§ 1 Validity of the GTC
1. These General Terms and Conditions apply to contracts for the rental of holiday apartments for accommodation as well as the services and deliveries provided by the provider for the guest. The services of the provider are exclusively based on these general terms and conditions.
2. Terms and conditions of the guest are not recognized. Deviations from these conditions are only effective if the provider has expressly confirmed them in writing.
3. The subletting or subletting of the leased premises and their use for other than residential purposes require the prior written consent of the provider.
4. These general terms and conditions only apply to the associated contract and have no effect on other parallel contracts or follow-up contracts concluded with the guest.
5. If unforeseeable changes occur after the conclusion of the contract (e.g. changes in the law or jurisdiction) or a loophole is revealed through which the relationship between performance and consideration is disrupted, the provider has the right to change the terms and conditions accordingly during the contract period. The guest must be informed of the change in writing. If the guest does not object within 6 weeks, the changes are automatically considered approved. In the event of an objection, there is the right to ordinary termination.
§ 2 Subject of the contract
1. With the booking, which can be made verbally, by telephone or in writing by e-mail, online contact form or fax, the guest offers the provider the conclusion of a binding contract.
2. The accommodation contract is concluded when the provider accepts the guest's application. The provider is free to confirm the room booking in writing.
3. The contract partners are the supplier and the guest. If a third party has ordered for the guest, he is liable to the supplier together with the guest as joint debtor for all obligations arising from the contract, provided that the supplier has a corresponding declaration from the third party.
4. The Guest undertakes to check the booking confirmation for correctness. If the booking confirmation deviates from the content of the inquiry and the guest does not raise objections to this immediately, the content of the booking confirmation is considered as contractually agreed.
§ 3 Services, prices and arrival
1. The provider is obliged to make the booked holiday apartment available from the agreed time and for the agreed duration and to provide all further agreed services. The provider only assumes a guarantee for expressly promised equipment features.
2. If the provider did not confirm the provision of certain rooms in writing, the guest has no claim to the provision of certain rooms.
3. The booked accommodation is kept free by the provider on the day of arrival until 06:00 pm. The guest is obligated to inform the provider in time about an expected later arrival. Deviations from these conditions are only effective if the provider has expressly confirmed them in writing or verbal.
4. On the agreed day of departure, the rooms must be cleared and made available by 10:00 a.m. at the latest. After this time, the provider can charge the daily room rate for the additional use of the room in addition to the damage incurred. The Guest is free to prove to the provider that no loss or a significantly lower loss has been incurred by the provider. Deviations from these conditions are only effective if the Provider has expressly confirmed them in writing or verbal.
5. The guest is obliged to give truthful information about the number of persons occupying the accommodation. The accommodation is available for a maximum of the number of persons stated in the booking confirmation. Occupation of the accommodation with a number of persons in excess of this requires the prior written consent of the Provider. In this case, the price for the provision of the accommodation shall be increased to the price generally charged by the Provider in case of appropriate occupancy.
6. A transfer of use to third parties and especially subletting requires the prior written consent of the Provider.
7. The Guest undertakes to pay the Supplier's valid or agreed prices for the provision of the accommodation and the additional services used by him/her. This also applies to services and expenses of the Provider to third parties caused by the Guest.
8. The Provider is entitled to increase the contractually agreed price appropriately, but by no more than 10 percent, if the price generally charged by the Provider for such services increases and if there are more than 4 months between the conclusion and the fulfilment of the contract.
9. The payment of the price agreed upon for the provision of the accommodation as well as for further services agreed upon with the Guest is due on the day of departure at the latest, unless otherwise agreed upon in writing. It must be made in cash at this time, unless the provider has expressly agreed to a different method of payment with the guest. EC- or credit cards and electronic means of payment cannot be accepted on site.
10. All prices include the respective legal value added tax.
11. After conclusion of the contract, in rare urgent cases, a necessary change or deviation from the contractually owed content of the booked service may occur. Such changes or deviations are only permitted if the changes or deviations are not substantial, do not lead to a substantial deviation from the contractually agreed service and if there is a factual justification for the deviation.
