terms and conditions (GTC)

terms and conditions (GTC)

The website www.montigo-hotels.com is operated by MontiGo Travel GmbH. The following terms and conditions apply to the arrangement of accommodation and hotel rooms by MontiGo Travel GmbH. They regulate the legal relationship between the customer and MontiGo as an intermediary.

 

Scope of the Terms
1.1 These terms and conditions apply to the arrangement of accommodation, rooms, hotels or pensions by MontiGo Travel GmbH. Between the customer and the respective service provider (in particular hotel) MontiGo Travel operates exclusively as an intermediary. In this respect, an agency agreement is agreed between MontiGo Travel and the customer, the contract contents of which only consist in the proper mediation of the room or the hotel. The execution of the hotel stay itself is not part of the contractual obligations of MontiGo Travel. Package holidays are not taught through this page.

1.2 In the case of a booking, the contract concerning the stay (guest admission, accommodation contract) is concluded exclusively between the customer and the respective service provider. Reference is made to the corresponding terms and conditions of the service providers. Claims of the guest from the guest admission or accommodation contract exist exclusively towards the host or the hotel.

Conclusion of the agency contract
2.1 By registering, the customer offers MontiGo Travel the conclusion of an agency contract as well as the hotel the conclusion of an accommodation contract based on the information and descriptions of the hotel and on the basis of these terms and conditions binding. The offer may be made in writing, verbally, by telephone or via electronic media (Internet). MontiGo Travel recommends registering via the website www.montigo-hotels.com by completing the information fields there. When registering for the internet, the customer submits his binding contract offer to MontiGo Travel by entering his data and submitting the online booking order.

2.2 The agency or agency agreement is concluded with the acceptance by MontiGo Travel, which does not require any specific form. The accommodation contract with the hotel is concluded upon acceptance of the registration by the hotel. The customer will be informed with the booking confirmation of the conclusion of the agency contract and the contract with the service provider. If the content of the booking confirmation deviates from the content of the customer's registration, MontiGo Travel has a new offer which the customer can accept within one week. This can be done by express or conclusive explanation (for example, payment).
 
Payment / stay documents
3.1 Payment to MontiGo Travel can in principle be made by credit card, Sofortüberweisung, PayPal or by bank transfer. The payment method Bank Transfer is only possible if the customer's place of residence is in Germany, the booking can be canceled free of charge and the arrival is at least 21 days in the future. For credit card payments VISA, MasterCard and American Express are accepted.

3.2 MontiGo Travel is entitled to accept payments for the service providers. The payment of the room price at the service provider directly is excluded.

3.3 Payment is due upon completion of the booking.

3.4 If the due room price despite reminder and reasonable deadline for payment is not paid, MontiGo Travel is entitled to withdraw from the contract (§ 323 BGB) and to charge the customer with cancellation costs, which are based on the following section 4.3.

3.5 The total price shown in the invoice does not include any additional charges to be paid locally, such as tourist tax, bed tax, local tourist tax, city tax, resort fee or similar, unless expressly stated in the relevant invoice.

3.6 MontiGo Travel will provide the hotel documents, rental vouchers or other documents in principle at the premises of MontiGo Travel or at the request of the customer to send them. The customer must inform MontiGo Travel if he has the necessary documents, eg. B. Hotel voucher, not in the time announced by MontiGo Travel has received or if the documents contain false information regarding the data of the customer (name, address).

Resignation by the customer / rebooking
4.1 The customer may withdraw from the accommodation contract and the agency contract at any time before the start of the stay. The decisive point in time is the receipt of the declaration of withdrawal at MontiGo Travel. The customer is recommended to declare the cancellation in writing.

4.2 The withdrawal from the brokered accommodation contract is governed by the terms and conditions of the respective contractual partner / service provider of the customer, if these were available to the customer and became part of the contract with the customer. MontiGo Travel is entitled to deliver to the customer the customer's contractual partner, i. the service provider or hotel, calculated compensation for resignation and to bill, plus a reimbursement of expenses up to 40.00 euros. The customer is always at liberty to prove that damage has not occurred to the contractual partner or MontiGo Travel at all or only to a significantly lower amount than a calculated lump sum.

