Sec. 1 Scope, Definitions

1. The business relationship between Bella Residencia Immobilienverwaltungs GmbH (hereinafter referred to as Bella Residencia) and the customer (hereinafter referred to as the Customer) are governed exclusively by the following General Terms and Conditions in the version valid at the time of booking. Deviating general terms and conditions of the Customer are not to be recognised unless Bella Residencia expressly agrees to their validity in writing.

2. The Customer is a Consumer insofar as the booking cannot be predominantly attributed to their commercial or independent professional activity. In contrast, an Entrepreneur is any natural or legal person or a partnership with legal capacity who, when forming the contract, is acting in the exercise of their commercial or independent professional activity.

3. Bella Residencia does not organise travel (and is therefore not a tour operator within the meaning of Sec. 651a et seq. of the German Civil Code (BGB)) but merely offers accommodation services.

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Sec. 2 Contract Formation, Booking, No Right of Withdrawal

1. Bookings can be made verbally, in writing, by telephone, via the booking calendar or by email.

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

3. The booking contract is only formed upon submission of a declaration of acceptance by Bella Residencia, which is sent in a separate email (Order Confirmation). In this email, the contract text (consisting of the booking, GT&Cs and order confirmation) will be sent to the Customer by us on a durable medium (email or paper printout) (contract confirmation). The contract text will be stored in compliance with data protection regulations.

4. The contract is formed in the German language.

5. A statutory right of withdrawal does not exist pursuant to Sec. 312g para. 2 no. 9 of the German Civil Code (BGB).

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Sec. 3 Prices, Price Amendments and Payment Modalities

1. The prices indicated on the website constitute final prices inclusive of the respectively applicable Value Added Tax. The prices include all ancillary costs and the final cleaning, unless otherwise stated or agreed between the parties in this regard. In particular, services to be charged according to consumption (e.g., for electricity, heating and water) may be invoiced separately.

2. The prices published on the website valid at the time of booking apply. The respective older prices become invalid upon publication of newer prices.

3. The Customer pays a deposit of 30% of the total rental price upon booking. The deposit is due no later than 14 days after the booking date; should no payment be received by Bella Residencia by then, it reserves the right to terminate the contract with immediate effect. The final payment is made no later than 4 weeks prior to arrival. Should no payment be received by Bella Residencia at least 4 weeks prior to the start of the stay, Bella Residencia reserves the right to terminate the contract with immediate effect.

 

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Sec. 4 Accommodation Services

1. An accommodation contract is formed between the Customer and Bella Residencia through the booking contract (booking). Bella Residencia is obliged to make the booked accommodation available from the agreed time for the agreed duration. The booked accommodation will generally be handed over by 16:00. The Customer is obliged to inform Bella Residencia in good time of an expected later arrival. The property must be returned by 10:00 on the day of departure.

2. The Customer is obliged to accept the booked accommodation. They may only use the booked accommodation for its intended purpose and must treat the rooms and furnishings with care and in accordance with the provisions of the house rules.

3. Bella Residencia undertakes to provide a free, weekly interim cleaning service and telephone support for guests during their stay.

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Sec. 5 Cancellation of the Contract, Non-Arrival, Substitute Occupancy

1. The Customer may cancel the contract at any time prior to the commencement of the booked service. The cancellation must be declared in writing to Bella Residencia, stating the order number. The decisive factor for the time of cancellation is the receipt of the cancellation notice.

2. In the event of a cancellation, the Customer is entitled to name a substitute person to Bella Residencia who will enter into the accommodation contract previously formed with all rights and obligations. Bella Residencia may object to the entry of the substitute person if this person or their fellow travellers do not comply with the contractual agreements or if other circumstances essential to the contract do not apply to the substitute person or their fellow travellers.

3. Bella Residencia recommends taking out travel cancellation insurance to avoid unnecessary costs.

4. If the Customer cancels 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 may demand compensation for the arrangements made and for our expenses. The scaled cancellation fees are:

• for a cancellation up to the 90th day before the start of the occupancy: 30% of the travel price,

• for a cancellation from the 89th to the 60th day before the start of the occupancy: 50% of the travel price,

• for a cancellation from the 59th to the 30th day before the start of the occupancy: 75% of the travel price,

• for a cancellation from the 29th day until the day before the start of the occupancy or non-arrival without a cancellation notice: 100% of the travel price.

