GTC - Arrangement of Accomodation
Stuttgart-Marketing GmbH operates a hotel reservation service at www.stuttgart-tourist.de and all affiliated partner websites. The following terms and conditions of Stuttgart-Marketing GmbH, hereinafter referred to as ‘Agent’, apply to use of the reservation service on all websites.
These General Terms and Conditions apply both to non-binding reservation enquiries from the Customer and to binding bookings for accommodation, travel services or conferences (hereinafter collectively also referred to as ‘services’) made via the Agent’s reservation system.
2. Content of the service
The content of the service is the arrangement and conclusion of an accommodation, travel service or conference agreement, which is formed directly between the Customer and his/her chosen hotel (hereinafter also referred to as ‘Provider’). The Customer pays the confirmed price directly to the hotel. All rights and obligations arising from the accommodation, travel service or conference agreement shall exist directly and exclusively between the Customer and his or her chosen hotel. There are no contractual obligations between the Customer and the Agent.
The Agent provides the Customer with information on a selection of individual services on the Agent’s websites. If the Customer wishes to book a service, the Agent receives the booking request. If the Agent knows that the service is available, the Agent makes the reservation with the Provider and sends the booking confirmation to the Customer. Otherwise the Agent forwards the booking request to the relevant Provider and then forwards the response of the Provider to the Customer.
The Provider of the accommodation/travel service/conference is not the Agent, but the hotel operator.
If the Customer books several services via the Agent’s internet sites, the Customer shall be responsible for selecting and putting together the individual services.
The reservation system will take the Customer’s requirements (e. g. place, destination, price, period, category) into account to the greatest extent possible when suggesting services. However, it should not be assumed that the selection made by the reservation system is the only or best choice; there may be other or better services which could also meet the wishes or requirements of the Customer.
3. Contract between the Customer and the Provider
Use of the reservation system results in a contract between the Customer and the Provider (of the relevant service) for the services selected by the Customer (the ’contract’).
The binding contract is formed when the online booking procedure is successfully completed.
The Agent merely acts as intermediary, conveying information between the Customer and the Provider. The Agent is an independent third party in relation to the Customer and the Provider, and is not a partner, trustee, representative or subcontractor of the Customer or the Provider. The Agent is not responsible for the performance of the contract.
4. Content of the booking
4.1 Standard and non-standard hotel bookings
A standard booking will be honoured by the hotel until 6 p. m. local time. If the Customer fails to arrive by 6 p. m. local time a charge may be payable; the information supplied by the hotel during the booking procedure applies in this respect. After 6 p. m. the Customer no longer has any entitlement to the accommodation. If arrival before 6 p. m. local time is not possible, the Customer must inform the hotel directly of the anticipated arrival time. Non-standard bookings are also offered from time to time. In such cases reserved rooms are held by the hotel operator until a specified time on the day of arrival, after which the entitlement to the reserved room lapses unless the Customer has arranged a later arrival with the hotel operator directly. The Customer must pay careful attention to the detailed booking conditions of the hotel supplied during the booking procedure and shown in the written booking confirmation. Bookings secured by a credit card must be honoured for the whole night, irrespective of arrival time.
4.2 Binding nature of the reservation, amendments and cancellations
Depending on the terms and conditions of the Provider, once a reservation has been made, the Customer is obliged to pay the agreed price for the service (or a part-payment) if he or she does not cancel the reservation in a timely manner or if he or she fails to make use of the service without having cancelled it. If notice of cancellation is given late, or not given at all, the hotel may invoice the Customer for the full price, less any costs saved, as provided for by statute.
The detailed cancellation conditions are shown separately during the booking procedure and are accepted by the Customer when the booking is made.
Cancellations must be made via the Agent’s customer service centre, quoting the booking number. If a booking is cancelled directly with the hotel, the Agent will be unable to provide any -information -concerning any discrepancies regarding the time of cancellation or whether the reservation was -effectively cancelled by the Customer.
Special rates linked to a minimum stay can only be honoured by the hotel if the Customer stays for the full duration of the specified period. In the event of early departure, the hotel may charge a higher price for the shorter stay.
