1. Scope and contracting party

1.1 These General Terms and Conditions apply to all contracts concerning the temporary rental of holiday apartments, apartments and other accommodation for temporary lodging, as well as to all related services provided by Bentcrest.

1.2 The contracting party is: Bentcrest, owner Jan-Niklas Bente, Rolfsbütteler Str. 32, 38543 Hillerse, Germany, email: stay@bentcrest.com, telephone: +49 15563 699420.

1.3 These Terms and Conditions apply in particular to direct bookings made via Bentcrest's own booking page, Bentcrest's booking system, by email, by telephone, by messenger service or by any other direct means.

1.4 For bookings made via external booking platforms, in particular Airbnb, Booking.com, FeWo-direkt or comparable platforms, the respective booking, payment and cancellation terms of the relevant platform shall take precedence. These Terms and Conditions apply additionally insofar as they do not conflict with the platform terms.

1.5 Any differing terms and conditions of the guest shall not apply unless Bentcrest expressly agrees to their application in text form.

2. Conclusion of contract and booking

2.1 The presentation of accommodation on the website, in booking systems or on booking platforms does not constitute a legally binding offer, but rather an invitation to make a booking.

2.2 By completing the booking process, the guest submits a binding offer to conclude an accommodation contract.

2.3 The contract is concluded as soon as Bentcrest or the booking system used by Bentcrest confirms the booking.

2.4 Bentcrest is entitled to reject bookings, in particular in the event of incomplete or obviously incorrect information, missing payment, suspected misuse or if the purpose of the stay is not compatible with the contractual use as accommodation.

2.5 The guest has no claim to being provided with a specific accommodation unit if only an accommodation category or an equivalent alternative has been booked. If a specifically designated accommodation unit has been booked, that unit will be provided unless an important reason makes a change necessary.

2.6 Bookings may only be made by persons of legal age, i.e. at least 18 years old. The booking person is the contracting party of Bentcrest and is responsible for all accompanying persons and visitors in accordance with these Terms and Conditions and the statutory provisions.

3. No statutory right of withdrawal for scheduled accommodation services

3.1 For contracts for accommodation services for purposes other than residential purposes, there is no statutory right of withdrawal if the contract provides for the service to be performed on a specific date or within a specific period.

3.2 Any contractual or voluntarily granted cancellation right under these Terms and Conditions remains unaffected.

4. Prices, guest contributions and other charges

4.1 The prices shown at the time of booking apply.

4.2 A total price may be displayed in the booking process, in the offer or in the booking confirmation. In addition to the pure accommodation service, this total price may include, in particular, final cleaning, linen packages, guest contributions, spa taxes, tourism levies or other municipal charges, provided that these are shown as included or are not charged separately.

4.3 Locally levied guest contributions, spa taxes, tourism levies or comparable municipal charges are governed by the applicable statutes of the responsible town, municipality or other competent authority. Bentcrest is entitled and, where applicable, obliged to collect, invoice and remit these charges.

4.4 The guest is obliged to provide all information required to calculate guest contributions, spa taxes, tourism levies or other municipal charges completely and truthfully, in particular the number and age of accompanying persons and, where applicable, the reasons for any reductions.

4.5 If guest contributions, spa taxes, tourism levies or other municipal charges are initially calculated incorrectly due to missing, incomplete or incorrect information, Bentcrest is entitled and obliged to correct the invoice subsequently. Undercharged amounts may be charged subsequently; overpaid amounts will be refunded.

5. Payment terms

5.1 The full invoice amount is due for payment immediately after completion of the booking, unless expressly agreed otherwise.

5.2 In the case of payment by bank transfer, payment must be received within 3 working days after completion of the booking. For short-notice bookings, payment must be made without delay.

5.3 If payment is not received on time, Bentcrest is entitled, after prior reminder, to withdraw from the contract or release the reservation. Any existing statutory or contractual claims of Bentcrest remain unaffected.

