Regulamin

Pełny regulamin poniżej w języku angielskim (tłumaczenie zgodne z niemiecką wersją). Umowa najmu podlega prawu niemieckiemu; w razie rozbieżności wiążąca jest wersja niemiecka pod adresem /de/agb/.

§ 1 Scope of these terms

(1) These General Guest Accommodation Terms apply to contracts for the temporary rental of holiday flats for accommodation and to all further services and supplies provided to the guest by the provider. Services are provided exclusively on the basis of these General Terms and Conditions.

(2) Sub-letting or further rental of the holiday flat and use for purposes other than residential purposes require the provider’s prior written consent.

(3) The guest’s own terms apply only if expressly agreed beforehand. Deviations from these terms are effective only if the provider expressly confirms them in writing.

§ 2 Accommodation contract

(1) The accommodation contract is formed when the provider confirms the guest’s booking request by telephone or in writing (letter, email and/or fax) and thereby accepts the booking (acceptance of offer).

(2) Contracting parties are the provider and the guest. If a third party booked on behalf of the guest, that third party is jointly and severally liable with the guest to the provider for all obligations under this contract, provided the provider has an appropriate declaration from the third party.

(3) The guest must check the booking confirmation for accuracy. If the confirmation differs from the booking request and the guest does not object without undue delay, the content of the booking confirmation is deemed agreed.

§ 3 Services, prices, payment, set-off

(1) The provider must make the booked holiday flat available and render the agreed services. The flat corresponds to the furnishing standard of an average rental flat. The provider warrants only expressly promised features, not subjective quality (e.g. ventilation).

(2) The guest must pay the applicable or agreed prices for use of the holiday flat and for any further services used. This also applies to services arranged by the guest and expenses incurred by the provider for third parties.

(3) All prices include the applicable statutory VAT.

(4) The guest must truthfully state the number of persons occupying the flat. The flat is available for at most the number of persons stated in the booking confirmation pursuant to § 2(1). Additional persons require the provider’s prior written consent. The price increases to the provider’s generally charged price for that occupancy.

(5) If more than four months elapse between conclusion and performance and the provider’s generally charged price for such services increases, the provider may increase the agreed price reasonably, by at most 10%.

(6) Payment of the agreed price for the holiday flat and for further agreed services is due on the arrival date when keys are handed over, in cash, unless the provider has expressly agreed another payment method. EC and credit cards cannot be accepted on site.

(7) The provider may require a reasonable advance payment before arrival for the agreed price and further agreed services. If an advance is required with the booking confirmation pursuant to § 2(1), it is due on the 8th day after the confirmation is sent. If no payment is received by the 8th day and payment is not made after a reasonable grace period with threat of refusal, the provider may withdraw from the contract and must notify the guest in writing. § 5(3) applies accordingly, treating the 8th day after sending the confirmation as the cancellation date.

(8) The guest may set off only with an undisputed or legally established claim against the provider’s claim.

§ 4 General rights and duties; house rules

(1) The guest must treat the holiday flat and inventory with care and comply with the house rules. Night-time quiet is from 22:00 to 07:00; show consideration for neighbours. TV and audio equipment must be set to room volume.

(2) While using the flat, the guest must keep windows and doors closed when leaving, turn radiators to low, and switch off lights and appliances.

(3) Bringing or keeping pets in the holiday flat is not permitted.

(4) The flat is non-smoking, including conventional cigarettes, e-cigarettes, e-hookahs and similar. Breaches may incur a cleaning lump sum of up to EUR 1,000 (net). Smoking is permitted only outdoors on balconies and terraces.

(5) If Wi-Fi or internet access is provided, this is an ancillary service without warranty for availability, speed or uninterrupted operation. The provider is not liable for damage from use of the access, to the extent permitted by law. The guest is responsible for security of end devices and lawful use; in particular, offering or downloading copyright-protected works without permission, unlawful page views or downloads, and misuse (e.g. spam, port scans) are prohibited. Criminal acts may be reported and prosecuted; the guest alone is liable for unlawful use. Information on processing personal data (e.g. router logs) is in this website’s privacy policy under “Privacy” (each language version).

(6) Installing or attaching decorative materials etc. is not allowed. The guest is solely liable for any such items and indemnifies the provider against third-party claims and must compensate damage caused by installation or attachment.

(7) The provider has a right of access to the flat at any time, especially in case of urgency, with due regard to the guest’s legitimate interests. The provider will inform the guest in advance unless unreasonable or impossible in the circumstances.

§ 5 Withdrawal from the contract (cancellation)

(1) The guest’s withdrawal from the contract requires the provider’s written consent. If consent is not given, the agreed price remains payable even if the guest does not use the services, except where the provider is in default or performance is impossible due to circumstances attributable to the provider.

