Terms and Conditions (GTC)
1 . Validity of the terms and conditions
(1) These general terms and conditions for guest accommodation 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 provider's services are provided exclusively on the basis of these general terms and conditions.
(2) The subletting or re-letting of the holiday home provided and its use for purposes other than residential require the prior written consent of the provider.
(3) The guest's terms and conditions 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 . accommodation contract
(1) The accommodation contract is concluded when the provider confirms the guest's booking request by telephone or in writing by post and/or e-mail and thus accepts the booking (acceptance of application).
(2) Contractual partners are the provider and the guest. If a third party has ordered for the guest, they are liable to the provider together with the guest as joint debtor 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 correctness of the booking confirmation. If the content of the booking confirmation differs from the booking request and the guest does not raise objections immediately, the content of the booking confirmation is deemed to be contractually agreed.
3 . Services, prices, payment, offsetting
(1) The provider is obliged to keep the holiday apartment booked by the guest available and to provide the agreed services. The apartment corresponds to the equipment standard of an average rental apartment. The provider only assumes a guarantee for expressly promised equipment features, but not for the subjective quality of the equipment (e.g. ventilation).
(2) The guest is obliged to pay the applicable or agreed prices of the provider for the rental of the holiday apartment and the other services used by him. This also applies to services and expenses of the provider to third parties caused by the guest.
(3) All prices include the respective statutory VAT.
(4) The guest is obliged to provide truthful information about the number of people occupying the holiday apartment. The holiday apartment is available for a maximum of the number of people specified in the booking confirmation according to No. 2 Para. 1. Occupancy with a larger number of people requires the prior written consent of the provider. In this case, the price for the rental of the holiday 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 the price generally charged by the provider for such services increases, the provider can increase the contractually agreed price appropriately, but by no more than 10%.
(6) Payment of the price agreed for the use of the holiday apartment and for the other services agreed with the guest is due no later than the day before arrival. It must be made as a transfer or via PayPal, unless the provider has expressly agreed to a different method of payment to the guest. EC and credit cards cannot be accepted as means of payment on site.
(7) The provider reserves the right to demand a reasonable advance payment from the guest prior to arrival for the price agreed for the rental of the holiday apartment as well as the other services agreed with the guest. If an advance payment is requested with the booking confirmation in accordance with No. 2 Paragraph 1, this is due on the 8th day after the transmission of the booking confirmation. If the Provider is unable to post an incoming payment by the 8th day after the transmission of the booking confirmation, and if this is not paid after a reasonable period of grace set by the Provider has expired with the threat of rejection, the Provider is entitled to withdraw from the contract; he must notify the guest of this in writing. No. 5 para. 3 is then to be applied accordingly with the proviso that the 8th day after the transmission of the booking confirmation is considered the day of the cancellation.
(8) The guest can only offset a claim from the provider with an undisputed or legally established claim.
4 . General rights and obligations; House rule
(1) The guest must treat the holiday home and its inventory with care. The guest is obliged to comply with the house rules. From 10:00 p.m. to 7:00 a.m. the night rest applies. During this time, special consideration for the roommates and neighbors is required. TV and audio devices are to be set to room volume.
(2) For the duration of the rental of the holiday apartment, the guest is obliged to keep windows and doors closed when leaving the holiday apartment, to regulate all radiators to a low level and to switch off lights and technical devices.
(3) The accommodation of pets of any kind is only permitted in the holiday apartment with the prior written consent of the provider. The provider may charge a reasonable surcharge for the accommodation of animals. If animals are accommodated without the prior consent of the provider, the provider can charge a cleaning fee of up to EUR 200.00 (net).
(4) There is a general ban on smoking in the holiday apartment. In the event of violations, the provider can charge a cleaning fee of up to EUR 200.00 (net). Smoking is only allowed on balconies and terraces.
(5) Internet use is permitted after the conclusion of an Internet use agreement, insofar as this does not violate the statutory provisions. Criminal acts (in particular illegal downloads, page views) will be reported and prosecuted. The guest alone is liable for illegal use of the internet.
