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Holiday rental favorite place
Engineer Petra Wostratzky
Wahmstr. 53
23552 Lübeck
info@ferien-mit-lieblingsplatz.de
0176 472 08 788
UStID: DE 49 2308 0040 0307 5588 03
GENERAL TERMS AND CONDITIONS OF BUSINESS
§ 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 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. Use for celebrations (e.g., bachelor parties) is expressly prohibited. (3) The guest's terms and conditions only apply if they have been agreed upon in advance. Deviations from these terms and 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, thereby accepting the booking (acceptance of the application). (2) The contracting parties are the provider and the guest. If a third party has booked on behalf of the guest, they are jointly and severally liable to the provider for all obligations arising from this contract, provided that the provider has received a corresponding declaration from the third party. (3) The guest is obligated to check the booking confirmation for accuracy. If the content of the booking confirmation differs from the booking request and the guest does not raise any objections immediately, the content of the booking confirmation shall be deemed to have been contractually agreed.
§ 3 . Services, prices, payment, offsetting
(1) The provider is obligated to keep the holiday apartment booked by the guest ready and to provide the agreed services. The holiday apartment corresponds to the standard of an average rental apartment. The provider only assumes liability for expressly promised features, but not for the subjective quality of the features (e.g., ventilation). (2) The guest is obligated to pay the applicable or agreed prices of the provider for the rental of the holiday apartment and any additional services used by the guest. This also applies to services requested by the guest and expenses incurred by the provider for third parties. (3) All prices include the applicable statutory value-added tax. (4) The guest is obligated 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 stated in the booking confirmation in accordance with Section 2, Paragraph 1. Occupancy by a number of people exceeding this number requires the prior written consent of the provider. In this case, the price for the rental of the holiday apartment will increase to the price generally charged by the provider for corresponding occupancy.(5) If the period between conclusion of the contract and fulfillment of the contract exceeds four months and the price generally charged by the provider for such services increases, the provider may increase the contractually agreed price appropriately, but by no more than 10%.(6) Payment of the agreed price for the rental of the holiday apartment and for any additional services agreed with the guest is due no later than the day of arrival upon handover of the keys. Payment must be made in cash at this time, unless the provider has expressly agreed to another method of payment. EC and credit cards cannot be accepted as payment methods on site.(7) The provider reserves the right to request the total amount or an appropriate advance payment from the guest prior to arrival on the price agreed for the rental of the holiday apartment and any additional services agreed with the guest. If an advance payment is requested with the booking confirmation in accordance with Section 2 Paragraph 1, this is due on the 8th day after the booking confirmation is sent. If the provider is unable to record receipt of payment by the eighth day after sending the booking confirmation, and if payment is not made even after the expiration of a reasonable grace period set by the provider with a threat of rejection, the provider is entitled to withdraw from the contract; the provider must notify the guest of this in writing. Section 5, Paragraph 3 shall then apply accordingly, with the proviso that the eighth day after sending the booking confirmation shall be deemed the date of cancellation. (8) The guest may only offset a claim against a claim of the provider with an undisputed or legally established claim.
§ 4 . General rights and obligations; house rules
(1) The guest must treat the holiday apartment and its contents with care. The guest is obligated to comply with the house rules. Quiet hours apply from 10:00 p.m. to 7:00 a.m. During this time, special consideration must be given to roommates and neighbors. TV and audio equipment must be set to a minimum volume. (2) For the duration of the holiday apartment rental, the guest is obligated to keep windows and doors closed when leaving the apartment, to set all radiators to a low setting, and to turn off lights and technical devices. (3) Pets of any kind are only permitted in the holiday apartment with the prior written consent of the provider. The provider may charge a reasonable surcharge for the accommodation of animals. If animals are accommodated without the prior consent of the provider, the provider may charge a cleaning fee of up to €200.00 (net). (4) Smoking is prohibited in the holiday apartment. In the event of violations, the provider may charge a cleaning fee of up to €200.00 (net). Smoking is only permitted outside the building.(5) Internet use is permitted as long as it does not violate legal regulations. Criminal offenses (in particular illegal downloads, page views) will be reported to the police and prosecuted. The guest is solely liable for any illegal use of the internet.(6) The installation and/or attachment of decorative materials or similar is not permitted in the vacation rental. The guest is solely liable for any decorations or similar that are installed and/or attached and indemnifies the provider against any claims from third parties. They are also obligated to compensate for any damage caused by the installation and/or attachment of decorations or similar.(7) The provider has the right of access to the vacation rental at any time, particularly in cases of imminent danger. The guest's legitimate interests must be taken into account when exercising this 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 the guest under the circumstances of the individual case.
