HOTEL DE GmbH operates a worldwide hotel reservation service under www.hotel.de, www.hotel.info and all linked partner sites. The following Terms and Conditions of Participation of hotel.de, hereinafter referred to as the “provider“, apply to all domains and subsidiaries of same.
1. Area of Validity
These general terms and conditions apply to both all non-binding reservation enquiries and to binding reservations of rooms or meetings using the provider's worldwide reservation system. The provision of single travel arrangements that you can book through the internet websites of the service provider can sometimes be supplied through online reservation systems of partners of said provider. (The provider of the reservation system).
2. Service content
The component parts of the service are the provision of contracted accommodation, travel arrangements or meetings' contracts which arise during the actual booking process between yourself and the selected hotel. The confirmed price is to be paid by you direct to the hotel. All and any claims and responsibilities that may arise from this booking, travel or meeting contract are made only between the booking customer and the selected hotel selected. There are no contractual obligations between the booking customer and the provider.
The provider as well as the owner of the reservation service will fully inform you about a selection of individual travel arrangements on the website of said provider. When you wish to book a travel service the provider or the owner of the reservation service accepts your booking request. As long as the intermediary or the provider of the reservation service are aware that the booked travel arrangements are available they accept your reservation and transmit it to the hotel/provider and send you a confirmation of booking. Otherwise the provider or the owner of the reservation service transmits your booking request to the relevant serviceprovider and sends you their response to same.
The person who offers the travel service (provider) is not the owner of the reservation system or the intermediary, but the hotel proprietor
Should you book several travel services through the website of the provider the selection and composition of each individual travel service and the responsibility for same rests solely with you and not the provider of the reservation service.
In the selection of any travel service contained within the reservation system the details requested will be adhered to as far as is possible (e.g. location, destination, price, duration, category). The selection shown by the reservation system does not preclude the fact that there may be other or better travel services available which could also conform to your parameters and conditions.
3. The Contract between You and the Travel Service Provider
Through the use of the reservation system a contract for accommodation is made between you and the provider of the travel service (the contract).
The contract becomes binding as soon as the online booking process has been completed.
The owner of the reservation service and the provider merely have the function of transmitting the intention between you and the service provider. The owner of the reservation system and the provider have a relationship with you and the service provider only as an independent third party and are in no way a partner, trustee, representative or sub-contractor either for you or the service provider. Neither the owner of the reservation system nor the provider are in any way responsible for the execution of the contract.
4. Booking content
4.1 Standard bookings in hotels
A standard booking is, as a general rule, valid until 6 p.m. local time. If you arrive later than 6 p.m., you may incur a fee. Please take note of the information provided by the individual hotel during the booking dialogue After this time you are no longer entitled to accommodation. If you are unable to arrive before 6 p.m. local time, you must contact the hotel directly to let them know your planned arrival time. Occasionally non-standard bookings are also offered. Reserved rooms will be kept by the hotel until a set time on the day of arrival. After this time you will have no claim on the room if you have not arranged a later arrival with the hotel directly. Please pay careful attention to the hotel's detailed booking conditions displayed during the booking dialogue and in your written booking confirmation. Bookings that are secured with a credit card must be held for the entire night.
4.2 Responsibilities of your reservation, changes and cancellations
NOTE: Depending on the supplier's terms and conditions, you may be liable to pay the agreed price (or a portion thereof) for your stay if you do not cancel in time or if you do not make use of the booking but fail to cancel.
The detailed cancellation conditions are separately mentioned in the booking dialogue and are deemed to have been accepted by you.
Cancellations must be made through the agent's online system or customer service centre, and a valid cancellation code must be given. In cases where the cancellation is made through the hotel directly, the agent shall not be able to provide any information concerning possible discrepancies related to the time of cancellation or to the cancellation itself when done by the booking customer.
Special prices which result from a minimum stay can only be guaranteed by the hotel for a stay of the full duration booked. Should a guest leave earlier than planned the hotel may charge a higher price.
Should the booking customer wish to make a change after the booking has been made (so called rebooking) and he/she does this by e-mail or telephone with the provider, hotel.de has the right to store their personal data in order to be able to make this change. The rights of the customer to have their personal data deleted in accordance with the hotel.de Data Protection Regulations are not affected by this. If a stay is shorter than that made in the original booking then the hotel has the right to adjust the overnight rate to compensate for this.
The provider reserves the right to cancel any booking without further reference to the booking customer where there is incomplete, dubious or apparently false details of the booker or the traveller.This right also pertains to bookings from persons or registrations that have frequently been associated with “no shows” (i.e. non arrival at the hotel) or unpaid invoices in the past. In both cases there is no automatic right that the booking be honoured. If, during verification, the hotel finds that the credit card details are incorrect or that the card cannot be charged, the hotel may cancel the booking via the provider.
The provider recommends that a suitable travel insurance is taken out, especially in connection with cancellation and/or alternative travel.
