AGB
1.1 The business relation between TEST Berlin GmbH & Co. KG or TEST GmbH & Co. KG (hereinafter TEST) and the company within the meaning of § 14 of the German Civil Code (BGB) (hereinafter customer) shall be exclusively governed by the following General Terms and Conditions in the version valid at the time of the booking request. TEST shall not accept any deviating, contrary or amended General Terms and Conditions established by the customer, unless TEST expressly agrees to their validity in writing.
1.2 References to statutory regulations are for clarification purposes only. Even without such clarification, the statutory regulations shall apply unless they are directly amended or explicitly excluded in this General Terms and Conditions.
2.1. The binding booking request of the customer, which binds the customer for a period of two weeks, constitutes a binding offer to TEST to conclude a contract of accommodation.
2.2. When the customer sends a binding booking request to TEST, TEST sends the customer a notification to his/her email address if indicated or to his/her postal address or fax number if indicated. Such notification confirms that TEST has received the booking and contains the details of the booking (Confirmation Of Receipt). This Confirmation Of Receipt does not constitute the acceptance of the customer’s offer but merely serves to inform the customer that his/her booking request has been received by TEST.
2.3. The contract of accommodation will become effective only when TEST sends an express booking confirmation via email, telefax or postal mail. By sending this express booking confirmation TEST accepts the offer of the customer.
3.1. The customer and TEST conclude a contract of accommodation for the provision of accommodation and/or board for a specific date and/or time period on a commercial basis regarding accommodation, including the associated additional services, which TEST has reserved and/or booked with the accommodation provider for the customer in its own name and for its own account. The settlement of remuneration for the associated services by TEST resulting from the arrangement, the receipt and the carrying out of such reservations/bookings for the customer is exclusively carried out by TEST.
3.2. The customer is obligated to take for him/herself or for the hotel guests to be chosen by him/her the booked/reserved rooms arranged by TEST with the accommodation provider for and on behalf of TEST for the date/ time period (hereinafter Booking Period) and shall pay the mutually agreed remuneration to TEST. If the customer has not booked the reserved/booked rooms for him/herself but for guests to be determined by him/her, he/she shall send a name list of all the hotel guests to TEST no later than two weeks prior to the commencement of the Booking Period (day of arrival).
3.3. The scope of services to be rendered under this contract principally arises from the binding booking which was confirmed by TEST. Oral agreements do not exist. Amendments or modifications concerning the scope of the services shall require TEST’s confirmation in writing in order to be valid, unless there is proof that they were negotiated between the parties. TEST shall not be liable for services which the customer directly arranges with the accommodation providers.
4.1 The prices agreed and calculated by TEST with the client are final prices and are subject to taxation of travel services according to § 25 UStG. Changes in the VAT law, especially changes in the tax rate, legal requirements for the basis of assessment, tax liability, tax exemption or taxability, entitle TEST, taking into account mutual interests, to adjust prices accordingly.
4.2 In principle, the customer can pay the prices invoiced by TEST either on account, by credit card or direct debit. The terms of payment, unless otherwise specified, shall only apply to customers from Germany. TEST reserves the right to rule out individual methods of payment for certain offers or customers and to refuse foreign currency, checks and credit cards. These terms of payment and conditions are listed and explained with every booking request.
4.3 If payment is made using a credit card or direct debit, the account shall be debited on the next possible date following the acceptance of the customer offer by TEST. Credit card payments are carried out either in the case of online reservation, for example, via a secured system (SSL encryption) or via email or tax request from TEST. The customer makes his/her credit card details available via this secure system only. In the case of credit card billing via email or fax, sending of credit card details shall be conducted at the sole risk of the customer.
4.4 Direct Debit payments are carried out via an electronic debiting process. The customer authorizes his/her bank to debit the amount from his/her account. If the debiting is not carried out by the bank, TEST shall impose a fine of 15, 00 EUR for the incurred costs. TEST does not accept any partial payments.
