General terms and conditions for accommodation services
General terms and conditions for accommodation services provided by Ulm/Neu-Ulm Touristik GmbH (UNT) to customers
These general terms and conditions for providing accommodation services shall govern the legal relationship between Ulm/Neu-Ulm Touristik GmbH (hereinafter referred to as UNT) and the customer and they shall form part of the accommodation contract between the accommodation provider (hereinafter referred to as hotel or accommodation business) and the customer.
UNT shall act as an agency finding hotel or guesthouse rooms based on the current booking offer on behalf and for the account of a third party. Any booking contract shall be concluded exclusively between the accommodation business and the customer.
1. Conclusion of the accommodation contract (booking)
Making a booking with UNT in writing, orally, via telephone, fax or email and online at www.tourismus.ulm.de shall be considered a binding offer on the part of the guest to conclude an accommodation contract with the accommodation provider and to conclude an agency contract with UNT subject to the present agency conditions.
When making a booking with the accommodation services of UNT, the accommodation contract with the hotel shall come into effect as soon as UNT in its capacity as the hotel's agent issues a booking confirmation to be sent to the customer via email, fax or post. The statement of acceptance shall not require any specific form, so that oral confirmation, e.g. by phone, shall be binding for both, the customer and the hotel. If a booking confirmation cannot be sent for reasons of time, the accommodation contract shall enter into force as soon as the customer is provided with the accommodation by the hotel or accommodation business.
When booking online, the customer shall make a binding offer to conclude an accommodation contract with the hotel by clicking the "Commit to buy" button. Before clicking this button, the customer shall be provided with information about the possibility to edit any data provided and delete or reset the entire online booking form at any time. Information on the online booking procedure for customers shall be available at www.tourismus.ulm.de. All contract languages available to carry out the online booking procedure shall be clearly indicated. Customers shall receive an electronic confirmation immediately upon receipt of the booking request. The submission of a contractual offer following the click on the "Commit to buy" button shall not give rise to a right by the customer to treat the accommodation contract as concluded. The contract between the customer and the hotel shall not come into effect before the booking confirmation is displayed on the screen immediately following the click on the "Commit to buy" button. Customers shall have the possibility to save or print their confirmation. The validity of the contract, however, shall not be subject to the customer saving or printing the confirmation. In general, UNT shall email or fax an additional booking confirmation to the customer. The legal validity of the accommodation contract shall not be subject to the customer receiving this additional confirmation.
The booking made by the customer shall also include all participants mentioned in the booking for whose contractual obligations the customer shall be liable to the same extent as if it had been his or her own obligation if expressly and separately agreed by the customer.
Bookings may only be changed or cancelled free of charge with the approval of the accommodation provider.
The position of UNT shall be merely that of an agent booking an accommodation.
The accommodation fee stipulated in the accommodation contract shall be paid directly to the accommodation provider upon arrival, including any additional charges agreed upon.
The customer may withdraw from the contract at any time. In this case, however, the right of the accommodation provider to the agreed accommodation fee shall remain unaffected, including any additional charges, however, minus any expenses not incurred.
3.2. If the customer withdraws from the contract or refrains from using the room without prior cancellation, the accommodation provider shall be entitled to the following fixed rates based on the total fee including any additional charges:
Night/half-board 70 %
It is in the interest of the customer to submit any notice of withdrawal in writing.
In general, the accommodation provider shall hold the customer's booking until 6pm on the agreed date of arrival. In case of arrival after 6pm, the customer shall notify the accommodation provider.
4. Warranty and liability
UNT shall only act as an agent for a third party and shall only be liable for fault of its own or fault of its agents when booking an accommodation.
The accommodation provider shall be exclusively responsible for the proper provision of arranged third-party services.
In case of any online bookings made at www.tourismus.ulm.de, UNT shall not be responsible for any information on fees or availability entered or provided by the accommodation businesses.
The accommodation provider shall be notified immediately and exclusively of any claims relating to the failure to provide services as agreed.
UNT's liability relating to any damage caused shall be limited to intent and gross negligence.
The customer shall notify the accommodation provider of any complaints as soon as possible. If no action is taken to resolve the complaint, the customer may contact UNT that will try to find a solution. However, UNT shall not be obliged to resolve the complaint.
6. Limitation of customer claims
Any customer claims under the agency contract concluded with UNT shall be subject to a limitation period of one year after the scheduled end of occupancy.
If any negotiations on asserted claims between the customer and UNT are pending, the limitation period shall be suspended until either the customer or UNT refuses to continue negotiations. The limitation shall not take effect prior to three months from the date from which the suspension of the limitation period ended.
The customer may only institute legal proceedings against UNT at UNT's registered office.
The legal and contractual relationship between UNT and any customers not residing or not having their registered office in Germany shall be subject to and governed by German law only.
The place of jurisdiction for any legal actions of UNT brought against the customer shall be the customer's place of residence unless this action is filed by fully qualified merchants, legal persons governed by public or private law or persons whose place of residence is not known when the proceedings are instituted. In these cases the place of the registered office of UNT shall be the place of jurisdiction.
Ulm/Neu-Ulm Touristik GmbH
Neue Straße 45
Telephone: +49 (0)731 161-2800
Fax: +49 (0)731 161-1646
Chairman of the supervisory board:
Mayor Ivo Gönner
Managing Director: Wolfgang Dieterich
Tax number: 88030 / 45103
VAT ID: DE 161 39 0244
Bank details: Sparkasse Ulm
Account no. 5366 (Sort code 630 500 00)
IBAN: DE 72 6305 0000 0000 0053 66
SWIFT BIC: SOLADES1ULM
Local Court Ulm registration number HRB 2863
Ulm/Neu-Ulm Touristik GmbH (UNT) (Last update 02/2014)