GTC

The following agency and guest accommodation conditions apply to contracts for accommodation with hosts in the district of Mayen-Koblenz and their mediation by Rhein-Mosel-Eifel-Touristik!

Agency and guest accommodation conditions of the hosts in the district of Mayen-Koblenz

Rhein-Mosel-Eifel-Touristik, hereinafter abbreviated to "REMET", arranges accommodation from hosts and private landlords(hotels, guesthouses, guesthouses, private rooms and vacation apartments), hereinafter uniformly referred to as "hosts" , in the district of Mayen-Koblenz in accordance with the current offer. The following terms and conditions, insofar as they have been effectively agreed, form part of the accommodation contract concluded between the guest and the host in the event of a booking and, in addition to the statutory provisions, govern the contractual relationship between the guest and the host and the agency activities of REMET. Please read these terms and conditions carefully.

1.1 The following applies to all contracts concluded:
a) REMET is the operator of the respective websites or publisher of corresponding host directories, catalogs, flyers or other print media and online presences, insofar as it is expressly designated as the publisher/operator there.
b) Insofar as REMET arranges other services of the host (accommodation, meals and the host's own ancillary services) which do not account for a significant proportion of the total value of the host's services and which are neither an essential feature of the host's or REMET's own composition of services nor are advertised as such, REMET merely acts as an intermediary.
c) As an intermediary, REMET has the status of an agent or provider of linked travel services, insofar as the requirements for an offer of linked travel services by REMET are met in accordance with the statutory provisions of Section 651w BGB.
d) Irrespective of REMET's obligations as a provider of associated travel services (in particular the handover of the legally required form and the implementation of customer money protection in the event of REMET's collection activities) and the legal consequences of non-fulfilment of these legal obligations, REMET is neither a tour operator nor a contractual partner of the guest accommodation contract concluded in the event of a booking being made if the requirements under b) or c) are met. REMET is therefore not liable for the information provided by the host on prices and services, for the provision of the service itself or for deficiencies in the service.
1.2 These terms and conditions for guest accommodation apply, insofar as effectively agreed, to all guest accommodation contracts for which the basis for booking is the host directory published by REMET, or for bookings based on the corresponding offers on the Internet.
1.3 The hosts reserve the right to agree other terms and conditions for guest accommodation with the guest in individual cases or regulations that deviate from or supplement the following terms and conditions for guest accommodation.