If the Customer wishes to amend an existing booking (rebooking) and if he or she contacts the Agent by email or telephone to do so, the Agent is entitled to store the Customer’s personal data in order to carry out the rebooking. The rights of the Customer regarding deletion of his or her data in accordance with 7.5 of these Terms and Conditions remain unaffected. If the stay is shorter than that specified in the original reservation, the hotel reserves the right to adjust the rate accordingly.
The Agent reserves the right to cancel the reservation without consulting the Customer if details of the traveller or the person making the booking are incomplete, dubious or apparently false. This right also exists in the event of bookings made by persons or registered users who have repeatedly been associated in the past with no-shows or unpaid or not fully paid hotel bills. In both cases there is no right to enforce the booking.
The Agent recommends that the Customer take out appropriate travel insurance, in particular for the costs of cancellation or arranging alternative travel.
4.3 Payment by credit card
When making a reservation, the Customer will often be asked to provide a credit card number and the expiry date of the credit card. This information will be communicated to the Provider of the service concerned and may be checked by the Provider when the reservation is confirmed.
The Customer’s credit card is a guarantee for the Provider that all costs incurred in connection with the booked service will be paid. The costs will be deducted from the credit card by the Provider of the service directly at the hotel. The card must be presented to the Provider there. The time of the payment shall be governed by the Provider’s terms and conditions.
In individual cases special rates will be shown, which are only available if paid for in advance. This will be explicitly stated during the booking procedure. In such cases the Customer agrees that his/her credit card may immediately be debited with the total price shown during the booking procedure, including any taxes and charges. A charge may therefore be applied for any subsequent changes to the booking.
The use of this reservation system is free of charge for the Customer.
If a credit card is requested for the reservation, the reservation system via the Agent cannot be used without a valid credit card.
4.4 Hotel categories and hotel/travel information
The classification of the hotels offered conforms with current international practice and provides a non-binding indication of the standard and facilities of the hotel. The classification is based purely on the assessment of the hotel operator and is not checked by the Agent. All other details concerning the hotels and room descriptions are taken from information supplied by the hotel operators themselves. The Agent accepts no responsibility for the correctness and completeness of this information.
4.5 Contractually agreed prices
All prices are current, favourable daily rates, which are displayed on behalf of the hotels concerned and apply to all bookings made through the Agent’s reservation system.
The bookings are made at the best, currently lowest daily rate of the Agent. The rate is supplied -directly by the hotel for the selected travel date and is displayed on behalf of the hotel. Any last-minute, seasonal, weekend or special promotional prices available to the Agent will be automatically applied when the booking is made.
The price is provided by the hotel and includes the relevant taxes and charges. Where reference is made to taxes and charges, these are taxes and charges which are included in the price. The tax amount is always subject to change and must therefore be regarded as non-binding. The hotel prices apply per room, per night, exclusive of any additional services. The additional services offered vary from hotel to hotel. The room rate only includes additional services (such as breakfast) if the description explicitly states that this is the case. Otherwise payment for such services is made directly to the hotel.
Passport, visa, customs, currency and health regulations relating to the travel service
The Agent only arranges individual services and has no knowledge of the specific details of the Customer’s trip or his/her personal circumstances (e.g. nationality). The Agent is therefore unable to provide information on the applicable regulations concerning passports, visas, customs, foreign currency or health. Thus Customer is responsible for complying with any applicable laws.
4.7 Consolidation of similar individual bookings
If a Customer or customer group creates a group booking by making several consecutive or parallel individual bookings, the hotel and the Agent have the right to combine the individual bookings into a group booking and to modify the booking and cancellation conditions. If the Customer does not accept the new conditions, the hotel or Agent are entitled to cancel the bookings. The Customer may only assign its right to the reserved service to another person with the express consent of the Provider. The Agent reserves the right to cancel reservations without consulting the Customer if information about the traveller(s) is missing or dubious.
4.8 Enquiry, booking and cancellation of a conference
If a hotel’s conference facilities are booked via the Agent, the completion of the booking process will result in a binding contract between the Customer and the hotel. If a booking is cancelled, the Customer must inform both the Agent and the hotel. The Agent must be notified of the cancellation in writing. After the end of the conference the Agent may request a copy of the conference invoice in order to evaluate the services utilised for statistical purposes.
