General Terms and Conditions of Zeller Land Tourismus GmbH
TERMS AND CONDITIONS OF ACCOMMODATION AND MEDIATION OF THE HOSTS IN THE HOLIDAY REGION ZELLER LAND
The following terms and conditions of accommodation and mediation apply to contracts for accommodation with hosts in the holiday region Zeller Land and their mediation by Zeller Land Tourismus GmbH!
Zeller Land Tourismus GmbH, hereinafter abbreviated to "ZLT", arranges accommodation from hosts and private landlords (hotels, inns, guesthouses, holiday rooms and holiday flats), hereinafter uniformly referred to as "hosts", in the holiday region Zeller Land according to the current offer. Insofar as effectively agreed, the following terms and conditions become the content of the accommodation contract concluded between the guest and the host in the event of a booking and regulate the contractual relationship between the guest and the host and the mediation activities of ZLT in addition to the statutory provisions. Please read these terms and conditions carefully.
1. position of the ZLT, the scope of application of these terms and conditions for the accommodation of guests
1.1 The following applies to all contracts concluded:
a) The ZLT is the operator of the respective websites or publisher of corresponding host directories, catalogues, flyers or other print media and online presences, insofar as it is expressly designated as the publisher/operator there.
b) Insofar as the ZLT arranges services of the hosts (accommodation, catering and the host's own ancillary services), which do not make up a significant proportion of the total value of the host's services and neither represents an essential feature of the host's or the ZLT's service combination nor are advertised as such, the ZLT merely has the position of an intermediary.
c) As an intermediary, the ZLT has the position of an intermediary or provider of associated travel services, insofar as the prerequisites for an offer of associated travel services by the ZLT exist according to the statutory provisions of § 651w BGB.
d) Notwithstanding the obligations of ZLT as a provider of associated travel services (in particular handing over the legally required form and carrying out customer money protection in the event of collection activities by ZLT) and the legal consequences in the event of non-fulfilment of these legal obligations, ZLT is neither a tour operator nor a contractual partner of the guest accommodation contract concluded in the event of a booking if the conditions according to b) or c) are met. Therefore, it is not liable for the host's information on prices and services, the provision of services itself, or deficiencies in services.
1.2 These Terms and Conditions of Accommodation apply, insofar as effectively agreed, to all bookings of accommodation for which the booking basis is the host directory published by the ZLT or in the case of bookings based on the corresponding offers on the internet.
1.3 The hosts reserve the right to agree on other terms and conditions of accommodation with the guest in individual cases or regulations that deviate from or supplement the following terms and conditions of accommodation.
2. Conclusion of contract, travel agent, information in hotel guides
2.1 With the booking, the guest, offers the host the binding conclusion of the guest accommodation contract, if necessary, after prior non-binding information by the host about his accommodation and current availability. The basis of this offer is the description of the accommodation. The supplementary information on the booking basis (e.g. description of the location, classification explanations) is available to the guest at the booking time.
2.2 The guest's booking can be made by all booking methods offered by the host, i.e. verbally, in writing, by telephone, by fax or by e-mail.
2.3 The contract is concluded upon receipt of the declaration of acceptance (booking confirmation) by the host or by ZLT as its representative. The declaration of acceptance does not require any particular form. Verbal and telephone confirmations are also legally binding for the guest and the host.
2.4 In accordance with the legal obligations, the guest is informed that according to the legal regulations (§ 312g para. 2 sentence 1 no. 9 BGB), there is no right of revocation for guest accommodation contracts concluded in distance selling (letters, catalogues, telephone calls, e-mails, messages sent via mobile phone service (SMS) or similar). Still, only the legal regulations on the non-utilisation of rental services ( § 537 BGB) apply (see also no. 6 of these guest accommodation conditions). However, there is a right of cancellation if the guest accommodation contract has been concluded outside the business premises.
2.5 As a rule, the host will send a written copy of the booking confirmation to the guest in the case of oral or telephone bookings. However, the guest accommodation contract's legal validity for such bookings does not depend on the receipt of the written copy of the booking confirmation.
2.6 Insofar as the host, or ZLT as its agent, offers the possibility of a binding booking and arrangement of accommodation by way of the electronic conclusion of the contract via an internet platform, the following applies to this conclusion of the contract:
a) The online booking procedure is explained to the customer employing corresponding instructions. Only the German language is available as the contract language.
b) The customer can correct or delete individual details or reset the entire online booking form via a correction option explained to him/her in the booking process.
c) After selecting the accommodation services desired by the customer has been completed. The customer's personal data has been entered. The entire data, including all essential information on prices, services, booked additional services and, for example, booked travel insurances, are displayed. The customer has the option of discarding the entire booking or making it again.
d) By pressing the button "book with the obligation to pay", the customer offers the host the binding conclusion of a guest accommodation contract. Accordingly, in the event of receipt of booking confirmation by the host or the ZLT as an intermediary within the binding period, pressing this button leads to the conclusion of a guest accommodation contract subject to payment. By making the online booking and pressing the button "book with the obligation to pay", no claim of the customer to the conclusion of a guest accommodation contract is established. The host is free to accept or reject the contract offer (the booking) of the customer.
e) Insofar as no booking confirmation is made in real-time, the host or the ZLT as intermediary shall immediately confirm the receipt of the booking to the customer electronically. This confirmation of receipt does not constitute a booking confirmation. It does not establish a claim to the guest accommodation contract's conclusion according to the customer's booking request.
f) The guest accommodation contract comes into effect with the customer's receipt of the booking confirmation. The host or ZLT as intermediary sends the customer in the form specified in the booking process by e-mail, fax or post.
2.7 If the booking confirmation content deviates from the content of the booking, this constitutes a new offer by the host. The contract shall be concluded based on this new offer if the guest declares acceptance by means of an express declaration, down payment or payment of the balance, or the accommodation's occupation.
