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Conditions Générales de Vente : Allemagne

I. Period of validity

1. The legal entity named in the context of the reservation (hereinafter referred to as "B&B") rents to the guest (hereinafter referred to as "guest") the agreed hotel room with the agreed equipment (hereinafter referred to as "hotel room") for the agreed length of stay. These general terms and conditions of business and reservation (hereinafter referred to as "GTC") apply to accommodation contracts for the rental of hotel rooms, as well as all other services rendered for the guest in their respective hotel.

2. General business and reservation conditions of the guest do not apply unless this has been expressly agreed in writing beforehand.

II. Conclusion of contract
1. With the reservation of a hotel room, B&B offers the guest the conclusion of an accommodation contract. B&B can refuse to conclude an accommodation contract at its own discretion. The accommodation contract between B&B and the guest is concluded when the B&B reservation number is received by the guest or when the access code is handed over or transmitted to the guest (see Section IV.1.), whichever comes first. The B&B reservation number will be communicated to the guest either by email or fax, by phone or on site at the hotel. The guest is advised that reservation numbers received from third parties (e.g. from online booking portals for hotel rooms) are not the same as the B&B reservation number. 

2. Offers from B&B to conclude an accommodation contract are subject to change and non-binding, as long as no B&B reservation number has been received by the guest 3. The guest has no claim to the provision of a specific hotel room, or to fulfill special requests that go beyond the provision of a hotel room of the booked room category or its facilities. In addition, there is no provision of a parking space. 

III. Reservation, cancellation, no-shows

1. The following terms "simple reservation" and "guaranteed reservation" differ in that the guest only orders a hotel room for the simple reservation, while in the case of the guaranteed reservation they also guarantee the payment of the overnight price by providing credit card details. The following term “cancellation” means the guest's withdrawal from the accommodation contract. Sections 2 to 7 below explain the circumstances under which cancellation is possible free of charge, or in which cases the accommodation price minus 10% for saved expenses must be paid by the guest. The following term "day of arrival" means the first day of the booking period. The following term "day of departure" is the corresponding last day of the booking period. 

2. If the guest does not check in at the hotel by 19.00 on the day of arrival, the reservation expires (without re-booking) and the hotel releases the reserved rooms for sale. DRAFT 

3. In the case of a guaranteed reservation, the reservation of the hotel room will be held for the guest after 19.00 on the day of arrival. The guest can cancel guaranteed reservations free of charge until 19.00 on the day of arrival, unless the special conditions for group tours (see section VIII) or the special conditions for trade fair and event times (see no. IX) apply or reservations according to No. III No. 6 have been made, which are marked as “early bird” rates or unless otherwise specified in special offers/specials from B&B. If the guest does not cancel a guaranteed reservation until after 19.00 on the day of arrival, they remain obliged to pay the overnight price for the first night, less 10% for saved expenses; In this case, B&B is free to sell the room elsewhere. The same applies if the guest has not checked in by 06:00 on the day following the day of arrival and has not cancelled their reservation by 19.00 on the day of arrival (i.e. a "no show"). In this case, the guest is obliged to pay the overnight price for the first night, less 10% for saved expenses. In any case, the guest is free to prove that the saved expenses of B&B are higher than 10% of the accommodation price. 

4. In the case of guaranteed reservations lasting several days, no-shows will be cancelled free of charge until 06:00 on the day following the day of arrival (i.e. a “no-show”), after the night of the day of arrival (accordingly, from the second night of the booking period). In this case, the guest is not entitled to a hotel room for the following nights. For the cancellation of group trips and reservations at trade fair and event times, the provisions in Sections VIII and IX apply, subject to special conditions. 

6. Reservations at prices marked as “early bird” rates cannot be changed or cancelled free of charge and can only be booked via the website https://www.hotel-bb.com/de. In these cases, the overnight price is due upon reservation and is only partially refundable as follows: In the event of cancellation or a “no-show (no-show), the guest will only be reimbursed saved expenses in the amount of 10% of the room price for the entire booking period. The guest is free to prove that the saved expenses of B&B are higher. 

7. If the guest decides to pay for an online reservation directly using an online payment system (e.g. PayPal), it is then no longer possible to rebook or cancel the reservation online. In the event of a change or cancellation request, the guest must contact the hotel directly. Online reservations are always guaranteed reservations in accordance with the meaning of Section III.1 i. V. m. Number. III.3. 

