General Terms and Conditions for Guests
A. Scope and Incorporation
b&b Zentrale Witt u. Hildebrecht GbR (hereinafter referred to as "b&b Zentrale") operates the online portal located at the URL https://www.bed-and-breakfast.de (hereinafter referred to as "b&b Zentrale"). On this presentation platform, b&b Zentrale, acting as the franchisor, offers its franchisees—who are based in various German cities and hereinafter referred to as "Agencies"—the opportunity to list private accommodations provided by third parties (hereinafter referred to as "Hosts") for booking via the Agency's own dedicated sub-page.
The following General Terms and Conditions (GTC) apply to all services offered by b&b Zentrale and its Agencies on the online portal at https://www.bed-and-breakfast.de. The Host's terms and conditions apply to the accommodation contract concluded between the Guest and the Host.
Before a booking request is submitted, the Agency or b&b Zentrale draws attention to these GTC in a clearly legible manner. The GTC can be accessed directly, saved, and printed via a clearly marked hyperlink. By submitting a booking request, the Guest declares their agreement to the applicability of these GTC.
Any conflicting or deviating general terms and conditions of the Guest shall not apply unless b&b Zentrale or the respective Agency expressly agrees to their applicability in writing.
B. Conclusion of a contract
I. A Guest's booking request is directed straight to the Agency. Any subsequent communication also takes place exclusively between the Agency and the Guest, or between the Guest and the Host. In response to a booking request, the Agency sends the Guest an email containing an offer for the specific accommodation requested or one or more proposals for available accommodations in the requested city. A booking confirmation form is attached to this email. To accept an offer, the guest must return the completed booking confirmation form to the agency. Acceptance of the offer establishes the accommodation contract between the guest and the host.
II. When arranging accommodation, the agencies act as representatives of the respective hosts. The accommodation contract is concluded exclusively between the guest and the respective host. The agency is the contracting party for the booking service. b&b Zentrale Witt u. Hildebrecht GbR operates solely as the presentation platform and is not a party to the accommodation or booking service contracts. Changes to a booking or subsequent bookings can only be made through the agencies.
C. Prices, Taxes, and Levies
I. Payment of the final price is made—depending on the arrival date—either by the guest to the host upon arrival or in advance to the agency via bank transfer.
The final price includes the agency commission (plus applicable statutory VAT) and the accommodation costs.
II. The majority of hosts are exempt from VAT as small business owners pursuant to Section 19 (1) of the German Value Added Tax Act (UStG). In the exceptional case that a host is liable for VAT, the accommodation price and other services provided by the host include VAT at the statutory rate. Information regarding VAT liability or exemption status can only be obtained directly from the host. Upon request, the host will issue an invoice to the guest that either lists the VAT separately or indicates the VAT exemption.
III. Any local tourism levies—provided they are mandatory and fixed in amount—are listed separately prior to the conclusion of the booking and are not included in the final price. These must be paid by the guest directly to the host on site.
D. Liability
I. The following liability rules apply to claims by the guest against b&b Zentrale and the agencies:
• b&b Zentrale and the agencies are liable in accordance with statutory provisions for willful misconduct and gross negligence, as well as for injury to life, limb, or health.
• In the event of simple negligence resulting in a breach of essential contractual obligations (obligations the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the guest may regularly rely), liability is limited to the foreseeable damage typical for the contract.
• Otherwise, liability for simple negligence is excluded. b&b Zentrale is not liable for the provision of the accommodation service or for damages caused to the guest by the host. The respective host is solely responsible for these matters.
E. Cancellation Costs/Right of Withdrawal
I. If the guest withdraws from the accommodation contract prior to arrival, the host may demand flat-rate compensation. This is calculated as follows, based on the final price:
• 9 to 27 days prior to arrival: 25%
• 1 to 8 days prior to arrival: 50%
• On the day of arrival: 80%
In the event of withdrawal at least 28 days prior to arrival, a processing fee of €25.00 will be charged.
The guest reserves the right to prove that no damage occurred or that the damage incurred was significantly lower.
II. For contracts regarding accommodation services for a specific date or period, consumers have no right of withdrawal (Section 312g Para. 2 No. 9 of the German Civil Code [BGB]). Any statutory rights of withdrawal or termination remain unaffected.
F. Content/Reviews/Notice-and-Action
I. Content posted by guests (e.g., reviews) must be factually accurate and must not infringe upon the rights of third parties. The Agency/b&b Zentrale is not obliged to conduct a preliminary review but will investigate reports of legal infringements and remove unlawful content without undue delay upon becoming aware of it.
II. The decision as to whether a review of an accommodation is made publicly accessible rests solely with b&b Zentrale and/or the Agency. Consequently, the guest has no claim against b&b Zentrale or the Agency for the publication of their review.
III. The guest shall indemnify the Agency/b&b Zentrale against all third-party claims arising from legal infringements attributable to the guest’s content (e.g., violation of general personal rights, copyright and trademark infringements). This includes the reimbursement of costs for necessary legal defense in this regard.
G. Applicability to Consumers and Entrepreneurs, Place of Jurisdiction
These General Terms and Conditions apply to both consumers and entrepreneurs. Mandatory consumer protection regulations remain unaffected. If the guest is an entrepreneur, the exclusive place of jurisdiction for all disputes arising from or in connection with the brokerage relationship shall be the registered office of the respective Agency or b&b Zentrale. For consumers, the statutory place of jurisdiction applies.