Guest accommodation and referral 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 specified therein as the publisher/operator.
1.2. . Insofar as RTG brokers further services of the hosts that do not account
for a significant share 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 agent.
1.3. . As an agent, RTG has the status of a provider of associated travel services,
insofar as the requirements for an offer of associated travel services of
RTG under the provisions of Article 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 (particularly 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, in the
event that the requirements under Section 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 on
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, for 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.

2.1. The following applies for 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 (Article 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
(Article 537 BGB) apply (see also Section 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 for 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 arises upon receipt by the guest of the declaration of acceptance
issued by the host (booking confirmation). There are no formal requirements for
such a declaration, so oral and telephone confirmationsare also legally
binding for the guest and the host. As a rule, upon an oral or telephone booking
confirmation the host will additionally send the guest a written copy of the
booking confirmation. However, provided that they are appropriately confirmed
with binding effect orally or by telephone by the host, 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 arises without
an appropriate return confirmation by the host being required if the guest
accepts that 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 by taking advantage of the accommodation.
2.3. In the case of bookings over the Internet, the following applies for the conclusion
of the contract:
a) By clicking on the “book for a fee” button, the guest submits a binding offer
to the host for the conclusion of the guest accommodation contract. The receipt
of the booking will be promptly electronically confirmed for the guest.
b) The transmission of the contractual offer by clicking on the “book for a fee”
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 arises through the receipt of the booking confirmation by the
guest.
2.4. If the booking confirmation is issued immediately after the booking by the
guest upon clicking on the "book for a fee" button via the corresponding display
of the booking confirmation on the screen (booking in real-time), the guest
accommodation contract shall arise upon receipt of this booking confirmation by
the guest and display on their screen. In this case, the guest will be presented
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
will 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.

3.1. The prices specified in the booking basis (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 accommodation and
the host services in the booking basis and any supplementary arrangements
explicitly made with you.

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. After the conclusion of 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 otherwise been
agreed upon in individual cases.
4.3. In the case of stays of more than one week, the host may, after they end,
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 in foreign currencies are not possible. 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, despite a reminder issued by the host and setting a reasonable time limit,
the guest fails to make an agreed advance payment or fails to pay it in full before
the deadline, provided that it is ready and able to provide the contractual services
itself and provided that no statutory or contractual right of set-off or retention
of the guest exists, the host shall have the right to rescind the contract with
the guest and demand from the latter rescission costs in accordance with Section
6 of these terms and conditions, to the extent that the guest is responsible
for the delay in making payment.

5.1. The guest must arrive at the agreed time – without a special agreement no
later than by 6 p.m.
5.2. The following applies for later arrivals:
a) The guest must inform the host no later than by 6 p.m. or at the agreed time
of arrival that he/she will be arriving late or, in the case of stays lasting multiple
days, will 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 guest accommodation conditions on rescission/
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 rescission/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.
5.3. The accommodation must be vacated by the guest at the agreed time –
without a special arrangement no later than by 12 p.m. 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 p.m. 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.

6.1. In the event of rescission or a no-show by the guest, the host’s entitlement
to payment of the agreed accommodation price, including the percentage for
meals and remuneration for additional services, shall remain unaffected. This
shall not apply insofar as the guest is granted a free-of-charge rescission right
by the host in an individual case and the guest’s declaration on the exercise of
that free rescission 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
Section 6.1.
6.4. According to the percentages recognised by case law for the assessment
of saved expenses, the guest is obliged to pay the following amounts to the
host, taking into account any amounts to be credited in accordance with Section
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 explicitly retains 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.

7.1. The guest must comply with any house rules or farmyard 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 defects or disruptions that
occur and demand remedial action. If the guest culpably fails to report such
defects, any claims of the guest against the host may be entirely or partially
forfeit.
7.3. The guest may only terminate the contract in the event of significant defects
or disruptions. The guest must first set the host a reasonable time limit in the defect notice 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.

8.1. The parties 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.

9.1. 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.

10.1. 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 this 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 https://ec.Europe.eu/consumers/odr/.
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 suits brought by the host against the guest, his/her place of residence
shall be applicable. For suits 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.