1. Scope
These general terms and conditions apply to both all non-binding reservation enquiries and to binding reservations of overnight stays 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 ("provider of the reservation system").
2. Content of service
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 hotel selected by him/her. There are no contractual obligations between the booking customer and the provider.
The website provider as well as the provider of the reservation service 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 website provider or the provider of the reservation service accepts your booking request. As long as the website provider 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 and send you a confirmation of booking. Otherwise the website provider or the provider of the reservation service transmits your booking request to the hotel and sends you their response to same.
The person who offers the travel service ("offerer") is not the provider of the reservation system or the website provider, but the hotel owner.
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 individual items promoted by the reservation system the parameters set by you will be taken into account as far as is possible. (e.g. location, price, destination, time period, 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 Offerer
Through the use of the reservation system a contract for accommodation is made between you and the offerer of the travel service ("the contract").
The contract becomes binding as soon as the online booking process has been completed.
The provider of the reservation service and the intermediary merely have the function of transmitting the intention between you and the service offerer. The provider of the reservation system and the website provider have a relationship with you and the service offerer only as an independent third party and are in no way a partner, trustee, representative or sub-contractor either for you or the service offerer. Neither the provider of the reservation system nor the website provider are in any way responsible for the execution of the contract.
4. Content of the Contract
4.1 Standard Hotel Bookings
The standard booking is generally honoured up to 18:00 hours/6 p.m. local time. If you arrive later than 18:00 hours/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 18:00 hours/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 Obligations of your Reservation, Alterations and Cancellations
Depending on the conditions of the service offerer you are obligated to pay the agreed price for the travel service (or part thereof) after making your reservation if you did not cancel your reservation in due time or you did not make use of the travel service without having previously cancelled. If a cancellation is made after the deadline, or not made at all, the hotel can demand full payment (in conformity with local law) having deducted any costs that were not incurred.
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 provider'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 provider shall not be able to give 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. 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 is protected by paragraph 9.8 of these Terms and Conditions. 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 hotel invoices from the past. In both cases there is no automatic right that the booking be honoured.
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
When making the reservation you must frequently enter your credit card number and its validity. These details will be transmitted to the service offerer and will be checked before confirmation of your reservation.
Your credit card serves as a guarantee to the respective service offerer of payment of all costs that arise for the travel service booked. The costs will be deducted from your credit card by the service offerer when you are at the hotel. The card must be presented to the service offerer. The time of deduction of costs from the credit card depends on the service offerer.
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. Therefore, 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 reservation system of the provider of the reservation system through the website provider cannot be used.
4.4 Hotel Categories and Hotel/Travel Information
The classification of the hotels offered conforms with the current practice, both nationally and internationally, and gives an indication of the standard and features of the hotel for which the provider has no legal responsibility. It depends entirely on the self-assessment of the respective hotel operator and is not checked by the provider. 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 current, favourable daily rates which are shown on behalf of the respective hotel and which are valid for all bookings made through the worldwide reservation system of the provider.
Bookings are made according to the providert'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 provider’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 specially 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.
4.6 Passport, Visa, Customs, Currency and Health Regulations applying to the Travel Service
The provider only provides individual travel services and has no knowledge of your personal situation (e.g. nationality). Therefore, the provider 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 Combination of similar Individual Bookings
Should consecutive or parallel individual bookings be made by a customer or group of customers that has already made a group booking, the hotel or the provider has the right to form a group booking from the individual bookings and to appropriately modify the booking and cancellation conditions. If the new terms and conditions are not accepted by the customer making the booking, the hotel or the provider may cancel the reservations. Please note: you may only assign your claim to the reserved travel service to another person with the express consent of the service offerer. The provider 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
Customer requests made though the meetings' page will be transmitted to the selected hotels 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 provider 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 through Bonus Programmes
The provider also offers the opportunity to make bookings through the bonus programmes of well-known partners. The hotel booking must be made using the link integrated into the partner's website. A rebate shall be made approximately 6 weeks after the end of the month in which the guest checked out. 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
In order to make reservations by telephone you first have to register. The person registering must provide information such as name, address, e-mail address and/or fax number, as well as bank information or credit card information where needed in order to complete the reservation.
When registering with the Service Centre of the provider by telephone the customers accepts the business Terms and Conditions of hotel.de AG.
In order to allow customers to proceed to make reservations, 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 provider reserves the right to refuse reservations, cancellations or modifications if the customer is unable to provide sufficient information orally or in written form as proof. It is not permitted for customers to make bookings, cancellations or changes on behalf of third parties.
Before completion of a telephone reservation, cancellation or modification, the service centre agent will reconfirm the information with the customer orally. This confirmation and any resulting reservation, cancellation and/or modification is binding for the customer and is accepted on completion of the oral confirmation of information.
