§ 1. Validity of the General Terms and Conditions
(1) These General Terms and Conditions apply to contracts for the rental of vacation apartments for accommodation purposes and all other services and deliveries provided by the provider to 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 rented vacation apartment 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 they have been agreed in advance. Deviations from these terms and conditions shall only be 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, e-mail and/or fax and thus accepts the booking (acceptance of application).
(2) The contracting parties are the provider and the guest. If a third party has made the booking on behalf of the guest, they shall be jointly and severally liable to the provider with the guest 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 immediately raise any objections, the content of the booking confirmation shall be deemed to have been contractually agreed.
§ 3 . Services, prices, payment, offsetting
(1) The provider is obliged 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 the features that have been expressly promised, but not the subjective quality of the equipment (e.g., ventilation).
(2) The guest is obliged to pay the provider's applicable or agreed prices for the provision of the vacation apartment and any other services used by the guest. This also applies to services and expenses incurred by the provider to third parties at the guest's request.
(3) All prices include the applicable statutory value added tax.
(4) The guest is obliged to provide truthful information about the number of people occupying the vacation apartment. The vacation apartment is available for a maximum of the number of people specified in the booking confirmation in accordance with § 2 (1). Occupancy by a greater number of people requires the prior written consent of the provider. In this case, the price for the provision of the vacation rental increases to the price generally charged by the provider for 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 may raise the contractually agreed price appropriately, but by no more than 10%.
(6) Payment of the price agreed for the provision of the vacation apartment and for any additional 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 a means of payment on site.
(7) The provider reserves the right to demand an appropriate advance payment from the guest prior to arrival for the agreed price of the vacation rental and any additional services agreed with the guest. If an advance payment is requested with the booking confirmation in accordance with § 2 (1), this is due on the 8th day after the booking confirmation has been sent. If the provider has not received 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 rejection has expired, the provider is entitled to withdraw from the contract; they must notify the guest of this in writing. Section 5 (3) shall then apply accordingly, with the proviso that the 8th day after the booking confirmation has been sent shall be deemed the day of cancellation.
(8) The guest may only offset a claim against a claim by the provider if the claim is undisputed or has been legally established.
§ 4. General rights and obligations; house rules
(1) Guests must treat the vacation apartment and its inventory with care. Guests are obliged to comply with the house rules. Quiet hours are from 10 p.m. to 7 a.m. During this time, guests are asked to be considerate of their fellow guests and neighbors. TVs and audio devices must be set to a reasonable volume.
(2) For the duration of the rental period, the guest is obliged to keep windows and doors closed when leaving the vacation apartment, to set all radiators to a low setting, and to switch off lights and technical devices.
(3) Pets of any kind are only allowed in the vacation rental 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 prior consent of the provider, the provider may charge a cleaning fee of up to €200.00 (net).
(4) Smoking is generally prohibited in the vacation rental. In the event of violations, 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 usage agreement with specification of the passport number, provided that this does not violate legal provisions. Criminal offenses (in particular illegal downloads, page views) will be reported and prosecuted. The guest is solely liable for any illegal use of the Internet.
(6) The introduction and/or attachment of materials for decoration or similar purposes is not permitted in the vacation apartment. The guest is solely liable for any decorations or similar items introduced and/or attached and indemnifies the provider against any third-party claims. The guest is also obliged to compensate for any damage caused by the introduction and/or attachment of decorations or similar items.
(7) The provider has the right to access the vacation rental at any time, especially in cases of imminent danger. The guest's legitimate interests must be taken into account when exercising the right of access. The provider will inform the guest in advance of exercising the right of access, unless this is unreasonable or impossible under the circumstances of the individual case.
§ 5. Withdrawal from the contract (cancellation)
(1) The guest's withdrawal from the contract concluded with the provider requires the provider's written consent. If this is not given, the agreed price from the contract must be paid even if the customer does not make use of the contractual services. This does not apply in cases of default on the part of the provider or impossibility of performance for which the provider is responsible.
(2) The guest may only withdraw from the contract without triggering payment or damage claims by the provider if the possibility of withdrawal by a certain date has been agreed in writing between the guest and the provider. This right of withdrawal of the guest expires if he does not exercise his right of withdrawal 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 damage claims by the provider, the guest is entitled to cancel up to 30 days before arrival, otherwise in accordance with the following provisions:
Cancellation up to the amount of the accommodation price to be paid
30 days before arrival 0%
25 to 29 days before arrival 20%
15 to 24 days before arrival 40%
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 date of cancellation is the date on which the provider receives the cancellation.
(4) If the guest does not use the vacation rental, the provider shall offset the income from renting the vacation rental to another party and the expenses saved.
