B&B Cologne
Bed and Breakfast Agency
Hotel Reservation Service

Accommodation Office Cologne

General Terms and conditions of Business (GTC)

1. Reservations and Conclusion of Contract

1.1

We provide customers with accommodation services on behalf of third parties (service providers: private hosts as well as hotels). An accommodation contract is concluded solely between the customer and the service provider stated by us. We are neither contractual partners within the scope of the accommodation contract nor a travel business within the meaning of § 651 a BGB (German Civil Code)

1.2

B&B Cologne, acting as an agency, is free of charge for the customer. The customer's reservation through us is an application for the conclusion of an accommodation agreement with the service provider. We are authorized by the service provider to accept the application.

1.3

Reservations can be made in writing, orally, by telex or electronically (email, internet). On making a reservation, the person booking is responsible for both his own obligations as well for those of all named persons taking part in the reservation.

1.4

The accommodation contract with the service provider is then concluded on receipt of the customer's application included in the reservation. We as representatives of the service provider declare acceptance as authorized. Acceptance is in particular the confirmation of the reservation, which we send to the customer immediately or hand over in person on site. In the case of Internet reservations, the confirmation of reservation is sent by separate email on conclusion of the reservation process.


2. Provisions of Accommodation Agreement

The following provisions apply to the accommodation agreement between the service provider and the customer:

2.1

Payment: On making a reservation, an advance payment becomes due, namely amounting to a maximum of 30% of the total amount. In the case of reservations made up to 14 days before the day of arrival, the advance payment can be effected per credit transfer or credit card. Otherwise (reservations made less than 14 days before arrival) only per credit card. The remaining amount not covered by the advance payment is paid directly to the service provider (in the case of private hosts in cash and immediately on arrival). The customer's exact means of payment will be determined in the offer. Should the customer not comply with the means of payment determined in the offer, then he has to pay the cancellation fee stipulated under No. 2.3 of the Terms and Conditions.

2.2

Arrival: Arrival takes place on the day of arrival by 6 p.m. (hotels) and between 6 p.m. and 8 p.m. (private hosts). Should the customer not be able to arrive until after 6 p.m. (hotels) or after 8 p.m. (private hosts), he must inform the service provider and obtain his agreement to the later arrival. Otherwise, there is no entitlement to accommodation; should arrival be cancelled (cancellation of an event, etc.) and/or the customer does not make use of the accommodation service, the provision of cancellation as stated under No. 2.3 comes into effect.

Departure: Departure takes place on the day of departure by 10 a.m. at the latest. A later departure involves the invoicing of a further overnight stay.

2.3

Cancellation: The customer can effect the cancellation of the accommodation agreement with B&B in a declaration in writing, sent by fax or electronically transmitted (email). Should the cancellation be effected at short notice (up to 4 days before arrival), the customer must additionally declare the cancellation to the service provider immediately in writing by fax or electronically (email).

Should the service provider be a private host, the customer has to pay a cancellation fee amounting to 80% to 100% of the total amount (in accordance with legal requirements).

Should the service provider be a hotel, the hotel's own regulations apply.

Should the customer not appear, 100% is due.

The service providers reserve the right to show proof of higher damage than the general cancellation fee; this applies in particular in the case of the room not being otherwise occupied. The customer has the liberty to show proof of less damage than the generalized cancellation fee; in that case, a cancellation fee of only 30% of the total amount is due.

Should the customer not make use of the contractual services and without the service provider's confirmation, the price agreed upon in the contract is still to be paid. This does not apply in cases of default by the service provider or an impossibility to render the service to be represented by him. In the case of the rooms not made use of by the customer, the service provider has to deduct the returns from the alternative renting of the rooms as well as costs saved. It is the service provider's option to generalize the damage arising and to be replaced by the customer (agreed price less returns from alternative renting and costs saved). The customer is then obliged to pay 90% for the bed and breakfast. The customer has the option to prove that no damage was incurred or the damage for the service provider was lower than the sum demanded.

A change of reservation (exchange of guest as well agreement of additional services with the service provider) is not a cancellation and does not result in cancellation fees as long as B&B confirms this correspondingly. A shortening of the duration of stay, a reduction in the number of guests and changing the period of stay to another are, however, cancellations and result in cancellation fees.

3. Provisions in the Relationship between Customer and the Accommodation Agency

In the relationship between the customer and the accommodation agency, the following apply: The accommodation agency is liable without limitation for intent and culpable negligence as well as for damage arising from injury to life, body and health. Apart from that, liability of the accommodation agency is limited to foreseeable and contract-typical damage arising from the type of the provision service. The accommodation agency is not liable for fault outlying their field of responsibility (e.g. incorrect descriptions, over-occupancy).

4. Final Provision

The following applies to both the accommodation agreement and the relationship between the customer and the accommodation agency:

4.1

The law of the Federal Republic of Germany applies.

4.2

Should the customer be a businessman, a corporate body under public law or public funds, the sole court of jurisdiction for all disputes arising from the accommodation agreement and in the relationship between the customer and B&B is Cologne. The same applies should the customer have no general national legal domicile or place of residence or the customer's habitual residence is moved to abroad after the conclusion of contract or the customer's place of residence or the customer's habitual residence is unknown at the time of the institution of legal proceedings.

4.3

Should individual provisions of these General Terms of Business be or become ineffective in part or in whole, the validity of the remaining provision will remain unaffected. The whole or partly ineffective provision is to be replaced by a provision whose economic success comes closest to the ineffective provision.