IV. Arrival and departure 

1. B&B generally makes the hotel room available to the guest in the agreed room category with the agreed facilities on the day of arrival from 14.00 but never later than 15.00. The guest is not entitled to an earlier provision of the hotel room. For access to the hotel and the hotel room, the guest receives an access code at check-in either at reception, at the check-in machine located in the hotel, or via online check-in. 

2. On the day of departure, the guest must vacate their hotel room by 12.00, at the latest and leaving it in the same condition as when they arrived. In the event of check-out after 12.00, B&B can charge the guest 100% of the previous day's room rate, due to the delay in vacating the room for use beyond the original contract. The guest is allowed to prove that B&B has incurred no damage or that it has suffered significantly less damage. B&B is entitled to prove that any more damage has been incurred. DRAFT 

V. Terms of use

1. The maximum occupancy for the respective room category must not be exceeded. Children and babies count as adults in this case because of fire protection regulations that must be observed. 

2. The re-sale, subletting or brokering of booked rooms is prohibited unless the guest and B&B have expressly agreed otherwise in writing. The number of people staying in the hotel room provided must not exceed the number of people specified in the reservation. In the event of a culpable violation by the guest of the aforementioned provisions in this no. V. 2. B&B is entitled to cancel or terminate the accommodation contract and to claim damages from the guest. 

3. The guest must observe the house rules posted during their stay in the hotel. 

4. It is prohibited to consume tobacco products (especially cigarettes, cigars and pipes) and tobacco, or smoking substitutes (especially e-cigarettes) in the hotel rooms which are marked as non-smoking rooms. In the event of an infringement, B&B is free to charge the guest for the (basic) cleaning costs for eliminating the consequences of unauthorized consumption or for a flat-rate cleaning fee ("flat-rate compensation"). The guest is free to prove that the cleaning costs actually incurred are lower than the flat-rate compensation. 

VI. Accommodation prices and prices for additional services 

1. The overnight price to be paid by the guest is the consideration for the provision of the hotel room by B&B during the stay. For each overnight stay – irrespective of the actual use or overnight stay by the guest – a full overnight stay price, possibly less saved expenses, unless otherwise specified in Section III, will be charged. If the guest or their fellow travellers use other services of the hotel (such as breakfast, paid parking, accommodation of pets, etc.), the guest must pay the respective price for these services in addition to the price of accommodation. 

2. The agreed prices or the prices in the B&B price list valid at the time the contract was concluded all apply. B&B has the right to increase or decrease prices if there are more than four months between the time of the guest's reservation and the day of arrival. In the event of a price increase of more than 5%, the guest is entitled to a free right of withdrawal, which they can exercise, at the latest, within two weeks after the notification of the price increase. The right of withdrawal does not exist, however, if the price increase is solely due to the fact that statutory taxes, fees and charges have increased, which B&B continues to pass on to the guest. 

3. The prices or amounts shown in the reservation include the applicable sales tax as well as all statutory taxes, fees and charges, unless this is expressly stated otherwise. 

VII. Terms of payment

1. The accommodation prices and the prices for additional services (such as parking space, breakfast, fees for pets and all other claims that are not expressly stated in the accommodation contract as part of the accommodation price) are due in advance, at the latest, on arrival of the guest at the hotel, regardless of the date of invoicing. If the DRAFT payment is not made in time, B&B is entitled to terminate the accommodation contract, after which the guest must vacate the room. 

2. Without prejudice to Section VII.1., B&B is entitled to require the guest to make an advance payment on the accommodation costs up to the amount of the expected total invoice amount, or to provide adequate security in the form of a credit card deposit.

3. B&B accepts cash in Euros, transfers, debit cards (Maestro, girocard etc.) and the following credit cards: Visa, Mastercard and American Express. Other means of payment are only permitted with the consent of B&B. 

4. The guest can only assert offsetting and retention rights if the underlying counterclaims are undisputed or legally established. 

VIII. Special conditions for group trips

1. The following term “tour group” refers to a group of at least 15 guests for whom there is a reservation of at least eight (8) rooms. Deviating from or in addition to the above regulations, means that the following applies to a travel group: 

2. When making a reservation, a contact person ("overall manager") must be appointed for the travel group to correspond with B&B. 

3. Before the travel group arrives, B&B must be presented with a list of names with all participants. 

4. With the reservation confirmation by B&B, the person in charge receives the information about the reservation, information about the check-in as well as, if applicable, the security deposit and other payment conditions. Reservations by travel groups are always guaranteed reservations with reference to the meaning of Section III.1. 

5. The total amount of the accommodation costs must be paid by bank transfer or by credit card to the B&B bank account specified in the reservation confirmation, otherwise B&B will inform the person responsible after the reservation. Any fees for foreign transfers that were charged to B&B for the payment of the travel group must be paid in full by the travel group and no later than upon arrival at the hotel. 

6. The overnight costs of the travel group, including costs for additional services within the meaning of Section VII.1. are due for payment in advance, at the latest 28 days before the day of arrival or, if the reservation is made less than 28 days before, on the day of arrival, regardless of the date of invoice. If the payment is not made in time, B&B is entitled to withdraw from the accommodation contract (cf. XIII.1); In this case, B&B can rent the hotel rooms reserved for the tour group to other parties (without further communication to the contact person) without the guests being able to assert any claims against B&B. 

7. The tour group can cancel or change their reservation free of charge for bookings of 60 rooms up to eight (8) weeks before; between 40 and 59 rooms up to six (6) weeks before; and between eight (8) and 39 rooms up to four (4) weeks before the arrival day. Regardless of the number of reserved rooms, the tour group can cancel, for free, a maximum of two (2) rooms up to three (3) days before the arrival date. In the event of late cancellations or no-shows, the overnight-stay price DRAFT for the cancelled or unused rooms for the entire booking period minus 10% for saved expenses is to be paid, as part of the cancellation / no-show fee. The tour group is free to prove that the saved expenses of B&B are higher. 

8. B&B generally makes the booked hotel rooms available to the tour group on the day of arrival from 14.00, but never later than 17.00. 

9. B&B is entitled to a security deposit of up to €500 per travel group for any additional services within the meaning of Section VII.1 upon arrival of the travel group at the hotel (e.g. in cash or by credit card), as well as for any other costs (in the event of damage, etc.). 

10. The tour group receives collective invoices from B&B, which are given to the person in charge. 

IX. Special conditions for trade fair and event times 

1. B&B will inform the guest about the location of events and trade fairs in relation to the hotel at any time on request, and, at the latest, when making a reservation. Deviating from or in addition to the above regulations, the following applies during trade fair and event times: 

2. Only guaranteed reservations are possible for overnight stays. However, simple reservations cannot be made. 

3. The guest can only cancel or change their reservation free of charge up to a point in time before the day of arrival and only if such a point in time is indicated in the reservation confirmation and allows for a free cancellation or a change; otherwise no free cancellation or change is possible. As part of the booking process, the guest will also be informed if there is a cancellation period. In the event of later cancellations or no-show by the guest, the overnight price for the cancelled or unused rooms for the entire booking period, minus 10% for saved expenses, is to be paid as the cancellation or no-show fee. The guest is free to prove that the saved expenses of B&B are higher. 

4. The accommodation costs, including costs for additional services, as referred to in paragraph 
VII.1., are due for payment in advance and at the latest by the end of the day on which free cancellation is possible before the arrival date. If no free cancellation or change is possible, payment is due immediately, regardless of the invoicing date. If the payment is not made in time, B&B is entitled to withdraw from the accommodation contract (cf. XIII.1); in this case, B&B can re-sell the hotel room reserved for the guest to another person (without further communication to the original guest) without the guest being able to assert any claims against B&B. 

X. Liability of B&B

1. B&B is liable for damage for which it is responsible for injury to life, body or health. Furthermore, B&B is liable for other damages that are based on an intentional or grossly negligent breach of duty by B&B, or on an intentional or negligent breach of essential contractual obligations by B&B. Significant contractual obligations are those that only enable the proper execution of the contract and on the fulfillment of which the guest trusts and may trust. A breach of duty by B&B is equivalent to that of a legal representative or third party. Further claims for damages are excluded, unless otherwise stipulated in this section X. The basis of data protection claims are not covered by this liability regulation. DRAFT 

2. If faults or defects occur in the services of B&B, the guest must immediately notify B&B or the hotel staff on site. If the guest becomes aware of it or if the guest gives notice of it immediately, B&B will endeavour to fix the situation. The guest is obliged to make a reasonable contribution to correct the fault and to keep any damage to a minimum. 

