Terms and Conditions
Terms and Conditions of the Prümer Land Tourist Information Office
Terms and Conditions of the Prümer Land Tourist Information Office
Dear Guest,
We ask that you carefully read the following terms and conditions for package tours. These terms and conditions, to the extent they are validly agreed upon, form part of the package tour contract concluded between the customer or traveler—hereinafter referred to as the “Traveler”—and Tourist-Information Prümer Land, hereinafter abbreviated as “TI.” They supplement and expand upon the statutory provisions of Sections 651a–y of the German Civil Code (BGB) and Articles 250 and 252 of the Introductory Act to the German Civil Code (EGBGB). These Terms and Conditions apply exclusively to package tours offered by TI. They do not apply to the arrangement of third-party services (such as guided tours and admission tickets) nor to contracts for accommodation services or the arrangement thereof.
1. Conclusion of the Contract; Obligations of the Traveler; Notice Regarding the Absence of Certain Rights of Withdrawal
1.1 By making a booking (travel registration), which may be done verbally, by telephone, in writing, by fax, or by email, the traveler makes a binding offer to TI to conclude a travel contract. The basis of this offer is the travel itinerary and the supplementary information provided by TI for the respective trip, insofar as this information is made available to the traveler for review at the time of booking.
1.2 The travel contract is concluded upon receipt of the travel confirmation (declaration of acceptance) from TI. Upon or immediately after the conclusion of the contract, TI shall provide the traveler with a travel confirmation in accordance with legal requirements on a durable medium (which enables the traveler to retain or store the confirmation unchanged in such a way that it remains accessible to them for a reasonable period of time, e.g., on paper or via email), unless the traveler is entitled to a travel confirmation in paper form pursuant to Art. 250 § 6 (1) sentence 2 EGBGB because the contract was concluded in the simultaneous physical presence of both parties or outside of business premises.
1.3 To the extent that TI offers the option of a binding booking via electronic contract conclusion through an internet platform, the following applies to this contract conclusion:
a) The online booking process is explained to the traveler through corresponding instructions. The contract is available exclusively in German.
b) The traveler may, at any time, correct or delete individual details or reset the entire online booking form using a correction option explained to them during the booking process.
c) After the traveler has completed the selection of desired travel services and entered their personal data, all data—including all essential information regarding prices, services, booked additional services, and any travel insurance booked—will be displayed. The traveler has the option to cancel the entire booking or start over.
d) By clicking the “Book with payment” button, the traveler makes a binding offer to TI to conclude the package tour contract. Clicking this button therefore results in the conclusion of a travel contract subject to payment upon receipt of a booking confirmation from TI. Making the online booking and clicking the “Book with payment obligation” button does not establish any right on the part of the traveler to the formation of a travel contract. TI is free to accept or reject the traveler’s offer to enter into a contract (the booking).
e) If a booking confirmation is not issued in real time, TI will immediately confirm receipt of the booking to the traveler electronically. This acknowledgment of receipt does not constitute a booking confirmation and does not establish a right to the conclusion of a travel contract in accordance with the traveler’s booking request.
f) The travel contract is concluded upon the traveler’s receipt of the booking confirmation, which TI sends to the traveler in the form specified in the booking process via email, fax, or mail.
1.4 If TI’s booking confirmation differs from the traveler’s booking, this constitutes a new offer from TI, to which the traveler is bound for 7 days from the date of the booking confirmation. The contract is concluded on the basis of this amended offer, provided the traveler accepts this offer by means of an express declaration, a down payment, or the final payment. The same applies if TI has submitted a written offer to the traveler for a package tour.
1.5 The pre-contractual information provided by TI regarding the essential characteristics of the travel services, the travel price and all additional costs, the payment terms, the minimum number of participants, and the cancellation fees (pursuant to Article 250 § 3, items 1, 3 through 5, and 7 of the EGBGB) shall not become part of the package travel contract unless this is expressly agreed upon by the parties.
1.6 TI notes that, in accordance with statutory provisions (Section 312(7) of the German Civil Code (BGB)), for package travel contracts under Sections 651a and 651c BGB that are concluded via distance selling (letters, catalogs, telephone calls, faxes, e-mails, messages sent via mobile phone services (SMS), as well as radio, telemedia, and online services), there is no right of withdrawal, but only the statutory rights of rescission and termination, in particular the right of rescission pursuant to § 651h BGB (see also Section 8). However, a right of withdrawal does exist if the contract for travel services was concluded outside of business premises pursuant to § 651a BGB, unless the oral negotiations on which the conclusion of the contract is based were conducted at the consumer’s prior request; in the latter case, there is likewise no right of withdrawal.