§ 5 . Withdrawal from the contract (cancellation; cancellation)
(1) Any withdrawal by the guest from the contract concluded with the provider requires the written consent of the provider. If this consent is not obtained, the agreed price under 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 providing the service for reasons attributable to the provider. (2) The guest may only withdraw from the contract without triggering any payment or compensation claims by the provider if the option of withdrawal up to a specific date has been agreed in writing between the guest and the provider. This right of withdrawal expires if the guest does not exercise his right of withdrawal in writing to the provider by the agreed date, unless the provider is in default of performance or an impossibility of providing the service for reasons attributable to the provider. (3) The guest is entitled to cancel up to 30 days before arrival without triggering any payment or compensation claims by the provider; thereafter, the full price must be paid.
Cancellations must be made in writing to the provider, unless the provider agrees to a verbal cancellation. The day on which the cancellation is received by the provider is considered the cancellation date.(4) If the guest does not arrive on the day of arrival by 10 p.m. at the latest or by 60 minutes after a later time agreed in accordance with Section 7, Paragraph 1, without having canceled, the contract is considered canceled. Paragraph 3 applies accordingly. (5) If a right of withdrawal for the guest within a certain period of time has been agreed in writing in accordance with Paragraph 2, the provider is entitled to withdraw from the contract during this period if other guests request the contractually booked holiday apartment and the guest does not waive their right of withdrawal when asked by the provider.(6) Furthermore, the provider is entitled to withdraw from the contract or to terminate it extraordinarily for objectively justified reasons if, for example, Ba) force majeure or other circumstances beyond the provider’s control make fulfillment of the contract impossible, Ba) the holiday apartment is advertised under misleading or false information about essential facts, e.g. B. in the person of the guest or with regard to the purpose or occupancy or with regard to the accommodation of animals, c) the holiday apartment is used for purposes other than residential purposes, d) the provider has reasonable grounds to believe that the use of the service endangers the safety or peace of other guests or neighbors or the public reputation of the provider, without this being attributable to the provider's sphere of control or organization. (7) The provider must immediately inform the guest of the exercise of the right of withdrawal or termination. In cases of paragraph 7 a), the provider must immediately refund any rental payments and/or advance payments already made. In the event of justified withdrawal or termination by the provider, the guest is not entitled to compensation. The guest must compensate the provider for all damages for which he is responsible due to withdrawal or extraordinary termination in accordance with paragraph 7.
§ 6 . Liability; Limitation Period
(1) The provider is liable for its obligations under the contract. Liability is limited to intent and gross negligence on the part of the provider, unless and to the extent that the provider is not necessarily liable without limitation under statutory provisions. Should disruptions or defects in the provider's services occur, the provider will endeavor to remedy the disruption or defect upon becoming aware of them or upon immediate notification by the guest. The guest is obligated to do what is reasonable to remedy the disruption or defect and to minimize any potential damage. (2) The provider is not liable for items brought in by the guest; these are not considered items brought in within the meaning of Sections 701 et seq. of the German Civil Code (BGB). The provider's liability under these provisions is therefore expressly excluded. This also expressly applies 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 holiday apartment building, in the holiday apartment, and/or to the holiday apartment's inventory. Private liability insurance is recommended for guests. Guests are obligated to report any damage to the provider immediately. This applies in particular to damage that may also affect other apartments in the building (e.g., water damage, fire damage). (4) Claims by guests expire after six months, unless the provider is liable for intent. Claims by the provider expire within the applicable statutory period.
§ 7 . Arrival and Departure, Key Handover; Late Evacuation
(1) The holiday apartment is generally available from 3:00 p.m. on the day of arrival. Arrival before 3:00 p.m. is only possible if this has been expressly agreed upon in advance with the provider. (2) In the case of a booking of more than 30 days, the provider may request a deposit of €1,500.00 upon arrival. The provider will refund this deposit if the holiday apartment is vacated on time and all keys are returned on the day of departure, unless otherwise agreed with the guest and provided that the holiday apartment does not show any damage for which the guest is responsible. In the event of further damage to the holiday apartment and/or its inventory, the guest must pay the required amount of money in cash on site (Section 249 (2) of the German Civil Code). (3) On the day of departure, the guest must vacate the holiday apartment and make it available by 11:00 a.m. at the latest. In the event of late vacating the holiday apartment, the provider is entitled to an additional payment from the guest. This amounts to a) €50.00 (net) for vacating after 11:00 a.m. but before 1:00 p.m.; b) 100% of the agreed price for an overnight stay if vacating after 1:00 p.m. Furthermore, the provider is entitled to compensation for all further damages incurred as a result of delayed vacating. (4) The guest is obliged to check that the apartment door is properly closed. (5) In the event of loss of one or more keys, the guest must pay the provider compensation for their replacement 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 the application, or these General Terms and Conditions must be made in writing. Unilateral changes or additions by the guest are invalid. (2) The place of performance and payment is Lübeck, Germany. The general place of jurisdiction is Lübeck. (3) The contract shall be governed exclusively by the laws of the Federal Republic of Germany. (4) Should any of the above provisions be or become invalid or void, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision that most closely approximates the purpose of the provision to be replaced. Otherwise, the statutory provisions shall apply.