General terms and conditions of business
General Terms and Conditions (GTC 2020)
Terms and conditions for the rental of holiday apartments and guest rooms
§ 1 Validity of the General Terms and Conditions
§ 2 Booking/Booking confirmation
§ 3 Payment conditions
§ 4 Arrival and departure
§ 5 Holiday apartments/guest rooms
§ 6 Pets
§ 7 Stay
§ 8 Cancellation of travel
§ 9 Withdrawal by the landlord
§ 10 Liability of the landlord
§ 11 Use of Internet access via WLAN
§ 12 Prohibitions
§ 13 Written form
§ 14 Limitation Period
§ 15 Choice of law and place of jurisdiction
§ 16 Severability Clause
§ 1 Validity of the General 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 provider's services are provided exclusively on the basis of these General Terms and Conditions. (2) The subletting or further rental of the provided holiday apartment, as well as its use for purposes other than residential purposes, require the prior written consent of the provider. Bachelor parties, excessive parties with noise pollution, commercial prostitution, and violations of common decency are prohibited and will result in us exercising our right to refuse entry. (3) The guest's terms and conditions only apply if they have been agreed upon in advance. Deviations from these conditions are only effective if the provider has expressly confirmed them in writing.
§ 2 Booking/Booking Confirmation
Please submit your booking requests via the booking request form, send them in writing to ferienwohnungrhede@web.de, or call us. If we can provide you with the desired apartment for the desired period, you will receive a written confirmation of the booked apartment and an invoice. The reservation for the apartment is legally binding upon receipt of the booking confirmation or upon receipt of the deposit (see §3).
§ 3 Payment conditions
The deposit of 30% of the total amount must be transferred to our account within 5 days of booking confirmation/invoice receipt. The remaining payment must also be transferred to our account no later than 2 weeks before arrival. For short-term bookings, the total price must be transferred immediately upon receipt of the invoice/booking confirmation. In exceptional cases with prior arrangement, payment can be made in cash upon arrival. The minimum rental period is 2 nights. Single-night stays are possible upon request depending on the season. We ask for your understanding that we will charge a corresponding surcharge in this case. In the event of late payment, we are entitled to charge the applicable statutory default interest, currently 5% above the base interest rate. For each reminder sent after the occurrence of default, the customer must reimburse us for reminder fees of €15.00. All other costs incurred in connection with collection are the responsibility of the customer. Payment costs, particularly for transfers from abroad, are borne by the customer. All bank transfer fees are to be borne entirely by the tenant, meaning the full invoice amount must be credited to our bank account free of charge. We only accept payments via bank transfer or, by arrangement, cash payments; no debit or credit cards or checks.
§ 4 Arrival and departure
The apartment is available from 3:00 p.m. on the day of arrival or by arrangement. Please inform us of your expected arrival time at least 1-2 days prior to arrival. Keys will not be handed over as contactless access is available; the key is in the apartment door. If you arrive after 8:00 p.m., we cannot provide assistance with check-in. On the day of departure, the apartment must be vacated by 10:00 a.m. or by arrangement (exceptions: see "Late Check-Out"). All used dishes must be returned clean to the cupboards, the trash cans must be emptied, and the refrigerator must be emptied.
Early Check-In: Early check-in from 10:00 AM is only possible if no previous guests are departing on the same day. Early check-in must be arranged in advance and costs half a day. Subject to availability, check-in is possible from 2:00 PM when the apartment is ready.
Late Check-Out: A late check-out must be arranged at the time of booking. If there is no immediate follow-up booking, a late check-out can be arranged during the stay. For a late check-out between 10:30 a.m. and 3:00 p.m., half the daily rate will be charged. For a late check-out after 3:00 p.m., a charge equivalent to one night's stay will be charged. The landlord reserves the right to charge for a late departure accordingly or to deduct it from the deposit.
