual travellers and/or travel groups.
and a tour operator for hotel services for individual travellers and/or travel 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,
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 accommodation and hotel room services.
hotel, such as hotel rooms, catering arrangements and other offers.
offers.


1.4 The tour operator's customers for whom hotel services are booked are hereinafter referred to as "individual travellers" or "hotel guests".
referred to as "individual travellers" or "travel groups" (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 shall 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 acceptance of the tour operator's application by the hotel.
hotel. 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 statutory start of the limitation period.
commencement of the limitation period. This shall not apply in the case of claims for damages and other
claims, insofar as the latter are based on a wilful or grossly negligent breach of duty by the hotel.
of 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 on request.
or upon request. However, the hotel must be informed of this no later than 30 days
the hotel about this at the latest 30 days before the date of arrival. At the same time, the hotel shall be provided with all necessary
information about the hotel services in accordance with clause 1.3.


3.2 The tour operator shall be obliged to pay for the hotel services in accordance with Clause 1.3 and the
the agreed rates or, if no agreement has been made, the stated rates,
or, if nothing has been agreed, the stated or customary prices of the hotel.
pay. This also applies to services provided by the tour operator directly or commissioned from the hotel,
provided by third parties 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 obliged to inform his Guests of these and to oblige them to pay for any
to provide appropriate security, e.g. in the form of a bank transfer, for the possible
hotel, for example by depositing credit card guarantees,
credit card guarantees. This also applies to guests who are holders of vouchers/vouchers.
voucher. If, despite a corresponding request by the hotel, no security is provided by the guest
and the guest does not pay, the services used shall be paid for by the tour operator.
to be paid by the tour operator.


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


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

4 RIGHTS AND OBLIGATIONS OF THE HOTEL

4.1 The hotel is entitled to request a reasonable advance payment or security from the tour operator upon conclusion of the contract.
advance payment or security, for example in the form of a credit card guarantee,
credit card guarantee. The amount of the advance payment and the payment dates can be agreed in the
agreed in text form in the contract. The hotel shall confirm receipt of an advance payment or security deposit.
confirmed.


4.2 In justified cases, e.g. payment arrears on the part of the tour operator or extension of the
the scope of the contract, the hotel shall be entitled, even after the conclusion of the contract, to
the beginning of the stay even after conclusion of the contract.
4.1 or an increase in the advance payment or security deposit agreed in the contract up to the full
up to the full 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 certain 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 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.
the hotel by 12:00 noon at the latest. Thereafter, the hotel may, due to the late vacating of the room
the room for its use in excess of the contract until 6:00 p.m. and
90% of the full accommodation price (list price) from 6:00 p.m. onwards. Contractual
Contractual claims of the tour operator are not justified by this. He is at liberty to
the hotel that no claim or a substantially lower claim to a usage fee has arisen.
incurred.

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 value added tax
sales tax have been expressly agreed. Not included are local taxes and duties which, according to the respective
local law, such as visitor's tax.
In the event of a change in the statutory value added tax or the introduction, amendment or abolition of
or abolition of local taxes on the object of performance after conclusion of the contract
prices shall be adjusted accordingly.


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


5.3 Invoices of the hotel without a due date are payable without deduction within ten days of receipt of the invoice.
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 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 to be made either
either in the hotel accommodation contract or in an agreement to be concluded at the same time.
to be concluded at the same time. If more than one tour operator is responsible for the same booking, the hotel shall pay the commission only once.
only have to pay the commission once.

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

6.1 Withdrawal by the tour operator from the contract concluded with the hotel is only
if a right of withdrawal has been expressly agreed in the contract, if any other
legal right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract.
agrees. The agreement of a right of withdrawal as well as the possible consent to a
to the cancellation of the contract shall be made in text form.


6.2 If a date for free withdrawal from the contract has been agreed between the hotel and the tour operator, the tour
contract, the tour operator may withdraw from the contract until that date,
without triggering claims for payment or damages by the hotel. The
the tour operator's right to withdraw from the contract expires if he does not exercise his right to withdraw from the
the hotel by the agreed date.


