General Terms and Conditions for the Arrangement of Accommodation and Travel by Stuttgart Marketing GmbH via the Internet Platform
§ 1 Scope of Application - Subject of Contract
(1) These General Terms and Conditions shall apply to the arrangement of accommodation or travel by Stuttgart-Marketing GmbH, Lautenschlagerstrasse 3, 70173 Stuttgart, for the customer.
(2) This agency contract shall be classified as a non-gratuitous contract for services
(3) Only the latest version of the General Terms and Conditions at the time of conclusion of the contract shall apply. Stuttgart-Marketing GmbH shall not accept conflicting terms and conditions of the customer or terms and conditions of the customer differing from the following General Terms and Conditions, unless the customer's general terms and conditions have been expressly approved in writing. The following General Terms and Conditions shall also apply if Stuttgart-Marketing GmbH supplies all the services to the customer in the knowledge of conflicting terms and conditions of the customer or terms and conditions of the customer differing from the following General Terms and Condition.
§ 2 Conclusion of Contract - Overall Price Liability
(1) In the event of acceptance by Stuttgart-Marketing GmbH or the particular service providers, up to three contracts shall come about through the binding booking inquiry:
- An agency contract with Stuttgart-Marketing GmbH
- The arranged accommodation contract with a service provider (hotel, etc.)
- If required: the arranged transport contract with a service provider (Deutsche Bahn AG, etc.)
(2) The contract relating to the arrangement of services according to § 1 shall come about after the customer sends an electronic booking inquiry by means of the Internet order form of Stuttgart-Marketing GmbH and it has been accepted electronically by Stuttgart-Marketing GmbH. The booking inquiry shall be binding and shall normally be accepted after it has been received and briefly checked by Stuttgart-Marketing GmbH. Receipt of the inquiry shall be confirmed by means of an automatic system e-mail; this shall not be confused with the e-mail in which acceptance of the order is explained. The contents of the last two mentioned e-mails may also be shown in an e-mail.
(3) Stuttgart-Marketing GmbH shall start to implement the agency contract after it comes about and shall forward the booking inquiry to the particular service provider (hotel, Deutsche Bahn AG, etc.) - normally in electronic form. After the service provider has accepted the booking inquiry, the accommodation contract or the transport contract shall come about. The service provider or Stuttgart-Marketing GmbH, as its authorised representative, shall give the customer notification of acceptance. This may take place by phone or fax or by sending corresponding travel documents.
(4) Clarification:
Stuttgart-Marketing GmbH shall not become a party to the accommodation contract or transport contract. It shall only arrange the effectuation of the contracts between the customer and the service provider.
§ 3 Payment - Dispatch
(1) The customer shall pay the stipulated price, which contains statutory value-added tax. The price shall become due for payment as soon as a contract comes about between the customer and the service provider, and the customer had the opportunity to acquire knowledge of this fact. Commissions and agency fees from this agency contract shall be contained in the stipulated price.
(2) Payments may be made using the methods shown on the homepage. If a payment is billed back, the customer shall be obliged to immediately return the authorisation documents that were handed over and refund the costs that were incurred.
(3) The customer shall only have offsetting rights if his counterclaims are absolute or undisputed, or have been accepted by Stuttgart-Marketing GmbH.
§ 4 Waiver of Revocation
(1) Stuttgart-Marketing GmbH shall start to implement the agency contract as soon as it comes about by forwarding the inquiry to the service providers. The customer's right of revocation according to § 312 d of the German Civil Code (BGB) shall expire prematurely (on sending of the booking inquiry) if the customer states expressly (approval) during the electronic order process (before sending the data) by ticking a box to the effect that Stuttgart-Marketing GmbH can start straightaway to process the order. This shall correspond to the legal regulation in § 312d (3) of the German Civil Code (BGB).
Online booking shall not be possible without this approval since the travel services themselves have often been furnished in full before the end of the statutory revocation periods or the provision of services commences at least within the period.
(2) Stuttgart-Marketing GmbH refers specifically to the possibility of concluding cancellation insurance, which may cover the corresponding costs of cancellation.
§ 5 Cancellation and Change of Booking
(1) The customer may withdraw at any time from the arranged contract (cancellation).
Failure to make use of the ordered services (room, rail travel, etc.) shall only release the customer partially from any payment obligation towards the service provider (hotel, Deutsche Bahn AG, etc.). The following cancellation and rebooking regulations shall apply:
(2) Cancellation of accommodation contracts:
Depending on the time of receipt of a notice of cancellation, the customer shall pay the following lump sum rates of the hotels (each as a % of the agreed price), which shall be forwarded by Stuttgart-Marketing GmbH to the particular hotel:
Up to 90 days before the arrival date: 10 %
Up to 45 days before the arrival date: 20 %
Up to 28 days before the arrival date: 45 %
Up to 21 days before the arrival date: 55 %
Up to 7 days before the arrival date: 65 %
Less than 7 days before the arrival date: 80 %
Stuttgart-Marketing GmbH shall be entitled in every case to demand an additional cancellation fee of € 8.00 as separate damage.
The above-mentioned lump-sum cancellation costs shall take account of the average cost savings and the normally possible other use of the booked accommodation by the hotel.
