1 Validity of the GTC
(1) These General Guest Accommodation Terms and Conditions apply to contracts for the rental of vacation apartments for accommodation as well as all other services and deliveries provided by the provider for the guest. The services of the provider are provided exclusively on the basis of these General Terms and Conditions.
(2) The subletting or re-letting of the rented vacation apartment as well as its use for purposes other than residential purposes require the prior written consent of the provider.
(3) The guest’s terms and conditions shall only apply if these have been agreed in advance. Deviations from these terms and conditions are only effective if the supplier has expressly confirmed them in writing.
2. accommodation contract
(1) The accommodation contract is concluded when the provider confirms the guest’s booking request by telephone or in writing by post, e-mail and/or fax and thus accepts the booking (acceptance of request).
(2) The contractual partners are the provider and the guest. If a third party has ordered on behalf of the guest, he shall be liable to the provider together with the guest as joint and several debtors for all obligations arising from this contract, provided that the provider has a corresponding declaration from the third party.
(3) The guest is obliged to check the booking confirmation for accuracy. If the content of the booking confirmation differs from the booking request and the guest does not raise objections to this immediately, the content of the booking confirmation shall be deemed to be contractually agreed.
3. services, prices, payment, offsetting
(1) The provider is obliged to keep the vacation apartment booked by the guest available and to provide the agreed services. The apartment corresponds to the standard of an average rental apartment. The provider only assumes a guarantee for expressly promised equipment features, but not for the subjective quality of the equipment (e.g. ventilation).
(2) The guest is obliged to pay the provider’s applicable or agreed prices for the provision of the vacation apartment and the other services used by him. This also applies to services and expenses of the provider to third parties arranged by the guest.
(3) All prices include the respective statutory value added tax.
(4) The guest is obliged to provide truthful information about the number of persons occupying the vacation apartment. The vacation apartment is available for a maximum of the period stated in the booking confirmation in accordance with § 2 Para. 1 number of persons available. Occupancy by more than this number of persons requires the prior written consent of the provider.
(5) Payment of the price agreed for the provision of the vacation apartment and for the other services agreed with the guest is due up to 5 days before arrival by bank transfer to the provider’s account or at the latest on the day of arrival when the keys are handed over. Payment must be made in cash or by card at this time, unless the provider has expressly agreed to a different method of payment with the guest.
(6) The provider reserves the right to demand a reasonable advance payment from the guest prior to arrival for the price agreed for the provision of the vacation apartment as well as the other services agreed with the guest. If an advance payment is made with the booking confirmation in accordance with 2 para. 1, this is due on the 8th day after the booking confirmation has been sent. If the provider is unable to record receipt of payment by the 8th day after sending the booking confirmation, and if payment is not made even after a reasonable grace period set by the provider with a threat of refusal has expired, the provider is entitled to withdraw from the contract and must inform the guest of this in writing. 5 para. 3 shall then apply accordingly, with the proviso that the 8th day after the booking confirmation is sent is deemed to be the day of cancellation.
(7) The guest may only offset an undisputed or legally established claim against a claim of the provider.
4. general rights and obligations, house rules
(1) The guest must treat the vacation apartment and its inventory with care. The guest is obliged to comply with the house rules (available in the apartment). From 10 p.m. to 7 a.m. the night’s rest applies. During this time, special consideration must be given to other residents and neighbors. TV and audio equipment must be set to room volume.
(2) For the duration of the rental of the vacation apartment, the guest is obliged to keep windows and doors closed when leaving the vacation apartment, to set all radiators to a low setting and to switch off lights and technical devices.
(3) The accommodation of pets of any kind is only permitted in selected vacation apartments. If animals are accommodated without the provider’s prior consent, the provider reserves the right to refuse accommodation in the accommodation.
(4) There is a general smoking ban in the vacation apartment. In the event of non-compliance, the provider may charge a cleaning fee of up to € 200.00 (net). Smoking is only permitted on balconies and terraces.
(5) Internet use is permitted as long as it does not violate legal regulations. Criminal acts (in particular illegal downloads, page views) will be reported and prosecuted. The guest alone is liable for any unlawful use of the Internet. The provider does not guarantee constant availability. We would like to point out that the provider has no influence on data volume, speed and the state of network operation and that liability is excluded.
(6) The installation and/or attachment of materials for decoration or similar purposes is not permitted. is not permitted in the vacation apartment. The guest shall be solely liable for any decorations or the like that are nevertheless brought in and/or attached and shall indemnify the provider against third-party claims. He is also obliged to compensate for any damage caused by the installation or attachment of decorations or similar.
(7) The provider has the right to access the vacation apartment at any time, especially in the event of imminent danger. Appropriate consideration must be given to the interests of the guest that are worthy of protection when exercising the right of access. The provider shall inform the guest in advance of the exercise of the right of access, unless this is unreasonable or impossible in the circumstances of the individual case.
