General Terms and Conditions for the Rental of Holiday Accommodation
Vacation accommodation / Landlord Villa Pauline, Lindenallee 1, 37242 Bad Sooden-Allendorf Apartment "Champagne", Apartment "Bordeaux", Apartment "Alsace" and Apartment "Provence"
Owner Meret Rhenius, Oberste Straße 11, 37242 Bad Sooden-Allendorf
The following general terms and conditions apply to the use of the above-mentioned vacation accommodation:
1) Scope of application
The general terms and conditions apply to the rental of the vacation accommodation for lodging as well as all other services provided by the landlord for the guest.
2) Booking and conclusion of contract
The rental agreement for the vacation apartment described in the rental agreement is bindingly concluded when the rental agreement has been signed by the tenant and received by the landlord. In addition, a binding rental agreement is concluded when a booking confirmation is sent to the guest following the online booking. With the booking, the present general terms and conditions and the house rules, which were made available to the guest in advance, are also accepted. The vacation apartment is rented to the tenant for the specified contract period exclusively for use for vacation purposes and may only be occupied by the maximum number of persons specified in the rental agreement.
3) Obligations of the tenant
The tenant undertakes to treat the rented property, including the inventory, with all due care. The tenant shall be liable to pay compensation for culpable damage to furnishings, rented rooms or the building as well as the facilities belonging to the rented rooms or the building if and insofar as such damage has been culpably caused by him or his accompanying persons or visitors.
The tenant must immediately notify the landlord or the contact person named in the rental agreement of any damage occurring in the rented premises, unless he is obliged to remedy the damage himself. The tenant is liable to pay compensation for any consequential damage caused by failure to notify the landlord in good time.
Waste, ashes, harmful liquids and the like must not be thrown or poured into sinks, washbasins, showers, bathtubs and toilets. If blockages occur in sewage pipes due to non-compliance with these regulations, the person responsible shall bear the costs of rectification or repair. In the event of any faults occurring in the systems and facilities of the rented property, the tenant is obliged to do everything reasonable to help rectify the fault or to minimize any damage that may arise.
The tenant undertakes to comply with the maximum occupancy. If the tenant exceeds the maximum occupancy agreed in the rental agreement, the landlord is entitled to extraordinary termination without notice. In this case, the tenant must reimburse the expenses incurred and the loss of profit (see Section 5b).
During the stay, the house rules sent to the guest for their information shall apply. In the event of breaches of the GTC or the house rules, the landlord is entitled to terminate the tenancy immediately and without notice. There is no legal entitlement to a pro rata refund or compensation.
4) Rental price and ancillary costs
The agreed rental price includes all ancillary costs (e.g. for electricity, heating, water) calculated on a flat-rate basis.
If a down payment of 10% of the total price has been agreed, this is due upon conclusion of the contract. If the down payment is not received by the landlord on time despite a reminder, the landlord is entitled to withdraw from the contract without setting a deadline. The tenant is then obliged to compensate for the expenses incurred and the loss of profit. The final payment must be made no later than 14 days before the start of the rental period.
5) Withdrawal
The tenant may withdraw from the rental agreement before the start of the rental period by notifying the landlord in writing. The date of receipt of the declaration of withdrawal by the Lessor shall be decisive.
If the Lessee withdraws from the rental contract, he must pay a flat-rate compensation for the expenses incurred by the Lessor and the loss of profit in the following amount:
Withdrawal up to the 15th day before the start of the rental period: 20%.
Cancellation up to the 8th day before the start of the rental period: 50%.
Thereafter and in the event of no-show: 90 %
The Hirer reserves the right to prove that the Rental Firm has incurred no or significantly less damage. In the event of withdrawal from the contract, the tenant may nominate a replacement tenant who is prepared to take his place in the existing contractual relationship.
The landlord may object to the entry of the third party if the latter appears to be economically or personally unreliable. If a third party enters into the rental agreement, he and the previous tenant shall be liable to the landlord as joint and several debtors for the rental price and the additional costs incurred by the entry of the third party.
The landlord must in good faith rent out the accommodation not used to another party and must offset the savings made by doing so against the cancellation fees claimed by him. The Tenant is recommended to take out travel cancellation insurance.
6) Liability of the landlord
The landlord is liable for the accuracy of the description of the rental property and is obliged to provide the contractually agreed services properly and to maintain them throughout the rental period. The landlord is not liable for defects of which the tenant was aware when the rental agreement was concluded.
If there are defects in the rented property, the tenant must inform the landlord or the named contact person of these defects immediately. If the Tenant fails to do so, he shall not be entitled to any claims for non-fulfillment of the contractual services (in particular no claims for rent reduction).
The Lessor's liability for damage to property is excluded unless it is based on an intentional or grossly negligent breach of duty by the Lessor or its vicarious agent or on a negligent breach of essential contractual obligations (so-called cardinal obligations) by the Lessor.
The landlord is not liable in cases of force majeure (e.g. fire, flooding, etc.).
7) Right of termination
There is no right to ordinary termination. Both contracting parties may terminate the contractual relationship without notice and extraordinarily for good cause in accordance with § 543 BGB or under the conditions of § 569 BGB. Good cause exists for the landlord in particular if the tenant uses the vacation apartment in breach of contract (material breach of contract) or disregards the house rules.
In the event of a significant breach of contract, the landlord must set the tenant a short deadline to remedy the situation or issue a warning, unless this is not promising or there are exceptional reasons that justify a waiver. In this case, the landlord may demand compensation from the tenant for the expenses incurred up to the termination and the loss of profit (cf. Section 5).
The landlord also has a right of withdrawal or a right to extraordinary termination if the tenant does not make the agreed payments (down payment, final payment, deposit) on time despite a prior reminder. In this case, the landlord can demand compensation from the tenant for the expenses incurred up to the termination and for the loss of profit (see Section 5).
An important reason exists for the tenant in particular if the landlord does not grant the tenant the contractual use of the vacation apartment. Otherwise, the statutory provisions on the right to extraordinary termination without notice shall apply.
8) Cancellation of the contract due to exceptional circumstances
The rental contract may be terminated by either party if the fulfillment of the contract is significantly impeded, jeopardized or impaired as a result of force majeure unforeseeable at the time of conclusion of the contract. Both contracting parties shall be released from their contractual obligations in the event of force majeure. However, they must reimburse the other party for services already rendered.
9) Amendment of the contract / ancillary agreements
Collateral agreements, amendments and additions to the contract as well as all legally relevant declarations must be made in writing.
10) Severability clause
Should individual provisions of these General Terms and Conditions of Business be invalid or unenforceable or become invalid or unenforceable after they become known, this shall not affect the validity of the remainder of the General Terms and Conditions of Business. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come as close as possible to the economic objectives pursued by the parties with the invalid or unenforceable provision.
11) Choice of law and place of jurisdiction
German law shall apply.
The local court in whose district the defendant has its general place of jurisdiction shall have jurisdiction for all disputes arising from this contractual relationship. For legal actions brought by the lessor against merchants, legal entities under public or private law or persons who do not have a general place of jurisdiction in Germany or who have moved their domicile or usual place of residence abroad after conclusion of the contract or whose domicile or usual place of residence is not known at the time the action is brought, the lessor's domicile is agreed as the exclusive place of jurisdiction.
Bad Sooden-Allendorf in June 2023
