General Terms and Conditions (GTC) of BnB Academy UG (haftungsbeschränkt)

§ 1 Scope and contracting parties

1. These General Terms and Conditions apply to all contracts between BnB Academy UG (haftungsbeschränkt), Nördliche Auffahrtsallee 25, 80638 Munich, Germany, registered in the commercial register of the Local Court of Munich under HRB 303848, represented by its managing director Laurin Henkel (hereinafter “Academy”), and the customer (hereinafter “Participant”) for coaching, consulting and training services in the field of short-term rentals.

2. A consumer is any natural person who enters into the contract for purposes that are predominantly outside their trade, business or profession (Section 13 of the German Civil Code (BGB)). An entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the exercise of its trade, business or profession when concluding the contract (Section 14 BGB).

3. Deviating, conflicting or supplementary terms of the Participant only become part of the contract if the Academy has expressly agreed to their validity in text form.

§ 2 Conclusion of contract

1. The presentation of offers on the website, in guides, in presentations or in the initial consultation does not constitute a binding offer but an invitation to submit an offer.

2. The Participant submits their offer by sending the completed booking form, by signing the quotation or by a corresponding declaration in text form. The Participant is bound by this offer for five working days.

3. The contract is concluded upon the Academy’s booking or order confirmation in text form (usually by email). The Academy is not obliged to accept offers.

4. A free initial consultation does not establish a contract for a paid service.

§ 3 Services of the Academy

1. The scope of services results exclusively from the respective service description in the quotation and in the order confirmation. The Academy provides in particular the following types of services:

• Live coaching (1:1): individual coaching sessions in real time via video conference or in person, usually 30 minutes per session.
• Online programme: access to learning content, recordings, templates and a participant community as well as participation in group calls for the agreed term.
• Hybrid programme: combination of the online programme and an agreed number of 1:1 sessions.
• Operational services (“done-for-you”): marketing and/or operational management of the Participant’s properties. A separate individual contract governing scope, remuneration, term and powers of attorney applies additionally to these services; in the event of conflicts, the individual contract takes precedence over these GTC.

2. The Academy owes diligent performance according to the standards of its profession (service contract, Sections 611 et seq. BGB), but not a specific economic result.

3. The Academy is entitled to use suitable and professionally qualified third parties as vicarious agents. There is no entitlement to support by a specific person unless this has been expressly agreed.

4. The Academy may adapt the content, sequence and order of the sessions provided that the achievement of the purpose of the contract is not impaired and the change is reasonable for the Participant.

§ 4 No promise of success; no legal, tax or investment advice

1. The Academy gives no assurance and no guarantee of specific booking numbers, occupancy rates, revenues, returns or other economic results. Key figures and examples from its own operation are empirical values and not a forecast for the individual case. Economic success depends significantly on factors beyond the Academy’s control, in particular location, property, market situation and the Participant’s own implementation.

2. The Academy does not provide legal services within the meaning of the German Legal Services Act (RDG), tax advice within the meaning of the German Tax Consultancy Act (StBerG), or investment, financing or insurance advice. Information on legal, tax or financial topics is general information and does not replace advice from a person authorised to provide it. The Participant is obliged to have such questions clarified on their own responsibility by lawyers, tax advisors or other authorised advisors.

3. All business decisions are made by the Participant on their own responsibility and at their own risk.

§ 5 Cooperation of the Participant

1. The Participant provides the information, figures and documents required for the provision of services in a timely, complete and accurate manner and creates the technical prerequisites for participating in online sessions (stable internet connection, working camera and microphone).

2. Access data for the learning platform, community and materials are personal and may not be passed on to third parties.

3. If the Participant fails to meet their obligations to cooperate despite a request and a reasonable deadline, the Academy may claim the additional expenses caused thereby upon proof. The entitlement to remuneration for agreed sessions remains unaffected.

§ 6 Prices and payment

1. The prices stated in the quotation or order confirmation apply. For consumers, all prices are final prices including statutory VAT; for entrepreneurs, prices are exclusive of the applicable statutory VAT.

2. Unless otherwise agreed, the fee is due in full upon conclusion of the contract and is payable before the start of the first session or before access is activated. Payment in instalments is possible if expressly agreed; the activation of further services may be made dependent on the timely payment of the respective instalment.

3. Payment is made by bank transfer or via the payment service providers offered in the booking process.

4. In the event of late payment, the statutory provisions apply. The Academy may suspend the provision of services until outstanding amounts have been settled, after notifying the Participant accordingly.

5. The Participant may only set off claims that are undisputed or have been finally established by a court. The Participant is only entitled to a right of retention insofar as it is based on the same contractual relationship; the statutory rights of consumers remain unaffected.

§ 7 Appointments, rescheduling and cancellation of sessions

1. Session appointments are agreed by mutual consent.

2. The Participant may reschedule an agreed individual appointment free of charge in text form up to 48 hours before it starts. In the event of a later cancellation or no-show, the session is deemed to have been provided if the Participant is responsible for the non-attendance.

3. If the Academy has to cancel an appointment, it will promptly offer a replacement appointment. If a replacement appointment does not take place for reasons for which the Academy is responsible, the pro-rata fee for this session will be refunded.