3. B&B is liable to the guest for items brought in according to the statutory provisions (see §§ 701 ff. Civil Code). 

4. If the guest is provided with a parking space in the hotel garage or in the hotel car park, available for a fee, this is not part of a binding contract. In the event of loss or damage to motor vehicles parked or maneuvered on the hotel property, along with their contents, B&B is only liable in accordance with Section X.1. 

5. Messages, mail and consignments for guests are handled with care by the hotel. In order to accept and store mail and goods for the guest, prior consultation with the hotel is required. However, there is no obligation on the part of the hotel to accept and store these. 

XI. Theft and damage

In the event of theft or damage to belongings as well as in the event of fire, water damage or other damage in the hotel room, the guest must immediately inform the hotel staff. 

XII. Pets

Bringing dogs and cats (hereinafter referred to as "pets") requires prior notification by the guest; for other animals, please contact B&B with a precise description of the species, whereby in all cases B&B can refuse consent at any time and without giving reasons. Each single room can take a maximum of one pet, while a double room can take two pets. For each animal and pet, an additional fee is payable. B&B will notify the guest of this amount. Guide-, hearing- and comparable service dogs, on which the guest can demonstrably rely, are exempt from the fee.

XIII. Termination of the accommodation contract

1. B&B is entitled to withdraw from the accommodation contract if the guest does not make an advance payment owed and/or a deposit owed in due time, or in full.

2. B&B is entitled to terminate the accommodation contract and, if necessary, to demand compensation in the event of (i) force majeure or other circumstances for which B&B is not responsible and which make fulfillment of the accommodation contract impossible, (ii) rooms are booked culpably or because of misleading or incorrect information or concealment of essential facts (whereby in this context the identity, the ability to pay and the purpose of stay or the fulfillment of the characteristic "travel group" is considered to be essential), (iii) B&B has good reason to believe that the implementation of the accommodation contract can jeopardise the smooth running of the business, the security or the reputation of the hotel in public, without this being attributable to the sphere of control or organisation of B&B or the hotel, (iv) the guest is under the influence of illegal drugs during their stay in the hotel, uses the hotel room for the performance of a commercial activity with customer traffic or uses the hotel room for prostitution or the purpose and/or the DRAFT reason for the stay is illegal, or ( v) the guest repeatedly insults, disturbs or otherwise annoys the hotel staff or other hotel guests, despite a warning. 

XIV. Data protection: minors

Responsible for the processing of personal data ("data processing") will be the legal entity mentioned in the reservation. The guest can find further information on the B&B website, within the data protection information section and as part of the booking process. Minors may not transmit personal data to B&B without the consent of their legal guardians. As part of the conclusion and processing of accommodation contracts, B&B does not process knowingly obtained personal data from minors.

XV. EU consumer arbitration board

The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at https://www.ec.europa.eu/consumers/odr. B&B is not currently participating in the alternative dispute resolution procedures offered there; the online dispute resolution platform cannot, therefore, currently be used by B&B guests. B&B is not willing and not obliged to participate in dispute settlement proceedings before a consumer arbitration board.

XVI. General provisions 

1. Changes and additions to the accommodation contract or these terms and conditions must be in text form. One-sided changes or additions by the guest are ineffective.

2. Any ineffectiveness of one or more requirements of these terms and conditions does not affect the effectiveness of the remaining requirements. 

3. The law of the Federal Republic of Germany applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. 

4. The place of engagement and payment as well as the exclusive place of jurisdiction – also for check and exchange disputes – is the seat of the hotel in commercial transactions, or at the choice of B&B, in Wiesbaden. If a contractual partner fulfills the requirement of § 38 paragraph 2 Code of Civil Procedure and has no general place of jurisdiction in Germany, the place of jurisdiction will be Wiesbaden. However, B&B is also entitled to bring lawsuits and other judicial proceedings pending to the general place of jurisdiction belonging to the guest.

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(Act 01.04.2020)

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