General Terms and Conditions
§ 1 Application
1.1 These General Terms and Conditions apply to contracts for the hiring of furnished accommodations and to all services for the guests provided by the operator in this context. 1.2 Deviating provisions, also as far as they are contained in the General Terms and Conditions of the guest or the customer, are not applicable, unless they are approved in writing by the operator.
§ 2 Conclusion of Contract (Rental Contract)
2.1 With a booking request of the guest (both in writing and verbally), with the appropriate booking confirmation by the operator the contract comes into existence. The operator is free to confirm the booking in textual form. 2.2 Contracting parties are the operator and the guest. If the booking was made by a third party, the orderer is liable to the operator together with the guest as joint debtor for all obligations arising from the contract, provided that the operator has a corresponding statement from the orderer. Despite of this every orderer is obliged to give all the information relevant for the booking, in particular the General Terms and Conditions of the operator to the guest. 2.3 The guest is obligated to verify correctness of the booking confirmation. If the content of the booking confirmation differs from the booking request and the guest does not raise objections immediately, the content of the booking confirmation shall be deemed contractually agreed. 2.4 The subletting of the holiday homes, as well as their use for other than accommodation purposes require the prior approval of the operator. The rental property may only be used and occupied by the number of people declared on the booking confirmation. Gatherings and festivities which go beyond this amount, as well as commercial events are not permitted. The minimum age of tenants is 18 years. The tenant has the responsibilities of the minors and is liable for the correctness of the information at the booking. Parents are liable for their children.
§ 3 Payment
3.1 The guest is obligated to pay the agreed prices for the session of the holiday home and the additional services booked before the stay. This also applies to services provided by the operator to third parties, arranged by the guest or the orderer. 3.2 The operator is entitled to demand a reasonable security deposit for the total price of the stay at the time or after the conclusion of the contract. 3.3 Additional services with fees from the operator are to be paid in advance at the time of booking or at the check-in. The additional costs for gas, water, electricity and internet are included in the rental price. Also included are bed linen, as well as a set of bath and hand towels for the duration of the stay and the number of the guests, that are booked. 3.4 If the guest wishes an extension of the contract, the operator is entitled to demand a pre-payment up to the amount of the expected total price for the extension period. The pre-payment is to be paid at the time or after the agreement of the contract extension. The provisions in section 2.1 apply to the agreement extension. 3.5 Invoices of the operator without due date are to be paid within two weeks after receipt of the invoice. 3.6 Acceptance and selection of credit cards differ with each particular case at the presentation of a credit card. This also applies if the operator indicates the basic acceptance of credit cards, perhaps on the website or by posting (a notice). 3.7 If the guest is in default on the fulfilment of a claim against the operator, the operator is entitled to demand immediate payment of all claims. In case of delay of payment, the operator is entitled to demand the applicable requirement default interest. The operator reserves the verification of a higher damage. For each reminder after a default occurred, a reminder fee of 5,00 EUR may be charged. 3.8 The guest can only offset claims from the operator with undisputed or legally established counter-claims or exert a right of retention.
§ 4 Arrival and Departure
4.1 The booked holiday home is available for the guests on the appointed day of arrival starting at 4 p.m. If no other time has been agreed with the landlord, an earlier provision cannot be demanded. 4.2 Unless otherwise agreed, the holiday home is to be returned to the landlord or the representative in a proper, cleansed condition (except final cleaning), according to the verbal agreements and the house regulations until 10 a.m. on the appointed day of departure. Doors and windows shall be closed, and all keys are to be handed over personally to the landlord. The landlord or the representative is entitled to a detailed inspection of the holiday house. 4.3 If the guest arrives later than agreed, he is obligated to pay the landlord the agreed rental price for the days he does not use. 4.4 In the event of an extension of the holiday home, the guest is obliged to pay 50% of the listed price as user fees to the operator for withholding. If the withholding lasts beyond 2 p.m. on the agreed departure day, the guest is obliged to pay the full price of the overnight stay as usage fee. Contractual claims of the guest are not justified. The operator reserves the right to prove higher damages. In this case, the guest is at liberty to prove that the operator has suffered no damage or a significantly damage.
