1. Guest admission conditions The following conditions, if effectively agreed, will be the content of the guest admission contract between the guest and the accommodation facility in the event of a booking - hereinafter abbreviated to "BHB" -. Please read these terms and conditions carefully.
1. Position of Smoobu GmbH. Smoobu GmbH is only 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. You are therefore not liable for the information provided by the BHB, services and disruptions to the services to be provided by the BHB.
2. Conclusion of the contract
2.1. With the booking (according to section 2.2), the guest offers the BHB the conclusion of the guest accommodation contract. The basis of this offer is the description of the accommodation and the additional information in the booking basis (e.g. description of location, classification explanation) as far as this is available to the customer.
2.2. The booking of the accommodation offers of the booking system can only be done electronically by filling out and submitting the booking form.
2.3. The contract is concluded when the person making the booking receives the electronic booking confirmation. There is no further, in particular written, booking confirmation.
3. Prices and services, price increases
3.1. The prices given are final prices and include the statutory value added tax and all additional costs, unless otherwise stated with regard to the additional costs. They apply per apartment. Optional and additional services may arise and be shown separately.
3.2. The services owed by the BHB result exclusively from the content of the booking confirmation in connection with the valid property description shown in the booking portal and the information on services there. Comfort and equipment of the BHB and the booked accommodation. .
3.3. For changes to bookings (changes with regard to arrival and departure dates, length of stay, type of catering, additional services booked and other supplementary services), the implementation of which there is no legal entitlement, the BHB can charge a change of booking fee of € 15 per change process. This does not apply if the change is only minor.
4.1. The maturity of the down payment and the final payment is based on the information in the offer and the information relating to this in the booking confirmation. Unless otherwise noted there, the entire price of accommodation, including fees for ancillary costs and additional services, is due at the beginning of the stay and must be paid to the AF.
5. Cancellation and no-show
5.1. In the event of withdrawal, the AF remains entitled to payment of the agreed price of the stay.
5.2. The BHB has to endeavor to use the accommodation for other purposes in the course of its normal business operations, without any obligation to make any special efforts.
5.3. The BHB has to have a different occupancy and, if this is not possible, offset any saved expenses.
5.4. According to the percentages recognized by the case law for the assessment of saved expenses, the guest or the client has to pay the accommodation facility the following amounts, each based on the total price of the accommodation services (including all ancillary costs). 90% for holiday apartments / accommodation without meals.
5.5. The guest / client expressly reserves the right to prove to the AF that his saved expenses are significantly higher than the deductions taken into account above, or that the accommodation services have been used for other purposes. In the case of such evidence, the guest or the client are only obliged to pay the correspondingly lower amount.
5.6. We strongly recommend that you take out travel cancellation insurance.
5.7. The declaration of withdrawal must only be sent to the BHB or the booking portal. 5.8. Guests can cancel or change their arrival 24 hours before arrival free of charge. Thereafter, a fee of 80% of the total price will be charged.
6. Obligations of the customer, termination by the BHB
6.1. Unless otherwise agreed, the accommodation can only be used by the guest for whom it was booked.
6.2. The guest is obliged to treat the accommodation and its facilities only as intended and generally with care.
6.3. The guest is obliged to report any defects and disruptions to the AF immediately and to request remedial action. If the notification of defects is culpably omitted, the guest's claims may be wholly or partially void.
6.4. The guest can only terminate the contract in the event of significant defects or disruptions. He had previously given the BHB an appropriate notification as part of the notification of defects
6.5. It is expressly forbidden to bring pets into the accommodation.
6.6. The BHB can terminate the guest accommodation contract without notice if the guest disrupts the operation of the BHB or the implementation of the stay in spite of a warning from the BHB or if he acts contrary to the contract to such an extent that the immediate cancellation of the contract is justified . If the BHB cancels the tour operator, the provisions in Section 6 apply accordingly to the BHB's payment claim.
7.1. The BHB's contractual liability for damage other than physical injury is limited to three times the price of the stay, provided that damage to the guest is not caused by the BHB intentionally or through gross negligence or if the BHB is solely responsible for damage caused to the guest due to the fault of a vicarious agent is. 7
.2. The hospitality of the BHB for items brought in according to §§ 701 ff. BGB remains unaffected by this regulation.
8. Statute of Limitations
8.1. Claims of the guest from the accommodation contract against the BHB, regardless of the legal reason - but with the exception of claims of the guest from tortious acts - expire after one year.
8.2. The statute of limitations begins at the end of the year in which the claim arose and the guest becomes aware of circumstances that justify the claim and the BHB as the debtor or would have to become aware of them without gross negligence.
8.3. If negotiations are pending between the guest and the BHB about asserted claims or the circumstances justifying the claim, the statute of limitations is suspended until the guest or the BHB refuses to continue the negotiations. The aforementioned limitation period of one year occurs at the earliest 3 months after the end of the suspension.
9. Choice of law and place of jurisdiction
9.1. German law applies exclusively to the contractual relationship between the guest or the client and the BHB. The same applies to other legal relationships.
9.2. The guest can only sue the BHB at its seat.
9.3. The customer's place of residence is decisive for actions brought by the AF against the guest or the client. For lawsuits against guests or clients who are merchants, legal entities under public or private law or persons who have their place of residence / business or habitual residence abroad, or whose residence / business address or habitual residence is not at the time the action is brought is known, the place of jurisdiction is agreed to be the seat of the BHB.
9.4. The above provisions do not apply if and to the extent that non-mandatory provisions of the European Union or other international provisions are applicable to the contract.