12. A non-substantial and reasonable deviation is generally present, for example, if the service provider provides the guest with adequate substitute accommodation in the case of an accommodation service because the rented room has become unusable or important operational reasons require the guest to move.
13. The service provider is obliged to inform the guest immediately about changes or deviations regarding the contractually agreed service.
14. If the Provider is forced to cancel an accommodation service for urgent reasons, the Provider is obliged to ensure that the Guest is immediately provided with another accommodation of at least the same value.
§ 4 General rights and obligations; house rules
1. The guest may only use the booked accommodation for the intended purpose and must treat all rooms and their inventory with care. The guest is obliged to observe the house rules. From 10:00 p.m. to 7:00 a.m. the night rest is valid. During this time special consideration for the neighbours is also required in the entrances and staircases. In order to avoid disturbance, TV and audio equipment must be set to room volume.
2. The guest is obliged to keep the doors closed and the windows tilted in suitable weather conditions when leaving the holiday apartment, otherwise to keep them closed, to set all heating devices to a low level and to switch off lights and technical devices.
3. There is a general ban on smoking in the holiday apartments. In case of violation the provider can charge a cleaning flat rate of up to 100,00 € (net). Smoking is only allowed on terraces.
4. The accommodation of animals of any kind in the holiday apartment is only permitted with the prior written consent of the provider. For the accommodation of animals the offerer can require an appropriate surcharge. If animals are accommodated without/with the prior consent of the provider and/or an increased cleaning effort is caused by the accommodation, the provider can charge a cleaning flat rate of up to 100,00 € (net).
5. Internet use takes place exclusively via a Wifi guest access and is only permitted after approval of the separate usage conditions. These are enclosed with the password given on arrival.
6. The installation and/or attachment of materials for decoration or similar is not permitted in the holiday apartment. The guest is responsible for nevertheless inserted and/or attached decoration or the like alone and releases the offerer from requirements third. He is also obliged to compensate for damages caused by the installation and/or attachment of decoration or the like.
7. The provider has a right of access to the holiday apartment at any time, especially in case of imminent danger. The interests of the guest worthy of protection are to be taken into account appropriately when exercising the right of access. The Provider shall inform the Guest about the exercise of the right of access in advance, unless this is not reasonable or impossible for the Guest under the circumstances of the individual case.
§ 5 Withdrawal from the contract and no-show
1. The guest can withdraw from the contract at any time up to the beginning of the booked service by declaration to the provider. To avoid misunderstandings, the declaration of withdrawal should be made in writing by mail, e-mail or fax.
2. If the guest withdraws from the booking or does not make use of the booked service, the guest's obligation to pay the accommodation price remains in principle.
3. The accommodation company will make every effort in the course of its normal business operations to occupy the accommodation elsewhere, whereby it is not obliged to make any special efforts to let the accommodation elsewhere.
4. In the case of other occupancy, the provider must have this credited. If it was not possible to find another occupancy, the provider has to charge the saved expenses.
5. The guest is expressly reserved the right to prove that another occupancy has taken place or that the saved expenses of the provider were significantly higher than the amounts taken into account within the framework of the above-mentioned flat rates. In this case the guest is only obliged to pay the lower costs.
6. For the assessment of these saved expenses for accommodation services, the courts have recognised the following standard values to be paid by the guest to the provider: Holiday apartments and accommodation without board 90 percent
7. If the guest does not appear on the day of arrival by 6 p.m. at the latest or by 60 minutes after an agreed later time without having cancelled, the contract shall be deemed cancelled. Paras. 2 - 6 shall apply accordingly.
8. Until the acceptance of the contract by the provider, the guest is granted a right of withdrawal free of charge. Up to this time the offerer is likewise to
Withdrawal is justified if there are inquiries from other guests about the booked rooms and the guest does not finally confirm the booking upon request of the Provider.
