1. Definitions
Host´s accommodation price denotes the price for accommodation and additional services (extra bed(s), breakfast, final clean-up, etc.) for the duration of the customer's stay, including agent's commission.Agent's commission denotes a fee charged by holidaA and their partners. It constitutes of a percentage rate (plus VAT) of the host's accommodation price.
Consultation fee denotes a fee raised by holidaA and their partners. It is a fixed rate per booking which is added to the host's accommodation price.
Total accommodation price is the price payable by the traveller and consists of host's accommodation price plus consultation fee.
Cancellation fee denotes a fee raised by holidaA and the accommodation's host in case of a cancellation of the contract or non-appearance of the customer.
Cancellation processing fee means a fee amounting to € 10 plus VAT charged by holidaA for the processing of cancellations or rescissions of the contract or rebookings or changes of reservations.
All prices and fees include VAT.
2. General terms
The client, the host of the hotel or apartment, will subsequently be referred to as "host".We, the agent, holidaA Ltd., Stralsund, Germany, will subsequently be referred to as "holidaA".
The traveller, who books, reserves, cancels, etc., accommodations via the internet portal of holidaA and their partners will subsequently be referred to as "guest/traveller".
holidaA operates several internet portals for travellers (amongst others, www.holidaA.de, www.fe-wo.de, www.urlaub-auf-dem-bauernhof.de) and a sophisticated call centre ("holidaA Service Centre"). Furthermore, holidaA has cooperation agreements with a wide range of regional, national and international traveller's portals, call centres, travel agencies and accommodation mediators to provide hosts with the ability to make the best use of multimedia-based as well as conventional ways to present themselves.
All processes connected to internet presentation, booking, reservation, and billing are realised by professional licensees using holidaA's international database for hosts and their reservation and booking system.
holidaA solely acts as a mediator between hosts and guests/travellers. All liability issues have to be clarified between the contract partners (host and guest/traveller).
In the few exceptional cases in which holidaA operates voyages or tours on their own responsibility all liability issues are governed by holidaA's "Reiseveranstalterbedingungen" (terms and conditions for tour operators) and by §§ 651 a) ff. BGB (German Civil Code). The customer will be advised of this fact specifically prior to booking.
3. Online presentation of hosts' pictures and data in the Internet (host database)
holidaA will receive information (pictures and data) regarding the host's hotel or apartment and store them in the hosts´ database. These data, together with the host's accommodation price (including agent's commission and consultation fee), will be made available to the public in holidaA´s and their partners´ hosts index during the duration of the contract between holidaA and the host. This applies to all prices (standard rates, seasonal rates and special offers). The presentation will be conducted due to the rules stipulated with holidaA.4. Conclusion of the contract about the presentation of host data via holidaA´s distribution channels (multimedia contract, placement contract)
The placement contract between holidaA and a host becomes operative by signing the contract by the host and a holidaA representative. The host's or his representative's authority to sign such contracts is a condition precedent.The contract also becomes binding on all parties in case the host enters his data into the online form and clicks the button "Absenden" ("Send").
The placement contract becomes operative if it is not cancelled by any contract partner in written form (including email) within 7 days.
Payment is to be made per annum and in advance immediately after the inception of the contract. All prices are subject to VAT (value added tax). The minimum term of the contract is three years from publication of host data in holidaA´s host database or from the receipt of the login data. The duration is prolonged by 12 months if the contract is not cancelled in written form three months prior to the expiration of the duration.
Optionally, a one-year-contract with a higher annual fee can be signed. The duration is prolonged by 12 months if the contract is not cancelled in written form three months prior to the expiration of the duration.
5. Obligations and rights of the host
The host assures that all proclaimed specifications of his hotel or apartment (referred to as "object" subsequently) are true. He makes all data and pictures available to holidaA free of charge, asserts that he is the copyright holder of these data and pictures and grants holidaA and their partner the unrestricted right to make use of these.The host obligates himself to revise the correctness of the presentation created by holidaA and to verify the accurateness of all specifications given. Any possible incorrectnesses and requests for changes have to be stated immediately.
Any subsequent changes to the host's object, hotel, apartment, etc. (like changes in equipment, contents, furniture and fixtures, etc.) or in the object's vicinity (like construction works, opening of a discotheque, closing of infrastructural facilities, etc.) must be reported to holidaA immediately.