4.9 Telephone enquiries to the Agent’s customer service centre
Registration is required in order to make reservations by telephone via the Agent’s customer service centre. Personal details such as name, address, email address or fax number must be supplied, and sometimes bank account or credit card details, if these are necessary to complete the reservation.
By registering by telephone via the Agent’s customer service centre, the Customer accepts the Agent’s General Terms and Conditions.
In order to make or cancel reservations, or to amend data, the Customer has to be authenticated. This requires the provision of certain information, such as the booking reference or, in the case of cancellation, the cancellation number. The Agent reserves the right to refuse to make or cancel bookings, or to amend data if the Customer is unable to provide sufficient authentication in writing or by telephone. Bookings may not be made or cancelled nor data amended on behalf of a third party.
Another data check will be made by telephone before a telephone reservation, cancellation or amendment of data is completed. This data check and the resulting reservation, cancellation or data amendment shall be binding upon the Customer and will be accepted once the data check made by telephone has been completed.
The Agent may also make individual bookings outside the system, provided that the relevant hotel has availability. The Customer will be informed of this separately and agrees that the reservation, which is binding upon the Customer, shall only be valid for the hotel once the hotel has confirmed the booking in writing, and may be subject to change. This provision does not apply to group bookings made via the customer service centre.
5. Customer review
The Customer has the opportunity to submit a review of the hotel once he or she returns home. The Agent reserves the right to delete reviews without giving any reason.
6.1 Data capture
Every effort is made to ensure that data is compiled accurately. However, no liability is accepted in the event of any errors during data entry or transmission.
6.2 Information concerning the cancellation right
The Customer may cancel the registration with the Agent at any time in writing. The Agent is also entitled to cancel the registration of a customer if it has good reason to do so. The cancellation will not affect any services already arranged. The Agent also reserves the right to deactivate customer accounts without consulting the Customer if details are incomplete, dubious or apparently false. The same right also applies if the Customer has often come to its attention in the past for reasons such as repeated no-shows without cancellation, or unpaid bills.
The Agent wants the Customer to trust in the online hotel reservation service. The following thus explains in detail to the Customer what information is collected about him or her and what this information is used for. The Agent ensures compliance with the provisions of Germany’s Federal Data Protection Act.
7.1 Anonymous use of the reservation service, option to register
The Customer can generally access the Agent’s reservation service without providing any personal information i. e. it is possible to view the range of hotels anonymously, so the Customer can find out about prices and hotel descriptions, for example, without having to register. To book or reserve a service, however, the Customer’s contact details are required. By registering, the Customer has the option to store these contact details and thus avoids having to enter them again each time he or she wishes to make a booking.
7.2 Data entry and use of data to make a booking
When a booking is made or reservation arranged, the Agent stores the data supplied by the Customer: name, contact details (address and telephone number), email address, information about the booking (hotel, location, dates of arrival and departure) as well as personal information for the hotel, if supplied. If a booking is made, the Agent also records the time the booking was completed and the IP address from which it was made.
The information is used to give the booking or reservation a unique reference number, to carry out the booking or reservation and to bill for it. When a booking is made, an agency agreement also comes into effect. The Agent uses this information to perform that agreement.
If the booking is made successfully, the Customer will receive confirmation from the Agent by email, fax or post. The Customer will also receive confirmation by email, fax or post whenever the Customer makes changes to the booking or to his or her account details.
7.3 Disclosure of data to third parties
If a booking is made, the contact details and booking information of the Customer and the ‘other information for the hotel’ supplied by the Customer will be forwarded to the selected hotel. This information will not be shared with any party other than the relevant hotel unless there is a specific statutory duty to disclose such information. In the event of a criminal investigation, e. g. if a crime is suspected, the Agent will disclose information to the investigating authorities in accordance with the provisions of section 28 Federal Data Protection Act (BDSG).
The Agent will not share the Customer’s data with other hotels, and does not sell addresses. Dealing with personal information in a respectful way is part of the Agent’s business philosophy.
7.4 Protection of customer data
The Agent ensures secure transmission of the Customer’s personal data through the use of encryption. This applies to bookings/reservations and also to the customer login. The Agent uses the SSL communications protocol (Secure Socket Layer). The data cannot be viewed by third parties.
