General Terms and Conditions
Terms of admission for accommodation services
Dear guest, Eckernförde Touristik & Marketing GmbH, located at Am Exer 1, 24340 Eckernförde, Germany, (hereinafter referred to as “ETMG”) organizes, as a reservation agency, vacation accommodation as advertised in the booking offer provided on this website (booking system) or in our vacation magazine Eckernförder Bucht.
Contractual relationships are only entered into directly between the accommodation provider and the guest. The following terms and conditions, to the extent that they are effectively included, shall become part of the accommodation contract concluded between the guest and the accommodation provider (hereinafter referred to as “AP”).
Section 1 Conclusion of the accommodation contract, role of ETMG
By booking accommodation, either orally, in writing, by telephone, by fax, online or by e-mail, the guest makes a binding proposal to the AP, for which the ETMG acts as the intermediary agent, to conclude an accommodation contract.
The accommodation contract between the guest and the AP shall take effect with the confirmation of reservation which the ETMG carries out on behalf of the AP as its intermediary agent. This confirmation does not require any special form.
The booking guest makes the booking also for all the persons included in the reservation and shall be liable for the contractual obligations of those other persons as if for his/her own obligations, provided that he/she has assumed a separate obligation to that effect by means of a separate express declaration.
The EMTG’s sole role is that of the intermediary agent organizing the booked accommodation service.
Section 2 Reservations
Non-binding reservations which entitle the guest to cancel/withdraw at no cost are only possible if expressly agreed with the AP or with the ETMG as the intermediary agent of the AP. In the absence of such an agreement, the booking made in accordance with Section 1.1 and Section 1.2 shall, in principle, lead to a legally binding contract between the AP
and the guest.
If a non-binding reservation has been agreed, the guest must notify the AP or the ETMG by the agreed date if the reservation is to be handled as a binding booking. If this is not done, the reservation shall become invalid without ETMG having any further obligation to provide notification. If notification is made, Section 1.2 shall apply accordingly.
Section 3 Prices / Services
The prices listed are final prices and include all mandatory incidental expenses, unless otherwise stated or agreed upon. The prices shown are per person per night; in the case of vacation condos per accommodation unit. In addition to fees to be paid for the prices listed, resort taxes (ostseecard*), tourism taxes, consumption-related costs (e.g. in the case of vacation condos and vacation homes), security deposits (e.g. in the Hafenspitze apartment building) and payment for booked additional services in particular must be taken into consideration.
The services to be rendered by the AP are derived exclusively from the description of services provided in the booking source (vacation magazine, offer, website) in line with all information and explanations contained therein.
Section 4 Payment
Unless otherwise expressly agreed, for bookings made at least 14 days before arrival the ETMG, as the AP’s authorized collection agent, may – after the booking has been confirmed (upon the guest’s receipt of the booking confirmation in oral, written or electronic form) – request an advance payment of 10% (at least 25 euros) of the total accommodation price per person to be paid within seven days after booking.
For bookings made less than 14 days before arrival, the advance payment must be made immediately.
Insofar as the AP is willing and able to render the contractually agreed services, the guest is not entitled to take advantage of the contractually agreed services without full payment of the advance payment which, if necessary, may be paid upon arrival.
The entire remaining payment, including all ancillary costs and consumption charges, must be paid to the AP at the latest on the day of arrival.
For stays lasting longer than seven days, the AP reserves the right to issue interim invoices for any additional services booked or used, especially those used or booked on site, or for costs related to consumption, in accordance with contractual agreements. Those interim invoices shall be payable immediately upon receipt.
Section 5 Withdrawal
The conclusion of the guest accommodation contract obligates both parties to fulfill the contract, regardless of the type of booking channel and the duration of the stay. A general, free statutory right of cancellation or revocation of the guest with regard to the concluded accommodation contract is in principle excluded.
Should the guest, however, withdraw from the contract, the AP’s entitlement to payment of the agreed or customary price of accommodation, including the share for board, shall remain effective, regardless of the time of or reason for such a withdrawal. However, the AP’s owner must accept other use of the accommodation, for which it must strive in good faith, as well as any expenses saved, being credited to the performance claim.
According to case law, a flat rate of 20% of the agreed total price for overnight stays with breakfast, a flat rate of 30% of the agreed total price for overnight stays with half board, a flat rate of 40% of the agreed total price for overnight stays with full board, and a flat rate of 10% of the agreed total price for renting a vacation condo or vacation home may be applied for the AP’s expenses saved.
The guest reserves the right to furnish proof that the expenses saved by the AP were higher. In the event that this can be proved, the guest shall only be obliged to pay the relevant lower sum.
For organizational reasons, cancellation of the booking must be addressed to the reservation agency (not to the AP) and should be carried out in writing in the interests of the guest.
Taking out insurance is strongly recommended in the event that a booked trip must be withdrawn from or a trip which has already been commenced must be terminated.
