Terms and Conditions
- Reception Conditions for Accomodation and the Conditions of Convenience for other Tourist Services
1. Subject matter of mediation
The broker provides accommodation services and other tourist services (e.g. adventure offers) through an electronic reservation system. The broker does not provide its own services with this activity, but provides it in the name and for the account of third parties, hereinafter referred to as the "accommodation company" (for accommodation services) or "service providers" (for other tourist services). The contract for the booked service is, therefore, exclusively concluded between the guest and the accommodation company or the service provider. The broker and the guest merely connect a mediation agreement. The extent of the service rendered is determined by the confirmation of booking. Ancillary agreements which alter the scope of the contractual service are subject to confirmation
2. Booking and conclusion of contract
2.1. By booking with the broker, the guest offers to the accommodation company the conclusion of an accommodation agreement (in the case of accommodation services), or the service provider the conclusion of a contract for the usage of the service of the service provider (in the case of other tourism services), and the broker under a mediation agreement inclusion of these terms.
2.2. The booking can be made electronically via the Internet, by post, fax, telephone, in writing or verbally.
2.3. The contracts referred to in clause 2.1 shall be concluded with the acceptance of the broker. The guest will be informed immediately about the acceptance, for which it does not require a certain form, by sending a booking confirmation. For electronic bookings over the Internet, the information is sent by e-mail by sending a booking confirmation at the end of the booking process. The guest has the possibility to print this reservation confirmation.
2.4 The data provided to the broker shall be protected in accordance with the statutory provisions.
3. Payment for accommodation services
3.1 Payment of the accommodation price stated on the booking confirmation is made directly to the hotel as described in the following paragraph, unless otherwise expressly agreed.
3.2 For bookings made at least 14 days before checking in, the guest has to pay a deposit of 10% of the total price to the accommodation company within 7 days of conclusion of the contract (receipt of the booking confirmation by the guest in oral, written or electronic form). The balance is to be paid to the accommodation company up to 14 days before arrival.
3.3 For bookings made less than 14 days before the start of the stay, the total price is to be paid immediately after conclusion of the contract.
4. Payment for other tourist services
4.1 The payment of the price stated on the confirmation of booking shall be paid directly to the broker as described in the following paragraphs unless otherwise expressly agreed.
4.2 The guest has to pay the total price to the broker within 7 days after conclusion of the contract (receipt of the booking confirmation by the guest in oral, written or electronic form).
4.3 For bookings made less than 7 days before the start of the service, the total price is payable immediately after conclusion of the contract.
5.1 The guest can withdraw from the contract at any time by declaration to the accommodation company (in the case of accommodation services) or the broker (in the case of other tourist services). The cancellation is to be declared with the booking number. Access to the declaration of withdrawal for the accommodation company or the broker is decisive. The guest is advised to declare the cancellation in writing.
5.2 If the guest withdraws from a contract concluded with the accommodation company or with the service provider, or if the guest does not claim the booked accommodation or the booked service, the accommodation company or the service provider can claim the agreed price less the savings and income from rebooking the accommodation or selling the service to someone else.
5.3 The jurisdiction has recognised the following percentages for the assessment of saved expenses for accommodation:
For holiday rentals without accommodation 90%
For overnight/breakfast 80%
With half-board 70%
For full board 60%
The abovementioned percentages are based on the total cost of the accommodation (including all incidental costs), but does not include any public charges, such as tourist tax.
5.4 In all cases, the guest is free to prove that no or a substantially lesser damage has resulted from their cancellation than the demanded lump sum. In this case, the guest is obliged to pay the lower cost (or, if no damage is incurred, to not pay).
5.5 Taking out travel cancellation insurance is strongly recommended.
6.1 The broker is merely an agency for external services and is not responsible for the proper performance of the third-party services, but only for the proper brokering of the aforementioned third-party services. The broker is not liable for the non-performance or poor performance of the accommodation contract, or the brokered contract for the use of other tourist services.
6.2 The broker shall be liable for its own fault as well as the fault of its vicarious agents only in cases of intent and gross negligence, and in cases where the guest is injured because of a breach of duty of life, body or health by the broker or the broker obligations violate their fulfilment the proper implementation of the contract and the adherence to which the guest may regularly rely or trust. In the case of slight negligence of its vicarious agents the liability of the broker is limited to the value of the booking.
6.3 Claims for non-contractual provision of the services must be directed immediately and exclusively to the respective accommodation company (in the case of accommodation services) or to the respective service provider (in the case of other tourism services). If the information contained in the booking confirmation for the identification of the accommodation provider or the service provider is not sufficient, the necessary information can be obtained from the broker.
7. Obligations of the Guest
7.1 The guest is obligated to immediately notify the accommodation provider (in the case of accommodation services) or the service provider (in the case of other tourism services) of any deficiencies in the services to be provided or to request remedial measures.
