General terms and conditions for flats and flats
By maintaining and extending several buildings in beautiful Neanderland, we have created flats and flats with selected comfort and unique facilities. We offer our guests - corporate clients and private guests - accommodation and rental based on our general terms and conditions as follows:
I. Scope of application
1. These terms and conditions apply to contracts for the rental of flats and flats (hereinafter referred to as "property") for accommodation and all other services and deliveries provided by BESOTEL for the guests in this context (guest accommodation contract). The term "Accommodation Agreement" includes and replaces the following terms: Accommodation contract, guest accommodation contract, hotel contract, hotel room contract.
2. The subletting or re-letting of the provided objects as well as their use for purposes other than accommodation require the prior consent of BESOTEL in text form, whereby § 540 paragraph 1 sentence 2 BGB is waived insofar as the guest is not a consumer within the meaning of § 13 BGB.
3. The guest's general terms and conditions shall only apply if this has been expressly agreed in advance in text form.
II. Conclusion of contract, contract partners, limitation period
1. The contracting parties are BESOTEL and the guest. Upon receipt of the written booking confirmation by the guest, a direct rental contract is concluded between BESOETL and the guest - hereinafter also referred to as "booking". BESOTEL is free to confirm the room booking in text form or electronically via app.
2. As a tenant, you must be at least 18 years old at the time of booking. If you are booking for a youth group, you must be at least 21 years old at the time of booking. You will receive the rental documents, the method of handing over the keys and the location of access to the rented rooms prior to departure.
3. The property is rented to the guest for the booked period. As a guest, you undertake to use the property exclusively for personal purposes and for no more than the maximum number of persons stated in the booking. If you breach this obligation, BESOTEL will charge a contractual penalty of 300 euros.
4. From a rental period of 3 months and longer, BESOTEL requires the guest to pay a deposit of 1,700 euros. The deposit must always be paid in cash. After the property has been returned and checked for damage or loss, BESOTEL will refund the deposit within 5 working days, provided that BESOTEL has no outstanding claims against the guest.
5. All claims against BESOTEL shall generally become time-barred one year after the commencement of the statutory limitation period.This does not apply to claims for damages and other claims, insofar as the latter are based on an intentional or grossly negligent breach of duty by BESOTEL.
III. Services, prices, payment, offsetting
1. BESOTEL is obliged to keep the flats or flats booked by guests available and to provide the agreed services.
2. The guest is obliged to pay the agreed or applicable prices of BESOTEL for the provision of the property and the other services used by the guest. This also applies to services commissioned by guests directly or via BESOTEL, which are provided by third parties and disbursed by BESOTEL.
3. The agreed prices include the taxes and local charges applicable at the time of conclusion of the contract. Not included are local taxes that are owed by the guest according to the respective municipal law (e.g. visitor's tax).
4. In the event of a change in the statutory value added tax or the introduction, change or abolition of local taxes on the subject matter of the service or for other unforeseeable reasons after conclusion of the contract, price increases are possible to a verifiable extent. In the event of price increases of more than 10% of the rental price, you as a guest may cancel the contract free of charge within 10 days by written declaration to BESOTEL.
5 BESOTEL may make its consent to a subsequent reduction in BESOTEL's services or the length of the guest's stay requested by the guest dependent on a reasonable increase in the price for the property and/or for BESOTEL's other services.
6. Invoices from BESOTEL are due for payment immediately upon receipt without deduction. If payment on account has been agreed, payment must be made within ten days of receipt of the invoice without deduction, unless otherwise agreed.
7. BESOTEL is entitled to demand a reasonable advance payment or security deposit, for example in the form of a credit card guarantee, from the guest upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in text form in the contract. The statutory provisions shall apply if the guest is in default of payment.
8. In justified cases, e.g. payment arrears of the customer or extension of the scope of the contract, the hotel is entitled, even after conclusion of the contract up to the beginning of the stay, to demand an advance payment or security deposit within the meaning of Section III.7 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
9. BESOTEL is also entitled to demand an appropriate advance payment or security deposit within the meaning of Section III.67 above from the guest at the beginning and during the stay for existing and future claims arising from the contract, insofar as such a payment has not already been made in accordance with Section III.7 and/or Section III.8 above.
10. The guest may only offset or set off an undisputed or legally binding claim against a claim by BESOTEL.
11. As a guest, you agree that the invoice may be sent to you electronically.
IV. Withdrawal by the customer (cancellation)
Non-utilization of the services of BESOTEL (so-called "no show")
1. A withdrawal of the guest from the contract concluded with BESOTEL is only possible if a right of withdrawal has been expressly agreed in the contract, if a statutory right of withdrawal exists or if BESOTEL expressly agrees to the cancellation of the contract.
2. As a guest, BESOTEL grants you the following cancellation options at a flat rate:
- 25% of the rental price up to 14 days before the start of the rental period
- 50% of the rental price up to the 7th day before the start of the rental period
- 75% of the rental price up to the 3rd day before the start of the rental period
- If you cancel later, BESOTEL will charge the full rental price.