§ 5 Holiday apartments/guest rooms
The holiday apartment will be handed over by the landlord in a tidy and clean condition with a complete inventory. Any defects or damages that occur during the rental period must be notified to the landlord immediately. The tenant is liable for any damage caused to the rental property or its inventory, such as broken dishes, damage to the floor, or furniture. This also includes the costs for lost keys. The inventory must be treated with care and attention and is intended only for use in the holiday apartment. Moving furnishings, especially beds, is prohibited. The tenant is also liable for the negligence of fellow travelers. Damage caused by force majeure is excluded from this. In the event of use of the holiday apartment in breach of contract, such as subletting, overcrowding, disturbance of the peace, etc., as well as non-payment of the full rental price, the contract can be terminated without notice. Any rent already paid remains with the landlord. If liability insurance is in place, the damage must be reported to the insurance company. The landlord must be provided with the name and address, as well as the insurance number of the insurance company.
§ 6 Pets
Pets of any kind are not permitted in the holiday apartments. If pets are brought along, the apartment will not be rented. Cancellation fees will apply, as in the case of a no-show.
Exceptions apply to holiday apartments No. 1, No. 2 and No. 3, where two small pets are allowed upon registration and agreement.
§ 7 Stay
The holiday apartment may only be used by the persons listed in the booking. If the apartment is used by more people than agreed upon, a separate fee must be paid for these persons, which is determined by the rental price. In this case, the landlord also reserves the right to terminate the rental agreement without notice. Subletting and transferring the apartment to third parties is not permitted. The rental agreement may not be transferred to third parties. By paying the fee, the tenant agrees to the general terms and conditions and the house rules of the Rhede holiday apartment. In the event of violations of the general terms and conditions or the house rules, the landlord reserves the right to terminate the rental agreement immediately and without notice. There is no legal claim to reimbursement of the rent or compensation.
§ 8 Cancellation of travel
If the rental agreement is canceled, the tenant is obligated to pay a portion of the agreed price as compensation. Cancellations must be made in writing. The amount of compensation depends on the time until the arrival date and is calculated as follows: up to 31 days before the arrival date: 30%; from 30 days before the arrival date: 50% of the agreed rental price; up to 2 weeks before the arrival date: 80% of the agreed rental price; up to 1 week before the arrival date: 90% of the agreed rental price; and in case of no-show, 90% of the agreed rental price. Travel cancellation insurance is recommended.
§ 9 Withdrawal by the landlord
In the event of cancellation on our part due to force majeure or other unforeseeable circumstances (such as an accident or illness of the host, or other circumstances beyond our control that make fulfillment impossible), liability is limited to the reimbursement of the costs. In the event of a justified cancellation, the customer has no claim to compensation – no liability is assumed for travel and hotel costs. Cancellation by the landlord may occur without notice after the start of the rental period if the tenant persistently disturbs other tenants despite a warning or behaves in such a way that breaches the contract that the immediate termination of the rental agreement is justified.
§ 10 Liability of the landlord
The landlord is liable for the proper provision of the rental property within the scope of the duty of care of a prudent businessman. Liability for any failures or disruptions in the water or electricity supply, as well as events and consequences caused by force majeure, is hereby excluded. The landlord is liable for items brought in by the guest in accordance with the statutory provisions (Section 701 of the German Civil Code).
§ 11 Use of Internet access via WLAN
§ 11.1 Permission to use Internet access via WLAN
The landlord maintains Wi-Fi internet access in their holiday property. They grant the tenant shared use of the Wi-Fi internet access for the duration of their stay in the holiday property. The tenant is not entitled to permit third parties to use the Wi-Fi. The landlord does not guarantee the actual availability, suitability, or reliability of the internet access for any purpose. They are entitled at any time to permit additional co-users to operate the Wi-Fi, 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 being or has been misused, provided the landlord has reason to fear legal action and cannot prevent this with usual and reasonable effort within a reasonable time. The landlord reserves the right, in particular, to block access to certain websites or services via the Wi-Fi at any time and at its reasonable discretion (e.g., websites glorifying violence, pornographic sites, or sites requiring payment).