§ 5 Special Instructions
5.1 Smoking is prohibited in all apartments. For each case of infringement, the guest is obliged to pay a lump contractual penalty of 250,00 EUR to the operator. The operator reserves the right to assert higher cleaning and renovation costs; in this case the contractual penalty will be deducted from the costs incurred. In this case, the guest is free to prove that no or less damage has been incurred. A violation also constitutes a use contrary to the contract, which may entitle the operator to extraordinary termination of the contract. Smoking is only allowed outdoors, i.e. on balconies and terraces. 5.2 Pets are not allowed in all holiday homes, including terraces and balconies. Animals may be brought by the guests only in exceptional cases after prior consent of the operator and for payment of a surcharge. There is no entitlement to the operator’s consent. 5.3 Lost and found items will only be forwarded to the guest upon request and against reimbursement of the costs incurred. The operator will keep the remaining items for a period of six month. 5.4 The guest is obliged to comply with the house rules. From 10 p.m. to 7 a.m. the night rest is valid. In this time special consideration is required for the housemates and neighbors. TV and audio equipment must be set to room volume. 5.5 For the duration of the hiring of the holiday home, the guest is obliged to keep windows and doors closed when leaving the holiday home, to regulate all radiators at a low level and to switch off light and technical equipment. 5.6 The provider has the right to access the holiday home at any time, especially in case of imminent danger. The interests of the guest worthy of protection shall be taken into account appropriately when exercising the right of access. The provider shall 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.
§ 6 Liability of the Guest
6.1 The guest is obliged to treat the holiday home and the contained facilities and equipment, as well as the general areas and facilities of the operator with care and protect them from any damage. 6.2 The guest is liable for all damages caused to the operator by himself, his guests or other persons for whom he has the responsibility. This applies in particular for damages of the holiday home and its furnishing and equipment, to the removal of furnishing and equipment, and to the damages of the general areas of the operator. 6.3 The tenant has to immediately notify the landlord of any finding of incompleteness of the inventory or existing or occurred defects in the rental property, otherwise the landlord is entitled to claim for compensation. 6.4 At the end of the rental time, the holiday home and the inventory have to be returned in the same condition as handed over at the moving in. A deposit fee may be required in advance to cover the costs of expected damages. 6.5 In case of disregard oft he general fire protection guidelines, the guest is liable of the costs incurred by causing a false alarm. 6.6 If defects or malfunctions occur in the service of the operator, the guest must notify immediately after the detection so that the operator has the chance to fix the defects or malfunctions if necessary. If the guest fail to report, a claim of reduction of the agreed fee does not arise. The guest is obliged to make reasonable contributions in order to remedy the disturbance and to keep the damage as low as possible. 6.7 The keys for the rental property are to be handed over to the tenant after presentation of the booking confirmation at the day of arrival. In case of loss of one or more keys, this must be reported immediately. The costs for the reproduction of the keys or the necessary replacement of the locking system are to be paid by the tenant. The keys are to be handed over to the landlord at the departure.
§ 7 Liability of the Operator
7.1 The operator is liable with the diligence of a prudent businessman for his obligations of the contract. Claims of the guest for damages are excluded. Excludes from this are: • Damages resulting from injuries to life, body or health if the operator is responsible for the breach of duty, • Other damages which are based on an intentional or grossly negligent breach of duty by the operator, and • Damages which are based on an intentional or negligent violation of contract-typical obligations of the operator. Obligations typical for the contract are those which fulfill essentials for proper execution of the contract and on observations of which the guest relies and may rely. A breach of duty by the operator is equivalent or vicarious of the operator. 7.2 The landlord is not liable for damages or disturbance which lie outside his area of responsibility. Minor defects which only insignificantly impair the contractual use of the leased object (e.g. missing parts of the equipment, minor cleanliness, occasional short-term failures of the electricity or water supply, failure of technical equipment etc. for which the lessor is not responsible) do not entitle the lessee to a reduction in the rental price or to claims for damages. 7.3 The provider is not liable for items brought by the guest; they are not considered items 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 to valuables which the guest keeps and/ or leaves in the holiday home. 7.4 If the guest is provided a parking space on the parking lot during his stay, this does not constitute a custody agreement. There is a monitoring obligation. The operator is not liable for loss or damage to the motor vehicles parked or maneuvered in the parking space. 7.5 All claims of the guest against the operator are subject to a limitation period of one year from the beginning of the statutory limitation period. Section 199 (1) BGB shall apply to the commencement of the limitation period. The shortening of the limitation period shall not apply to claims based on an intentional or grossly negligent breach of duty by the operator, a legal representative of the operator or a vicarious agent of the operator, as well as to damages arising from injury to life, body or health. The operator is responsible for the breach of duty, and further to damages based on an intentional or negligent breach of contract-typical obligations of the operator or a legal representative or a vicarious agent. Obligations typical of contracts are those obligations whose fulfillment is essential to the proper execution of the contract and on the observance of which the guest trusts and may trust.