6.3 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
contract, the hotel shall retain the right to the agreed remuneration despite the fact that the
of the service. The hotel shall deduct the income from renting the rooms to other guests and the
as well as any expenses saved. If the rooms are not let to other
the hotel may make a flat-rate deduction for expenses saved. The
in this case, the tour operator shall be obliged to pay at least 90% of the contractually agreed
agreed price for overnight accommodation with or without breakfast as well as for package arrangements
70% for half-board and 60% for full-board arrangements.
paid. The tour operator is at liberty to prove that the above-mentioned claim is not
claim has not arisen or has not arisen in the amount demanded.


7 WITHDRAWAL BY HOTEL

7.1 If it has been agreed that the tour operator may withdraw from the contract in whole or in part within a certain period of time
or part of the contract within a certain period of time, the hotel is entitled for its part
the hotel is entitled to withdraw from the contract to the same extent if enquiries are made by third
third parties for the contractually booked rooms and insofar as the tour operator has
the tour operator does not waive his right of withdrawal upon inquiry by the hotel with a
right to withdraw from the contract.


7.2 If an advance payment or security deposit agreed or demanded in accordance with clause 4.1 and/or clause 4.2 is still not
agreed or requested in accordance with clause 4.1 and/or clause 4.2 is not made even after a reasonable
the hotel shall also be entitled to withdraw from the contract.


7.3 Furthermore, the hotel shall be entitled to withdraw from the contract extraordinarily for objectively justified reason
contract, in particular in the event of
- force majeure or other circumstances beyond the hotel's control make it impossible to fulfil the contract; or
contract impossible;
- rooms or rooms are culpably booked with misleading or false information or with concealment of
essential facts; essential may be the identity of the tour operator or the
the identity of the tour operator or the guest, the solvency or the purpose of the stay.
the purpose of the stay;
- the hotel has reasonable grounds to assume that the use of the service would jeopardise
the smooth operation of the business, the safety or the reputation of the hotel in the public
public reputation, without this being attributable to the hotel's sphere of control or organisation; or
attributable to the hotel;
- the purpose or reason for the stay is unlawful.


7.4 The justified withdrawal of the hotel does not justify a claim of the tour operator for damages.
to compensation for damages.

8 LIABILITY OF THE HOTEL

8.1 The hotel is liable for damages for which it is responsible arising from injury to body, life or health.
life or health. Furthermore, it shall be liable for other damages resulting from an intentional or grossly negligent
or grossly negligent breach of duty by the hotel or an intentional or negligent
or an intentional or negligent breach of typical contractual obligations on the part of the hotel.
A breach of duty by the hotel is equivalent to a breach of duty by a legal representative or vicarious agent.
vicarious agent. Further claims for damages are excluded, unless otherwise provided for in this clause
8, are excluded. Should disruptions or defects occur in the
services of the hotel, the hotel shall, upon knowledge or immediate complaint by the tour operator or the
of the tour operator or the guest, the hotel shall endeavour to remedy the situation. The tour operator
tour operator or the guest is obliged to contribute what is reasonable in order to remedy the
and to 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 recommends the use of the hotel or room safe. If the guest brings money,
securities and valuables with a value of more than 800 euros or other items with a value
value of more than 3,500 euros, this shall require a separate storage agreement with the hotel.
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,
parking space is made available to the tour operator, even for a fee, this does not constitute a custody contract.
come into existence. In the event of loss of or damage to motor vehicles parked or manoeuvred on the hotel premises
parked or manoeuvred on the hotel's property and the contents thereof, the hotel shall only be liable in
of 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 be responsible for the delivery, safekeeping and - upon request - the
forwarding of the same against payment. The hotel shall be liable in this respect only in accordance with the foregoing para.
8.1, sentences 1 to 4.


9 FINAL PROVISIONS


9.1 Amendments and supplements to the contract, the acceptance of the application or these General Terms and
Terms and Conditions shall be made in text form. Unilateral amendments or supplements
by the tour operator are invalid.


9.2 The place of fulfilment and payment as well as the exclusive place of jurisdiction - also for cheque and
disputes - is Böblingen for commercial transactions. Insofar as a contractual partner
the requirements of § 38 paragraph 2 ZPO and has no general place of jurisdiction in
in Germany, the place of jurisdiction shall be Böblingen.


9.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the
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 BGB sentences 1 and 2 shall apply accordingly.

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