2.8 Travel agents and booking offices are not authorised to make agreements, provide information or make assurances that alter the agreed content of the contract, go beyond the services contractually promised by the host or contradict the host's accommodation and service description.
2.9 Information in hotel guides and similar directories not published by the ZLT or the host are not binding for the host and its obligation to perform unless they have been made the content of the host's obligation to perform by express agreement with the guest.
3. Non-binding reservations
3.1 Reservations that are non-binding for the guest and the guest can withdraw free of charge are only possible with a corresponding express agreement with the ZLT or the host.
3.2 If no reservation that is non-binding for the guest has been expressly agreed, the booking according to section 2. (Conclusion of contract) of these terms and conditions basically leads to 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 held available for the host in a binding manner for booking by the guest until the agreed time. The guest must inform the ZLT or the host by this time if the reservation is to be treated as a binding booking for the guest. If this does not happen, the reservation lapses without any further obligation to notify the ZLT or the host. Suppose the notification is made in due time. In that case, a legally binding guest accommodation contract is concluded for the host and the guest upon its receipt by the host.
4. Prices and services, rebooking
4.1 The prices stated in the brochure are final prices. They include the statutory value-added tax and all ancillary costs unless otherwise indicated concerning the ancillary costs. Separate charges may be incurred and indicated, such as visitors' tax and charges for services billed according to consumption (e.g. electricity, gas, water, firewood) and optional and additional services.
4.2 The services owed by the host result exclusively from the content of the booking confirmation in connection with the valid brochure or the property description as well as from any supplementary agreements expressly made with the guest/client. The guest/client is recommended to make supplementary agreements in writing.
4.3 For rebookings (changes regarding the type of accommodation, the date of arrival and departure, the length of stay, the kind of catering, booked additional services and other supplementary services), for which there is no legal claim, the host may charge a rebooking fee of € 15 per change. This does not apply if the difference is only minor.
5.1 The due date of the down payment and final payment is determined by the arrangement made with the guest or the client and noted in the booking confirmation. If no special agreement has been made, the full accommodation price, including the charges for ancillary costs and additional services, shall be due for payment and payable to the host at the end of the stay.
5.2 The host may demand a deposit after the conclusion of the contract. Unless otherwise agreed in individual cases, it shall amount to 15% of the accommodation service's total price and booked additional services.
5.3 Payments in foreign currencies and by crossed cheque are not possible. Credit card payments and EC card payments are only possible if this has been agreed upon or is generally offered by the host by means of 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 or does not make it in full despite a reminder from the host setting a deadline, the host shall be entitled to withdraw from the contract with the guest and to charge the guest with withdrawal costs in accordance with clause 6 of these terms and conditions, insofar as the host itself is willing and able to provide the contractual services and insofar as no legal or contractual right of retention exists on the part of the guest. The host shall not be entitled to these rights if the guest is not responsible for the payment default.
6. Cancellation and no-show
6.1 In the event of withdrawal or non-arrival, the host's claim to payment of the stay's agreed price, including the catering portion and the fees for additional services, shall remain in effect.
6.2 The host shall endeavour to use the accommodation for another purpose within the scope of his ordinary business operations, without any obligation to make special efforts and taking into account the special character of the booked accommodation (e.g. non-smoking room, family room).
6.3 The host shall consider alternative occupancy and, insofar as this is not possible, saved expenses.
6.4 According to the percentages recognised by case law for the assessment of saved expenses, the guest or the client shall pay the following amounts to the host, in each case based on 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:
- 90 % for holiday apartments/accommodation without meals
- 80 % for bed and breakfast
- 70 % for half board
- 60 % for full board
6.5 The guest/client expressly reserves the right to prove to the host that his/her saved expenses are significantly higher than the deductions taken into account above or that the accommodation services or other services have been used elsewhere. In the event of such proof, the guest or the client shall only be obliged to pay the correspondingly lower amount.
6.6 The conclusion of travel cancellation insurance is strongly recommended.
6.7 For booking reasons, the notice of cancellation must be sent to ZLT (not to the host) in online bookings via the booking and reservation system deskline 3.0 and should be made in writing in the interest of the guest. In the case of direct bookings with the host, the notice of cancellation must be sent to the host.
7. Arrival and departure
7.1 The guest's arrival must occur at the agreed time, without special agreement, at the latest by 6:00 pm.
7.2 The following shall apply to later arrivals:
The guest shall be obliged to notify the host by the agreed time of arrival at the latest if he arrives late or does not wish to move into the booked accommodation until the following day in the case of stays of several days. If no notification is made in due time, the host shall be entitled to occupy the accommodation elsewhere. For the period of non-occupancy, the provisions in Clause 6 shall apply accordingly. If the guest notifies a later arrival, he/she shall pay the agreed remuneration, less any expenses saved by the host in accordance with Clauses 6.4 and 6.5, also for the period of non-occupancy, 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 any special agreement, at the latest by noon on the day of departure. If the accommodation is not vacated in due time, the host may demand a corresponding additional payment. The host reserves the right to claim further damages.
8. obligations of the customer to report defects, taking along animals, termination by the host
8.1 The guest shall be obliged to notify the host immediately of any defects and disturbances occurring and to demand remedy. Notification of defects only to the ZLT is not sufficient. If the notice of defects is culpably omitted, the guest's claims may lapse in whole or in part.
8.2 The guest can only terminate the contract in case of considerable defects or disturbances. He must first set the host a reasonable deadline for remedy within the framework of the notice of defects, unless the treatment is impossible, is refused by the host or immediate termination is objectively justified by a special interest of the guest recognisable to the host or for such reasons the continuation of the stay is objectively unreasonable for the guest.
8.3 The following applies to the bringing of pets:
Bringing and accommodating pets in the accommodation is only permitted in the event of an express agreement to this effect if the host provides for this possibility in the advertisement. The guest is obliged to provide truthful information about the pet's type and size within such agreements.
