General Terms and Conditions

Dear guest,

Thank you for your interest in booking accommodation with a host in the Renchtal holiday region. If a guest accommodation contract is concluded, the host and Renchtal Tourismus GmbH – hereinafter referred to as “RTG” – shall use their best efforts and all their experience to ensure that your stay is as pleasant as possible. Clear legal arrangements concerning your rights and obligations as a guest as well as the rights and obligations of your host contribute to this, and these are to be agreed with you in the form of the following Terms and Conditions of Guest Accommodation. Once they are agreed, these Terms and Conditions of Guest Accommodation become part of the guest accommodation contract concluded between you and your host when you make your booking. Please therefore read these Terms and Conditions of Guest Accommodation carefully before making your booking.

1. Status of Renchtal Tourismus GmbH; scope of applicability of these contractual terms and conditions

1.1 RTG is the operator of the respective websites / the publisher of the relevant host directories, catalogues, flyers or other print media and websites, insofar as it is explicitly designated therein as the publisher/operator.

1.2 Insofar as RTG brokers further services of the hosts that do not account for a significant proportion of the total value of the host's services and neither constitute a key feature of the range of services provided by the host or RTG itself nor are advertised as such, RTG shall merely have the status of an accommodation services intermediary.

1.3 As an intermediary, RTG has the status of a provider of associated travel services, insofar as the conditions for an offer of associated travel services of RTG under the provisions of Section 651w of the German Civil Code (Bürgerliches Gesetzbuch – BGB) are fulfilled.

1.4 Without prejudice to the obligations of RTG as a provider of associated travel services (in particular the provision of the legally prescribed form and securing customer funds in the event of debt collection activities by RTG) and the legal consequences in the event of failure to fulfil those legal obligations, if the conditions under Clause 1.2 or 1.3 are fulfilled RTG is neither the tour operator nor a party to the guest accommodation contract concluded in the event of a booking. RTG is therefore not liable for the host’s information regarding prices and services, for the provision of the services itself or for defects in the services.

1.5 These Terms and Conditions apply, provided that they are effectively agreed, to guest accommodation contracts where the basis for the booking are the host directories, catalogues or accommodation offers on websites published by RTG.

1.6 The hosts reserve the right to agree with the guest other guest accommodation conditions than those set out herein or arrangements that are supplementary to or differ from these guest accommodation conditions.

2. Conclusion of contract

2.1 The following applies to all types of booking:

a) The basis of the host’s offer and the guest’s booking are the description of the accommodation and the additional information in the booking basis (e.g. classification information), insofar as they are available to the guest upon booking.
b) in accordance with the statutory requirements, the guest is advised that, pursuant to the provisions of law (Section 312g par. 2 sentence 1 sec. 9 BGB), for guest accommodation contracts concluded by way of distance selling (letters, catalogues, telephone calls, faxes, emails, messages sent by mobile phone (text messages) or radio broadcasting and telemedia), there is no cancellation right and only the provisions of law on failure to take advantage of rental services (Section 537 BGB) apply (see also Clause 6 of these guest accommodation conditions). However, a cancellation right does exist if the guest accommodation contract was concluded outside business premises, unless the oral negotiations on which the conclusion of the contract is based were conducted upon a previous order placed by you as a consumer, in which case a cancellation right also does not exist.

2.2 The following applies to bookings placed orally, by telephone, in writing, by email or by fax:

a) With his/her booking, the guest submits a binding offer to the host for the conclusion of the guest accommodation contract.
b) The contract is concluded upon receipt by the guest of the declaration of acceptance issued by the host (booking confirmation). There are no formal requirements for this declaration, so oral and telephone confirmations are also legally binding for the guest and the host. As a rule, upon oral or telephone booking confirmation, the host shall additionally send the guest a written copy of the booking confirmation. However, provided that they are appropriately confirmed with binding effect by the host orally or by telephone, oral or telephone bookings by the guest shall also lead to the conclusion of a binding contract if the guest does not receive the additional written copy of the booking confirmation.
c) If the host makes a special offer to the guest at his/her request, notwithstanding the above provisions it shall constitute a binding contractual offer made by the host to the guest, unless it is non-binding information on available accommodation facilities and prices. In such cases, the contract is concluded without an appropriate return confirmation by the host being required if the guest accepts the offer within a time limit possibly specified in the offer without any limitations, amendments or extensions by way of an explicit declaration, advance payment or balance payment or use of the accommodation.

