Terms & Conditions
Definitions:
Accommodation Provider:
Blue Passion S.L. (Business operations of the accommodation Cinco Elementos).
Guest:
Any natural person making use of the accommodation. As a rule, the guest is also the contracting party. Any persons travelling with the contracting party (e.g., family members, friends, etc.) are also considered guests.
Contracting Party:
Any natural or legal person, domestic or foreign, who concludes an accommodation contract for themselves or on behalf of a guest.
Consumer and Trader:
These terms are to be understood in accordance with the applicable statutory consumer protection regulations.
Accommodation Contract:
The contract concluded between the accommodation provider and the contracting party, the content of which is regulated in more detail below.
Conclusion of the Contract:
Any reservation made via the website or by other means shall initially be considered a non-binding reservation. The accommodation contract shall only come into effect once the accommodation provider confirms the contracting party’s order in writing via email and the required deposit has been received in full. The reservation becomes a legally binding booking only upon receipt of the deposit. The accommodation provider is entitled to conclude the accommodation contract on the express condition that the contracting party makes a deposit. In this case, the accommodation provider shall inform the contracting party of the obligation to pay a deposit before accepting the order. If the contracting party agrees to the deposit (in writing or verbally), the accommodation contract shall only come into effect upon receipt of the declaration of consent and the arrival of the deposit payment by the accommodation provider. The contracting party is obliged to pay the deposit at the latest 7 days before the start of the accommodation (the receipt of payment is decisive). The contracting party shall bear all costs associated with the money transaction (e.g., bank transfer fees). For credit and debit cards, the respective conditions of the card companies shall apply. The deposit shall be credited against the agreed total fee.
Arrival and Departure:
The contracting party has the right to occupy the rented rooms from 15:00 onwards on the agreed day ("arrival day"), unless the accommodation provider offers a different check-in time. The rented rooms must be vacated by 11:00 at the latest on the day of departure. If the rooms are not vacated on time, the accommodation provider is entitled to invoice an additional day.
Cancellation of the Accommodation Contract by the Accommodation Provider:
If the accommodation contract provides for a deposit and this has not been paid within the time limit, the accommodation provider may cancel the contract with immediate effect without granting a grace period. Up to 3 months before the agreed arrival date of the contracting party at the latest, the accommodation provider may dissolve the contract unilaterally for objectively justified reasons, unless otherwise agreed.
Cancellation by the Contracting Party – Cancellation Fees:
Up to 3 months before the agreed arrival date of the guest at the latest, the contracting party may dissolve the accommodation contract unilaterally without paying a cancellation fee. Outside of this period, and notwithstanding the absence of a statutory right of withdrawal, cancellation is only possible subject to the payment of the following cancellation fees: - up to 1 month before arrival: 40% of the total price - up to 1 week before arrival: 70% of the total price - within the last week before arrival: 90% of the total price
Provision of Alternative Accommodation:
The accommodation provider may provide the contracting party or the guests with adequate alternative accommodation (of the same quality) on the property, provided this is reasonable and objectively justified. An objective justification is given, for example, if the booked unit has become unusable, guests already present extend their stay, overbooking occurs, or urgent operational measures require this step. Any extra expenses for the alternative accommodation shall be borne by the accommodation provider.
Rights of the Contracting Party:
By concluding an accommodation contract, the contracting party acquires the right to the standard use of the rented rooms, the generally accessible facilities of the accommodation establishment on the grounds, and the standard service.
Obligations of the Contracting Party:
The contracting party is obliged to pay the agreed fee at the latest upon arrival, plus any additional costs (e.g., extra services) and the statutory value-added tax (IGIC). If the accommodation provider accepts foreign currencies or cashless means of payment, the contracting party shall bear all associated costs. The contracting party shall be liable for all damages caused by themselves, their guests, or accompanying persons in connection with the use of the units and the property.
Rights of the Accommodation Provider:
If the contracting party refuses to pay the owed fee or falls into arrears, the accommodation provider shall have a statutory right of retention and a lien on the property brought into the premises by the contracting party.
Obligations of the Accommodation Provider:
The accommodation provider is obliged to provide the agreed services in accordance with the standard corresponding to the establishment. Special services (e.g., use of the sauna, whirlpool, rental equipment, etc.) are to be paid for separately unless they are expressly included in the price.
Liability of the Accommodation Provider:
The accommodation provider shall not be liable for items brought in by the contracting party unless they have expressly accepted them for safekeeping. In cases of minor negligence, liability is excluded. In business-to-business transactions, liability for gross negligence is also excluded.
Pets:
Bringing pets onto the property requires the prior consent of the accommodation provider and may be subject to a separate fee. The contracting party is obliged to ensure proper supervision of the animal on the grounds and to provide proof of corresponding liability insurance.
Extension of Stay:
There is no entitlement to an extension of the stay. If a timely request is made, the accommodation provider may agree to an extension.
Termination of the Accommodation Contract – Premature Dissolution:
The accommodation contract ends upon expiry of the agreed period. If the contracting party leaves their unit prematurely, the accommodation provider is entitled to demand the full agreed fee. The accommodation provider may dissolve the contract with immediate effect for good cause (e.g., severe misconduct, breach of house rules on the grounds, payment default, or force majeure).
Illness or Death of the Guest:
If a guest falls ill during their stay, the accommodation provider shall arrange for medical assistance upon request or in case of emergency. The guest shall bear all resulting costs.
Place of Performance, Jurisdiction, and Governing Law:
The place of performance is the registered office of the accommodation provider. The place of jurisdiction for business-to-business transactions shall be Hamburg.
Miscellaneous:
The accommodation provider is entitled to offset their own claims against claims of the contracting party. The contracting party may only offset claims that are undisputed or have been legally established by a court of law.
Sample Tenancy Agreement:
You can view and download our sample tenancy agreement as a PDF in German, English and Spanish here: