+49 (0)2435 980 157 0
General Terms & Conditions of biela FAIR SERVICE GmbH (hereinafter referred to as “biela FAIR SERVICE”),
Zum Königsberg 89a, 41812 Erkelenz, Germany
1. Contractual relationship with biela FAIR SERVICE
Between the client and biela FAIR SERVICE does only come into existence an intervention contract. biela FAIR SERVICE does not offer any travel services on one´s own responsibility.
biela FAIR SERVICE occurs not as a tour operator, but merely as an intermediary. The only task of biela FAIR SERVICE is the intervention of services.
The hospitality contract/transport contract or other types of contracts, which biela FAIR SERVICE mediate to the client, does only come about between the accommodation provider, transportation provider or other provider and the client.
2. Contents of contract
biela FAIR SERVICE mediate to the client an accommodation agreement of a service/business nature tended at providing accommodation and/or board and attendant additional services. The services provided in the contract will be reserved and/or booked at accommodation providers by biela FAIR SERVICE in it´s own name and for own account on behalf of the customer.
The same holds true for the intervention agreement for other services.
The customer's contractual partner is the accommodation provider or the respective service provider, whose services are given to the customer by biela FAIR SERVICE.
The fulfillment of the contractually agreed services depends on the full payment which is contracted. Only if the booking is completely secured by payment, biela FAIR SERVICE is committed to agree on a mandatory booking at the respective accommodation provider or service provider.
The billing of payment for the performances performed by biela FAIR SERVICE in the context of the initiation, conclusion and performance arising from such bookings/reservations on behalf of the client shall be effected exclusively by and through biela FAIR SERVICE.
The extent of services to be effected under the agreement implies basically from the binding and from biela FAIR SERVICE confirmed booking. Alterations and subsidiary agreements concerning the extent of services require the confirmation by writing of biela FAIR SERVICE.
Since biela FAIR SERVICE acts only as a mediator of services and the client concludes the contract directly with the accommodation provider or service provider, biela FAIR SERVICE shall not be liable. For the services, the customer and the provider shall be liable by themselves.
Deviations or alterations which effect the stipulated subject matter of contract are allowable, if biela FAIR SERVICE has not acted in bad faith. Deviations or alterations are allowable as far as the deviations or alterations are not considerable and do not affect the booked services in its unity and if they should become indispensable after conclusion of the contract. biela FAIR SERVICE reserves the right to offer another equivalent or high-ordered hotel instead of the booked hotel or another equivalent or high-ordered service instead of the booked service. The customer accepts this as contractual performance.
If the altered services should be deficient, potential warranty claims shall remain unaffected.
In case of a service deviation or alteration, biela FAIR SERVICE will inform the client without any delay.
The client is competent to rescind from the agreement costless in case of a significant alteration to an essential performance. Or the client can demand the accommodation in a at the minimum equal accommodation or the service at the minimum equal quality, if biela FAIR SERVICE has the ability to offer such a hotel or service from its variety of proposals and there are no ancillary costs for the client.
The client has to allege his rights after the explanation from biela FAIR SERVICE concerning the alterations without any delay.
The client and/or guest is committed to incur the rooms or service booked/reserved by biela FAIR SERVICE with the accommodation suppliers or the service providers individually and on their own behalf at the point in time/time period for which the rooms or services are booked and to pay biela FAIR SERVICE the payment agreed with biela FAIR SERVICE for this purpose.
3. Prices, terms of payment, default
The prices charged by biela FAIR SERVICE and contractually agreed between biela FAIR SERVICE and the client are final prices including value added tax and solely have reference to the services contractually agreed. The reward due to biela FAIR SERVICE for fringe benefits (for example board, etc.) has to be charged separately. Unless a separate written agreement with the client has been made, the value added tax includes in the final price shall be listed separately. biela FAIR SERVICE is justified to adapt the final price, if the value added tax rate change. The intermediate payments specified in the by biela FAIR SERVICE confirmed and binding booking have to be paid by the client at the agreed date. The deadline is only maintained if biela FAIR SERVICE receives the invoiced and agreed amount on the expiry date of the deadline at the latest. Every booking requires valid credit card data. If the amount will be paid by invoice the credit card data will only be used as guarantee. It is allowable to inform the booked accommodation supplier or service provider about the credit card data for guarantee. biela FAIR SERVICE reserves the right to refuse the payment by credit card in particular cases.
