§ 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 in Exhöft 3 in Maasholm 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 subletting of the holiday apartment as well as its use for other than residential purposes require the prior written consent of the provider.
(3) Terms and conditions of the guest find application only if these were agreed upon before. Deviations from these conditions are only effective if the offerer has confirmed them expressly in writing.
§ 2 . Accommodation contract
(1) The Accommodation Agreement is concluded when the Provider confirms the Guest's booking request by telephone or in writing by letter post, e-mail and/or fax and thus accepts the booking (acceptance of application).
(2) The contracting parties are the provider and the guest. If a third party has ordered for the guest, it is liable to the provider together with the guest as joint debtor for all obligations arising from this contract, provided the provider has a corresponding declaration of the third party.
(3) The guest is obliged to check the booking confirmation for its correctness. If the content of the booking confirmation deviates from the booking enquiry and if the guest does not immediately raise objections to this, 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 ready and to provide the agreed services. The holiday flat corresponds to the standard of equipment of an average rental flat. The offerer takes over a guarantee only for expressly promised equipment characteristics, not against it 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 holiday home 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 legal value added tax.
(4) The guest is obliged to give truthful information about the number of persons who occupy the holiday apartment. The holiday apartment is available for a maximum of the number of persons specified in the booking confirmation in accordance with § 2 paragraph. 1. The occupancy of an additional number of persons requires the prior written consent of the provider. In this case, the price of the holiday apartment will be increased to the price generally charged by the provider in case of corresponding occupancy.
(5) If the period between conclusion of the contract and fulfilment of the contract exceeds four months and if the price generally charged by the provider for such services increases, the provider can raise the contractually agreed price appropriately, but by no more than 10%.
(6) The payment of the price agreed for the provision of the holiday home as well as for the further services agreed with the guest is due according to the agreements in the rental contract. Additional services must be paid 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 for the guest. EC and credit cards cannot be accepted as means of payment on site.
(7) The provider reserves the right to demand from the guest an appropriate advance payment on the price agreed for the provision of the holiday apartment as well as the further services agreed with the guest before the arrival. 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 offerer cannot book a receipt of payment up to the 8th day after the transmission of the reservation confirmation, and if this is not carried out also after expiration of an appropriate respite set by the offerer with refusal threat, then the offerer is entitled to withdraw from the contract; he must communicate this to the guest in writing. § 5 paragraph 3 is then to be applied accordingly with the proviso that the 8th day after the transmission of the booking confirmation is regarded as the day of cancellation.
(8) The guest can only set off an undisputed or legally established claim against a claim of the provider.
§ 4 . General Rights and Duties; House Rules
(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 p.m. to 7 a.m. the night rest applies. In this time special consideration is necessary for the flatmates and neighbours. TV and audio equipment must be set to room volume.
(2) For the duration of the holiday apartment, the guest is obliged to keep windows and doors closed when leaving the holiday apartment, to regulate all radiators at a low level and to switch off light and technical equipment.
(3) The accommodation of pets of any kind in the holiday home is only permitted with the prior consent of the provider. For the accommodation of animals the offerer can require an appropriate surcharge. If animals are accommodated without the prior consent of the provider, the latter may charge a cleaning fee of up to € 200.00 (net).
(4) A general smoking ban applies in the holiday apartment. With offences the offerer can charge a cleaning lump sum at a value of up to 200.00 € (net). Smoking is only allowed on balconies and terraces.
(5) The Internet use is permitted as far as this does not offend against the legal regulations. Criminal acts (in particular illegal downloads, page views) will be reported and prosecuted. The guest alone is liable for any illegal use of the Internet.
(6) The installation and/or attachment of materials for decoration or the like is not permitted in the holiday apartment. The guest shall be solely liable for any decoration or the like which is nevertheless inserted and/or attached and shall indemnify the provider against any claims by third parties. He is also obliged to compensate for damage caused by the installation or attachment of decorations or similar.
(7) The provider has a right of access to the holiday home at any time, especially in case of imminent danger. The guest's interests worthy of protection are to be taken into account appropriately when exercising the right of access. The provider will inform the guest in advance about the exercise of the right of access, unless this is unreasonable or impossible under the circumstances of the individual case.
§ 5 . Withdrawal from the contract (cancellation)
(1) A withdrawal of 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 is to be paid even if the customer does not make use of contractual services. This does not apply in cases of delay in performance of the provider or an impossibility of performance for which he is responsible.
(2) Should the tenant have to withdraw from his booking, a withdrawal from the contract is only possible in writing. At the request of the lessee, the lessor shall endeavour to find an adequate new lessee. Should the tenant himself provide an adequate new tenant, a rewriting of the booking and the issuance of a new lease are necessary, which can only be done by the landlord. In both positive cases, the amount of the contractually owed cancellation costs (see list below) will then be limited to 30 euros processing fee. Withdrawal from the rental contract is only valid with a written declaration! The receipt of the written notice of withdrawal by the landlord is decisive.