§ 11.2 Access data
Access is secured. Access data (login and password) may not be shared with third parties under any circumstances. If the tenant wishes to grant third parties access to the internet via Wi-Fi, this is subject to the landlord's prior written consent and the third party's acceptance of the terms of this user agreement, documented by a signature and full identification. The tenant undertakes to keep their access data confidential. The landlord reserves the right to change access codes at any time.
§ 11.3 Dangers of WLAN use, limitation of liability
The tenant is advised that the Wi-Fi only provides internet access; virus protection and a firewall are not available. Data traffic generated using the Wi-Fi is unencrypted. Therefore, the data may be viewed by third parties. The landlord expressly points out that there is a risk that malware (e.g., viruses, Trojans, worms, etc.) may be transmitted to the device when using the Wi-Fi. Use of the Wi-Fi is at the tenant's own risk. The landlord assumes no liability for damage to the tenant's digital media resulting from the use of the internet access, unless the damage was caused intentionally or through gross negligence by the landlord and/or its vicarious agents.
§ 11.4 Responsibility and indemnity from claims
The tenant is solely responsible for the data transmitted via Wi-Fi, the paid services used via the Wi-Fi, and any legal transactions not completed. If the tenant visits fee-based websites or enters into liabilities, the resulting costs are to be borne by the tenant. The tenant is obligated to comply with applicable law when using the Wi-Fi. In particular, the tenant will not: use the Wi-Fi to access or distribute immoral or illegal content; illegally reproduce, distribute, or make available any copyrighted material; this applies particularly in connection with the use of file-sharing programs; observe applicable youth protection regulations; not send or distribute harassing, defamatory, or threatening content; and not use the Wi-Fi to send mass messages (spam) and/or other forms of unauthorized advertising. The tenant indemnifies the landlord of the holiday property against all damages and claims by third parties arising from the tenant's unlawful use of the Wi-Fi and/or a violation of this agreement. This also extends to costs and expenses associated with the claim or its defense. If the tenant recognizes or should recognize that such a violation of law and/or violation exists or is imminent, the tenant will notify the landlord of this fact.
§ 12 Prohibitions
Smoking, parties, and excessive noise are not permitted, even on balconies or in common areas (e.g., hallways). Violations of the smoking ban will result in a €250 fine plus the cost of special cleaning and damage repair. Commercial photography/videography without written permission, as well as illegal activities, are strictly prohibited.
§ 13 Written form
There are no agreements other than those listed in this contract. No verbal agreements have been made. The general terms and conditions are accepted upon transfer of the deposit.
§ 14 Limitation Period
Claims of the guest against the landlord generally expire after one year from the start of the statutory limitation period (Section 199 (1) of the German Civil Code). This does not affect claims of the guest arising from injury to life, body or health, as well as other claims based on an intentional or grossly negligent breach of duty by the landlord, a legal representative or vicarious agent.
§ 15 Choice of law and place of jurisdiction
German law applies. The place of jurisdiction for any claims brought by the guest against the landlord is exclusively the landlord's registered office. For claims brought by the landlord against merchants, legal entities under public or private law that do not have a general place of jurisdiction in Germany, or that have relocated their residence or habitual abode abroad after the conclusion of the contract, or whose residence or habitual abode is unknown at the time the action is filed, the landlord's registered office shall be the exclusive place of jurisdiction.
§ 16 Severability Clause
Photos and text on the website or in the flyer are intended to provide a realistic description. A 100% match to the rental property cannot be guaranteed. The landlord reserves the right to make changes to furnishings (e.g., furniture) provided they are of equivalent quality.
Should one or more provisions of these Terms and Conditions become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid one that most closely approximates the economic purpose pursued by the invalid provision.
