Terms and Conditions For Lodging of Guests and Arrangement of Accommodation Services

Dear Guest!

We are pleased about your decision to come and stay in Brandenburg, the Travel Destination (Reiseland Brandenburg) in the northeast of Germany.

The following terms and conditions contain provisions governing the contractual relationship between you and the lodging facility. The “TMB” or “Tourismus Marketing Brandenburg GmbH” and associated tourism operators and distribution partners, hereinafter referred to collectively as “agency”, arrange guest accommodations offered by lodging facilities. Unless otherwise agreed to this effect, the agency merely assumes the role of an intermediary. The lodging agreement is concluded directly with the service provider with whom the services were arranged. The terms and conditions set forth become – as far as they are effectively incorporated – integral part of the contract concluded between you (the “guest”) and the lodging facility.

Please be advised to read these provisions carefully.

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1. Conclusion of the Lodging Agreement, Role of the Agency

1.1 A guest conducting the booking offers the lodging facility, or the agency as the lodging facility’s agent respectively, the conclusion of a lodging agreement. The booking shall be carried out preferably in written form, by telephone, fax, or electronically via the internet, but may also be conducted orally.

1.2. The agreement with the lodging facility shall be realised by the transmittal of a booking confirmation. Either the lodging facility, or agency representing the former, shall issue the confirmation. Such confirmation requires no particular form, however, it is usually always transmitted in written form. A deviation in content between the booking confirmation and the booking results in a new offer by the lodging facility vis- à -vis the guest to enter into an agreement. On the basis of such new offer, the lodging agreement shall be realised upon the guest’s acceptance, either by payment of a deposit, or full payment, express declaration, or by utilising the accommodation.

1.3 The booking undertaken by the principal booking person is also carried out for all listed persons specified therein. The booking person shall be liable for all contractual obligations entered into by the other persons in the same way it is responsible for its own obligations to the extent that such person has accepted special responsibility expressly and severally in writing.

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2. Reservations

2.1 For a non-binding reservation to exist, establishing the guest’s right to withdraw from the agreement free of charge, the guest and the lodging facility, or agency as the facility’s representative, shall expressly agree on such reservation in the form of an expiry option only. In the case that such an option was not arranged, an ordinary reservation accepted by the lodging facility, or agency as the facility’s repre-sentative, principally leads to the conclusion of an agreement.

2.2 A non-binding reservation expressly agreed between the parties shall commit the guest to inform the lodging facility or agency up to the agreed date that such reservation is to be treated as binding booking pursuant to Art. 1.1. If the guest fails to provide such information, the reservation expires without any further obligation by the lodging facility or agency to notify the guest.

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3. Services and Prices

3.1 The information advertised in the service offer (catalogue, internet websites, listing of accommodation and service providers etc.) and booking confirmation referring to such information govern the scope of services the lodging facility is legally bound by.

3.2 Indicated prices are final prices including the Value Added Tax rate (VAT) applicable at the time of the offer. Unless expressly agreed otherwise, the final prices include all additional expenses. The case may be that certain fees and services are charged separately, i.e. visitor’s tax (“Kurtaxe”), optional and additional services, as well as consumption-based utility costs, provided the latter were specified in the booking documents or separately agreed upon (e.g. electricity, gas, water).

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4. Payment and Terms of Payment

4.1 The terms of payment shall be made in accordance with the agreement arranged with the guest and the with the details specified in the booking confirmation. If no special arrangement was made hereto, payment shall be made with the lodging facility directly upon departure.

4.2 Payments shall not be rendered in a foreign currency or by account-only cheque, if not otherwise agreed. Credit card payments shall be accepted only upon prior agreement with the lodging facility or if generally offered by the latter through display.

4.4 In the event of overnight stays exceeding seven days, the lodging facility is entitled to account for additional services, particularly those booked or utilised at the facility’s site, or for consumption-based costs in compliance with the contractual provisions by means of an interim settlement, falling due immediately.

4.5 The guest’s failure to effect payment of the deposit or final payment or both as contractually agreed upon, shall entitle the lodging facility, after having reminded the guest to no avail, to withdraw from the agreement and demand compensation vis-à-vis the guest in com-pliance with the legal provisions.

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5. Withdrawal by the Guest

5.1 The conclusion of the lodging agreement places both contractual parties under the obligation to fulfil the agreement, irrespective of the term of the agreement. On principle, a unilateral, free withdrawal on the part of the guest from a binding booking shall be ruled out. Illness, professional reasons, or car breakdowns shall not discharge the guest from meeting his obligation to pay the agreed overnight price.

5.2 Unless otherwise agreed in the individual case, the guest shall be entitled to withdraw without cost from the lodging agreement up to 30 days prior to the commencement of stay. The withdrawal shall be declared vis-à-vis the lodging facility or agency pursuant to Art. 5.6. Applicable shall be the receipt of declaration.

5.3 Otherwise, in the case of the guest’s cancellation or failure to utilise the accommodation booked (full or in part), the lodging facility shall remain entitled to payment of the agreed price of lodging including board. Expenses saved by the lodging facility aimed at fulfilling the agreement in good faith, shall be considered appropriately.

5.4 According to the assessment of saved expenses permitted under jurisdiction, the guest shall pay the following shared costs to the lodging facility. These costs refer to the total price of lodging services, without taking into consideration costs separately agreed upon under Art. 3.2. The percentages are as follows: Overnight stay excluding board (e.g. holiday apartments) 90% Overnight stay including breakfast 80% Half board 70% Full board 60% of the total price agreed.