If you have booked third party services with your booking, the cancellation costs for these third party services are always 75%.
3. The guest is free to prove that BESOTEL has incurred no or significantly less damage.
V. Resignation from BESOTEL
1. If an advance payment or security deposit agreed or demanded in accordance with Section III.7 and/or Section III.8 is not made even after a reasonable grace period set by BESOTEL has expired, BESOTEL shall be entitled to withdraw from the contract.
2. Furthermore, BESOTEL is entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if
- force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
- apartments and apartments are culpably booked with misleading or false information or concealment of material facts; material facts may include the identity of the guest, the actual number of guests, the ability to pay or the purpose of the stay;
- BESOTEL has reasonable grounds to believe that the use of the service may jeopardize the smooth operation of the business, the security or the public reputation of BESOTEL, without this being attributable to BESOTEL's sphere of control or organization;
- the purpose or reason for the stay is unlawful;
- there is a violation of section I.2 above.
3. The justified withdrawal of BESOTEL does not constitute a claim for damages on the part of the guest.
VI. Provision of flats and flats, handover, use, return
1. The rental documents specify both your arrival date and your departure date and thus determine the beginning and end of the booked rooms.
2. Our apartments and apartments may only be used by you with the maximum number of persons stated in the booking confirmation. BESOTEL may refuse to accept excess persons or charge a corresponding surcharge.
3. Booked rooms are available to you as a guest from 15:00 on the agreed day of arrival. You are not entitled to earlier availability.
4. Dogs, cats and other pets may only be kept or kept by you if this is expressly agreed in the booking. As a guest, you are liable for all damage caused by keeping pets. Animals must be kept in a species-appropriate manner and in compliance with the relevant animal protection laws.
Should special cleaning be necessary due to the keeping of animals, BESOTEL will charge you 250 € for this.
5. As a guest, you undertake to treat our apartments and apartments, including the inventory and outdoor facilities, with all due care and to observe the "Small BESOTEL House Rules". In the event of loss of a key or access code, BESOTEL currently charges an amount of € 115 including VAT.
6. apartments and apartments must be vacated and made available to BESOTEL by 11:00 a.m. at the latest on the agreed day of departure. After this time, BESOTEL may charge 50% of the full rental price for late vacating of the accommodation until 6 p.m., and 90% from 6 p.m. onwards. This shall not give rise to any contractual claims on the part of the guest. The guest is at liberty to prove that BESOTEL has no or a significantly lower claim to a usage fee.
VII. Liability of BESOTEL
1 BESOTEL shall be liable for damages for which it is responsible arising from injury to life, limb or health. Furthermore, it shall be liable for other damages which are based on an intentional or grossly negligent breach of duty by BESOTEL or on an intentional or negligent breach of typical contractual duties by BESOTEL. Typical contractual obligations are those obligations which make the proper execution of the contract possible in the first place and on the fulfillment of which the guest relies and may rely. A breach of duty by BESOTEL is equivalent to a breach of duty by a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise stipulated in this Section VII. Should disruptions or defects occur in BESOTEL's services, BESOTEL will endeavor to remedy the situation as soon as it becomes aware of them or upon immediate complaint by the guest. The guest is obliged to do what is reasonable to remedy the disruption and minimize any possible damage.
2 BESOTEL accepts no liability for your personal belongings, cash or valuables, even if they are in the safe. BESOTEL recommends the use of the safes installed in the apartments and apartments.
3. If the guest is provided with a parking space on the premises of BESOTEL, even for a fee, this does not constitute a safekeeping agreement. In the event of loss of or damage to motor vehicles parked or maneuvering on BESOTEL's property and their contents, BESOTEL shall only be liable in accordance with Section VII.1 above.
4. The liability of BESOTEL for financial losses is limited to three times the proportionate rental price of the injured party, insofar as the damage was caused neither intentionally nor through gross negligence.
VIII. Final provisions
1. Amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions should be made in text form. Unilateral amendments or additions are invalid.
2. the invalidity or ineffectiveness of individual provisions of these General Terms and Conditions shall not affect the validity of the remaining provisions. BESOTEL and the guest will replace void or ineffective clauses with effective provisions that come as close as possible to these in economic and legal terms.
3. place of performance and payment as well as exclusive place of jurisdiction - also for check and bill of exchange disputes - is Mettmann in commercial transactions. If the guest is a consumer and has no general place of jurisdiction in Germany, the place of jurisdiction shall be Mettmann.
4 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
4. in accordance with the legal obligation, BESOTEL points out that the European Union has set up an online platform for the out-of-court settlement of consumer disputes ("ODR platform"): http://ec.europa.eu/consumers/odr
5. However, BESOTEL does not participate in dispute resolution proceedings before a consumer arbitration board.