5.4 Accepted payment methods are shown in the respective booking process. Cash payment is excluded unless Bentcrest expressly confirms otherwise in advance. Bentcrest may add, restrict or exclude individual payment methods at any time.

5.5 The guest agrees to receive invoices, credit notes and other booking-related documents electronically, in particular by email or via the booking system.

5.6 The guest may only set off claims that are undisputed or have been finally determined by a court.

6. Cancellation, no-show and early departure

6.1 For direct bookings, unless expressly agreed otherwise in the booking process, in the offer or in the booking confirmation, the following cancellation conditions apply:

For stays of up to 27 nights, the booking may be cancelled free of charge until 3 days before the scheduled arrival date. In the event of a later cancellation, no-show or early departure, 90% of the price portion attributable to the pure accommodation service will be charged as flat-rate cancellation costs.

For stays of 28 nights or more, the booking may be cancelled free of charge until 7 days before the scheduled arrival date. In the event of a later cancellation, no-show or early departure, 90% of the price portion attributable to the pure accommodation service will be charged as flat-rate cancellation costs.

6.2 The scheduled arrival date and receipt of the cancellation notice by Bentcrest are decisive for calculating the deadline. Cancellation should be made in text form, in particular by email or via the booking system.

6.3 If a total price is shown in the booking process, in the offer or in the booking confirmation, this may already include guest contributions, spa taxes, tourism levies, other municipal charges, final cleaning costs, linen packages or other included services. Only the price portion attributable to the pure accommodation service is relevant for calculating any cancellation costs.

6.4 Guest contributions, spa taxes, tourism levies, other municipal charges, final cleaning costs, linen packages and unused additional services will not be charged or will be refunded in the event of cancellation, insofar as no stay takes place and the respective costs have not yet been incurred.

6.5 If the accommodation can be rented out to another guest in whole or in part for the cancelled period, the amount thereby generated will be credited against the cancellation costs.

6.6 The guest expressly retains the right to prove that Bentcrest has suffered no damage or significantly lower damage.

6.7 For bookings made via external platforms, in particular Airbnb, Booking.com, FeWo-direkt or comparable platforms, the cancellation conditions shown there shall take precedence.

7. Check-in, check-out and access

7.1 The accommodation is available from 3:00 p.m. on the day of arrival, unless an earlier arrival has been expressly confirmed.

7.2 The accommodation must be vacated by 10:00 a.m. at the latest on the day of departure, unless a later departure has been expressly confirmed.

7.3 Early check-in or late check-out is only possible upon prior request, subject to availability and express confirmation by Bentcrest in text form. There is no entitlement to this.

7.4 Bentcrest may charge an additional fee for a confirmed early check-in or late check-out. The amount will be communicated in advance in each individual case.

7.5 If check-out takes place later than agreed without prior express consent, Bentcrest may charge a flat-rate additional effort fee of EUR 30.00 for each commenced hour. Further actual damages, in particular delays in cleaning, subsequent occupancy or necessary replacement measures, remain reserved. The guest retains the right to prove that Bentcrest has suffered no damage or lower damage.

7.6 Access to the accommodation is usually provided via a key safe or a comparable access solution. Access data must not be passed on to unauthorised third parties.

8. Number of persons, accompanying persons, children and visitors

8.1 The accommodation may only be used by the persons specified in the booking. The number of persons stated in the booking confirmation is decisive.

8.2 The permitted maximum occupancy is determined by the respective accommodation description and booking confirmation. For BergStudio by Bentcrest, the regular maximum occupancy is up to 3 persons, unless otherwise confirmed in the booking process.

8.3 For booking and pricing purposes, the following age groups apply: babies and toddlers are persons under 2 years of age. Children are persons from 2 years up to and including 12 years. Young people from the age of 13 are treated as adults for pricing purposes. The contracting party and booking person may only be a person of legal age, i.e. at least 18 years old.

