General terms and conditions (AGB) - Bauernchalet | elbacher gütel
Landlord:
Anja & André Lammering, Birkenallee 1, 82547 Eurasburg
§ 1 . Validity of the terms and conditions
(1) These general terms and conditions for guest accommodation apply to contracts for the rental rental of holiday apartments or holiday homes for accommodation, as well as all other services and deliveries provided by the provider for the guest. The services of the provider take place exclusively on the basis of these general terms and conditions.
(2) The subletting or subletting of the vacation apartment or holiday home as well as its use for purposes other than living require the prior written consent of the provider.
(3) Terms and conditions of the guest only apply if they have been agreed in advance. Deviations from these 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 phone or in writing by letter, e-mail and / or fax and thus accepts the booking (acceptance of the application).
(2) Contractual partners are the provider and the guest. If a third party has ordered for the guest, he is liable towards the provider together with the guest as joint debtor for all obligations arising from this contract, provided the provider has received a corresponding declaration from the third party.
(3) The guest is obliged to check the booking confirmation for correctness. If the content of the booking confirmation differs from the booking request and the guest does not immediately raise any objections, the content of the booking confirmation is deemed to be contractually agreed.
§ 3. Services, prices, payment, offsetting
(1) The provider is obliged to keep the holiday apartment or holiday home booked by the guest ready and to provide the agreed services. The apartment or holiday home corresponds to the equipment standard of an average rental apartment. The provider assumes a guarantee only 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 prices applicable or agreed by the provider for the rental of the holiday apartment or holiday home and for the other services used. This also applies to services and expenses of the provider arranged by the guest to third parties.
(3) All prices include the respective statutory value added tax.
(4) The guest is obliged to provide truthful information about the number of people occupying the holiday home. The holiday apartment or holiday home is available for a maximum of the number of people specified in the booking confirmation according to Section 2 Paragraph 1. The assignment of a number of people beyond this requires the prior written consent of the provider. In this case, the price for the rental of the holiday apartment or holiday home increases to the price generally calculated by the provider with the corresponding occupancy.
(5) If the period between the conclusion of the contract and the fulfillment of the contract exceeds four months and the price generally charged by the provider for such services increases, the provider can raise the contractually agreed price appropriately, but at most by 10%.
(6) Payment of the price agreed for the transfer of the holiday apartment or holiday home and for the other services agreed with the guest is due on the day of arrival at the latest when the keys are handed over. At this time, it must be made in cash, unless the provider has expressly agreed to a different payment method with the guest. EC and credit cards cannot be accepted as payment on site.
(7) The provider reserves the right to request a reasonable advance payment from the guest prior to arrival for the price agreed for the rental of the holiday home or holiday home as well as the other services agreed with the guest. If an advance payment is requested with the booking confirmation according to § 2 paragraph 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 the transmission of the booking confirmation, the provider is entitled to withdraw from the contract; he must inform the guest of this in writing. Section 5 (3) shall then apply with the proviso that the 8th day after the booking confirmation has been sent is considered the day of cancellation.
(8) The guest can only offset an undisputed or legally established claim against a claim by the provider.
§ 4. General rights and obligations; House rule
(1) The guest must treat the holiday home or holiday home and its inventory provided to him with care. The guest is obliged to comply with the house rules. The night's rest applies from 10 p.m. to 7 a.m. During this time, special consideration is given to the roommates and neighbors. TV and audio devices must be set to room volume.
(2) For the duration of the rental of the holiday home or holiday home, the guest is obliged to keep windows and doors closed when leaving the holiday home or holiday home, to regulate all radiators to a low level and to switch off lights and technical devices.
(3) The accommodation of pets of any kind is only permitted in the apartment or holiday home with the prior written consent of the provider. The provider can charge a reasonable surcharge for the accommodation of animals. If animals are accommodated without the provider's prior consent, the latter can charge a cleaning fee of up to € 1000.00 (net).
