AGB

GENERAL TERMS AND CONDITIONS

1. Area of application

The following company terms (general terms and conditions) apply to all bookings purchased through ehotel AG (www.ehotel.at, www.ehotel.ch, www.ehotelag.com, www.ehotel.de and more). They determine the contractual conditions between the client and ehotel AG, as a procurer of travel services and the corresponding provision of the reserved service (e.g. hotels, named ‘service carrier’ below).

As soon as a booking has been finalized, and a contract exists, it is the responsibility of the service carrier to provide the service that was booked and the responsibility of the client to cover the full amount of the fee. ehotel AG acts as a procurer of the contract provider, who is the travel provider (tour operator), for all bookings.

2. booking

Bookings are passed to the service carrier by ehotel AG. ehotel AG merely acts as a clarifying agent. Contracts for the booked services are only closed between the client and service carrier and underlie the corresponding company terms of the service carrier. With his booking, the client acknowledges the general terms and conditions for the procurement of travel services. He has the opportunity to inform himself of essential questions regarding the contract that exceed the extent of information provided by ehotel AG.

3. names of travellers and e-mail adresses

It is very important for the client to enter the names of all travelling persons correctly and complete. Initials or abbreviations of names may lead to a hotel not accepting a guest. Thus, we request you to write all names in full, beginning with the forename and following with the surname.

It is the responsibility of the client to ensure that he has entered the correct e-mail address. As all e-mail messages can be checked in the ‘My account’ section of the website, ehotel AG does not take responsibility for messages that have not been read by the client.

4. prices

Prices are provided per room and night. Offers only partially include breakfast. Beside the overnight service, further services such as e.g. breakfast, Internet or parking may be included. The scope of the services is determined in the individual booking conditions of the service carrier. No fees for optional surcharges (such as e.g. minibar or phone calls), are included.

Prices can be provided in different currencies. The indicated prices underlie currency fluctuations. Slight deviations of the published prices could arise on a daily basis. ehotel AG is not liable for exchange rates or bank charges.

5. booking, cancellation and payment conditions

Bookings, cancellations and payment conditions depend on the corresponding offer. These are described in detail prior to booking and should be extracted from the individual offers. Group reservations and bookings at special times, such as exhibitions or other large events, underlie specific booking and cancellation conditions. Frequently, strong limitations are implemented by hotels with regards to cancellation and stay conditions.

For the reservation of hotel rooms that are made through the ehotel AG fair service, differing from what was said before a cancellation by the booker can only be done via letter or fax. In addition to that, such a cancellation requires a reply by ehotel AG for its effectiveness.

6. payment

The payment of the procured services is strictly only carried out to the service carrier, insofar as this is not otherwise specially mentioned below. Depending on the offer booked, payment of a booking takes place in whole or in part, or at the hotel during arrival or departure. No specific charge is requested from the client on part of ehotel AG for bookings, changes in bookings or cancellations. The fees to be paid to the service carrier may increase under special circumstances (e.g. taxes and service fees, visitor’s tax).

7. changes in bookings and cancellations

Cancellations and changes in bookings can be carried out online or in writing at the service centre of ehotel AG, by e-mail, fax or phone. Changes are subject to availability. The change of travel dates can lead to altered prices.

ehotel AG points out that the hotel / service carrier cancellation fees may be invoiced at up to 100% of the travel price. The regulations are noted in the booking terms and conditions of the corresponding service carrier.

8. room types and particular requests

The customer must guarantee that the room type requested is suitable for the travellers. The room type indicated in the request is passed onto the service provider by ehotel AG. It is, however, possible for a hotel to offer a double bed rather than two singles or vice versa. Although special requests regarding room type and services (smoking or non-smoking), are passed onto the hotel, the room is provided by the hotel and is subject to availability to the time of arrival.

9. hotel information and facilities

Hotel information: although ehotel AG strives to provide all hotel information as clearly as possible, we are not responsible for the correctness of this information or facilities you may be provided during your stay or any that have not fulfilled your expectations.

