TERMS & CONDITIONS
ACCOMMODATION SERVICES
Be-My-Guest GbR act as intermediary between the holidaymaker or visitor (hereafter referred to as visitor) and the service provider, owner or landlord/landlady (hereafter referred to as the landlord). Therefore a contract exists only between the landlord and the visitor.
The company Be-My-Guest GbR is not a travel business/tour operator. Therefore, the regulations set forth in the German Civil Law Code on the rights and liabilities of travel businesses are not applicable.
PAYMENT
There are two payment options to secure your booking. Firstly, with Paypal or credit card via the Paypal portal or secondly by good old-fashioned bank transfer.
The visitor makes a pre-payment, a percentage of the booking to Be-My-Guest GbR either via the Paypal payment portal or by bank transfer which secures or holds the booking of the accommodation. The outstanding amount should be paid directly to the landlord upon arrival (usually in cash).
An exception to this rule is Apartment Tor. After the pre-payment has been made for Apartment Tor the outsanding amount can be either paid upfront or in monthly instalments. If the latter method has been chosen then proof of income will be required.
If you choose to use Paypal and are not a registered member, do not worry, it is very easy and you only have to input your credit card details once to register and be able to make a payment to secure booking of the accommodation.
The transaction is made on the Paypal website which offers the highest standards of security and adheres to a strict Privacy Policy so your data is protected. Credit card or bank account details are not shared with Be-My-Guest GbR. (See Data Protection below) To learn more about the security of Paypal please copy and paste the below link into your URL.
https://www.paypal.com/uk/cgi-bin/webscr?cmd=_security-center-outside
Please note that for bookings made over 3 months an additonal 20% booking fee maybe required upon signing the rental contract. Please check the individual listing to see if this is the case.
Payment using Paypal
After the pre-payment authorisation via Paypal is received, Be-My-Guest GbR contacts the landlord to be sure that the accommodation is available for the exact period requested.
It is Be-My-Guest GbR’s aim to confirm the accommodation availability to the visitor within 48 hours. It is only after Be-My-Guest GbR has confirmed the booking availability with the landlord that payment is taken. A confirmation email will then be sent to the visitor which will include all the accommodation details and the contact details of the landlord.
If the accommodation is not available during the requested time period, then no payment will be taken. However, alternatives may be offered if available. If the visitor wishes to choose one of the alternatives suggested, then the visitor would need to start the booking process again on the Be-My-Guest.com website to book the accommodation.
Payment using Bank Transfer
If the visitor wishes to pay the pre-payment via bank transfer then we will firstly contact the landlord to be sure that the accommodation is available for the period requested. The receiving bank is based in Germany so please be aware of any costs involved in the transfer of funds for which Be-My-Guest GbR is not liable.
Be-My-Guest GbR aim to confirm the availability of the accommodation to the visitor within 48 hours. Once we have informed the visitor that it is available, we will hold the particular accommodation for another 48 hours, in which time the visitor needs to initiate the bank transfer. We would need to receive proof of transfer showing that the Bank transfer for the pre-payment has been made (either a scanned in online copy of the bank transfer sent to us by email or a hard copy from the bank via fax). The visitor has 48 hours in which to make the bank transfer and send us proof thereof. It is only then that the accommodation booking process is completed and your accommodation fully reserved.
If we do not receive proof of bank transfer within 48 hours, the accommodation will be marked available again and the visitor’s request will be cancelled. If the visitor is still interested in the accommodation, unfortunately the booking process will need to be started again from the beginning.
BOOKING
Please note that the person making the booking must also be one of the people who will be staying at the accommodation reserved. A person CANNOT book on behalf of another person/group and not be part of the group staying at the accommodation. This is for safety and security purposes, legal reasons and so the owner has the correct information and contact details of the people staying in their accommodation.
Please also note that if you have booked accommodation for a set number of people, then that is the total number of persons permitted to stay in the accommodation. For example if you have booked for 1 person, only 1 person is permitted to stay in the accommodation. After you have made the booking and realise that you may have guests wanting staying over. If it is in an accommdodation that offers this possibility, then an additional amount will need to be paid for them.
CANCELLATION POLICY
Visitors have the right to cancel the accommodation that has been booked at any point. We recommend that visitors arrange appropriate travel insurance in order to cover any possible losses.