5.5 The guest is at liberty to proof vis-à-vis the lodging facility that actually fewer expenses were incurred by the facility. Such case shall entitle the guest to pay the lower amount only.

5.6 A guest who resorted to an agency for booking shall declare his or her withdrawal solely to the agency. A guest who booked directly with the lodging facility shall declare withdrawal directly and solely vis-à-vis the lodging facility. In the interest of the guest, the declaration of withdrawal shall be conducted in writing always.

5.7 The guest is advised to use travel cancellation insurance.

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6. Obligations of Guest / Complaints

6.1 The guest shall attempt to make all reasonable efforts to help correct potential defects or defaults in service, and contain any potential damage as far reasonably possible.

6.2 The guest shall notify the lodging facility of any defaults in the lodging services provided by the latter or in any other contractually agreed services without undue delay. The notice of defects shall be solely submitted to the lodging facility, which will attempt to provide relief promptly.

6.3 Cancellation of the lodging agreement by the guest shall only be admissible as far as the defect is substantial, and no reasonable rem-edy was provided by the lodging facility after expiration of an adequate deadline given by the guest.

6.4 Enforcement of claims by the guest shall not expire in such events only that the required notice of defect could not be submitted by the guest for reasons arising through no fault, or that remedial action proved impossible or was refused by the lodging facility.

6.5 The accommodation provider must observe the occupancy rate agreed with the lodging facility. Exceeding the agreed occupancy rate may entitle the lodging facility to terminate without notice the agreement and/or claim a reasonable additional remuneration.

6.6 Pets, regardless of what kind, are not allowed, unless expressly agreed with the lodging facility. In the case of such an arrangement, pets are permitted only to the extent of the description provided on the kind and size of the pet.

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7. Liability of the Lodging Facility and Agency

7.1 Unless they involve bodily injuries, the contractual liability of the lodging facility for damages (including damages caused by a violation of pre-contractual, subsidiary or post-contractual obligations) is limited to three times the lodging price, provided the damage was neither brought on by intent nor as a result of gross negligence.

7.2 Liability arising from damage to things brought into an innkeeper’s place pursuant to Sections 701 et seq. BGB shall remain unaffected by this provision.

7.3 The agency shall be solely accountable for own faults and faults potentially caused by their performing agents during arrangement of services (transfer of incorrect data, failure to transfer critical information). Liable for the actual provision of services booked and potential defects arising from the service provision shall be the lodging facility exclusively.

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8. Statute of Limitation and Suspension Period of Claims by the Guest

8.1 Other than for claims resulting from tortuous acts or injuries to body or health, the limitation period for claims asserted by the guest vis-à-vis the lodging facility arising from the lodging agreement and claims vis-à-vis the agency arising from the arrangement of services agreement shall be one year, irrespective of the legal basis.

8.2 The limitation period commences at the end of such year in which the claim arose and the guest (obligee) obtains knowledge of the circumstances giving rise to the claim vis-à-vis the lodging facility or agency as obligor, or would have obtained knowledge without gross negligence.

8.3 Pending negotiations between the guest and the lodging facility, or agency respectively, over asserted claims or circumstances sub-stantiating the claim shall suspend the limitation period until the guest or the lodging facility or agency refuses to continue with the negotia-tions. The aforesaid limitation period of one year commences at the earliest three months after the end of the suspension period.

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9. Arrival and Departure Hours

9.1 If not otherwise agreed, the accommodation booked shall be available for the guest at 4 p.m. on the day of arrival.

9.2 The guest shall notify the lodging facility in time of any late arrival after 6 p.m. The guest’s failure to notify the lodging facility shall permit the latter to otherwise engage the accommodation and arrange for its use two hours after such time in the case of one night booked, and from 12 noon the following day in the case of several nights booked.

9.3 Unless otherwise agreed, the accommodation shall be vacated until 12 noon on the day of departure.

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10. Choice of Law and Jurisdiction

10.1 The guest shall initiate proceedings against the lodging facility at the latter’s accommodation location (seat of operation) only.

10.2 German law shall solely apply to the entire legal and contractual relationship between the lodging facility and guests who can claim no main domestic place of residence or have no registered office in Germany.

10.3 Otherwise, the domicile of the guest shall apply for actions brought against the guest by the lodging facility, except as the action is brought against registered traders, legal persons under public and private law, or persons whose main residence or domicile is abroad, or whose residence or domicile remains unknown at the time of instituting of legal proceedings. In such cases the lodging facility’s seat of operation shall be applicable.

10.4 The foregoing provisions shall not apply as far as binding international provisions applicable to the lodging agreement between the guest and the facility contain other provisions that are more favourable to the guest, or binding provisions of a European member state, of which the guest is a citizen, are more favourable to the guest than the foregoing or relevant German legal provisions.

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As of September 2018, TMB “Tourismus-Marketing Brandenburg GmbH”, represented by the managing director Dieter Hütte, Am Neuen Markt 1, 14467 Potsdam, telephone: +49(0)331-298730, fax:+49(0)331-298732929, e-mail: tmb@reiseland-brandenburg.de

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+49(0)3312004747​ We are available for you via telephone: weekdays Mon – Fri 9 am – 6 pm and Oct. 31 from 10 am – 3 pm.

Thank you for your enquiry!

In case your enquiry did not result in a booking, we will be getting in touch with you as quickly as possible during our service hours from Monday to Friday from 9 a.m. - 6 p.m.

We are also glad to answer all of your questions surrounding the State of Brandenburg at (+49)(0)331- 200 47 47. Please send us an e-mail at service@reiseland-brandenburg.de.

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