§ 1. Applicability of the Terms and Conditions
(1) These General Terms and Conditions for Guest Accommodation apply to contracts for the temporary rental of vacation apartments for accommodation purposes as well as all additional services and deliveries provided by the provider for the guest. The services of the provider are exclusively based on these General Terms and Conditions.
(2) The subletting or further letting of the provided vacation apartment as well as its use for purposes other than residential use requires the prior written consent of the provider.
(3) The guest's terms and conditions will only apply if they have been previously agreed upon. Deviations from these conditions are only valid 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 phone or in writing via letter, email, and/or fax, thereby accepting the booking (acceptance of the request).
(2) Contractual partners are the provider and the guest. If a third party has made the booking for the guest, they are liable to the provider together with the guest as joint and several debtors for all obligations under this contract, provided 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 booking confirmation deviates from the booking request in content and the guest does not raise objections immediately (within 24 hours), the content of the booking confirmation is considered contractually agreed.
§ 3. Services, Prices, Payment, Set-Off
(1) The provider is obligated to keep the vacation apartment booked by the guest available and to provide the agreed services. The vacation apartment corresponds to the standard of equipment of an average rental apartment. The provider only guarantees expressly promised features, not the subjective quality of the equipment (e.g., ventilation).
(2) The guest is obligated to pay the applicable or agreed prices of the provider for the provision of the vacation apartment and any additional services used. This also applies to services and expenses of the provider to third parties incurred at the guest's request.
(3) The guest is obligated to provide truthful information regarding the number of persons occupying the vacation apartment. The apartment is available for the maximum number of persons stated in the booking confirmation according to § 2(1). Occupancy with a higher number of persons requires prior written consent from the provider. In this case, the price for the vacation apartment will increase to the generally calculated price for the corresponding occupancy.
(4) If more than four months pass between the conclusion of the contract and the fulfillment of the contract, and the price generally charged by the provider for such services increases, the provider may raise the contractually agreed price by no more than 10%.
(5) The payment of the agreed price for the provision of the vacation apartment, as well as for any additional services agreed with the guest, is due no later than the day of arrival when the keys are handed over. Payment must be made in cash at that time unless the provider has expressly agreed to another method of payment. EC and credit cards cannot be accepted on-site.
(6) The provider reserves the right to request a reasonable advance payment from the guest for the agreed price of the vacation apartment and any additional services agreed with the guest. If an advance payment is required with the booking confirmation in accordance with § 2(1), it is due on the 8th day after the transmission of the booking confirmation. If the provider does not receive payment by the 8th day after the transmission of the booking confirmation and payment is not made after a reasonable grace period set by the provider with a rejection warning, the provider is entitled to withdraw from the contract and must notify the guest in writing. § 5(3) applies accordingly, with the 8th day after the transmission of the booking confirmation considered the day of cancellation.
(7) The guest may only offset undisputed or legally established claims against claims of the provider.
(8) For stays longer than 14 days, the provider reserves the right to conduct regular weekly or bi-weekly cleanings in the vacation apartment. The costs for these will be borne by the guest unless otherwise agreed.
§ 4. General Rights and Obligations; House Rules
(1) Please treat the vacation apartment and its inventory with care. In the event of damage, heavy soiling, or theft of inventory, a fee may be charged. It is important to observe the house rules. Quiet hours are from 10:00 PM to 7:00 AM. During this time, please be considerate of other residents and neighbors. Ensure that TVs and audio devices are set to a low volume.
(2) When leaving the vacation apartment, please close windows and doors, set the radiators to a low level, and turn off lights and electronic devices.
(3) Pets are only allowed with prior written approval from the provider. An additional fee may apply. If pets are brought without permission, a cleaning fee of up to €200.00 (net) may be charged.
(4) Smoking, parties, and events are prohibited in the vacation apartment. In case of violations, the provider may charge a cleaning or effort fee of up to €200.00 (net). Smoking is only allowed on balconies and terraces. Additionally, the provider reserves the right to impose a contractual penalty of €200.00 (net) in case of violations.
(5) To monitor compliance with paragraph 4, a sensor for volume, temperature, and humidity is installed in the apartment. The sensor does not record voices but only measures decibels.
(6) Internet use is subject to strict rules. Any illegal activities, especially illegal downloads or site visits, will be prosecuted. You are solely responsible for any illegal use of the internet.
(7) Installing decorations or similar items in the vacation apartment is not allowed. You are solely responsible for any installed decorations or similar items and shall indemnify the provider against claims from third parties. You are also liable for any damages caused by the installation of decorations or similar items.
(8) The provider reserves the right to enter the vacation apartment at any time, especially in case of danger. Appropriate consideration will be given to your privacy. If possible, the provider will inform you in advance of the entry, unless this is unreasonable or impossible under the circumstances.
§ 5. Withdrawal from the Contract (Cancellation)
(1) The guest’s withdrawal from the contract with the provider requires the provider’s written consent. If this is not granted, the agreed price must be paid even if the guest does not use the contractual services. This does not apply in cases of delayed performance by the provider or if the provider is unable to provide the service.
(2) The guest may only withdraw from the contract without triggering payment or damage claims from the provider if a cancellation option has been agreed in writing between the guest and the provider by a certain deadline. This right to cancel expires if the guest does not exercise their right in writing by the agreed deadline, unless a case of delayed performance or inability to provide the service by the provider occurs.