(6) The introduction and/or attachment of materials for decoration or similar is not permitted in the holiday apartment. The guest is solely liable for any decorations or similar that are included and/or attached and releases the provider from third-party claims. He is also obliged to compensate for damage caused by the installation and/or attachment of decorations or similar.
(7) The provider has a right of access to the holiday apartment at any time, especially in the event of imminent danger. Reasonable consideration must be given to the guest's interests worthy of protection when exercising the right of access. The provider will inform the guest in advance about exercising the right of access, unless this is unreasonable or impossible under the circumstances of the individual case.
5 . Withdrawal from the contract (cancellation; cancellation)
(1) A withdrawal by the guest from the contract concluded with the provider requires the written consent of the provider. If this does not take place, the agreed price from the contract must be paid even if the customer does not make use of the contractual services. This does not apply in cases of delay in performance by the provider or in the impossibility of providing the service for which he is responsible.
(2) The guest can only withdraw from the contract without triggering payment or damage claims on the part of the provider if the possibility of withdrawal by a specific date has been agreed in writing between the guest and the provider. 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 by the provider or an impossibility of service provision for which he is responsible.
(3) The guest is entitled to cancel up to 30 days before arrival without triggering payment or damage claims by the provider, otherwise according to the following provisions:
Cancellation no later than = amount of the nightly rate to be paid
30 days before arrival = 0%
25 to 29 days before arrival = 20%
15 to 24 days before arrival = 40%
10 to 14 days before arrival = 60%
5 to 9 days before arrival = 80%
< 5 days before arrival = 100%
If the booking was made via a booking platform such as Airbnb, booking.com or similar, the cancellation agreements stipulated there at the time the contract was concluded shall apply. Cancellations must be made in writing to the Provider unless the Provider agrees to a verbal cancellation. The cancellation day is the day the provider receives the cancellation.
(4) In the case of a holiday apartment not used by the guest, the provider must offset the income from renting the holiday apartment to other parties and the saved expenses.
(5) If the guest does not appear on the day of arrival by 10:00 p.m. at the latest or by no later than 60 minutes after a later time agreed in accordance with No. 7 Para. 1, without having canceled, the contract shall be deemed to have been cancelled. Paragraph 3 is to be applied accordingly. In addition, the provider can demand an administration fee of EUR 100.00 (net) from the guest.
(4) In the case of a holiday apartment not used by the guest, the provider must offset the income from renting the holiday apartment to other parties and the saved expenses.
(5) If the guest does not appear on the day of arrival by 10:00 p.m. at the latest or by no later than 60 minutes after a later time agreed in accordance with No. 7 Para. 1, without having canceled, the contract shall be deemed to have been cancelled. Paragraph 3 is to be applied accordingly. In addition, the provider can demand an administration fee of EUR 100.00 (net) from the guest.
(6) If the guest's right of withdrawal within a certain period of time pursuant to paragraph 2 has been agreed in writing, the provider is entitled to withdraw from the contract during this period if there are inquiries from other guests about the contractually booked holiday apartment and the guest responds to the provider's query not waived his right to withdraw.
(7) Furthermore, the provider is entitled to withdraw from the contract for an objectively justifiable reason or to terminate it extraordinarily if e.g. B.
a) force majeure or other circumstances for which the provider is not responsible make it impossible to fulfill the contract,
b) the holiday home with misleading or incorrect information about essential facts, e.g. B. in the person of the guest or regarding the purpose or regarding the occupancy or regarding the accommodation of animals,
c) the holiday home is used for purposes other than residential,
d) the provider has justified reason 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 provider's area of control or organization.
(8) The provider must inform the guest immediately of the exercise of the right of withdrawal or termination. In cases of paragraph 7 a), the provider must immediately reimburse any rental payments and/or advance payments that have already been made. In the case of justified withdrawal or justified termination by the provider, the guest is not entitled to compensation. The guest has to compensate the provider for all damages for which he is responsible due to a withdrawal or an extraordinary termination according to paragraph 7.