4.3 Payment by credit card
On making a reservation it is frequently necessary to give details of your credit card number and its validity. These details will be transmitted to the service provider and will be checked before confirmation of your reservation.
Your credit card serves as a guarantee to the respective service provider of payment of all costs that arise for the travel service booked. The costs will be deducted from your credit card by the service provider when you are at the hotel. The card must be presented to the service provider. The time of deduction of costs from the credit card depends on the service provider.
In certain cases special prices for an overnight stay are shown which are only possible when paid in advance. This is always very clearly indicated in the booking dialogue. In such a case you indicate your willingness during the booking dialogue to have the total price, including any taxes and charges, deducted immediately from your credit card. A fee may be charged for any subsequent changes to the booking.
The use of this reservation system is free of charge to you.
If a credit card is required for the reservation and a valid card is not available the provider's reservation system cannot be used though the intermediary.
4.4 Hotel categories and hotel/travel information
The division of the hotels offered into categories follows the relevant international or national practice and is intended as a non-binding indication of the standard and facilities of the hotel. It depends entirely on the self-assessment of the respective hotel operator and is not checked by the intermediary. All other information and room descriptions are taken from information provided by the hotel operator. The provider has no influence over these details and accepts no responsibility for their accuracy and completeness.
4.5 Contractually agreed room prices
All prices are the current lowest daily rates shown in the individual hotel's name and are valid for all bookings made through the agent's worldwide reservation system.
Bookings are made according to the provider's best, and currently lowest, daily rate. This price is submitted directly by the hotel for the arrival date chosen, and is shown in the hotel's name. All of the supplier’s available last-minute, seasonal, weekend or special prices will automatically be taken into consideration during the booking process.
The price is provided by the hotel and includes all current taxes and charges. If taxes and charges are listed separately, these are understood to be included in the price. The amount of the taxes shown can be changed at any time and is therefore only shown without obligation. In certain destinations further charges are levied such as spa or city taxes. The hotel prices shown are valid for a room for one night and do not include any additional services. Any additional services depend on the respective hotel. Breakfast is only included when it is specifically mentioned in the hotel description. Prices expressed in other currencies can be subject to changes in the exchange rate and therefore are shown only as a guide without guarantee. The accommodation agreement and billing are made directly with the hotel.
The rates that are crossed through are the actual rates shown for the same room category that have been offered from 30 days before and after the period of the stay.
4.6 Passport, visa, customs, currency and health regulations in connection with the travel service provided
The provider only offers individual travel services and has no information about the details of your trip and your personal circumstances (e.g nationality). Therefore, the intermediary is unable to determine current passport, visa, customs, currency and health regulations meaning that you are solely responsible for ensuring your conformity with these.
4.7 Consolidation of similar individual bookings
A maximum of nine rooms can be booked online. Bookings for more than nine rooms are made via the group department of the provider, whose booking confirmation is binding. It is not permitted to divide a request for more than nine rooms into several bookings of no more than nine rooms. For special room requirements for trade fairs, meetings, events and group bookings (ten rooms or more), special request modules are available. Please note: you may only assign your claim to the reserved travel service to another person with the express consent of the provider. The agent reserves the right to cancel reservations that are incomplete or where incorrect information about the booking person or travelling person has been entered without reference to the booking person.
4.8 Request, booking and cancellation of a meeting
When requests are made through the Meeting's tool the hotels will be informed of the request by E-Mail. The hotels then send the customer offers through the meetings' page If an offer from a hotel is accepted through the website of the provider then a binding contract is deemed to have been made between the customer and the hotel.. If this is cancelled the customer has to not only inform the provider but also the hotel. A booking for a meeting can be cancelled online with the intermediary using the meetings' area. The cancellation can also be made in writing. At the end of the event the provider will request a copy of the invoice from the hotel in order to assess the actual services provided and to compile statistics.
4.9 Bookings made through Bonus Programmes
The provider offers the possibility to make bookings through the Bonus Programmes of well-known organisations. The hotel booking must be made using the link integrated into the partner's website. A refund is made approximately 6 weeks after the end of the month in which the departure from the hotel took place. Information on the amount of the rebate will be provided by the partner in question. Bookings for hotels in the Marriott chain are excluded from bonus payment. In the case of a booking through a bonus programme, the member, in the capacity of the customer making the booking, must be the person making the trip. The rebate is granted to the member of the bonus programme and one other accompanying person. The Affiliate shall not receive any commission for bookings made by bonus-programme participants through the provider’s service centre. It is also not possible to combine different discount models.
4.10 Telephone requests to the Service Centre of the provider
To book by telephone via the Service Centre of the provider, personal data must be provided, such as your name, address, e-mail address and fax number as well as your bank account or credit card details where applicable, provided that this data is needed to process the booking.
