Summary of the terms of service:
- §5 Withdrawal from the contract
- The conclusion of this hosting contract is binding for both parties. The hosting company does not grant the right to withdraw from it without the guest being charged for that.
- Should the guest claim a withdrawal nonetheless, he is obliged to pay the amount that the parties of this contract have agreed on, regardless at what time and for what reason the claim is raised. Despite his obligation to pay, the hosting company has to subtract expenses that could be safed due to the withdrawal. If it is possible for him to make such savings, he is also obliged to do so in the best interest of his contract partner.
- The percentages of saved expenses are over-simplified as follows:Withdrawal takes place until 30 days in advance of the booked arrival date: 50 percent of the booking price.
Withdrawal takes place until 14 days in advance of the booked arrival date: 75 percent of the booking price.
After that and in case the guest should not appear on the arrival day: 100 percent of the booking price.
- The hosting company needs to do his best to find a replacement booking, following utmost good faith. All wins out of such a replacement booking will be subtracted from the punitive damage name above, that the guest will need to pay.
- It is allowed to the guest to proove that the housing company did not suffer from a loss or that the actual loss has been lower than the payment he has to complete.
- The withdrawal needs to be addressed to the hosting company and should be in written form.
- The hosting company strongly recommends to agree on a contract with an insurance company that will cover the costs of withdrawal.
- There is no right to cancel the agreement foreseen.
- Nonewithstanding, both parties of the contract may agree on the termination of the contract, based on sections 543 and 569 BGB. In this case they need to refer to a an important reason.
- Generally speaking, such a reason is fulfilled for the hosting company especially, if the guest breaches the rules of this contract or disobeys the housing rules. In case of a major breach of contract, the hosting company needs to set up a time limit for the guest to give him the opportunity to take remedial action. A time limit is not needed, if it is clear that it will not be successful. In this case, the hosting company can claim a financial compensation (§ 5 paragraphs 2 and 3).
- In addition to that, the hosting company may withdraw from the contract or cancel it, if the guest should not tranfer due payments in time, despite having received a notice in advance. In this case, the hosting company can claim a financial compensation (§ 5 paragraphs 2 and 3).
- A major reason for the cancellation by the guest would especially be for the hosting company not to grant him access to his accomodation in the way that has been agreed on.
- If the guest cancels the contract, this will be valid for all persons accompanying him on his travel.
- Additionally, all sections in the BGB, concerning cancellation are valid in this contract as well.