2.1 By making a booking, the guest offers the host the conclusion of a binding accommodation contract, if necessary after receiving non-binding information from the host about the accommodation and its current availability. The basis of this offer is the description of the accommodation and the supplementary information in the booking basis (e.g. description of the location, classification explanations), insofar as these are available to the guest at the time of booking.
2.2 The guest may make the booking using 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 REMET as the host's representative. The declaration of acceptance does not require any particular form, so that verbal and telephone confirmations are also legally binding for the Guest and the Host.
2.4 In accordance with the statutory obligations, the guest is advised that, in accordance with the statutory provisions (Section 312g (2) sentence 1 no. 9 BGB), there is no right of revocation for guest accommodation contracts concluded by distance selling (letters, catalogs, telephone calls, e-mails, messages sent via mobile phone service (SMS) or similar) or outside of business premises, but only the statutory provisions on the non-use of rental services (Section 537 BGB) apply (see also Section 6 of these Guest Accommodation Terms and Conditions).
2.5 As a rule, the Host shall send a written copy of the booking confirmation to the Guest in the case of verbal or telephone bookings. However, the legal validity of the accommodation contract for such bookings does not depend on the receipt of the written copy of the booking confirmation.
2.6 Insofar as the Host or REMET as its agent offers the possibility of a binding booking and arrangement of the accommodation by way of electronic contract conclusion via an Internet platform, the following applies to this contract conclusion:
a) The online booking process is explained to the customer by means of appropriate instructions. The contract language is exclusively German.
b) The customer can correct or delete individual details or reset the entire online booking form at any time via a correction option, which is explained to him during the booking process.
c) After completing the selection of the accommodation services desired by the customer and entering his personal data, the entire data including all essential information on prices, services, additional services booked and any travel insurance booked is displayed. The customer has the option of rejecting the entire booking or making a new one.
d) By clicking the "Book with obligation to pay" button, the customer makes a binding offer to the host to conclude the accommodation contract. If a booking confirmation is received from the host or REMET as an intermediary within the binding period, clicking this button therefore leads to the conclusion of a binding guest accommodation contract. By making an online booking and clicking the "Book with obligation to pay" button, the customer shall not be entitled to the conclusion of a guest accommodation contract. The host is free to accept or reject the customer's contractual offer (the booking).
e) If no booking confirmation is made in real time (the booking confirmation is made immediately after the guest has made the booking by pressing the "Book with obligation to pay" button by displaying the booking confirmation on the screen), the host or REMET as the intermediary shall immediately confirm receipt of the booking to the customer electronically. This confirmation of receipt does not constitute a booking confirmation and does not constitute a claim to the conclusion of the guest accommodation contract in accordance with the customer's booking request
f) The guest accommodation contract is concluded upon receipt of the booking confirmation by the customer, which the host or REMET as agent sends to the customer by e-mail, fax or post in the form specified in the booking process.
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 if the guest declares acceptance by express declaration, down payment or final payment or by making use of the accommodation.
2.8 Travel agents and booking offices are not authorized to make agreements, provide information or give assurances that change the agreed content of the contract, go beyond the services contractually promised by the host or contradict the host's description of accommodation and services.
2.9 Information in hotel guides and similar directories that are not published by REMET or the Host are not binding for the Host and its obligation to provide services, unless they have been made part of the Host's obligation to provide services by express agreement with the Guest.

3. non-binding reservations

3.1 Reservations that are non-binding for the guest and from which the guest can withdraw free of charge are only possible with a corresponding express agreement with REMET or the host.
3.2 If no non-binding reservation has been expressly agreed for the guest, the booking in accordance with Section 2 (Conclusion of contract) of these terms and conditions shall in principle result in a legally binding contract for the host and the guest/client.
3.3 If a non-binding reservation has been agreed for the Guest, the desired accommodation shall be kept available for the Host for binding booking by the Guest until the agreed time. The guest must inform REMET or the host by this time if the reservation is to be treated as a binding booking for the guest. If this is not done, the reservation shall lapse without any further obligation to notify REMET or the host. If the notification is made in due time, a legally binding accommodation contract shall be concluded for the host and the guest upon receipt by the host.

4.1 The prices stated in the booking basis (host directory, host's offer, internet) are final prices and include statutory VAT and all ancillary costs, unless otherwise stated with regard to ancillary costs. Tourist tax and charges for consumption-based services (e.g. electricity, gas, water, firewood) and for optional and additional services that are only booked or used on site may be incurred and shown separately.
4.2 The services owed by the Host are based exclusively on the content of the booking confirmation in conjunction with the valid brochure or the property description and any additional agreements expressly made with the Guest/Client. The guest/client is advised to make supplementary agreements in writing.
4.3 For rebookings (changes regarding the type of accommodation, the arrival and departure dates, the length of stay, the type of catering, additional services booked and other supplementary services) for which there is no legal entitlement, the host may charge a rebooking fee of € 15.00 per change. This does not apply if the change is only minor.

5.1 The due date of the down payment and final payment is based on the agreement made between the guest or the client and the host and noted in the booking confirmation. If no special agreement has been made, the entire accommodation price, including the charges for ancillary costs and additional services, is due for payment at the end of the stay and must be paid to the Host.
5.2 The Host may request a down payment after conclusion of the contract. Unless otherwise agreed in individual cases, this shall amount to 15% of the total price of the accommodation service and booked additional services.
5.3 Payments in foreign currencies and by crossed check are not possible. Credit card payments and EC card payments are only possible if this has been agreed or is generally offered by the host in a notice. Payments at the end of the stay are not possible by bank transfer.
5.4 If the guest does not make an agreed down payment and/or final payment or does not make it in full within the specified period despite a reminder from the host setting a reasonable deadline, the host shall be entitled to withdraw from the contract with the guest and charge the guest cancellation costs in accordance with Section 6 of these terms and conditions, 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 set-off or retention. The Host shall not be entitled to these rights if the Guest is not responsible for the delay in payment.