In order to allow customers to make bookings, cancellations or changes, they will be required to authenticate themselves by providing relevant information. For this the respective customer number , or in the case of cancellation, the cancellation code, is required. The agent reserves the right to refuse bookings, cancellations or changes if the customer is unable to provide adequate verbal or written authentication. It is not permitted for customers to make bookings, cancellations or changes on behalf of third parties.
Before completion of a telephone booking, cancellation or change, the Service Centre agent will reconfirm the information with the customer verbally. This confirmation and any resulting booking, cancellation or change is binding for the customer and is accepted on completion of the verbal confirmation of the information.
Within the context of any telephone request to the Service Centre of the agent, the customer accepts the general terms and conditions of HOTEL DE GmbH.
The provider may also make individual reservations outside the hotel listing if there is availability. The customer will be informed of this separately and agrees that the binding booking is only valid for the hotel once the hotel has reconfirmed the booking in writing and that changes may not be possible. Group bookings that are made through the customer Service Centre are not affected by this.
5. Customer evaluation
After returning from their trip, customers have the opportunity to submit a hotel evaluation. This can include information on the quality of the room, noise levels in the room, cleanliness, friendliness and expertise of staff, value for money, food, sport and leisure facilities. This evaluation can only be edited for 7 days following its initial submission. The provider reserves the right to delete evaluations without being required to give a reason.
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6.1 Transfer of data
All information presented here has been gathered and prepared with the greatest care. However no liability is accepted for any errors made during data entry or transmission.
6.2 Information about the right to withdraw
Customers may cancel their registration with the provider in writing at any time. The provider also has the right to cancel a customer registration if there is sufficient reason. The provider further reserves the right to cancel customer accounts which contain incomplete, dubious or seemingly incorrect information without notice. This right also pertains to bookings from persons or registrations that have frequently been associated with “no shows” (i.e. non-arrival in the hotel) or outstanding invoices in the past.
7. Information on Data Security
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8. Exclusion of guarantee
The reservation system is provided for your use free of charge by the provider or owner of the reservation system. Therefore, the provider and the owner of the reservation system accept no responsibility for the service and usage of the reservation system and especially not for the following points:
- For the availability of the reservation system and for the ability to be able to book travel services through the reservation system.
- For the correct fulfillment of the contract between you and the provider of travel services, even when this contract has been closed with the help of the provider or the owner of the reservation system.
- For the eventuality that a contract made with the help of the reservation system or others can be changed or cancelled.
- For the correctness and completeness of the descriptions and travel services described in the reservation system.
9. Limit of liability
The liability of the provider or owner of the reservation system for all damages, no matter how arising, including unauthorised actions, apparent contractual actions, contract or guarantee is excluded, in as far as the damage has not arisen from (i) detrimental damage to contractual items by the provider or the owner of the reservation system in a way that the purpose of the contract is endangered or (ii) through gross negligence or exclusions on the part of the provider or the owner of the reservation system, in fulfilling same or the services.
If the liability lies with the provider or owner of the reservation service as per number 9 (i) for damage to primary obligations or through gross negligence or lack of care then the total liability of the provider or owner of the reservation system shall be limited to damages which arose after the intervention of the provider or owner of the reservation system and which could have been typically foreseen at the time of making the contract. In cases as in 9.1(ii). no liability accrues to the provider or the operator of the reservation system for any damages, loss, results of deficiencies or loss of profits.
Should the provider or owner of the reservation system be liable for items under Number 9 (ii) due to gross negligence or lack of care by their employees or contracted persons who are not part of or leading managers of the provider or owner of the reservation system, the total liability of the provider or owner of the reservation system is limited to such damages arising up to the point at which the provider or the owner of the reservation system became involved and which could have typically been foreseen at the time of making the contract. In the cases covered by Number 9.3 no liability accrues to the provider or the owner of the reservation system for resultant damages, due to shortages or loss of profit.
In cases covered by 9.2 and 9.3 the total liability of the provider or owner of the reservation system is limited to EUR 50,000. The total liability for pure damages for economic loss (as opposed to personal damages or damage to goods/property) is limited in such cases to the value of the service provided. Claims for damages have to be made within a year of the date on which the damages arose. This does not apply for claims arising from unauthorised liability.
The exclusion or limitation of liability for damages as per the aforesaid paragraphs also applies to claims against employees or contracted persons of the provider or owner of the reservation system.
The component parts of the reservation system operated by the provider and/or the owner of the reservation system are protected by copyright and other laws. The utilisation of the websites and the system, with all material stored therein, of the provider and/or the owner of the reservation system is only permitted when it is used to make reservations through the provider and/or the owner of the reservation system.
11. Applicable Law
These Terms and Conditions of Business and resultant contracts made are between the end customer and the provider are subject to the law of the Federal Republic of Germany with exclusion of the UN Purchaser Rights.
12. Place of Jurisdiction
The place of jurisdiction for traders within the definition of Trading Law of the Federal Republic of Germany is Nuremberg, Germany. The place of jurisdiction for consumers within the definition of § 13 of the Federal Legal Code is Nuremberg, Germany.