Terms & conditions
Terms and Conditions of Accommodation
The following terms and conditions, to the extent they are validly agreed upon, shall form part of the accommodation contract concluded between the guest and the accommodation provider (BHB) upon booking. Please read these terms and conditions carefully.
1. Role of Smoobu GmbH.
Smoobu GmbH is solely responsible for the technical operation of the booking system. It is neither a contractual partner of the guest in the event of a booking nor a travel agent. It is therefore not liable for the information provided by the BHB, services, or disruptions to the services to be provided by the BHB.
2. Conclusion of the Contract
2.1. By making a booking (in accordance with Section 2.2), the guest makes a binding offer to the BHB to conclude the accommodation contract. This offer is based on the description of the accommodation and the supplementary information in the booking details (e.g., location description, classification explanation), to the extent that this information is available to the guest.
2.2. Bookings for accommodation offers through the booking system may only be made electronically by completing and submitting the booking form.
2.3. The contract is concluded upon receipt of the electronic booking confirmation by the person making the booking. No further booking confirmation, particularly in writing, will be provided.
3. Prices and Services, Price Increases
3.1. The prices listed are final prices and include applicable sales tax and all ancillary costs, unless otherwise specified regarding ancillary costs. They apply per apartment. Optional and additional services may be charged separately and listed as such.
3.2. The services owed by BHB are derived exclusively from the content of the booking confirmation in conjunction with the valid property description displayed on the booking portal and the information regarding services provided therein. Comfort and amenities of BHB and the booked accommodation.
3.3. For rebookings (changes regarding arrival and departure dates, length of stay, meal plan, booked additional services, and other supplementary services), for which there is no legal entitlement to their implementation, the BHB may charge a rebooking fee of €15 per change. This does not apply if the change is only minor.
4. Payment
4.1. The due dates for the deposit and the balance are based on the information in the offer and the corresponding details in the booking confirmation. Unless otherwise specified therein, the total accommodation price, including fees for ancillary costs and additional services, is due seven days prior to arrival and must be paid to the BHB.
5. Cancellation and No-Show
5.1. In the event of cancellation, the BHB retains the right to payment of the agreed accommodation price.
5.2. The BHB shall, within the scope of its normal business operations and without any obligation to make special efforts, endeavor to find alternative use for the accommodation.
5.3. The BHB is entitled to offset any alternative occupancy and, to the extent this is not possible, any expenses saved.
5.4. In accordance with the percentages recognized by case law for the calculation of saved expenses, the guest or the client must pay the following amounts to the accommodation provider, each based on the total price of the accommodation services (including all ancillary costs). For vacation apartments/accommodations without meals: 90%.
5.5. The guest or the client expressly reserves the right to prove to the BHB that their saved expenses are significantly higher than the deductions considered above, or that the accommodation 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.
5.6. Taking out travel cancellation insurance is strongly recommended.
5.7. The notice of cancellation must be sent exclusively to BHB or the booking portal.
5.8. Guests may cancel or change their arrival date free of charge up to one week before arrival, with the exception of bookings for the Sektfest, Rhein in Flammen, and Winzerfest, for which a two-week cancellation period applies. In both cases, a fee will be charged after the specified deadline. Please contact us in the event of a last-minute cancellation so that we can work together to find a solution.
6. Guest’s Obligations; Termination by BHB
6.1. Unless otherwise agreed, the accommodation may only be used by the guest for whom it was booked.
6.2. The guest is obligated to use the accommodation and its facilities only for their intended purpose and to treat them with due care at all times.
6.3. The guest is obligated to immediately report any defects or malfunctions to BHB and demand that they be remedied. If the guest culpably fails to report the defect, the guest’s claims may be waived in whole or in part.
6.4. The guest may terminate the contract only in the event of significant defects or malfunctions. The guest must first set a reasonable deadline for the BHB to remedy the issue when reporting the defect, unless remedy is impossible, refused by the BHB, or immediate termination is objectively justified by a special interest of the guest that is apparent to the BHB, or the continuation of the stay is unreasonable for such reasons.
6.5. Pets are expressly prohibited from being brought into or kept at the accommodation.
6.6. BHB may terminate the accommodation contract without notice if, despite a warning from BHB, the guest persistently disrupts BHB’s operations or the guest’s stay, or if the guest behaves in such a manner contrary to the contract that immediate termination of the contract is justified. If the BHB tour operator terminates the contract, the provisions in Section 6 shall apply mutatis mutandis to the BHB’s claim for payment.
7. Liability
7.1. The BHB’s contractual liability for damages other than bodily injury is limited to three times the cost of the stay, provided that the guest’s damage was not caused by the BHB either intentionally or through gross negligence, or provided that the BHB is liable for damage incurred by the guest solely due to the fault of a vicarious agent.
7.2. The BHB’s liability as a hotelier for items brought onto the premises pursuant to Sections 701 et seq. of the German Civil Code (BGB) remains unaffected by this provision.
8. Statute of Limitations
8.1. Claims by the guest against the BHB arising from the accommodation contract, regardless of the legal basis—with the exception of claims arising from tort—are subject to a one-year statute of limitations.
8.2. The statute of limitations begins at the end of the year in which the claim arose and the Guest becomes aware of the circumstances giving rise to the claim and of the BHB as the debtor, or should have become aware of them in the absence of gross negligence.
8.3. If negotiations are pending between the Guest and the BHB regarding asserted claims or the circumstances giving rise to the claim, the statute of limitations is suspended until the Guest or the BHB refuses to continue the negotiations. The aforementioned one-year limitation period begins no earlier than three months after the end of the suspension.
9. Governing Law and Jurisdiction
9.1. The contractual relationship between the Guest or the Client and BHB is governed exclusively by German law. The same applies to any other legal relationship.
9.2. The Guest may only sue BHB at its place of business.
9.3. For actions brought by BHB against the Guest or the Client, the Client’s place of residence shall be the venue. 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 registered office of BHB.
9.4. 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.