1. These General Terms and Conditions for Guest Accommodation apply to contracts for the rental of holiday flats 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 re-letting of the holiday flat provided and its use for purposes other than residential purposes require the prior written consent of the provider.
3. The guest's terms and conditions shall only apply if these have been agreed in advance. Deviations from these terms and conditions are only effective if the provider has expressly confirmed them in writing.
Accommodation contract
1. The accommodation contract is concluded when the provider confirms the guest's booking request by telephone or in writing by post, e-mail and/or fax and thus accepts the booking (acceptance of request).
2. The contractual partners are the provider and the guest. If a third party has ordered on behalf of the guest, he shall be liable to the provider together with the guest as joint and several debtors for all obligations arising from this contract, provided that the provider has a corresponding declaration from the third party.
3. The guest is obliged to check the booking confirmation for accuracy. If the content of the booking confirmation differs from the booking enquiry and the guest does not raise objections to this immediately, the content of the booking confirmation shall be deemed to be contractually agreed.
Services, prices, payment, offsetting
1. The provider is obliged to keep the holiday flat booked by the guest available and to provide the agreed services. The holiday flat corresponds to the furnishing standard of an average rented flat. The provider only assumes a guarantee for expressly promised equipment features, 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 flat and the other services used by him. This also applies to services and expenses of the provider to third parties arranged by the guest.
3. All prices include the respective statutory value added tax.
4. The guest is obliged to provide truthful information about the number of persons occupying the holiday flat. The holiday flat is available for a maximum of the number of persons stated in the booking confirmation. Occupancy by a number of persons in excess of this requires the prior written consent of the holiday apartment provider. In this case, the price for the provision of the holiday flat shall be increased to the price generally charged by the provider for the corresponding occupancy.
5. If the period between conclusion and fulfilment 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 price agreed for the provision of the holiday flat and for the other services agreed with the guest is due at the latest on the day of arrival when the keys are handed over. Payment must be made in cash at this time, unless the provider has expressly agreed to a different method of payment with the guest. EC and Credit cards cannot be accepted as means of payment on site.
7. The provider reserves the right to demand a reasonable advance payment from the guest prior to arrival for the price agreed for the provision of the holiday flat and the other services agreed with the guest. If an advance payment is requested with the booking confirmation, 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 8th day after sending the booking confirmation, and if payment is not made even after a reasonable grace period set by the provider with a threat of refusal has expired, the provider is entitled to withdraw from the contract; he must inform the guest of this in writing. Withdrawal from the contract, point 3. shall then apply accordingly with the proviso that the 8th day after transmission of the booking confirmation shall be deemed the day of cancellation.
8. The guest may only offset an undisputed or legally established claim against a claim of the provider.
General rights and obligations; house rules
1. The guest must treat the holiday flat 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 night's rest applies. During this time, special consideration must be given to other residents and neighbours. TV and audio equipment must be set to room volume.
2. For the duration of the rental of the holiday flat, the guest is obliged to keep windows and doors closed when leaving the holiday flat, to set all radiators to a low setting and to switch off lights and technical devices.
3. The accommodation of pets of any kind in the holiday flat is only permitted 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 provider's prior consent, the provider may charge a cleaning fee of up to € 200.00 (net).
4. A general smoking ban applies in the holiday flat. In the event of non-compliance, the provider may charge a cleaning fee of up to € 200.00 (net). Smoking is only permitted on balconies and terraces.
5. Internet use is permitted after the conclusion of an internet usage agreement stating the passport number, insofar as this does not violate the statutory provisions. Criminal offences (in particular illegal downloads, page views) will be reported to the police and prosecuted. The guest alone is liable for any unauthorised use of the Internet.
6. The installation and/or attachment of materials for decoration or similar is not permitted in the holiday flat. The guest shall be solely liable for any decorations or the like that are nevertheless installed and/or attached and shall indemnify the provider against claims by third parties. The guest is also obliged to compensate for any damage caused by the installation or attachment of decorations or similar.
7. The provider has a right of access to the holiday flat at any time, especially in the event of imminent danger. When exercising the right of access, due consideration must be given to the guest's legitimate interests. The provider shall 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.
Withdrawal from the contract (cancellation)
1. Cancellation by the guest of the contract concluded with the provider requires the written consent of the provider. If this is not given, the agreed price from the contract must be paid even if the customer does not utilise contractual services. This shall not apply in the event of a delay in performance on the part of the provider or an impossibility of performance for which the provider is responsible.
2. The guest may only withdraw from the contract without triggering payment or compensation claims by the provider if the possibility of cancellation by a certain date has been agreed in writing between the guest and the provider. The guest's right of cancellation expires if he does not exercise his right of cancellation in writing to the provider by the agreed date, unless there is a case of delay in performance on the part of the provider or an impossibility of performance for which he is responsible.