Violations of this may entitle the host to extraordinary termination of the guest accommodation contract. An unannounced bringing along of pets or incorrect information about type and size entitle the host to refuse the occupation of the accommodation, terminate the guest accommodation contract and charge cancellation costs according to item 6 of these terms and conditions.
9. Limitation of liability
9.1 The liability of the host from the accommodation contract according to § 536a of the German Civil Code (BGB) for damages which do not result from the breach of an essential obligation, the fulfilment of which makes the proper implementation of the accommodation contract possible in the first place or the breach of which endangers the achievement of the purpose of the contract, or from injury to life, body or health, is excluded insofar as they are not 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 The host's liability for brought-in items according to §§ 701 ff. BGB shall remain unaffected by this provision.
9.3 The host is not liable for service disruptions connected with services that during the stay are recognisably only arranged for the guest/client as external services (e.g. sporting events, theatre visits, exhibitions, etc.). The same applies to external services that are already arranged together with the accommodation's booking, insofar as these are expressly marked as external services in the invitation to tender or the booking confirmation.
10.1 Contractual claims of the guest/client against the host from the accommodation contract or the ZLT from the agency contract from injury to life, body 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 of their legal representatives or vicarious agents, shall become time-barred after three years. This also applies to claims for compensation for other damages based on a grossly negligent breach of duty by the host or the ZLT or a deliberate 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 statute of limitations according to the above provisions begins in each case with 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 the ZLT as a debtor or should have become aware without gross negligence. If the last day of the period falls on a Sunday, a public holiday recognised 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 the ZLT about asserted claims or the circumstances justifying the claim, the limitation period is suspended until the guest or the host or the ZLT refuses to continue the negotiations. One year's limitation 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 The parties agree that the agreed travel services shall always be provided by the respective service providers in compliance with and in accordance with the official requirements and conditions applicable at the time of travel.
11.2 The traveller agrees to observe reasonable regulations or restrictions on the use of the service providers when using travel services and notify the tour guide and the service provider immediately in the event of typical illness symptoms.
12. information on alternative dispute resolution; choice of law, and place of jurisdiction
12.1 With regard to the law on consumer dispute resolution, the host and the ZLT point out that participation in consumer dispute resolution is not obligatory for the host and the ZLT upon publication of these guest accommodation conditions and that the host and the ZLT do not participate in voluntary consumer dispute resolution. Suppose consumer dispute resolution would be obligatory for the host and/or the CCTC. In that case, they shall inform the guest/consumer of this in a suitable form. The host and the ZLT refer to the European online dispute resolution platform 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 the ZLT shall be governed exclusively by German law. The same applies to the other legal relationship.
12.3 Insofar as German law is not applied to permissible actions of the guest or the client against the host or the ZLT abroad for their liability on the merits, German law shall apply exclusively concerning 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 client, can only sue the host, or the ZLT, at their registered office.
12.5 The customer's domicile is decisive for the host's lawsuits or the ZLT against the guest or the customer. For lawsuits 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 lawsuit is filed, the place of jurisdiction shall be the host's place of residence.
12.6 The above provisions shall not apply if and insofar as non-mandatory provisions of the European Union or other international provisions apply to the contract.
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Please note that in the case of guest accommodation contracts (contracts for accommodation in hotels, inns, holiday flats, holiday rooms, on campsites or in other accommodation facilities), there is no right of withdrawal (i.e. no free right of withdrawal) according to the statutory provisions. Accordingly, after the conclusion of the contract, insofar as a free right of withdrawal has not been expressly agreed, there is only the possibility of withdrawal or cancellation subject to a charge in accordance with the terms and conditions of the host (insofar as these have been effectively agreed) or in accordance with the statutory provisions.
The following terms and conditions for the procurement of travel services ("procurement terms and conditions") apply to the procurement of individual travel services (accommodation, admission tickets, etc.), the procurement of associated travel services and the procurement of package tours by Zeller Land Tourismus GmbH!
Scope of application of these terms and conditions; division into sections A, B and C
Insofar as effectively agreed, the following terms and conditions become the brokerage contract's content concluded between you (hereinafter referred to as the customer or traveller) and Zeller Land Tourismus GmbH, hereinafter abbreviated to "ZLT", in the event of a booking from 01.07.2018. They supplement and complete the statutory provisions of §§ 651a - y BGB (German Civil Code) and Articles 250 and 251 of the EGBGB (Introductory Act to the German Civil Code). Please read these terms and conditions of brokerage carefully before making your booking!
Concerning the legally different types of mediation of travel services and package tours depending on the type of travel service mediated, these
Terms and Conditions are divided into 3 sections.
The exclusive provisions for the mediation of
A) of a single travel service or several travel services of a single type of travel service can be found in section A of these terms and conditions.
B) linked travel services can be found in Section B of these Terms and Conditions.
C) a package holiday, please refer to the provisions in Section C of these Terms and Conditions.
Section A: Arrangements for the procurement of a single travel service or multiple travel services of a single type of travel service.
The provisions of this Section A on the mediation of a single travel service or several travel services of a single type of travel service within the meaning of Section 651a (3) sentence 1 of the German Civil Code (BGB), as amended, apply exclusively if the mediated travel service is neither part of linked travel services according to Section B nor part of a package tour according to Section C. In this case, no information about the customer is required. In this case, no information of the customer by means of a form is required by law.
1. Conclusion of the contract, statutory provisions
1.1 Upon acceptance of the customer's brokerage order by the ZLT, the contract for the brokerage of travel services is concluded between the customer and the ZLT. Order and acceptance do not require any particular form.
1.2 If the order is placed electronically (e-mail, internet), ZLT will confirm receipt of the order electronically without delay. This confirmation of receipt does not yet constitute confirmation of acceptance of the brokerage order.