8.4 Babies and toddlers under 2 years of age may travel free of charge, provided that they are fully stated at the time of booking or no later than before arrival and do not require their own bed, linen package or any other additional service. There is only an entitlement to a baby cot, high chair or other baby equipment if this is expressly offered and confirmed.

8.5 Children aged 2 and over count as regular accompanying persons and are taken into account for occupancy and any additional guest fees. If an additional guest fee is provided for in the booking process, it also applies to children aged 2 and over once the relevant number of persons is reached.

8.6 Guest contributions, spa taxes, tourism levies or comparable municipal charges are governed independently of the above booking and pricing logic by the applicable statutes and requirements of the accommodation location. The guest is obliged to provide the age of all accompanying persons completely and truthfully.

8.7 Unregistered overnight guests are not permitted. If unregistered persons are detected, Bentcrest is entitled to charge an additional usage fee or flat-rate additional effort fee of EUR 35.00 per unregistered person and night, provided that the accommodation of such person is approved retrospectively. Further claims, in particular due to over-occupancy, additional cleaning, damage or breach of municipal registration and levy obligations, remain unaffected. The guest retains the right to prove that Bentcrest has suffered no damage or lower damage.

8.8 Bentcrest is entitled to terminate the stay for good cause in the event of unauthorised over-occupancy or overnight stays by unregistered persons.

8.9 Day visitors are only permitted by prior arrangement and with the consent of Bentcrest. Visitors must comply with the house rules, quiet hours and other requirements. The booking guest is responsible for their accompanying persons and visitors.

9. Registration obligations, guest data and duties to cooperate

9.1 The guest is obliged to provide all information required for the booking, invoicing, collection of guest contributions, registration and performance of the stay completely, correctly and in good time.

9.2 For German citizens, there is currently no special federal hotel registration obligation. However, municipal registration obligations, guest contribution obligations, spa tax obligations or tourism levy obligations remain unaffected insofar as they apply at the location of the accommodation.

9.3 Guests who do not hold German citizenship are obliged, on the day of arrival, to provide the legally required information, sign a special registration form and present a valid identity document, in particular a passport or passport substitute, insofar as this is legally required.

9.4 Bentcrest may request the data required for booking, collection of guest contributions, online check-in, invoicing and statutory obligations digitally in advance. Where necessary to fulfil statutory registration obligations or to verify identity, Bentcrest may require presentation of a valid identity document. A copy, photo or other digital transmission of an identity document will only be requested or stored insofar as this is legally permissible and necessary.

9.5 If the guest fails to fulfil statutory or contractual duties to cooperate despite being requested to do so, or if the identity or the data basis required for levies cannot be sufficiently clarified, Bentcrest is entitled to refuse check-in or terminate the contract for good cause. Statutory claims and cancellation costs remain unaffected.

9.6 The guest is obliged to inform Bentcrest without delay of any changes to accompanying persons, length of stay or other information relevant to invoicing and registration obligations.

10. Use of the accommodation

10.1 The accommodation may be used exclusively for private accommodation purposes unless another use has been expressly agreed in text form.

10.2 Commercial use, onward rental, subletting, transfer to third parties for payment or free of charge, and onward brokerage of the accommodation are prohibited without the prior consent of Bentcrest.

10.3 Photo, film, advertising or social media productions for commercial purposes are only permitted with the prior consent of Bentcrest.

10.4 The guest is obliged to treat the accommodation, inventory, technical equipment, communal areas and outdoor areas carefully and with care.

10.5 During the stay, the guest must ensure appropriate ventilation and heating and must report any damage, faults, defects or unusual soiling to Bentcrest without delay.

