General Terms and Conditions (GTC 2020)
General Terms and Conditions for RENTING THE HOLIDAY APARTMENT FEWO GROHLZ
§ 1. Validity of the General Terms and Conditions (1) These General Terms and Conditions apply to contracts for the rental rental of holiday apartments for accommodation, as well as all other services and deliveries made by the provider for the guest. The services of the provider are based exclusively on these general terms and conditions. (2) The subletting or subletting of the rented apartment and its use for purposes other than living require the prior written consent of the provider. (3) Terms and conditions of the guest only apply if they have been agreed in advance. Deviations from these conditions are only effective if the provider has expressly confirmed them in writing.
§ 2 Booking / booking confirmation Please enter booking requests in the booking request or send them in writing to firstname.lastname@example.org or call us. If we can provide you with the desired apartment in the desired period, we will send you a written confirmation of the booked apartment .The reservation for the apartment is final upon receipt of the booking confirmation or after the down payment has been made (see §3).
§ 3 Terms of payment The deposit of 100% of the total amount must be Paid to receive the booking confirmation / receipt of the invoice. For short-term bookings, the total price must be transferred immediately. In exceptional cases with prior agreement, payment can be made in cash on arrival. The minimum rental period is 2 nights. Depending on the season, overnight stays for 1 night are possible on request. We ask for your understanding that in this case we will charge a corresponding surcharge - see price list. The price list (appendix) is part of these terms and conditions. In the event of a delay in payment, we are entitled to demand the applicable statutory default interest of currently 5% above the base rate. The customer must reimburse reminder costs of EUR 15.00 for each reminder after the occurrence of default. We only accept payments directly on our website or trough paypal bank transfer or cash payments by arrangement, no checks.
§ 4 Arrival and departure The apartment is available on the day of arrival from 2 p.m. or by arrangement. Please let us know your expected arrival time at least 1-2 days before arrival. The door pin code is sent per email 24h prior to your Check in Date. On the day of departure, the apartment must be swept clean by 10 a.m. or after consultation (exception see "Late Checkout"). All used dishes must be put back in the cupboards, and the refrigerator must be cleared. Please throw all used towels and bedclothes on the floor of bathroom before departure. Late check-out A late check-out must be agreed when booking - if there is no immediate follow-up booking, the late check-out can be arranged during the stay. For a late check-out between 10.30 a.m. and 6 p.m. half the daily price will be charged. In the case of late check-out after 6:00 p.m., an overnight stay will be charged. The landlord reserves the right to invoice a late departure accordingly or to offset the deposit. In the case of prior check-in before 2 p.m., half of the daily price will be charged.
§ 5 apartment / rooms The apartment is handed over by the landlord in a neat and clean condition with complete inventory. If there are defects or occur during the rental period, the landlord must be informed immediately. The tenant is liable for any damage caused to the rental property, the inventory, e.g. broken dishes, damage to the floor or furniture. This also includes the cost of lost keys. The inventory is to be treated carefully and with care and is only intended for staying in the holiday apartments. The adjustment of furnishings, especially beds, is prohibited. The tenant is also liable for the fault of his fellow travelers. Damage caused by force majeure is excluded. If the holiday home is used contrary to the contract, such as sublet, overcrowding, disturbance of the house peace, etc., as well as if the full rental price is not paid, the contract can be terminated without notice. The rent already paid remains with the landlord. If there is liability insurance, 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 company.
§ 6 Pets The accommodation of pets of any kind is not allowed in the apartment. If pets are brought along anyway, the apartment will not be rented out. There are cancellation costs as in the event of a failed arrival and if pets noted on property we will charge a fee of 250EUR for cleaning and sanitizing the apartment
§ 7 Stay The apartment may only be used by the people listed in the booking. If the apartment is used by more people than agreed, a separate fee must be paid, which is determined in the rental price. In this case, the landlord also has the right to terminate the rental agreement without notice. Subletting and transferring the apartment to third parties is not permitted. The rental contract may not be passed on to third parties. The tenant agrees to the general terms and conditions and the house rules of the Fewo grohlz holiday apartments. The declaration of consent is made with the payment. In the event of violations of the terms and conditions or the house rules, the landlord is entitled to terminate the tenancy immediately and without notice. There is no legal claim to repayment of the rent or compensation.
§ 8 Cancellation of the trip In case of cancellation of the rental contract, the tenant is obliged to pay part of the agreed price as compensation. Cancellation must be made in writing. The amount of the compensation depends on the time until the day of arrival and is as follows: up to 14 Days before the day of arrival no cancellation costs , from 14 to 1 days before arrival day or 100% of the agreed rental price in the event of no-show. It is recommended that you contact us.
§ 9 Cancellation by the landlord In the event of a cancellation on our part, as a result of force majeure or other unforeseeable circumstances (such as in the event of an accident or illness of the host) as well as other circumstances for which we are not responsible, fulfillment is impossible; liability is limited to reimbursement of costs. In the event of justified withdrawal, the customer is not entitled to compensation - liability for travel and hotel costs is not accepted. A cancellation by the landlord can take place after the start of the rental without observing a deadline if the tenant disturbs other tenants in the long term despite warning or if the tenant is in breach of the contract to such an extent that the immediate cancellation of the rental contract is justified.
§10 Liability of the landlord The landlord is liable within the framework of the due diligence of a prudent businessman for the proper provision of the rental property. Liability for possible failures or disruptions in water or electricity supply, as well as events and consequences due to force majeure are hereby excluded. The landlord is liable for items brought in by the guest in accordance with the statutory provisions (§701 BGB)
§11 Use of Internet access via WLAN
§11.1. Permission to use Internet access via WLAN The landlord maintains Internet access via WLAN in his vacation property. It allows the tenant to share WiFi 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 WLAN. 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 additional co-users for the operation of the WLAN in whole, in part or at times, and to restrict or exclude the tenant's access in whole, in part or in part if the connection is misused or has been, as far as the landlord has to fear a claim and cannot prevent this with the usual and reasonable effort in a reasonable time. In particular, the landlord reserves the right to block access to certain websites or services via the WLAN at its reasonable discretion and at any time (e.g. violence-glorifying, pornographic or paid websites).
§11.2. Access data Use is by means of access security. The access data (login and password) must never be passed on to third parties. If the tenant wants to grant third parties access to the Internet via WLAN, this is dependent on the prior written consent of the landlord and the third party's acceptance of the provisions of this user agreement, documented by means of a signature and complete identification. The tenant undertakes to keep his access data secret. The landlord has the right to change access codes at any time.
§12 Written form There are no other agreements than those listed in this contract. No verbal agreements were made. The general terms and conditions are accepted by the moment payment is done.
§13. Limitation claims of the guest to the lessor shall lapse after one year from the statutory limitation period (§ 199 para 1 BGB) Of these remain unaffected claims of the guest from injury to life, limb, health or other claims on an intentional or grossly negligent breach of duty by the lessor, a legal representative or vicarious agent.
§ 14. Choice of law and place of jurisdiction German law applies. The place of jurisdiction for complaints by the guest against the landlord is exclusively the landlord's registered office. For lawsuits by the landlord against merchants, legal entities under public or private law, which do not have a general place of jurisdiction in Germany or who have moved their domicile or habitual place of residence abroad after conclusion of the contract or whose domicile or habitual domicile is not known at the time the lawsuit was filed , the location of the landlord is agreed as the exclusive place of jurisdiction.
§15. Severability clause Should one or more provisions of these terms and conditions become ineffective, this does not affect the effectiveness of the remaining provisions. The ineffective provision is to be replaced by an effective one that comes as close as possible to the economic purpose pursued by the ineffective provision.