Conditions
1. Scope
1.1. These terms apply to contracts for the non-commercial, rental use of an apartment in Hauptstrasse 42c, 04828 Bennewitz, OT Altenbach for residential purposes between the customer and Thomas and Simone Michler, Hauptstrasse 42c, 04828 Bennewitz, OT Altenbach, now referred to as the landlord.
1.2. The sub-or rental of the licensed premises and their use as accommodation for other purposes are not permitted. Exceptions require the prior written consent of the landlord.
2. The conclusion of the contract and contractor
2.1. Contracting parties are the landlord and the customer. If a third party for the customer is appointed, the owner alone shall be liable for all obligations under this contract. If the customer confirms the appointment of a third party, the customer alone is liable to the landlords.
2.2. The contract is the online booking made by the customer and the mandatory booking confirmation by the landlord agreement. This is usually carried out by e-mail. Only after receiving the booking confirmation from the landlord is the contract binding for the customer.
3. Services, prices, payment, charging
3.1. The landlords are obliged, for the number of nights booked by the customer for the apartment named in ‘1.1’ to keep it available and to provide the other agreed services.
3.2. The agreed prices include the respective value added tax
3.3. If the period between the contract conclusion and contract performance is 4 months and the price of general services increases, the landlord can contractually adjust the agreed price, but only by a maximum of 10%.
3.4. The customer is committed to the apartment and is in agreement to pay for the services used. This also applies to the customer services and expenses incurred by the landlord to third parties. If the landlord is to provide the delivery of bed linen and towels or the like in a contractually agreement for a certain number of people, and less people take up this claim, the customer is seen as in acceptance and payment in the amount ordered is required, regardless of actual amount use. If more people than the contractual agreement are to be accommodated, the landlord has no commitment to further benefits. The landlords will act within their means.
3.5. The prices of the landlords can also be changed if the customer later wants the following changes:
-- Number of people booked
-- Length of stay of guests
-- Other services from the landlord and the landlord is in agreement.
3.6. Accounts of owners without a due date are payable in full and within 14 days upon receipt of the invoice. The preferred method of payment is by bank transfer. Exceptions can be made by the landlord. An added expense may be charged. The landlords are entitled to any debts accrued by way of late payment and these are to be paid promptly. In the event of payment default, the landlord is entitled to charge interest for the current year at a rate of 5% above the current base rate of the German Federal Bank. The customer only needs to prove that there was limited loss and the landlord needs to demonstrate the extent of loss.
3.7. The customer may only offset withhold or reduce a debt owed to the landlord with an undisputed or legally binding claim.
4. Withdrawal by the customer (cancellation)
4.1. A withdrawal by the customer of the landlord with the contract requires the written consent or confirmation by the landlord, using the written form of e-mail, the email must be maintained. The landlords must confirm in writing within three working days the withdrawal by the customer, here as well is the requirement by writing of an e-mail to be safeguarded.
4.2. if nothing else has been agreed with the customer, the customer changes or cancellations are calculated as follows:
Cancellation 60 days - 15 days before departure: 30% of the rental fee
Cancellation 14 days to 3 days before departure: 50% of the rental fee
Cancellation from 2 days before departure or no show: 100% of the rental fee.
During the hiring, e.g. Shortening of the period 100% of the rental fee
5. The preparation, delivery and return
5.1. The apartment is booked to the customer from 3:00pm on the agreed date of arrival. The customer has no right to earlier deployment
5.2. On the agreed day the apartment of the landlord is to be vacated and available at 10.00am at the latest. Afterwards, if damages have occurred, the landlord can require use of the apartment to 6om which will add 50% of full accommodation price onto account, from 6pm 100%.
6. Resignation / dismissal of the landlord
6.1. As long as a dismissal of the customer within a specified period of time is agreed in writing, the landlord in this period is entitled to annul the contract if requests by other customers are made after the contractually booked apartment is available and the customer does not query the landlord’s right to annul the contract.
6.2. If an advance payment also agreed to remove one of the owners is made, and a reasonable grace period with warning of rejection is not made, then the landlord also to annul the contract.
6.3. In addition, the landlord is entitled to objectively with justifiable reason annul the contract or terminate them if, for example,
- Increased damage or other, from the owners, is not responsible for circumstances that make the fulfilment of the contract impossible,
- the apartment is booked using misleading or false information regarding material facts, for example, in the person of customer, address or bank details or the purpose of the booking,
- the customer without the prior consent of the landlord brings pets or damages, destroys or steals equipment,
- the landlord has reasonable grounds to believe that the use of service, the safety of other residents of the house or the reputation of the landlord to the public is at risk, without this the management or organization of the landlord is attributable.
6.4. The landlords must inform the customers of the exercise of the resignation / dismissal law.
6.5. The resignation / termination by the landlord does not entitle the customer for damages.
7. Liability
7.1. Liability arising from negligent acts which cause delay, defect or breach of contractual obligations or make the execution of contractual obligations (fundamental obligations) impossible applies to foreseeable damage as well as for other contractual breaches. The customer is obliged to act within reason to ensure damage is minimized and to remedy any possible damage.
7.2. The landlord liable to the customer for the customer’s possessions in the scope of the existing household insurance, but not for more than one hundred of the apartment price, more than EUR 500, --. The landlords recommend that no valuables be left in the apartment respectively. The liability claims expire, unless the customer immediately after gaining knowledge of loss, destruction or damage, shows this to the landlords (Section 703 BGB).
7.3. For the unlimited liability of the owner the statutory provisions are valid.
7.4. If the customer uses a motor vehicle parking space in a parking lot, even if a fee is charged, there is no custody agreement. For loss or damage of motor vehicles and their contents are not liable to the landlord, except for gross negligence or intent.
7.5. Wake-up orders will not be taken by owners. Claims for damages are therefore excluded.
7.6. Mail and goods deliveries for guests are neither accepted nor managed by the landlord. A custody agreement can not be here. A liability is excluded.
7.7. The customer is liable for any damage that he, his staff, his guests or visitors in or on apartment buildings or at the apartment inventory have caused.
7.8. Claims from the customers are prescribed in the legal statute of limitation periods.
8. Decorations brought by customers
8.1. The installation of decoration materials in the landlord’s apartment is not permitted and is allowed in exceptional cases only with prior consent of the landlord. The customer must answer for the approval of the decoration. The customer is responsible for such decoration introduced and is the sole provider of third party claims.
9. Final Provisions
9.1. Changes or additions to the contract, the adoption or application of these terms and conditions should be made in writing. Unilateral changes or additions by the customer are ineffective.
9.2. Fulfilment and payment is at the landlords place of business in Bennewitz, OT Altenbach.
9.3. The exclusive jurisdiction - also for cheques and exchange disputes - is home to the landlord, this also applies to customers who do not have general jurisdiction in Germany.
9.4. It is governed by German law.
9.5. If individual provisions of these terms and conditions for apartment bookings are found to be invalid or void, the validity of the remaining provisions are not affected. In addition, the statutory provisions are still valid.
Status: January 2008
