1 . Validity of the GTC
(1) These General Terms and Conditions apply to contracts for the rental of vacation apartments for accommodation as well as all other services and deliveries provided to the guest by the provider. The services of the provider are provided exclusively on the basis of these General Terms and Conditions.
(2) The subletting or subletting of the provided vacation 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 shall only apply if they have been agreed upon in advance. Deviations from these terms and conditions are only effective if the provider has expressly confirmed them in writing.
2 . Accommodation contract
(1) The accommodation contract comes into effect when the provider confirms the guest’s booking request by telephone or in writing by mail, e-mail and/or fax and thus accepts the booking (acceptance of request).
(2) Contractual partners are the provider and the guest. If a third party has ordered for the guest, he is liable to the provider together with the guest as joint and several debtors for all obligations arising from this contract, provided that the provider has a corresponding declaration from the third party.
(3) The guest is obliged to check the booking confirmation for accuracy. If the content of the booking confirmation differs from the booking request and the guest does not immediately object to this, the content of the booking confirmation shall be deemed to be contractually agreed.
3 . Services, Prices, Payment, Offsetting
(1) The provider is obligated to keep the vacation apartment booked by the guest ready and to provide the agreed services. The vacation apartment corresponds to the equipment standard of an average rental apartment. The provider assumes a warranty only for expressly promised features, but not for the subjective quality of the equipment (e.g. ventilation).
(2) The guest is obligated to pay the applicable or agreed prices of the provider for the provision of the vacation apartment 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 statutory value added tax.
(4) The guest is obliged to provide truthful information about the number of persons occupying the vacation apartment. The vacation apartment is available for a maximum of the number of persons stated in the booking confirmation according to § 2 para. 1. The occupancy with a number of persons exceeding this number requires the prior written consent of the Provider. In this case, the price for the provision of the vacation apartment increases to the price generally charged by the Provider for the corresponding occupancy.
(5) If the period between the conclusion of the contract and the fulfillment of the contract exceeds four months and if the price generally charged by the Provider for such services increases, the Provider may increase the contractually agreed price appropriately, but by a maximum of 10%.
(6) The payment of the price agreed for the provision of the vacation apartment as well as for the further services agreed with the guest is due at the latest on the day of the booking. It must be made at this time, unless the provider has expressly agreed to a different method of payment with the guest.
(7) The Provider reserves the right to demand an appropriate advance payment from the Guest prior to arrival on the price agreed for the provision of the vacation apartment as well as the further services agreed with the Guest. If an advance payment is required 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 Provider is unable to record receipt of payment by the 8th day after transmission of the booking confirmation, and if payment is also not made after expiry of a reasonable grace period set by the Provider with threat of refusal, the Provider shall be entitled to withdraw from the contract; he must notify the Guest of this in writing. § Section 5 (3) shall then apply accordingly with the proviso that the 8th day after the transmission of the booking confirmation shall be deemed the day of cancellation.
(8) The Guest may only offset an undisputed or legally established claim against a claim of the Provider.
4 . General rights and obligations; house rules
(1) The guest has to treat the vacation apartment and its inventory with care. The guest is obliged to comply with the house rules. From 22.00 o’clock to 7.00 o’clock the night rest is valid. During this time special consideration for the neighbors is required, also in the house entrances and staircases. To avoid disturbance, TV and audio equipment must be set to room volume.
(2) For the duration of the use of the vacation apartment, the guest is obliged to keep windows (except tilted) and doors closed when leaving the vacation apartment, to set all radiators to a low level and to switch off lights and technical equipment.
(3) The accommodation of pets of any kind in the vacation apartment is only allowed with the prior written consent of the provider. For the accommodation of animals, the provider may charge an appropriate surcharge. If animals are accommodated without prior consent of the provider, the provider may charge a cleaning fee of up to € 200.00 (net).
(4) Smoking is generally prohibited in the vacation apartment. In case of violations, the provider can charge a cleaning fee of up to 200,00 € (net). Smoking is only allowed on balconies and terraces.
(5) Internet use is permitted as long as it does not violate legal regulations. Criminal acts (especially illegal downloads, page views) will be reported and prosecuted. The guest alone is liable for unlawful use of the Internet.
(6) The installation and/or attachment of materials for decoration or the like is not permitted in the vacation apartment. The guest shall be solely liable for any decoration or the like that is nevertheless installed and/or attached and shall indemnify the provider from any claims of third parties. He is also obliged to compensate for any damage caused by the installation or attachment of decorations or similar.
(7) The Provider has the right of access to the vacation apartment at any time, especially in case of imminent danger. When exercising the right of access, the guest’s interests worthy of protection are to be given appropriate consideration. The provider will inform the guest about the exercise of the right of access in advance, unless this is not reasonable or impossible for him 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 must be paid even if the customer does not use contractual services. This does not apply in cases of delay in performance by the provider or an impossibility of performance for which he is responsible.
(2) The guest can, without triggering payment or damage claims of the provider, withdraw from the contract only if the possibility of withdrawal was agreed in writing between him and the provider by a certain date. This right of withdrawal of the guest expires if he does not exercise his right of withdrawal in writing to the provider by the agreed date, unless there is a case of default in performance by the provider or an impossibility of performance for which he is responsible.
(3)Full refund for cancellations made within 48 hours of the completion of the booking if the check-in date is still at least 14 days in the future. 50% refund for cancellations made at least seven days prior to check-in. No refunds for cancellations made within seven days of check-in.
Cancellations must be made in writing to the provider unless the provider agrees to a verbal cancellation . The day of cancellation is the day of receipt of the cancellation by the provider.
(4) In the case of a vacation apartment not used by the guest, the provider must credit the income from renting the vacation apartment to other parties as well as the saved expenses.