(5) If the guest does not arrive by 10 p.m. on the day of arrival or by 60 minutes after a later time agreed in accordance with § 7 (1) without having canceled, the contract shall be deemed canceled. Paragraph 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 for the guest within a certain period has been agreed in writing in accordance with paragraph 2, the provider is entitled to withdraw from the contract during this period if there are inquiries from other guests for the contractually booked vacation apartment and the guest does not waive their right of withdrawal upon inquiry by the provider.
(7) Furthermore, the provider is entitled to withdraw from the contract for objectively justified reasons or to terminate it extraordinarily if, for example, a) force majeure or other circumstances beyond the provider's control make it impossible to fulfill the contract,
b) the vacation rental was booked under misleading or false statements of material facts, e.g., regarding the identity of the guest or the purpose or occupancy of the rental or the accommodation of animals,
c) the vacation rental is used for purposes other than residential purposes,
d) the provider has reasonable grounds to believe that the use of the service jeopardizes the safety or peace of other guests or neighbors or the provider's public reputation, without this being attributable to the provider's sphere of control or organization.
(8) The provider must inform the guest immediately of the exercise of the right of withdrawal or termination. In cases of paragraph 7 a), the provider must immediately refund any rental payments and/or advance payments already made. In the event of justified withdrawal or termination by the provider, the guest shall not be entitled to claim damages. The guest shall compensate the provider for all damages for which they are responsible as a result of 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 to the extent that it is not subject to mandatory unlimited liability under the statutory provisions. Should disruptions or defects occur in the provider's services, the provider shall endeavor to remedy the disruption or defect upon becoming aware of it or upon immediate complaint by the guest. The guest is obliged to contribute what is reasonable to remedy the disruption or defect and to minimize 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 (German Civil Code). Liability of the provider under these provisions is therefore expressly excluded. This also applies expressly to valuables that the guest keeps and/or leaves in the vacation apartment.
(3) The guest is liable for all damage culpably caused by him, his fellow travelers, or his visitors in the house of the vacation apartment, in the vacation apartment, and/or to the inventory of the vacation apartment. Private liability insurance is recommended for the guest. The guest is obliged to report any damage to the provider immediately. This applies in particular to damage that may also affect other apartments in the building (e.g., water damage, fire damage).
(4) Claims by the guest shall become time-barred after six months, unless the provider is liable for intent. Claims by the provider shall become time-barred within the respective statutory period.
§ 7 . Arrival and departure, key handover; late vacating
(1) The vacation rental is normally available from 3:00 p.m. on the day of arrival. Arrival must take place by 10 p.m., unless a later arrival time has been expressly agreed in advance with the provider. Arrival before 3 p.m. is also only possible if this has been expressly agreed in advance with the provider.
(2) If arrival is agreed between 10 p.m. and 8 a.m. and takes place during this time, a surcharge of €30.00 will be levied.
(3) The guest is obliged to present their valid identity card or passport to the provider upon arrival.
(4) The provider may require a deposit of €150.00 upon arrival. The provider will refund this deposit upon timely vacating of the vacation apartment and return of all keys on the day of departure, unless otherwise agreed with the guest and provided that the vacation apartment does not show any damage for which the guest is responsible. In the event of damage to the vacation rental and/or the inventory exceeding this amount, the guest shall pay the amount required for compensation in cash on site (§ 249 (2) BGB).
(5) On the day of departure, the guest must vacate the vacation apartment by 11:00 a.m. at the latest. If the vacation apartment is vacated late, the provider is entitled to an additional payment from the guest. This shall amount to a) €50.00 (net) for vacating after 11:00 a.m. but before 1:00 p.m.; b) 100% of the agreed accommodation price/night for vacating after 1:00 p.m.
In addition, the provider is entitled to compensation for any further damages incurred as a result of late vacating.
(6) Vacating in accordance with paragraph 4 is only considered to have taken place when all keys have been returned to the provider or their representative. To this end, the guest may, if this has been expressly agreed with the provider in advance, leave all keys on the table in the vacation apartment and close the apartment door. The guest is obliged to check that the apartment door is properly closed.
(7) In the event of the loss of one or more keys, the guest shall compensate the provider for the cost of replacing them 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 execution of the contract.
§ 9 . Final provisions
(1) Amendments or additions to the contract, the acceptance of the application, or these General Terms and Conditions must be made in writing. Unilateral amendments or additions by the guest are invalid.
(2) The place of performance and payment is Mandelbachtal, Germany. The place of jurisdiction for tenancy law is St. Ingbert. The general place of jurisdiction is Saarbrücken.
(3) The contract is governed exclusively by the laws 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.