6.1 In the event of withdrawal or no-show, the Host's claim to payment of the agreed price of the stay, including the catering portion and the fees for additional services, shall remain unaffected. This shall not apply if the guest has been granted a free right of withdrawal by the host in individual cases and the host receives the guest's declaration of the exercise of this free right of withdrawal, which does not require a specific form, in due time.
6.2 The host shall endeavor to find another use for the accommodation in the ordinary course of business, without any obligation to make special efforts and taking into account the special nature of the booked accommodation (e.g. non-smoking room, family room).
6.3 The host shall allow any other occupancy and, if this is not possible, saved expenses to be taken into account.
6.4 According to the percentages recognized by case law for the assessment of saved expenses, the guest or the client shall pay the following amounts to the host - subject to a deviating contractual agreement - taking into account any amounts to be offset in accordance with Section 6.3, in each case in relation to the total price of the accommodation services (including all ancillary costs), but without taking into account any public charges such as tourist tax or visitor's tax:

• For vacation apartments/accommodation without meals: 90 %.
• For overnight stay/breakfast: 80 %
• For half board: 70 %
• With full board: 60 %

7.1 The arrival of the guest must take place at the agreed time, without special agreement by 6:00 p.m. at the latest.
7.2 The following applies to later arrivals:
The guest is obliged to inform the host by the agreed arrival time at the latest if he/she arrives late or does not wish to move into the booked accommodation until the following day in the case of stays lasting several days.
If notification is not given in due time, the host is entitled to occupy the accommodation elsewhere. The provisions in Section 5 apply accordingly to the period of non-occupancy.
If the guest notifies a later arrival, he/she must also pay the agreed remuneration, less expenses saved by the host in accordance with Sections 5.4 and 5.5, for the unused occupancy period, unless the host is contractually or legally responsible for the reasons for the later occupancy.
7.3 The guest's accommodation must be vacated at the agreed time, without special agreement by 12:00 noon on the day of departure at the latest. If the accommodation is not vacated on time, the Host may demand a corresponding additional fee. The host reserves the right to claim further damages.

8.1 The guest is obliged to notify the host immediately of any defects and faults and to demand remedy. A notification of defects that is only made to REMET is not sufficient. If the notice of defects is culpably omitted, the guest's claims against the host may lapse in whole or in part.
8.2 The guest may only terminate the contract in the event of significant defects or disruptions. The guest must first set the host a reasonable period of time to remedy the defect as part of the notification of defects, unless the remedy is impossible, is refused by the host or the immediate termination is objectively justified by a special interest of the guest recognizable to the host or the continuation of the stay is objectively unreasonable for the guest for such reasons.
8.3 The following applies to bringing pets:
Pets may only be brought and accommodated in the accommodation if this has been expressly agreed and if the Host provides for this possibility in the offer.
Within the scope of such agreements, the guest is obliged to provide truthful information about the type and size.
Violations of this provision may entitle the host to terminate the guest accommodation contract without notice.
The unannounced presence of pets or incorrect information on the type and size of pets shall entitle the host to refuse to provide the accommodation, to terminate the guest accommodation contract and to charge cancellation costs in accordance with Section 6 of these terms and conditions.
8.4 The host may terminate the guest accommodation contract without notice if the guest, despite a warning from the host, persistently disturbs the host's business, other guests or the execution of the stay or if the guest behaves in such a way contrary to the contract that the immediate termination of the contract is justified. If the Host terminates the contract, the above provisions on the obligation to pay in the event of the Guest's withdrawal shall apply accordingly to the Host's claim for payment.