If the visitors need to cancel the entire reservation, they need to inform Be-My-Guest GbR in writing by fax, post or email. Be-My-Guest GbR are not open on German public holidays so any correspondence will be considered as received only on the following working day.
For Cancellations received:
30 days or more before arrival: 100% of the pre-payment is refundable.
29-15 days before arrival: only 50% of the pre-payment is refundable.
14 days or less before arrival: 0% of the pre-payment is refundable. The entire pre-payment is forfeited.
7 days or less before arrival: 0% of the pre-payment is refundable plus 1 night’s cost of the accommodation is booked is requested.
Please be aware that under German legislation code, the accommodation owner has the right to charge fees for non-performance (cancellation) by the visitor. It is unlikely that there will be extra costs but please check individual listings to see if there are any additional terms, just in case.
In the unlikely event that Be-My-Guest GbR need to change the visitors’ accommodation after they have confirmed it, Be-My-Guest GbR will endevour to offer the visitors an equivalent alternative accommodation.
Be-My-Guest GbR reserve the right to cancel an exsiting confirmed booking if the information given by the customer is not correct or does not adhere to our terms and conditions or remains unclear even after Be-My-Guest GbR have asked for clarification. This is because of security and legal reasons.
Be-My-Guest GbR are not liable for changes or cancellations that are due to factors beyond their control, such as flood, fire, earthquake, wars, other natural disasters or strikes such as train or airline strikes etc, nor do they make reimbursements in connection therewith.
Be-My-Guest GbR also reserves the right to refuse a booking if it does not adhere to our terms and conditions or we feel could compromise the safety or security of our accommodation that we offer or of its providers.
CHANGES
Visitors wishing to make changes or part-cancellations to their booking must inform Be-My-Guest Gbr in written form by email or fax at least 7 days before arrival at the accommodation.
If a change is not possible then the normal cancellation conditions apply. If a visitor wishes to reduce the length of their stay and informs Be-My-Guest GbR less than 7 days before arrival then the total amount payable would remain the same. Please do not assume that Be-My-Guest GbR has received your notification until you have received a confirmation email reply.
COPYRIGHT
Be-My-Guest GbR do not allow any user of their website to make use of copyright-protected work which can be viewed on the website. The copyright owners are the partners of Be-My-Guest GbR.
VALUE ADDED TAX
Be-My-Guest GbR are small traders (Klien Unternehmen) and are, therefore, able to opt out of paying VAT, which is currently (2009) 19% in Germany.
RATES
Be-My-Guest GbR receives payment in Euros. If visitors are paying in pounds sterling or any currency other than Euros, there may be a charge by their bank for the currency conversion for which Be-My-Guest GbR are not liable.
All prices shown in currencies other than Euros are for indicative purposes only and are not connected with the actual price charged which is always only in Euros. For an up-to-the minute currency comparison please click here.
LIABILITY BETWEEN BE-MY-GUEST AND THE VISITOR
Be-My-Guest GbR cannot be held responsible for matters that form part of a short-stay tenancy agreement between the visitor and the landlord. Hence, a contract exists only between the landlord and the visitor. Be-My-Guest GbR’s liability as an intermediary extends only to gross negligence or intent.
Be-My-Guest GbR advise visitors in the case of complaints about the accommodation or malfunctioning items such as a TV or kettle, to report them immediately to the Landlord as otherwise the visitor may be held responsible for any breakage or malfunction. In no way can Be-My-Guest GbR be held liable for possible cuts in the water, electricity or gas supply as a consequence of exceptional circumstances or emergencies declared by Utility companies.
Be-My-Guest GbR do everything possible and go to great lengths to ensure that the accommodation information is correct and regularly updated. Be-My-Guest GbR are however not liable if the information on their website does not match the true state of the accommodation. Be-My-Guest GbR have no liability for the images or descriptions on its website to truly reflect the state of the accommodation.
Be-My-Guest GbR are not liable for any damages which might arise from websites which have a link to the Be-My-Guest GbR website. Be-My-Guest GbR are also not liable for the contents of these linked websites.
Be-My-Guest GbR are not liable for any possible damages incurred by visitors or others using their website. This is especially applicable in case of computer break-down or temporary failures of computer functions and/or means of communication on the Be-My-Guest website such as temporary failures of communication by e-mail.