10.6 Technical devices and sensors may be used in the accommodation for safety, protection of the accommodation, damage prevention, energy management and operational optimisation. These may include in particular presence sensors, window and door contacts, connected smoke detectors, smart heating thermostats, leakage, temperature and humidity sensors as well as devices for the pure measurement of noise levels in decibels. There is no video surveillance inside the accommodation, no audio recording, no voice recording and no analysis of conversations. The systems used must not be manipulated, covered, switched off, removed or used improperly by the guest. Details on data processing can be found in Bentcrest's privacy policy.

11. House rules, quiet hours and consideration

11.1 The guest undertakes to comply with the generally applicable quiet, safety and usage rules in the building as well as legitimate instructions from Bentcrest, the property management or building management, insofar as these are made known to the guest or arise from generally customary duties of consideration.

11.2 Quiet hours in all Bentcrest accommodations are from 10:00 p.m. to 7:00 a.m., unless stricter local rules apply.

11.3 Noise, music, loud conversations and disruptive behaviour in the accommodation, on balconies, terraces, corridors, stairwells, parking areas or other communal areas must be avoided during quiet hours.

11.4 Parties, events, gatherings or comparable meetings are not permitted.

11.5 In the event of serious or repeated breaches of quiet hours, house rules, neighbourhood consideration or the party ban, Bentcrest is entitled to terminate the stay for good cause. There is no claim to reimbursement of unused nights in this case insofar as the guest is responsible for the reason. The guest retains the right to prove that Bentcrest has suffered no damage or lower damage.

12. Smoking ban, open fire and fire safety

12.1 All Bentcrest accommodations are non-smoking accommodations. Smoking inside the accommodation is prohibited. This also applies to e-cigarettes, vaporisers, heated tobacco products, shishas and comparable devices.

12.2 Smoking on balconies or terraces is only permitted if this is expressly allowed for the respective accommodation and doors and windows to the accommodation remain closed. Cigarette butts must be disposed of properly and must not be thrown from the balcony.

12.3 Open fire and open flames are prohibited inside the accommodation, on balconies, terraces and in communal areas. In particular, candles, tea lights, table fireworks, sparklers, fireworks, incense sticks, oil lamps, fondue or chafing dish burners, gas burners, camping stoves, charcoal grills, gas grills, disposable grills and comparable objects or devices are prohibited. Only electric alternatives without an open flame, in particular LED candles, are permitted.

12.4 In the event of a breach of the smoking ban or the ban on open fire, Bentcrest is entitled to charge the actual additional costs incurred. This includes in particular special cleaning, odour neutralisation, replacement of textiles, damage to inventory, fire, smoke, soot or wax damage and any loss of revenue if further rental is temporarily impossible or unreasonable.

12.5 For the increased cleaning, inspection and processing effort in the event of breaches of the smoking ban or the ban on open fire, Bentcrest may claim flat-rate damages of EUR 250.00. Bentcrest reserves the right to claim higher actual damages. The guest retains the right to prove that Bentcrest has suffered no damage or lower damage.

12.6 Manipulating, covering, removing or switching off smoke detectors, fire extinguishers, emergency exits, safety or protective devices is prohibited. The guest is liable for any resulting damage, deployment costs and consequential costs in accordance with the statutory provisions.

12.7 In the event of a serious breach of fire safety requirements, in particular involving open fire, fireworks, sparklers, smoke development or manipulation of safety devices, Bentcrest is entitled to terminate the stay for good cause.

13. Pets

13.1 Pets are not permitted in Bentcrest accommodations unless an exception has been expressly confirmed in advance.

13.2 Legally recognised assistance dogs, guide dogs for the blind or comparable necessary companion dogs are permitted after prior notification and appropriate proof, provided that there are no compelling reasons to the contrary.

13.3 If a pet is brought along or admitted to the accommodation without permission, Bentcrest is entitled to terminate the stay for good cause and charge actual additional costs incurred, in particular for special cleaning, odour treatment, damage or loss of use. The guest retains the right to prove that no damage or lower damage has occurred.

14. Keys, access devices and inventory

14.1 Keys, access codes, cards, transponders, remote controls, parking permits or other access devices provided must be treated carefully and must not be passed on to unauthorised third parties.