(5) If the guest does not show up on the day of arrival by 10:00 p.m. at the latest or by 60 minutes after a later time agreed upon in accordance with § 7 Para. 1 without having cancelled, the contract shall be deemed to have been cancelled. Paragraph 3 shall apply accordingly. In addition, the Provider may demand an administrative fee of € 100.00 (net) from the Guest.
(6) If a right of withdrawal of the guest within a certain period of time was agreed upon in writing according to paragraph 2, the provider is entitled for his part to withdraw from the contract within this period of time, if there are inquiries of other guests for the contractually booked vacation apartment and the guest does not waive his right of withdrawal upon inquiry of the provider.
(7) Furthermore, the provider is entitled to withdraw from the contract for an 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 fulfillment of the contract impossible,
b) the vacation apartment was booked under misleading or false information of essential facts, e.g. in the person of the guest or regarding the purpose or regarding the occupancy or regarding the accommodation of animals,
c) the vacation home is used for other than residential purposes,
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 reputation of the provider in public, without this being attributable to the control or organization of the provider.
(8) The Provider shall immediately inform the Guest of the exercise of the right of withdrawal or termination. In cases of paragraph 7
a), the Provider shall immediately refund any rental payments and/or advance payments already made. In the event of justified withdrawal or justified termination by the Provider, the Guest shall not be entitled to any compensation. The Guest shall compensate the Provider for all damages for which the Guest is responsible due to a withdrawal or extraordinary termination in accordance with paragraph 7.
6 . Liability; Statute of Limitations
(1) The Provider is liable for its obligations under the contract. The liability is limited to intent and gross negligence of the provider, if and to the extent that he is not unrestrictedly liable under the statutory provisions. Should disturbances or deficiencies occur in the services of the Provider, the Provider shall endeavor to remedy the disturbance or deficiency upon knowledge thereof or upon immediate complaint by the Guest. The guest is obligated to contribute what is reasonable for him to eliminate the disruption or defect and to keep any possible damage to a minimum.
(2) The Provider shall not be liable for items brought in by the Guest; they shall not be considered as brought-in items in the sense of §§ 701 f. BGB. A liability of the provider according to these regulations is thus expressly excluded. This also expressly applies to valuables that the guest keeps and/or leaves in the vacation apartment.
(3) The guest is liable for all damages that he, his fellow travelers or his visitors in the house of the vacation apartment, in the vacation apartment and / or on the inventory of the vacation apartment has / have culpably caused. A private liability insurance is recommended to the guest. The guest is obliged to notify the provider immediately of any damage. This applies in particular to such damage that may also affect other apartments in the house (e.g. water damage, fire damage).
(4) Claims of the guest become time-barred in six months, unless the provider is liable because of intent. Claims of the provider become time-barred in the respective legal period.
7 . Arrival and departure, handover of keys; delayed evacuation
(1) The vacation apartment is regularly available from 14.00 o’clock on the day of arrival. Arrival must take place by 10:00 p.m., unless a later arrival time is expressly agreed in advance with the provider. Arrival before 2:00 p.m. can also only take place if this has been expressly agreed with the provider in advance.
(2) If the arrival is agreed in the time between 22:00 clock and 8:00 and takes place in this time, a surcharge in the amount of 30.00 euros will be charged.
(3) The guest is obliged to present his valid identity card or passport to the provider upon arrival.
(4) The Provider may require the payment of a deposit in the amount of € 450.00 upon booking. The provider will refund this deposit upon timely vacating the vacation apartment and return of all keys on the day of departure, unless otherwise agreed with the guest and provided that the vacation apartment shows no damage for which the guest is responsible. In the event of further damage to the vacation apartment and/or inventory, the guest shall pay the cash amount required for compensation on site (§ 249 para. 2 BGB).
(5) On the day of departure, the guest must vacate the vacation apartment by 11:00 a.m. at the latest. In case of late vacating of the vacation apartment, the provider is entitled to an additional payment from the guest. This amounts to
a) 50,00 € (net) in case of vacating after 11.00 o’clock but before 13.00 o’clock;
b) 100 % of the agreed accommodation price/night in case of eviction after 13.00 o’clock.
In addition, the Provider shall be entitled to compensation for all further damages incurred due to a delayed evacuation.
(6) The evacuation according to paragraph 4 is only considered to be effected when all keys have been handed over to the Provider or his representative. For this purpose, the guest can, if this was previously expressly agreed with the provider, leave all keys on the table in the apartment and pull the apartment door closed. The guest is obliged to check the proper closing of the apartment door.
(7) In case of loss of one or more keys, the Guest shall pay the Provider compensation for their replacement and, if necessary, for the installation of new locks.
8 . Data Protection
The personal data provided by the guest including the identity card or passport number will be stored electronically by the provider. The data will not be disclosed to third parties, unless this is necessary for the execution of the contract.
9 . Final Provisions
(1) Changes or additions to the contract, the acceptance of the application or these General Terms and Conditions should be made in writing. Unilateral changes or additions by the guest are invalid.
(2) Place of performance and payment is Frankfurt, Germany.
(3) The contract shall be governed exclusively by the laws of the Federal Republic of Germany.
(4) The exclusive place of jurisdiction – also for disputes regarding checks and bills of exchange – in commercial transactions is Frankfurt, Germany. If one of the contracting parties has no general place of jurisdiction in Germany, the exclusive place of jurisdiction shall also be Frankfurt, Germany.
(5) These General Terms and Conditions are protected by copyright. They are only intended for the personal use of the guest. A commercial use by third parties is expressly excluded. The publication of these General Terms and Conditions, including on the Internet, does not imply that they are made available to third parties for use or modification. The prosecution of copyright infringements remains reserved.
(6) 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.
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