TERMS AND CONDITIONS OF ACCOMMODATION AND MEDIATION

Dear Guest,
Thank you for your interest in booking accommodation with a host in the Kaiserstuhl-Tuniberg region. In the event that a guest accommodation contract is concluded, the host and Naturgarten Kaiserstuhl GmbH, Zum Kaiserstuhl 18, 79206 Breisach - hereinafter abbreviated to "NKG" - will use all their energy and experience to make your stay as pleasant as possible. Clear legal agreements about your rights and obligations as a guest and the rights and obligations of your host, which are to be made with you in the form of the following guest accommodation conditions, also contribute to this. These terms and conditions of accommodation, insofar as they have been effectively agreed, become part of the accommodation contract concluded between you and your host in the event of a booking. Therefore, please read these terms and conditions of accommodation carefully before booking.

1. Position of NKG; Scope of theseTerms and Conditions
1.1. NKG is the operator of the respective websites or publisher of corresponding host directories, catalogues, flyers or other print media and online sites, insofar as NKG is expressly designated as the publisher/operator therein.
1.2 Insofar as NKG brokers further services of the hosts which do not account for a significant share of the total value of the host's services and neither represent an essential feature of the host's or NKG's service combination nor are advertised as such, NKG merely has the position of an intermediary of accommodation services.
1.3. As an intermediary, NKG has the position of a provider of associated travel services insofar as the prerequisites for an offer of associated travel services by NKG exist in accordance with the statutory provisions of § 651w BGB.
1.4. Notwithstanding the obligations of NKG as a provider of associated travel services (in particular handing over the legally required form and implementation of customer money protection in the event of collection activities by NKG) and the legal consequences in the event of non-fulfilment of these legal obligations, NKG is neither a tour operator nor a contractual partner of the guest accommodation contract concluded in the event of a booking in the event of the existence of the prerequisites according to section 1.2. or 1.3. It is therefore not liable for the host's information on prices and services, for the provision of services itself or for any deficiencies in services.
1.5 These Terms and Conditions apply, insofar as effectively agreed, to accommodation contracts for which the booking basis is the host directories published by NKG, catalogues or accommodation offers on websites.
1.6 The hosts reserve the right to agree with the guest on other terms and conditions than these Terms and Conditions or to make supplementary or deviating agreements to these Terms and Conditions.

2. Conclusion of contract
2.1. The following applies to all booking types:
a) The basis of the host's offer and the guest's booking is the description of the accommodation and the supplementary information in the booking basis (e.g. classification explanations) insofar as these are available to the guest at the time of booking.
b) In accordance with the statutory obligations, the guest is informed that according to the statutory provisions (§ 312g para. 2 sentence 1 no. 9 BGB) there is no right of revocation in the case of guest accommodation contracts concluded at a distance (letters, catalogues, telephone calls, telecopies, e-mails, messages sent via mobile phone service (SMS) as well as broadcasting and telemedia), but only the statutory provisions 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 revocation if the guest accommodation contract has been concluded outside business premises, unless the oral negotiations on which the conclusion of the contract is based have been conducted on the prior order of you as a consumer; in the latter case, there is also no right of revocation.
c) In the case of bookings by clubs, associations, companies, authorities and institutions, the contractual partner of the guest accommodation contract and the party liable to pay is exclusively these, not the individual guest, insofar as they do not expressly make the booking as legal representatives on behalf of and with power of attorney for the guest
2.The following applies to bookings made verbally, by telephone, in writing, by e-mail or by fax:
a) With the booking, the guest offers the host the binding conclusion of the accommodation contract.
b) The contract is concluded with the receipt of the host's declaration of acceptance (booking confirmation) by the guest. It does not require any form, so that oral and telephone confirmations are also legally binding for the guest and the host. As a rule, the host will also send the guest a written copy of the booking confirmation in the case of booking confirmations made orally or by telephone. However, oral or telephone bookings by the guest lead to the binding conclusion of the contract with corresponding binding oral or telephone confirmation by the host even if the guest does not receive the corresponding written additional copy of the booking confirmation.
c) If the host submits a special offer to the guest at the latter's request, this constitutes, in deviation from the above regulations, a binding contractual offer by the host to the guest, insofar as this is not non-binding information about available accommodation and prices. In these cases, the contract comes into effect without the need for a corresponding reconfirmation by the host if the guest accepts this offer within a period stated in the offer, if applicable, without restrictions, changes or extensions by means of an express declaration, down payment, final payment or use of the accommodation.
2.3. In the case of bookings made on the internet, the following applies to the conclusion of the contract:
a) By pressing the button (the button) "book with obligation to pay", the guest offers the host the binding conclusion of the guest accommodation contract. The guest shall receive an electronic confirmation of the receipt of his booking without delay.
b) The transmission of the contract offer by pressing the button "book with obligation to pay" does not constitute a claim of the guest to the conclusion of a guest accommodation contract in accordance with his/her booking details. Rather, the host is free to decide whether or not to accept the guest's contractual offer.
c) The contract shall be concluded upon receipt of the booking confirmation by the guest.
d) If the booking confirmation is made immediately after the guest has made the booking by pressing the button "book with obligation to pay" by corresponding display of the booking confirmation on the screen (booking in real time), the guest accommodation contract shall be concluded upon receipt and display of this booking confirmation by the guest. In this case, the guest is offered the possibility to save and print the booking confirmation. However, the binding nature of the guest accommodation contract is not dependent on the guest using these options for saving or printing. As a rule, the guest will also receive a copy of the booking confirmation by e-mail, e-mail attachment, post or fax. However, the receipt of such an additionally transmitted booking confirmation is not a prerequisite for the legally binding nature of the guest accommodation contract.