LIABILITY BETWEEN BE-MY-GUEST AND ACCOMMODATION PROVIDER
Both Be-My-Guest GbR and the Accommodation provider honestly endeavor not to cause damage to each other or to the tenant. The following terms are merely included as a precaution.
Be-My-Guest GbR are not liable for the accuracy of the information on their website so long as the information is as given by the accommodation provider. If a tenant claims damages from the accommodation provider because of wrong information on Be-My-Guest GbR’s website or other publicity material, the landlord has no right of recourse against Be-My-Guest GbR so long as Be-My-Guest GbR has merely reproduced the information given by the landlord. In cases where Be-My-Guest GbR were expressly authorized to make changes, the landlord is required to check these changes and sign them off.
Be-My-Guest GbR are never liable for any contradictions between their online accommodation listings and the contents of the short-stay tenancy agreement entered into between landlord and tenant. That is also the case if the landlord uses the short-stay tenancy agreement form provided by Be-My-Guest GbR.
Should a tenant successfully claim damages from Be-My-Guest GbR because of wrong information provided to Be-My-Guest GbR by the accommodation provider, then Be-My-Guest GbR has a right of recourse against the landlord.
Be-My-Guest GbR cannot be held liable because the contents of the short-stay tenancy agreement between landlord and tenant might be in favour of the landlord. That is also the case if the landlord uses the short-stay tenancy agreement form provided by Be-My-Guest GbR.
Be-My-Guest GbR undertake no responsibility for non-completion of short-stay tenancy agreements between landlord and tenant.
Be-My-Guest GbR are not liable for damages that a tenant or his guests may cause to the property of the landlord.
The landlord has no rights of recourse against Be-My-Guest GbR because of damages claimed against the landlord by tenants, guests of tenants or other people entitled to the accommodation.
Be-My-Guest GbR are not liable if the guest does not fulfill his duties towards the landlord. For example Be-My-Guest GbR are not liable if the guest does not pay his rental fee or a damage deposit.
ARRIVAL/DEPARTURE
On arrival at the accommodation, visitors need to show their passports or photo ID cards to the contact person. The contact person at the accommodation has the right to refuse admittance to guests who do not present valid identification. Only those persons mentioned on the booking form are allowed to stay in the accommodation. No extra guests are allowed during the stay. If this is not adhered to, the landlord has the right to ask the visitors to leave immediately. Any changes to the names of visitors must be made clear to the contact person or landlord prior to arrival.
The next procedure is the signing by both parties of a simple short-stay tenancy agreement.
Lastly, the balance of the rent due is to be paid directly to the contact person, USUALLY IN CASH, unless prior arrangement has been made with the landlord for a different type of payment. A receipt for the rent received in cash can be given by the landlord/contact person.
DAMAGE DEPOSIT
Some of the accommodation advertised on Be-My-Guest GbR’s website require a damage deposit to be given at the start of the stay as indicated in the description of the accommodation listed on the website. This damage deposit has to be given directly to the landlord/contact person, USUALLY IN CASH, to cover any possible damages including loss of keys and is refundable prior to departure providing no breakages or damages have been incurred. Be-My-Guest GbR are not responsible for any disputes concerning these deposits.
JURISDICTION
Only German substantive law (deutsches materielles Recht) is applicable concerning the legal relations between the visitor and Be-My-Guest GbR. The place of jurisdiction is agreed by both parties to be the local Court in Berlin.
SEVERANCE CLAUSE
If single terms and conditions within these Terms and Conditions or within the "booking form" are void, that does not affect the validity of the other terms and conditions.
DATA PROTECTION
Visitors consent to the storage, processing and usage of their personal data provided to Be-My-Guest GbR, Berlin for marketing purposes by Be-My-Guest GbR only. Within these limits Be-My-Guest GbR are allowed to pass on the data to third parties (ie landlords/contact persons). Under no circumstances will personal data be shared with third parties not involved with the transactions as set out above. Visitors have the right to revoke their consent at any time.
Be-My-Guest GbR consider the protection of their customers’ personal data as a top priority. Credit card details are held only by the payment provider ‘Paypal’.
(Link) https://www.paypal.com/de/cgi-bin/webscr?cmd=p/gen/ua/policy_privacy-outside&country.x=DE