The provider may also make individual reservations outside the hotel listing if there is availability. The customer will be informed of this and must agree to the fact that the binding reservation is only valid for the hotel once the hotel has reconfirmed the reservation in writing and that alterations 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 review. 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 3 days following its initial submission. The providert reserves the right to delete evaluations without being required to give a reason.
6. Miscellaneous
6.1 Collection of Data
All details will be collected with the greatest of care. However, we accept no liability for any errors made during data entry or transmission.
6.2 Information about the Right to Withdraw
The registration with the provider can be cancelled at any time in writing. 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. not turning up) or outstanding invoices in the past.
7. Information on Data Protection
The provider would like to increase your trust in the online reservation of hotels. Therefore we are providing comprehensive details as to which information is obtained from you and how this information is used. The provider guarantees that data protection clauses pursuant to the Data Protection Act of the Federal Republic of Germany are adhered to.
7.1 Anonymous Use of the Reservation Service, Registration Possibilities
Generally you may call up our reservation service without the necessity of giving any personal details - meaning that it is possible to view hotel offers anonymously. This means that you can obtain prices and hotel descriptions without having to register. In order to complete a booking or a confirmation of reservation successfully your contact details are needed. On registering you do have the opportunity to have these contact and booking details stored with us as they have to be entered every time when making a new booking. All these details can viewed and bookings amended or cancelled at any time. Additionally you may change or up date your contact details yourself at any time. Furthermore you may also store further details such as the invoicing address. Without registering you are able to make bookings but will not benefit from these extra features.
7.2 Collection and use of Data to complete a Booking
When a booking is made we store the details that you give us: name, contact details (address and telephone number), e-mail address, details of the booking (hotel, location, arrival and departure times) as well as personal information for the hotel, if you have entered any. In addition when a booking is made we store the time of booking and the IP address from which the booking has originated.
Your details are used in order to carry out, classify and calculate costs of a booking or provision of travel services. On making the booking a contract for the arrangement of the booking is made. We then utilise these details in order to carry out the contract.
When a booking has been made you will receive a confirmation of booking by e-mail from us. You will also always receive an e-mail from us if you make any changes to your booking or personal details. After your departure you will additionally receive an automatically generated e-mail inviting you to make an evaluation of the hotel booked. Your evaluation is stored anonymously. There is no connection of this to your actual booking.
7.3 The Passing of Data to Third Parties
When a booking has been made your contact and booking details, as well as any additional information entered by you, will be transmitted to the hotel booked. Apart from this hotel no one else receives any data, apart from when there is a legal obligation. In the case of criminal investigations e.g the suspicion of a crime, we pass on the date in accordance with the regulations, as per § 28 of the Federal Criminal Code, to the authorities.
We do not pass your details to other hotels neither do we sell address lists. The correct use of your personal details is an integral part of the business philosophy of hotel.de.
7.4 Utilisation of Data in Competitions
In order to be able to participate in any competitions organised, for example to win a hotel stay, you have to register. The details stored are then used to inform you should you be a winner, as well as to ensure that each customer only makes one entry for the same competition. Once the winner has been drawn, the prize draw partner shall be informed by e-mail.
The details of the winner (name, address) will be transmitted to the hotel (won). The hotel shall be instructed that the data is only to be used for the purposes of redeeming the voucher and that any further use is prohibited.
In individual cases we will ask, at the prize draw partner's request, if you agree to your data being disclosed to the partner. In such cases you will consent to the disclosure of data by submitting a separate declaration.
7.5 Utilisation of Data for Sending Newsletters
If you have given us your e-mail address for this purpose or you declared yourself to be in agreement whilst making a booking you will receive our regular newsletters featuring hotel special offers, reductions or one-off benefits offered by hotels in our system. The provider only uses your e-mail address for this purpose and only informs you of their own offers. However without your agreement you cannot be informed about special rates offered to hotel.de customers. If you unsubscribe to the newsletter your e-mail address is removed from the list of recipients.
7.6 Utilisation of Data when Visiting the Website, Cookies
When you visit our website certain non-personal data of the user is gathered and stored for use in the constant improvement of our web pages. This happens anonymously and cannot be traced to the identity of the user. In this case the domain name or the IP address of the computer, the date of use, the http answer code, the website, which has been visited previously to our pages and the amount of data (bytes) transmitted are stored.
The analysis is done by means of Google- Analytics. The evaluation of these useage patterns remain in an anonymous format (e.g. offer 1 was read by 60% of the users). This enables the provider to tailor information offered to the interests of the page users. We always ensure that these details cannot be linked to the personal details of users.
The provider guarantees that no personal user profiles will be created.
The provider uses a technology known as "cookies". Cookies are set during registration in order to authenticate the user during his/her active session. It is also possible to use the provider's site without cookies.