The client will get an invoice after accomplishment of the agreement. A deposit is due immediately.
If the customer is in arrears with intermediate payments or any other payment commitment, biela FAIR SERVICE is entitled, after prior request for payment with a deadline, to refuse the payment after expiration of the deadline, to rescind the agreement and to demand damages or to charge individual accruing cancellation fee.
The amount of damages is 25% of the total amount at least, 45% of the total amount from the 365th day prior to arrival date or day of commencement of service and 100% of the total amount from the 90th day prior to arrival date or day of commencement of service. biela FAIR SERVICE is entitled to substantiate that a higher damage than the liquidated damages has occurred and is entitled to claim the actual amount. Does higher than above-mentioned costs arise through the default of the client, the amount of damages accounted from biela FAIR SERVICE towards the client increases about this difference. The customer has the right to substantiate that a lower damage than the liquidated damages has occurred.
4. Price changes
In the event of an increase of costs of accommodation or service effected by the accommodation supplier or service provider for whom biela FAIR SERVICE has confirmed the booking for the client, biela FAIR SERVICE is entitled to alter the prices agreed in the confirmed booking to the scope to which the increase of costs of accommodation or service affects the booked room allotment or service.
In the event of subsequent price change or alterations to a crucial service the customer shall be informed promptly of such change without delay as soon as it becomes known. In the event of an alleged alteration to a crucial service or price increases of more than 10% per calendar year, the client is entitled to require to stay in an accommodation in a at the minimum equal accommodation or to get the service at the minimum equal quality, if biela FAIR SERVICE has the ability to offer such accommodation or service from its range of proposals without any additional charge. Otherwise the client can withdraw from the contract free of charge. The client has to allege his rights in written form after the explanation from biela FAIR SERVICE regarding the price or service alterations without any delay.
The client could rescind from contract subject to the terms of cancellation provided in the respective offer.
Resignation costs have to be paid as well, if the client or accommodation guest do not use the prior contractual agreed service at the prior contractual agreed point in time and did not inform biela FAIR SERVICE about this case previously. Did the client or accommodation guest inform biela FAIR SERVICE prior the contractual agreed point in time about the non-occupation the terms of cancellation provided in the respective offer apply.
If the agreed service cannot be performed due to force majeure (strike, fire, weather events, etc) or for
reasons for which neither biela FAIR SERVICE nor the accommodation provider or service provider are responsible for, biela FAIR SERVICE may withdraw from the contract before or after the client´s arrival for the booked period or before or after the commencement of service without assuming any liability and without notice. In such cases biela FAIR SERVICE reserves the right to offer the customer an at the minimum equal accommodation or the service at the minimum equal quality if biela FAIR SERVICE has the ability to offer such accommodation or service from its range of proposals without any additional charge.
The customer and biela FAIR SERVICE reserve the right to exceptional cancellation of the contract for a compelling reason without notice.
Important reasons justifying an termination for cause without prior notice are only events which have been caused directly by the contractual parties and/or are of such serious personal or factual nature that, taking into consideration all instances and weighing all mutual interests, it is unreasonable to expect the party cancelling to follow or continue the agreement. Reasons solely residing in the business or company domain of a party, in particular commercial or personal prevention, do not justify an termination for cause. The general principles developed for this purpose by jurisdiction and by law shall apply accordingly.