14.2 Upon departure, keys and other items designated by Bentcrest must be returned in accordance with the respective departure information or left in the accommodation at the place designated by Bentcrest. For BergStudio by Bentcrest, the key must be left on the table in the studio upon departure and the door must simply be pulled shut, unless Bentcrest gives different instructions.

14.3 In the event of loss, damage or failure to return keys, access devices, remote controls, parking permits or other inventory, Bentcrest is entitled to charge the actually required replacement, procurement, exchange and consequential costs. In the case of security-relevant keys, this may also include replacing lock cylinders or locking systems, insofar as this is necessary and appropriate.

14.4 Damage to inventory, furnishings, furniture, appliances, building components or communal facilities caused by the guest, accompanying persons or visitors must be reported to Bentcrest without delay and replaced in accordance with the statutory provisions.

15. Cleaning, departure and condition of the accommodation

15.1 Final cleaning is included in the accommodation price or total price unless it is expressly shown separately. It covers the usual cleaning after contractual use.

15.2 The guest is obliged to leave the accommodation upon departure in an orderly and normally used condition. This includes in particular leaving the accommodation swept clean, closing all windows and doors, switching on or loading the dishwasher if available, proper waste disposal in accordance with local requirements, and reporting damage, defects or special incidents.

15.3 Soiling that goes beyond ordinary use may be charged by Bentcrest according to actual effort. This applies in particular to heavily soiled kitchens, sanitary areas, textiles, floors, furniture, odour contamination or improper use.

15.4 Items left behind will only be returned upon request and against reimbursement of shipping and packaging costs. Bentcrest is entitled to charge an appropriate processing fee for this. Liability for items left behind exists only in accordance with the statutory provisions.

16. Damage, deposit and compensation claims

16.1 Bentcrest generally does not charge a deposit unless otherwise agreed in the booking process.

16.2 Waiving a deposit does not constitute a waiver of compensation claims. The guest is liable for damage culpably caused by the guest, accompanying persons or visitors.

16.3 Damage must be reported to Bentcrest without delay. If timely reporting is omitted and this results in additional costs or consequential damage, Bentcrest may charge these to the guest.

16.4 Bentcrest is entitled to charge necessary repair, replacement, cleaning, restoration and consequential costs according to actual effort. This may also include loss of use if the accommodation is temporarily not rentable due to the damage.

16.5 The guest retains the right to prove that no damage or lower damage has occurred insofar as Bentcrest claims flat-rate amounts.

17. Wi-Fi and internet use

17.1 Bentcrest provides the guest with free Wi-Fi access where available. There is no entitlement to permanent, uninterrupted access or to any specific transmission speed.

17.2 The guest undertakes not to use the internet access unlawfully. In particular, copyright infringements, illegal downloads or uploads, file sharing, accessing or distributing criminal content, attacks on IT systems and any other misuse are prohibited.

17.3 Access data must not be passed on to unauthorised third parties or made publicly available.

17.4 The guest indemnifies Bentcrest against third-party claims based on unlawful use of the internet access by the guest, accompanying persons or persons to whom the guest has granted access, insofar as the guest is responsible for the infringement.

18. Defects, disruptions and guest cooperation

18.1 The guest is obliged to report visible defects, disruptions or damage to Bentcrest without delay.

18.2 Bentcrest will endeavour to remedy justified complaints promptly within the scope of what is reasonable.

18.3 The guest is obliged to contribute, to the extent reasonable, to remedying disruptions, limiting damage and enabling Bentcrest to inspect and remedy the issue.

18.4 If the guest culpably fails to report defects in good time, reduction, compensation or other claims may be excluded in whole or in part insofar as Bentcrest could have remedied the issue if it had been reported in good time.

19. Liability of Bentcrest

19.1 Bentcrest is fully liable for damages arising from injury to life, body or health caused by a breach of duty by Bentcrest, its legal representatives or vicarious agents.

