General Terms and Conditions for Guests
b&b Zentrale Witt u. Hildebrecht GbR operates the online portal with the URL https://www.bed-and-breakfast.de (hereinafter referred to as “b&b Zentrale”). On this presentation portal, b&b Zentrale, as franchisor, shall offer its franchisees, located in various German cities (hereinafter referred to as “agencies”) the opportunity to offer private accommodation from third parties (hereinafter referred to as “hosts”) for rent on an own subsite for the agency in question.
The following General Terms and Conditions (GTCs) shall apply to all services offered by b&b Zentrale and its agencies on the online portal with the URL https://www.bed-and-breakfast.de. b&b Zentrale and the agencies shall recognise no other general terms and conditions.
B. Conclusion of a contract
A guest’s booking request shall be directed straight to the agency. Any further communication shall take place exclusively between agency and guest and/or between guest and host.
When a booking request is made, the agency shall send the guest a quote via email for the accommodation specifically requested by the guest or one or more recommendations of available accommodation in the town requested. A booking confirmation form shall be attached to this email. Should a quote be accepted, the guest shall return the completed booking confirmation form to the agency. On acceptance of the quote, the accommodation contract shall be deemed concluded between guest and host.
The agency is an intermediary and on conclusion of the contract shall act only as the host’s representative. A hosting agreement is therefore exclusively concluded between guest and host.
The final price shall be paid by the guest – depending on arrival time – either to the host on arrival or in advance to the agency by bank transfer.
b&b Zentrale is only the operator of the presentation platform and shall not act as intermediary.
Any changes to a booking, or an additional subsequent booking may only be made via the agency.
The final price includes the agency commission including the applicable sales tax in the legally applicable amount as well as the accommodation costs. As small business owners, the majority of the hosts are exempt from sales tax in accordance with Section 19 (1) UStG. If the host is exceptionally liable for sales tax, the overnight price and other services provided by the host include the statutory sales tax. An existing sales tax liability or exemption can only be requested directly from the host. Upon request, the host will issue the guest with an invoice that shows the sales tax separately or indicates the sales tax exemption. Some cities have a city tax. This is not included in the final price and has to be paid directly to the host on site.
b&b Zentrale and the agencies shall accept no liability vis-à-vis the guest – insofar as this is legally permissible. In particular, b&b Zentrale and the agencies shall not accept liability for damages caused by the guest to the host, or vice versa.
It cannot be guaranteed that data communication via the Internet shall be without error and/or available at all times. b&b Zentrale and the agencies shall not therefore guarantee constant and uninterrupted availability of its online portal and shall not be liable for failures which are caused by technical and electronic defects upon which b&b and the agencies have no influence.
The agency shall supply b&b Zentrale with photos, descriptions of the accommodation (size, quality etc.) and the final price per night and accommodation unit (including statutory taxation where applicable). Any inspection and/or evaluation of the accommodation shall be carried out by the agencies and not b&b Zentrale.
If, in exceptional cases, a host is unable to provide the booked accommodation due to short-term changes in circumstance, the agencies shall seek to provide accommodation of equal value.
In cases of justified dissatisfaction with the accommodation (e.g. significant deviations from the advertised descriptions) on arrival, the payment recipient (agency or host) shall reimburse the guest accommodation costs which have already been paid – partially or completely, depending on the degree of deviation. Any complaint has to be made immediately.
In case of cancellation of a booking, the following cancellation fees shall be incurred, based on the final price:
80% on day of arrival, 50% 1-8 days prior to arrival, 25% 9-27 days prior to arrival, minimum fee 15 EUR per stay
The guest shall have no rights of withdrawal.
On the presentation portal, accommodation guests may publish reviews of the accommodation and/or share these with others.
The guest undertakes to publish only lawful reviews.
The decision as to whether a review of accommodation shall be made public is at the sole discretion of b&b Zentrale and/or the agency. The guest therefore has no right to demand that b&b Zentrale or the agency publish its review.
The guest shall release b&b Zentrale and the agencies from all third party claims regarding infringement of general personality rights arising from unlawfully published reviews. This shall also include reimbursement of any associated costs required for their legal defence.
F. Final clauses
Only the General Terms and Conditions (GTCs) of b&b Zentrale and its agencies shall apply to all services provided by b&b Zentrale and its agencies. In using the website and associated services of b&b Zentrale and its agencies, the visitor thereby recognises the General Terms and Conditions. b&b Zentrale and its agencies therefore recognise only their General Terms and Conditions and no others.