GENERAL TERMS AND CONDITIONS FOR THE RENTAL OF
TEMPORARY LOGGIN APARTMENT (GTC)
Ringstraße 1, 66849 Landstuhl
Zum Fuchsloch 2, 66882 Hütschenhausen
Tel: 0152 561 466 58,
1. SCOPE OF APPLICATION
1.1 These General Terms and Conditions shall apply to contracts for the rental of a holiday home 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 on the basis of these General Terms and Conditions.
The general terms and conditions can be viewed by our guests in the holiday apartment and on our website.
2. CONCLUSION OF CONTRACT
2.1 Contracting parties are the guest and the lessor.
If a 3rd person acts on behalf of the guest (guests) he is liable in addition to the guest (guests) as
Joint and several debtor to the landlord for any liabilities and all obligations arising from the rental agreement.
2.2 The rental contract is considered concluded when the holiday apartment has been reserved by the guest and the reservation has been confirmed by the landlord.
Both the reservation and the reservation confirmation can be made by telephone, e-mail, Internet or post.
In special cases, a rental contract can also be concluded without a written agreement, but only through the conclusive conduct of both parties to the contract.
2.3 The tenant agrees to the general terms and conditions as well as the house rules of the holiday apartment. The declaration of consent is made with the payment.
In the event of violations of the AGB´s or the house rules, the landlord is entitled to terminate the tenancy immediately and without notice. A legal claim for repayment of the rent or compensation does not exist.
3. TERMS OF PAYMENT
The deposit of 20% of the total amount is due immediately after the booking confirmation. The balance will be paid at the latest on the day of arrival.
In the case of short-term bookings, the entire invoice amount must be paid at the latest on the day of arrival.
Payments by Paypal and credit card are accepted.
In case of an earlier departure as contractually agreed (for whatever reason), the entire agreed contract price remains due.
In the event of default in payment, the Lessor shall be entitled to demand the statutory default interest currently applicable at a rate of 5% above the base rate. For each reminder after the occurrence of default, the customer must reimburse us for reminder costs amounting to 15.00 euros. All other costs incurred within the scope of collection shall be borne by the customer.
If claims (for whatever reason) cannot be realised, the Lessor will exercise his Lessor's lien and may temporarily prevent the removal of property and luggage by way of self-help until clarification has been obtained.
The landlord may vacate the apartment under supervision if the agreed rental period has been extended unilaterally by the guest.
3. ARRIVAL AND DEPARTURE
3.1 On the day of arrival, the holiday apartment is available from 14.00 hrs. If you arrive earlier, your luggage can usually be stored. If the apartment is already ready for occupancy, you can move in earlier. For better disposition, please inform the landlord of the approximate arrival time. Should delays occur, the landlord must also be informed in good time by telephone.
Arrival and departure days are considered as one day at the time of reservation, so the number of overnight stays counts.
If you arrive after 20:00, this must be arranged in advance. Claims for damages cannot be asserted if the holiday flat cannot be occupied on time at 14:00 hrs as an exception.
On the day of departure the apartment must be vacated by 11.00 am.
If, for reasons for which the landlord is not responsible, the apartment is handed over after 12.00 a.m., the following shall apply 50 % of the room price, after 18.00 o'clock 100 %, calculated.
The apartment must be left swept clean on the day of departure. The dishes, glasses, etc. must be cleaned and emptied, the rubbish bins emptied and the fridge emptied.
4. THE APARTMENT
4.1 The landlord is obliged to keep the holiday home ready at the time booked. Limited to the rental period, the guest will also be provided with the functional room and parking space.
4.2 The holiday flat is handed over by the landlord in an orderly and clean condition with complete inventory. Should defects exist or occur during the rental period, the landlord must be informed immediately.
4.3 The holiday home may be used exclusively for residential purposes and also only for be used by the persons listed in the booking.
Should the apartment be used by more persons than agreed upon, a separate fee is to be paid for these persons, which is determined in the rental price. In this case, the landlord also has the right to cancel the rental contract without notice.
4.4 The subletting or subletting of the apartment is not permitted.
4.5 The inventory shall be handled with care and only intended to remain in the holiday home. The adjustment of furnishings is prohibited.
The tenant is also liable for the fault of his fellow travellers. Damages caused by force majeure are excluded.
The contract can be terminated without notice if the holiday home is used contrary to the terms of the contract, such as subletting, overcrowding, disturbance of peace in the house, etc., or if the full rental price is not paid. The rent already paid remains with the landlord.