1.3 The mutual rights and obligations of the customer and the ZLT result from the contractual agreements made in the individual case, these Terms and Conditions and the statutory provisions, in particular §§ 651a ff BGB (German Civil Code) in conjunction with Art. 250ff EGBGB (Introductory Act to the German Civil Code), as this does not conflict with mandatory statutory provisions. Art. 250 et seq. EGBGB and §§ 675, 631 et seq. BGB (German Civil Code) on the provision of services against payment.
1.4 The rights and obligations of the customer vis-à-vis the contractual partner of the brokered service shall be governed exclusively by the agreements made with the latter, in particular - insofar as effectively agreed - the latter's travel or business terms and conditions. In the absence of any special agreement or reference, the conditions of carriage and tariff regulations issued by the competent transport authority on a statutory basis or based on international agreements shall apply to transport services.
2. General contractual obligations of ZLT, information, advice
2.1 based on these terms and conditions of brokerage, the customer will be advised in the best possible way. If requested, the booking enquiry will then be made with the service provider by ZLT. After confirmation by the service provider, the duty to perform includes handing over the documents relating to the arranged travel service(s). This does not apply if it has been agreed that the service provider will send the documents directly to the customer.
2.2 When providing advice and information, the ZLT is liable within the framework of the law and the contractual agreements for the correct selection of the source of information and the accurate passing on to the customer. An information contract with a primary contractual obligation to provide information shall only come into existence in the event of a corresponding express agreement. ZLT shall not be liable for the correctness of information provided in accordance with § 675 (2) BGB unless a special information contract has been concluded.
2.3 In the absence of an express agreement, ZLT is not obliged to determine and/or offer the most favourable provider of the requested travel service. Contractual obligations of ZLT in the context of "best price guarantees" issued by it remain unaffected by this.
2.4 In the absence of an express agreement, ZLT does not assume any guarantee within the meaning of § 276 (1) sentence 1 BGB concerning the information on prices, services, booking conditions and other circumstances of the travel service and no procurement guarantee within the meaning of this provision concerning the information on the availability of the services to be arranged by the agent.
2.5 ZLT accepts special requests only for forwarding to the service provider to be arranged. Unless otherwise expressly agreed, ZLT is not responsible for the fulfilment of such special requests. These are also not a condition or contractual basis for the brokerage order or for the customer's booking declaration to be forwarded by the broker to the service provider. The client pointed out that special requests generally only become part of the service provider's contractual obligations through express confirmation by the service provider.
3. Documents about the arranged travel services
3.1 Both the customer and ZLT are obliged to check the contractual and other documents of the brokered service provider concerning the travel services that were handed over to the customer by ZLT, in particular booking confirmations, hotel vouchers, admission tickets, insurance certificates and other documents concerning the brokered travel services for correctness and completeness, in particular for conformity with the booking and the brokerage order.
3.2 Insofar as documents about the brokered travel services are not sent to the customer directly by the brokered service provider, they shall be handed over by ZLT by handing them over at the business premises of ZLT or, at the discretion of ZLT, by postal or electronic dispatch.
4. Obligations of the customer to cooperate with ZLT
4.1 The customer must notify ZLT immediately of any errors or defects in ZLT's brokerage activities that are apparent to him. This includes, in particular, incorrect or incomplete details of personal customer data, other information, information and documents about the brokered travel services, as well as the incomplete execution of brokerage services (e.g. bookings or reservations not made).
4.2 If the customer does not give notice in accordance with section 4.1, the following shall apply:
a) If the customer fails to give notice in accordance with section 4.1 through no fault of his own, his claims shall not lapse.
b) Claims of the customer against ZLT shall lapse insofar as ZLT proves that the customer would not have suffered any damage or would not have suffered damage in the amount claimed by the customer if ZLT had been appropriately notified. This applies particularly insofar as ZLT proves that the customer's immediate notification would have enabled ZLT to remedy the defect or reduce the damage, e.g. by rebooking, additional booking, or cancelling the mediated service provider.
c) Claims of the client in the event of a failure to notify according to section 4.1 do not lapse
- in the case of damage resulting from injury to life, limb or health due to an intentional or negligent breach of duty on the part of ZLT or a legal representative or vicarious agent of ZLT
- in the case of claims for compensation for other damages resulting from an intentional or grossly negligent breach of duty by ZLT or a legal representative or vicarious agent of ZLT
In the event of a breach of a material obligation, the fulfilment of which is a prerequisite for the brokerage contract's proper performance or the violation of which jeopardises the achievement of the contract's purpose.
Liability for booking errors according to § 651x BGB remains unaffected.
4.3 A contractual and/or legal obligation of the client to report defects to the mediated Service Provider shall remain unaffected by Clause 4.
4.4 The customer is requested in his own interest to inform ZLT of any special needs or restrictions with regard to the travel services requested.
5. Reimbursement of Expenses, Remuneration, Collection
5.1 ZLT is entitled to demand payments in accordance with the service and payment provisions of the service providers arranged, insofar as these have been effectively agreed between the service provider and the customer and contain legally effective payment provisions.
5.2 ZLT may assert payment claims against the customer as the latter's agent for collection, insofar as this is in accordance with the agreements between ZLT and the service provider, but also in its own right based on the customer's statutory obligation as principal to make an advance payment in accordance with Section 669 of the German Civil Code.
5.3 The above provisions shall apply mutatis mutandis to cancellation costs (compensation for withdrawal) and other statutory or contractual claims of the mediated service provider.
5.4 The customer may not counter its own payment claims from ZLT by way of retention or set-off. The customer has claims against the brokered service provider, particularly due to the brokered contract's unsatisfactory performance. This does not apply if a culpable breach of contractual obligations on the part of ZLT has caused or contributed to the occurrence of such claims or if ZLT is liable to the customer for the counterclaims asserted for other reasons.
6. obligations of ZLT in the event of complaints by the customer against the mediated service providers
6.1 Claims must be asserted against the mediated service providers within specific deadlines resulting from the law or contractual agreements. As a rule, these deadlines are not met by asserting them against ZLT. This also applies if the customer wishes to assert claims against both ZLT and the service provider for the same travel service.
