General Terms and Conditions (GTC 2023)
GTC FOR THE RENTAL OF
HOLIDAY APARTMENTS / Pretorius
§ 1. Applicability of the GTC
(1) These General Terms and Conditions apply to contracts for the rental of holiday apartments 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 based on these General Terms and Conditions.
(2) The subletting or further rental of the provided holiday apartment as well as its use for purposes other than residential purposes require the prior written consent of the provider.
(3) The guest's terms and conditions only apply if they have been agreed upon in advance. Deviations from these conditions are only effective if the provider has expressly confirmed them in writing.
§ 2 Booking/Booking Confirmation
Please enter your booking requests via the booking inquiry or send them in writing to info@ferienwohnungen.pretorius.de or call us. If we can provide you with the desired holiday apartment in the desired period, you will receive a written confirmation of the booked holiday apartment as well as the invoice. The reservation for the holiday apartment is legally binding upon receipt of the booking confirmation or after the deposit has been made (see §3).
§ 3 Payment Terms
The deposit of 20% of the total amount must be transferred to our account within 2 weeks after receipt of the booking confirmation/invoice. The remaining payment must also be transferred to our account no later than 3 weeks before arrival. For last-minute bookings, the total price must be transferred immediately after receipt of the invoice/booking confirmation. In exceptional cases with prior agreement, payment in cash upon arrival is possible.
The minimum rental period is 2 nights. Overnight stays for 1 night are seasonally possible upon request. We ask for your understanding that in this case we charge a corresponding surcharge - see price list.
The price list (attachment) is part of these GTC.
In case of payment delay, we are entitled to demand the applicable statutory default interest of currently 5% above the base interest rate. For each reminder after the occurrence of default, the customer must reimburse us for reminder costs of 15.00 euros. All other costs incurred in the context of collection are borne by the customer. Payment costs, especially for transfers from abroad, are borne by the customer. All bank transfer fees must be fully borne by the tenant, i.e., the full invoice amount must be credited to our bank account free of charge. We only accept payments by bank transfer or cash payments by prior arrangement, no EC or credit cards or checks.
§ 4 Arrival and Departure
The holiday apartment is available on the day of arrival from 15:00 or by arrangement. Please inform us of your expected arrival time at least 1-2 days before arrival. If arrival is after 20:00, this must be agreed upon in advance. The key handover takes place after individual agreement. If necessary, the use of our key safe is possible. On the day of departure, the apartment must be vacated by 11:00 or by arrangement in a broom-clean condition (exception see “Late Checkout”). All used dishes must be cleaned and put back in the cupboards, the trash cans must be emptied, and the refrigerator must be emptied. Please throw all used towels and bed linen in a pile on the floor before departure.
Late Checkout
A late checkout must be agreed upon at the time of booking - if there is no immediate follow-up booking, the late checkout can still be agreed upon during the stay. For a late checkout between 10:30 - 18:00, half the daily rate will be charged. For late checkouts after 18:00, costs equivalent to one overnight stay will be charged. The landlord reserves the right to charge for a delayed departure accordingly or to deduct it from the deposit. In case of prior agreement for an earlier check-in - before 15:00, half the daily rate will be charged.
§ 5 Holiday Apartments/Rentals
The holiday apartment is handed over by the landlord in a proper and clean condition with complete inventory. If there are defects or if they occur during the rental period, the landlord must be informed immediately. The tenant is liable for damages caused by him to the rental property, the inventory, e.g., broken dishes, damages to the floor or furniture. This also includes the costs for lost keys. The inventory must be treated gently and carefully and is only intended for use in the holiday apartments. Rearranging furniture, especially beds, is prohibited. The tenant is also liable for the fault of his fellow travelers. Damages caused by force majeure are excluded from this. In case of improper use of the holiday apartment, such as subletting, over-occupancy, disturbance of the peace, etc., as well as in case of non-payment of the full rental price, the contract can be terminated without notice. The rent already paid remains with the landlord.
If liability insurance exists, the damage must be reported to the insurance company. The landlord must be informed of the name and address, as well as the insurance number of the insurance.
§ 6 Pets
The accommodation of pets of any kind is not allowed in the holiday apartment. If pets are brought along, the apartment will not be rented. Cancellation costs will apply as if the arrival did not occur.
§ 7 Stay
The holiday apartment may only be used by the persons listed in the booking. If the apartment is used by more persons than agreed, a separate fee must be paid for them, which is determined in the rental price. The landlord also has the right to terminate the rental agreement without notice in this case. Subletting and transfer of the apartment to third parties is not allowed. The rental agreement may not be passed on to third parties. The tenant agrees to the General Terms and Conditions as well as the house rules of the Pretorius holiday apartments. The declaration of consent occurs with the payment. In case of violations against the GTC or the house rules, the landlord is entitled to terminate the rental relationship immediately and without notice. There is no legal claim for a refund of the rent or compensation.
