Leipzig Travel 2013/14

Leipzig | Travel Conditions
1. The Position of LTM
1.1 In the absence of any other explicit agreements, LTM only
has the position of a mediator.
1.2 It shall not be liable for the information given by the accomodation
facility (AF), services and default in performance with
reference to the services to be performed by the AF.
1.3 Any liability of LTM from the mediation agreement shall
remain unaffected.
2. Concluding the Agreement
2.1 When the accommodation is booked, the guest offers the
AF the binding conclusion of a guest accommodation agreement.
This offer is based on the description of the accommodations
and the supplementary information in the booking
basis (such as a description of the city and an explanation of the
classification) to the extent that the customer is in possession
of them.
2.2 Travel agents – with the exception of LTM – shall not be
authorised to make agreements or give information or assurances
that amend the agreed to content of the agreement, go
beyond the contractually promised services of the AF or are
contrary to the description of the accommodations.
2.3 Information given in hotel guides and similar lists not edited
by LTM or the AF shall not be binding on the AF and its obligation
to render services, if it was not made the content of the
obligation to render services of the AF by an explicit agreement
with the guest.
2.4 Accommodations can be booked verbally, in writing, by
phone, by fax or electronically (email or internet). If accommodations
are booked electronically, the guest receives electronic
confirmation of receipt of the booking without delay.
2.5 The guest or other client of the booking (companies, associations
or persons responsible in the group) who book for fellow
passengers have to be responsible for all contractual obligations
of booked guests just like their own, provided that they have
accepted this obligation by an explicit and separate declaration.
2.6 The agreement shall materialise when the declaration of
acceptance is received (that does not require any form) with
the consequence that verbal and phone confirmation are legally
binding on the guest and the AF. Generally, the AF or LTM as its
agent shall also send a written copy of the booking confirmation
to the guest.
2.7 If the content of the confirmation of booking differs from
the content of the booking, this shall constitute a new offer
from the AF. The agreement shall materialise based on this new
offer if the guest declares acceptance by explicit declaration,
a down payment, the remaining payment or by using the
accommodations.
2.8 If the AF or LTM makes a special offer at the request of
the guest or client, this shall constitute a binding offer for an
agreement of the AF to the guest or client as a departure from
the above regulations. In these cases, the agreement shall
materialise without requiring the corresponding reconfirmation if
the guest or client accepts said offer within the period specified
in the offer without restrictions, modifications or extensions by
explicit declaration, down payment, remaining payment or by
using the accommodations.
3. Reservations
3.1 Non-binding reservations that justify free withdrawal are
only possible if the customer has an explicit agreement with
LTM or the AF.
3.2 If a non-binding reservation is not explicitly agreed to, booking
accommodations pursuant to item 1 of these terms and conditions
shall always lead to a legally binding agreement for the
AF and the guest/client.
3.3 If a non-binding reservation has been agreed to, the guest/
client has to notify LTM by the agreed to point in time if the
reservation should be treated as a binding booking. If this is not
done, the reservation is rendered invalid without LTM or the AF
having any further notification obligations. If notification is made
on time, the booking shall become binding regardless of any
booking confirmation from LTM or the AF.
4. Prices, Services and Changing Reservations
4.1 In the absence of any other agreements on incidental
expenditures, the prices given in the brochure are final prices
including statutory value-added tax and all incidental expenditures.
There may be separate remunerations for services charged
according to consumption (such as electricity, gas, water or
fireplace wood) and for optional or additional services and they
may be separately invoiced.
4.2 All services owed by the AF are to be found in the content of
the booking confirmation in connection with the valid prospect
or building description including any supplementary agreements
explicitly made with the guest/client. We recommend that the
guest/client make supplementary agreements in writing.
4.3 The AF can demand a remuneration amounting to 15 euros
for changing reservations for each change process (changes
with reference to the date of arrival and departure, the length of
stay, the type of board, with added booked services and other
supplementary services) for which there is no legal claim for
doing this. This shall not apply if the change is only slight.
5. Payment
5.1 The due date for the down payment and remaining payment
shall depend on the regulation made with the guest or client
and noted in the booking confirmation. If no special agreement
was made, the entire price for the accommodation including the
remunerations for incidental expenditures and added services
shall be due for payment at arrival and paid to the AF.
5.2 LTM as the authorised collecting agent of the AF or LTM
itself can demand a down payment of 10% of the total price
even without an explicit note in the booking confirmation.
5.3 Payments cannot be made in foreign currencies or with
collection-only cheque. Credit card payments can only be made
if this was agreed to or generally offered by the AF by notice
board publication. Payments cannot be made by transfer at the
end of the stay.
5.4 If payment has been agreed to with the guest or client
according to invoice, the entire invoiced amount shall be due for
payment 10 days after the invoice date in the absence of any
other statement.
5.5 The guest and client shall be in default without warning if
invoiced amounts due for payment are not settled within 30
days after receipt of the invoice. 8 % interest above the basic
interest rate shall be paid on the AF’s claim with companies and
5 % interest shall be paid with consumers. The AF shall reserve
itself the right to assert further losses.
6. Withdrawal and Not Arriving
6.1 In the event of withdrawal, the AF shall continue to have
a claim to payment of the agreed to price for staying in the
accommodations including the share of board and remunerations
for added services.
6.2 The AF has to put in its best endeavours to find another
utilisation for the accommodations in the framework of its ordinary
business operations without being obliged to put in special
efforts and taking the particular nature of the accommodations
booked into consideration (such as a non-smoker room or
family room).
6.3 The AF has to count other occupancy and, assuming that it
is not possible, saved expenditures.