If a liability insurance exists, the damage must be reported to the insurance company. The landlord is to be informed of the name and address, as well as the insurance number of the insurance.
5. RENTAL PERIOD
5.1 The holiday home is rented exclusively for a certain period of time.
The minimum rental period is 3 days, the maximum rental period is usually four weeks.
Different rental periods can be agreed in writing.
6.1 The stay of animals in the apartment is generally not permitted.
Exceptions require the prior written approval of the landlord.
7. CANCELLATION AND WITHDRAWAL CONDITIONS
7.1 A cancellation must be made in writing (by e-mail, letter, ) to the landlord of the holiday home.
The cancellation fees are staggered as follows:
Cancellations between the 7th and 3rd day before arrival: 50% of the agreed contract price.
Within 48 hours before the reserved booking 100% of the agreed contract price.
The cancellation conditions shall be reduced by the amounts obtained by the landlord in the event that the apartment is rented to a third party. The client is free to prove that no damage has occurred or that the damage to the holiday home is lower than the flat rate demanded.
7.2 If an appointment to withdraw from the contract was agreed in writing between the landlord and the guest, the guest can withdraw from the contract until then, without payment or compensation claims of the holiday home to trigger. The customer's right to withdraw expires if he does not exercise his right to withdraw in writing from the holiday home by the agreed date.
7.3 If a right of withdrawal of the customer has been agreed in writing within a certain period, the holiday home company is entitled to withdraw from the contract during this period, unless the customer has expressly waived his right to withdraw. If an agreed advance payment is not made by the agreed date, the holiday home is also entitled to withdraw from the contract.
7.4. Furthermore, the Lessor is entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if force majeure or other circumstances beyond the Lessor's control make performance of the contract impossible.
These circumstances must be reported to the client immediately. If no such notification is made, the use of the holiday home shall be deemed to have been made in accordance with the contract.
7.5 The Lessor shall inform the client immediately of the exercise of the right of withdrawal by means of the communication channel practised with the client.
8.1 The Lessee is liable for any damage caused by him or his co-inhabitants to the rental property, the inventory, e.g. broken crockery, damage to the floor or furniture. This also includes the costs for lost keys.
8.2 The Lessor is liable within the scope of the duty of care of a prudent businessman for the proper provision of the rental object. A liability for possible failures or disturbances in water or power supply, as well as events and consequences due to acts of nature are hereby excluded.
8.3 It is the guest's responsibility to insure any items brought along against theft, damage or destruction. Liability of the holiday home operator for loss, theft, damage or destruction is excluded.
8.4 The guest takes over the apartment together with the furnishing/inventory in the condition in which he found it at handover and briefing. Complaints or notices of defects of any kind must be made by the guest to the landlord immediately upon handover/occupation. If this does not take place, later claims of the guest are already excluded with knowledge or reasonable knowledge of the defects with delivery.
8.5 Should complaints or defects in the services of the holiday home occur during the contract period, these must be reported to the landlord immediately.
The landlord will endeavour to remedy the situation if the customer becomes aware of the defect or if the customer complains immediately. For his part, the guest is obliged to contribute what is reasonable in order to remedy the disturbance and to keep any possible damage to a minimum.
8.6 Claims or reservations must be made in writing to the landlord at the latest when moving out or returning the apartment.
8.7 The holiday home is not liable for the loss of or damage to motor vehicles parked or manoeuvred on the property and their contents, except in the case of intent or gross negligence.
8.8 Wake-up orders, news, mail and goods deliveries or other services for guests beyond the pure accommodation contract are not part of the lessor's scope of services. Should these services be taken over by agreement in exceptional cases, they must be carried out with the greatest care.
Claims for damages, except for gross negligence or intent, are excluded.
9. USE OF THE INTERNET CONNECTION VIA WLAN
9.1 The landlord maintains Internet access via WLAN in his holiday property. He allows the tenant for the duration of his stay in the holiday property a shared use of the WLAN access to the
Internet. 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 Internet access for any purpose. He is entitled at any time to admit further co-users for the operation of the WLAN in whole, in part or temporarily and to restrict or exclude the tenant's access in whole, in part or temporarily if the connection is or has been used improperly, insofar as the landlord must therefore fear a claim and cannot prevent this with usual and reasonable effort within a reasonable time. In particular, the Lessor reserves the right to block access to certain pages or services via the WLAN at any time and at its reasonable discretion (e.g. pages glorifying violence, pornographic or paid for pages).
