General terms and conditions
B! Apartments
Holiday apartments
Thomas Breidenbach, hereafter “the provider”.
As of 03 December 2007
Part 1 Application of the conditions
1.1 The service given by the provider is based exclusively on these terms and conditions. These also apply for all future business relations even if not expressly agreed.
1.2 The following regulations apply exclusively. Regulations from the guest which contradict or deviate from these regulations are not valid unless approved in writing by the provider.
1.3 Deviations from these regulations are only valid if approved in writing by the provider.
Part 2 Offer and conclusion of contract
2.1 The services offered by the provider are without engagement and non-binding. The written confirmation of the provider by post or e-mail is required in order for declarations of acceptance and all other descriptions in respect of the extent of the services offered to become legally binding. This also applies to additions, changes or additional agreements.
2.2 The provider’s staff are not authorized to enter into oral additional agreements or to give oral assurances which exceed the extent of the written contract.
Part 3 Reservation
3.1 Internet reservations are binding. The apartments and guest rooms are available to you from 15.00 on the day of arrival and until 12.00 on the day of departure.
3.2 We keep the apartment or room available for you until 20.00. Should you arrive later, simply inform us by e-mail or telephone.
Part 4 Prices, date of payment and delay in payment
4.1 The whole price for the accommodation is due, less any payment in advance, on the day of arrival. The following methods of payment are accepted: cash or by credit card (if agreed in advance).
4.2 The conditions regarding bank transfer or cash payments are contained in the accommodation contract.
4.3 The price list is subject to change. The current prices will take the place of the previously valid prices and become part of this contract. The guest will be informed of the updating of the price list at least one month in advance in writing. In the case of a price increase the guest has the extraordinary right to cancel the contract in addition to the reasons for termination stated in Part 8. The extraordinary cancellation should take place in writing no later than one week after the announcement of the increase. The date that the provider receives the cancellation determines the timeliness of the cancellation.
4.4 Should guests fall into arrears concerning outstanding invoices, they are obliged to pay interest charges for the delay in payment amounting to 5% p.a. above the base rate of the European Central Bank. This does not exclude further claims for a delay in payment by the provider, especially in the case of verifiable evidence of higher damages suffered concerning the amount of interest.
4.5 If the reservation is cancelled after the arrival of the guest the whole price is to be paid for the entire period booked. This will be calculated on the basis of the list price of the accommodation already used by the guest.
4.6 Claims against the provider by the guest can only be made in the case of undisputed or legally valid claims arising from this contract. This also applies for the retention of payment.
Part 5 Cancellation
5.1 We cannot accept responsibility for bad weather, sickness, changes to timetables and delays. We have to be informed at least eight days in advance of arrival of any cancellation of a confirmed reservation. If this deadline is not observed we require partial compensation of the total price for the stay. The information stated below shows the maximum cancellation charges. We endeavour to keep the cancellation charges to a minimum as it is often the case that the apartment can be reserved by third parties. We are very strict concerning cases where the guest does not appear (NO SHOW). In cases of emergency we reserve the right to exchange the apartment reserved for a similar or even better apartment.
- in the case of cancellations more than eight days before arrival – no cancellation charges
- in the case of cancellations by the guest within eight days of arrival 100% of the whole price of the stay is due.
- in the case of cancellations on the day of arrival or later – the payment of the price of the whole stay in cash.
5.3 Other arrangements are only possible if agreed in writing by the provider.
Part 6 Guarantee and liability
6.1 The provider is not liable for the loss of, or damage to, any personal objects or the inventory and the premises if these are caused intentionally, or due to gross negligence, by guests in their treatment of the inventory or premises or arise due to the guests’ violation of their legal responsibilities.
6.2 The provider is not liable for the unforeseeable, unavoidable and exceptional failure to provide a service due to force majeure. Cases of force majeure are those which are beyond the provider’s control such as natural catastrophes and strikes.
6.3 In the case of slight negligence the provider is only liable for the violation of duties which are relevant to the contract (cardinal duties). Furthermore, the pre-contractual, contractual and extra-contractual liability of the provider is restricted to intent or gross negligence. This restriction of liability also applies to faults arising from the provider’s vicarious agents. The amount of the provider’s liability for damages is restricted to those which are typical and foreseeable for contracts.
Part 7 Data protection and the exchange of data
7.1 The customer is hereby informed according to Section 33 clause 1 of the German Data Protection Act as well as Section 4 of the Teleservice Data Protection Regulation that the provider records the customer’s name and address in machine-readable form and treats it mechanically for the tasks deriving from the contract. The provider is only entitled to reveal the customer’s information if it is requested by state authorities.
Part 8 Final provisions
8.1 The law of the Federal Republic of Germany applies to all contracts. It is agreed that Berlin is exclusively the place of jurisdiction for any disputes which arise in connection with any contract.
8.2 The location of performance and fulfillment is Berlin.
8.3 Should individual provisions of this contract be, or become, invalid, this shall have no effect on the validity of the remaining provisions.
In place of the invalid provision or for the closure of an omission, an appropriate regulation that comes as close as possible to the regulation desired by the parties had they been aware of this situation, shall apply.



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