2. Services
2.1 The services owed by TI are derived exclusively from the content of the booking confirmation in conjunction with the underlying description of the respective package offer and in accordance with all information and explanations contained in the booking documentation.
2.2 Travel agents and service providers, in particular accommodation providers, are not authorized by TI to make representations or enter into agreements that go beyond the travel advertisement or the booking confirmation, or that contradict them, or that alter the confirmed content of the travel contract.
2.3 Information in hotel guides, brochures, and similar directories, particularly in the accommodation providers’ own brochures, that are not published by TI, is not binding on TI or its obligation to provide services, unless it has been expressly agreed with the guest to form part of the accommodation provider’s obligation to provide services.
3. Deposit/Final Payment
3.1 TI and travel agents may only demand or accept payments toward the travel price prior to the conclusion of the package tour if a valid customer funds protection agreement exists and the traveler has been provided with the security certificate, clearly, comprehensibly, and prominently displaying the name and contact details of the insurer. After the contract is concluded (receipt of the booking confirmation) and after the security certificate has been provided, a deposit must be paid, which will be credited toward the tour price. Unless otherwise agreed in individual cases and noted in the booking confirmation, this deposit amounts to 20% of the tour price.
3.2 The balance is due 3 weeks before the start of the trip, unless a different payment date has been agreed upon in individual cases, the security certificate has been provided, and it is certain that the trip can no longer be canceled for the reasons specified in Section 8 of these Terms and Conditions. For bookings made less than 3 weeks before the start of the trip, the entire travel price is due immediately.
3.3 Notwithstanding the provisions in Sections 3.1 and 3.2, the obligation to provide a security certificate does not apply if the contractual services do not include transportation to and from the vacation destination and it has been agreed and noted in the booking confirmation that the entire travel price is to be paid on site only after the end of the trip (completion of the package tour).
3.4 Insofar as the traveler has no contractual or statutory right of withdrawal and TI is willing and able to provide the contractual services, the following applies:
a) If the traveler fails to make a down payment or final payment, or fails to make such payments in full by the agreed dates when the conditions for due date have been met, TI is entitled, after issuing a reminder with a set deadline and upon expiration of that deadline, to withdraw from the package tour contract and to charge the traveler cancellation fees in accordance with Section 4 of these Terms and Conditions. TI shall not be entitled to these rights if the traveler is not at fault for the delay in payment.
b) Without full payment of the travel price, the traveler has no claim to the use of the travel services or the handover of the travel documents.
4. Cancellation by the Traveler, Rebooking
4.1 The traveler may cancel the package tour contract at any time prior to the start of the trip. The cancellation must be notified to TI at the address provided below. If the trip was booked through a travel agent, the cancellation may also be notified to the agent. It is recommended to declare the cancellation in writing to avoid misunderstandings. The effective date is the receipt of the cancellation notice by TI or the travel agent.
4.2 If the traveler cancels before the start of the trip or fails to depart, TI forfeits the right to the travel price. Instead, TI may demand reasonable compensation, provided that TI is not responsible for the cancellation. TI may not demand compensation if unavoidable, extraordinary circumstances arise at the destination or in its immediate vicinity that significantly impair the performance of the package tour or the transportation of persons to the destination; Circumstances are unavoidable and extraordinary if they are beyond the control of the party invoking them and their consequences could not have been avoided even if all reasonable precautions had been taken.
4.3 The amount of compensation is determined based on the travel price, less the value of expenses saved by TI, and less any proceeds TI obtains from the alternative use of the travel services, which the tour operator must justify at the traveler’s request. TI determines the flat-rate compensation amounts by taking into account the period between the notice of cancellation and the start of the trip, as well as the expected savings on expenses and the expected revenue from the alternative use of the travel services. Compensation is calculated based on the date of receipt of the notice of cancellation. The applicable flat-rate compensation amounts are specified in the offer and in the travel confirmation. If no flat-rate compensation amounts are specified in the offer and in the travel confirmation, compensation is calculated based on the date of receipt of the notice of cancellation using the following cancellation schedule:
up to the 31st day before the start of the trip: 10% of the trip price
; from the 30th to the 21st day before the start of the trip: 20% of the travel price
from the 20th to the 12th day before the start of the trip: 30% of the travel price
from the 11th to the 3rd day before the start of the trip: 70% of the travel price
from the 3rd day before the start of the trip and in case of no-show: 90% of the tour price
4.4 We strongly recommend purchasing travel cancellation insurance as well as insurance to cover repatriation costs in the event of an accident or illness.