9. Furthermore, the accommodation company is entitled to withdraw from the contract or to cancel it for good cause.
10. The supplier has to inform the guest in writing immediately, at the latest 14 days after the reason has become known.
11. In the event of withdrawal by the Provider which is based on the cause by the Guest, the Guest shall not be entitled to claim damages or other compensation.
12. In case of premature termination of the contract by the guest, the claim of the provider to the full booking amount remains unaffected. The provider will, however, in the course of its normal business operations, endeavour to use the contractually agreed but unused service for other purposes, whereby the provider is not obliged to make any special efforts in this respect.
13. The booking amount to be refunded according to paragraphs 2, 4 and 12 is limited to the period of time for which, after acceptance of the contract by the provider, there were further requests from other guests.
§ 6 Liability; Limitation period
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 insofar as he is not necessarily liable without limitation according to the statutory provisions. Should disruptions or defects occur in the services of the Provider, the Provider shall endeavour to remedy the disruption or defect as soon as he/she becomes aware of it or upon immediate notification of the Guest. The guest is obligated to contribute what is reasonable for the guest in order to eliminate the disturbance or the lack and to keep a possible damage small.
2. Claims of the guest for damages are excluded.
3. Excluded from this are damages from the injury of life, body or health, if the provider is responsible for the breach of duty, furthermore other damages, which are based on an intentional or grossly negligent breach of duty of the provider and damages, which are based on an intentional or negligent breach of contract-typical duties of the provider.
4. The provider is liable to the guest for items brought in according to the legal regulations.
5. The liability claims expire if the guest does not make the provider immediately after obtaining knowledge of loss, destruction or damage.
6. If the guest is provided with a parking space in the garage or on a parking lot of the accommodation business, whether against payment or free of charge, no safekeeping contract is concluded. A duty of supervision on the part of the provider does not arise.
7. In case of loss or damage of vehicles parked or manoeuvred on the property of the provider and their contents, the accommodation company is only liable in case of intent or gross negligence on its part.
8. Messages, mail and consignments of goods for the guests are treated with care. The provider takes over the delivery and storage.
9. The guest is liable for all damages that he, his fellow travellers or his visitors have culpably caused in the house of the holiday apartment, in the holiday apartment and/or in the inventory of the holiday apartment. A private liability insurance is recommended to the guest. The guest is obliged to report any damage to the provider immediately. This applies in particular to such damages that may also affect other apartments in the house (e.g. water damage, fire damage).
10. The guest's claims become time-barred after six months, unless the provider is liable for intent. Claims of the offerer become time-barred in the respective legal period.
§ 7 Data protection
1. The provider collects and processes personal data exclusively for the purpose of processing the guest's bookings. All data of the guests will be stored and processed in accordance with the relevant regulations.
2. The guest has the right to free information, correction, blocking and deletion of his stored data at any time.
3. Data that are subject to a legal obligation to store can only be deleted after the expiry of the prescribed periods.
4. The personal data he/she has provided will only be used to justify and carry out the accommodation service and to carry out further booked services. The provider is also entitled to pass on this data to third parties for the purpose of carrying out enquiries, bookings and payment processing.
§ 8 Final provisions, place of jurisdiction and applicable law
1. Amendments or additions to the contract, the acceptance of the application or these terms and conditions for the accommodation contract should be made in writing. Unilateral changes or additions by the client are invalid.
2. German law applies exclusively to the entire legal and contractual relationship between the provider and guests who do not have a general place of residence or business in Germany.
3. Legal action against the accommodation company is to be taken at its registered office.
4. For complaints of the provider against the guest, the guest's place of residence is decisive, unless the complaint is directed against registered traders, legal persons under public or private law or persons who have moved their place of residence or usual place of abode abroad after conclusion of the contract, or whose place of residence or usual place of abode is unknown at the time the complaint is filed. In these cases, the domicile of the lodging establishment shall be decisive.
5. If individual provisions of these General Terms and Conditions for the accommodation be or become ineffective or void
the validity of the remaining provisions shall not be affected. In all other respects the statutory provisions shall apply.