1. Validity of the General Terms and Conditions
(1) These general terms and conditions for guest accommodation apply to contracts for the rental of holiday apartments for accommodation as well as all other services and deliveries provided by the provider for the guest. The provider’s services are provided exclusively on the basis of these general terms and conditions.
(2) The subletting or re-letting of the holiday home provided and its use for purposes other than residential require the prior written consent of the provider.
(3) The guest’s terms and conditions only apply if they have been agreed in advance. Deviations from these conditions are only effective if the provider has expressly confirmed them in writing.
2. Accommodation Agreement
(1) The accommodation contract is concluded when the provider confirms the guest’s booking request by telephone or in writing by post, email and/or fax and thus accepts the booking (acceptance of application).
(2) Contractual partners are the provider and the guest. If a third party has ordered for the guest, they are liable to the provider together with the guest as joint debtor 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 correctness of the booking confirmation. If the content of the booking confirmation differs from the booking request and the guest does not raise objections immediately, the content of the booking confirmation is deemed to be contractually agreed.
3. Services, prices, payment, offsetting
(1) The provider is obliged to keep the holiday apartment booked by the guest available and to provide the agreed services. The apartment corresponds to the equipment 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 applicable or agreed prices of the provider for the rental of the holiday apartment and the other services used by him. This also applies to services and expenses of the provider to third parties caused by the guest.
(3) All prices include the respective statutory VAT.
(4) The guest is obliged to provide truthful information about the number of people occupying the holiday apartment. The holiday apartment is available for a maximum of the number of people specified in the booking confirmation according to § 2 paragraph 1. Occupancy with a larger number of people requires the prior written consent of the provider.
(5) Payment of the price agreed for the use of the holiday apartment and for other services agreed with the guest is due up to 7 days before arrival by bank transfer to the provider’s account or on the day of arrival at the latest when the keys are handed over. It must be made in cash at this time, unless the provider has expressly agreed to a different method of payment to the guest. EC and credit cards cannot be accepted as means of payment on site.
(6) The provider reserves the right to demand a reasonable advance payment from the guest prior to arrival for the price agreed for the rental of the holiday apartment and for other services agreed with the guest. If an advance payment is requested with the booking confirmation according to 2 paragraph 1, this is due on the 8th day after the transmission of the booking confirmation. If the Provider is unable to post an incoming payment by the 8th day after the transmission of the booking confirmation, and if this is not paid after a reasonable period of grace set by the Provider has expired with the threat of rejection, the Provider is entitled to withdraw from the contract; he must notify the guest of this in writing. 5 para. 3 is then to be applied accordingly with the proviso that the 8th day after the transmission of the booking confirmation is considered the day of the cancellation.
(7) The guest can only offset a claim from the provider with an undisputed or legally established claim.
4. General rights and. obligations; House rule
(1) The guest must treat the holiday home and its inventory with care. The guest is obliged to comply with the house rules. From 10:00 p.m. to 7:00 a.m. the night rest applies. During this time, special consideration for the roommates and neighbors is required. TV and audio devices are to be set to room volume.
(2) For the duration of the rental of the holiday apartment, the guest is obliged to keep windows and doors closed when leaving the holiday apartment, to regulate all radiators to a low level and to switch off lights and technical devices.
(3) The accommodation of pets of any kind is not permitted in the holiday apartment. If animals are accommodated without the prior consent of the provider, he reserves the right to refuse accommodation in the accommodation.
(4) There is a general ban on smoking in the holiday apartment. In the event of violations, the provider can charge a cleaning fee of up to €200.00 (net). Smoking is only allowed on balconies and terraces.
(5) Internet use is permitted provided it does not violate the statutory provisions. Criminal acts (in particular illegal downloads, page views) will be reported and prosecuted. The guest alone is liable for illegal use of the internet. The provider does not guarantee constant availability. We would like to point out that the provider has no influence on the data volume, speed and condition of network operation and that liability is excluded.
(6) The introduction and/or attachment of materials for decoration or similar is not permitted in the holiday apartment. The guest is solely liable for any decorations or similar that are included and/or attached and releases the provider from third-party claims. He is also obliged to compensate for damage caused by the installation and/or attachment of decorations or similar.