3. Without triggering payment or compensation claims by the provider, the guest is entitled to cancel up to 30 days before arrival, otherwise according to the following conditions:
Cancellation by no later than the amount to be paid Accommodation price
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 a verbal cancellation. The day of cancellation is the day on which the provider receives the cancellation.
4. In the case of a holiday flat not used by the guest, the provider must offset the income from renting the holiday flat to other parties and the expenses saved.
5. If the guest does not appear on the day of arrival by 10 p.m. at the latest or by 60 minutes after a later time agreed in accordance with point 1 at the latest without having cancelled, the contract shall be deemed cancelled. Point 3 shall apply accordingly. In addition, the provider may charge the guest an administration fee of € 100.00 (net).
6. If a right of withdrawal of the guest within a certain period according to point 2 was agreed in writing, the provider is entitled for his part to withdraw from the contract during this period if there are enquiries from other guests about the contractually booked holiday flat and the guest does not waive his right of withdrawal upon inquiry by the provider.
7. Furthermore, the provider is entitled to withdraw from or extraordinarily terminate the contract for objectively justified reasons if, for example
8. The provider must inform the guest immediately of the exercise of the right of cancellation or termination. In cases of para. 7 a), the provider shall immediately refund any rental payments and/or advance payments already made. In the event of justified cancellation or justified termination by the provider, the guest shall not be entitled to compensation. The guest must compensate the provider for all damages for which he is responsible due to cancellation or extraordinary termination in accordance with paragraph 7.
Liability; limitation period
1. The provider is liable for its obligations under the contract. Liability is limited to wilful intent and gross negligence on the part of the provider, if and insofar as the provider does not have unlimited liability under the statutory provisions. Should disruptions or defects occur in the provider's services, the provider shall endeavour to rectify the disruption or defect upon becoming aware of it or upon immediate complaint by the guest. The guest is obliged to make reasonable efforts to eliminate the disruption or defect and to minimise any possible damage.
2. The provider is not liable for items brought in by the guest; they are not considered items brought in within the meaning of §§ 701 f. BGB. BGB. Liability of the provider according to these regulations is therefore expressly excluded. This also expressly applies to valuables that the guest keeps and/or leaves in the holiday flat.
3. The guest is liable for all damage that he, his fellow travellers or his visitors have culpably caused in the house of the holiday flat, in the holiday flat and/or to the inventory of the holiday flat. Private liability insurance is recommended for the guest. The guest is obliged to notify the provider of any damage immediately. This applies in particular to damage that may also affect other flats in the house (e.g. water damage, fire damage).
4. Claims of the guest expire after six months, unless the provider is liable for intent. Claims of the provider shall become time-barred within the respective statutory period.
Arrival and departure, handover of keys; late evacuation
1. The holiday flat is regularly available from 3.00 pm on the day of arrival. Arrival must take place by 10.00 pm, unless a later arrival time is expressly agreed with the provider in advance. Arrival before 3.00 p.m. can also only take place if this has been expressly agreed with the provider in advance.
2. If the arrival is agreed between 22:00 and 8:00 and takes place during this time, a surcharge of 30.00 euros will be charged.
3. The guest is obliged to present a valid identity card or passport to the provider upon arrival.
4. The provider may request the payment of a deposit of € 150.00 upon arrival. The provider will refund this deposit if the holiday flat 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 flat has not suffered any damage for which the guest is responsible. In the event of further damage to the holiday flat and/or the inventory, the guest shall pay the amount of money required for compensation in cash on site (§ 249 Para. 2 BGB).
5. On the day of departure, the guest must vacate the holiday flat by 11.00 a.m. at the latest. If the holiday flat is vacated late, the provider is entitled to an additional payment from the guest. This amounts to
6. The eviction pursuant to paragraph 4 shall only be deemed to have been effected when all keys have been handed over to the provider or his representative. For this purpose, the guest may leave all keys on the table in the holiday flat and close the flat door if this has been expressly agreed with the provider in advance. The guest is obliged to check that the flat door is properly locked.
7. If one or more keys are lost, the guest must pay the provider compensation for their replacement and, if necessary, for the installation of new locks.
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 fulfilment of the contract.
Final provisions
1. Amendments or additions to the contract, the acceptance of the application or these General Terms and Conditions should be made in writing. Unilateral amendments or additions by the guest are invalid.
2. Place of fulfilment and payment is Passau / Germany. The place of jurisdiction for tenancy law is Passau. The general place of jurisdiction is Passau.
3. The contract shall be governed exclusively by the law of the Federal Republic of Germany.
4. These General Terms and Conditions of Accommodation are intended for the personal use of the guest only. Commercial use by third parties is expressly prohibited.
5. Should one 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 comes closest to the purpose of the provision to be replaced. In all other respects, the statutory provisions shall apply.