4.5 The traveler reserves the right to prove to TI that TI has incurred no loss or a significantly lower loss than the flat rates specified above. In this case, the traveler is only obligated to pay the lower amount.
4.6 A lump-sum compensation under Section 4.3 shall be deemed not to have been established or agreed upon if TI proves that TI incurred significantly higher expenses than the calculated amount of the lump sum under Section 4.3. In this case, TI is obligated to specifically quantify and justify the compensation demanded, taking into account the expenses saved and the potential alternative use of the travel services.
4.7 If, at the traveler’s request after the contract is concluded, changes are made regarding the travel dates, accommodation, type of meals, or other services (rebookings), TI may, without the traveler having a legal right to the rebooking and only to the extent that this is at all possible, charge a rebooking fee of €(…) up to the 32nd day before the start of the trip. Any higher travel costs resulting from the rebooking must be paid additionally by the traveler. If the rebooking results in lower travel costs, this will be taken into account accordingly in favor of the traveler. Later rebookings are only possible by canceling the travel contract and making a new booking in accordance with the above cancellation conditions. This does not apply to rebooking requests that incur only minor costs or if the rebooking is necessary because TI provided the traveler with no, insufficient, or incorrect pre-contractual information pursuant to Art. 250 § 3 EGBGB.
4.8 If TI is obligated to refund the travel price as a result of a cancellation, §651h(5) BGB remains unaffected.
4.9 The traveler’s statutory right, pursuant to § 651e BGB, to demand that TI, by notification on a durable medium, allow a third party to assume the rights and obligations under the package travel contract in the traveler’s place remains unaffected by the foregoing terms and conditions. Such a declaration is in any case timely if it is received by TI 7 days prior to the start of the trip.
5. Obligations of the Traveler (Notice of Defects, Termination)
5.1 The traveler is obligated to immediately notify TI of any defects that may arise and to demand that they be remedied. The traveler’s claims are not forfeited only if the traveler fails to provide the required notice through no fault of their own. However, the traveler may also bring the notice of defects to the attention of the travel agent through whom the trip was booked. A notice of defects to the service provider, in particular the accommodation provider, is not sufficient.
5.2 If the trip is significantly impaired as a result of a travel defect, or if the traveler cannot reasonably be expected to continue the trip due to such a defect for a compelling reason recognizable to TI, the traveler may terminate the travel contract in accordance with the statutory provisions (§ 651l BGB). If a traveler wishes to terminate the package tour contract pursuant to § 651l BGB due to a travel defect of the type described in § 651i (2) BGB, provided it is significant, the traveler must first set the tour operator a reasonable deadline to remedy the defect. This does not apply only if the tour operator refuses to remedy the situation or if immediate remedial action is necessary.
5.3 The traveler must assert claims against TI under § 651i (3) nos. 2, 4–7 BGB for non-contractual performance of travel services at the address provided below. The claim may also be asserted through the travel agent if the trip was booked through that travel agent. The contractual claims listed in § 651i (3) BGB are subject to a two-year statute of limitations. The limitation period begins on the day the trip was scheduled to end under the contract. It is strongly recommended that the claim be asserted in writing.
6. Special Obligations of the Traveler for Package Tours Including Medical Services, Spa Treatments, and Wellness Offers
6.1 For package tours that include medical services, spa treatments, wellness offerings, or comparable services, it is the traveler’s responsibility to inform themselves prior to booking, prior to departure, and prior to utilizing the services as to whether the relevant treatment or services are suitable for them, taking into account their personal health condition, in particular any pre-existing ailments or illnesses.
6.2 Unless expressly agreed, TI is under no obligation in this regard to provide any specific medical information or advice—particularly tailored to the individual traveler—regarding the consequences, risks, and side effects of such services
. 6.3 The foregoing provisions apply regardless of whether TI acts solely as an intermediary for such services or whether they form part of the travel services.
7. Limitation of Liability
7.1 TI’s contractual liability for damages that do not result from a breach of a material obligation—the fulfillment of which is essential for the proper performance of the contract or the breach of which jeopardizes the achievement of the contract’s purpose—or from injury to life, limb, or health, and which were not caused by fault, is limited to three times the travel price,
7.2 TI shall not be liable for information or disruptions in services, or for personal injury or property damage in connection with services that are merely arranged as third-party services (e.g., arranged excursions, sporting events, theater visits, exhibitions), provided that these services were expressly identified as third-party services in the respective service description and booking confirmation—including the identity and address of the contracted third party—in such a clear manner that it is evident to the traveler they are not part of the package tour provided by TI, and provided that the requirements of Sections 651b, 651c, 651w, and 651y of the German Civil Code (BGB) have been duly met.
