General Terms and Conditions - General Rental Conditions

 

1. Subject of the contract

The rental contract for the holiday accommodation described below is binding.

The accommodation is rented to the tenant for the specified contract period exclusively for use for holiday purposes and may only be occupied by the maximum number of people specified in the rental contract.

2. Rental period

On the day of arrival, the landlord makes the rental property available to the tenant in the condition specified in the contract. Arrival and departure times are either stated in the booking confirmation or must be clarified individually.

3. Cancellation by the tenant

The tenant can cancel the trip at any time before the start of the trip. The cancellation notice should be made in writing for reasons of evidence. If the tenant withdraws from the rental agreement, he must pay a flat-rate compensation for the expenses already incurred by the landlord and the lost profit in the following amount:

  • up to 15 days before the start of the trip          free of charge
  • from 14 days before the start of the trip           30% of the travel price
  • from 7 days before the start of the trip             60% of the travel price
  • no advance payment necessary                         you pay when you move in

The tenant reserves the right to prove that the landlord has suffered no or significantly less damage.

If the tenant withdraws from the contract, he can name a replacement tenant who is willing to enter into the existing contractual relationship in his place. The landlord can object to the third party entering into the contract if he appears to be economically or personally unreliable.

If a third party enters into the rental agreement, he and the previous tenant are jointly and severally liable to the landlord for the rental price and the additional costs incurred by the third party entering into the contract.
The tenant is advised to take out travel cancellation insurance.

4. Termination by the landlord

The landlord can terminate the contractual relationship before or after the start of the rental period without notice if the tenant does not make the agreed payments (down payment, final payment and deposit) on time despite a previous reminder or otherwise behaves in such a way that the landlord cannot reasonably be expected to continue the contractual relationship. In this case, the landlord can demand compensation from the tenant for the expenses incurred up to the termination and for the lost profit.

5. Cancellation of the contract due to exceptional circumstances

The rental contract can be terminated by either party if the fulfillment of the contract is significantly made more difficult, endangered or impaired as a result of force majeure that was not foreseeable at the time the contract was concluded. Both contracting parties are released from their contractual obligations. However, they must reimburse the other contracting party for services already provided.

6. Tenant's obligations

The tenant undertakes to treat the rental property, including inventory, with the utmost care. The tenant is liable for any culpable damage to furnishings, rented premises or the building, as well as the systems belonging to the rented premises or the building, if and to the extent that it was caused by him or his companions or visitors.
The tenant must immediately report any damage to the rented premises to the landlord or a designated contact point (property management), unless he is obliged to remedy it himself. The tenant is liable for any consequential damage caused by failure to report it in a timely manner.

No waste, ash, harmful liquids or similar may be disposed of in the sewer system. If blockages occur in the sewage pipes due to non-compliance with these regulations, the person responsible will bear the cost of repairs.

If any malfunctions occur in the systems and facilities of the rented property, the tenant is obliged to do everything reasonable to help remedy the malfunction or to minimize any damage that may occur.

The tenant is obliged to immediately inform the landlord or the property management of any defects in the rented property. If the tenant fails to report this, he is not entitled to any claims for non-fulfillment of the contractual services (in particular no claims for rent reduction).

7. Liability of the landlord

The landlord is liable for the accuracy of the description of the rental property and is obliged to properly provide the contractually agreed services and to maintain them for the entire rental period. The landlord's liability for property damage resulting from unlawful acts is excluded unless it is based on an intentional or grossly negligent breach of duty by the landlord or his vicarious agent. The landlord is not liable in cases of force majeure (e.g. fire, flooding, etc.)

8. Keeping animals

Animals of any kind are not permitted in the accommodation.

9. Changes to the contract

Ancillary agreements, changes and additions to the contract must be made in writing.

10. House rules

The tenants are asked to show mutual consideration.

In particular, disturbing noises, namely loud slamming of doors and activities that annoy fellow residents with the noise they create and disturb the peace and quiet of the home, are to be avoided.

11. Choice of law and place of jurisdiction

German law applies. The local court in whose district the defendant has its general place of jurisdiction is responsible for all disputes arising from this contractual relationship.

For lawsuits brought by the landlord against merchants, legal entities under public or private law or persons who do not have a general place of jurisdiction in Germany or who have moved their place of residence or habitual abode abroad after the conclusion of the contract or whose place of residence or habitual abode is not known at the time the lawsuit is filed, the landlord's place of residence is agreed as the exclusive place of jurisdiction.