Guest reception conditions for accommodation services
§ 1 Conclusion of Contract
The Guest is offering the Host, represented by ND Bed Breakfast as an intermediary, the conclusion of an accomodation contract orally, in writing, per fax or e-mail. The contract becomes effective with the booking confirmation by the tourism entity/IRS that it issues on behalf of the provider of accomodation. It is in the best interest of all parties that the contract be in writing. The booking is made firm by the guest for all persons listed in the booking. The guest making the booking agrees to be held liable for their contractual duties as well as for his own, if he has agreed to be subject to such a provision through a seperate and express statement.
§ 2 Services, Rates and Payment The Services owed by the Host are solely based on the booking offer in connection with details given on the internet. The agreed rate is to be understood including extras and utilities such as electricity, gas, water, bed linens and the adequate use of furniture provided. The fee for final cleaning is charged separately. The agreed amount including all extras is due on the day of arrival unless stated otherwise in the contract.
§ 3 Change of Reservation
Sometimes
it can lead to transfers of the booked accommodation due to short term
changes to the host occur (eg death, sale). In this case, you get a similar accommodation of ND Bed Breakfast.
§ 4 Resignation The conclusion of the contract obliges both parties to its fulfillment, regardless of the duration it has been concluded for. Any unilateral cost-free cancellation of a firm booking on the part of the Lessee shall generally not be possible. In case he cancels anyway, he shall be liable up to the agreed or usual fee regardless of the motive for cancellation. The owner of the accomodation firm shall have to deduct from his claim of performance any expenses not incurred. Jurisdiction has set these expenses to a flat 20% with accomodation including breakfast, 30% with alf board and 40% with full board. In case of a summer cottage or apartment it is a flat 10-20%.
Instead of performance, the Lessor may demand a fixed cancellation fee as follows (in % of accomodation rate): Up to 22 days prior to arrival free of charge, 21st to 8th day prior to arrival 30%, after that and on no-show 80%. The lessor may dispose of the unused accomodation otherwise and has to accept that any savings generated thereby be deducted from his cancelation fee. The Lessee may establish that the Lessor has not incurred any or only significantly smaller damages. The cancellation is to be addressed to UrbanBetten, Bölstrasse 25, CH-8704 Herrliberg, Email: info(at)nd-bed-breakfast.de and, in the interest of the guest, it should be made in writing.
§ 5 Smoking If not agreed otherwise, smoking shall not be permitted with regard to the consecutive guest.
§ 6 Deficiencies of the Performance of Accomodation The Host shall be liable for the performance of services as agreed in the contract. If there are any deficiencies of the accomodation that exceeds the limit of a mere inconvenience, the Guest shall immediately advise the Host or his representative of these deficiencies to enable them to rectify the matter. If the Guest defaults on advising the Host, he shall have no claims with regard to the deficiency.
§ 7 Pets Pets must be indicated in the booking. Generally, the accomodation of pets is not allowed. The only exception are objects that have the point „Pets allowed“ in their description. With these objects there is a surcharge of 9,- € per day or 90,- € per month respectively and the Host may ask for a higher deposit. Cats and dogs count as pets. Other animals such as spiders, snakes and the like are not allowed and can be refused by the Host.
§ 8 Number of Persons Only the persons and pets indicated in the booking may stay at the booked accomodation. Different or more persons than those may be refused by the Host. The Guest shall notify ND Bed Breakfast immediately if he intends to accomodate different or more persons.
§ 9 Liability The contractual liability of the host for damages that are not bodily injuries shall be limited to three times the amount of the agreed service as long as the damage was not caused through gross negligence or intentional negligence or his responsibility is solely based on the acts of his vicarious agent. The website of ND Bed Breakfast is for general information purposes only. Its contents are non-binding. ND Bed Breakfast are striving to keep their website up to date but does not guarantee that the information provided are current, of high quality, and complete or from a certain source. ND Bed Breakfast assume no liability for damages caused by the use of data provided on their website. Moreover, ND Bed Breakfast cannot assume responsibility for the contents of external links, even though thei are carefully checked. The liability for the contents of any external links is in the domain of the respective owners. Beyond that, liability is regulated by law.
§ 10 Return of the Accomodation Unless agreed otherwise, the Guest has to vacate the booked accomodation in good order by 11 a.m. on the day of departure and to return all keys to the Host.
§ 11 Statute of Limitation Contractual Claims and claims for damages arising from the Contract as well as liability from tort shall expire after three years.
§ 12 Court of Jurisdiction Contracts are concluded under German law. Court of Jurisdiction for any claims of the Lessee against the Lessor shall exclusively be determined by the location of the accomodation facilities. For claims of the Lessor against fully-qualified traders, juristic persons governed by public or private law or persons who do not have place of general jurisdiction in Germany, or who, after conclusion of contract, have moved their permanent residence abroad or whose residence is unknown at the time of filing claims, the domicile of the Lessor is agreed upon as the sole court of jurisdiction.
§ 13 Ineffectiveness of Provisions If any provision within this Contract is or becomes ineffective, the effectiveness of other provisions and of the whole contract shall not be harmed. If this Contract proves ineffective in parts or is incomplete, the Parties agree to replace missing or ineffective parts by ones that are effective and that comply with the overall contents of the Contract.
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