The customer shall be entitled at any rate to provide evidence to the effect that no damage or only negligent damage was incurred. Stuttgart-Marketing GmbH and the service provider shall be entitled to enforce claims for their specific damage instead of lump-sum compensation and to provide detailed evidence of this damage.
(3) Cancellation of rail journeys:
If the customer cancels a booked rail journey and the contract is reversed by Stuttgart-Marketing GmbH, the former shall reimburse Stuttgart-Marketing GmbH for the costs which Deutsche Bahn AG invoices Stuttgart-Marketing GmbH in an individual case. These costs normally amount to at least € 13.00.
Stuttgart-Marketing GmbH shall be entitled in every case to demand an additional cancellation fee of € 8.00 as separate damage.
The customer shall be entitled at any rate to provide evidence to the effect that no damage or only negligent damage was incurred. Stuttgart-Marketing GmbH and the service provider shall also be entitled to enforce claims for their specific damage instead of lump-sum compensation and to provide detailed evidence of this damage.
(4) Changes of booking
The customer shall be obliged to pay € 5.00 for every change of booking to Stuttgart-Marketing GmbH. This fee may also be payable in addition to the amounts stipulated under § 5 (1) to (3).
The customer shall be entitled at any rate to provide evidence to the effect that no damage or only negligent damage was incurred. Stuttgart-Marketing GmbH and the service provider shall be entitled to enforce claims for their specific damage instead of lump-sum compensation and to provide detailed evidence of this damage.
(5) The arranged contracts shall normally be rescinded by Stuttgart-Marketing GmbH. Cancellations and requests for changes to bookings of accommodation and train tickets shall therefore be sent in writing and - if possible - to:
Stuttgart-Marketing GmbH
Lautenschlagerstrasse 3
70173 Stuttgart
Cancellations and requests to change accommodation bookings may also be sent to the particular hotel if Stuttgart-Marketing GmbH cannot be contacted (especially at weekends and on public holidays).
§ 6 Guarantee
(1) The information provided by Stuttgart-Marketing GmbH shall be based on statements from the particular organisers. Stuttgart-Marketing GmbH shall furnish no guarantee for the accuracy of this information.
(2) Stuttgart-Marketing GmbH shall also accept no guarantee for the arranged services, especially not the contents, implementation, progress or quality of services or events, or for the accuracy of the information transmitted by the service provider. The service providers shall have sole responsibility in this case.
§ 7 Liability
(1) The liability of Stuttgart-Marketing GmbH and its vicarious agents for infringements of contractual obligations and from offences shall be limited to intent and gross negligence. This provision shall not apply in the event of death, physical injury or damage to the customer's health, claims in connection with the infringement of cardinal obligations and the reimbursement of damage caused by default (§ 286 of the German Civil Code). Stuttgart-Marketing GmbH shall be liable in this respect for every degree of fault.
(2) The liability of Stuttgart-Marketing GmbH for non-physical damage shall be limited per customer to three times the price of the arranged service, unless the company acted with intent or in a grossly negligent manner.
(3) If the customer is not an end user, the liability of Stuttgart-Marketing GmbH shall also be limited to the reimbursement of the typical damage that was incurred.
§ 8 Data Protection
The customer's personal data shall be automatically recorded, processed and used to the extent required to implement the contract and through compliance with data protection legislation. Stuttgart-Marketing GmbH shall be entitled to pass on data to natural or legal persons who implement the accommodation contract or furnish the transport services.
§ 9 Exclusion of Claims and Limitation of Actions
If liability for damage which was not caused by death, physical injury or damage to the customer's health, or for slight negligence is not excluded, these claims shall become statute-barred within one year starting from the occurrence of the claim. The limitation of action for compensation claims based on intentional action by Stuttgart-Marketing GmbH shall be governed by legal regulations.
§ 10 Form of Statements
Relevant statements and announcements which the customer has to make to Stuttgart-Marketing GmbH or a third party shall be required in writing (letter, fax, e-mail).
§ 11 Place of Performance - Choice of Law - Place of Jurisdiction
(1) Unless otherwise shown in the agency contract with Stuttgart-Marketing GmbH , the place of performance and place of payment shall be the principal place of business of Stuttgart-Marketing GmbH. If the customer is an end user, the legal regulations relating to the places of jurisdiction shall not be affected.
(2) The law of the Federal Republic of Germany shall apply.
(3) In the case of contracts with merchants, legal persons under public law or special public assets, the sole place of jurisdiction shall be the court responsible for the principal place of business of Stuttgart-Marketing GmbH.
§ 12 Reference to General Terms and Conditions of Hotels and Transport Companies
The general terms and conditions of the particular service provider (hotel, rail company, etc.) shall regulate the contractual relations between the customer and the service provider. If effectively included, they shall therefore form an integral part of the accommodation contract or transport contract.
§ 13 No Liability for External Contents
Stuttgart-Marketing GmbH shall not be responsible for cross-references ("links") which refer to contents provided by other suppliers.
In regard to the services to be arranged, the sole decisive factor shall be the information provided on the homepage of Stuttgart-Marketing GmbH. In particular, Stuttgart-Marketing GmbH shall accept no responsibility for the contents of the homepages of hotels or transport companies.
Position at 28 November 2003
