General Terms and Conditions
1. Scope of Application
These General Terms and Conditions (GTC) apply to all agreements entered into between BESIGHOMES and third parties (hereinafter referred to as the "Guest") for the rental of apartments for accommodation purposes, as well as to any additional services and goods provided by BESIGHOMES (hereinafter referred to as the "Accommodation Agreement").
2. Reservations
By making a reservation, the Guest submits an offer to enter into an Accommodation Agreement.
Subject to availability, BESIGHOMES will issue a booking confirmation for the requested apartment. An Accommodation Agreement between BESIGHOMES and the Guest is formed once BESIGHOMES accepts the reservation.
All offers made by BESIGHOMES regarding apartment availability are subject to change and are non-binding. BESIGHOMES reserves the right to decline a reservation at its discretion.
Guests are not entitled to accommodation in a particular apartment.
BESIGHOMES reserves the right to apply standard industry booking conditions, including minimum stays, booking guarantees or advance payments for specific dates or periods.
3. Cancellation Policy
A reservation is considered confirmed once the Guest has received a booking confirmation from BESIGHOMES.
Confirmed reservations may be cancelled free of charge up to two days before the scheduled arrival date by providing the reservation number.
Long-term bookings are excluded from this policy and are subject to the provisions of Section 12 of these Terms and Conditions.
In the event of a no-show or late cancellation, BESIGHOMES reserves the right to charge 100% of the total booking amount, with a minimum charge equivalent to the first two nights booked.
In the event of a no-show, BESIGHOMES reserves the right to make the reserved apartment available to other guests.
4. Accommodation Rates and Additional Charges
The rates published by BESIGHOMES at the time the Accommodation Agreement is concluded shall apply.
All quoted rates are gross total prices and include all applicable statutory taxes, fees and charges.
Local taxes or levies that guests are required to pay personally under applicable municipal regulations, such as a visitor's tax, are not included.
If applicable tax rates, fees or levies change, or if new taxes, fees or levies previously unknown to the parties are lawfully introduced, BESIGHOMES reserves the right to adjust its rates accordingly.
For agreements with consumers, such adjustments may only be made if more than four months have elapsed between the conclusion of the agreement (booking confirmation) and the adjustment.
5. Payment Terms
The total amount payable for the booked accommodation must be paid in full in advance, no later than upon arrival.
The Guest may not offset any amounts owed against counterclaims unless such counterclaims are undisputed or have been established by a final and binding court decision.
Accepted payment methods are cash in euros, EC debit cards, Mastercard and Visa.
6. Use of Reserved Apartments
Reserved apartments are available to Guests from 4:00 p.m. on the day of arrival until 11:00 a.m. on the day of departure.
Subject to availability, a late check-out may be arranged with BESIGHOMES in advance upon request.
Where BESIGHOMES agrees to a late check-out, an additional charge of EUR 10.00 per hour or part thereof may apply.
For departures after 11:00 a.m., the full daily apartment rate will be charged.
Guests have no contractual entitlement to a late check-out.
7. Resale and Subletting
The resale, subletting or onward arrangement of booked apartments is prohibited.
The assignment or sale of claims against BESIGHOMES is also prohibited.
In such cases, BESIGHOMES reserves the right to cancel the booking, particularly where the Guest has provided a third party with false or misleading information concerning the nature of the booking or its payment in connection with the assignment or sale.
The apartments may only be used for accommodation purposes. Any other use is expressly prohibited.
8. Liability of BESIGHOMES
BESIGHOMES shall be liable for damage resulting from injury to life, body or health where BESIGHOMES is responsible for such damage.
BESIGHOMES shall also be liable for other damage resulting from an intentional or grossly negligent breach of duty, as well as damage arising from an intentional or negligent breach of obligations essential to the Accommodation Agreement.
Breaches of duty by the legal representatives, employees or agents of BESIGHOMES shall be treated as breaches of duty by BESIGHOMES itself.
Further claims for damages are excluded unless otherwise provided for in these Terms and Conditions.
If any disruption or deficiency occurs in the services provided by BESIGHOMES, we will endeavour to remedy the situation as soon as we become aware of it or receive prompt notification from the Guest.
The Guest is required to take reasonable steps to help resolve the issue and minimise any potential damage.
The Guest must also inform BESIGHOMES in good time if there is a risk of exceptionally substantial damage.
Liability for personal belongings brought onto the premises is governed by the applicable statutory provisions.
Any claim shall lapse if the Guest fails to notify BESIGHOMES immediately upon becoming aware of the loss, destruction or damage of such belongings.
BESIGHOMES accepts no liability for valuables.
In all other respects, the liability of BESIGHOMES shall be governed by the provisions of this Section 8.
BESIGHOMES shall not be liable for damage caused exclusively by other guests or third parties. In particular, BESIGHOMES accepts no liability for damage resulting from improper use or user error.
As a general rule, all claims against BESIGHOMES shall become time-barred one year after the commencement of the applicable statutory limitation period.
This limitation does not apply to claims for damages or other claims arising from injury to life, body or health, or from an intentional or grossly negligent breach of duty by BESIGHOMES.
9. Termination of the Accommodation Agreement
BESIGHOMES reserves the right to terminate the Accommodation Agreement for good cause.
Good cause shall exist in particular where:
- Force majeure or other circumstances beyond the control of BESIGHOMES make it impossible to fulfil the agreement.
- An apartment has been booked using misleading or false information or by concealing material facts. Such facts may include, in particular, the Guest's identity, ability to pay or purpose of stay.
- BESIGHOMES has reasonable grounds to believe that the use of its services may jeopardise the smooth operation, security or public reputation of BESIGHOMES, provided that the circumstances are not attributable to BESIGHOMES's own sphere of control or organisation.
- The purpose or circumstances of the stay are unlawful.
- The booking has been resold, sublet or transferred to a third party in breach of Section 7.
10. Non-Smoking Policy
All BESIGHOMES apartments are strictly non-smoking.
Smoking is prohibited both inside the apartments and in all public areas.
In the event of a violation, BESIGHOMES reserves the right to claim compensation of EUR 200.00 for additional cleaning costs and any loss of revenue resulting from the apartment being unavailable for subsequent bookings.
The compensation amount may be increased or reduced if BESIGHOMES demonstrates that the actual damage was higher, or if the Guest demonstrates that the actual damage was lower.
11. Pets
As a general rule, pets are not permitted.
12. Long-Term Bookings
Separate payment and cancellation conditions apply to long-term bookings of 30 or more consecutive nights.
These conditions are set out in the respective accommodation agreements.
13. Data Protection
Information about how we process personal data can be found in our Privacy Policy under "Privacy Policy".
14. Final Provisions
Any amendments or additions to the Accommodation Agreement or these General Terms and Conditions must be made in text form. Unilateral amendments or additions made by the Guest shall be invalid. The place of jurisdiction for all disputes arising between the parties from the contractual relationship shall be Besigheim, Germany. German law shall apply. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
BESIGHOMES
A.J. Wirth Services UG (haftungsbeschränkt)
Hauptstraße 28/1
74354 Besigheim
Germany
Email: info@besighomes.com