General terms and conditions of hire
1. subject of the contract
The rental agreement for the holiday accommodation described below is binding.
The accommodation is rented to the tenant for the stated contract period exclusively for use for holiday purposes and may only be occupied by the maximum number of persons stated in the rental contract.
2. rental period
On the day of arrival, the Lessor shall place the rented property at the disposal of the Lessee in the condition stipulated in the contract. Arrival and departure times are either stated in the booking confirmation or must be clarified individually.
2.1 payment instructions
You will receive an invoice to the e-mail address provided at the time of booking and transfer the amount within 7 days. If a check-in is to take place within 7 days or on the same day of the booking, the transfer must be made in real time or the payment must be received before the check-in!
3. withdrawal by the tenant
The tenant can withdraw from the trip before the start of the trip, subject to the conditions below. The declaration of withdrawal should be made in writing for reasons of security of evidence. If the tenant withdraws from the rental contract, he must pay a flat-rate compensation for the expenses already incurred by the landlord and the loss of profit in the following amount:
From the date of booking, cancellation within 14 days before arrival date is free of charge. If a cancellation is not made within 14 days before the date of arrival, the cancellation fee is 100% of the travel price. On the date of arrival, in case of no-show or early departure, the cancellation fee is 100% of the travel price. A damage deposit is waived.
The Lessee reserves the right to prove that the Lessor has not incurred any damage or that the damage incurred is significantly lower.
In the event of withdrawal from the contract, the Lessee may name a substitute Lessee who is willing to take over the existing contractual relationship in his place. The Lessor may object to the entry of the third party if the third party appears to be economically or personally unreliable.
If a third party enters into the rental agreement, he and the previous Lessee shall be jointly and severally liable to the Lessor for the rental price and the additional costs incurred by the entry of the third party.
The conclusion of a travel cancellation insurance is recommended to the tenant.
4. termination by the landlord
The landlord may terminate the contractual relationship before or after the start of the rental period without notice if the tenant fails to make the agreed payments (down payment, final payment and deposit) on time despite a prior reminder or otherwise behaves in breach of contract to such an extent that the landlord cannot reasonably be expected to continue the contractual relationship. In this case, the landlord can demand compensation from the tenant for the expenses incurred up to the termination and the loss of profit. This also applies if the tenant has previously been a guest in one of the landlord's accommodations and now wishes to be a guest again, if the accommodation was left very dirty during the tenant's first stay or if damage was caused. In this case, the landlord reserves the right to cancel an already confirmed booking of the tenant without notice and not to accommodate the tenant again as a guest in one of his accommodations!
5. cancellation of the contract due to extraordinary circumstances
The rental agreement may be terminated by either party if the fulfilment of the agreement is considerably impeded, endangered or impaired as a result of force majeure unforeseeable at the time of conclusion of the agreement. Both contracting parties are released from their contractual obligations. However, they must reimburse the other party for any services already rendered.
6. duties of the renter
The tenant undertakes to treat the rented property including the inventory with all due care. The tenant is liable to pay compensation for culpable damage to furnishings, rented rooms or the building as well as the installations belonging to the rented rooms or the building, if and insofar as it is culpably caused by him or his accompanying persons or visitors.
Unless the tenant himself is obliged to remedy the damage in the rented rooms, he shall notify the landlord or a designated contact point (property management) immediately. The tenant shall be liable to pay compensation for any consequential damage caused by failure to notify the landlord in good time.
No waste, ashes, harmful liquids or similar may be disposed of in the sewerage system. If blockages occur in the sewer pipes due to non-compliance with these regulations, the party responsible shall bear the costs of repair.
In the event of any malfunctions occurring in the equipment and facilities of the rental property, the lessee is obliged to do everything reasonable himself to contribute to remedying the malfunction or to keep any damage that may occur to a minimum.
The tenant is obliged to inform the landlord or the property management immediately about defects of the rental object. If the lessee fails to do so, he shall not be entitled to any claims for non-performance of the contractual services (in particular no claims for a reduction in rent).
7. liability of the landlord
The lessor is liable for the correctness of the description of the rental property and is obliged to provide the contractually agreed services properly and to maintain them throughout the rental period. The Lessor's liability for property damage in tort is excluded, unless it is based on an intentional or grossly negligent breach of duty by the Lessor or his vicarious agent. The lessor is not liable in cases of force majeure (e.g. fire, flood, etc.)
8. animal husbandry
Animals of any kind are not allowed in the accommodation.
9. changes of the contract
Collateral agreements, amendments and supplements to the contract must be made in writing.
10. house rules
The tenants are requested to show mutual consideration.
In particular, disturbing noises, namely loud door slamming and such activities that annoy the co-inhabitants with the noise generated and impair the domestic peace and quiet, are to be avoided.
11. choice of law and place of jurisdiction
German law shall apply.
The local court in whose district the defendant has its general place of jurisdiction shall be responsible for all disputes arising from this contractual relationship.
For legal actions of the Lessor against merchants, legal entities under public or private law or persons who do not have a general place of jurisdiction in Germany or who have moved their domicile or usual place of residence abroad after the conclusion of the contract or whose domicile or usual place of residence is unknown at the time the action is filed, the domicile of the Lessor is agreed as the exclusive place of jurisdiction.