7.2 The notification of defects is to be addressed exclusively to the accommodation company (for accommodation services) or the service provider (for other tourist services), not to the broker.
7.3 The accommodation may only be booked with the number of persons agreed with the accommodation company. An overcrowding can justify the right of the accommodation company to immediately terminate the contract or an appropriate additional remuneration.
7.4 Pets are not allowed in any way whatsoever unless explicitly agreed with the accommodation company and - in the case of such an agreement - only within the limits of the nature and size of the animal.
8. Arrival and departure times
8.1. Unless otherwise agreed, the booked accommodation is available from 4:00 pm on the day of arrival.
8.2 On arrival after this date, the guest is obliged to inform the accommodation company in good time. If this is not the case, the accommodation company is entitled to occupy the accommodation for an overnight stay from 6:00 pm, and for several nights on the following day after 12:00 pm.
8.3 Unless otherwise agreed, the accommodation is to be vacated by 10:00 am on the day of departure.
9. Severability clause
Should a provision of these guest accommodation conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the statutory regulation.
Complaints against the broker are to be levied at their registered office. The client's place of residence shall be decisive for the plaintiffs' complaints against the guest, unless the action is directed against a fully qualified merchant or persons who have moved their place of residence or habitual abode abroad after the conclusion of the contract, or their place of residence or habitual abode at the time of the appeal is unknown. In such cases, the place of business of the broker is decisive.
- Travel Conditions for Packages
1. Conclusion of the travel contract
1.1. The guest can submit their booking request verbally, in writing, by fax, e-mail or Internet to Ostseefjord Schlei GmbH. This booking request is non-binding for the guest and does not constitute a binding contract offer of the guest.
1.2. In accordance with the guest’s booking request, Ostseefjord Schlei GmbH provides a concrete offer with services, prices and deadline, in writing, by fax or e-mail (in the case of short-term enquiries by telephone) and offers the guest the conclusion of a travel contract on the basis of the service description in the offer.
1.3. The travel contract comes into effect upon receipt of the written, fax or e-mail (in the case of short-term offers, orally transmitted) declaration of acceptance by the guest at Ostseefjord Schlei GmbH. Upon receipt of this declaration of acceptance by Ostseefjord Schlei GmbH, the travel contract is legally binding. Ostseefjord Schlei GmbH shall promptly notify the guest of the confirmation receipt of their declaration of acceptance with the prices and services and, insofar as Ostseefjord Schlei GmbH is subject to the obligation to secure the customer, the legally prescribed guarantee certificate. Such confirmation shall not be required if the declaration of acceptance is received by the Ostseefjord Schlei GmbH less than 7 working days before the start of the journey.
1.4. If the guest’s declaration of acceptance deviates from the booking offer of Ostseefjord Schlei GmbH, a legally binding contract is not concluded. This declaration of acceptance is recognised as a new offer from the guest to which they are bound for a period of 10 days. The travel contract is concluded on the basis of this new offer only if Ostseefjord Schlei GmbH accepts this amended offer within the deadline in writing by means of confirmation of booking expressly confirming the changes. If the divergent declaration of acceptance of the guest to the Ostseefjord Schlei GmbH is received less than 7 working days before the beginning of the journey, the booking confirmation of Ostseefjord Schlei GmbH can also be made verbally or by telephone.
1.5. The signatory is liable for all obligations of registered travel participants from the travel contract insofar as they have accepted this obligation by means of an express, separately written declaration.
2.1. Payments to the travel price prior to the end of the trip may only be demanded or accepted on delivery of a guarantee certificate within the meaning of § 651 k para. 3 BGB (German Civil Code).
2.2. A guarantee certificate according to § 651 k BGB (German Civil Code) is not to be handed out, differing from clause 2.1, if
a) the journey does not take more than 24 hours, does not include an overnight stay and the travel price does not exceed €75,
b) the travel services do not include transport to and from the place of travel and the payment of the total travel price will be payable only at the end of the trip.
2.3. By signing the contract (receipt of the confirmation of acceptance of the guest's declaration of acceptance) a deposit of 10% of the travel price must be paid.
2.4. The balance is payable 3 weeks before the commencement of the trip, if it is established that the journey is carried out, in particular can no longer be cancelled for the reasons stated in section 7.2.
2.5. Insofar as prepayments have been agreed before the commencement of the trip, the guarantee certificate is handed over and the Ostseefjord Schlei GmbH is ready and able to provide the contractual services, there is no entitlement to the utilization of the contractual services without full payment of the travel price. The right of the guest to withhold a disputed price increase demanded by Ostseefjord Schlei GmbH after the conclusion of the contract remains unaffected.
3.1. The service obligation of Ostseefjord Schlei GmbH is determined solely by the content of the booking confirmation as well as the terms of service described therein in the prospectus and by agreements made legally binding with the guest in writing or verbally.