In lieu of fulfillment, the AP’s owner may demand flat-rate cancellation fees in the following amounts (each given as a percentage of the agreed accommodation price):
Payment for rooms
- Withdrawal up to 31 days before arrival, 12% of the travel price
- Withdrawal up to 21 days before arrival, 20% of the travel prices
- Withdrawal up to 11 days before arrival, 40% of the travel price
- Withdrawal up to 7 days before arrival, 60% of the travel price
- Afterwards, 80% of the travel price
Vacation condos and flat rates
- Withdrawal up to 45 days before arrival, 15% of the travel price
- Withdrawal up to 31 days before arrival, 25% of the travel price
- Withdrawal up to 21 days before arrival, 50% of the travel price
- Withdrawal up to 11 days before arrival, 80% of the travel price
- Afterwards, 90% of the travel price
Overnight stays in hooded beach chairs
- Withdrawal up to 14 days before arrival, 50% of the travel price
- Withdrawal after the 14th day before arrival, 100% of the travel price
Section 6 Guest obligations
The guest is obliged to immediately notify the AP of any defects in the accommodation or other contractual services or to ask for the matter to be remedied.
Notification of defects must be addressed solely to the AP and not to the ETMG.
Withdrawal and/or cancellation by the guest is only permissible in the event of significant defects and insofar as the AP has not taken reasonable measures to remedy the matter within a reasonable period stipulated by the guest.
Guest claims shall only remain valid if the failure to notify a default does not result from any fault of the guest, if remedial action is impossible, or if the AP refuses to take such action.
The accommodation may only be occupied by the number of persons agreed upon with the AP. Exceeding occupancy capacities may justify the AP’s right to immediately terminate the contract and/or to apply an appropriate extra charge.
In the event of any possible defects or defaults, the guest is obliged to do everything reasonable to help to remedy the disruption and to minimize any possible damage.
Pets of any kind are only allowed after explicit agreement with the AP and, in the event of such an agreement, only within the limits of the information provided on the type and size of the pet.
Section 7 Liability of the AP and the ETMG
The AP’s contractual liability for damage, excluding bodily injury (including damage arising due to violations of precontractual obligations, secondary contractual obligations or post-contractual obligations), shall be limited to three times the accommodation price, assuming the damage to the guest was caused by the AP neither deliberately nor due to gross negligence, or assuming the AP is merely responsible for damage incurred by the guest owing to the fault of a vicarious agent.
Any innkeeper’s legal liability of the AP for items brought into the premises by the guest in accordance with Sections 701 et seq. of the German Civil Code (BGB) remains unaffected by this provision.
The AP shall not be liable for defaults in connection with services that are only arranged as third-party services (e.g. sports events, visits to theaters, exhibitions, concerts, etc.) and which are expressly described as third-party services.
The ETMG is solely liable for possible faults caused by itself or its vicarious agents in making the arrangements. The AP is exclusively liable for carrying out the booked service itself and for any defects in the rendering of the services.
Section 8 Departure and arrival times
Unless otherwise agreed, the booked accommodation is available from 2:00 p.m. on the day of arrival (exception: Hafenspitze apartment building – from 4:00 p.m.). The guest must inform the AP in good time if arrival will be after this time. If it fails to do so, the AP reserves the right to otherwise fill/occupy the accommodation two hours after this time in the case of a single overnight stay, and in the case of several overnight stays, to otherwise fill/occupy the accommodation on the next day after 12:00 noon.
Unless otherwise agreed, the accommodation must be vacated by 10:00 a.m. on the day of departure.
Section 9 Statute of limitations and suspension of claims by the guest
Actions brought against the AP and/or ETMG by the guest, regardless of the legal reason and with the exception of traveler claims based on tort, are subject to a limitation period of one year from the contractually specified end of occupation of the accommodation.
If negotiations between the guest, the AP and/or ETMG are pending regarding asserted claims or circumstances on which a claim is based, the limitation period shall be suspended until the guest or the AP or the ETMG refuse to continue the negotiations. The above-mentioned time limitation period of one year shall begin to run at the earliest three months from the end of the suspension.
Section 10 Applicable law and place of jurisdiction
The guest may bring legal actions against the AP exclusively at the registered office of the AP.
The entire legal and contractual relationship between the AP and guests who have no general place of residence or registered office in Germany shall be governed exclusively by German Law.
Insofar as it has been agreed that the guest must pay the total price after the end of the stay at the location of the AP, the place of jurisdiction for legal actions brought by the AP for payment of the accommodation price and the additional costs is the registered office of the AP.
The AP’s registered office is agreed as the exclusive place of jurisdiction for legal actions brought by the AP against traders, legal persons under public or private law or persons who have no general place of jurisdiction in Germany or who moved their place of residence or habitual residence abroad after the conclusion of the contract or whose place of residence or habitual residence is not known at the time when a legal action is brought.
Section 11 Complaints
The guest must immediately notify the respective AP in the event of any complaints. ETMG will gladly assist you if you fail to reach agreement with your AP.
Section 12 Data protection
ETMG takes the protection of your personal data very seriously. We treat your personal data as confidential and comply with the data protection legislation.