2.3 In the case of bookings over the internet, the following applies to the conclusion of the contract:

a) By clicking on the “confirm booking and pay” button, the guest submits a binding offer to the host for the conclusion of the guest accommodation contract. The guest shall receive confirmation of the receipt of the booking electronically without delay.
b The transmission of the contractual offer by clicking on the “confirm booking and pay” button does not establish any entitlement of the guest to the conclusion of a guest accommodation contract in accordance with his/her booking data. Rather, the host is free to decide whether to accept the guest’s contractual offer or not.
c) The contract is concluded upon receipt of the booking confirmation by the guest.

2.4 If the booking confirmation is issued immediately after booking by the guest by clicking on the “confirm booking and pay" button through the corresponding display of the booking confirmation on the screen (booking in real-time), the guest accommodation contract shall be concluded upon receipt of this booking confirmation by the guest and its display on their screen. In this case, the guest shall be given the opportunity to save and print out the booking confirmation. However, the binding nature of the guest accommodation contract is independent of whether the guest uses these options for storage or printing. As a rule, the guest shall also receive a copy of the booking confirmation by e-mail, e-mail attachment, post or fax. However, the receipt of such an additionally transmitted booking confirmation is not a prerequisite for the legally binding nature of the guest accommodation contract.

3. Prices and services

3. Prices and services

3.1 The prices specified in the reservation policy (host directory, host’s offer, Internet) are final prices and include statutory VAT and all additional costs, unless stated otherwise with regard to the additional costs. Tourism contributions/tax may be separately incurred and specified, as well as fees for services billed according to consumption (e.g. electricity, gas, water, firewood) and for optional and additional services booked or taken advantage of on site.

3.2 The services to be rendered by the host are exclusively as stated in the content of the booking confirmation, the information on the host’s accommodation and services in the booking basis and any supplementary arrangements explicitly made with you.

4. Payment

4. Payment

4.1 The due date of advance payments and balance payments shall be based on the arrangement made between the guest and the host and stated in the booking confirmation. If no special agreement has been made, the full price of the accommodation, including the fees for additional costs and additional services, shall be due at the end of the stay and payable to the host.

4.2 Upon conclusion of the contract, the host may require an advance payment of up to 20% of the total price for the accommodation and booked additional services, unless the amount of the advance payment has been agreed otherwise in an individual case.

4.3 In the case of stays of more than one week, the host may, at the end of the stay, bill and designate as due for payment the remuneration for past days spent in the accommodation and additional services (for example catering services not included in the accommodation price, use of the minibar).

4.4 Payments cannot be made in foreign currencies. Payments by credit card are only possible if this is agreed or generally offered by the host by way of a notice. Payments at the end of the stay by bank transfer are not permitted.

4.5 If the guest does not make an agreed advance payment and/or the final payment or does not make it in full within the specified time limit despite a reminder from the host setting a reasonable deadline, even though the host is willing and able to properly provide the contractual performances and no legal or contractual right of set-off or retention exists for the guest, and if the guest is responsible for the delay in payment, the host shall be entitled to withdraw from the contract with the guest after a reminder setting a deadline and after that deadline has expired, and to demand withdrawal costs from the guest in accordance with Clause 6 of these terms and conditions.

5. Arrival and departure

5.1 The guest must arrive at the agreed time – without a special agreement no later than by 6 pm.

5.2 The following applies for later arrivals:

a) The guest must inform the host no later than by 6 pm or at the agreed time of arrival that he/she is arriving late or, in the case of stays lasting multiple days, intends to occupy the booked accommodation on a subsequent day.

b) If timely notification is not given, the host shall have the right to otherwise allocate the accommodation. For the period where the accommodation is not occupied, the provisions of these Terms and Conditions of Guest Accommodation regarding cancellation or no-show by the guest shall apply accordingly.

c) For periods where the accommodation is occupied but the guest does not take advantage of it due to late arrival, the provisions of these guest accommodation conditions on cancellation/no-show by the guest shall apply accordingly. The guest need not make any payments to the host for such periods if the host must accept responsibility contractually or legally for the reasons of the later arrival/non-occupancy.
The accommodation must be vacated by the guest at the agreed time – without a special arrangement no later than by 12 pm of the day of departure. If the accommodation is not vacated on time, the host may demand appropriate additional remuneration. The host reserves the right to assert further claims for losses. An entitlement to use the facilities of the host’s accommodation operation after 12 pm on the day of departure shall only exist if the host makes a general announcement in this respect or if an arrangement is made with it in an individual case.

6. Cancellations and no-shows

6.1 In the event of cancellation or a no-show by the guest, the host’s entitlement to payment of the agreed accommodation price, including the share for meals and the remuneration for additional services, shall remain unaffected. This shall not apply insofar as the guest is granted a free-of-charge right to cancel by the host in an individual case and the guest’s declaration on the exercise of that free cancellation right (which is not subject to any particular formal requirements) is received by the host on time.

