Accommodation contract
The accommodation contract is German law , a law of obligations contract , which an accommodation is the subject.
General
The accommodation contract is a mixed contract that is not specifically regulated in the BGB . An essential component is the room rental, to which rental contract law (commercial room rental) is to be applied; however, depending on the content of the contract, elements of service contract law (hotel service), contract law (hotel meals), sales law (drinks) and custody (cloakroom) may also be applicable .
Conclusion of contract
The accommodation contract can be concluded orally. A written confirmation from the hotel is not required.
reservation
By reserving a room , an accommodation contract or just a preliminary contract can be concluded. A preliminary contract is accepted if a tour operator concludes a hotel reservation with an accommodation company for which the exact number of participants has not yet been determined. In this case, the accommodation contract is concluded later. A room reservation can also lead to the conclusion of an accommodation contract immediately.
literature
- Otto Palandt : Commentary on the BGB. 67th edition. Beck, Munich 2008, ISBN 978-3-406-56591-5 , introduction to § 535, paragraph 36, introduction to § 701, paragraph 3.
- Uta Stenzel: Hotel accommodation contract. In: Marina Tamm, Klaus Tonner (ed.): Consumer law. Nomos, Baden-Baden 2012, ISBN 978-3-8329-5745-2 , Chapter 6, § 24, pp. 1143–1166, paragraphs 328–465.
Web links
- Accommodation contract , jurabasic.de
Individual evidence
- ↑ BGH, judgment of January 24, 2007, Az .: XII ZR 168/04 = NJW-RR 2007, 777
- ↑ OLG Hamm , judgment of May 29, 2002, Az. 30 U 216/01, full text .
- ↑ OLG Düsseldorf , judgment of May 2, 1991, Az. 10 U 191/90, guiding principle .