7.3 To the extent that services such as medical services, therapeutic services, massages, or other therapeutic treatments or services are not part of TI’s package offer and are merely arranged by TI in addition to the booked package pursuant to Section 7.2, TI shall not be liable for the provision of such services or for personal injury or property damage. To the extent that such services are part of the travel services, TI shall not be liable for the success of any treatment or cure.
8. Unused Services
If the traveler fails toutilize individual travel services—which TI was willing and able to provide in accordance with the contract—for reasons attributable to the traveler, the traveler shall have no claim to a pro-rata refund. However, TI will endeavor to obtain a refund from the service provider—provided the amounts involved are not entirely insignificant—and will reimburse the traveler for such amounts as soon as and to the extent that they have actually been refunded to TI by the individual service providers.
9. Special Provisions Regarding Pandemics (in Particular the Coronavirus)
9.1 The parties agree that the agreed-upon travel services will always be provided by the respective service providers in compliance with and in accordance with the official guidelines and requirements in effect at the time of travel.
10. Information on Alternative Dispute Resolution Mechanisms; Choice of Law and Jurisdiction Agreement
10.1 The traveler agrees to observe any reasonable usage rules or restrictions imposed by the service providers when utilizing travel services and to immediately notify the tour guide and the service provider in the event of typical symptoms of illness.
10.2 The above provisions do not affect the traveler’s rights under Section 651i of the German Civil Code (BGB).
10 Information on alternative dispute resolution mechanisms; Choice of Law and Jurisdiction Agreement
10.1. With regard to the Consumer Dispute Resolution Act, TI notes that TI does not participate in voluntary consumer dispute resolution. If and to the extent that consumer dispute resolution becomes mandatory for TI in the future, TI will inform the affected consumers accordingly in an appropriate manner.
10.2. For travelers who are not nationals of a Member State of the European Union or Swiss citizens, it is agreed that German law shall apply exclusively to the entire legal and contractual relationship between the traveler and TI. Such travelers may sue TI exclusively at its registered office.
10.3. For actions brought by TI against travelers or contractual partners of the package tour contract who are merchants, legal entities under public or private law, or persons whose domicile or habitual residence is abroad, or whose domicile or habitual residence is unknown at the time the action is filed, the place of jurisdiction shall be the registered office of TI.
© Copyright protected; TourLaw - Noll | Hütten | Dukic Attorneys at Law, Munich | Stuttgart 2025
Date of this version: June 2025
Organizer:
Tourist-Information Prümer Land, Hahnplatz 1, 54595 Prüm
Phone: +49 6551 505
Email: ti@pruem.de Website: www.ferienregion-pruem.de
The Prümer Land Tourist Information Office, hereinafter referred to as “TI PRÜMER LAND,” arranges accommodations with hosts and private landlords (hotels, inns, guesthouses, private rooms, and vacation apartments), hereinafter collectively referred to as “hosts,” in the Prümer Land vacation region in accordance with the current availability. The following terms and conditions, to the extent they are validly agreed upon, form part of the accommodation contract concluded between the guest and the host upon booking and, in addition to the statutory provisions, govern the contractual relationship between the guest and the host as well as the brokerage activities of TI PRÜMER LAND. Please therefore read these terms and conditions carefully.
1. Role of TI PRÜMER LAND; Scope of these Accommodation Terms and Conditions
1.1. The following applies to all contracts:
a) TI PRÜMER LAND is the operator of the respective websites or the publisher of corresponding host directories, catalogs, flyers, or other print media and online platforms, provided it is expressly designated as the publisher/operator therein.
b) To the extent that TI PRÜMER LAND arranges additional services provided by the host (accommodation, meals, and the host’s own ancillary services) that do not constitute a significant portion of the total value of the host’s services and neither represent an essential feature of the host’s or TI PRÜMER LAND’s own service package nor are advertised as such, TI PRÜMER LAND acts solely as an intermediary.
c) As an intermediary, TI PRÜMER LAND acts as an intermediary or provider of linked travel arrangements, provided that the conditions for an offer of linked travel arrangements by TI PRÜMER LAND are met in accordance with the statutory provisions of § 651w BGB.
d) Notwithstanding TI PRÜMER LAND’s obligations as a provider of linked travel arrangements (in particular, the provision of the legally required form and the implementation of customer funds protection in the event of collection activities by TI PRÜMER LAND) and the legal consequences of non-fulfillment of these legal obligations, TI PRÜMER LAND is neither a tour operator nor a contracting party to the accommodation contract concluded upon booking if the conditions under b) or c) are met. TI PRÜMER LAND is therefore not liable for the host’s information regarding prices and services, for the provision of services itself, or for any defects in service.