The object is placed at the guest's disposal at the date and time stipulated and in the condition as provided in the contract between holidaA and the host.
The object can be rent to other people or be occupied by the host as well. Such appointments must immediately be reported to holidaA or be entered into the booking system by the host. In case of double bookings holidaA´s booking takes priority over other bookings and have to be indicated to holidaA immediately.
In case the host passes the ownership or right of use of his object to someone else he has to make sure his successor complies with all rights and duties arising from the contract with holidaA. Such changes in legal state have to be reported to holidaA immediately.
The host guarantees the orderly condition of the object and is liable for the correctness of all specifications on the object provided by him.
The host guarantees the guest/traveller the availability of the object on the due date and time as well as the object's good condition as provided in the contract between holidaA and the host.
holidaA will inform the host immediately in case of any customer complaints on the part of the guest/traveller. The host obligates himself to find a remedy for these complaints and to comment on these to holidaA within 7 days. In case this comment does not reach holidaA within the said period, holidaA is entitled to settle the guest/traveller's claims at the host's expense. holidaA assures a fair balancing of interests. The host is liable for any consequences arising from any infringement of the contract.
The host shall indemnify, hold free and not harm holidaA and their partners from any indemnity claims except in cases in which holidaA can be held liable from any clause of the placement contract.
In case of rightful indemnity claims by the guest/traveller towards holidaA, holidaA is entitled to demand full compensation from the host. holidaA can not be held responsible for any damages caused to the host by guests. Any such damages must be compensated by the guest/traveller.
6. Obligations and rights of holidaA
holidaA enters all stipulated data provided by the host into their reservation and booking system, especially the stipulated room rates.All internet portals, catalogues, newspapers and magazines in which the host data is published will be determined by holidaA. Rooms are bookable for each and any guest/traveller.
In case the accommodation rates can be changed online by the host the additional rules stipulated online are valid. In other cases the terms of the contract and these terms and conditions apply. holidaA undertakes the advertising of the presentation, the administration of all business processes, the payment of the business partners (internet portals, call centre, travel agencies, accommodation mediators, etc.), the encashment of the guests/travellers and customer liaison and support of those guests/travellers who have booked their object via holidaA.
holidaA will inform the host of any reservation, booking or rescission on the part of the guest/traveller via email or fax. Especially in case of short-term changes or rescissions this information can be given via telephone. This notification will be binding for both holidaA and the host.
7. Obligations and rights of holidaA
All bookings realised through holidaA´s reservation and booking system - be they in written form, via telephone or electronic data processing - are binding for both host and guest/traveller, expressly as well in cases the booking/reservation/rescission is made without signature via electronic data processing (email).Reservation requests are non-binding. All objects which are marked "vacant" in our reservation and booking system by the host can be booked by the guest/traveller on the days and at the rates indicated. If an accommodation is marked "vacant" it can be mediated/booked by holidaA´s booking system or the holidaA Service Centre on the indicated days without prior consultation with the host. holidaA will inform the host and the guest/traveller about an effective booking/reservation.
All reservations/bookings or rescissions will in any case be communicated to the host via the stipulated means of communication (email/fax).
8. Accommodation contract and payment
At the time when the electronic booking takes place the accommodation contract comes into existence, expressly only between the host and the guest/traveller. holidaA only acts as a mediator and not on their own behalf. The host is obliged to perform all services stipulated in the contract and to assert all claims towards the guest/traveller.The host obligates himself to accept all of holidaA´s bookings and to guarantee accommodation to the guest/traveller. This obligation is also effective in case the host is fully booked but failed to notify holidaA about the days not vacant any more. Rebookings to other hosts is only allowed upon the express approval by the guest/traveller. In case of a rebooking the host is committed to take over all emerging additional costs. holidaA´s claim for agent's commission and consultation fee remains unaffected.
Every reservation is to be held open by the host until 6 p.m. at the day of the guest's arrival. holidaA´s terms of reservation and payment apply which are accepted by the guest/traveller upon reservation. The host can place a reference to his own terms of rescission in holidaA´s reservation and booking system. In case of a delayed rescission by the guest the host obligates himself to accept other guests for the accommodation if demand exists.
