1. If a room, a holiday apartment or holiday cottage is ordered and reserved or is made available for last-minute bookings, this constitutes the conclusion of an accommodation agreement. Insofar as no agreement has been made in writing, an oral booking, in particular by telephone, shall constitute a legally binding agreement.
2. The accommodation agreement obliges both parties to fulfil said agreement, regardless of the duration of the agreement. The owner of the accommodation facility is obliged to provide the booked accommodation for the agreed period. The guest shall pay the price of the accommodation as contractually agreed on.
3. A unilateral cancellation of a binding booking without payment on the part of the guest is excluded if the guest cannot use the booked accommodation for reasons that lie within his or her own scope of risk (exception: force majeure).
4. If the guest still withdraws from the agreement, he/she is obliged, regardless of the date and the reason of withdrawal, to pay the agreed or customary price. However, the owner of the accommodation establishment must deduct any expected saved expenses from the claim. Based on case law, the flat-rate amounts of saved expenses recognised as appropriate are 20 % of the accomodation price for bed and breakfasts, 30 % for half-board packages, 40 % for full-board packages and 10 % for holiday apartments or holiday cottages.
5. The owner of the accommodation establishment is expected in good faith to let any unused accommodation slots to other clients and must deduct any amount saved by such rentals from the claimed amount.
6. The guest retains the right to prove that the accommodation establishment has not incurred any or only slight damages.
7. If the owner of the accommodation establishment cannot provide the guest with accommodation (e.g., due to overbooking), the owner must pay for any damages incurred by the guest. Only in cases of force majeure, such as natural disasters, may the owner of the accommodation establishment be absolved from providing the service.
8. Exclusive place of jurisdiction is the location of the accommodation establishment.
Source: Deutscher Tourismusverband e.V.