6.2 In the event of complaints or other assertion of claims against the mediated service providers, the obligation of ZLT is limited to the provision of the necessary and known information and documents, particularly the communication of the names and addresses of the mediated service providers.
6.3 If ZLT assumes - even without being obliged to do so - the forwarding of the customer's claim letters within the time limit, ZLT shall only be liable for timely receipt by the recipient in the event of a missed deadline caused by ZLT itself intentionally or through gross negligence.
6.4 With regard to the customer's claims against the mediated service providers, ZLT is not obliged to provide advice on the type, scope, amount, conditions for claims and deadlines to be observed or other legal provisions.
7. important information on the insurance of travel services
7.1 ZLT draws the customer's attention to the possibility of taking out travel cancellation insurance at the time of booking in order to minimise the cost risk in the event of cancellation by the customer.
7.2 The customer is further advised that travel cancellation insurance does not normally cover the customer's loss due to cancelling the travel services' use after they have commenced, even if this is not the customer's fault. As a rule, travel cancellation insurance must be taken out separately.
7.3 When arranging travel insurance, the customer's attention is drawn to the fact that the insurance conditions of the agreed travel insurance may contain special contractual conditions and/or duties of cooperation on the part of the customer, in particular exclusions of liability (e.g. in the case of pre-existing conditions), deadlines for reporting damage and deductibles. ZLT is not liable insofar as it has not provided false information regarding the insurance conditions. The brokered travel insurer has a right to refuse performance vis-à-vis the customer based on effectively agreed insurance conditions.
8. Liability of the ZLT
8.1 Insofar as ZLT has not assumed a corresponding further contractual obligation by express agreement with the customer, ZLT is only liable for the brokerage obligations' proper fulfilment. These intermediary duties include in particular the legally effective transmission of the offer to conclude the contract with the service providers to be intermediated and, in the event of acceptance of the contract offered by the service providers to be intermediated, the transmission of the contract confirmation in the name and for the account of the intermediated service provider.
8.2 ZLT is not liable for defects and damages incurred by the customer connected with the brokered travel service. This does not apply in the event of an express agreement or assurance to this effect by ZLT, particularly if this deviates significantly from the service provider's service description.
8.3 Any liability on the part of ZLT arising from the culpable breach of intermediary obligations and liability in accordance with § 651x BGB remains unaffected by the above provisions..
9 Special regulations in connection with pandemics (in particular the Coronavirus)
9.1 In the absence of an express agreement, ZLT is not obliged to inform the customer about any generally applicable regulations at the travel services destination connected with pandemics (in particular the Coronavirus).
9.2 The parties agree that the agreed travel services will always be provided by the respective service providers in compliance with and in accordance with the official requirements and conditions applicable at the time of travel.
9.3 The traveller agrees to observe reasonable regulations or restrictions on the use of the service providers when using travel services and notify the tour guide and the service provider immediately in the event of typical illness symptoms.
10. Alternative dispute resolution; choice of law and place of jurisdiction
10.1 With regard to the law on consumer dispute resolution, ZLT points out that ZLT does not participate in voluntary consumer dispute resolution. Suppose consumer dispute resolution becomes obligatory for ZLT after these terms and brokerage conditions have gone to print. In that case, ZLT will inform consumers of this in an appropriate manner. For all travel contracts concluded in electronic legal transactions, ZLT refers to the European online dispute resolution platform ec.Europa.EU/consumers/odr/.
10.2 For customers/travellers who are not nationals of a member state of the European Union or Swiss citizens, German law's exclusive validity is agreed upon for the entire legal and contractual relationship between the customer/traveller and ZLT. Such customers/travellers may sue ZLT exclusively at its registered office.
10.3 For legal action by ZLT against customers or contractual partners of the package tour contract who are merchants, legal entities under public or private law or persons who have their place of residence or habitual abode abroad, or whose place of residence or habitual abode is unknown at the time the action is brought, the place of jurisdiction is agreed to be the registered office of ZLT.
Section B: Regulations for the procurement of associated travel services in accordance with §651w of the German Civil Code (BGB)
The provisions of this section B on the brokerage of associated travel services apply exclusively if ZLT hands out the form on the brokerage of associated travel services. In this form, the customer is informed that no package tour is booked with the booking of a further travel service with the agent, but that linked travel services are created with the second contract's conclusion.
1. payments for associated travel services
1.1 The ZLT may only accept payments from the traveller for remuneration of associated travel services if the ZLT has ensured that these will be reimbursed to the traveller, insofar as travel services are to be provided by ZLT itself or remuneration claims of intermediated service providers are still to be fulfilled and in the event of the ZLT's insolvency
a) travel services are cancelled or
b) the traveller complies with requests for payment from unsatisfied intermediated service providers with regard to travel services provided.
1.2 ZLT provides this security in the case of the brokerage of associated travel services by taking out insolvency insurance in accordance with § 651w (3) BGB (German Civil Code), stating the name and contact details of the customer's insurer in a clear, comprehensible and prominent manner and handing over a corresponding security certificate for all payments made by the customer to ZLT for associated travel services, insofar as the customer does not make payments directly to the brokered service provider of the associated travel service.
2. Reference to the additional validity of provisions in Section A.
2.1 Also, the following clauses of Section A of these Terms and Conditions shall apply to the procurement of linked travel services: 1; 2; 3; 4; 6; 7; 8; 9; 10.
2.2 Clause 5 of Section A applies only on the condition that ZLT has fulfilled its obligation under Clause 1 of this Section B to secure payments.
Section C: Regulations for the travel agency of package tours according to §652v BGB by ZLT
The regulations of this section C on the mediation of package travel contracts ("travel mediation") according to § 651v BGB n.F. apply exclusively if the travel mediator hands out the form on package travel. In the form, the intermediated tour operator is identified as the company responsible for the provision of the package tour.