3.2. Service providers (accommodation and catering companies, sports providers, carriers for ships, buses and driving companies) are not authorised by the Ostseefjord Schlei GmbH to make representations or to make any agreements that go beyond the travel offers of Ostseefjord Schlei GmbH or their offer or confirmation of reservation or contradict or modify the confirmed content of the travel contract.
3.3. Local, hotel or house prospectuses, which are not published by the Ostseefjord Schlei GmbH, are non-binding for these, insofar as they were not made explicitly the object of the contractual services with the guest of the Ostseefjord Schlei GmbH.
4. Service Changes
Changes and deviations from the agreed content of the travel contract, which become necessary after the conclusion of the contract, and which were not done contrary to good faith by the Ostseefjord Schlei GmbH, are permitted, insofar as the changes or deviations are not substantial, not a substantial change in the travel performance and do not interfere with the total cost of the booked journey. Any warranty claims remain unaffected as long as the amended services are subject to defects. Ostseefjord Schlei GmbH is obliged to notify the customer immediately of changes in performance and performance deviations. If necessary, Ostseefjord Schlei GmbH will offer the guest a free change of reservation or a free cancellation.
5. Cancellation by the guest, change of reservation
5.1. The guest can cancel the trip at any time before commencement of the trip. The submission of the cancellation at Ostseefjord Schlei GmbH is decisive. The guest is advised to declare the cancellation in writing.
5.2. If the guest withdraws from the travel contract or does not commence the trip, Ostseefjord Schlei GmbH can demand compensation for the travel arrangements made and for their expenses. The calculation of the replacement shall take account of the expenses and the usual other uses of the travel services, which are usually saved.
5.3. Ostseefjord Schlei GmbH may dispense its compensation claim as a percentage ratio in a lump sum, taking into account the following breakdown after the date of the customer's withdrawal, in each case based on the travel price.
The flat-rate claim for compensation (cancellation fee) is:
a) until the 31 days before commencement of the trip 10% of the travel price (advance payment)
b) from 30 to 21 days before commencement of the trip 20% of the travel price
c) from 20 to 12 days before commencement of the trip 40% of the travel price
d) from 11 days before commencement of the trip 60% of the travel price
e) from three days before commencement of the trip and non-arrival 90% of the travel price
For tickets included in the package travel, other cancellation conditions apply: for bookings with a discounted ticket price, the cancellation rate is 100% of the ticket price, regardless of the date of cancellation. For the remaining travel price (i.e. the travel price minus the ticket price), the percentages as mentioned in clause 5.3 apply.
5.4. The guest is entitled to prove to Ostseefjord Schlei GmbH that they have incurred no or substantially lower costs than the alleged lump sum. In this case, the guest is obliged to pay the lower cost (or, if no damage is incurred, to not pay).
5.5. Instead of lump sum compensation, Ostseefjord Schlei GmbH can assert its actual costs as damages according to the statutory provisions. In this case, Ostseefjord Schlei GmbH is obligated to provide the guest with documented details of the expenses.
5.6. If, at the request of the guest, changes are made to the date of travel, the accommodation or the type of board or additionally booked services (e.g. spa treatments, bicycle hire, ski pass, concert and/or theatre tickets) for a date which is within the time frame of the travel offer, Ostseefjord Schlei GmbH can charge a rebooking fee of €20 per change process for packages with hotels, guesthouses and boarding houses up to 31 days prior to arrival, for packages with accommodation in flats or private quarters up to 45 days before arrival. Requests for changes by the guest which are made after the expiry of the deadlines, if their implementation is still possible, can only be complied after withdrawal from the travel contract to the conditions according to clause 5.3. and simultaneous rebooking. This does not apply in case of changes of booking which cause only minor costs.
6. Unused services
If the guest does not make use of individual travel services as a result of a return trip ahead of schedule or for other compelling reasons, Ostseefjord Schlei GmbH will endeavour to reimburse the saved expenses for the beneficiaries. This obligation ceases to apply if it is a matter of insignificant performance or if a refund is contrary to legal or official regulations.
7. Withdrawal and cancellation by the tour operator
7.1. Ostseefjord Schlei GmbH is entitled to terminate the travel contract without notice after the commencement of the trip if the guest persistently disrupts the performance of the trip regardless of a warning issued by the Ostseefjord Schlei GmbH or its agents or if it is contrary to the contract to such an extent that the immediate termination of the contract is justified. If Ostseefjord Schlei GmbH terminates the contract, it retains the right to not refund the cost of the trip, but Ostseefjord Schlei GmbH must allow the value of the saved expenses as well as the advantages which it receives from other use of the unused benefit, including the amounts paid to it by the beneficiaries.