(7) The provider has a right of access to the holiday apartment at any time, especially in the event of imminent danger. Reasonable consideration must be given to the guest’s interests worthy of protection when exercising the right of access. The provider will inform the guest in advance about exercising the right of access, unless this is unreasonable or impossible under the circumstances of the individual case.
5. Withdrawal from the contract (cancellation; cancellation)
(1) A withdrawal by the guest from the contract concluded with the provider requires the written consent of the provider. If this does not take place, the agreed price from the contract must be paid even if the customer does not make use of the contractual services. This does not apply in cases of delay in performance by the provider or in the impossibility of providing the service for which he is responsible.
(2) The guest can only withdraw from the contract without triggering claims for payment or damages on the part of the provider if the possibility of withdrawal by a specific 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 default by the provider or an impossibility of service provision for which he is responsible.
(3) The cancellation conditions valid at the time of booking apply.
6. Liability; statute of limitations
(1) The provider is liable for his obligations under the contract. Liability is limited to intent and gross negligence on the part of the provider if and to the extent that the statutory provisions do not require absolute unlimited liability. Should disruptions or defects occur in the provider’s services, the provider will endeavor to eliminate the disruption or defect if the guest becomes aware of it or if the guest complains immediately. The guest is obliged to do what is reasonable for him to eliminate the disruption or defect and to keep possible damage to a minimum. Neither the provider nor the owner can be held liable for road or construction work for which he is not responsible. Also for noise pollution of any kind, such. The provider is not liable for ringing bells or similar.
(2) The provider is not liable for items brought in by the guest; they are not considered to be items brought in within the meaning of §§ 701 f. BGB. A liability of the provider according to these regulations is thus expressly excluded. This expressly also applies to valuables that the guest keeps and/or leaves behind in the holiday apartment.
(3) The guest is liable for all damage that he, his fellow travelers or his visitors culpably caused in the house of the holiday apartment, in the holiday apartment and/or on the inventory of the holiday apartment. A private liability insurance is recommended for the guest. The guest is obliged to report any damage to the provider immediately. This applies in particular to damage that can also affect other apartments in the house (e.g. water damage, fire damage).
(4) The provider is not liable for the loss or damage caused by things you brought in, including cars and bicycles. Bringing your own property into the rental property, including parking the car or bicycle in the parking lot and shelter, is at your own risk.
(5) Claims by the guest expire in six months, unless the provider is liable due to intent. Claims by the provider become statute-barred within the respective statutory period.
7. Arrival and departure, key handover; Late Eviction
(1) The holiday apartment is regularly available from 3 p.m. on the day of arrival. You must arrive by 6 p.m. unless a later arrival time has been expressly agreed with the provider in advance. An arrival before 3 p.m. can also only take place if this has been expressly agreed in advance with the provider.
(2) If you arrive after 6 p.m., the keys may be handed over via a key box with a code.
(3) The provider can demand payment of a deposit of €150.00 upon arrival. The provider will refund this deposit if the apartment is vacated in good time and all keys are handed over on the day of departure, unless otherwise agreed with the guest and provided the apartment does not show any damage for which the guest is responsible. In the event of further damage to the holiday apartment and/or the inventory, the guest pays the amount of money required for the compensation in cash on site (§ 249 Para. 2 BGB).
(4) On the day of departure, the guest must vacate the holiday apartment by 10 a.m. at the latest. If the 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 if the room is vacated after 10:00 a.m. but before 12:00 p.m.; b) 100% of the agreed accommodation price/night if the room is vacated after 12 p.m. In addition, the provider is entitled to compensation for all further damage incurred as a result of a delayed eviction.
(5) The eviction in accordance with paragraph 4 is only deemed to have been effected when all keys have been handed over to the provider or his representative. For this purpose, the guest can, if this has been expressly agreed with the provider beforehand, leave all the keys on the table in the holiday apartment and close 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.
(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) Changes or additions to the contract, the acceptance of applications or these General Terms and Conditions should be made in writing. Unilateral changes or additions by the guest are invalid.
(2) The law of the Federal Republic of Germany applies exclusively to the contract.
(3) These general guest accommodation conditions are only intended for the personal use of the guest. Commercial use by third parties is expressly prohibited.
(4) Should one of the above provisions be or become invalid or void, this shall not affect the validity of the remaining provisions. The invalid provision is to be replaced by a provision that comes closest to the purpose of the provision to be replaced. In addition, the statutory provisions apply.