§ 8 Deposit
8.1 A deposit of 200,00 EUR may be required from the operator (can be higher at the discretion of the landlord, e.g. for a longer rental period). This can be deposited on the day of arrival by cash payment or transferred to the account shorty before arrival (receipt at the latest two days before arrival). You will receive a confirmation of the deposit on the day of arrival. 8.2 The refund will be made within 7 days after your departure to your bank account, provided the rented property has been returned to us free of defects. Damages incurred during the rental period (including, but not limited to, increased cleaning costs) will be deducted from the deposit. No refund will be made for damages exceeding the deposit amount. In order to further compensate for the damage, a corresponding additional clam is then made to the tenant.
§ 9 Reversal of Contract (Cancellation)
9.1 A withdrawal of the guest from contract concluded with the provider requires a written consent of the provider. If this does not take place, the agreed price from the contract is to be paid, even if the customer does not make use of the contractual services. This does not apply in cases of delay in performance/ corporate default by the provider or in cases of impossibility of performance for which the provider is responsible. 9.2 The guest can only withdraw from the contract without triggering payment or compensation claims by the provider if the possibility of withdrawal has been agreed in writing between him and the operator by a certain date. This right of withdrawal of the guest expires if he does not exert his right of withdrawal in writing to the provider by the agreed date, unless there is a case of delay in performance by the provider or a case of impossibility of performance for which he is responsible. 9.3 The guest is entitled to cancel the booking up to four weeks before arrival, without any claims for payment or damages on the part of the provider being triggered. Otherwise in accordance with the following conditions: 0% of the basic charge cancellation up to 4 weeks before arrival 50% of the basic charge cancellation up to 2 weeks before arrival 75% of the basic charge cancellation up to 1 week before arrival 100% of the basic charge cancellation less than 1 week before arrival 9.4 Decisive is the receipt of the written notice of withdrawal by the lessor (e-mail sufficient). Any advance payments or rental payments already made in full (according to paragraph 3.2) will be refunded within 14 days, taking into account the above cancellation fees. After a cancellation of the guest, the operator is entitled to rent the booked resources elsewhere. 9.5 If a right of withdrawal of the guest was agreed in writing within a certain period according to paragraph 9.2, the provider is entitled to withdraw from the contract during this period, if there are requests from other guests for the contractually booked holiday home and the guest on query of the provider does not waive his right to withdraw. 9.6 If a guest does not pay an agreed or requested advance payment or security even within a reasonable grace period set by the operator, the operator is entitled to withdraw from the contract. 9.7 Furthermore, the operator is entitled to withdraw from the contract for an important reason or to terminate the contract extraordinary. This applies in particular if • Force majeure or other circumstances for which the operator is not responsible make the fulfillment of the contract impossible; • the furnished accommodation is booked with misleading or false statements of essential facts, e.g. in the person of the guest; • the operator has good reason to believe that the guest’s use of the agreed services may endanger the smooth operation of the business, the safety or the public reputation of the operator, without this being attributable to the operator, without this being attributable to the operator’s sphere of control or organization; • there is a violation of section 2.4 (subletting of the holiday home or its use for purposes other than accommodation without the prior consent of the operator) or overcrowding of the holiday home. 9.8 The provider must inform the guest immediately of the exercise of the right of withdrawal or termination. If the withdrawal or the extraordinary termination of the operator was justified, the guest has no claim to compensation. 9.9 In the event of withdrawal or extraordinary termination by the operator pursuant to paras. 9.6 and 9.7, the operator is entitled to demand payment of the agreed price from the guest if the guest is responsible for the reason of termination.
