General terms and conditions of business
Terms and conditions of business
§1 Validity of the General Terms and Conditions
(1) The following general terms and conditions apply to contracts for the rental of holiday apartments for accommodation, as well as all other services provided for the tenant. The provider’s services are provided exclusively on the basis of these general terms and conditions.
(2) Subletting and subletting of the rented holiday apartment is expressly prohibited. In addition, the use of the holiday home for purposes other than residential purposes is prohibited.
(3) The guest’s terms and conditions only apply if agreed in advance. Agreements on deviations from these general terms and conditions are only effective if they have been expressly confirmed in writing by the provider.
§ 2 Booking/Booking confirmation
Booking requests are to be made via the specified interface.
If the apartment is available in the specified period, you will receive written confirmation of the booking.
If you have received a booking confirmation from us and the down payment to be made by you (see § 3) has been made, the contract between you and us has come into existence.
§ 3 Terms of payment
The deposit of 20% of the total amount is due with the booking confirmation and is to be paid to the provider. The remaining payment is due no later than 21 days before arrival. For short-term bookings, the total amount must be paid immediately.
If there is a delay in payment, we are entitled to charge interest on arrears at the statutory rate above the respective base interest rate (5%). In addition, we reserve the right to charge dunning costs in the event of default. The customer has to bear the costs of a necessary claim by third parties to enforce the claim.
The customer has to bear the transfer costs for a transaction from abroad himself, so that the total amount is to be paid to us free of charge. Only payments by bank transfer are accepted, no cash, credit cards or checks.
§ 4 Arrival and departure
The apartment is handed over by the provider in a cleaned form with a complete inventory. The provider must be informed immediately of existing defects or defects that occur during the rental period. The customer is liable for damage caused by him to the rented property and to the inventory. This applies in particular to lost keys.
The customer has to bear the costs for changing the lock and making new keys in the event of loss. The inventory is to be treated with care and is only intended to remain in the holiday apartment. Adjusting furnishings, especially beds, is expressly prohibited. The customer is fully liable for the fault of fellow travelers. Termination without notice is possible in the event of non-contractual use of the holiday apartment, as well as disturbance of the peace in the house, etc., or non-payment of the total price. The rent paid up to that point remains with the provider.
If there is liability insurance, this must be informed and communicated to the provider. This includes all relevant information such as name, address, insurance number, claim number, etc.
§ 6 Pets
The accommodation of any kind of pets is expressly prohibited in the apartment, as well as in the outdoor area. In the event of non-compliance, the customer bears the costs for professional cleaning.
§ 7 Stay
Only the persons listed at the time of booking are entitled to stay in the holiday apartment. If there are other unauthorized persons in the apartment, the provider can set a fee that is determined in the rental price. At the same time, the provider has the right to terminate the contract without notice. Subletting is not permitted.
The customer agrees to the general terms and conditions and the house rules for the holiday home. The declaration of consent takes place with the payment made. If there are violations of the general terms and conditions or the house rules, the provider has an extraordinary right of termination without notice. There is no right to a refund of the booking price for the holiday apartment or compensation.
§ 8 Travel cancellation
If the tenant withdraws from the rental agreement, he is obliged to pay part of the agreed rent in the form of compensation. The amount of compensation depends on the time of the declaration of cancellation and the day of arrival and is as follows:
up to 60 days before the day of arrival 20% of the agreed price
up to 45 days before the day of arrival 40% of the agreed price
up to 30 days before the day of arrival 60% of the agreed price
up to 15 days before the day of arrival 80% of the agreed price
1 day before the day of arrival or if the customer does not arrive 90% of the agreed price
It is advisable to take out travel cancellation insurance.
§ 9 Cancellation by the landlord
If we have to cancel the trip due to circumstances beyond our control, we are obliged to reimburse you for the costs you have paid. Circumstances beyond our control are force majeure, accident, illness, etc. A claim for damages for circumstances beyond our control does not exist, this also applies to travel and hotel costs. Withdrawal by the landlord after the start of the rental period is possible without observing a deadline if the tenant, despite a warning, behaves in breach of the contract or violates the house rules.
§ 10 Liability of the landlord
The landlord is liable for the proper provision of the rental property. Liability for unacceptable events and their consequences is excluded.
§ 11 Use of internet access via WiFi
§ 11.1. Permission to use internet access via WiFi
The Internet connection maintained by the landlord can be used by the tenant during his stay via WiFi. Persons accompanying the tenant who are also entitled to stay in the holiday apartment are also entitled to use the Internet access. The landlord does not guarantee the actual availability, suitability or reliability for the respective stay.
The landlord is entitled to allow co-users and to restrict or exclude access in whole, in part or temporarily. This is particularly the case if there is an abusive reason that could lead to claims being made by a third party.
In addition, the landlord reserves the right to block certain sites or services via the WiFi, e.g. (sites that glorify violence, are pornographic or are subject to a fee).
§ 11.2. Access data
The access data are provided by the landlord. Passing on this confidential data to third parties who are not authorized to stay is prohibited and can result in claims for damages. The landlord’s right to change WiFi login data remains unaffected.
§ 11.3. Dangers of WiFi Use, Limitation of Liability
The tenant is advised that the WiFi only allows access to the Internet. The tenant is responsible for anti-malware software. The landlord assumes no responsibility for possible damage or damage-triggering events, etc., but only provides the possibility of use.
It is expressly pointed out that there may be a risk of loading the device with malware such as (viruses, Trojans, etc.). The use of the WiFi is at the own risk of the tenant and the users authorized to stay.
§ 11.4. Accountability and Release from Claims
The tenant is personally responsible for the services used, be they services, works, etc., or legal transactions, as well as liabilities. Claims against the landlord arising from the use by the tenant and the costs that may arise from this are excluded. The tenant must comply with the applicable law when using the WiFi.
All consequences of actions that violate applicable law must be borne by the tenant.
This applies, for example, to the retrieval or distribution of immoral or illegal content, the distribution of copyrighted goods and their duplication, illegal file sharing, insults, defamation, harassment, threats, etc.
The tenant indemnifies the landlord from all damages and claims by third parties based on illegal use of the WiFi by the tenant and/or on a violation of the present agreement, this also extends to costs associated with the claim or its defense and expenses. If the landlord recognizes or must recognize that such a violation of rights and/or such a violation has occurred or is imminent, he must inform the tenant of this circumstance.
§ 12 House Rules, General Rights and Obligations
(1) The guest is obliged to behave in accordance with the house rules. The night’s rest from 10 p.m. to 6 a.m. must be observed. All disturbances due to volume, light, etc. are to be refrained from.
(2) The guest is obliged to ensure that windows and doors are properly closed when leaving the holiday apartment.
(3) The accommodation of domestic animals of any kind is expressly not permitted.
(4) There is a general smoking ban in the holiday home. In the event of non-compliance, we reserve the right to claim cleaning costs or compensation for any damage incurred. Smoking is permitted on the balcony and terrace as long as there is no nuisance to neighbors. Otherwise this is not to be done.
(5) Tensioning washing lines on the balcony is not permitted. A drying rack is available for this purpose.
(6) Bringing in or attaching decorations in the holiday apartment is not permitted. The landlord reserves the right to demand compensation for damage caused by the installation and attachment of these.
§ 13 Written form
Agreements other than those listed in this contract do not exist. Verbal agreements were not made. The general terms and conditions are accepted with bank transfer and deposit.
§ 14 Severability Clause
Should one or more provisions of these General Terms and Conditions become ineffective, this shall not affect the validity of the remaining provisions. The ineffective provision is to be replaced by an effective one that comes as close as possible to the economic purpose of the ineffective provision.