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Sec. 6 Cancellation by Bella Residencia

1. If the performance of the contract is made considerably more difficult, endangered or impaired as a result of force majeure unforeseeable at the time of formation of the contract, both the Customer and Bella Residencia may terminate the contract formed. Bella Residencia may terminate the contract after the start of the occupancy if the Customer and/or their fellow travellers persistently cause a disturbance despite a warning or if they behave in a manner contrary to the contract to such an extent that the immediate termination of the contract is justified, taking into account the interests of both parties. This applies in particular in the case of intentional or grossly negligent damage to the rented property and its inventory, as well as a culpable breach of the Customer's obligations under Sec. 9 of these General Terms and Conditions, especially the local noise disturbance regulations applicable at the time of booking.

2.  If the contract is terminated by Bella Residencia, Bella Residencia retains the claim to the total price but must allow for the value of saved expenses as well as those advantages that are obtained from any other use of the property.

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Sec. 7 Security Deposit

1. Bella Residencia is entitled to demand a security deposit of €1,000.00 for the Finca Bella Roca and €2,000.00 for the Villa Riviera after the contract has been formed, i.e., after the booking has been made. In principle, this security deposit is due 7 days before arrival.

2. If the rented property and/or its facilities or the garden area show damage upon return for which there is reasonable cause to believe that the Customer or their fellow travellers are responsible, Bella Residencia is entitled to retain from the security deposit the costs expected to be incurred to cover the damage.

3. Bella Residencia provides a statement of the security deposit no later than seven days after the Customer's departure and refunds the security deposit amount to the Customer – taking into account any retentions.

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Sec. 8 Liability

1. Claims by the Customer for damages are excluded. This does not apply to claims for damages by the Customer arising from injury to life, body or health or from the breach of material contractual obligations (cardinal duties), nor to liability for other damages based on a wilful or grossly negligent breach of duty by Bella Residencia, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

2. In the event of a breach of material contractual obligations, Bella Residencia is only liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless it concerns claims for damages by the Customer arising from loss of life, limb or health.

3. The limitations of paragraphs 1 and 2 also apply in favour 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 do 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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§Sec. 9 Obligations of the Customer

1. The rented property may only be occupied by the number of persons stated in the contract. In the event of over-occupancy, Bella Residencia is entitled to demand appropriate additional remuneration for the period of over-occupancy and, if applicable, compensation for any fines imposed on Bella Residencia. The excess persons must leave the rented property immediately in this case.

2. The reception of guests on the part of the Customer in the rented property is limited to visits without an overnight stay. The accommodation of guests overnight requires the express prior consent of Bella Residencia, regardless of the number of available sleeping facilities. The company may make its consent dependent on the payment of an additional charge.

3. Alternating occupancies, i.e., a change or succession of persons who actually occupy the rented property, also with regard to individual persons, is not permitted without the express consent of Bella Residencia. In the event of conduct contrary to the contract, Bella Residencia is entitled to demand an additional charge.

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

5. The Customer undertakes to treat the rented property and its facilities with care. In the event of damage or defects, these must be reported to Bella Residencia immediately during the occupancy period.

6. Premises, facilities or other areas that are in the local surroundings of the rented property and 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 accommodation in a tidy, clean and orderly condition upon departure. Leftover food must be taken away or disposed of. The same applies to rubbish.

8. Pets are not permitted in the rented accommodation.

 

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Sec. 10 Lapse of time

1. Claims based on loss of life, limb or health, including contractual claims for compensation for pain and suffering, which are based on a negligent breach of duty by Bella Residencia or a wilful or negligent breach of duty by a legal representative or vicarious agent of Bella Residencia, become statute-barred in three years. This also applies to claims for compensation for other damages which are 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 other claims become statute-barred within twelve months.

3. The limitation period according to the preceding paragraphs begins 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 voluntary consumer dispute resolution proceedings under the German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz (VSBG)).

5. The European Commission's dispute resolution platform is available at http://ec.europa.eu/odr.

 

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Sec. 11 Final Provisions

1. Contracts between Bella Residencia and the Customer are governed by the law of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). 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 as a Consumer has their habitual residence, 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 is Nuremberg (Germany).

3. The contract remains binding in its remaining parts even if individual points are legally invalid. In place of the invalid provision, the statutory provisions, if any, apply. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole becomes invalid.

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