Guest acceptance conditions
The following conditions, if effectively agreed, are the content of the guest accommodation contract between the guest and the accommodation facility - hereinafter abbreviated to "AF" - in the event of a booking. 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 AF, services and service disruptions with regard to the services to be provided by the AF.
2. Conclusion of contract
2.1. With the booking (in accordance with Section 2.2), the guest offers the AF a binding offer to conclude 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 the location, classification explanation) if 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 quoted are final prices and include statutory VAT and all additional costs, unless otherwise stated with regard to additional costs. They apply per apartment. Tourist tax or tourism information as well as for additional services can be incurred and shown separately.
3.2. The services owed by the AF 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 AF and the booked accommodation. Deviating descriptions of the AF, its facilities and services as well as the booked accommodation in the AF's house brochures, host directories or other documents are not decisive for the AF's service obligation, unless expressly referred to as service content on the offer page.
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. If nothing special is noted there, the entire accommodation price including the fees for ancillary costs and additional services is due and payable to the AF at the end of the stay.
4.2. Payments with EC cards, credit cards, in foreign currencies and with personal checks are not possible. Payments at the end of the stay by bank transfer are only possible with the prior consent of 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. As part of its normal business operations, the AF must endeavor to use the accommodation for other purposes without being obliged to make any special efforts and taking into account the special character of the accommodation (e.g. non-smoking rooms, family rooms).
5.3. The AF has to have a different occupancy and, if this is not possible, offset 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, in each case based on the total price of the accommodation services (including all ancillary costs), but without taking any public taxes into account like tourist tax or visitor's tax:
For holiday apartments / accommodation without meals 90%
For bed and breakfast 80%
With half board 70%
With full board 60%
5.5. The guest / client expressly reserves the right to prove to the AF that the expenses saved 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 proof, 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 is to be sent directly to the AF. Cancellations via the booking portal or a local tourist information office are not possible.
6. Obligations of the customer, termination by the AF
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 as well as all facilities of the accommodation facility itself only as intended and with overall 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 to give the AF a reasonable period of time to remedy the defect within the framework of the notification of defects, unless the remedy is impossible, is refused by the AF or the immediate termination is objectively justified by a special interest of the guest that is recognizable to the AF or is based on such reasons the continuation of the stay is unreasonable.
6.5. Bringing and accommodating pets in the accommodation is expressly prohibited without the prior consent of the AF.
6.6. The AF can terminate the guest accommodation contract without observing a period of notice if, despite a warning from the AF, the guest disrupts the operation of the AF or the implementation of the stay or if he behaves in such a way contrary to the contract that the immediate cancellation of the contract is justified . If the AF cancels the tour operator, the provisions in Section 6 apply accordingly to the AF's payment claim.
7.1. The AF's contractual liability for damage other than physical injury is limited to three times the price of the stay, provided that the AF does not cause damage to the guest with intent or gross negligence, or insofar as the AF is solely responsible for damage caused to the guest due to the fault of a vicarious agent is.
7.2. The hospitality of the AF for items brought in according to §§ 701 ff. AF remains unaffected by this regulation.
7.3. The AF is not liable for service disruptions in connection with services that are recognizable as external services for the guest / client during the stay (e.g. sporting events, visits to the theater, exhibitions, etc.). The same applies to third-party services that are already arranged together with the booking of the accommodation, insofar as these are expressly marked as third-party services in the advertisement or the booking confirmation.
8. Statute of Limitations
8.1. Claims of the guest from the accommodation contract against the AF, 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 AF 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 AF 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 AF. The same applies to other legal relationships.
9.2. The guest can only sue the AF at his place or at the nearest place of jurisdiction.
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 AF.
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 apply to the contract.