6. Liability, claims, defects
If the client enters into an agency agreement with biela FAIR SERVICE on their own behalf and/or on behalf of third parties he has to commit biela FAIR SERVICE a list containing the names of all persons for whom the bookings/reservations made by biela FAIR SERVICE with the accommodation supplier or service provider shall be valid. The appointment of surrender of this list is individually contractually agreed. If the client commit the list not in time resulting in vacancies or incorrect allocations at the place of accommodation or the service provider, biela FAIR SERVICE shall not be liable towards the client. But the contractually agreed duty of payment of the client towards biela FAIR SERVICE remains unaffected.
biela FAIR SERVICE transmitted the namelist to the accommodation provider or service provider in the extent in which the client provides it. Does the accommodation provider or service provider made a mistake concerning the occupancy, biela FAIR SERVICE is not liable for failure, non-assignments, vacancies or incorrect allocations.
In addition the client pays and is liable for locally additional services which were contractually agreed and not contractually agreed and for damages caused by the client. The client confirms that an appropriate insurance for the client exists also in this context. When the hotel tries to claim debts towards biela FAIR SERVICE GmbH, the client declares towards the hotel, that the client is liable for these claims and debts fully.
biela FAIR SERVICE is liable for gross carelessness and resolution towards clients for itselfs. Liability on the basis of ordinary negligence is only given, when biela FAIR SERVICE transgress an essential contractual responsibility ("cardinal duty"). The liability is in this case confined to the contractually agreed total amount. Biela FAIR SERVICE ist not liable for gross carelessness and resolution accounted for by the accommodation provider or service provider.
Cardinal duties are such duties, which compliance the properly implementation of the contract only just allow. If these duties are transgressed, the attainment of the purpose of the contract is compromised.
The client may confide regularly in the adherence of these cardinal duties.
If the from the client booked room or service features any lacks, biela FAIR SERVICE shall try at the accommodation supplier or service provider for an allowance which is suitable. The client is only qualify for such an allowance, if the accommodation supplier or service provider or biela FAIR SERVICE concealed this lack guileful. If the accommodation supplier or service provider concealed this lack guileful towards biela FAIR SERVICE, biela FAIR SERVICE shall try at the accommodation supplier or service provider for an allowance which is suitable. The client does not have any claims for allowances towards biela FAIR SERVICE. Does the accommodation provider or service provider not agree to an allowance, biela FAIR SERVICE is liable not in the least.
biela FAIR SERVICE has to be informed about complaints or any claims which concerns the accommodation supplier or any other service provider provided by biela FAIR SERVICE within two weeks after determining of the prior contractual agreed services (two weeks from beginning of day of departure). This has to be effected by writing.
Does the accommodation provider or the service provider, where biela FAIR SERVICE booked for the client, become insolvent before service provision, the client could ask back the already paid sum of money. Is the paid money already forwarded to the accommodation provider or service provider, the client could only ask for the paid sum at the accommodation provider or service provider. The client could ask biela FAIR SERVICE only for this level of the amount, that biela FAIR SERVICE does not incur any damage. biela FAIR SERVICE is expressly declaring not liable for insolvency of the accommodation provider or service provider, since biela FAIR SERVICE occurs merely as an intermediary. The same applies to payments which the client shall receive from the accommodation provider or the service provider or from biela FAIR SERVICE. The client could ask biela FAIR SERVICE only for this level of the amount, that biela FAIR SERVICE does not incur any damage. Does the accommodation provider or the service provider has to refund a prepayment from the client or from biela FAIR SERVICE after or before service provision and does not meet this obligation then the client could ask biela FAIR SERVICE only for this level of the amount, that biela FAIR SERVICE does not incur any damage. biela FAIR SERVICE is expressly declaring not liable for non-repaying of the accommodation provider or service provider, since biela FAIR SERVICE occurs merely as an intermediary.
7. Salvatorius clause, place of delivery, place of jurisdication
If individual regulations of the intervention contract or the intervention agreement for another service or parts of it are ineffective, the validity of the remaining regulations of the intervention contract or intervention agreement for another service shall not be affected. The same applies to the present terms and conditions.
Only german legislation applies to the contractual relationship between the client and biela FAIR SERVICE. The same applies to the total legal relationship.
Place of jurisdication is Dusseldorf
Effective: November 2011