(4) There is a general smoking ban in the holiday apartment. In the event of violations, the provider can charge a cleaning fee of up to € 1000.00 (net). Smoking is only allowed on balconies and patios.
(5) There is a general ban on candles in the holiday home. In the event of violations, the provider can charge a flat rate of up to € 1000.00 (net). If necessary, the provided battery operated candles may be used.
(6) Internet use is permitted as long as it does not violate the statutory provisions. Criminal acts (in particular illegal downloads, page views) are reported and prosecuted. The guest is solely responsible for illegal use of the Internet.
(7) The introduction and / or attachment of materials for decoration or the like is not permitted in the holiday home. The guest is liable for any decoration and / or decoration that has been installed and the like, and releases the provider from third party claims. He is also obliged to compensate for damage caused by the introduction or attachment of decoration or the like.
(8) The provider has a right of access to the holiday apartment or holiday home at any time, especially in the event of imminent danger. Appropriate consideration must be given to the guests' concerns that need to be protected when exercising their right of access. The provider will inform the guest in advance about the exercise of the right of access, unless this is not reasonable or impossible according to the circumstances of the individual case.
§ 5. Withdrawal from the contract (cancellation; cancellation)
(1) A withdrawal of the guest from the contract concluded with the provider requires the written consent of the provider. If this does not take place, the agreed price from the contract must be paid even if the customer does not use contractual services. This does not apply in the event of a delay in performance by the provider or if the provider is unable to provide the service.
(2) The guest can only withdraw from the contract without triggering payment or compensation claims by the provider if the possibility of withdrawal has been 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 to withdraw from the provider in writing by the agreed date, unless there is a delay in performance by the provider or an impossibility to provide the service for which he is responsible.
(3) Without triggering payment or compensation claims by the provider, the guest is entitled to cancel up to 60 days before arrival, otherwise according to the following provisions:
Cancellation no later than
Amount to be paid
Price per night
60 days before arrival = 0%
59 to 41 days before arrival = 40%
40 to 21 days before arrival = 60%
20 to 11 days before arrival = 80%
<10 days before arrival = 100%
Cancellations must be made in writing to the provider, unless the provider agrees to an oral cancellation. The day of receipt of the cancellation by the provider is the cancellation day.
(4) In the case of a holiday home or holiday home not used by the guest, the provider must credit the income from renting the holiday home or holiday home to others as well as the saved expenses.
(5) If the guest does not appear on the day of arrival by 10 p.m. or 60 minutes after a later date agreed in accordance with Section 7 (1) without having canceled, the contract is deemed to be canceled. Paragraph 3 applies accordingly. In addition, the provider can charge the guest an administration fee of € 100.00 (net).
(6) If a right of withdrawal of the guest has been agreed in writing within a certain period in accordance with paragraph 2, the provider is entitled to withdraw from the contract during this period if there are requests from other guests for the contractually booked holiday apartment or holiday home and the guest opens Query of the provider does not waive his right to withdraw.
(7) Furthermore, the provider is entitled to withdraw from the contract for an objectively justifiable reason or to terminate it extraordinarily if, for. B.
a) Force majeure or other circumstances for which the provider is not responsible make it impossible to fulfill the contract,
b) the holiday apartment or holiday home with misleading or false information about essential facts, e.g. B. was booked in the person of the guest or with regard to the purpose or with regard to the occupancy or with regard to the accommodation of animals,
c) the holiday home is used for purposes other than residential purposes,
d) the provider has reasonable grounds to believe that the use of the service endangers the security or the peace of the house of other guests or neighbors or the reputation of the provider in public, without this being attributable to the domain or organizational area of the provider.
(8) The provider must immediately inform the guest of the exercise of the right of withdrawal or termination. In the case of paragraph 7 a), the provider must immediately reimburse the rent payments and / or advance payments already made. In the event of a justified withdrawal or a justified termination by the provider, the guest is not entitled to compensation. The guest has to compensate the provider for all damages for which he is responsible due to a withdrawal or an extraordinary termination according to paragraph 7.