1.2. These Terms and Conditions of Accommodation apply, to the extent validly agreed, to all accommodation contracts where the basis for booking is the host directory published by TI PRÜMER LAND, or for bookings made on the basis of the corresponding offers on the Internet.
1.3. Hosts reserve the right to agree with the guest, on a case-by-case basis, on different terms and conditions of accommodation or on provisions that deviate from or supplement the following terms and conditions of accommodation.
2. Conclusion of the Contract, Travel Agents, Information in Hotel Guides; Notice Regarding the Absence of Certain Rights of Withdrawal
2.1. Upon booking, the guest makes a binding offer to the host to conclude the accommodation contract, where applicable following prior non-binding information from the host regarding their accommodations and their current availability. This offer is based on the description of the accommodation and the supplementary information in the booking documentation (e.g., location description, classification details), to the extent that this information is available to the guest at the time of booking.
2.2. The guest’s booking may be made through any of the booking channels offered by the host, i.e., verbally, in writing, by telephone, by fax, or by email.
2.3. The contract is concluded upon receipt of the declaration of acceptance (booking confirmation) from the host or from TI PRÜMER LAND as the host’s representative. The declaration of acceptance does not require a specific form, meaning that verbal and telephone confirmations are also legally binding for the guest and the host.
2.4. In accordance with legal obligations, the guest is advised that, pursuant to statutory provisions (§ 312g(2) sentence 1 no. 9 BGB), no right of withdrawal applies to accommodation contracts concluded via distance selling (letters, catalogs, phone calls, emails, messages sent via mobile phone services (SMS), or similar) or outside of business premises, there is no right of withdrawal; rather, only the statutory provisions regarding the non-use of rental services (§ 537 BGB) apply (see also Section 6 of these Terms and Conditions of Accommodation).
2.5. As a rule, the host will provide the guest with a written copy of the booking confirmation for verbal or telephone bookings. However, the legal validity of the accommodation contract for such bookings does not depend on the receipt of the written copy of the booking confirmation.
2.6. To the extent that the host, or TI PRÜMER LAND as its agent, offers the option of a binding booking and arrangement of accommodation through the conclusion of an electronic contract via an internet platform, the following applies to this conclusion of contract:
a) The online booking process is explained to the customer through corresponding instructions. The contract language is exclusively German.
b) The customer may, at any time, correct or delete individual details or reset the entire online booking form using a correction option explained to them during the booking process.
c) After the customer has completed the selection of the desired accommodation services and entered their personal data, all data—including all essential information regarding prices, services, booked additional services, and any travel insurance booked—will be displayed. The customer has the option to cancel the entire booking or start over.
d) By clicking the “Book with Payment” button, the customer makes a binding offer to the host to conclude the accommodation contract. Clicking this button therefore results in the conclusion of a binding accommodation contract subject to payment upon receipt of a booking confirmation from the host or TI PRÜMER LAND as the intermediary within the binding period. Making the online booking and clicking the “Book with Payment” button does not establish the customer’s right to the formation of a lodging contract. The host is free to accept or reject the customer’s contract offer (the booking).
e) Unless a booking confirmation is provided in real time (the booking confirmation is issued immediately after the guest makes the booking by clicking the “Book with payment obligation” button, with the booking confirmation displayed on the screen), the host or TI PRÜMER LAND, as the intermediary, shall immediately confirm receipt of the booking to the customer via electronic means. This acknowledgment of receipt does not constitute a booking confirmation and does not establish a claim to the formation of the accommodation contract in accordance with the customer’s booking request.
f) The accommodation contract is concluded upon the customer’s receipt of the booking confirmation, which the host or TI PRÜMER LAND, as the intermediary, sends to the customer in the form specified in the booking process via email, fax, or mail.
2.7. If the content of the booking confirmation differs from the content of the booking, this constitutes a new offer from the host. The contract is concluded on the basis of this new offer if the guest declares acceptance by means of an explicit statement, a down payment, or the final payment, or by taking possession of the accommodation.
2.8. Travel agents and booking offices are not authorized to make agreements, provide information, or make assurances that alter the agreed-upon content of the contract, go beyond the services contractually promised by the host, or contradict the host’s description of the accommodation and services.
2.9. Information in hotel guides and similar directories not published by TI PRÜMER LAND or the host is not binding on the host or its obligation to provide services, unless it has been made part of the host’s obligation to provide services through an express agreement with the guest.
