Cancellation
(1) Cancellation of the contract concluded with the provider by the guest requires the provider's written consent. If such consent is not given, the agreed price under the contract is payable even if the customer does not make use of the contractual services. This does not apply in cases of default by the provider or impossibility of performance for which the provider is responsible.
(2) Should the tenant need to cancel their booking, cancellation of the contract is only possible in writing. At the tenant's request, the landlord will endeavor to find a suitable replacement tenant. Should the tenant provide a suitable replacement tenant themselves, a transfer of the booking and the issuance of a new rental agreement are required, which can only be done by the landlord. In both of these cases, the amount of the contractually owed cancellation fees (see list below) will be limited to a €30 processing fee. Cancellation of the rental agreement is only valid with a written declaration! The date of receipt of the written cancellation notice by the landlord is decisive.
(3) If no suitable replacement tenant is found for the cancelled period, the rent must be paid by the tenant, or a refund must be made by the landlord if the remaining payment has already been made, as follows:
- Cancellation up to 45 days before arrival: 15% of the remaining payment
- Cancellation up to 31 days before arrival: 25% of the remaining payment
- Cancellation up to 21 days before arrival: 50% of the remaining payment
- Cancellation up to 11 days before arrival: 80% of the remaining payment
- then 90% of the remaining payment
(4) If a holiday apartment is not used by the guest, the provider must take into account the income from renting the holiday apartment to other parties as well as the expenses saved.
(5) If a right of withdrawal for the guest within a specific period has been agreed in writing in accordance with paragraph 2, the provider is entitled to withdraw from the contract within this period if inquiries from other guests for the contractually booked holiday apartment are received and the guest does not waive his right of withdrawal upon inquiry by the provider.
(6) Furthermore, the provider is entitled to withdraw from the contract or to terminate it without notice for objectively justified reasons, for example, if: a) force majeure or other circumstances beyond the provider's control make performance of the contract impossible; b) the holiday apartment was booked under misleading or false pretenses regarding essential facts, e.g., concerning the identity of the guest, the purpose of the stay, the occupancy, or the accommodation of animals; c) the holiday apartment is used for purposes other than residential use; d) the provider has reasonable grounds to believe that the use of the service endangers the safety or peace of other guests or neighbors or the provider's reputation in public, without this being attributable to the provider's sphere of control or organization.
(7) The provider must inform the guest immediately of the exercise of the right of withdrawal or termination. In cases under paragraph 7, the provider must immediately refund any rental payments and/or advance payments already made. In the event of justified withdrawal or termination by the provider, the guest is not entitled to compensation. The guest must compensate the provider for all damages attributable to the guest as a result of withdrawal or extraordinary termination pursuant to paragraph 7.