§ 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 services of the provider take place exclusively on the basis of these general terms and conditions.
(2) The subletting or re-letting of the rented holiday apartment as well as 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, email and / or fax and thus accepts the booking (application acceptance).
(2) Contractual partners are the provider and the guest. If a third party has ordered for the guest, he and the guest are jointly and severally liable to the provider for all obligations arising from this contract, provided the provider has a corresponding declaration from the third party.
(3) The guest is obliged to check the booking confirmation for correctness. If the content of the booking confirmation deviates 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 holiday apartment corresponds to the equipment standard of an average rented apartment. The provider only accepts liability for features that have been expressly agreed, but not for the subjective quality of the features (e.g. ventilation).
(2) The guest is obliged to pay the applicable or agreed prices of the provider for the provision of the holiday apartment and the other services used by him. This also applies to services and expenses of the provider to third parties initiated by the guest.
(3) All prices include the respective statutory value added tax.
(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 in accordance with Section 2 (1). The occupancy of an additional number of people requires the prior written consent of the provider. In this case, the price for the rental of the holiday home increases to the price generally calculated 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 no more than 10%.
(6) Payment of the price agreed for the rental of the holiday home and for the other services agreed with the guest is due on the day of arrival at the latest when the keys are handed over. It must be made in cash at this point in time, unless the provider has expressly agreed to a different method of payment for the guest. EC and credit cards cannot be accepted as a means of payment on site.
(7) The provider reserves the right to request a reasonable advance payment from the guest prior to arrival on 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 required with the booking confirmation in accordance with Section 2 (1), this is due on the 8th day after the booking confirmation has been sent. If the provider cannot post an incoming payment by the 8th day after the booking confirmation has been sent, and if this is not paid after a reasonable grace period set by the provider with a threat of rejection, the provider is entitled to withdraw from the contract; he must inform the guest of this in writing. Section 5 (3) is then to be applied accordingly with the proviso that the 8th day after the booking confirmation has been sent is the day of cancellation.
(8) The guest can only offset an undisputed or legally established claim against a claim by the provider.
§ 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 period is quiet. During this time, special consideration for roommates and neighbors is required. TV and audio equipment must 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) Pets of any kind may only be accommodated in the holiday apartment with the prior written consent of the provider. The provider can charge a reasonable surcharge for the accommodation of animals. If animals are accommodated without the provider's prior consent, the provider can charge a flat-rate cleaning fee of up to € 200.00 (net).
(4) There is a general ban on smoking in the holiday apartment. In the event of non-compliance, the provider can charge a flat-rate cleaning fee of up to € 200.00 (net). Smoking is only allowed on balconies and terraces.
(5) Internet use is permitted after the conclusion of an Internet usage agreement with specification of the passport number, provided this does not violate the statutory provisions. Criminal acts (in particular illegal downloads, page views) will be reported and prosecuted. The guest is solely responsible for unlawful 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 have been installed and / or attached and exempts the provider from claims by third parties. He is also obliged to compensate for damage caused by the installation of decorations or the like.
(7) The provider has the right to access the holiday home at any time, especially in the case of imminent danger. Appropriate consideration must be given to the interests of the guest that are worthy of protection when exercising the right of access. The provider will inform the guest in advance about the exercise of the right of access, unless this is unreasonable or impossible for him in 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 is not done, the price agreed in 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 an impossibility of performance for which he is responsible.
(2) The guest can only withdraw from the contract without triggering payment or compensation claims on the part of the provider if the possibility of withdrawal by a certain date has been agreed in writing between him and the provider. This right of withdrawal of the guest expires if he does not exercise his right to withdraw in writing against the provider by the agreed date, unless there is a case of delay in performance by the provider or an impossibility of performance for which he is responsible.
(3) Without triggering payment or damage claims by the provider, the guest is entitled to cancel up to 30 days before arrival, otherwise according to the following provisions: