General Terms and Conditions
The following terms and conditions shall, insofar as effectively agreed on, become the content of the guest accommodation contract concluded between the guest(s) and the host in the case of a booking.
§ 1 Conclusion of the accommodation contract
With the booking, the guest(s) offer(s) the host the binding conclusion of the guest accommodation contract. The guest's booking can be made in writing or electronically (e-mail, internet). The guest(s) shall receive confirmation of receipt of the booking in writing or electronically. The guest accommodation contract is concluded upon receipt of the host's declaration of acceptance (booking confirmation) or if the accommodation is made available to the guest(s) at short notice. In the latter case, the declaration of acceptance shall not be in any particular form.
§ 2 Deposit and payment
A deposit of 20 % of the total price has to be paid by the guest(s) at the conclusion of the contract. The remaining amount (total price minus deposit) has to be received by the host no later than 14 days before the start of the rental. If booking takes place less than 14 days before the start of the rental, the total amount is due immediately.
§ 3 Rental object, rental period – Arrival and departure
The holiday rental is located on the ground floor (Gartenstrasse 15, D-74249 Jagsthausen). During the stay, the guest(s) may use the patio including BBQ as well as the area around it. The garden area with pavilion and beach chair is reserved for the host.
The host shall make the holiday flat available to the guest(s) from 4.00 p.m. on the day of arrival in a condition in accordance with the contract. The guest has to check in before 9 p. m. An earlier or later arrival is only possible if the guest has informed the host and the host has expressly agreed on this exception.
The guest(s) shall leave the holiday flat on the day of departure by 10.00 a.m. at the latest and shall hand over all keys provided to them. A later departure is only possible in exceptional cases and must be agreed on at the latest upon arrival of the guest.
§ 4 Duties
The premises, furnishings and inventory are to be treated with care. The furniture from the apartment is not to be taken outside. During the rental period, the guest(s) shall immediately report any defects and damage. The guest(s) undertake(s) not to throw or pour any waste, ashes, harmful liquids and the like into sinks, washbasins and toilets. The guest(s) clean(s) the dishes or put them into the dishwasher before he / she leaves. If the BBQ was used, it has to be cleaned by the guest. Visits are permitted within the usual limits, but the maximum number of occupants may not be exceeded. This means that a maximum of six people are allowed to stay in the holiday flat / the associated outdoor area. As the holiday rental is located in a residential area, we cannot allow larger gatherings. For the same reason we would like to point out that the night's rest from 10 p m to 06:00 am must be strictly observed. The use of the barbecue is only allowed until 10 pm. The host must be notified of overnight stays or longer stays by persons who were not specified at the time of booking. These additional overnight stays are possible - if the maximum number of occupants is not reached - but are subject to a charge.
§ 5 Withdrawal by the guest(s)
In the event of withdrawal from the guest accommodation contract, the guest(s) shall pay compensation for the expenses already incurred by the host and the lost profit in the following amount: Cancellation up to the 61st day before the start of the rental period: 0%. Cancellation between the 60th and 36th day before the start of the rental period: 20%. Cancellation between the 35th day and the 8th day before the start of the rental period: 50%. From the 7th day before the start of the rental period and in case of non-appearance: 90 %. The host shall rent out an unused accommodation to another party in good faith. In this case, the costs incurred due to the withdrawal from the contract shall be reduced, because the host must allow the resulting savings to be offset against the cancellation fees asserted by them.
§ 6 Right of termination
There is no right of ordinary termination. According to § 543 BGB* or under the conditions of § 569 BGB*, both contracting parties are entitled to terminate the guest accommodation contract without notice and extraordinarily for an important reason. For the host, an important reason exists in particular in the event of a use of the rented property by the guest contrary to contract (significant breach of contract) as well as in the event of a significant disregard of the house rules by the guest(s). For the guest(s), an important reason is particularly that the host does not grant the guest(s) the contractual use of the holiday flat. In all other respects, the statutory regulations on the right of extraordinary termination without notice shall apply.
§ 7 Liability
The host is liable to the guest(s) for ensuring that the description of the rented property is correct. Furthermore, the host must duly provide the contractually agreed services and maintain the rented property in a condition in accordance with the contract for the entire rental period. The host shall be liable for items brought in by the guest(s) in accordance with the statutory provisions (§§ 701 et seqq. BGB*).
§ 8 Responsibility and exemption from claims for WLAN or Wi-Fi use
The guest(s) is / are responsible for the data transmitted via WLAN, the chargeable services used via WLAN and the legal transactions carried out. If the guest(s) visit(s) chargeable websites or enter(s) into liabilities, the resulting costs are to be borne by them. The guest(s) is / aare obliged to comply with the applicable law when using WLAN. In particular, the guest(s) shall not use WLAN to retrieve or disseminate immoral or illegal content; shall not unlawfully reproduce, disseminate or make accessible any copyrighted goods and shall comply with the applicable youth protection regulations. It is expressly prohibited to visit file-sharing websites, in particular to start music and/or film downloads via the WLAN access. The guest(s) indemnifie(s) the host against all damages and claims of third parties which are based on an illegal use of the WLAN by the guest(s) against this agreement. If the guest(s) recognise(s) or must recognise that such an infringement of rights and/or such a violation exists or is imminent, they shall inform the host of this circumstance.
§ 9 Keeping of animals and smoking
Animals are not allowed in the apartment. The flat is a non-smoking flat. Smoking is allowed on the outdoor areas of the property.
§ 10 Limitation period
With regard to the limitation of mutual claims of the guest(s) and the host, the relevant standards of the BGB* apply.
§ 11 Choice of law and place of jurisdiction
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law only applies to the extent that it does not deprive them of mandatory applicable consumer protection provisions of the state in which the consumer has his habitual residence. The place of jurisdiction shall be at the registered office of the host if the contracting parties are merchants, legal entities under public law or special funds under public law or at least one of the contracting parties does not have a general place of jurisdiction in Germany or in the event that the party to be sued relocates its place of residence or habitual abode outside the scope of this law after conclusion of the contract or its place of residence or habitual abode is unknown at the time the action is brought.
§ 12 Miscellaneous
Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.
§ 13 Online dispute resolution
The EU Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/consumers/odr/main/?event=main.home2.show. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
*BGB: German Civil Code