9. Terms of payment
holidaA offers different payment methods. In any case holidaA will send the host a booking confirmation with the total accommodation price, the payable fees and agent's commission along with detailed information on the guest/traveller including the full address.9.1 Payment by the guest/traveller to the host
The guest/traveller pays the stipulated total accommodation fee directly to the host. The host receives booking confirmations/invoices from holidaA for this case.holidaA settles an invoice for the agent's commission and consultation fee for the host. Payment for agent's commissions and consultation fees takes place monthly for the overnight stays effectively booked in the month past. Payment is to be made instantly. In case the payment is not effected immediately holidaA is eligible to raise dunning charges of € 5 for the first and second reminder and € 10 for the third and ultimate reminder (pre-collection letter) plus mailing expenses and in addition interest on late payment of 1% per month plus VAT.
If a host is behind schedule with more than two monthly payments for agent's commission and consultation fee, holidaA is eligible to exclude the host from further use of the reservation and booking system.
The invoice is sent to the host by fax or email. Based on this bill payments are to be made. If desired, a paper-based invoice can be sent at extra cost (€ 3 plus VAT).
The host obligates himself to inform holidaA about every rescission or other changes in status of booking immediately, at the latest after 7 days. If this time limit is exceeded, the agent's commission and consultation fee has to be paid irrespective of the arrival or non-arrival of the guest/traveller.
9.2 Payment by the guest/traveller to holidaA against a voucher
The guest pays the stipulated total accommodation fee to holidaA and receives a voucher on arrival of the payment. The host receives a booking confirmation from holidaA which guarantees payment of the host's accommodation price less the agent's commission on presentation of the voucher to holidaA.After the guest/traveller has presented the voucher to the host as a payment for the booked accommodation the host will invoice holidaA for the host's accommodation price by fax or email or by post. holidaA will immediately transfer the demanded accommodation price to the host's stipulated bank account.
In case of rescission or non-attendance of the guest/traveller holidaA will forward all payments already made by the guest/traveller less the stipulated agent's commission and consultation fee to the host. Any further rescission fees will be claimed by the host directly from the traveller.
9.3 Payment of the agent's commission and consultation fee to holidaA and of the total accommodation price less holidaA´s commission to the host
The guest/traveller makes a down payment in the amount of the stipulated commission and consultation fee to holidaA and the stipulated host's accommodation price less commission to the host. In this case the host will receive booking confirmation from holidaA indicating the due accommodation price. All possible cancellation fees will be claimed by the host directly from the guest/traveller.9.4 Commission agreement
An agent's commission for every effective booking is agreed upon by holidaA and the host amounting to:
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for bookings made by fax or telephone |
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for bookings made online in holidaA´s reservation and booking system |
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for bookings made by the guest/traveller directly on the host's homepage (a separate contract is necessary) |
All payments are subject to VAT.
10. Disclaimer
holidaA can only be held liable for damages and losses which are caused by premeditated or wantonly negligent behaviour on the part of holidaA or their partners. holidaA expressly is not liable and will not refund any losses caused to the host by non-attendance or delayed rescission on the part of the guest/traveller. In such cases the host can refer to the guest/traveller. The same applies for possible vicarious agents of holidaA or third parties.11. General information
The host consents on holidaA´s right to reassign all or parts of the rights and obligations arising from the contract to third parties of holidaA´s choice.In case of such reassignation, holidaA guarantees that said third party fulfils all his duties and obligations arising from the contract.
In this case, the host can cancel the contract free of charge within 14 days of coming to light.
12. Miscellaneous
This agreement shall be governed by and construed in accordance with the laws of Germany and subject to the non-exclusive jurisdiction of the German courts. The court of jurisdiction is, whenever possible, Stralsund, Germany. holidaA has the right to change the court of jurisdiction.Only clauses preconcerted in written form shall be legally significant. All changes to the contract only become valid if they are expressly approved by holidaA.
If any of the above mentioned terms and conditions is unenforceable in any way, than the invalidity of any such conditions shall not effect the remaining terms and conditions, all of which remain in full force and effect. Any possible unenforceable arrangement shall be replaced by one which is contentually nearest to the unenforceable one.
updated January 2007