3. Non-binding Reservations
3.1. Reservations that are non-binding for the guest, from which they may withdraw free of charge, are only possible if expressly agreed upon with TI PRÜMER LAND or the host.
3.2. If no non-binding reservation for the guest has been expressly agreed upon, the booking pursuant to Section 2. (Conclusion of the Contract) of these Terms and Conditions generally results in a legally binding contract for the host and the guest/client.
3.3. If a non-binding reservation for the guest has been agreed upon, the desired accommodation will be held for the guest by the host until the agreed-upon time. The guest must notify TI PRÜMER LAND or the host by this time if the reservation is to be treated as a binding booking for them as well. If this does not occur, the reservation is canceled without any further notification requirement on the part of TI PRÜMER LAND or the host. If the notification is received by the host within the specified time, a legally binding accommodation contract is concluded between the host and the guest upon its receipt.
4. Prices and Services, Changes to Reservations
4.1. The prices stated in the booking documentation (host directory, host’s offer, internet) are final prices and include statutory value-added tax and all ancillary costs, unless otherwise specified regarding ancillary costs. Tourist taxes, as well as fees for services billed based on consumption (e.g., electricity, gas, water, firewood) and for optional and additional services that are booked or used only on-site, may be charged separately and shown as such.
4.2. The services owed by the host are determined exclusively by the content of the booking confirmation in conjunction with the valid brochure or property description, as well as any supplementary agreements expressly made with the guest/client. The guest/client is advised to make supplementary agreements in writing.
4.3. For rebookings (changes regarding the type of accommodation, the arrival and departure dates, the length of stay, the type of meals, booked additional services, and other supplementary services), for which there is no legal entitlement to their implementation, the host may charge a rebooking fee of €15 per change. This does not apply if the change is only minor.
5. Payment
5.1. The due dates for the deposit and final payment are determined by the agreement reached between the guest or the client and the host and noted in the booking confirmation. If no special agreement has been made, the total accommodation price, including fees for ancillary costs and additional services, is due at the end of the stay and must be paid to the host.
5.2. The host may require a deposit after the contract is concluded. Unless otherwise agreed in individual cases, this amounts to 15% of the total price of the accommodation and booked additional services.
5.3. Payments in foreign currencies and by certified check are not accepted. Credit card and debit card payments are only possible if this has been agreed upon or is generally offered by the host via a posted notice. Payments at the end of the stay cannot be made by bank transfer.
5.4. If the guest fails to make an agreed-upon deposit and/or final payment in full within the specified time frame despite a reminder from the host setting a reasonable deadline, the host is entitled, provided the host is willing and able to provide the contractual services and provided the guest has no statutory or contractual right of set-off or retention, to withdraw from the contract with the guest and to charge the guest cancellation fees in accordance with Section 6 of these Terms and Conditions. The host is not entitled to these rights if the guest is not at fault for the delay in payment.
6. Cancellation and No-Show
6.1. In the event of cancellation or a no-show, the host’s claim to payment of the agreed accommodation price, including the meal portion and fees for additional services, remains valid. This does not apply if the host has granted the guest a right to cancel free of charge in a specific case and the host receives the guest’s declaration regarding the exercise of this right to cancel free of charge—which does not require any specific form—in a timely manner.
6.2. The host shall endeavor, within the scope of its normal business operations, without any obligation to make special efforts, and taking into account the specific nature of the booked accommodation (e.g., non-smoking rooms, family rooms), to find alternative use for the accommodation.
6.3. The host is entitled to offset the cost of alternative occupancy and, if this is not possible, the expenses saved.
6.4. The host may set flat-rate compensation amounts, taking into account the period between the notice of cancellation and the start of the stay, as well as the expected savings in expenses and the expected revenue from alternative use of the accommodation. The applicable flat-rate compensation amounts are specified in the offer and in the booking confirmation. If no flat-rate compensation amounts are specified in the offer and in the booking confirmation, compensation shall be calculated according to the percentages recognized by case law for assessing saved expenses, taking into account any amounts to be offset pursuant to Section 6.3. and in each case based on the total price of the accommodation services (including all ancillary costs), but excluding any public charges such as tourist tax or visitor’s tax, as follows:
• For vacation rentals/accommodations without meals 90%
• For overnight stay/breakfast
80%• For half-board
70%• For full board 60%
6.5. The guest/client expressly reserves the right to prove to the host that the expenses saved are significantly higher than the deductions taken into account above, or that the accommodation services or other services were used for other purposes. In the event of such proof, the guest or the client is only obligated to pay the correspondingly lower amount.
