General Terms and Conditions
Status: 05.02.2024
The following terms and conditions govern the contractual relationship between you (hereinafter referred to as the guest) and the owner, who provides vacation apartments temporarily for use in return for payment (hereinafter referred to as the provider), and/or provides other services and deliveries (hereinafter also referred to as services).
§ 1 Legal basis
(1) These General Terms and Conditions apply to contracts for the provision of vacation apartments as well as all other services and deliveries provided to the guest by the provider (accommodation contract). All services and deliveries are provided exclusively on the basis of these General Terms and Conditions. Deviations from these terms and conditions are only effective if the provider has expressly confirmed them in writing. The application of any terms and conditions of the guest is excluded, unless their application has been agreed in writing with the provider. (2) The contractual agreements concluded with the guest, including these General Terms and Conditions, shall take precedence over the statutory provisions; mandatory statutory provisions shall remain unaffected. The contractual relationship between the guest and the provider shall otherwise be governed by the statutory provisions.
§ 2 Conclusion of contract
(1) With the booking request, which can be made verbally, in text, written or electronic form, the guest makes a binding offer to the provider to conclude a contract on the basis of the property description, all supplementary information on the provider's website and these terms and conditions. (2) The accommodation contract and/or a contract for other deliveries and services is concluded when the provider confirms the guest's booking request and thus accepts the booking (acceptance of application); the acceptance of application does not require any particular form. After conclusion of the contract, the guest shall receive a written copy of the booking confirmation. (3) 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 the contract, provided that the provider has a corresponding declaration from the third party. (4) The guest is obliged to check the booking confirmation for accuracy. If the content of the booking confirmation deviates from the booking request and the guest does not immediately raise objections to this, the content of the booking confirmation shall be deemed to be contractually agreed.(5) The subletting or re-letting of the vacation apartment or its use for purposes other than vacation accommodation is excluded, unless the provider and guest have agreed otherwise in writing. (6) The vacation apartment may only be used by the persons specified in the registration. Over-occupancy, extra beds and the reception of own guests is not permitted! Over-occupancy without prior agreement will be charged at a flat rate of EUR 200.00. The pitching of tents is prohibited! (7) The vacation apartment is to be returned as found. This means that everything is back in its place and the dishes have been washed.
§ 3 Services
(1) The provider is obliged to keep the vacation apartment booked by the guest available and to provide the agreed services. The provider only assumes a guarantee for expressly promised equipment features, but not for the subjectively perceived quality of the equipment. (2) The guest is obliged to pay the provider's applicable prices or those agreed with the provider for the provision of the vacation apartment and the other services and deliveries used by the guest. This also applies to services and expenses of the provider to third parties arranged by the guest. (3) 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 number of persons stated in the booking confirmation. Occupancy by a greater number of persons requires the prior written consent of the provider. Over-occupancy without prior agreement will be charged at a flat rate of EUR 300.00.
§ 4 Prices, payment, offsetting, deposit
(1) The agreed price for the provision of the vacation apartment and for the other services agreed with the guest must be paid upon booking. (2) If the period between conclusion and fulfillment of the contract exceeds 10 months and if the price generally charged by the provider for the agreed services increases, the provider may increase the contractually agreed price appropriately, but by no more than 10%. (3) All prices include the respective statutory value added tax. (4) The guest may only offset an undisputed or legally established claim against a claim of the provider and only to the extent that the claims are based on the same contractual relationship.
§ 5 Withdrawal from the Contract and Cancellation
(1) A right of withdrawal of the guest from the contract concluded with the provider (contractual right of withdrawal) is generally excluded; paragraph 2 remains unaffected. The agreed price must therefore be paid even if the guest does not make use of the contractual services; this does not apply in cases of delay in performance by the provider or an impossibility of performance for which the provider is responsible. (2) The guest may only withdraw from the contract if the possibility of withdrawal by a certain date has been agreed in writing between the guest and the provider. The guest's right of withdrawal shall expire 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) In the event that the guest is entitled to withdraw from the contract in accordance with paragraph (2), the guest shall owe a fraction of the agreed price as follows:
in the event of cancellation up to 42 days before the agreed date of arrival - 20% of the service price if canceled up to 14 days before the agreed date of arrival
50% of the service price if canceled less than 14 days before the agreed date of arrival
100% of the service price.Cancellations must be made in writing to the provider.