9.2 Use shall be made by means of access guarding. The access data (login and password) may under no circumstances be passed on to third parties. If the lessee wishes to grant third parties access to the Internet via the WLAN, this shall be subject to the prior written consent of the lessor and the acceptance of the provisions of this user agreement by the third party documented by signature and complete indication of identity. The lessee undertakes to keep his access data secret. The Lessor has the right to change access codes at any time.
9.3 The tenant is informed that the WLAN only allows access to the Internet, virus protection and firewall are not available. The data traffic created using the WLAN is not encrypted. The data can therefore possibly be viewed by third parties. The Lessor 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. Use of the WLAN is at the user's own risk and at the user's own risk. The Lessor accepts no liability for damage to the Lessee's digital media caused by the use of Internet access, unless the damage was caused intentionally or through gross negligence by the Lessor and/or its vicarious agents.
9.4 The renter himself is responsible for the data transmitted via the WLAN and for the services used in connection therewith, which are subject to a charge and which are not legal transactions. If the lessee visits chargeable Internet pages or enters into liabilities, the resulting costs shall be borne by him. He is obliged to comply with the applicable law when using the WLAN. In particular:
Not to use the WLAN to access or distribute immoral or illegal content;
not to unlawfully reproduce, distribute or make accessible any copyrighted goods;
this applies in particular in connection with the use of file sharing programs;
observe the applicable regulations for the protection of minors;
do not send or distribute any harassing, defamatory or threatening content;
not use the WLAN to send mass messages (spam) and/or other forms of inadmissible advertising.
9.5 The Lessee indemnifies the lessor of the holiday property against all damages and claims of third parties based on an illegal use of the WLAN by the lessee and/or on a violation of the present agreement, this also extends to costs and expenses associated with the claim or its defense. If the tenant recognises or must recognise that such an infringement of rights and/or such an infringement exists or threatens, he shall draw the attention of the landlord of the holiday property to this circumstance.
10. HOUSE RULES _ GENERAL RIGHTS AND OBLIGATIONS
1. The guest is obliged to observe the house rules. From 22.00 o'clock to 7.00 o'clock the night rest applies. In order to avoid disturbance, TV and audio equipment must be set to room volume.
2. The guest is obliged to keep the windows (except tilted) and doors closed when leaving the apartment for the duration of the apartment provision.
3. Pets are not allowed in the apartment.
4. There is a general smoking ban in the apartment. The landlord can charge a cleaning lump sum of up to 100.00 Euros (net) in the event of non-compliance.
5. The washing machine and the dryer can be used by the tenant free of charge.
6. A parking place and a functional room are available free of charge for the tenant.
7. The installation of materials for decoration or the like is not allowed in the apartment. The guest shall be solely liable for any decoration, etc. that is nevertheless installed and/or attached and shall indemnify the provider against any claims by third parties. He is also obliged to compensate for damage caused by the installation or attachment of decorations or similar.
8. The lessor has the right of access to the holiday home at any time, especially in case of imminent danger. The guest's interests worthy of protection are to be taken into account appropriately when exercising the right of access. The Lessor shall inform the Guest in advance about the exercise of the right of access, unless this is unreasonable or impossible under the circumstances of the individual case.
11. FINAL PROVISIONS
11.1 The law of the Federal Republic of Germany shall apply exclusively. Place of performance, place of payment and place of jurisdiction is the location of the apartment: Landstuhl.
11.2 Any further or other agreements of the parties to the contract which go beyond the written or the GTC require the express written consent / confirmation of the Lessor in order to be legally binding.
11.3 Responsible persons of the lessor are exclusively:
Herr Horst Neu,
Zum Fuchsloch 2, 66882 Hütschenhausen,
Tel.: 0152 561 466 58, ,
Herr Joachim Hoffmann
Hasseler Chaussee 7, 66386 St. Ingbert
Tel.: 0160 979 520 02
11.4 Oral ancillary agreements are non-binding until confirmed in writing by the holiday apartment. All contractual declarations to be made in writing can also be made in text form (Par. 126b BGB).
11.5 Should individual provisions of these General Terms and Conditions for the Accommodation Contract and Accommodation in the Holiday Home be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects the legal regulations (AGB) shall apply.