General Terms and Conditions
General Terms and Conditions (GTC) – "Holiday Apartment Weinbergsliebe"
Landlord:
Mona and Stefan Kauer
Burg-Layer-Straße 22
55452 Rümmelsheim
Applicability of the GTC
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.
The subletting or further leasing of the provided holiday apartment as well as its use for purposes other than residential purposes require the
prior written consent of the provider.
Booking/Booking Confirmation
Please submit your booking requests via the booking inquiry or send them in writing to info@weinbergsliebe.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.
Arrival / Departure
The holiday apartment is available on the day of arrival from 3:00 PM or by arrangement. If arrival is after 8:00 PM, this must be
discussed in advance. The key handover takes place after individual agreement. If necessary, the use of our key safe
is possible. If the tenant does not appear on the day of arrival, the contract is considered terminated after a period of 48 hours without notification to
the landlord. The landlord or their representative can then freely dispose of the property. A (proportional) refund of the rent
due to early departure does not generally occur.
Departure must take place on the day of departure by 10:30 AM at the latest. An overstay of more than 60 minutes
will result in a charge of half a night's stay.
On the day of departure, the apartment must be vacated in a broom-clean condition by 10:30 AM or by arrangement. Used dishes must be cleaned and stored back in the cupboards, the trash cans must be emptied, and the refrigerator must be cleared.
Special requests and side agreements
are generally possible. They require written confirmation from the landlord.
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.
Smoking
Smoking is not permitted in the holiday apartment.
Payment
The rental agreement becomes valid upon receipt of the deposit in the landlord's account. The tenant acknowledges the GTC with their deposit.
The deposit of 50% of the rental amount is due for payment within seven days after receipt of the booking documents.
After the deposit has been made, the payment of the remaining amount is due 15 days before the start of the trip. If the payment deadlines are not met,
the landlord can withdraw from the contract. Non-payment is considered a withdrawal and entitles the landlord to re-rent.
For short-term bookings, the total price must be transferred immediately after receipt of the booking confirmation/invoice or named payment deadline.
In exceptional cases, with prior agreement, payment can be made in cash upon arrival.
All bank transfer fees are to be borne entirely by the tenant, i.e., the full invoice amount must be credited to our bank account without charges.
We only accept payments via bank transfer or cash payments by prior arrangement, no EC or credit cards or checks.
Additional costs for water, electricity, car parking, and waste are not charged.
Charging an electric car is not permitted.
Withdrawal by the tenant
You can withdraw from the contract at any time.
The withdrawal must be made in writing. In the event of withdrawal, you are obliged to compensate us for the damage incurred.
From the day of booking confirmation by the landlord until the 30th day before the start of the rental, no compensation needs to be paid.
From the 29th day to the 7th day before the start of the rental, 50% of the total price will be charged.
In the case of a withdrawal less than six days before the start of the rental, the full travel price is to be paid.
The date of receipt of your withdrawal notice counts. Already paid amounts will be offset.
A replacement person who enters your contract under the stated conditions can be provided by you.
A written notification is sufficient.
Withdrawal by the landlord
In the event of a cancellation on our part due to force majeure, other unforeseeable circumstances (such as in the case of an accident or illness of the
hosts) as well as other circumstances for which we are not responsible that make fulfillment impossible; liability is limited to the refund
of costs. In the case of justified withdrawal, the customer has no claim for damages – liability for travel and hotel costs will
not be assumed.
A withdrawal by the landlord can occur after the start of the rental without notice if the tenant disturbs other tenants despite a warning
or behaves in such a way that immediate termination of the rental agreement is justified.
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 disruptions in water or electricity supply, as well as events and consequences due to force majeure are hereby
excluded. For items brought in by the guest, the landlord is liable according to the legal provisions (§701 BGB)
Obligations of the tenant
The tenant is obliged to treat the rented items (holiday home, inventory, and outdoor facilities) with care.
If damage occurs to the holiday home and/or its inventory during the rental period, the tenant is obliged to report this
immediately to the landlord.
