Accommodation Agreement
Gastaufnahmevertrag (Accomodation Agreement)Rights and obligations arising from the guest accommodation contract DEHOGA (German Hotel association) - Accommodation Agreement
The obligations resulting from the accommodation contracts and contract rights are often not known. As long as there are no problems that may require legal clarification of the mutual contract positions that are felt and this ignorance is not as unpleasant. The problem arises, however, mostly when parties intend to take in ignorance of the legal rights under the contract claim for themselves, which the law accords them no. Such cases usually occur when the guest a room reserved will once again cancel. DEHOGA has noted, the rights and obligations as they collected resulting from the accommodation contract. They are confirmed in the case law.
§ 1 The guest accommodation contract is concluded once the room has been ordered and committed.
§ 2 The conclusion of the accommodation contract requires the contractor to fulfill the contract, regardless of completed regardless of the duration of the contract.
§ 3 The landlord is obliged to pay for failure of the guest room damages.
§ 4 The guest is obliged to pay for non-use of contractual services to the agreed or customary price, less the expenses saved by the landlord.
The savings amount to empirical propositions:
on accommodation at Apartments 10%
in bed and breakfast 20%
in half board 30%
for full board 40%
of the room price.
§ 5a The landlord is required in good faith to re-allocate unused rooms if possible, to avoid losses.
§ 5b Until otherwise rent the room the guest for the duration of the contract has to pay the amount calculated in paragraph 4.
Notes to Gastaufnahmevertrag
The accommodation contract is in the Civil Code, apart from the settlement of the liability in case things brought in, not very regulated, so-called mixed agreement. It includes rent, service, contract work and may even purchase law. The involvement of different areas of law does not exclude that the accommodation agreement regarding the contractual obligations shall not be treated differently than any other means auch.Dies in civil law that the accommodation contract can be unilaterally dissolved by any party.
The cancellation of an already in a hotel or other lodging establishment room booked may be made as little reversed, unless in agreement with the landlord. Whether the contract will be concluded in writing or verbally this is not decisive. In consequence of this legal principle is the date on which the guest wants to cancel a booked room, irrelevant, because if there is no unilateral withdrawal from the contract can not be dependent on the timing of the cancellation of the rooms also order. For the claims of the landlord only crucial if he could rent the canceled room elsewhere. Only if the landlord another lessee, the guest will be released from his contractual obligations.
Of course, the landlord failed to obtain re-rental may not malicious, ie he must strive to hire, on the other side but in no case should the guest fail to inform the owner, because otherwise he deprives himself of the opportunity to be freed from his contractual obligations. In that regard, the question of cancellation as early as possible can play a crucial role. If the claim of the landlord to pay the agreed or customary price for the contractual performance, less expenses saved is not a claim for damages, but rather a claim that goes to fulfill the contract. This distinction is to be collected by the host defenses legally relevant. For the performance claim there is no legally important, could not for whatever reason, the guest, the room reserved avail.
At number "Safe" They go with a travel cancellation insurance.