Reconstruction/renovation and servicing is important for the maintenance of a hotel and takes place without prior notification. In this case, however, the hotelier or service carrier must make an effort to keep inconveniences to a minimum. Indications of normal wear and tear are to be expected at a hotel and are not under our control. ehotel AG is not responsible for damages or inconveniences incurred by the client that are not within his control, nor for accidents or loss at a hotel incurred by the personnel or hotel management.

Hotel and room photos should provide the clients with a general overview of the hotel. Room photos can stem from a different class of room as the one booked and do not have to represent the actual room provided.

10. map information

Maps are only provided as a source of information. ehotel AG does its best to reproduce hotel information and maps as precisely as possible, whereas liability for the correctness of such information or errors/missing information cannot be provided. Up-to-date and complete information on the location, as well as route, are to be collected directly at the hotel.

11. additional hotel fees

Hotels can charge extra fees for specific services, such as air-conditioning, a safe, mini-bar, rental of a TV remote control, luggage storage, sauna, spa and access to a swimming pool, parking fees, etc.

Such fees are to be paid at the hotel. ehotel AG is not liable for unforeseen additional charges incurred by the hotel.

12. spa, city, tourist, local and stay taxes and resort fees

Some communes possess different strategies with regards to taxes, whether these are city, tourist or local taxes. Our prices always contain the incurred hotel taxes excluding tourist and city taxes that generally encompass notification through local services, which in this case should be paid directly at the hotel. All valid city, tourist or other taxes will be collected by the hotel at the time of departure.

13. minors

ehotel AG does not accept bookings from minors. Bookers must be 18 or older, in order to be responsible for their actions. For travel bookings in the US, bookers must be at least 21. All hotels require at least one visitor to be an adult. In some States of the US, the minimum age is higher.

14. general

The service of ehotel AG is only intended for legitimate bookings. Anyone who enters a credit card or other payment method without permission, is liable to penal action. We reserve the right to cancel any booking that is not viewed as legitimate.

15. closure of a contract liability

Acceptance of the procurement assignment through ehotel AG takes place through the booking confirmation. The client is legally bound to the service carrier for the fulfilment of the responsibility indicated by the contract procured by ehotel AG. ehotel AG is neither bound to fulfil the service responsibilities indicated on the procured contract, nor for a successful procurement. ehotel AG is not obligated to examine the data provided by the service carrier and is not liable for the correctness of this data, insofar as ehotel AG does not provide such data with grievous harm, principally incorrect or in spite of serious doubt with regards to its correctness. In particular, statements by the service carrier concerning the quality of the relevant hotel (location, facilities, etc.) do not fall under the scope of liability of ehotel AG.

ehotel AG is not obligated to provide indications or information on passport, visa, toll or health regulations in correspondence with their procurement activity. Furthermore, ehotel AG is only liable towards all clients for compensation of incurred damages surrounding their procurement task, regardless of the legal reason, if:

1. a damage through intended or grave negligence of a contractual duty incurred by ehotel AG, their legal representative and/or fulfilment assistants,
2. ehotel AG specially ensures a particular characteristic of the contractual service in writing, before or while the contract is closed, which is then not available after providing the contracted service, or
3. the damage was caused through the intended harm of a main contracted duty, i.e. such a significant contracted duty for the client to the effect that he would not have closed the contract without being able to trust the fulfilment of this contracted duty.

In so far as ehotel AG is liable for grave negligent handling or omission according to 1) and with regards to every liability according to 2) and 3), liability is limited by contract to the extent of the price of the procured service.

16. data protection

ehotel AG is authorized to save personal data provided by the client, electronically. ehotel AG obligates itself to solely pass on data provided by the client for his own purposes to clients and not external third parties. ehotel AG also uses the additionally saved information, in order to inform the client of special offers, new products and other activities. The client can decide to no longer receive this information at any time, through objection towards ehotel AG of a corresponding provision of the data.

17. court of jurisdiction

Insofar as an agreement of a court of jurisdiction is permissible between the client and ehotel AG, the court of jurisdiction for all arguments is the service procurer Berlin. For the procurement service, German law applies. This is permitted to collect the costs calculated by the flight provider from the client.

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