5 Withdrawal from the contract (cancelation)
(1) Withdrawal by the guest from the contract concluded with the provider requires the written consent of the provider. If this is not done, the agreed price from the contract must be paid even if the customer does not make use of contractual services. This shall not apply in the event of a delay in performance on the part of the provider or an impossibility of performance for which the provider is responsible.
(2) The guest may only withdraw from the contract without triggering payment or compensation claims by the provider if the possibility of withdrawal by a certain date has been agreed in writing between the guest and the provider. This right of withdrawal of the guest expires if he does not exercise his right of withdrawal in writing to the provider by the agreed date, unless there is a case of delay in performance on the part of the provider or an impossibility of performance for which he is responsible.
(3) Cancellation conditions valid at the time of booking apply.
6 Liability, statute of limitations
(1) The provider is liable for its obligations under the contract. Liability is limited to intent and gross negligence on the part of the provider, if and insofar as the provider does not have unlimited liability under the statutory provisions. Should disruptions or defects occur in the provider’s services, the provider shall endeavor to remedy the disruption or defect upon knowledge thereof or upon immediate complaint by the guest. The guest is obliged to make reasonable efforts to remedy the disruption or defect and to minimize any possible damage. Neither the provider nor the owner can be held liable for road or construction work for which they are not responsible. The provider is also not liable for noise disturbances of any kind, such as the ringing of bells or similar.
(2) The provider is not liable for items brought in by the guest; they are not considered items brought in within the meaning of §§ 701 et seq. BGB. Any liability of the provider under these provisions is therefore expressly excluded. This also expressly applies to valuables that the guest stores and/or leaves behind in the vacation apartment.
(3) The guest is liable for all damages that he, his fellow travelers or his visitors have culpably caused in the house of the vacation apartment, in the vacation apartment and/or to the inventory of the vacation apartment. Private liability insurance is recommended for guests. The guest is obliged to notify the provider of any damage immediately. This applies in particular to damage that may also affect other apartments in the building (e.g. water damage, fire damage).
(4) The provider is not liable for any loss or damage caused by items brought in by you, including cars and bicycles; bringing your own property into the rental property, including parking the car or bicycle in the parking lot and parking space, is at your own risk.
(5) The guest’s claims shall lapse after six months, unless the provider is liable due to intent. Claims of the provider shall lapse within the respective statutory period.
7. arrival and departure, handover of keys, late evacuation
(1) The vacation apartment is regularly available from 2.30 p.m. on the day of arrival. Arrival must take place by 5.30 pm, unless a later arrival time is expressly agreed with the provider in advance. Arrivals before 2.30 p.m. can also only take place if this has been expressly agreed with the provider in advance.
(2) If you arrive after 5:30 p.m., the keys will be handed over via a key box with a code.
(3) The provider may demand a deposit of € 150.00 upon arrival. The provider shall refund this deposit if the vacation apartment is vacated on time and all keys are returned on the day of departure, unless otherwise agreed with the guest and provided that the vacation apartment has not suffered any damage for which the guest is responsible. In the event of further damage to the vacation apartment and/or the inventory, the guest shall pay the amount of money required for compensation in cash on site (§ 249 Para. 2 BGB).
(4) On the day of departure, the guest must vacate the vacation apartment by 10.00 a.m. at the latest, unless otherwise agreed between the two parties. If the vacation apartment is vacated late and not previously agreed, the provider is entitled to an additional payment from the guest. This amounts to a) 50.00 € for evacuation after 10.00 a.m. but before 12.00 noon, b) 100 % of the agreed accommodation price/night if the room is vacated after 12.00 noon. In addition, the provider shall be entitled to compensation for all further damages incurred as a result of delayed evacuation.
(5) The eviction pursuant to para. 4 shall not be deemed to have been effected until all keys have been handed over to the provider or its representative. For this purpose, the guest may, if this has been expressly agreed with the provider in advance, leave all keys in an agreed place in the vacation apartment and lock the apartment door. The guest is obliged to check that the apartment door is properly closed.
(6) If one or more keys are lost, the guest must pay the provider compensation for their replacement and, if necessary, for the installation of new locks.
8. data protection
(1) The personal data provided by the guest will not be passed on to third parties by the landlord, unless this is necessary for the execution of the contract.
9. final provisions
(1) Amendments or additions to the contract, the acceptance of the application or these General Terms and Conditions should be made in writing. Unilateral changes or additions by the guest are invalid.
(2) The contract shall be governed exclusively by the law of the Federal Republic of Germany.
(3) These General Guest Accommodation Terms and Conditions are intended for the personal use of the guest only. Commercial use by third parties is expressly prohibited.
(4) Should any of the above provisions be or become invalid or void, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision that comes closest to the purpose of the provision to be replaced. In all other respects, the statutory provisions apply.