6.6. Taking out travel cancellation and trip interruption insurance is strongly recommended.
6.7. For administrative reasons, the notice of cancellation must be sent to TI PRÜMER LAND (not to the host) and, in the guest’s interest, should be provided in writing.
7. Arrival and Departure
7.1. The guest must arrive at the agreed time; unless otherwise agreed, this must be no later than 6:00 PM.
7.2. The following applies to late arrivals:
The guest is obligated to notify the host no later than the agreed arrival time if they will arrive late or, in the case of stays of several days, wish to check into the booked accommodation on a subsequent day.
If timely notification is not provided, the host is entitled to reallocate the accommodation. The provisions in Section 6 apply accordingly for the period during which the accommodation is not occupied.
If the guest notifies the host of a later arrival, the guest must pay the agreed-upon fee, minus any expenses saved by the host pursuant to Sections 6.4 and 6.5, even for the unused occupancy period, unless the host is contractually or legally responsible for the reasons for the delayed occupancy.
7.3. The guest must vacate the accommodation by the agreed time; unless otherwise agreed, this must be no later than 12:00 p.m. on the day of departure. If the accommodation is not vacated by the agreed time, the host may demand additional compensation. The host reserves the right to claim further damages.
8. Guest’s Obligation to Report Defects, Bringing Animals, Termination by the Host
8.1. The guest is obligated to immediately report any defects or disturbances to the host and to demand a remedy. A report of defects made solely to TI PRÜMER LAND is not sufficient. If the guest fails to report defects through their own fault, the guest’s claims against the host may be waived in whole or in part.
8.2. The guest may terminate the contract only in the event of significant defects or disruptions. The guest must first set the host a reasonable deadline for remedying the issue as part of the notice of defects, unless remedy is impossible, is refused by the host, or immediate termination is objectively justified by a special interest of the guest that is recognizable to the host, or for such reasons it is objectively unreasonable for the guest to continue the stay.
8.3. The following applies to bringing pets:
Bringing and accommodating pets in the accommodation is only permitted if there is an express agreement to that effect and if the host provides for this possibility in the listing. Under such agreements,
the guest is obligated to provide truthful information regarding the type and size of the pet.
Violations of this provision may entitle the host to terminate the accommodation contract for cause.
Bringing pets without prior notice or providing incorrect information regarding their type and size entitles the host to refuse occupancy of the accommodation, to terminate the accommodation contract, and to charge cancellation fees in accordance with Section 6 of these terms and conditions.
8.4. The host may terminate the accommodation contract without notice if, despite a warning from the host, the guest persistently disrupts the host’s business, other guests, or the course of the stay, or if the guest behaves in such a manner contrary to the contract that immediate termination of the contract is justified. If the Host terminates the contract, the foregoing provisions regarding the obligation to pay in the event of the Guest’s cancellation shall apply mutatis mutandis to the Host’s claim for payment.
9. Limitation of Liability
9.1. The host’s liability under the accommodation contract pursuant to § 536a BGB for damages that do not result from a breach of a material obligation—the fulfillment of which is essential for the proper performance of the accommodation contract or the breach of which jeopardizes the achievement of the contract’s purpose—or from injury to life, limb, or health is excluded, provided such damages do not result from an intentional or grossly negligent breach of duty by the Host or a legal representative or vicarious agent of the Host.
9.2. Any liability of the Host as an innkeeper for items brought onto the premises pursuant to §§ 701 et seq. BGB remains unaffected by this provision.
9.3. The Host shall not be liable for disruptions in services related to services that are, during the stay, recognizably merely arranged for the Guest/Client as third-party services (e.g., sporting events, theater visits, exhibitions, etc.). The same applies to third-party services that are arranged by the host at the time of booking the accommodation, provided these are expressly identified as third-party services in the advertisement or booking confirmation.
10. Statute of Limitations
10.1. Contractual claims of the guest/client against the host arising from the accommodation contract or against TI PRÜMER LAND arising from the agency contract due to injury to life, limb, or health, including contractual claims for compensation for pain and suffering, which are based on their negligent breach of duty or an intentional or negligent breach of duty by their legal representatives or vicarious agents, shall become time-barred after three years. This also applies to claims for compensation for other damages based on a grossly negligent breach of duty by the Host or TI PRÜMER LAND, or on an intentional or grossly negligent breach of duty by their legal representatives or vicarious agents.