4.3 Insofar as no conditions of resignation of the customer's contractual partner have become part of the contract, MontiGo Travel may, in the name and on behalf of the hotel, demand reasonable compensation for the provisions made for the expenses of the hotel in accordance with this clause. The amount of the compensation depends on the hotel room price, deducting the value of the expenses usually saved by the hotel as well as what it may otherwise acquire by otherwise using the services. Hotel / MontiGo Travel, representing the hotel, can calculate a compensation in the form of a concession or a flat rate, taking into account the following breakdown according to the proximity of the time of withdrawal to the contractually agreed commencement date in percent of the room or apartment price as follows

For accommodation contracts / leases / apartments / vacation packages:

until the 42nd day before the beginning of the stay 20%
from the 41st to the 28th day before the beginning of the stay 40%
from the 27th day before the beginning of the stay 80%
no show 90%

The customer is always at liberty to prove that damage has either not occurred at all or at a substantially lower level than the lump sum.
 
4.4 The rebooking of a booked and confirmed stay is only possible after previous withdrawal from the brokered contract under the aforementioned conditions and simultaneous registration by the customer.

4.5 For the services offered on www.montigo-hotels.com acc. § 312 g para. 2 no. 9 BGB, there is no right of withdrawal.

Liability of MontiGo Travel, Limitation of Liability
5.1 MontiGo Travel assumes no liability for the proper performance and provision of the services provided and gives no assurance as to the suitability or quality of the hotel or rental services shown. The contractual partner of the customer is liable for this. This does not apply if the circumstances justify the appearance that MontiGo Travel assumes such services on its own responsibility within the meaning of § 651a Abs. 2 BGB. Likewise, MontiGo Travel does not guarantee the availability of hotel services.

5.2 MontiGo Travel is only liable for the proper mediation and advice of the customer. The information about mediated services is based exclusively on the information provided by the individual service providers to MontiGo Travel and therefore does not represent an individual assurance of MontiGo Travel to the customer. MontiGo Travel does not give the customer any guarantees or assurances regarding the accuracy, completeness or up-to-dateness of the information mediated companies. The prices for the services offered correspond to the amounts indicated on the website. Exceptions are cases of obvious error. Despite MontiGo Travel's efforts, certain services listed on the Website may be priced incorrectly. MontiGo Travel points out that the automatic confirmation of a booking based on the obviously erroneous input of data has no effect, regardless of the cause of such an error. For the sake of clarity, the term "manifest error" means that the displayed price differs noticeably from the actual value of the booked service. In such event, the booking will be canceled by MontiGo Travel and the amount invoiced will be fully refunded without any charge.

5.3 The contractual liability of MontiGo Travel as an intermediary is, except in the case of damage based on injury to life, body and health, to the extent that damage was neither deliberate nor grossly negligent, or MontiGo Travel for any damage solely on the basis of Fault of a vicarious agent is, per customer and stay limited to three times the price of the mediated service. For all tort claims against MontiGo Travel, which are not based on intent or gross negligence, MontiGo Travel shall be liable for damage to property amounting to three times the stay price per stay and customer. Claims for tort and all claims for compensation for damage to life, body or health are always subject to the statutory limitation period.
 
References to passport, visa, foreign exchange and health regulations
6.1 MontiGo Travel assumes no liability for the information relating to passport, visa and sanitary provisions. Insofar as MontiGo Travel discloses this information - also on the website - MontiGo Travel makes no representation or warranty regarding the accuracy, completeness or timeliness of this information. The liability of MontiGo Travel is excluded in this respect.

6.2 Each customer is responsible for compliance with all important for his stay regulations (health regulations, passport and visa requirements, foreign exchange regulations, customs regulations).

6.3 The customer must make sure that his passport or identity card has sufficient validity. Foreign customers are requested to contact their local embassy or consulate.

Statute of limitations, miscellaneous
7.1 Claims by the customer for damages for property damage or pecuniary loss against MontiGo Travel except claims of the customer arising from tort, become statute-barred within one year. The statute of limitation begins at the end of the year in which the claim arose and the customer should have obtained knowledge of the circumstances that constitute the claim against MontiGo Travel and obtained knowledge of MontiGo Travel as a person of the debtor / defendant or without gross negligence.

7.2 The invalidity of individual provisions of the agency contract does not result in the invalidity of the entire contract. The ineffectiveness of the brokered accommodation contract does not affect the effectiveness of the agency contract.

7.3 The agency contract is exclusively subject to German law. The customer may sue MontiGo Travel at its registered office. Insofar as the customer is a merchant or legal entity of private or public law or a person who is domiciled or ordinarily resident abroad, or whose domicile or habitual residence is unknown at the time the legal action is brought, the place of jurisdiction shall be MontiGo Travel agreed.

MontiGo Travel GmbH
Deichstrasse 36

20459 Hamburg
Germany

Managing Director: Jens Vogel
Hamburg District Court, commercial register entry HRB 129531