1. payments by the customer/traveller on package tours
1.1 ZLT and the intermediated tour operator may only demand or accept payments on the tour price before the end of the package tour if there is an effective customer money protection contract by the tour operator. The customer has been given the tour operator's security certificate with the customer money protection company's name and contact details in a clear, comprehensible and prominent manner.
2. declarations of the customer/traveller
ZLT is deemed authorised by the tour operator to receive notifications of defects and other declarations from the customer/traveller regarding the package tour provision. ZLT will immediately inform the tour operator of such declarations by the traveller. To avoid time loss despite immediate forwarding, ZLT recommends that corresponding declarations be made directly to the tour operator or the tour operator's contact point.
3. reference to the additional validity of regulations in section A
3.1 In addition, the following clauses of Section A of these terms and conditions apply to the travel brokerage of package tours: 1; 2.1; 2.3; 2.4; 2.5; 3.1; 4.1; 4.4; 6.4; 7; 8; 9.2; 9.3; 10;
3.2 Item 2.2 of Section A shall apply only insofar as information is concerned. The travel agent is not obliged to provide pursuant to Section 651v (1) of the German Civil Code (BGB) in conjunction with. Art. 250 § 1 to 3 EGBGB.
3.3 Item 3.2 of section A only applies insofar as the customer is not entitled to a travel confirmation in paper form in accordance with Art. 250 § 6 (1) sentence 2 EGBGB.
© These Intermediary Terms and Conditions are protected by copyright; Noll | Hütten | Dukic Rechtsanwälte, Munich | Stuttgart, 2004-2021.
Zeller Land Tourismus GmbH
HRB 21962 Amtsgericht Koblenz
56856 Zell (Mosel)
+49 6542 9622-0
+49 6542 9622-29
TERMS AND CONDITIONS OF TRAVEL FOR PACKAGES OFFERED BY ZELLER LAND TOURISMUS GMBH
Please read the following terms and conditions of travel for package tours carefully. These terms and conditions of travel, insofar as they are effectively included, become an integral part of the travel contract which you - hereinafter referred to as the "traveller" or "customer" - conclude with Zeller Land Tourismus GmbH, hereinafter referred to as "ZLT", as the tour operator. These travel conditions apply exclusively to the package offers of ZLT. They do not apply to the procurement of third-party services (such as guided tours and admission tickets) and not to contracts for accommodation services or their procurement. They supplement and fill out the statutory provisions of §§ 651a - y BGB (German Civil Code) and Articles 250 and 252 of the EGBGB (Introductory Act to the German Civil Code):
1. Conclusion of contract
1.1 With the booking (travel registration), which can be made verbally, by telephone, in writing, by fax or by e-mail, the customer makes a binding offer to ZLT to conclude a travel contract. The basis of his offer is the travel description, these travel terms and conditions and all supplementary information in the booking basis (catalogue, host directory, internet), insofar as these are available to the customer.
1.2 The travel contract is concluded upon receipt of the travel confirmation (declaration of acceptance) by the tour operator. Upon or without delay after the conclusion of the contract, the tour operator will send the customer a travel confirmation on a durable data medium (which enables the customer to keep or store the declaration unchanged in such a way that it is accessible to him within a reasonable period, e.g. on paper or by e-mail) that complies with the legal requirements regarding its content, unless the traveller is entitled to a travel confirmation in paper form according to Art. 250 § 6 para. (1) sentence 2 EGBGB (Introductory Act to the German Civil Code) because the contract's conclusion took place in both parties' simultaneous physical presence or outside business premises.
1.3 Insofar as ZLT offers the option of a binding booking by way of electronic contract conclusion via an internet platform, the following applies to this contract conclusion:
a) The online booking procedure shall be explained to the customer employing appropriate instructions. Only the German language is available as the contract language.
b) The customer can correct or delete individual details or reset the entire online booking form via a correction option explained to him/her in the booking process.
c) After selecting the travel services desired by the customer has been completed. The customer's personal data has been entered, the entire data, including all essential information on prices, services, booked additional services and, for example, booked travel insurance, will be displayed. The customer has the option of discarding the entire booking or making a new one.
d) By pressing the button "book with the obligation to pay", the customer offers ZLT the binding conclusion of a travel contract. Accordingly, pressing this button leads to the conclusion of a payable travel contract in receipt of booking confirmation by ZLT. By making the online booking and pressing the button "book with the obligation to pay", the customer does not establish a claim to conclude a travel contract. ZLT is free to accept or reject the customer's contractual offer (booking).
e) If no booking confirmation is made in real-time, ZLT will immediately confirm receipt of the booking to the customer electronically. This confirmation of receipt does not constitute a booking confirmation. It does not constitute a claim to the travel contract's conclusion in accordance with the customer's booking request.
f) The travel contract comes into effect with the receipt of the booking confirmation by the customer, which ZLT sends to the customer in the form specified in the booking process by e-mail, fax or post.
1.4 If the booking confirmation of ZLT differs from the customer's booking, a new offer of ZLT exists. ZLT is bound for 7 days from the date of the booking confirmation. The contract comes into effect based on this amended offer because the customer declares the acceptance of this offer by express declaration, down payment, or balance payment. The same applies if ZLT has made an offer to the customer in text form for a flat rate.
1.5 The pre-contractual information provided by ZLT on essential features of the travel services, the travel price and any additional costs, the payment arrangements, the minimum number of participants and the cancellation fees (pursuant to Article 250 § 3 numbers 1, 3 to 5 and 7 of the Introductory Act to the German Civil Code) shall only not become part of the package travel contract if this has been expressly agreed between the parties.
1.6 ZLT points out that according to the statutory provisions (§§ 312 para. 7, 312g para. 2 sentence 1 no. 9 BGB), there is no right of cancellation for package travel contracts according to § 651a and § 651c BGB, which were concluded in distance selling (letters, catalogues, telephone calls, telecopies, e-mails, messages sent via mobile phone service (SMS) as well as broadcasting, Telemedia and online services), but only the statutory rights of withdrawal and termination, in particular the right of withdrawal according to § 651h BGB (see also section 8). However, there is a right of withdrawal if the contract for travel services has been concluded outside business premises pursuant to Section 651a BGB.