§ 10 Conditions of Use Internet
10.1 The lessor provides access to the Internet with a wireless network. He allows the tenant to use the WiFi-access to the Internet for the duration of his stay at the holiday home. The tenant is not allowed to give access to use the WiFi to third parties. The lessor does not guarantee the availability, performance or reliability of the Internet access for any purpose. The lessor is entitled at any time to allow further users to operate the WiFi in whole, in part or temporarily and to restrict or exclude the tentant’s access in whole, in part or temporarily if the connection is or has been used in an abusive manner, insofar as the landlord must therefore fear a claim and cannot prevent this with usual and reasonable effort within a reasonable period of time. In particular, the lessor reserves the right to block access to certain pages or services via WiFi (e.g. pages glorifying violence, pornographic or chargeable pages) at its reasonable discretion at any time. 10.2 The use takes place by means of access protection. The access data (login and password) may not be handed to third parties. If the lessee wishes to grant third parties access to the Internet via WiFi, this shall be subject to the prior written consent of the lessor and the acceptance of the provisions of this user agreement by the third party documented by signature and complete indication of identity. The lessee undertakes to keep this access data secret. The lessor has the right to change access codes at any time. 10.3 The tentant is informed that the WiFi only allows access to the Internet. Virus protection and firewall are not available. The data traffic generated using the WiFi is not encrypted. The data may therefore be viewed by third parties. The lessor expressly points out that there is a risk that malware (e.g. viruses, Trojans, worm, etc.) may get onto the terminal device when using the WiFi. The use of the WiFi is at the tentant’s own risk. The lessor shall not be liable for damage to the lessee’s digital media caused by the use of Internet access, unless the damage was caused intentionally or through gross negligence by the lessor and/ or its vicarious agents. 10.4 The lessee is responsible for the release of claims for the data transmitted via WiFi, the services used for this purpose and for legal transaction made. If the tenant visits chargeable websites or enters into liabilities, the resulting costs shall be borne by him. He is obliged to comply with the applicable law when using the WiFi. In particular the tenant will/ shall: • not use the WiFi to retrieve or distribute immoral or illegal content; • not use the WiFi illegally to reproduce, distribute or make accessible ay copyrighted goods; this applies in particular in connection with the use of file-sharing programs; • not use the WiFi to access or distribute immoral or illegal content; • observe the applicable regulations for the protection of minors; • not use the WiFi to send mass messages (spam) and/ or other forms if inadmissible advertising. 10.5 The tenant exempts the landlord of the holiday property from all damages and claims of third parties, which are based on an illegal use of the WLAN by the tenant and/ or on a violation of the present agreement, this extends also to costs and expenditures connected with the claim or their defense. If the tenant recognizes or must recognize that such an infringement and/ or such an offence exists or threatens, he refers the landlord of the holiday property to this circumstances. The lessor is entitled to state the identity of the lessee and fellow travelers in the event of a warning due to copyright infringement or in the event of investigations within the framework of criminal proceedings.
§ 11 Data Privacy
Personal data of the customer are only collected within the frame of legal requirement provision of the Federal Data Protection Act and the Teleservice Data Protection Act. They are/ will only be made available to third parties as this is necessary for the execution of the renting (cleaning service, house management, insurance, etc.).
§ 12 Final Provisions
12.1 Modifications or supplements of the contract or this General Terms and conditions shall ensue in textual form. Unilateral modifications or supplements of the guest are ineffective. 12.2 The place of performance and payment shall be the operation site of the operator. The exclusive legal domicile/ place of jurisdiction shall be the district court of Schwandorf. 12.3 The applicable law is the law of the Federal Republic of Germany. The applicability of the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws provision is excluded. 12.4 If one or more provisions of the General Terms and Conditions are or will be ineffective or void, the effectiveness of the remaining provisions shall not be affected. Besides, the statutory provisions shall apply.
Status of the contractual conditions 27.01.2019