10.2. All other contractual claims are subject to a one-year statute of limitations.
10.3. The limitation period under the foregoing provisions begins at the end of the year in which the claim arose and the guest/client became aware of, or should have become aware of without gross negligence, the circumstances giving rise to the claim and the host or TI PRÜMER LAND as the debtor. If the last day of the period falls on a Sunday, a public holiday recognized by the state at the place of declaration, or a Saturday, such day shall be replaced by the next business day
. 10.4. If negotiations are pending between the guest and the host, or TI PRÜMER LAND, regarding asserted claims or the circumstances giving rise to the claim, the statute of limitations is suspended until the guest or the host, or TI PRÜMER LAND, refuses to continue the negotiations. The aforementioned one-year statute of limitations shall commence no earlier than 3 months after the end of the suspension.
11. Special Provisions Regarding Pandemics (in Particular the Coronavirus)
11.1. The parties agree that the agreed-upon services shall always be provided by the respective host in compliance with and in accordance with the official guidelines and requirements in effect at the time of travel.
11.2. The traveler agrees to observe any reasonable rules or restrictions on use imposed by TI PRÜMER LAND when utilizing services and to notify the host immediately in the event of typical symptoms of illness.
11.3. The foregoing provisions do not affect any warranty rights of the guest, in particular those arising from § 536 of the German Civil Code (BGB).
12. Note on Alternative Dispute Resolution Mechanisms; Choice of Law and Jurisdiction
12.1. With regard to the Consumer Dispute Resolution Act, the Host and TI PRÜMER LAND note that, as of the publication of these Terms and Conditions of Accommodation, participation in consumer dispute resolution is not mandatory for the Host and TI PRÜMER LAND, and neither the Host nor TI PRÜMER LAND participates in voluntary consumer dispute resolution. If and to the extent that consumer dispute resolution becomes mandatory for the Host and/or TI PRÜMER LAND, they shall inform the affected Guest/Consumer of this in an appropriate manner.
12.2. The contractual relationship between the Guest or the Client and the Host or TI PRÜMER LAND is governed exclusively by German law. The same applies to other legal relationships.
12.3. To the extent that, in the case of admissible claims by the guest or the client against the host or TI PRÜMER LAND abroad, German law is not applied as the substantive law governing their liability, German law applies exclusively with respect to the legal consequences, in particular regarding the nature, scope, and amount of the guest’s or client’s claims.
12.4. The guest or the client may only sue the host or TI PRÜMER LAND at their place of business.
12.5. For claims by the host or TI PRÜMER LAND against the guest or the client, the client’s place of residence is decisive. For lawsuits against guests or clients who are merchants, legal entities under public or private law, or persons whose place of residence, business address, or habitual residence is abroad, or whose place of residence, business address, or habitual residence is unknown at the time the lawsuit is filed, the place of jurisdiction shall be the host’s registered office.
12.6. The foregoing provisions shall not apply if and to the extent that mandatory provisions of the European Union or other international provisions applicable to the contract are applicable.
© Copyright protected; TourLaw - Noll | Hütten | Dukic Attorneys at Law, Munich | Stuttgart; 2025
Date of this version: June 2025
Cancellation Policy for the Purchase of Goods
Right of Withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the goods.
To exercise your right of withdrawal, you must inform us [Insert: Name/Company and serviceable address of the return recipient. Additionally, the following must be provided: Phone number, email address
, Optional: Fax number] of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by mail, fax, or email). You may use the attached model withdrawal form for this purpose, though this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising the right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), without delay and no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. We will use the same payment method for this refund that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the fourteen-day period expires.
You shall bear the direct costs of returning the goods. The costs of returning goods that cannot be shipped as parcels are estimated at a maximum of approximately €75.
You are only liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that is not necessary for testing their condition, properties, and functionality.
Cancellation Policy for a Contract for the Provision of Services
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the date the contract is concluded.
To exercise your right of withdrawal, you must inform us [Tourist-Information Prümer Land, Hahnplatz 1, 54595 Prüm, Phone: +49 6551 505, Email: ti@pruem.de] of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by mail, fax, or email). You may use the attached model withdrawal form for this purpose, though this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising the right of withdrawal before the withdrawal period expires.
Consequences of the withdrawal
If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. We will use the same payment method for this refund that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund.
If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of your exercise of the right of withdrawal regarding this contract, compared to the total scope of the services provided for in the contract.
Sample Withdrawal Form
(If you wish to withdraw from the contract, please fill out this form and return it.)
To
Tourist-Information Prümer Land, Hahnplatz 1, 54595 Prüm, Email: ti@pruem.de
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following
goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for written notice)
Date
(*) Delete as appropriate.