Guest hosting and agency conditions

1. Position of RPT
1.1. If nothing further has been explicitly agreed, RPT simply holds the position of an agent.
?1.2. It is not liable for the information provided by the AP nor for its performance of or its failure to perform the services to be provided.
?1.3. Any liability on the part of RPT from the agency contract is unaffected by this.?

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2. Conclusion of the agreement
2.1. On booking, the guest offers to make a binding accommodation contract with the AP. The basis of this offer is the description of the accommodation and the additional information in the basis for the booking (e.g. description of location, classification notes) if these are available to the customer.
?2.2. Travel agents, with the exception of RPT, are not authorised to enter into agreements, provide information or make assurances that modify the agreed content of the contract, go beyond the services agreed in the contract to be provided by the AP or contradict the host's description of the accommodation.
?2.3. Information in hotel guides and similar directories that are not issued by RPT or the AP are not binding for the AP and its obligation to provide services if they were not made part of the content of the services that the AP is obliged to provide with the explicit agreement with the guest.
?2.4. The booking can be made orally, in writing, by telephone, by fax or electronically (e-mail or internet). If an electronic booking has been made, the guest will immediately receive electronic confirmation.
?2.5. Guests booking for travelling companions or on behalf of a client, such as a company, an association, or a group, are responsible for ensuring that all the guests for whom a booking is made comply with the contractual obligations as they do themselves, provided they have accepted this obligation with an explicit and separate declaration.
?2.6. The contract comes into existence with receipt of the host's declaration of acceptance (booking confirmation). The declaration of acceptance does not require a particular form and therefore oral and telephone confirmations are legally binding for the guest and the AP. The AP, or RPT as its representative, will normally also send the guest a written copy of the booking confirmation.
?2.7. If the content of the booking confirmation varies from the content of the booking, this represents a new offer from the AP. The contract comes into existence on the basis of this new offer if the guest declares acceptance by an explicit declaration, advance or full payment or utilises the accommodation.
?2.8. If the AP or the RPT makes a tailored offer at the request of the guest or the client, then the AP has made a binding contractual offer to the guest or the client which deviates from the provisions above. In these cases, the contract comes into existence with no need for confirmation if the guest or the client accepts this offer within the period given in the offer without restrictions, changes or additions with an explicit statement, down payment, final payment or by making use of the accommodation.

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3. Reservations
3.1. Non-binding reservations, under which withdrawal without charge is authorised, are only possible with the explicit agreement of the RPT or the AP.
?3.2. If a non-binding reservation has been agreed, the guest must inform the RPT by the agreed time if it is to be treated as binding. If this is omitted, the reservation will elapse without further notification required from the RPT or the AP. If the information is supplied within the deadline, the booking becomes binding, irrespective of whether the RPT or the AP confirm it.

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4. Prices and services, price increases
4.1. The prices stated in the brochure are final prices and include statutory value-added tax and all ancillary costs if nothing further is stated concerning ancillary costs. Spa taxes or tourism fees and payment for services charged by consumption (e.g. electricity, gas, water, firewood) and for optional and additional services may be incurred and shown separately.
?4.2. The services to be provided by the AP arise exclusively from the content of the booking confirmation in conjunction with the valid brochure or property description and any additional agreements explicitly made with the guest/client. It is recommended that the guest/client makes additional agreements in writing.
?4.3. For rebookings (changes to arrival and departure dates, duration of stay, catering type, booked additional services and other supplementary services) for which there is no legal obligation, the AP may request a rebooking fee of €15 per change. This does not apply if the change is minor.

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5. Payment
5.1. The due date for the advance and final payment depends on the agreement made with the guest or client and the provision noted in the booking confirmation. If no special agreement is made, the total accommodation price including the fees for ancillary costs and additional services is due for payment at the end of the stay and must be paid to the AP.
?5.2. The AP can request a down payment amounting to 15% of the total price without a specific reference in the booking confirmation.
?5.3. Payments in foreign currencies and by cheque are not possible. Credit card payments are only possible if this is agreed or the AP publicly states that these are possible. Payments at the end of a stay cannot be made by bank transfer.