The (http://www.hotel.de) homepage is using an interim plugin for Facebook (operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA). When this page is called up, the browser connects to the Facebook servers. If you have a Facebook account and are logged in to Facebook or have saved Facebook cookies on your computer, Facebook is able to allocate your visit to hotel.de to your Facebook account. If you use the plugin, e.g. by clicking the "I Like" button or leaving a comment, the resulting action is displayed in your Facebook profile.
If you do not want Facebook to receive this information, you must log out of Facebook and/or delete Facebook's cookies before visiting hotel.de.
hotel.de simply provides a link to Facebook. The purpose and scope of the data collection and usage by Facebook and your associated rights and configuration options to protect you as a Facebook user can be found in the Facebook data protection guidelines.
7.7 Protection of your Data
Your personal data is safely stored with us by means of encoding. This applies to your booking, reservation and your customer log in. For this we use the coding system SSL (Secure Socket Layer). Your data cannot be read by anyone outside the company.
Your data is stored on the servers of hotel.de. The whole of the IT area is part of our own IT safety concept. The servers and networks are protected from outside hacking by modern safety components. The processing of your data within the company is subject to the rules of the data protection concept. The provider has empowered an external data protection consultant and combines their processes with the internal data protection. This concept conforms to the requirements of the Federal Data Protection laws.
As a user you are obliged to treat your personal log in details as confidential and not to make these available to unauthorised third parties. We accept no liability for misused passwords in as far as we are not responsible for same.
7.8 Deletion of your Data
You may delete your log in data at any time. The data concerned with a booking or service remain stored in our system until the deadline has passed for all claims. If reservations have resulted in payment processes this data has to remain stored until the deadlines in accordance with § 147 German General Fiscal Law expenses. Thereafter their usage is blocked but can be made available to auditors and the financial authorities if necessary.
7.9 Your Rights: Information, Retraction, Change
Unsubscribe Newsletter Despatch: You may withdraw the right to use your e-mail address for the despatch of newsletters at any time. There are several ways to do this: (1) There is an "unsubscribe" link in each newsletter. If this is used you will removed from the list of newsletter recipients. (2) If you are registered you may administer and change your subscription under the menu point "Newsletter". (3) Finally you may simply inform us by means of a simple message of your wish to terminate. Your data is then blocked. Just addess your message to: hotel.de AG, Hugo Junkers Strasse 15 - 17, D 90411 Nuremberg, fax: +49 (0) 911 - 59832 - 11 or by e-mail to newsletterunsubscribe
hotel.de. Please ensure that you give the correct e-mail address so that we may correctly deal with your termination of subscription.
Changes to Your Data: On registering you will receive a password protected direct access to your data. In this area you can administer and adjust your customer and address details as well as the subscription to a newsletter.
Right to Information: In accordance with the Federal Data Protection laws you have a right to request information about the data stored about you at any time. You also have the right to be informed about the blocking or deletion of said data. Direct your requests in respect of removal, management or use of your personal data, for information, blocking or deletion to: hotel.de AG, Hugo Junkers Straße 15-17, D-90411 Nuremberg, Fax +49-(0)911-59832-11 or by e-mail to infohotel.de.
Contact to the Data Protection Consultant: In addition you may make confidential contact with our data protection consultant in case of questions or complaints about the handling of your data.
8. Guarantee Exclusions
The reservation system is provided for your use free of charge by the website provider or provider of the reservation system. Therefore, the website provider and the provider 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 offerer of travel services, even when this contract has been closed with the help of the website provider or the reservation system of the provider of the reservation system.
- For the eventuality that a contract made with the help of the reservation system or other can be changed or cancelled.
- For the correctness and completeness of the descriptions and travel services described in the reservation system.
9. Limitation of Liability
The liability of the website provider or provider 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 website provider or the provider of the reservation system in a way that the purpose of the contract is endangered or (ii) through gross carelessness or exclusions on the part of the website provider or the provider of the reservation system, in fulfilling same or the services.
If the liability lies with the website provider or provider 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 website provider or provider of the reservation system shall be limited to damages which arose after the intervention of the website provider or provider of the reservation system and which could have been typically foreseen at the time of making the contract. In such cases Number 9 (ii) no liability falls on the website provider or provider of the reservation service for resultant damages, damages due to shortages or loss of possible profit.
Should the website provider or provider 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 parts of or leading managers of the website provider or provider of the reservation system, the total liability of the website provider or provider of the reservation system is limited to such damages arising up to the point at which the website provider or the provider 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 website provider or the provider 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 website provider or provider of the reservation system is limited to EUR 50,000. The total liability for damages to assets (as opposed to people or material items) is furthermore limited in such cases to the value of the services, but at least EUR 10,000.
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 unlawful act.
The exclusion or limitation of liability for damages as per the aforesaid paragraphs also applies to claims against employees or contracted persons of the website provider or provider of the reservation system.
10. Copyright
The component parts of the reservation system operated by the website provider and/or the provider 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 website provider and/or the provider of the reservation system is only permitted when it is used to make reservations through the website provider and/or the provider 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.