2.1 The services owed by ZLT result exclusively from the booking confirmation content in conjunction with the underlying advertisement of the respective package and all notes and explanations on the booking basis.
2.2 Travel agents and service providers, in particular accommodation providers, are not authorised by ZLT to give assurances or to make agreements that go beyond or contradict the travel description or booking confirmation or to change the confirmed content of the travel contract.
2.3 Information in hotel guides, brochures and similar directories, in particular also in house brochures of the accommodation hosts, which ZLT does not publish, are not binding for ZLT and its obligation to perform, insofar as they have not been made the content of the host's obligation to perform by express agreement with the guest.
3. deposit/residual payment
3.1 Tour operators and travel agents may only demand or accept payments on the tour price before the package tour's end if an effective customer money protection contract exists. The customer has been handed over the security certificate with the customer money protector's name and contact details in a clear, comprehensible and highlighted manner. After the contract's conclusion (a receipt of the booking confirmation) and after handing over a security certificate, a deposit is to be paid, which will be credited against the tour price. Unless otherwise agreed in the individual case and noted in the booking confirmation, it amounts to 20% of the tour price.
3.2 The balance is due 28 days before the start of the tour if no other payment date has been agreed in the individual case, the deposit guarantee certificate has been handed over, and, indeed, the tour can no longer be cancelled for the reasons stated in section 8 of these terms and conditions. For bookings made less than 28 days before the start of the tour, the entire tour price is due for payment immediately.
3.3 In deviation from the provision in sections 3.1 and 3.2, the obligation to hand over a chattel paper does not apply if the contractual services do not include transport to and from the holiday destination. It is agreed and noted in the booking confirmation that the entire tour price will only be paid on site after the tour's end (end of the package tour).
3.4 Insofar as no contractual or legal right of withdrawal exists on the part of the customer and ZLT is willing and able to provide the contractual services, the following applies:
a) If the travel guest does not make the down payment or final payment or does not make it in full by the agreed dates when the conditions for payment are met, ZLT is entitled to withdraw from the contract after issuing a reminder with a deadline and to charge the travel guest with withdrawal costs in accordance with point 4 of these terms and conditions. ZLT is not entitled to these rights if the guest is not responsible for the delay in payment.
b) Without full payment of the tour price, the customer has no right to use the travel services or to receive the travel documents.
4. Cancellation by the customer, rebooking
4.1 The customer may withdraw from the tour at any time up to the start of the tour. It is recommended to declare the withdrawal in text form to avoid misunderstandings. The cut-off date is the date of receipt of the withdrawal declaration by ZLT or the travel agent.
4.2 If the customer withdraws before the start of the trip or does not start the trip, ZLT loses the claim to the travel price. Instead, ZLT can demand reasonable compensation insofar as ZLT is not responsible for the withdrawal. ZLT cannot demand compensation insofar as unavoidable, extraordinary circumstances occur at the destination or in its immediate vicinity which significantly impairs the performance of the package tour or the transport of persons to the destination; circumstances are unavoidable and extraordinary if they are beyond the control of ZLT and their consequences could not have been avoided even if all reasonable precautions had been taken.
4.3 The amount of compensation is determined by the travel price minus the value of the expenses saved by ZLT and minus what ZLT acquires through other use of the travel services, which he tour operator must justify at the request of the customer. The tour operator has set the following flat rates for compensation, taking into account the period between the notice of cancellation and the start of the trip and the expected savings in expenses and the expected acquisition through other use of the travel services. The compensation shall be calculated according to the time of receipt of the declaration of cancellation as follows with the respective cancellation scale:
up to the 31st day before the start of the tour, 10% of the tour price
from the 30th to the 21st day before the beginning of the tour, 20% of the tour price
from the 20th to the 12th day before the start of the tour, 30 % of the tour price
from the 11th to the 3rd day before departure, 70 % of the tour price
from the 3rd day before the start of the tour and in the event of a no-show, 90% of the tour price.
4.4 We strongly recommend that you take out travel cancellation insurance and insurance to cover repatriation costs in the event of an accident or illness.
4.5 The customer reserves the right to prove to ZLT that it has incurred no costs or significantly lower costs than the flat rates specified above. In this case, the customer is only obliged to pay the lower costs.
4.6 A compensation lump sum pursuant to section 4.3 is deemed not fixed and agreed if ZLT proves that ZLT has incurred significantly higher expenses than the calculated amount of the lump sum in accordance with section 4.3. In this case, ZLT is obliged to specifically quantify and justify the requested compensation, taking into account the saved expenses and the acquisition of any other use of the travel services.
4.7 If, at the request of the customer, changes are made after the conclusion of the contract concerning the travel date, the accommodation, the type of catering or other services (rebooking), ZLT can charge a rebooking fee of € 15.00 up to the 32nd day before the start of the trip without the customer having a legal claim to the rebooking and only if this is possible at all. Later rebookings are only possible with withdrawal from the travel contract and rebooking in accordance with the above withdrawal conditions. This does not apply to rebooking requests that only cause minor costs.
4.8 If ZLT is obliged to refund the travel price due to a withdrawal, §651h para.5 BGB remains unaffected.
4.9 The customer's legal right to demand from ZLT, in accordance with §651 e BGB, by means of notification on a durable data medium, that a third party take his place in the rights and obligations arising from the package travel contract remains unaffected by the above conditions. Such a declaration is, in any case, timely if it is received by ZLT 7 days before the start of the trip.
5. Obligations of the traveller (notification of defects, cancellation)
5.1 The traveller is obligated to notify ZLT immediately of any defects that occur and to demand a remedy. The traveller's claims will only not be forfeited if the traveller fails to give notice of defects through no fault of his own. However, the traveller can also bring the notice of defects to his travel agent's attention through whom he booked the trip. Notification of defects to the service provider, in particular the accommodation provider, is not sufficient.