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6. Withdrawal and non-arrival
6.1. In the event of withdrawal, the entitlement of the AP to the payment of the agreed accommodation price including food and the fees for additional services remains.
?6.2. The AP must attempt within his normal business operation, without the obligation for special effort and when considering the special character of the booked accommodation (e.g. non-smoking, family room) to use the accommodation by other means.
?6.3. The AP must offset other occupancy and, if this is not possible, any costs saved.
?6.4. According to the percentages recognised in law for quantifying the saved costs, the guest or client must pay the accommodation provider the following amounts, each related to the total price of the accommodation services (including all subsidiary costs), but without including any public fees such as tourism fees or spa taxes:
??For holiday homes/accommodation without
food 90%
For overnight accommodation/breakfast 80%
For half-board 70%
For full-board 60%
6.5. The guest/client explicitly reserves the right to demonstrate to the AP that the saved costs are significantly higher than the deductions taken into account above or that the accommodation or other services were used in another way. In the event of such evidence, the guest or client is only obliged to pay the lower amount.
?6.6. It is urgently recommended that insurance is taken out to cover travel cancellation costs.
?6.7. The withdrawal declaration is to be directed to RPT (not the accommodation provider) for technical booking reasons and should be in writing in the interests of the guest.

7. Arrival and departure
7.1. The guest must arrive at the agreed time; if no specific agreement is made, at the latest by 6 pm.
?7.2. The guest must inform the AP, not RPT, at the latest at the agreed arrival time of any delays.
b) If notification is not received in good time, the AP is permitted, but not obliged, to utilise the accommodation in another way.
?7.3. 7.3 The guest must vacate the accommodation at the agreed time; if no specific agreement is made, at the latest by noon on the date of departure. If the accommodation is not vacated in good time, the AP may request an appropriate additional fee. The right to assert further damage is reserved.

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8. Customer's obligations, termination by the AP
8.1. The guest is obliged to notify the AP about defects and faults without delay and to request resolution. It is not sufficient to inform the tourism office about the defect. If the fault is not notified and the guest is at fault, the guest's rights may lapse in full or in part.
?8.2. The guest may terminate the contract only if the faults or defects are significant. Prior to this he must set the AP an appropriate resolution period as part of the notification of defects unless resolution is impossible, refused by the AP or immediate termination is factually justified as a result of the recognisable interest of the guest or continuing the stay is objectively unreasonable for such reasons.

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9. Liability
9.1. The AP's contractual liability for damage not arising from injury to life, limb or health is restricted to three times the accommodation price, provided the damage to the guest was not caused intentionally nor through gross negligence by the AP or provided the AP is responsible for damage to the guest solely due to the fault of a vicarious agent.
?9.2. This provision does not affect any innkeeper's liability on the part of the AP for property brought in by guests pursuant to Sections 701 ff of the German Civil Code (BGB).
?9.3. The AP is not liable for faults associated with the services that are clearly arranged during the stay for the guest/client as third-party services (e.g. sports events, theatre visits, exhibitions etc.). This also applies to third-party services that are already arranged when the accommodation is booked if these are explicitly marked as third-party services in the description or booking confirmation.

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10. Limitation of claims
10.1. Claims asserted by the guest/client against the AP arising from the accommodation contract and against the RPT arising from the agency contract, irrespective of the legal reason, lapse after one year, with the exception of tort claims asserted by the guest/client.
?10.2. The limitation period starts at the end of the year in which the claim arose and the guest obtained knowledge of the circumstances that form the basis for the claim and of the AP or RPT as the liable party or should have known about them without gross negligence.
?10.3. If there are negotiations between the guest and AP or RPT about the asserted claims or circumstances that give rise to the claim, the limitation period is stopped until the guest or the AP or the RPT refuses to continue the negotiations. The limitation period stated above of one year comes into force at the earliest 3 months after the end of the stoppage period.

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11. Choice of law and court of jurisdiction
11.1. Exclusively German law applies to the contractual relationship between the guest or the client and the AP or the RPT. This also applies to all other legal relationships.
?11.2. The guest or client may only start legal proceedings against the AP/RPT at their location.
?11.3. The residential location of the customer is authoritative for lawsuits brought by the AP or RPT against the guest or client. For lawsuits brought against the guests or clients who are businesspeople, legal entities in public or private law or people who have their domicile/place of business or usual place of residence in another country or whose domicile/place of business or usual place of residence is not known at the time the lawsuit was started, the court of jurisdiction is the one covering the AP's head office.
?11.4. The provisions stated above do not apply if and to the extent to which applicable, non-mandatory provisions of the European Union or other international provisions are applicable to the contract.

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© Copyright; RA Noll, Stuttgart (2010).
?The tourism office acting as an agent: Rheinland-Pfalz Tourismus GmbH
Legal entity: represented by the Managing Director, Dr. Achim Schloemer
Löhrstr. 103-105, 56068 Koblenz, Germany • Tel.:
?Fax: • E-mail: info(at)rlp-info.de