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
c) The contract arises through the receipt of the booking confirmation by the
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.