§1 Scope of Application, Definitions

1. For the business relations between Bella Residencia Immobilienverwaltungs GmbH (hereinafter referred to as Bella Residencia) and the Customer (hereinafter referred to as Customer), the following General Terms and Conditions shall apply exclusively in the version valid at the time of the booking. Deviating General Terms and Conditions of the Customer shall not be recognized unless Bella Residencia expressly agrees to their validity in writing.

2. The Customer is a consumer, as far as the booking cannot be predominantly attributed to his commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural person or legal entity or partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding the contract.

3. Bella Residencia does not organize trips (i.e. it is not a tour operator in the sense of §§ 651a ff. BGB), but only offers accommodation services.

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§ 2 Conclusion of Contract, Booking, No Right of Cancellation

1. The booking can be made orally, in writing, by telephone, via the booking calendar or by e-mail.

2. The basis for the booking are the service descriptions presented on the website. The basis and content of the booking contract are the booking basis and these General Terms and Conditions.

3. The booking contract is only concluded by the submission of a declaration of acceptance by Bella Residencia, which is sent with a separate e-mail (order confirmation). In this e-mail, the text of the contract (consisting of the booking, the General Terms and Conditions and the order confirmation) will be sent to the Customer by us on a permanent data carrier (e-mail or paper printout) (contract confirmation). The contract text is stored in compliance with data protection.

4. The contract is concluded in German.

5. There is no legal right of withdrawal according to § 312g Abs. 2 Nr. 9 BGB.

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§ 3 Prices, price changes and payment terms

1. The prices stated on the website are final prices including the applicable value added tax. The prices include all ancillary costs and final cleaning, unless otherwise stated or agreed between the parties. In particular, services to be billed based on consumption (e.g. for electricity, heating and water) may be billed separately.

2. The prices valid at the time of booking are the current prices on the website. The older prices become invalid with the publication of the newer prices.

3. Upon completion of the booking, a deposit of 25% of the booking amount is due. The customer can pay by direct debit, bank transfer or credit card. The remaining amount is due four weeks before arrival. If the Customer is in default of payment by missing the deadline, he has to pay Bella Residencia default interest in the amount of five percentage points above the base interest rate. The obligation of the Customer to pay default interest does not exclude the assertion of further damages caused by default by Bella Residencia.

 

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§ 4 Accommodation Services

1. By the booking contract (booking) an accommodation contract is concluded between the Customer and Bella Residencia. Bella Residencia is obliged to provide the booked accommodation from the agreed date for the agreed duration. In principle, the booked accommodation will be handed over by 16:00. The Client is obliged to inform Bella Residencia in due time about an expected later arrival. The return has to take place until 10:00 o'clock on the day of departure.

2. The Client is obliged to accept the booked accommodation and to pay the agreed accommodation price. He/she may only use the booked accommodation for its intended purpose and must use the rooms and furnishings with care and in accordance with the provisions of the house rules.

3. Bella Residencia commits itself to regular intermediate cleaning of the property and regular change of bed linen according to schedule, to the personal reception by appointment (at a reasonable time usually between 16 o'clock and 20 o'clock) and telephone support of the guests during their stay under the telephone number: +49 7222 936 172-0, to the paid laundry and ironing service, to the luggage storage, on arrival to the provision of German press, on request and according to availability to the reservation of excursions, sightseeing however after arrangement, the arrangement of a private cook Master Tom and a yoga teacher.

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§ 5 Withdrawal from the contract, non-arrival, substitute occupancy

1. The customer can withdraw from the contract at any time until the beginning of the booked service. The declaration of withdrawal must be made in writing to Bella Residencia, stating the order number. The date of receipt of the declaration of withdrawal is decisive for the date of withdrawal.

2. In case of a cancellation, the Customer is entitled to name a substitute person to Bella Residencia, who will enter into the concluded accommodation contract with all rights and obligations. Bella Residencia may object to the entry of the substitute person if the substitute person or his or her fellow travelers do not comply with contractual agreements or if other circumstances essential to the contract are not given with regard to the substitute person or the fellow travelers.

3. Bella Residencia recommends the conclusion of a travel cancellation insurance to avoid unnecessary costs.

4. If the customer withdraws from the booking or does not make use of the booked service, the customer's obligation to pay the agreed price remains in principle. In this case, we can demand compensation for the travel arrangements made and expenses incurred. The flat-rate cancellation fees are:

• in the case of a cancellation up to the 90th day before the start of occupancy, 25%
  of the price of the stay,

• in case of a cancellation from the 89th to the 60th day before the beginning
  of occupancy 50% of the price of the stay,

• in case of cancellation from the 59th to the 30th day before the beginning
  of the stay 75% of the price of the stay,

• in case of cancellation from the 29th day until the day before the start
  of occupancy or no-show without cancellation 90% of the price of the stay.

Bella Residencia reserves the right to claim the actual loss instead of the lump-sum compensation, which in this case has to be quantified and proven to the Customer taking into account a possible alternative occupancy and the information on this as well as saved expenses.

