§ 1 Validity of the General Terms and Conditions
(1) These General Terms and Conditions of Guest Accommodation apply to contracts for the rental of holiday homes for accommodation as well as all other services and deliveries provided by the provider for the guest. The services of the provider are based exclusively on these general terms and conditions.
(2) The subletting or re-letting of the rented holiday home and its use for purposes other than residential is prohibited.
(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 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.
(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 under 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 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 home booked by the guest available and to provide the agreed services. The holiday home corresponds to the equipment standard of an average rental apartment. The provider only accepts liability for equipment features that have been expressly agreed, 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 provision of the holiday home 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) The guest is obliged to provide truthful information about the number of people occupying the holiday home. The holiday home is available for a maximum of the number of people specified in the booking confirmation in accordance with Section 2 (1) of these GTC. The occupancy with an additional number of persons 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.
(4) Payment of the price agreed for the rental of the holiday home as well as for the other services agreed with the guest is due when booking. At this point in time, you must use one of the payment methods offered (PayPal, credit card). An alternative method of payment can be agreed in advance by the parties in writing and must be in accordance with the agreed modalities. Without full payment, there is no entitlement to occupation of the holiday home and the contractual services.
§ 4 General rights and obligations, house rules
(1) The guest has to 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 devices must be set to room volume.
(2) For the duration of the rental of the holiday home, the guest is obliged to keep windows and doors closed when leaving the holiday home, to set 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 home with the prior written consent of the provider.
(4) A general smoking ban applies in the holiday home. 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 as long as it does not violate the statutory provisions. Criminal acts (especially illegal downloads, page views) are reported and prosecuted. The guest is solely responsible for illegal use of the internet.
(6) The introduction and / or attachment of materials for decoration or similar is not permitted in the holiday home. The guest is solely liable for any decorations or similar that have been installed and / or attached and releases 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 may only enter the holiday home for the duration of the rental period after consultation with the tenant or if there is a risk to public safety and order.
§ 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 use the contractual services. This does not apply in cases of default 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 of withdrawal 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 14 days before arrival. The day on which the provider receives the cancellation is deemed to be the day of cancellation. If the provider does not receive the cancellation until afterwards, a partial refund can only be made in the event of re-booking. The provider reserves the right to charge a processing fee. 50 euros to be withheld.
(4) In the case of a holiday home not used by the guest, the provider has to credit the saved expenses (e.g. final cleaning).
(5) If the guest does not appear on the day of arrival no later than 60 minutes after a time agreed in accordance with Section 7 (1) without having canceled, the contract is deemed to be canceled. Paragraph 3 is to be applied accordingly.
(6) The provider is entitled to withdraw from the contract for an objectively justified reason or to terminate it extraordinarily if z. B. a) force majeure or other circumstances for which the provider is not responsible make the fulfillment of the contract impossible, b) the holiday home with misleading or false information about essential facts, e.g. B. in the person of the guest or with regard to the purpose or with regard to the occupancy or with regard to the accommodation of animals, c) the holiday apartment is used for other than residential purposes, d) the provider has reasonable cause to assume that the use of the service endangers the security or the peace of mind of other guests or neighbors or the reputation of the provider in public, without this being attributable to the provider's sphere of control or organization. (7) The provider must inform the guest immediately of the exercise of the right of withdrawal or termination. In the cases of Paragraph 6 a), the provider must immediately reimburse rental price payments and / or advance payments already made. In the event of justified withdrawal or justified termination by the provider, the guest is not entitled to compensation. The guest has to reimburse the provider for all damages for which he is responsible due to a withdrawal or an extraordinary termination in accordance with paragraph 6.
§ 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 he is not indispensably unlimited under the statutory provisions. Should disruptions or deficiencies in the provider's services occur, the provider will endeavor to remedy the disruption or deficiency 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 by the guest; they are not considered to be brought in items within the meaning of Sections 701 f. BGB. Liability on the part of the provider according to these regulations is therefore expressly excluded. This also applies expressly to valuables that the guest keeps and / or leaves behind in the holiday home.
(3) The guest is liable for all damage that he, his fellow travelers or his visitors have culpably caused in the holiday home and / or the inventory of the holiday home. A private liability insurance is recommended to the guest. The guest is obliged to notify the provider of any damage immediately.
(4) Claims by the guest expire after six months, unless the provider is liable for intent. Claims of the provider expire in the respective statutory period.
§ 7 arrival and departure, handover of keys; Late eviction
(1) The holiday home is regularly available from 3 p.m. on the day of arrival. Claims for damages cannot be asserted if, as an exception, the provision does not take place at 3 p.m. (and the landlord is not responsible for this fact).
(2) The guest is obliged to present his valid identity card or passport to the provider upon arrival.
(3) On the day of departure, the guest must vacate the holiday home by 10 a.m. at the latest. If the holiday home is vacated late, the provider is entitled to an additional payment from the guest. This amounts to a) 25.00 € for an evacuation after 10.30 a.m. but before 12.30 p.m. b) 100% of the agreed accommodation price / night if the room is vacated after 12.30 p.m. In addition, the provider is entitled to compensation for all further damage incurred due to a delayed eviction. The holiday home must be left swept clean with washed, clean dishes and disposed of on departure. The dishwasher must be left clean and emptied.
(4) If one or more keys are lost, the guest has to pay the provider compensation for their new manufacture and, if necessary, for the installation of new locks.
§ 8 data protection
The personal data provided by the guest will not be passed on to third parties by the landlord, unless this is necessary for the execution of the contract.
§ 9 final provisions
(1) Changes or additions to the contract, the acceptance of applications or these general terms and conditions must be made in writing. Unilateral changes or additions by the guest are ineffective.
(2) The law of the Federal Republic of Germany applies exclusively to the contract.
(3) These General Terms and Conditions for Guest Accommodation are only intended for the guest's personal use. Commercial use by third parties is expressly prohibited.
(4) Should one of the above provisions be or become ineffective or void, this shall not affect the validity of the remaining provisions. The ineffective 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.
(5) The tourist tax is not included in the agreed price and must be paid in cash when moving into the apartment.
(6) The district court of Hamburg is agreed as the place of jurisdiction.