§ 8 Cancellation by the Tenant
In case of cancellation of the rental agreement, the tenant is obliged to pay a part of the agreed price as compensation. A cancellation must be made in writing. The amount of compensation is based on the time until the day of arrival and is as follows:
up to 2 months before the day of arrival no cancellation costs
up to 1 month before the day of arrival 50% of the agreed rental price
up to 2 weeks before the day of arrival 80% of the agreed rental price
up to 1 week before the day of arrival 90% of the agreed rental price from 6 days before the day of arrival or in case of no-show 100% of the agreed rental price. The conclusion of a travel cancellation insurance is recommended.
§ 9 Cancellation by the Landlord
In case of cancellation on our part due to force majeure or other unforeseeable circumstances (e.g., in case of accident or illness of the hosts) as well as other circumstances that make fulfillment impossible; liability is limited to the refund of costs. In case of justified cancellation, the customer has no claim for damages - liability for travel and hotel costs is not assumed.
A cancellation by the landlord can occur after the start of the rental without notice if the tenant disturbs other tenants despite warning or behaves in such a way that immediate termination of the rental agreement is justified.
§10 Liability of the Landlord
The landlord is liable within the framework of the duty of care of a prudent businessman for the proper provision of the rental property. Liability for any failures or disturbances in water or electricity supply, as well as events and consequences due to force majeure are excluded. For items brought in by the guest, the landlord is liable according to the statutory provisions (§701 BGB)
§11 Use of Internet Access via Wi-Fi
§11.1. Permission to use an Internet access via Wi-Fi
The landlord maintains an Internet access via Wi-Fi in his holiday property. He allows the tenant to use the Wi-Fi access to the Internet for the duration of his stay in the holiday property. The tenant does not have the right to allow third parties to use the Wi-Fi. The landlord does not guarantee the actual availability, suitability, or reliability of the Internet access for any purpose. He is entitled at any time to allow other users to use the Wi-Fi for operation, either entirely, partially, or temporarily, and to restrict or exclude the tenant's access entirely, partially, or temporarily if the connection is misused or has been misused, to the extent that the landlord must fear a claim and cannot prevent this with reasonable and customary effort in a timely manner. The landlord particularly reserves the right to block access to certain sites or services via the Wi-Fi at his discretion and at any time (e.g., violent, pornographic, or paid sites).
§11.2. Access Data
The use is secured by access protection. The access data (login and password) must not be passed on to third parties in any case. If the tenant wants to grant third parties access to the Internet via Wi-Fi, this is subject to the prior written consent of the landlord and the documented acceptance of the regulations of this usage agreement by the third party through signature and complete identification. The tenant agrees to keep his access data confidential. The landlord has the right to change access codes at any time.
§11.3. Risks of Wi-Fi Use, Limitation of Liability
The tenant is informed that the Wi-Fi only allows access to the Internet, virus protection and firewall are not available. The data traffic generated using the Wi-Fi is unencrypted. The data may therefore possibly be viewed by third parties. The landlord expressly points out that there is a risk that malware (e.g., viruses, trojans, worms, etc.) may enter the end device when using the Wi-Fi. The use of the Wi-Fi is at the tenant's own risk. The landlord assumes no liability for damages to the tenant's digital media that arise from the use of the Internet access unless the damages were caused intentionally or through gross negligence by the landlord and/or his agents.
§11.4. Responsibility and Indemnification of Claims
The tenant is solely responsible for the data transmitted via Wi-Fi, the incurred costs for paid services, and unexecuted legal transactions. If the tenant visits paid websites or incurs liabilities, he must bear the resulting costs. He is obliged to comply with applicable law when using the Wi-Fi. In particular, he will not use the Wi-Fi to retrieve or disseminate immoral or illegal content; not unlawfully reproduce, distribute, or make available copyrighted goods; this applies particularly in connection with the use of file-sharing programs; observe applicable youth protection regulations; not send or disseminate offensive, defamatory, or threatening content; not use the Wi-Fi to send mass messages (spam) and/or other forms of unlawful advertising. The tenant indemnifies the landlord of the holiday property from all damages and claims from third parties that are based on illegal use of the Wi-Fi by the tenant and/or on a violation of this agreement, including costs and expenses related to the enforcement or defense thereof. If the tenant recognizes or must recognize that such a legal violation and/or such a violation exists or threatens, he must inform the landlord of the holiday property of this circumstance.
§12 Written Form
Other than the agreements listed in this contract do not exist. No oral agreements have been made. The general terms and conditions are accepted with the transfer of the deposit.
§14. Limitation Period
Claims of the guest against the landlord generally expire after one year from the statutory commencement of the limitation period (§199 Abs.1 BGB) Claims of the guest arising from injury to life, body, health, as well as other claims based on intentional or grossly negligent breach of duty by the landlord, a legal representative, or agents remain unaffected.
§ 15. Choice of Law and Jurisdiction
German law applies. The place of jurisdiction for claims of the guest against the landlord is exclusively the seat of the landlord. For claims of the landlord against merchants, legal entities under public or private law that do not have a general place of jurisdiction in Germany or who have relocated their residence or habitual residence abroad after the conclusion of the contract or whose residence or habitual residence is not known at the time of filing the lawsuit, the seat of the landlord is agreed as the exclusive place of jurisdiction.
§16. Severability Clause
Should one or more provisions of these GTC become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid one that comes closest to the economic purpose pursued by the invalid provision.