(3) The guest is entitled to cancel without incurring any payment or damage claims from the provider up to 30 days before arrival, otherwise according to the following terms: Cancellation 5 to 9 days before arrival: 80% of the overnight stay price Cancellation less than 5 days before arrival: 100% of the overnight stay price. Cancellations must be made in writing to the provider unless the provider agrees to a verbal cancellation. The cancellation date is the day the provider receives the cancellation.
(4) If the guest does not use the vacation apartment, the provider must credit any income from renting the apartment to others and any saved expenses.
(5) If the guest does not arrive by 10:00 PM on the day of arrival or within 60 minutes after an agreed later time per § 7(1), without canceling, the contract is considered canceled. Paragraph 3 applies accordingly. Additionally, the provider may charge the guest a €100.00 (net) administrative fee.
(6) If the guest has a written right of cancellation within a certain period per paragraph 2, the provider is entitled to withdraw from the contract if inquiries from other guests for the booked vacation apartment exist and the guest, upon request, does not waive their right to withdraw.
(7) The provider is entitled to withdraw from the contract for justifiable reasons or to terminate it extraordinarily, for example, if
a) force majeure or other circumstances not attributable to the provider make the fulfillment of the contract impossible;
b) the vacation apartment was booked under misleading or false information, particularly regarding the guest's identity, purpose of stay, or occupancy, or regarding the accommodation of pets;
c) the vacation apartment is used for purposes other than residential purposes;
d) the provider has justified reasons to believe that the use of the service endangers the safety or peace of other guests, neighbors, or the provider’s reputation without being attributable to the provider’s domain or organization.
(8) The provider must notify the guest immediately of the exercise of the right to withdraw or terminate. In cases of section 7(a), the provider must immediately refund any rental payments or advance payments. In the event of a justified withdrawal or termination by the provider, the guest is not entitled to claim damages. The guest is liable for all damages caused by the withdrawal or extraordinary termination according to section 7.
(9) In the event of non-compliance with the guest's rights and obligations under § 4, the provider is entitled to terminate the contract with immediate effect. Any costs incurred by the provider must be borne by the guest. An immediate departure from the provider's vacation apartment, no later than 15 minutes after termination, is required.
§ 6. Liability; Statute of Limitations
(1) The provider is liable for its obligations under the contract. The liability is limited to intent and gross negligence on the part of the provider, unless and to the extent that unlimited liability is mandatory under statutory provisions. If disruptions or defects occur in the provider's services, the provider will endeavor to rectify the disruption or defect as soon as they become aware of it or upon immediate complaint by the guest. The guest is obliged to contribute as much as reasonably possible to rectify the disruption or defect and to minimize any possible damage.
(2) The provider is not liable for items brought by the guest; such items are not considered to be brought-in items under §§ 701 f. BGB (German Civil Code). Therefore, the provider's liability under these provisions is expressly excluded. This exclusion explicitly applies to valuables that the guest stores and/or leaves behind in the vacation apartment.
(3) The guest is liable for all damages culpably caused by them, their fellow travelers, or their visitors to the house, the vacation apartment, and/or the apartment’s furnishings. This also includes dirt or soiling beyond normal use, particularly regarding towels and bed linens. If professional cleaning is not sufficient to remove the soiling, the landlord is entitled to claim damages. The guest is advised to have personal liability insurance. The guest is required to report any damages to the provider immediately. This also applies to damages that may affect other apartments in the house (e.g., water damage, fire damage).
(4) Guest claims expire after six months unless the provider is liable for intent. The provider’s claims are subject to the respective statutory limitation periods.
§ 7. Check-in and Check-out, Key Handover; Late Departure
(1) The vacation apartment is generally available from 2:00 PM on the day of arrival. An earlier check-in may also be arranged if explicitly agreed upon with the provider in advance.
(2) The guest is required to present a valid ID card or passport upon arrival.
(3) Upon arrival, the provider may request a deposit of €150.00. The provider will refund this deposit upon timely vacating of the vacation apartment and return of all keys on the day of departure, provided no other agreement has been made with the guest and the vacation apartment shows no damages attributable to the guest. In the event of damages exceeding this amount to the apartment and/or its furnishings, the guest shall either pay the necessary compensation amount in cash on-site or, at the provider's discretion, receive an invoice (§ 249(2) BGB).
(4) On the day of departure, the guest must vacate the vacation apartment by no later than 10:00 AM. In case of delayed departure, the provider is entitled to charge the guest an additional fee. This amounts to: a) €50.00 (net) for vacating after 10:00 AM but before 12:00 PM; b) 100% of the agreed overnight price per night for vacating after 12:00 PM. Additionally, the provider is entitled to claim compensation for any further damages caused by the delayed departure.
(5) The vacation apartment is only considered vacated once all keys have been returned to the provider or their representative. If explicitly agreed upon with the provider, the guest may leave all keys on the table inside the vacation apartment and pull the door closed. The guest is required to ensure the proper closing of the apartment door.
(6) In the event of loss of one or more keys, the guest must compensate the provider for the cost of replacement and, if necessary, for the installation of new locks.
§ 8. Final Provisions
(1) Amendments or additions to the contract, 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 Germany. The court of jurisdiction for rental law is the District Court of Kleve.
(3) The contract is governed exclusively by the laws of the Federal Republic of Germany.
(4) These General Terms and Conditions for Guest Accommodation are intended for the personal use of the guest only. Any commercial use by third parties is expressly prohibited.
(5) Should any provision of the preceding terms 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 invalid provision. Otherwise, the statutory provisions apply.