4. Sessions not used expire twelve months after conclusion of the contract, provided the Academy has previously informed the Participant in text form of the impending expiry and granted a reasonable period for use.

§ 8 Term, termination and cancellation

1. The contract ends upon complete provision of the agreed services or upon expiry of the agreed term.

2. The right of both parties to terminate for good cause remains unaffected. The Participant’s right to terminate the contract for personal coaching services at any time pursuant to Section 627 BGB also remains unaffected; this right is neither excluded nor impeded by these GTC.

3. If the Participant terminates before the start of the first session or before access is activated, the Academy charges a lump-sum reimbursement of expenses of 10% of the agreed fee. The Participant retains the right to prove that no expenses were incurred or that they were substantially lower.

4. If the Participant terminates after the start, the Academy retains the entitlement to remuneration for the services provided up to the time the termination takes effect; the sessions held and the modules and materials activated are decisive. Further statutory claims of the Academy under Section 628(1) and (2) BGB remain unaffected.

5. Terminations must be made in text form.

6. Insofar as the German Distance Learning Protection Act (FernUSG) applies to the contract, the Participant’s termination rights under Section 5 FernUSG take precedence; these cannot be waived to the detriment of the Participant (Section 8 FernUSG).

§ 9 Right of withdrawal for consumers

Consumers have a statutory right of withdrawal for contracts concluded at a distance or off premises. The following cancellation policy applies.

Cancellation policy

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract.

To exercise your right of withdrawal, you must inform us

BnB Academy UG (haftungsbeschränkt), Nördliche Auffahrtsallee 25, 80638 Munich, Germany, phone: +49 89 69314203, email: info@bnb-academy.de

of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or an email). You may use the attached model withdrawal form, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested that the services begin during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.

Premature expiry of the right of withdrawal

Your right of withdrawal in respect of a contract for the provision of services expires prematurely if we have fully performed the service and have only begun performance after you have given your express consent and at the same time confirmed your knowledge that you lose your right of withdrawal upon full performance of the contract by us.

In the case of a contract for the supply of digital content not supplied on a tangible medium, your right of withdrawal expires prematurely if we have begun performance of the contract after you have expressly agreed that we begin performance before the end of the withdrawal period, and you have confirmed your knowledge that you lose your right of withdrawal by giving your consent upon the start of performance, and we have provided you with a confirmation of the contract.

Model withdrawal form

(If you wish to withdraw from the contract, please complete this form and return it to us.)

To BnB Academy UG (haftungsbeschränkt), Nördliche Auffahrtsallee 25, 80638 Munich, Germany, email: info@bnb-academy.de

• – I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
• – Ordered on (*)/received on (*)
• – Name of consumer(s)
• – Address of consumer(s)
• – Signature of consumer(s) (only if this form is notified on paper)
• – Date

(*) Delete as appropriate.

§ 10 Rights of use, recordings and confidentiality

1. All content provided as part of the services – in particular videos, scripts, guides, templates, calculation files and checklists – is protected by copyright. The Participant receives a simple, non-transferable right of use for their own purposes for the duration of the contract or the agreed access period.

2. Reproduction, distribution, making publicly available or exploitation of the content vis-à-vis third parties is not permitted without the Academy’s prior consent in text form.

3. Recordings of live sessions by the Participant are only permitted with the prior consent of all participants.

4. Both parties treat the business and operational information and personal information that becomes known to them in the course of the cooperation as confidential. This obligation continues to apply beyond the end of the contract.

5. Respectful conduct applies in the participant community. The Academy may remove contributions and, in the event of serious or repeated violations, block access; the entitlement to remuneration remains unaffected in this case.

§ 11 Liability

1. The Academy is liable without limitation for damages resulting from injury to life, body or health that are based on a breach of duty by the Academy, its legal representatives or vicarious agents, as well as for damages resulting from intent and gross negligence, in the event of fraudulent concealment of a defect, within the scope of a guarantee assumed and under the German Product Liability Act.

2. In the event of slight negligence, the Academy is only liable for the breach of a material contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the Participant may regularly rely. In this case, liability is limited to the foreseeable damage typical of the contract at the time of its conclusion.

3. Otherwise, liability is excluded.

4. The above limitations also apply in favour of the Academy’s legal representatives, employees and vicarious agents.

5. In accordance with § 4, the Academy is not liable for decisions made by the Participant on the basis of the content provided, nor for the economic results of the Participant’s activities.

§ 12 Data protection

Personal data is processed in accordance with the statutory provisions. Details can be found in the privacy policy.

§ 13 Final provisions

1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.

2. If the Participant is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is Munich. The same applies if the Participant has no general place of jurisdiction in Germany or relocates their place of residence abroad after conclusion of the contract. For consumers, the statutory places of jurisdiction apply.

3. The European Commission provides a platform for online dispute resolution: https://ec.europa.eu/consumers/odr. The Academy is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

4. Amendments and additions to the contract must be made in text form. This also applies to any amendment of this clause.

5. Should any provision of these GTC be or become invalid, the validity of the remaining provisions remains unaffected. The statutory provisions shall replace the invalid provision.