Defects and damages identified upon arrival must be reported immediately to the landlord,
otherwise, the tenant is liable for these damages.
A reasonable period must be allowed for the rectification of damages and defects.
Claims from complaints that are not reported immediately on-site are excluded.
Complaints that are only received at the end of the stay or after leaving the holiday apartment with the landlord are
also excluded from compensation.
In the event of any performance disruptions, the tenant is obliged to do everything reasonable within their legal obligations
to contribute to the rectification of the disruption and to minimize any damage incurred.
Household waste must be disposed of in the designated containers, dishes must be clean and washed and stored in the kitchen cupboards.
Data Protection
The tenant agrees that necessary data about their person will be stored, changed, and/or deleted within the framework of the contract concluded with them.
All personal data will be treated absolutely confidentially.
Liability
The advertisement was created to the best of our knowledge.
Liability for any influence on the rental property due to force majeure, customary power and water outages, and
severe weather is excluded. Liability is also excluded in the event of unforeseeable or unavoidable circumstances such as official
orders, sudden construction sites, or disturbances caused by natural and local events. However, the landlord is happy to assist in
resolving the problems (as far as possible).
The landlord is not liable for the use of the provided play and sports equipment.
The arrival and departure of the tenant are at their own responsibility and liability.
The landlord is not liable for personal belongings in case of theft or fire.
The tenant is fully liable for willful destruction or damage.
Use of an Internet access via WLAN
Permission to use an Internet access via WLAN
The landlord maintains an Internet access via WLAN in their holiday property. They permit the tenant to use the WLAN access to the Internet during their stay in the
holiday property. The tenant does not have the right to allow third parties to use the WLAN.
The landlord does not guarantee the actual availability, suitability, or reliability of the Internet access for any purpose.
They are entitled at any time to allow other users to use the WLAN 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 usual and reasonable effort in
a reasonable time. The landlord particularly reserves the right, at their reasonable discretion and at any time, to block access to certain
sites or services via the WLAN (e.g., violent, pornographic, or paid sites).
Access Data
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 wishes to grant third parties access to the Internet via the WLAN, 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 undertakes to keep their access data confidential. The landlord has the right at any time
to change access codes.
Risks of WLAN use, liability limitation
The tenant is informed that the WLAN only enables access to the Internet, virus protection and firewall are not available.
The data traffic generated using the WLAN is unencrypted. Therefore, the data may 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 reach the end device when using the WLAN. The use of the WLAN 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 by the landlord and/or their
agents intentionally or through gross negligence.
Responsibility and indemnification from claims
The tenant is solely responsible for the data transmitted via the WLAN, the paid services claimed through it, and the legal transactions not made.
If the tenant visits paid websites or incurs liabilities, they are responsible for the resulting costs.
They are obliged to comply with applicable law when using the WLAN. The WLAN may not be used to retrieve or disseminate immoral or illegal content. No copyrighted goods may be unlawfully reproduced, distributed, or made accessible, especially in connection with the use of
file-sharing programs. The applicable youth protection regulations must be observed. Furthermore, no harassing, defamatory, or threatening content may be sent or disseminated.
The WLAN may not be used 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 an unlawful
use of the WLAN by the tenant and/or a violation of this agreement, this also extends to
costs and expenses related to the claim or its defense.
If the tenant recognizes or must recognize that such a legal violation and/or such a violation exists or threatens, they must inform the landlord of the holiday property of this circumstance.
Choice of law and jurisdiction
German law applies.
The place of jurisdiction for claims by the guest against the landlord is exclusively the landlord's place of residence.
For claims by 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 moved 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 landlord's place of residence is agreed as the exclusive place of jurisdiction.
Severability clause
If 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.
Final provisions
Photos and text on the website or in the flyer serve as a realistic description. A 100% match with the rental property
cannot be guaranteed. The landlord reserves the right to make changes to the furnishings (e.g., furniture) as long as they are equivalent.
The place of jurisdiction and fulfillment is the landlord's place of residence.
Source: www.ferienwohnung-richtig-vermieten.de