Customer data is stored on systems of the Agent’s service provider. All IT systems are covered by a dedicated IT security concept. Servers and networks are protected against third-party access by the latest IT security components. Data is processed at the service provider in accordance with a data protection policy. The policy implements the legal requirements of the BDSG.
As a user, the Customer is obliged to treat his/her personal logon details as confidential and not to disclose them to any unauthorised third party. The Agent assumes no liability for misuse of passwords, so far as the Agent is not responsible for the misuse.
7.5 Deletion of customer data
The Customer may delete his/her logon data at any time. Data relating to the booking/reservation will be stored in the Agent’s system or that of its service provider until all claims arising from the agency agreement have become time-barred. If reservations have resulted in payment transactions, this data must be stored in accordance with section 147 of the German Tax Code until the limitation periods for any claims have elapsed. It cannot then be processed any further, but will remain available for inspection by auditors and the tax authorities if required.
7.6 Right to information
Under the Federal Data Protection Act, the Customer is entitled to request information on the data stored on him or her at any time, and is entitled, where applicable, to have this data corrected, blocked or deleted. Questions relating to the collection, processing or use of the personal data, on the provision of information, corrections, blocking or deletion must be addressed to the Agent (Stuttgart-Marketing GmbH, Rotebühlplatz 25, 70178 Stuttgart, Fax +49 (0) 711 2228-217 or email email@example.com).
8. Exclusion of warranty
The reservation system operated by the Agent is a service which is free of charge for customers. The Agent therefore assumes no liability for the operation and use of the reservation system, in particular for the following:
For the availability of the reservation system and the facility to be able to book services through the reservation system.
For the due and proper performance of a contract between the Customer and a provider of services, even if such contract was concluded using the reservation system operated by the Agent.
For the completeness and accuracy of the descriptions of the services contained in the reservation system.
9. Limitation of liability
The liability of the Agent for all loss, irrespective of the basis in law, including tort, quasi-contractual obligation, contract or warranty, is excluded, unless the loss is caused (i) through culpable breach of an essential duty of the contract (these are duties without which the due and proper performance of the contract would not be possible, and upon whose compliance the contracting partner ought to be able to rely) by the Agent, or (ii) through gross negligence or intent on the part of the Agent.
If the Agent is liable pursuant to 9.1(i) for the culpable breach of essential duties of the contract, and there is no gross negligence or intent, the total liability of the Agent shall be limited to such loss which the Agent could typically have foreseen given the circumstances known to it at the time the contract was concluded.
If the Agent is liable pursuant to 9.1(ii) for the gross negligence of employees or contracted persons who are not directors and senior managers of the Agent, the total liability of the Agent shall also be limited to such loss which the Agent could typically have foreseen given the circumstances known to it at the time the contract was concluded. In cases that fall within the scope of this clause 9.3., the Agent shall bear no liability for indirect loss, consequential loss or lost profit.
Irrespective of the above liability exclusions and limitations (9.1 to 9.3), the Agent shall always be liable for warranted qualities, personal injury, fraud and liability under the German Product Liability Act.
The exclusion or limitation of liability to pay compensation pursuant to the above provisions shall also apply in respect of any claims against employees of or persons contracted by the Agent.
The components of the reservation system operated by the Agent are subject to copyright and other proprietary rights. Use of the Agent’s websites, the reservation system operated by the Agent and the materials stored there is permitted only in order to carry out reservations via the Agent.
11. Governing law
These terms and conditions and the underlying contracts between the Customer and the Agent are governed by the law of the Federal Republic of Germany, excluding application of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
12. Place of jurisdiction
For all present and future claims arising from the business relationship with traders, legal entities under public law or publicly-owned corporations, the courts at the location of the registered office of the Agent shall have exclusive jurisdiction. The same place of jurisdiction shall apply to customers who have no general place of jurisdiction in Germany, whose residence or habitual place of abode has been moved abroad after the conclusion of the contract or whose residence or habitual place of abode is not known at the time legal proceedings are instituted. However, the Agent is also entitled to sue the Customer at the Agent’s general place of jurisdiction.