Terms and conditions

1. Scope and definitions

The business relationship between Bella Residencia Immobilienverwaltungs GmbH (hereinafter referred to as Bella Residencia) and the customer (hereinafter referred to as the Customer) is 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 recognised unless Bella Residencia expressly agrees to their validity in writing.

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.

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

 

2. Contract formation, booking and no right of withdrawal

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

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.

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, these Terms and Conditions and the Order Confirmation, will be sent to the Customer on a durable medium, by email or paper printout. The contract text will be stored in compliance with data protection regulations.

The contract is formed in the German language.

A statutory right of withdrawal does not exist pursuant to section 312g(2)(9) of the German Civil Code (BGB).

 

3. Prices and payment

The prices indicated on the website constitute final prices inclusive of the respectively applicable value added tax. The prices include all ancillary costs and final cleaning, unless otherwise stated or agreed between the parties. Services charged according to consumption, for example electricity, heating or water, may be invoiced separately.

The prices published on the website at the time of booking apply. Older prices become invalid upon publication of newer prices.

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. The final payment is due no later than four weeks prior to arrival. If a payment is not received by the relevant due date, Bella Residencia reserves the right to terminate the contract with immediate effect.

 

4. Accommodation services

An accommodation contract is formed between the Customer and Bella Residencia through the 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 must inform Bella Residencia in good time of an expected later arrival. The property must be returned by 10:00 on the day of departure.

The Customer is obliged to accept the booked accommodation. The accommodation may only be used for its intended purpose and the rooms and furnishings must be treated with care and in accordance with the house rules.

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

 

5. Cancellation, non-arrival and substitute occupancy

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

In the event of cancellation, the Customer may name a substitute person who enters into the accommodation contract with all rights and obligations. Bella Residencia may object if that person or their fellow travellers do not comply with the contractual agreements or if other circumstances essential to the contract do not apply.

Bella Residencia recommends taking out travel cancellation insurance.

If the Customer cancels the booking or does not use the booked service, the obligation to pay the agreed price remains in principle. The scaled cancellation fees are:

  • up to the 90th day before the start of occupancy: 30% of the travel price;
  • from the 89th to the 60th day: 50%;
  • from the 59th to the 30th day: 75%;
  • from the 29th day until the day before occupancy, or non-arrival without notice: 95%.

Bella Residencia will make reasonable efforts to re-rent the accommodation for the affected period. Revenue from a successful re-rental will be credited against the cancellation fee, proportionally where applicable. Bella Residencia is not obliged to achieve a re-rental. The guest may demonstrate that no loss or a substantially lower loss was incurred.

 

6. Cancellation by Bella Residencia

If performance of the contract is made considerably more difficult, endangered or impaired as a result of force majeure unforeseeable at the time of formation, either party may terminate the contract. Bella Residencia may terminate after occupancy begins if the Customer or fellow travellers persistently cause a disturbance despite a warning, or behave contrary to the contract to an extent that justifies immediate termination. This applies in particular to intentional or grossly negligent damage and culpable breaches of the obligations in section 9, including applicable local noise regulations.

If the contract is terminated by Bella Residencia, it retains the claim to the total price but must allow for saved expenses and advantages obtained from any other use of the property.

 

7. Security deposit

Bella Residencia is entitled to demand a security deposit of €1,000 for Finca Bella Roca and €2,000 for Villa Riviera after the contract has been formed. The deposit is generally due 14 days before arrival.

If the property, its facilities or garden show damage upon return for which there is reasonable cause to believe that the Customer or fellow travellers are responsible, Bella Residencia may retain the expected cost of covering the damage from the security deposit.

Bella Residencia provides a statement no later than seven days after departure and refunds the remaining deposit, taking any retentions into account.

 

8. Liability

Claims by the Customer for damages are excluded. This does not apply to claims arising from injury to life, body or health, breach of material contractual obligations, or 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.

In the event of a breach of material contractual obligations, Bella Residencia is only liable for foreseeable damage typical for the contract if caused by simple negligence, unless the claim concerns loss of life, limb or health.

These limitations also apply in favour of the legal representatives and vicarious agents of Bella Residencia if claims are asserted directly against them.

The limitations do not apply if Bella Residencia has fraudulently concealed a defect or assumed a guarantee for the quality of the item.

 

9. Obligations of the Customer

The property may only be occupied by the number of persons stated in the contract. In the event of over-occupancy, Bella Residencia may demand appropriate additional remuneration and, where applicable, compensation for fines. Excess persons must leave immediately.

Guests may visit without staying overnight. Overnight accommodation requires prior express consent, regardless of available sleeping facilities. Consent may be made dependent on an additional charge.

Alternating occupancies or changes in the persons occupying the property are not permitted without express consent. An additional charge may be required in the event of conduct contrary to the contract.

Tents, caravans and similar accommodation may not be placed on the property.

The Customer must treat the property and its facilities with care and report damage or defects immediately during occupancy.

Areas expressly excluded from the contractual services may not be entered.

The accommodation must be left tidy, clean and orderly. Leftover food and rubbish must be removed or disposed of.

Pets are not permitted.

 

10. Limitation periods and dispute resolution

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 by a legal representative or vicarious agent, become statute-barred in three years. This also applies to claims for other damages based on a grossly negligent breach by Bella Residencia or a wilful or grossly negligent breach by a legal representative or vicarious agent.

All other claims become statute-barred within twelve months.

The limitation period 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.

Bella Residencia does not participate in voluntary consumer dispute resolution proceedings under the German Consumer Dispute Resolution Act (VSBG).

 

11. Final provisions

Contracts between Bella Residencia and the Customer are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. Statutory limitations on the choice of law and mandatory provisions, particularly those of the state in which the Customer as a Consumer has their habitual residence, remain unaffected.

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 is Nuremberg, Germany.

The remaining parts of the contract remain binding if individual points are legally invalid. Statutory provisions apply in place of an invalid provision where available. If this would represent unreasonable hardship for either party, the contract as a whole becomes invalid.

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