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§ 6 Cancellation by Bella Residencia

1. If the execution of the contract is considerably impeded, endangered or impaired due to force majeure which could not be foreseen at the time of the conclusion of the contract, both the Customer and Bella Residencia may cancel the concluded contract.

2. Bella Residencia may terminate the contract after the beginning of occupancy if the Customer and/or his fellow travelers persistently disrupt the implementation regardless of a warning or if they behave in a manner contrary to the contract to such an extent that, taking into account the interests of both parties, the immediate termination of the contract is justified. This applies in particular in case of intentional or grossly negligent damage to the rented object and the inventory as well as culpable violation of the Customer's obligations according to § 9 of these General Terms and Conditions. If the contract is terminated by Bella Residencia, Bella Residencia retains the claim to the total price, but must take into account the value of saved expenses as well as those advantages that are gained from an alternative occupancy of the object.

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§ 7 Deposit

1. Bella Residencia is entitled - at its own discretion - to demand a deposit of  1,000.00 € for the holiday home or 2,000.00 € for the holiday home and the e-cart after conclusion of the contract, upon moving in or upon handing over the keys, if necessary also later, as far as this results from the description of the rented object and/or the booking confirmation. In principle, this deposit is due 7 days before arrival by bank transfer.

2. If the rented object and/or its facilities or the garden show damages at the time of return, for which there are reasonable grounds to believe that the Client or his fellow travelers are responsible, Bella Residencia is entitled to withhold from the deposit the costs that are likely to be incurred to cover the damages.

3. Bella Residencia will issue an account of the deposit no later than seven days after the Client's departure, pay out the refundable deposit amount in cash or transfer it back to the Client immediately after departure - taking into account any withholdings.

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§ 8 Liability

1. Claims of the customer for damages are excluded. Excluded from this are claims for damages of the Customer arising from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by Bella Residencia, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.

2. In case of a breach of essential contractual obligations Bella Residencia shall only be liable for the foreseeable damage typical for this type of contract, if such damage was caused by simple negligence, unless it concerns claims for damages of the Customer resulting from an injury to life, body or health.

3. The restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of Bella Residencia, if claims are asserted directly against them.

4. The limitations of liability resulting from paragraphs 1 and 2 shall not apply if the Provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item.

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§ 9 Obligations of the customer

1. The rented object may only be occupied by the number of persons specified in the contract. In case of overcrowding, Bella Residencia is entitled to demand an appropriate additional payment for the period of overcrowding and, if applicable, compensation for fines imposed on Bella Residencia. In this case the overcrowded persons have to leave the rented object immediately.

2. The reception of guests of the Client in the rented object is limited to visits without overnight stay. The reception of guests overnight requires the express prior consent of Bella Residencia, regardless of the number of sleeping accommodations available. The latter may make its consent subject to the payment of an additional fee.

3. Change of occupancy, i.e. a change or succession of persons actually occupying the rented property - also with regard to individual persons - is not permitted without the express consent of Bella Residencia. Bella Residencia is entitled to demand additional compensation in case of behavior contrary to the contract.

4. The setting up of tents, caravans etc. on the property is prohibited.

5. The Client undertakes to treat the rented property and its facilities with care. In case of damages or defects, these are to be reported to Bella Residencia immediately during the occupancy period.

6. Premises, facilities or other areas which are in local connection with the rented object and which are expressly designated in the contract description as not belonging to the contractually owed services may not be entered.

7. The customer undertakes to leave the house tidy, clean and tidy on departure. Remaining food must be taken away or disposed of. The same applies to garbage.

8. Pets are not allowed.

 

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§ 10 Limitation

1. Claims based on injury to life, body or health, including contractual claims for compensation for pain and suffering, which are based on a negligent breach of duty by Bella Residencia or an intentional or negligent breach of duty by a legal representative or vicarious agent of Bella Residencia, are subject to a limitation period of three years. This shall also apply to claims for compensation for other damages based on a grossly negligent breach of duty by Bella Residencia or a wilful or grossly negligent breach of duty by a legal representative or vicarious agent of Bella Residencia.

2. All further claims shall become statute-barred within twelve months.

3. The statute of limitations according to the above clauses shall commence at the end of the calendar year in which the claim arose and the Customer became aware of it or should have become aware of it without gross negligence.

4. Bella Residencia does not participate in a voluntary consumer dispute resolution according to the Consumer Dispute Resolution Act.

5. The dispute resolution platform of the European Commission can be reached at http://ec.europa.eu/odr.

 

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§ 11 Final provisions

1. Contracts between Bella Residencia and the Customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the limitation of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the Customer has his habitual residence as a consumer, shall remain unaffected.

2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship shall be Nuremberg.

3. The contract shall remain binding in its remaining parts even if individual points are legally ineffective. The invalid provision, if any, shall be replaced by the statutory provisions. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract shall become ineffecti.

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