9. limitation of liability

9.1 The Host's liability under the accommodation contract in accordance with Section 536a BGB for damages that do not result from injury to life, limb or health is excluded, unless they are based on an intentional or grossly negligent breach of duty by the Host or a legal representative or vicarious agent of the Host.
9.2 Any liability of the host for items brought into the hotel in accordance with §§ 701 ff. BGB shall remain unaffected by this provision.
9.3 The Host shall not be liable for service disruptions in connection with services which, during the stay, are merely arranged for the guest/client as third-party services (e.g. sporting events, theater visits, exhibitions, etc.). The same applies to third-party services that are already arranged together with the booking of the accommodation, insofar as these are expressly identified as third-party services in the advertisement or booking confirmation.

10.1 Contractual claims of the guest/client against the host from the accommodation contract or REMET from the agency contract arising from injury to life, limb or health, including contractual claims for compensation for pain and suffering, which are based on their negligent breach of duty or an intentional or negligent breach of duty by their legal representatives or vicarious agents, shall become time-barred after three years. This also applies to claims for compensation for other damages that are based on a grossly negligent breach of duty by the host or REMET or on an intentional or grossly negligent breach of duty by their legal representatives or vicarious agents.
10.2 All other contractual claims are subject to a limitation period of one year.
10.3 The limitation period in accordance with the above provisions shall commence at the end of the year in which the claim arose and the guest/client becomes aware of the circumstances giving rise to the claim and the host or REMET as the debtor becomes aware of them or should have become aware of them without gross negligence. If the last day of the period falls on a Sunday, a public holiday recognized by the state at the place of declaration or a Saturday, the next working day shall take the place of such a day
10.4 If negotiations are pending between the guest and the host or REMET regarding asserted claims or the circumstances justifying the claim, the limitation period shall be suspended until the guest or the host or REMET refuses to continue the negotiations. The aforementioned limitation period of one year shall commence at the earliest 3 months after the end of the suspension.

11. special regulations in connection with pandemics (in particular the coronavirus)

11.1 If negotiations are pending between the guest and the host or REMET regarding asserted claims or the circumstances justifying the claim, the limitation period shall be suspended until the guest or the host or REMET refuses to continue the negotiations. The aforementioned limitation period of one year shall commence at the earliest 3 months after the end of the suspension.
11.2 The traveler agrees to observe reasonable usage regulations or restrictions of REMET when using services and to inform the host immediately in the event of typical symptoms of illness occurring.
11.3 The above provisions shall not affect any warranty rights of the guest, in particular from § 536 BGB.

12. information on alternative dispute resolution facilities; choice of law and place of jurisdiction

12.1 With regard to the Consumer Dispute Resolution Act, the Host and REMET point out that participation in consumer dispute resolution is not mandatory for the Host and REMET upon publication of these Guest Accommodation Terms and Conditions and that the Host and REMET do not participate in voluntary consumer dispute resolution. If and to the extent that consumer dispute resolution would be mandatory for the host and/or REMET, they shall inform the guest/consumer concerned accordingly in a suitable form. The Host and REMET refer to the European online dispute resolution platform https://ec.europa.eu/consumers/odr/ for all contracts concluded in electronic legal transactions.
12.2 The contractual relationship between the guest or the client and the Host or REMET shall be governed exclusively by German law. The same applies to the other legal relationship.
12.3 Insofar as German law is not applied in the case of admissible actions by the guest or the client against the host or REMET abroad for their liability on the merits, German law shall apply exclusively with regard to the legal consequences, in particular with regard to the type, scope and amount of claims of the guest customer.
12.4 The guest or the customer may only sue the host or REMET at their registered office.
12.5 The customer's place of residence shall be decisive for legal actions brought by the host or REMET against the guest or the customer. For actions against guests or clients who are merchants, legal entities under public or private law or persons who have their place of residence/business or habitual abode abroad, or whose place of residence/business or habitual abode is not known at the time the action is brought, the place of jurisdiction shall be the registered office of the host.
12.6 The above provisions shall not apply if and to the extent that non-mandatory provisions of the European Union or other international provisions applicable to the contract are applicable.

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Version as at: October 2024