3. Prices and services
3.1 The prices stated in the booking basis (host directory, offer of the host, Internet) are final prices and include the statutory value added tax and all ancillary costs, unless otherwise stated with regard to the ancillary costs. Separate charges may be incurred and shown for spa tax and charges for services billed according to consumption (e.g. electricity, gas, water, firewood) and for optional and additional services that are only booked or used on site.
3.2 The services owed by the host result exclusively from the content of the booking confirmation, the information on the accommodation and the services of the host in the booking basis and from any supplementary agreements expressly made with you.

4. Payment
4.1 The due date for down payment and final payment is based on the agreement made between the guest and the host and noted in the booking confirmation. If no special agreement has been made, the entire accommodation price including the fees for ancillary costs and additional services shall be due for payment and payable to the host at the end of the stay.
4.2 After conclusion of the contract, the host may demand a deposit of up to 20% of the total price of the accommodation services and booked additional services, unless otherwise agreed in the individual case regarding the amount of the deposit.
4.3 For stays of more than 1 week, the host may settle the remuneration for past days of stay as well as for additional services (e.g. catering services not included in the accommodation price, withdrawals from the minibar) after their expiry and make them payable.
4.4 Payments in foreign currencies are not possible. Credit card payments are only possible if this has been agreed 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.
4.5. If the guest does not make an agreed down payment and/or the final payment or does not make it in full within the specified period despite a reminder from the host with a reasonable deadline, although the host is willing and able to properly provide the contractual services, no legal or contractual right of set-off or retention exists on the part of the guest and the guest is responsible for the delay in payment, the host is entitled to withdraw from the contract with the guest after a reminder with a deadline and after expiry of the deadline and to demand withdrawal costs from the guest in accordance with point 6. of these terms and conditions. 6. of these terms and conditions.

5 Arrival and departure
5.1 The arrival of the guest must take place at the agreed time, without any special agreement, at the latest by 6:00 pm.
5.2 The following shall apply to later arrivals:
a) The guest shall be obliged to notify the host by 6:00 p.m. at the latest or at the agreed time of arrival 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.
b) If no notification is made in good time, the host shall be entitled to occupy the accommodation elsewhere. For the period of non-occupancy, the provisions on the guest's withdrawal or non-arrival in these terms and conditions of accommodation shall apply accordingly.
c) For occupancy periods in which the guest does not use the accommodation due to late arrival, the provisions on the guest's withdrawal or non-arrival in these terms and conditions of accommodation shall apply accordingly. The guest shall not have to make any payments to the host for such periods of occupancy if the host is contractually or legally liable for the reasons for the later arrival or the non-occupancy.
5.3. The guest's accommodation shall be vacated at the agreed time, without any special agreement, at the latest by 12:00 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 assert further damages. A claim for the use of the host's accommodation facilities after 12:00 noon on the day of departure shall only exist in the event of a general notice to this effect by the host or an agreement made with the host in individual cases.

6. Cancellation and non-arrival
6.1. In the event of cancellation or non-arrival by the guest, the host's claim to payment of the agreed price of the stay, including the catering portion and the charges for additional services, shall remain in force. This shall not apply insofar as the guest was granted a right of withdrawal free of charge by the host in an individual case and the host receives the guest's declaration of the exercise of this right of withdrawal free of charge, which does not require a specific form, in due time.
6.2 The host shall endeavour to find another use for the accommodation within the scope of his normal 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. Insofar as the host is able to find alternative occupancy for the period booked by the guest, the host shall have the income from such alternative occupancy, insofar as such alternative occupancy is not possible, deducted from its claim under clause 6.1. saved expenses.
6.4. According to the percentages recognised by case law for the assessment of saved expenses, the guest is obliged to pay the following amounts to the host, taking into account any amounts to be credited in accordance with Clause 6.3, in each case in relation to the total price of the accommodation services (including all ancillary costs), but without taking into account spa contributions:

• For holiday apartments/accommodation without board: 90%.