(3) If no adequate new tenant can be found for the cancelled period, the tenant shall pay the rental price as follows or the landlord shall reimburse the tenant for the remaining amount already paid:
(4) In the case of a holiday home not used by the guest, the provider has to credit the income from other rentals of the holiday home as well as the saved expenses.
(5) If a right of withdrawal of the guest was agreed in writing within a certain period according to paragraph 2, the provider is entitled to withdraw from the contract in this period, if there are inquiries of other guests for the contractually booked holiday home and the guest on query of the provider does not waive his right to withdraw.
(6) Furthermore, the provider is entitled to withdraw from the contract for objectively justified reason or to terminate the contract extraordinarily, if e.g.
a) force majeure or other circumstances for which the provider is not responsible make the fulfilment of the contract impossible,
b) the holiday home has been booked with misleading or false information of essential facts, e.g. in the person of the guest or concerning the purpose or concerning the occupancy or concerning the accommodation of animals,
(c) the holiday home is used for purposes other than habitation,
d) the provider has good reason to believe that the use of the service endangers the safety or peace of other guests or neighbours or the reputation of the provider in public, without this being attributable to the provider's sphere of control or organisation.
(7) The provider must immediately inform the guest of the exercise of the right of withdrawal or termination. In cases of paragraph 7, the provider must immediately reimburse rental payments and/or advance payments already made. With justified resignation and/or with justified notice by the offerer no requirement of the guest on payment of damages develops. The guest must compensate the provider for all damages for which he is responsible due to a withdrawal or an extraordinary termination according to paragraph 7.
§ 6 . Liability; Statute of Limitations
(1) The provider is liable for his obligations arising from the contract. The liability is limited to intent and gross negligence of the provider, if and insofar as he is not indispensably liable according to the statutory provisions unrestricted. Should disturbances or defects in the services of the provider occur, the provider will endeavor to eliminate the disturbance or the defect upon knowledge or immediate complaint of the guest. The guest is obliged to contribute what is reasonable in order to eliminate the disturbance or defect and to keep any possible damage to a minimum.
(2) The provider shall not be liable for any items brought in by the guest; they shall not be deemed to have been brought in within the meaning of §§ 701 f. BGB. A liability of the provider according to these regulations is therefore expressly excluded. This also applies expressly to valuables which the guest keeps and/or leaves in the holiday home.
(3) The guest is liable for all damages which he, his fellow travellers or his visitors have culpably caused in the house of the holiday flat, in the holiday flat and/or in the inventory of the holiday flat. A private liability insurance is recommended for the guest. The guest is obliged to immediately notify the provider of any damage. This applies in particular also to such damages which can also affect other apartments in the house (e.g. water damage, fire damage).
(4) Claims of the guest expire in six months, unless the provider is liable because of intent. Claims of the offerer expire in the respective legal period.
§ 7 . Arrival and departure, handing over of keys; delayed evacuation
(1) The holiday flat is available on the arrival day regularly starting from 4 p.m. An arrival before 4 p.m. can likewise take place only if this was expressly agreed upon with the offerer in advance.
(2) The offerer can require the payment of a deposit at a value of 200,00 € with the journey. The offerer refunds this deposit with punctual clearance of the vacation dwelling and publication of all keys on the departure day, if with the guest something else was not agreed upon and if the vacation dwelling exhibits no damage to be represented by the guest. In the event of further damage to the holiday home and/or the inventory, the guest shall pay the amount of money required for compensation in cash (§ 249 Para. 2 BGB).
(3) On the day of departure, the guest must vacate the holiday apartment by 10.00 a.m. at the latest. If the holiday home is vacated late, the provider is entitled to an additional payment from the guest. This amounts to:
a) 50.00 € (net) for evacuation after 11 a.m. but before 1 p.m.;
b) 100 % of the agreed overnight price / night in case of evacuation after 1 p.m.
In addition, the provider is entitled to compensation for all further damages incurred due to delayed evacuation.
(4) The evacuation in accordance with paragraph 4 shall only be deemed to have been effected if all keys have also been handed over to the provider or his representative. The guest can leave all keys on the table in the holiday apartment and close the apartment door if this has been expressly agreed with the provider beforehand. The guest is obliged to check the proper closing of the apartment door.
(5) If one or more keys are lost, the guest must pay compensation to the provider for their new manufacture and, if necessary, for the installation of new locks.
§ 8 . Data protection
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 clauses
(1) Amendments or supplements to the contract, the acceptance of the application or these General Terms and Conditions shall be made in writing. Unilateral changes or additions by the guest are ineffective.
(2) Place of performance and payment is Vallander/Germany. Place of jurisdiction for tenancy law is Koblenz. The general place of jurisdiction is Mainz.
(3) The law of the Federal Republic of Germany applies exclusively to the contract.
(4) These General Guest Admission Conditions are only intended for the personal use of the guest. Commercial use by third parties is expressly prohibited.
(5) 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 as close as possible to the purpose of the provision to be replaced. In all other respects, the statutory provisions shall apply.