§ 1 . Validity of the terms and conditions
(1) These general terms and conditions 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 are based exclusively on these general terms and conditions.
(2) The subletting or re-letting of the rented holiday home as well as its use for purposes other than residential require the prior written consent of the provider.
(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 (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 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 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 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 rental 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) All prices do not exclude 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) The payment of the price agreed for the rental of the holiday apartment as well as for the other services agreed with the guest is due at the latest on the day of arrival when the keys are handed over. It must be made in cash at this point in time, unless the provider has expressly agreed to another method of payment for the guest. EC and credit cards cannot be accepted as 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 up to 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 the neighbors is required in the house entrances and stairwells. To avoid interference, 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 (unless tilted) and doors closed, to turn all radiators to a low level and to switch off lights and technical devices when leaving the holiday apartment.
(3) Pets of any kind may only be accommodated in the holiday apartment with the prior written consent of the provider. For the accommodation of animals, the provider can demand a reasonable surcharge. 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) A general smoking ban applies 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 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 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 other items that have been installed and / or attached and exempts the provider from third-party claims. He is also obliged to compensate for any damage caused by the installation of decorations or similar.
(7) The provider has the right to access the holiday home at any time, especially in the event 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 use 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 by 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 30 days before arrival, otherwise in accordance with the following provisions:
Cancellation up to the amount of the overnight price to be paid at the latest
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 %
Cancellations must be made in writing to the provider, unless the provider agrees to an oral cancellation. The day on which the provider receives the cancellation is deemed to be the day of cancellation.
(4) In the case of a vacation home not used by the guest, the provider has to offset the income from renting the vacation home to other parties as well as the saved expenses.
(5) If the guest does not appear by 10 p.m. at the latest on the day of arrival or no later than 60 minutes after a later 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. In addition, the provider can charge the guest an administration fee of € 100.00 (net).
(6) If the guest's right of withdrawal has been agreed in writing within a certain period in accordance with Paragraph 2, the provider is entitled to withdraw from the contract during this period if there are inquiries from other guests about the contractually booked holiday home and the guest on request from the provider not waive his right to withdraw.
(7) Furthermore, 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 it impossible to fulfill the contract,
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 home is used for purposes other than residential purposes,
d) the provider has justified reason to believe 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.
(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 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 compensate the provider for all damages for which he is responsible due to a withdrawal or an extraordinary termination in accordance with paragraph 7.
§ 6. Liability; Statute of limitations
(1) The provider is liable for his obligations under the contract. Liability is limited to willful 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 he becomes aware of it or if the guest immediately complains about it. 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 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 apartment.
(3) The guest is liable for all damage that he, his fellow travelers or his visitors have 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 to the guest. The guest is obliged to notify the provider of any damage immediately. This applies in particular to damage that can affect other apartments in the house (e.g. water damage, fire damage).
(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, key handover; Late eviction
(1) The holiday apartment is regularly available from 2 p.m. on the day of arrival. You must arrive by 10 p.m., unless a later arrival time is expressly agreed with the provider in advance. Arrivals before 2 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 p.m. and 8 a.m. and takes place during this time, a surcharge of EUR 30.00 will be charged
(3) The guest is obliged to present his valid identity card or passport to the provider upon arrival.
(4) The provider can request the payment of a deposit of 150.00 € upon arrival. The provider reimburses this deposit if the holiday home is vacated in good time and all keys are handed over on the day of departure, unless otherwise agreed with the guest and provided that the holiday home has no damage for which the guest is responsible. In the event of additional damage to the holiday home and / or the inventory, the guest pays the amount of money required for the compensation in cash on site (Section 249 (2) BGB).
(5) On the day of departure, the guest must vacate the holiday apartment by 11.00 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) € 50.00 (net) for an evacuation after 11.00 a.m. but before 1.00 p.m.
b) 100 % of the agreed accommodation price / night if the room is vacated after 1 p.m.
In addition, the provider is entitled to compensation for all further damage incurred due to a delayed eviction.
(6) The evacuation in accordance with Paragraph 4 is only deemed to have been effected when all keys have been given to the provider or his representative. If this has been expressly agreed with the provider in advance, the guest can leave all 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 has to pay compensation to the provider for rebuilding them and, if necessary, for installing new locks.
§ 8th . privacy
The personal data provided by the guest, including the identity card or passport number, are stored electronically by the provider. The data will not be passed on to third parties, 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 should be made in writing. Unilateral changes or additions by the guest are ineffective.
(2) The place of performance and payment is Berlin, Germany.
(3) The law of the Federal Republic of Germany applies exclusively to the contract.
(4) The exclusive place of jurisdiction - also for check and bill of exchange disputes - in commercial transactions is Berlin, Germany. If one of the contracting parties does not have a general place of jurisdiction in Germany, the exclusive place of jurisdiction is also Berlin, Germany.
(5) These general terms and conditions are protected by copyright. They are only intended for the guest's personal use. Commercial use by third parties is expressly prohibited. Publication on the Internet does not mean that these general terms and conditions are left to third parties for use or modification. We reserve the right to prosecute violations of copyright.
(6) 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.