6.4 The guest or client has to pay the following sums to the
Small Hotel according to the percentage rates recognised by
legislation for assessing saved expenditures with reference
to the total price of the accommodation services in each case
(including all incidental expenditures), however without taking
any public charges into account such as tourist centre charges
or visitor’s tax:
– with holiday flats / accommodations without board 90 %
– with overnight stay / breakfast 80 %
– with half-board 70 %
– with pension 60 %
6.5 The guest/client shall be explicitly reserved the right to
prove to the AF that the expenditures it saved are substantially
higher than the deductions included above or that the accommodation
services were used otherwise. In the event that this
can be proved, the guest or client shall only be obliged to pay
the correspondingly lower sum.
6.6 We urgently recommend taking out trip cancellation insurance.
6.7 The declaration of withdrawal shall be sent to LTM (not to
the Small Hotel) for reasons of booking and in the interest of
the guest it should be in writing.
7. Arrival and Departure
7.1 The guest has to arrive at the agreed to point in time, no later
than 6 p.m. in the absence of any special agreement.
7.2 The guest shall undertake to notify the AF, not LTM, of any
delay not any later than at the agreed to point in time of arrival.
If notification is not provided on time, the AF shall be entitled,
although not obliged, to otherwise occupy the accommodations.
7.3 The guest has to depart at the agreed to point in time, no
later than 11 o’clock on the day of departure in the absence of
any special agreement. If the accommodations are not vacated
on time, the AF can demand an appropriate additional remuneration.
The AF shall reserve itself the right to assert further loss.
8. The Customer’s Obligations and the AF Serving Notice
8.1 The guest shall only treat accommodations and their
furnishings including any available furnishings of the Small
Hotel itself (such as the swimming pool or sauna) as intended
in accordance with the rules of use and altogether they should
be treated carefully.
8.2 The guest shall notify the AF of any defects or disturbances
without delay and request remedy. It is not sufficient only to
notify the tourist office of defects. If the guest is culpable of
not providing notification of defects, the guest’s claims may be
rendered totally or partially invalid.
8.3 The guest can only serve notice on the agreement if there
are substantial defects or disturbances. The guest has to
first give the AF an appropriate extension for remedying
in the framework of the notification of defects unless the
remedy is impossible, the AF refuses to do so or if serving notice
immediately is objectively justified by a special interest of
the guest that the AF can recognise or these reasons make
continuing the stay objectively unreasonable for the guest.
8.4 The AF can serve notice on the guest accommodation
agreement without maintaining a period if the guest persistently
disturbs the operation of the AF or carrying out the stay or if the
guest acts in breach of contract to such an extent notwithstanding
any warning from the AF that it is justified to immediately
cancel the agreement. If the AF serves notice, the provisions
in item 6 shall apply to the AF’s claim to payment accordingly.
9. Liability
9.1 The AF’s contractual liability for damage that is not personal
injury shall be limited to three times the price for staying in the
accommodations, if the AF neither causes the damage to the
guest intentionally nor with gross negligence or if the AF is
responsible for damage that a guest incurs solely because of
the culpability of a vicarious agent.
9.2 Any innkeeper‘s liability of the AF for things brought in
pursuant to Section 701 ff. of Bürgerliches Gesetzbuch (German
Civil Code) shall remain unaffected by this regulation.
9.3 The AF shall not be liable for default in performance in
connection with services that are only mediated during the stay
and are recognisable as services rendered by a third party to
the guest / client (such as athletic events, visits to the theatre
or exhibitions). The same shall also extend to services rendered
by a third party that were mediated together with booking
the accommodations, if they are explicitly labelled as services
rendered by a third party in the description or booking confirmation.
10. Limitation of Actions
10.1 The claims of the guest/client against the AF from the
hotel contract and against LTM from the mediation agreement,
regardless of the legal grounds – however, excluding the claims
of the guest / client from unallowed actions – shall be statutebarred
after one year.
10.2 The limitation of actions shall begin at the end of the
year when the claim was incurred and the guest and the AF
(as the party liable) become aware of circumstances that justify
the claim or would have to become aware of this without gross
negligence.
10.3 If negotiations are pending between the guest and the AF
or LTM on claims asserted or the circumstances justifying the
claim, limitation of actions shall be suspended until the guest or
the AF (or the tourist office) refuses the continuation of negotiations.
The above period of one year for limitation of actions
shall go into effect no earlier than 3 months after the end of
suspension.
11. Choice of Law and Venue
11.1 Only German law shall apply to the contractual relationship
between the guest or client and the AF or LTM. The same shall
also apply to the miscellaneous legal relationship.
11.2 In the event that German law is not applied abroad with
admissible civil action of the guest or client against the AF or
LTM for their liability on the merits, only German law shall be
applied with reference to the legal consequences, in particular
with reference to the type, scope and amount of the guest’s
claims.
11.3 The guest or client can only sue the AF or LTM at its headquarters.
11.4 The customer’s legal residence shall be authoritative for
the civil action of AF or LTM against the guest or client. The
headquarters of the AF shall be agreed to as the venue for civil
action against the guests or clients who are merchants, legal
entities of public or private law or persons who have their legal
residence or usual place of residence abroad, or whose legal
residence or usual place of residence is unknown when civil
action is lodged.
11.5 The above provisions shall not apply if and to the extent
that provisions of the European Union or other international
provisions that are applicable to the agreement and not subject
to being contracted away are applicable.
© These travel terms and conditions are copyrighted; Attorneyat-law
Noll, Stuttgart, 2006.
The mediating tourist office is:
Leipzig Tourismus und Marketing GmbH
duly represented by the management board
Augustusplatz 9
04109 Leipzig, Germany
Phone: +49 (0)341 710 4255
Fax: +49 (0)341 710 4253
E-mail: zimmer@ltm-leipzig.de
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