7.2. Ostseefjord Schlei GmbH can withdraw from the travel contract in the event of the non-fulfilment of a minimum number of participants specified in the travel offer:
a) Ostseefjord Schlei GmbH is obligated to immediately declare to the guest the cancellation of the journey if it is established that the trip is not carried out due to the fact that the minimum number of participants is not reached.
b) A cancellation by Ostseefjord Schlei GmbH is not permitted later than 3 weeks prior to arrival.
c) The guest can request participation in a trip which is at least equivalent to that which was cancelled if Ostseefjord Schlei GmbH is able to offer such a trip from their tour portfolio without extra charge to the guest. The guest has to assert this right immediately after the declaration of the cancellation of the trip against Ostseefjord Schlei GmbH.
8. Limitation of Liability of Ostseefjord Schlei GmbH
The contractual liability of Ostseefjord Schlei GmbH for damages that are not corporate damages is limited to threefold the travel price,
a) to the extent that damage to the guest is not intentionally or grossly negligent;
b) as far as Ostseefjord Schlei GmbH is responsible for damages to the guest solely due to the fault of a service provider.
9. Warranty, cancellation by the traveller, notification obligation
9.1. If the journey is not provided in accordance with the contract, the traveller may request remedial action. Ostseefjord Schlei GmbH can refuse the remedy if it requires a disproportionate effort. Ostseefjord Schlei GmbH can also remedy the situation in such a way that it provides an equivalent substitute service.
9.2. For the duration of non-contractual delivery of the trip, the traveller can demand a corresponding reduction of the travel price. The travel price shall be reduced in the proportion in which, at the time of sale, the value of the trip - free of defects - would have amounted to regarding the actual value.
9.3. The traveller is obliged to notify Ostseefjord Schlei GmbH or the person designated for this purpose without delay. If the traveller fails to report a defect, a claim for reduction is inadmissible.
9.4. If a trip is significantly impaired as a result of a defect and Ostseefjord Schlei GmbH does not remedy it within a reasonable period of time, the traveller can cancel the travel contract within the scope of the statutory provisions. It is recommended to declare the cancellation in writing. This shall also be the case if the traveller cannot be expected to travel as a result of important reasons which are apparent to Ostseefjord Schlei GmbH. The determination of a deadline for the remedy is not necessary only if the remedy is impossible or is refused by Ostseefjord Schlei GmbH or if the immediate termination of the contract is justified by a special interest of the traveller. The traveller owes Ostseefjord Schlei GmbH the part of the travel price which is part of the services claimed, provided that these services were of interest to the traveller.
9.5. Without prejudice to the reduction or termination, the traveller can demand compensation for non-performance, unless the lack of the trip is due to a circumstance which is not the responsibility of Ostseefjord Schlei GmbH.
10. Exclusion of claims and limitation
10.1. Claims for non-contractual delivery of the journey shall be made against Ostseefjord Schlei GmbH by the guest within one month after the contractual termination of the journey. After the expiry of the period, the traveller can assert claims if they have been prevented from doing so by no fault of their own.
10.2. Contractual claims on the part of the traveller due to shortages of travel according to sections 651 c to 651 f of the German Civil Code (BGB) shall become statute-barred after one year from the contractual termination of the trip following the statutory authorisation (§ 651 m.2 BGB). This deadline does not apply to claims for unauthorised actions (these claims are subject to statutory period of limitation), ii) not for claims of the guest according to §§ 651 c to 651 f BGB from the violation of life, body or health, which are based on a deliberate or negligent breach of duty by the HHT or a legal representative or vicarious agent of the Ostseefjord Schlei GmbH (these claims become statute barred two years) and iii)) also not for claims for the compensation of other damages according to §§ 651 c to 651 f BGB, which are based on an intentional or grossly negligent breach of duty by the Ostseefjord Schlei GmbH or a legal representative or vicarious agents of the Ostseefjord Schlei GmbH (these claims expire after two years). If negotiations are suspended between the traveller and the Ostseefjord Schlei GmbH about the claim or the circumstances giving rise to the claim, the limitation period is suspended until the traveller or travel agent refuses to continue the negotiations. The statute of limitations shall be served no earlier than three months after the end of the suspension.
11. Choice of law and jurisdiction
11.1. The entire legal and contractual relationship between Ostseefjord Schlei GmbH and guests is governed exclusively by German law.
11.2. The guest can only sue Ostseefjord Schlei GmbH at their seat.
11.3. In the case of complaints by Ostseefjord Schlei GmbH against the guest, the place of residence of the guest is decisive, unless the action is directed against fully qualified merchant, legal persons of public or private law or persons who have their domicile or habitual abode abroad or their domicile or habitual residence is not known at the time the action is filed. In such cases, the registered office of Ostseefjord Schlei GmbH is decisive.
Ostseefjord Schlei GmbH
Association for Tourism, Regional and Urban Marketing
Tel.: 04621 8500-50
Fax: 04621 8500-55