§ 6. Liability; Statute of limitations
(1) The provider is liable for his obligations under the contract. Liability is limited to intent and gross negligence on the part of the provider if and insofar as it does not have unlimited liability under the statutory provisions. Should disruptions or defects occur in the services of the provider, the provider will endeavor to remedy the disruption or the defect if the guest becomes aware of it or if the guest gives notice immediately. The guest is obliged to contribute what is reasonable in order to remedy the fault or deficiency and to keep possible damage to a minimum.
(2) The provider is not liable for items brought in by the guest; they are not considered items brought in within the meaning of sections 701 f. BGB. Liability of the provider according to these regulations is therefore expressly excluded. This also applies expressly to valuables that the guest keeps and / or leaves in the holiday apartment or holiday home.
(3) The guest is liable for all damages that he, his fellow travelers or his visitors culpably caused in the house of the holiday apartment or holiday home, in the holiday apartment or holiday house and / or in the inventory of the holiday apartment or holiday house. Private liability insurance is recommended to the guest. The guest is obliged to notify the provider of any damage immediately. This applies in particular to damage that can also affect other apartments in the house (e.g. water damage, fire damage).
(4) Claims of the guest expire in six months, unless the provider is liable for intent. Claims of the provider become statute-barred within the respective statutory period.
§ 7. Arrival and departure, handover of keys; Delayed eviction
(1) The apartment or holiday home is regularly available on the day of arrival from 3 p.m. The arrival must be before 10 p.m., unless a later arrival time is expressly agreed with the provider in advance. Arrivals before 3 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 10 p.m. and 8 a.m. and takes place during this time, a surcharge of EUR 30.00 will be charged.
(3) The guest is obliged to present the valid identity card or passport to the provider upon arrival.
(4) The provider can request a deposit of € 150 on arrival. The provider will refund this deposit if the holiday home or holiday home is vacated in good time and all keys are handed over on the day of departure, unless otherwise agreed with the guest and provided that the holiday home or holiday home shows no damage for which the guest is responsible. In the event of further damage to the holiday apartment or holiday home and / or the inventory, the guest pays the amount of money required for the compensation in cash (section 249 (2) BGB).
(5) On the day of departure, the guest must vacate the apartment or holiday house by 10:30 a.m. at the latest. In the event of late vacations of the holiday apartment or holiday home, the provider is entitled to an additional payment from the guest. This is
a) € 50.00 (net) for evictions after 10:30 a.m. but before 1 p.m.
b) 100% of the agreed overnight price / night if the room is vacated after 1 p.m.
In addition, the provider is entitled to compensation for all further damage incurred due to a late clearance.
(6) The evacuation in accordance with paragraph 4 is only deemed to have been effected if all keys have also been released to the provider or his representative. If this has been expressly agreed with the provider, the guest can leave all the keys on the table in the holiday apartment or holiday home and pull the door closed. The guest is obliged to check that the apartment door is properly closed.
(7) If one or more keys are lost, the guest must compensate the provider for their new production and, if necessary, for the installation of new locks.
§ 8th . privacy
The landlord will not pass on the personal data provided by the guest to third parties, unless this is necessary for the execution of the contract.
§ 9. Final provisions
(1) Changes or additions to the contract, the acceptance of applications or these general terms and conditions should be made in writing. Unilateral changes or additions by the guest are ineffective.
(2) The place of fulfillment and payment is Eurasburg / Germany. The general place of jurisdiction is Munich.
(3) Only the law of the Federal Republic of Germany applies to the contract.
(4) These general terms and conditions 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 does not affect the effectiveness of the remaining provisions. The ineffective provision is to be replaced by a provision that comes as close as possible to the purpose of the provision to be replaced. In addition, the statutory provisions apply.