Cancellation of a booking
The accommodation contract comes about through two concurrent declarations of intent. In the course of advancing technology, the conclusion of contracts will increasingly take place online in the future. Ultimately, it is legally irrelevant whether the accommodation contract is concluded by letter, fax or email. An accommodation contract can also be concluded through reciprocal emails.
In comparison to the rental contract (see § 535 BGB), the accommodation contract is due to an accommodation, i.e. not only is space use granted, but additional services are owed, such as: For example, the final cleaning, change of bed linen and towels. So it is a mixed contract with elements of the rental, service and work contract.
If a binding accommodation contract has been concluded, the following applies:
Booked is booked.
The guest is also obliged to pay the accommodation price if he wants to cancel the contract after the booking has been made. In this case, the innkeeper is entitled to charge cancellation fees. The cancellation fee is based on the contractually owed consideration less the expenses saved by the innkeeper (e.g. reduced operating costs, hospitality, bed linen).
In practice, standard flat rates have developed, see also OLG Düsseldorf, NJW-RR 1991, 1143 (German case law). With a pure overnight stay (without breakfast, half or full board) up to 90% of the agreed price can be charged as a cancellation fee. With an early cancellation e.g. For example, 90 days before arrival, the cancellation costs can be omitted or significantly lower.
We generally recommend our guests a travel cancellation insurance.
In cases where the landlord canceled due to a double booking, the host must compensate the guest or provide an adequate replacement apartment with the same equipment and location.