(2) The guest may withdraw without payment or damages only if a written right to withdraw by a certain date was agreed. That right lapses if not exercised in writing by the agreed date, unless the provider is in default or performance is impossible due to circumstances attributable to the provider.

(3) Without triggering payment or damage claims by the provider, the guest may cancel up to 21 days before arrival; otherwise:

• up to 7 days before arrival: no cancellation fee
• less than 7 days before arrival or no-show: 100% of the agreed total price

Cancellations must be in writing unless the provider agrees to oral cancellation. The cancellation date is the date the cancellation is received by the provider.

(4) If the guest does not use the flat, the provider may credit income from re-letting and saved expenses.

(5) If the guest does not arrive by 22:00 on the arrival day or within 60 minutes of a later time agreed under § 7(1), without having cancelled, the contract is deemed cancelled. § 5(3) applies accordingly. The provider may also charge an administration fee of EUR 100 (net).

(6) If a written withdrawal right within a period was agreed under (2), the provider may also withdraw during that period if other guests request the booked flat and the guest does not waive withdrawal when asked.

(7) The provider may withdraw or extraordinarily terminate for good cause, e.g. if:

a) force majeure or other circumstances not attributable to the provider make performance impossible,

b) the flat was booked with misleading or false material facts (identity, purpose, occupancy, animals),

c) the flat is used for other than residential purposes,

d) the provider has justified reason to believe that use endangers safety or peace of other guests or neighbours or the provider’s reputation, without this being attributable to the provider’s sphere of control.

(8) The provider must inform the guest without delay of withdrawal or termination. In case (7)(a), advance rent or prepayments must be refunded without delay. On justified withdrawal or termination by the provider, the guest has no damage claim. The guest must compensate the provider for damage attributable to the guest from withdrawal or termination under (7).

§ 6 Liability; limitation

(1) The provider is liable for its contractual obligations. Liability is limited to intent and gross negligence where statutory law does not impose strict unlimited liability. The provider will endeavour to remedy disruptions or defects after becoming aware or after prompt complaint by the guest. The guest must contribute reasonably to remedying defects and mitigating damage.

(2) The provider is not liable for items brought in by the guest; they are not deemed “brought-in things” under §§ 701 ff. BGB. Liability under those provisions is expressly excluded, including for valuables kept or left in the flat.

(3) The guest is liable for all damage caused wilfully or negligently by the guest, fellow travellers or visitors to the building, flat or inventory. Private liability insurance is recommended. Damage must be reported to the provider without delay, especially damage that may affect other flats (e.g. water, fire).

(4) Guest claims expire in six months unless the provider is liable for intent. Provider claims expire under the statutory periods.

§ 7 Arrival and departure, keys; late vacation

(1) The flat is normally available from 16:00 on the arrival day. Arrival must be by 22:00 unless a later time is expressly agreed. Earlier arrival than 16:00 requires prior express agreement.

(2) On arrival the guest must show a valid ID card or passport.

(3) A security deposit is not routinely required. In justified individual cases—especially if prior stays or objective facts give serious concern about proper use—the provider may require a deposit of up to EUR 500 before or on arrival. If not agreed, no deposit applies. Amount, due date and form of deposit will be communicated in good time before arrival (at least in the booking confirmation or by email). The deposit is returned after proper vacation of the flat, full return of keys and absence of damage attributable to the guest; statutory set-off remains. For damage beyond that, the guest pays the amount required for compensation as agreed and notified (e.g. cash under § 249(2) BGB), unless otherwise agreed.

(4) On the departure day the guest must vacate the flat by 11:00 at the latest. If vacation is late, the provider may charge: (a) EUR 50 (net) if vacated after 11:00 but before 13:00; (b) 100% of the agreed nightly rate per night if vacated after 13:00. The provider may also claim further damage from late vacation.

(5) Vacation under (4) is complete only when all keys have been handed to the provider or representative. If expressly agreed, the guest may leave all keys on the table in the flat and pull the apartment door shut. The guest must verify that the door is properly closed. “Pull shut” means closing the door (pulling it shut) without additionally locking with a key, if so agreed.

(6) If one or more keys are lost, the guest must pay damages, including key replacement and, if necessary, replacement of cylinders/locks and related costs.

§ 8. Data protection

Personal data provided by the guest are not passed to third parties unless necessary for contract processing.

§ 9. Final provisions

(1) Changes or supplements to the contract, acceptance or these terms should be in writing. Unilateral changes or supplements by the guest are void.

(2) Place of performance and payment is Bad Camberg, Germany. For tenancy matters the place of jurisdiction is Limburg an der Lahn; general jurisdiction is Wiesbaden.

(3) The law of the Federal Republic of Germany applies exclusively to the contract.

(4) These terms are intended for the guest’s personal use only; commercial use by third parties is expressly objected to.

(5) Should any provision be or become invalid, the remaining provisions remain valid. The invalid provision shall be replaced by a provision closest in purpose; otherwise statutory law applies.