19.2 Bentcrest is also fully liable for damages based on intentional or grossly negligent breach of duty.

19.3 In cases of simple negligence, Bentcrest is only liable for breach of essential contractual obligations whose fulfilment is necessary for the proper performance of the contract and on whose compliance the guest may regularly rely. In this case, liability is limited to the typical, foreseeable damage under the contract.

19.4 Further claims for damages are excluded to the extent permitted by law.

19.5 Bentcrest is only liable for disruptions outside Bentcrest's area of responsibility, in particular failures of electricity, water, heating, internet, public utility networks or weather-related impairments, insofar as Bentcrest is responsible for them.

19.6 If a parking space is provided, this does not create a safekeeping agreement. Bentcrest assumes no monitoring or custody obligation for parked vehicles or items located inside them. Liability is governed by the statutory provisions.

20. Withdrawal and termination by Bentcrest for good cause

20.1 Bentcrest is entitled to withdraw from the contract or terminate the accommodation contract without notice for good cause if continuation of the contractual relationship is unreasonable for Bentcrest.

20.2 Good cause exists in particular if the guest fails to make due payments despite reminder, provides false or misleading information regarding identity, number of persons, age group, length of stay or purpose of stay, fails to fulfil statutory registration or cooperation obligations, uses the accommodation in breach of contract, commercially, illegally or immorally, allows unregistered persons to stay overnight, exceeds the maximum permitted occupancy, causes significant disruptions, noise, parties or breaches of quiet hours, breaches the smoking ban, the ban on open fire or the pet ban, manipulates, covers, removes or deactivates technical devices or sensors, manipulates safety or fire protection devices, causes damage or fails to report imminent damage, or if the stay significantly impairs the proper operation, safety, neighbourhood or reputation of Bentcrest.

20.3 In the event of justified termination for good cause for which the guest is responsible, there is no claim to reimbursement of unused nights insofar as Bentcrest suffers corresponding damage as a result. Saved expenses and any possible re-rental will be credited. Further claims of Bentcrest remain unaffected. The guest retains the right to prove that Bentcrest has suffered no damage or lower damage.

21. Vouchers, discount codes and Bentcrest Honor

21.1 Vouchers, discount codes, member benefits and benefits from programmes such as Bentcrest Honor may only be redeemed in accordance with the respective stated conditions.

21.2 Cash payment is excluded.

21.3 Vouchers, discount codes and member benefits are only valid for the specified period, the specified accommodation, the specified booking channel or the specified group of persons, insofar as restrictions are provided for.

21.4 Bentcrest is entitled to reject or cancel vouchers, discount codes or member benefits in the event of misuse, technical malfunction, obvious error or breach of the respective redemption conditions.

21.5 Already confirmed benefits remain unaffected unless there is misuse, an obvious error or a breach of the redemption conditions.

22. Data protection

22.1 Bentcrest processes the guest's personal data for the purpose of carrying out the booking, payment processing, communication, invoicing, fulfilment of legal obligations, collection of guest contributions, administration of the stay and, where applicable, the safe and proper operation of technical devices and sensors in the accommodation.

22.2 Details can be found in Bentcrest's privacy policy, available at https://www.bentcrest.com/privacy-policy.

22.3 Where external payment service providers, booking systems, platforms or technical service providers are used, their privacy information also applies.

23. Consumer dispute resolution

23.1 Bentcrest is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

24. Final provisions

24.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

24.2 The place of performance and payment is, insofar as legally permissible, the registered office of Bentcrest.

24.3 If the guest is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is the registered office of Bentcrest.

24.4 If any provision of these Terms and Conditions is or becomes invalid in whole or in part, the validity of the remaining provisions remains unaffected. The statutory provisions shall apply in place of the invalid provision.

24.5 Amendments and additions to the contract must be made in text form unless a stricter form is required by law.