General terms and conditions for guest accommodation
GTCs
§ 1. validity of the general terms and conditions
(1) These General Terms and Conditions for the Accommodation of Guests apply to contracts for the rental of holiday flats for accommodation purposes as well as to all other services and deliveries of the Provider rendered to the Guest. The services of the provider shall be provided exclusively on the basis of these General Terms and Conditions.
(2) Subletting or re-letting of the holiday home provided as well as its use for other than residential purposes require the prior written consent of the provider.
(3) The guest's terms and conditions shall only apply if they have been agreed 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 letter post, e-mail and/or fax and thus accepts the booking (acceptance of request).
(2) The contracting parties 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 received 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 request and the guest does not object to this immediately (within 24 hours), the content of the booking confirmation is deemed to be contractually agreed.
§ 3. services, prices, payment, set-off
(1) The provider is obliged to keep the holiday flat booked by the guest ready and to provide the agreed services. The holiday flat corresponds to the equipment standard of an average rented flat. The provider shall only assume a guarantee for expressly promised features, but not for the subjective quality of the furnishings (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) 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 according to § 2 para. 1. Occupancy by a greater number of persons requires the prior written consent of the provider. In this case, the price for the provision of the holiday flat increases to the price generally charged by the provider for the corresponding occupancy.
(4) If the period between conclusion and fulfilment of the contract exceeds four months and if the price generally charged by the provider for such services increases, the provider may increase the contractually agreed price appropriately, but by a maximum of 10%.
(5) The payment of the price agreed for the provision of the holiday flat as well as for the further 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.
(6) The provider reserves the right to demand an appropriate advance payment from the guest prior to arrival on the price agreed for the provision of the holiday flat as well as the further services agreed with the guest. If an advance payment is requested with the booking confirmation according to § 2 para. 1, this is due on the 8th day after the transmission of the booking confirmation. If the Provider is unable to record receipt of payment by the 8th day after transmission of the booking confirmation, and if payment is also not made after expiry of a reasonable grace period set by the Provider with threat of refusal, the Provider shall be entitled to withdraw from the contract; he must notify the Guest of this in writing. § Section 5 (3) shall then be applied accordingly with the proviso that the 8th day after the transmission of the booking confirmation shall be deemed the day of cancellation.
(7) The guest may only offset an undisputed or legally established claim against a claim of the provider.
§ 4. General rights and obligations; house rules
(1) The guest must treat the holiday flat and its inventory with care. The guest is obliged to observe the house rules. From 10.00 p.m. to 6.00 a.m. there is night rest. During this time, special consideration must be shown to fellow occupants and neighbours. TV and audio equipment must be set to room volume.
(2) For the duration of the provision 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 level and to switch off lights and technical equipment.
(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 an appropriate 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) Smoking is generally prohibited in the holiday flat. In case of infringement, 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 conclusion of an internet use agreement with indication of the passport number, insofar as this does not violate the legal provisions. Criminal acts (in particular unlawful downloads, page views) will be reported and prosecuted. The guest alone shall be liable for unlawful use of the Internet.
(6) The installation and/or attachment of materials for decoration or similar purposes is not permitted in the holiday flat. The guest shall be solely liable for any decoration or the like that is nevertheless installed and/or attached and shall indemnify the provider against claims by third parties. He/she is also obliged to compensate for any damage caused by the installation or attachment of decorations or similar.
(7) The provider has the right of access to the holiday home at any time, especially in case of imminent danger. When exercising the right of access, the guest's interests worthy of protection shall be given due consideration. The provider shall inform the guest in advance about the exercise of the right of access, unless this is unreasonable or impossible for him/her according to the circumstances of the individual case.
§ 5 Withdrawal from the contract (cancellation)
(1) A withdrawal of the guest from the contract concluded with the provider requires the written consent of the provider. If this is not given, the agreed price from the contract is to be paid even if the customer does not make use of contractual services. This does not apply in cases of default in performance on the part of the provider or an impossibility of performance for which the provider is responsible.
(2) The guest can only withdraw from the contract without triggering payment or damage claims by the provider if the possibility of withdrawal was agreed in writing between him and the provider by a certain date. This right of withdrawal of the guest expires if he does not exercise his right of withdrawal in writing vis-à-vis the provider by the agreed date, unless there is a case of default 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 a reservation of less than 7 nights free of charge up to 5 days before arrival.
For reservations of 7 nights or more, the guest is entitled to cancel free of charge up to 14 days before arrival.
For reservations of 28 nights or more, the guest is entitled to cancel free of charge up to 30 days before arrival.
If the cancellation is not received by the provider in due time, the provider is entitled to retain 100% of the amount to be paid for the overnight stay. Cancellations must be made in writing to the provider, unless the provider agrees to a verbal cancellation. The day of receipt of the cancellation by the provider shall be deemed the day of cancellation.