4.5 In the event of payment on account, the following applies: The binding overall payment and/or partial payment which TEST confirmed with the booking shall be paid by the customer within the prescribed time period. The respective amount, unless otherwise agreed, is payable to TEST within 14 days upon receiving the invoice. The set time period shall be deemed observed if the invoice amount is received by TEST no later than on the day the time period prescribed expires. After the requested services have been rendered, TEST shall prepare a final invoice. The preparation of a final invoice does not release the customer from paying any individual invoices in due time.
4.6. TEST has the right to withdraw from the contract following the unsuccessful expiry of the time period and in addition demand compensation if the customer defaults on a partial payment agreement or on any another agreed payment obligation following a prior request for payment of a set time period of at least 14 days and a withdrawal/notice of refusal. In this case, the compensation is measured according to the usually saved expenditures and the usually possible profit resulting from any alternative utilization of the booked services. Unless otherwise agreed, in the event of an express withdrawal, the lump-sum compensation amount is 15 % of the total price up to 12 months prior to arrival; 20 % of the total price up to 06 months prior to arrival and 25 % of the total price up to 03 months prior to arrival; and afterwards 100 % of the total price. TEST may claim higher damages than agreed in the lump-sum compensation amount if TEST provides proof thereof. The customer can claim lower damages than agreed in the lump-sum compensation amount provided he/she provides proof thereof. Further, the customer is entitled to proof that no damage was caused.
5.1 In the event of an increase in the accommodation costs by the accommodation provider, TEST reserves the right to adjust the agreed prices quoted and confirmed in the booking to the extent in which the increase of the accommodation costs have an effect on the booked room contingent, provided such increase takes place after at least six weeks after the contract was concluded and TEST cannot be held responsible for such increase.
5.2 In the event of a subsequent amendment of the prices or an amendment of a significant service, the customer shall be immediately notified thereof as soon as TEST becomes aware of it. Increases in prices of more than 10 % per calendar year or in the event of a major change of a significant service, the customer is entitled to withdraw from the contract without any further costs or demand accommodation in an equivalent hotel, provided TEST is able to offer from its range of accommodation providers such a hotel without any additional costs to the customer. Upon the declaration by TEST regarding the prices and/or change of services, the customer shall assert his/her rights in writing against TEST without undue delay.
6.1 The customer may cancel the contract up to the start of the Booking Period (day of arrival).
6.2 Each cancellation, each withdrawal and, each notice of termination shall be in writing vis-à-vis TEST.
6.3. If the customer cancels the contract of accommodation, TEST is entitled to demand a lump-sum cancellation fee as an appropriate compensation for the booking made and the associated expenditures. The amount of the lump-sum cancellation fee is measured according to the usually saved expenditures as well as the usually possible profit resulting from any other utilization of the booked services. Unless otherwise agreed, the amount of the lump-sum cancellation fee in the event of cancellation is:
- Up to 12 months prior to arrival 15 % of the total price,
- Up to 06 months prior to arrival 20 % of the total price,
- Up to 03 months prior to arrival 25 % of the total price,
- Afterwards 100 % of the total price.
TEST may claim higher damages than agreed in the lump-sum cancellation amount, if TEST provides proof thereof. The customer can claim lower damages than agreed in the lump-sum cancellation amount provided he/she provides proof thereof. Further, the customer is entitled to proof that no damage was caused.
6.4 Prior to the arrival of the customer for the booking period, TEST can withdraw from the contract of accommodation without any damages and without observing a notice period if the agreed service is made impossible by the fact that the accommodation provider with whom TEST arranged the booking for the customer has ceased its business operations due to cases of force majeure (fire, natural catastrophe, strike etc.) or if the accommodation provider for reasons beyond TEST’s control is no longer able or willing to provide the agreed services. For such cases, TEST reserves the right to offer accommodation in an equivalent hotel, provided TEST is able to offer from its range of accommodation providers such a hotel without any additional costs to the customer.
