Guest accommodation conditions

The following terms and conditions, insofar as they are effectively agreed upon, will form part of the accommodation contract concluded between the guest and the accommodation provider – hereinafter referred to as "ACP" – upon booking. Please read these terms and conditions carefully.

1. Position 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. Therefore, it is not liable for the information provided by BHB, services, or service disruptions related to the services to be provided by BHB.

2. Conclusion of the contract

2.1. By making a booking (according to section 2.2), the guest submits a binding offer to BHB to conclude a guest 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), provided this information is available to the customer.

2.2. Bookings for accommodation offers through the booking system can only be made electronically by filling out 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, in particular no written confirmation, will be issued.

3. Prices and services, price increases

3.1. The prices quoted are final prices and include statutory VAT and all incidental costs, unless otherwise stated. They apply per holiday apartment. Tourist tax or visitor's tax, as well as charges for additional services, may be charged separately and will be shown separately.

3.2. The services owed by BHB arise 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. This includes the comfort and amenities of BHB and the booked accommodation. Deviating descriptions of BHB, its amenities and services, as well as the booked accommodation in BHB brochures, host directories, or other documents are not relevant to BHB's service obligations unless explicitly referenced as part of the service content on the offer page.

4. Payment

4.1. The due dates for the deposit and final payment are determined by the information in the offer and the corresponding information in the booking confirmation. If nothing specific is stated there, the entire accommodation price, including charges for additional costs and services, is due at the end of the stay and payable to BHB.

4.2. Payments by debit card, credit card, in foreign currencies, and by crossed check are not possible. Payments at the end of the stay by bank transfer are only possible with prior approval from BHB.

5. Cancellation and no-show

5.1. In the event of cancellation, BHB's claim to payment of the agreed accommodation price remains valid.

5.2. Within the scope of its ordinary business operations, without obligation to make special efforts and taking into account the special character of the accommodation (e.g. non-smoking room, family room), the BHB shall endeavor to find alternative uses for the accommodation.

5.3. The BHB shall allow any alternative occupancy and, if this is not possible, any expenses saved to be taken into account.

5.4. According to the percentages recognized by case law for calculating saved expenses, the guest or the client must pay the accommodation provider the following amounts, each based on the total price of the accommodation services (including all additional costs), but excluding any public charges such as tourist tax or visitor's tax:

For holiday apartments/self-catering accommodations, 90%

For bed and breakfast 80%

Half board 70%

Full board 60%

5.5. The guest/client expressly reserves the right to prove to BHB that their saved expenses are significantly higher than the deductions considered above, or that the accommodation services were used elsewhere. In the event of such proof, the guest or client is only obligated to pay the correspondingly lower amount.

5.6. Taking out travel cancellation insurance is strongly recommended.

5.7. Cancellations must be submitted directly to BHB. Cancellations via the booking portal or a local tourist information office are not possible.

6. Customer 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 obliged to treat the accommodation and its facilities, as well as all facilities of the accommodation establishment itself, only as intended and with care overall.

6.3. The guest is obligated to immediately notify BHB of any defects or disruptions and request remedial action. If the guest culpably fails to report the defects, their claims may be reduced or forfeited entirely.

6.4. The guest may only terminate the contract in the event of significant defects or disruptions. Prior to this, the guest must give BHB a reasonable period to remedy the defect, unless remedying the defect is impossible, is refused by BHB, or immediate termination is objectively justified by a special interest of the guest that is recognizable to BHB, or the continuation of the stay is unreasonable for such reasons.

6.5. Bringing and keeping pets in the accommodation is expressly prohibited without prior consent from BHB.

6.6. The BHB may terminate the accommodation agreement without notice if the guest, despite a warning from the BHB, persistently disrupts the BHB's operations or the execution of the stay, or if the guest behaves in such a way that immediate termination of the agreement is justified. If the BHB terminates the agreement as a tour operator, the provisions in section 6 apply accordingly to the BHB's claim for payment.

7. Liability

7.1. The contractual liability of BHB for damages other than personal injury is limited to three times the accommodation price, provided that the damage to the guest is not caused intentionally or through gross negligence by BHB, or provided that BHB is solely responsible for damage incurred by the guest due to the fault of an agent.

7.2. The innkeeper's liability of the BHB for items brought onto the premises pursuant to Sections 701 et seq. of the German Civil Code (BGB) remains unaffected by this regulation.

7.3. BHB is not liable for disruptions in services related to services that are clearly identifiable to the guest/client as third-party services during their stay (e.g., sporting events, theater visits, exhibitions, etc.). The same applies to third-party services that are booked together with the accommodation, provided these are expressly identified as third-party services in the offer or booking confirmation.

8. Statute of limitations

8.1. Claims of the guest against BHB arising from the accommodation contract, regardless of the legal basis - however, with the exception of claims of the guest arising from tort - shall become statute-barred after one year.

8.2. The limitation period begins at the end of the year in which the claim arose and the guest became aware, or should have become aware without gross negligence, of the circumstances giving rise to the claim and of BHB as the debtor.

8.3. If negotiations are pending between the guest and BHB regarding asserted claims or the circumstances giving rise to the claim, the statute of limitations is suspended until the guest or BHB refuses to continue the negotiations. The aforementioned limitation period of one year begins no earlier than three months after the suspension ends.

9. Choice of law and jurisdiction

9.1. The contractual relationship between the guest or 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 registered office.

9.3. For legal actions brought by BHB against the guest or client, the client's place of residence shall be the applicable jurisdiction. For legal actions against guests or clients who are merchants, legal entities under public or private law, or persons whose place of residence/business or habitual abode is abroad, or whose place of residence/business or habitual abode is unknown at the time the action 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 apply.