5.2 If the trip is considerably impaired as a result of a travel defect or if the traveller cannot reasonably be expected to carry out the trip as a result of such a defect for an important reason recognisable to ZLT, the traveller may terminate the travel contract in accordance with the statutory provisions (§ 651l BGB). Suppose a customer/traveller wishes to terminate the package travel contract due to a travel defect of the type described in § 651i (2) BGB. In that case, insofar as it is significant, in accordance with § 651l BGB, he must first set the tour operator a reasonable deadline for remedial action. This does not apply only if the tour operator refuses the remedy or if immediate treatment is necessary.
5.3 The traveller has to assert claims according to § 651i paragraph (3) no. 2, 4-7 BGB (German Civil Code) due to non-contractual provision of the travel services against ZLT at the address given below. The claim can also be made via the travel agent if the trip was booked via this travel agent. The contractual claims listed in § 651 i paragraph (3) BGB (German Civil Code) are subject to a limitation period of two years. According to the contract, the statute of limitations begins when the trip was supposed to end. It is strongly recommended that claims are made in text form.
6. Special obligations of the traveller for packages with medical services, spa treatments, wellness offers
6.1 In the case of packages that include medical services, spa treatments, wellness offers or comparable services, it is the responsibility of the traveller to inform himself before booking, before departure and before using the services whether the corresponding treatment or services are suitable for him, taking into account his personal health disposition, in particular any pre-existing complaints or illnesses.
6.2 ZLT does not owe any special medical information or instruction about the consequences, risks and side effects of such services, in particular, tailored to the respective traveller, in this respect without express agreement.
6.3 The above provisions apply irrespective of whether ZLT is merely an agent for such services or whether they form part of the travel services.
7.1 ZLT's contractual liability for damages that do not result from the breach of a material obligation, the fulfilment of which is essential to the proper performance of the contract or the breach of which jeopardises the achievement of the purpose of the contract or from injury to life, limb or health, and that are not culpably caused is limited to three times the travel price,
7.2 ZLT is not liable for information and service disruptions in connection with services that are not contractually agreed main services and are not part of the package offer of ZLT and are recognisable to the customer and are described as external services in the travel description or the booking confirmation and stating the identity and address of the brokered contractual partner, or are merely brokered as external services during the stay (e.g. spa and wellness services, sporting events, theatre visits, exhibitions, excursions, etc.). Sections 651b, 651c, 651w and 651y BGB remain unaffected by this.
7.3 Insofar as services such as medical services, therapy services, massages or other curative treatments or services are not part of the package offered by ZLT and are merely arranged by ZLT in addition to the booked package in accordance with section 7.2, ZLT is not liable for the provision of services or personal injury or damage to property. Insofar as such services are part of the travel services, ZLT is not liable for the success of a cure or spa treatment. Sections 651b, 651c, 651w and 651y of the BGB remain unaffected by this.
8. withdrawal by ZLT due to failure to reach a minimum number of participants as advertised
8.1 If a minimum number of participants is not reached in the specific travel advertisement for a particular trip or in a general note in the travel brochure for all trips or trips precisely described therein, ZLT can withdraw from the travel contract up to 21 days before the start of the trip if ZLT
a) has stated the minimum number of participants in the respective pre-contractual information and the time by which the customer must have received the declaration before the contractually agreed start of the trip at the latest, and
b) states the minimum number of participants and the latest cancellation deadline in the travel confirmation.
8.2 Cancellation must be declared to the customer no later than on the date indicated to the customer in the pre-contractual information and the travel confirmation. Suppose it is already apparent that the minimum number of participants cannot be reached at an earlier point in time. In that case, the tour operator must immediately make use of his right of withdrawal.
8.3 In the event of withdrawal by ZLT, the customer will be refunded any payments made on the tour price without delay, but in any case, within 14 days of receipt of the withdrawal notice.
9. services not used
Suppose the traveller does not make use of individual travel services that ZLT was willing and able to provide in accordance with the contract for reasons for which the traveller is responsible. In that case, the traveller has no right to a proportional refund. However, ZLT will endeavour to obtain a refund from the service provider, insofar as the amounts involved are relatively significant, and will pay the corresponding amounts back to the customer as soon as and insofar as they have actually been refunded to ZLT by the individual service providers.
10. Special regulations in connection with pandemics (in particular the Coronavirus)
10.1 The parties agree that the agreed travel services will always be provided by the respective service providers in compliance with and in accordance with the official requirements and conditions applicable at the time of travel.
10.2 The traveller agrees to observe reasonable regulations or restrictions on the use of the service providers when using travel services and notify the tour guide and the service provider immediately in the event of typical illness symptoms.
11. information on alternative dispute resolution facilities; choice of law, and jurisdiction agreement
11.1 With regard to the Consumer Dispute Resolution Act, ZLT points out that ZLT does not participate in voluntary consumer dispute resolution. If consumer dispute resolution becomes obligatory for ZLT, ZLT will inform the consumers about this appropriately. ZLT refers to the European online dispute resolution platform http://ec.europa.eu/consumers/odr/ for all contracts concluded in electronic legal transactions.
11.2 For travellers who are not nationals of a member state of the European Union or Swiss citizens, German law's exclusive application is agreed for the entire legal and contractual relationship between the traveller and ZLT. Such travellers may sue ZLT exclusively at its registered office.
11.3 For legal action by ZLT against travellers or contracting parties to the travel contract who are merchants, legal entities under public or private law or persons whose place of residence or habitual abode is abroad, or whose place of residence or habitual abode is unknown at the time the action is brought, the place of jurisdiction is agreed to be the registered office of ZLT.
© These Brokerage Terms and Conditions are protected by copyright; Noll | Hütten | Dukic Rechtsanwälte, Munich | Stuttgart, 2004-2021