6.2 The host must attempt to otherwise make use of the accommodation in the course of its normal business activities, without any obligation to make a special effort and taking into account the specific character of the booked accommodation (e.g. non-smoking room, family suite).

6.3 If the host is able to otherwise occupy the accommodation for the period booked by the guest, it shall accept the revenue from such other occupation (or saved expenses insofar as it is not possible) being credited to its claim under Clause 6.1.

6.4 According to the percentages recognised by case law for the calculation of saved expenses, the guest must pay the following amounts to the host, taking into account any amounts to be credited in accordance with Clause 6.3, in each case based on the total price of the accommodation services (including all additional costs), but without taking visitor's tax into account:

For holiday apartments/accommodation
Without meals                                             90%       

For overnight stays with breakfast                 80%

For half board                                              70%

For full board                                               60%

6.5 The guest shall explicitly retain the right to provide proof to the host that the saved expenses are significantly higher than the deductions taken into account here or that other use of the accommodation services or other services has taken place. If such proof is provided, the guest must only pay the appropriately lower amount.

6.6 The guest is strongly advised to take out travel cancellation insurance.

6.7 For all bookings, the rescission declaration must be addressed exclusively to the host and, in the best interests of the guest, should be issued in text form.

7. The guest’s obligations; termination by the guest

7.1 The guest must comply with any house or resort rules that have been brought to his/her attention or that he/she is reasonably able to familiarise him/herself with thanks to appropriate notices.

7.2 The guest must promptly notify the host of any shortcomings or disruptions that occur and demand remedial action. If the guest culpably fails to report such shortcomings, any claims of the guest against the host may be entirely or partially forfeited.

7.3 The guest may only terminate the contract in the event of significant defects or disruptions. Upon reporting the shortcoming, the guest must first set the host a reasonable time limit for the host to take remedial action, unless remedial action is impossible or is refused by the host or if immediate termination is objectively justified by a special interest of the guest which is recognisable for the host or if for such reasons the guest objectively cannot be reasonably expected to continue his/her stay.

8. Special provisions relating to pandemics (particularly coronavirus)

8.1. The parties hereby agree that the host shall always perform the agreed services in compliance and in accordance with the official requirements and stipulations applicable during the period of the stay.

8.2 The guest declares that he/she agrees to comply with reasonable usage rules or restrictions of the host when taking advantage of services and to promptly notify the host in the event that he/she suffers typical symptoms of illness.

9. Limitation of liability

9.1 The host shall be liable without limitation insofar as

- the losses result from a breach of a key obligation whose fulfilment makes it possible to correctly perform the contract at all or the violation of which jeopardises the achievement of the objective of the contract;

- the losses result from loss of life or injury to the body or health.

Otherwise, the host’s liability shall be limited to losses caused by the host or its vicarious agents either intentionally or due to gross negligence.

9.2 Any proprietor's liability of the host for property brought into the accommodation under Article 701 et seq. BGB remains unaffected by this provision.

9.3 The host shall not be liable for service disruptions in connection with services which, recognisably for the guest, are merely brokered as third-party services during the stay (for example excursions, admission tickets, tickets for transport services, sports events, visits to the theatre, exhibitions, etc.). The same applies for external services which are brokered by the host together with the booking of the accommodation, provided that they are explicitly specified as being third-party services in the advertisement or booking confirmation.

10. Alternative dispute resolution; governing law and place of jurisdiction

10.1 With regard to the law on consumer dispute settlement, the host hereby indicates that at the time of printing of these guest accommodation conditions, key provisions of this law had not yet entered into force. The host currently does not participate in any voluntary consumer dispute settlements. Insofar as participation in a body for the resolution of consumer disputes becomes obligatory for the host after these guest accommodation conditions go to print, the guest shall be informed to that effect in an appropriate form. For all guest accommodation contracts which are concluded as electronic legal transactions, reference is made to the European online dispute resolution platform

10.2 The contractual relationship between the host and the guest is exclusively subject to German law. The same applies for any other legal relationship.

10.3 The guest may only bring a legal action against the host at the location of its registered office.

10.4 For actions brought by the host against the guest, his/her place of residence shall be applicable. For actions brought against guests who are traders, legal persons under public or private law or persons who have their place of residence/registered office or habitual residence abroad or whose place of residence/registered office or habitual residence are not known at the time when the action is brought, the location of the host’s registered office is agreed as the place of jurisdiction.

10.5 The above provisions do not apply if and insofar as non-modifiable regulations of the European Union or other international regulations applicable to the contract are applicable.

© copyright Noll | Hütten | Dukic Lawyers, Stuttgart | Munich; 2023