6.5 TEST and the customer’s right to an extraordinary notice of termination of the booking contract with immediate effect on the basis of justified reasons within the meaning of § 543 BGB remains unaffected.
6.6 Justified reasons for an extraordinary notice of termination with immediate effect are considered to be only those which are directly caused by the contracting parties and/or which, from a personal and an objective point of view, are considered to be of such serious nature that the terminating party cannot be expected to observe or continue the contract, taking into consideration all circumstances and considering all reciprocal interests. The general principles set out by the law and jurisdiction shall apply. Reasons based on risk, business and operational circumstances of a party alone, in particular personal or business hindrances as well as the impossibility to arrive to the hotel (even if the impossibility to arrive is caused by force majeure) do not justify an extraordinary notice of termination.
7.1. TEST is not liable towards the customer for bad, defective or non-performance on the part of the hotel enterprise. In the event of a premature departure of the customer or beneficiaries of his/her booking, the customer shall be held liable vis-à- vis TEST for all damages resulting from it, provided TEST cannot be held responsible for the premature departure. The special conditions granted to the customer (for example discount) shall cease to be valid.
7.2. If TEST with draws from the Accommodation Agreement under Item 5.4. and if TEST can offer no adequate hotel enterprise or if the customer cancels the Agreement for good cause without notice under Item 5.5., then all payments made up to that point will be repaid by TEST to the customer. Liability on the part of TEST for all further damages incurred by the customer is excluded.
7.3. In the event TEST withdraws from the contract of accommodation pursuant to clause 6.4 of the General Terms and Conditions and TEST cannot offer an adequate accommodation provider or if the customer terminates the contract with immediate effect due to a justified reason in accordance with clause 6.5 of the General Terms and Conditions, TEST shall refund the customer all the payments made hitherto.
7.4 Claims for damages asserted by the customer vis-à-vis TEST are excluded unless hereinafter otherwise agreed. This exclusion of liability also applies to legal representatives and vicarious agents of TEST if the customer asserts any claims against them. Claims for damages on the grounds of injury to life, body, health resulting from the violation of essential contractual obligations (cardinal obligations) are excluded from this exclusion of liability. Essential contractual obligations are deemed to be those obligations which are indispensable to achieve the objective of the contract. The exclusion of liability shall also not apply for the liability of damages based on the intentional or grossly negligent breach of duty on the part of TEST, its legal representatives, or vicarious agents.
7.5 If the customer in breach of his/her duty stipulated under clause 3.2 of the General Terms and Conditions fails to send TEST a list of names with all the hotel guests no later than two weeks prior to the commencement of the booking period and such failure results in non-occupation or unnecessary utilization of hotel beds on the part of the accommodation provider, TEST shall not be liable vis-à-vis the customer. The agreed payment obligation of the customer vis-à-vis TEST shall remain unaffected.
7.6 The customer shall immediately inform TEST of any complaints or other objections concerning the accommodation provider. TEST shall examine these complaints and if justified, TEST shall try to offer assistance or grant a payment discount. This endeavor has no influence on the customer’s payment’s obligation and its maturity vis-à-vis TEST.
7.7 In any case and at any time, the person entitled to compensation shall actively try to obtain a reduction of damages within the meaning of § 254 BGB (German Civil Code). In any case of cancellation/withdrawal or notice of termination, TEST shall try to sell on the rooms reserved.
8.1. The invalidity of individual provisions of the contract of accommodation and/or the terms of the contract shall not result in the invalidity of the entire contract of accommodation. In such a case, the parties shall find a supplementary and valid individual agreement which legally and economically comes closest to the invalid provision.
8.2. The place of jurisdiction for all disputes arising from the contract of accommodation with merchants, legal persons under public law or special fund under public law is for TEST Berlin GmbH & Co. KG Berlin and for TEST GmbH & Co. KG Dusseldorf. It is agreed that the contract shall be governed by German law.
8.3 Both the Terms and Conditions and the contract of accommodation are governed by German law only. Only the version in the German language shall be binding; the English version serves for informational purposes only.