• For bed and breakfast: 80%

• For half board: 70%

• For full board: 60%

6.5 The guest expressly reserves the right to prove to the host that the expenses saved 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 shall only be obliged to pay the correspondingly lower amount.
6.6. The guest is strongly advised to take out travel cancellation insurance.
6.7. The cancellation notice for all bookings must be sent directly to the host and should be in text form in the interest of the guest.

7. Obligations of the guest; cancellation by theguest
7.1. The guest is obliged to observe any house rules or yard rules of which he/she has been made aware or of which he/she had a reasonable opportunity to become aware on the basis of relevant notices.
7.2. The guest is obliged to notify the host immediately of any defects and disturbances and to demand remedy. If the guest culpably fails to notify the host of such defects, the guest's claims against the host may lapse in whole or in part.
7.3. The guest may only terminate the contract in the event of significant defects or disruptions. The guest must first set the host a reasonable deadline for remedy within the framework of the notice of defects, unless remedy 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 the continuation of the stay is objectively unreasonable for the guest for such reasons.
7.4. 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. Within the framework of such agreements, the guest is obliged to provide truthful information about the type and size. Violations of this may entitle the host to extraordinary termination of the guest accommodation contract.

8. Limitation of liability
8.1 The host shall be liable without limitation,
- insofar as the damage results from the breach of an essential obligation, the fulfilment of which makes the proper implementation of the contract possible in the first place or the breach of which jeopardises the achievement of the purpose of the contract - insofar as the damage results from injury to life, body or health.
In all other respects, the liability of the host is limited to damage caused by the host or his vicarious agents intentionally or through gross negligence.
8.2. The host's liability, if any, for items brought in according to §§ 701 ff. BGB shall remain unaffected by this provision.
8.3 The host is not liable for service disruptions in connection with services that are recognisable to the guest during the stay as external services (e.g. excursions, tickets, tickets for transport services, sporting events, theatre visits, exhibitions, etc.). The same applies to third-party services which are already arranged by the host together with the booking of the accommodation, insofar as these are expressly identified as third-party services in the advertisement or the booking confirmation.

9. Special regulations in connection with pandemics (in particular the Corona virus)
9.1. The parties agree that the agreed services will always be provided by the respective host in compliance with and in accordance with the official requirements and conditions applicable at the time of travel.
9.2. The guest agrees to observe reasonable usage regulations or restrictions of NKG and the hosts when using services and to notify the host immediately in the event of typical symptoms of illness occurring.

10. Alternative Dispute Resolution; Choice of Law and Place of Jurisdiction
10.1 With regard to the Consumer Dispute Resolution Act, NKG and the Host point out that neither NKG nor the Host currently participate in voluntary consumer dispute resolution. If participation in a consumer dispute resolution scheme would become obligatory for NKG or the host after these terms and conditions for the mediation and accommodation of guests have gone to print, the guest will be informed of this in an appropriate manner. For all mediation and guest accommodation contracts concluded in electronic legal transactions, reference is made to the European online dispute resolution platform https://ec.europa.eu/consumers/odr/.
10.2 German law shall apply exclusively to the contractual relationship between the host and the guest. The same shall apply to the other legal relationship.
10.3 The guest may only sue the host at the host's registered office.
10.4. For lawsuits of the host against the guest, the guest's place of residence is decisive. For lawsuits against guests who are merchants, legal entities under public or private law or persons who have their place of residence/business or usual place of abode abroad, or whose place of residence/business or usual place of abode is unknown at the time the lawsuit is filed, the place of jurisdiction shall be the host's place of residence.
10.5. The above provisions shall not apply if and insofar as non-mandatory provisions of the European Union or other international provisions are applicable to the contract.

© Copyright: Noll | Hütten | Dukic Attorneys at Law,
Munich | Stuttgart, 2019-2021

The agent for the guest accommodation contracts is:
Naturgarten Kaiserstuhl GmbH
Zum Kaiserstuhl 18
79206 Breisach
Tel.: 07667-90685-0
Fax: 07667-90685-29
E-mail: info@kaiserlich-geniessen.de
www.naturgarten-kaiserstuhl.de
Registration Court Freiburg i. Br.: HRB 700 476
Managing Director: Heinz Trogus
Chairman of the Supervisory Board: Benjamin Bohn