The day on which the cancellation is received by the provider is deemed to be the day of cancellation. (5) The subletting or re-letting of the vacation apartment or its use for purposes other than vacation accommodation is excluded, unless the provider and guest have agreed otherwise in writing. (6) The vacation apartment may only be used by the persons specified in the registration. Over-occupancy, extra beds and the reception of own guests is not permitted! Over-occupancy without prior agreement will be charged at a flat rate of EUR 200.00. The pitching of tents is prohibited! (7) The vacation apartment is to be returned as found. This means that everything is back in its place and the dishes have been washed.
§ 6 Liability; expiry and limitation of claims
(1) The provider shall be 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. (2) The provider is not liable for items brought in by the guest, including valuables; they are not considered items brought in within the meaning of § 701 BGB. Should the provider nevertheless be liable in this respect on legal grounds, his liability shall be determined in accordance with §§ 702, 702a BGB. (3) The guest is liable for all damages that he, his fellow travelers or his visitors have culpably caused in the vacation apartment and/or to the inventory of the vacation apartment. Private liability insurance is recommended for the guest. The guest is obliged to notify the provider of any damage immediately. This also applies in particular to damage that may also have an effect on (e.g. water damage, fire damage). (4) The expiry and/or limitation of claims of the guest and/or the provider shall be determined in accordance with the statutory provisions.
§ 7 Arrival and departure, handover of keys, late vacating, loss of keys
(1) The vacation apartment is regularly available from 3 p.m. on the day of arrival. Arrival must take place by 6 p.m., unless a later arrival time is expressly agreed with the provider in advance. Arrival before 3 p.m. can also only take place if this has been expressly agreed with the provider in advance. (2) The guest is obliged to present a valid identity card or passport to the provider upon arrival. (3) On the day of departure, the guest must vacate the vacation apartment by 11.00 a.m. at the latest (general tidying up) and leave it swept clean. If the vacation apartment is vacated late, the provider is entitled to an additional payment from the guest. This amounts to: a) 50% of the accommodation price if the apartment is vacated after 11.30 am but before 1.00 pm; b) 100% of the agreed accommodation price if the apartment is vacated after 1.00 pm. In addition, the provider is entitled to compensation for all further damages incurred as a result of late eviction. (4) Eviction shall only be deemed to have been effected when all keys have been handed over to the provider or his representative. The guest is obliged to check that the apartment door and windows are properly closed and that the heating is turned off.(5) 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. (6) If guests leave their key in the house, lose the key and can no longer get into the house, they must contact us immediately. There is no guarantee of availability, in an emergency a locksmith must be called, the costs for all subsequent costs of opening the door are borne by the guest.
§ 8 General rights and obligations and 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. From 10 p.m. to 7 a.m. the night's rest applies. During this time, special consideration must be given to the neighbors. To avoid disturbance, 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 in the vacation apartment is only permitted with the prior written consent of the provider. The provider may charge a reasonable surcharge for the accommodation of animals. If animals are accommodated without the provider's prior consent, the provider may charge a cleaning fee of at least € 200.00 (net). (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 at least € 200.00 (net). Should it not be possible to re-let the apartment due to a breach of the smoking ban, or only with a delay, the guest must compensate for the resulting damage.(5) Internet use is permitted as long as 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 any unlawful use of the Internet. (6) The installation and/or attachment of materials for decoration or similar is not permitted in the vacation apartment. The guest shall be solely liable for any decorations or the like that are nevertheless installed and/or attached and shall indemnify the provider against claims by third parties. The guest 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. When exercising the right of access, due consideration must be given to the guest's legitimate interests. The provider shall inform the guest in advance about the exercise of the right of access, unless this is unreasonable or impossible for him in the circumstances of the individual case.
§ 9 Use of the parking lot
(1) If the guest uses the parking lot, this does not constitute a safekeeping agreement. The provider is not obliged to monitor the parking lot. (2) In the event of loss of or damage to motor vehicles parked or maneuvered on the provider's property and their contents, the provider shall only be liable in the event of intent or gross negligence on his part.
§ 10 Final provisions
(1) Amendments or additions to the accommodation contract must be made in writing to be effective; the same applies with regard to the amendment of the written form requirement. (2) The contract shall be governed exclusively by the law of the Federal Republic of Germany; the exclusive place of jurisdiction shall be 10117 Berlin, Germany, insofar as legally permissible. (3) 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 shall apply.