6 . Liability; statute of limitations
(1) The provider is liable for his obligations under the contract. Liability is limited to intent and gross negligence on the part of the provider if and to the extent that the statutory provisions do not require unlimited liability. Should disruptions or defects occur in the provider's services, the provider will endeavor to eliminate the disruption or defect if the guest becomes aware of it or if the guest complains immediately. The guest is obliged to do what is reasonable for him to eliminate the disruption or defect and to keep possible damage to a minimum.
(2) The provider is not liable for items brought in by the guest; they are not considered to be items brought in within the meaning of §§ 701 f. BGB. A liability of the provider according to these regulations is thus expressly excluded. This expressly also applies to valuables that the guest keeps and/or leaves behind in the holiday apartment.
(3) The guest is liable for all damage that he, his fellow travelers or his visitors culpably caused in the house of the holiday apartment, in the holiday apartment and/or on the inventory of the holiday apartment. A private liability insurance is recommended for the guest. The guest is obliged to report any damage to the provider immediately. This applies in particular to damage that can also affect other apartments in the house (e.g. water damage, fire damage).
(4) Claims by the guest become time-barred in six months, unless the provider is liable due to intent. Claims by the provider become statute-barred within the respective statutory period.
7 . Arrival and departure, key handover; Late Eviction
(1) The holiday apartment is regularly available from 3:00 p.m. on the day of arrival. You must arrive by 10 p.m. unless a later arrival time has been expressly agreed with the provider in advance. An arrival before 3:00 p.m. can also only take place if this has been expressly agreed with the provider in advance.
(2) If arrival is agreed between 10:00 p.m. and 8:00 a.m. and takes place during this time, the provider may charge a surcharge of EUR 30.00.
(3) The guest is obliged to present their valid identity card or passport to the provider upon arrival. Alternatively, the provider offers the guest the option of online check-in. Here, too, the guest is obliged to provide the data of his valid identity card or passport.
(4) The provider can demand payment of a deposit of EUR 150.00 upon arrival. The provider will refund this deposit if the apartment is vacated in good time and all keys are handed over on the day of departure, unless otherwise agreed with the guest and provided the apartment does not show any damage for which the guest is responsible. In the event of further damage to the holiday apartment and/or the inventory, the guest pays the amount of money required for the compensation in cash on site (§ 249 Para. 2 BGB).
(5) On the day of departure, the guest must vacate the holiday apartment by 10:00 a.m. at the latest. If the apartment is vacated late, the provider is entitled to an additional payment from the guest. This is
a) EUR 50.00 (net) for clearance after 10:00 a.m. but before 1:00 p.m.;
b) 100% of the agreed accommodation price/night if the room is vacated after 1:00 p.m.
In addition, the provider is entitled to compensation for all further damage incurred as a result of a delayed eviction.
(6) The eviction in accordance with paragraph 4 is only deemed to have been effected when all keys have been handed over to the provider or his representative. For this purpose, the guest can, if this has been expressly agreed with the provider beforehand, leave all the keys on the table in the holiday apartment and close the apartment door. The guest is obliged to check that the apartment door is properly closed.
(7) If one or more keys are lost, the guest must pay the provider compensation for their replacement and, if necessary, for the installation of new locks.
8. Privacy
The personal data provided by the guest will not be passed on to third parties by the landlord, unless
a) this is necessary for the execution of the contract;
b) it is a request from law enforcement agencies.
9 . Final Provisions
(1) Changes or additions to the contract, the acceptance of applications or these General Terms and Conditions should be made in writing. Unilateral changes or additions by the guest are invalid.
(2) The place of performance and payment is Leutkirch im Allgäu, Germany. Place of jurisdiction for tenancy law is Leutkirch im Allgäu. The general place of jurisdiction is Leutkirch im Allgäu.
(3) The law of the Federal Republic of Germany applies exclusively to the contract.
(4) These general guest accommodation conditions are only intended for the personal use of the guest. Commercial use by third parties is expressly prohibited.
(5) Should one of the above provisions be or become invalid or void, this shall not affect the validity of the remaining provisions. The invalid provision is to be replaced by a provision that comes closest to the purpose of the provision to be replaced. In addition, the statutory provisions apply.