(4) In the case of a holiday flat not taken up by the guest, the provider shall credit the income from renting the holiday flat to other parties as well as the saved expenses.
(5) If the guest does not appear on the day of arrival by 10p.m. at the latest or by 60 minutes after a later time agreed in accordance with § 7 (1) at the latest without having cancelled, the contract shall be deemed to have been cancelled. Paragraph 3 shall apply accordingly. In addition, the provider may demand an administrative fee of € 100.00 (net) from the guest.
(6) If the guest's right to withdraw from the contract within a certain period of time has been agreed in writing according to para. 2, the provider is entitled to withdraw from the contract within this period of time if there are requests from other guests for the contractually booked holiday flat and the guest does not waive his right to withdraw upon inquiry by the provider.
(7) Furthermore, the provider is entitled to withdraw from the contract for an objectively justified reason or to terminate the contract extraordinarily if, for example, a) force majeure or other circumstances for which the provider is not responsible make it impossible to fulfil the contract, b) the holiday flat was rented with misleading or false information about essential facts, e.g. about the person of the guest or about the purpose or about the occupancy or about the guest. c) the holiday home is used for other than residential purposes, d) the provider has reasonable grounds to assume that the use of the service endangers the safety or peace of mind of other guests or neighbours or the provider's reputation in public, without this being attributable to the provider's sphere of control or organisation.
(8) The provider shall inform the guest immediately of the exercise of the right of withdrawal 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 withdrawal or justified termination by the Provider, the Guest shall have no claim to compensation. The Guest shall compensate the Provider for all damages for which he/she is responsible due to a withdrawal or extraordinary termination in accordance with paragraph 7.
§ 6 Liability; Statute of Limitations
(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, if and insofar as the provider does not have unrestricted liability under the statutory provisions. If disruptions or deficiencies occur in the services of the Provider, the Provider shall endeavour to remedy the disruption or deficiency upon knowledge thereof or upon immediate complaint by the Guest. The guest is obligated to contribute what is reasonable for him/her in order to eliminate the disruption or defect and to keep any possible damage to a minimum.
(2) The provider shall not be liable for items brought in by the guest; they shall not be deemed to be brought-in items within the meaning of §§ 701 et seq. BGB. Liability of the provider according to these regulations is thus expressly excluded. This also expressly applies to valuables which the guest keeps and/or leaves in the holiday flat.
(3) The guest is liable for all damage culpably caused by him/her, his/her fellow travellers or his/her visitors in the holiday home, in the holiday home and/or to the inventory of the holiday home. The guest is recommended to take out private liability insurance. The guest is obliged to report any damage to the provider immediately. This applies in particular to such damage which may also affect other flats in the house (e.g. water damage, fire damage).
(4) Claims of the guest become time-barred in six months, unless the provider is liable due to intent. Claims of the provider become time-barred in the respective legal period.
§ 7. arrival and departure, handing over of keys; delayed evacuation
(1) The holiday flat is regularly available from 5.00 p.m. on the day of arrival. Arrival before 5.00 p.m. can also take place if this has been expressly agreed with the provider in advance.
(2) The guest is obliged, upon request, to be able to present his valid identity card or passport to the provider upon arrival.
(3) The provider may require the payment of a deposit of € 150.00 upon arrival. The provider will refund this deposit if the holiday flat is vacated in good time and all keys are returned on the day of departure, unless otherwise agreed with the guest and provided that the holiday flat does not show 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 the spot (§ 249 para. 2 BGB).
(4) On the day of departure, the guest must vacate the apartment by 10.00 a.m. at the latest. In case of late vacating of the holiday flat, the provider is entitled to an additional payment from the guest. This amounts to: a) 50,00 € (net) in case of vacating after 10.00 a.m. but before 1.00 p.m; b) 100 % of the agreed accommodation price/night in case of an evacuation after 13.00 p.m. In addition, the Provider shall be entitled to compensation for all further damages incurred due to a delayed evacuation.
(5) The evacuation according 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, if this has been expressly agreed with the provider in advance, leave all keys on the table in the holiday flat and close the flat door. The guest is obliged to check that the flat door is properly closed.
(6) In the event of loss of oneor more keys, the guest shall 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 processing of the contract.
§ 9. final provisions
(1) Changes or additions to the contract, the acceptance of the application or these general terms and conditions should be made in writing. Unilateral changes or additions by the guest are invalid.
(2) Place of performance and payment is Germany. The place of jurisdiction for tenancy law is the district court of Kleve.
(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 only intended for the personal use of the guest. 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 which comes as close as possible to the purpose of the provision to be replaced. In all other respects, the statutory provisions shall apply.
