Terms & Privacy
Terms and Conditions
1. Conclusion of the Lease Agreement
A binding booking of a holiday apartment (“apartment”), which can be made via internet, in writing or by telephone, results in a corresponding contract conclusion, if all required information is available to the landlord and the landlord confirms the booking to the tenant by e-mail. The exact details of the rented item and the rent to be paid, including any additional costs, can be found on the homepage of the landlord and the booking confirmation.
2. Payment of the Rent
a. Payment Deadlines
Payment of the rent and any incidental costs (gross rent) must be made no later than one week before the start of the lease. In the event of a short-term booking (2 weeks or less before the start of the lease), the gross rent must be paid immediately by bank transfer or cash on arrival. The access to the apartment is only granted after full payment.
The tenant pays a deposit of 200,00 EURO to the landlord for furniture and equipment. The deposit is to be paid together with the rent and is not interest-bearing. It will be refunded to the tenant no later than 14 days after termination of the lease.
3. Provision of the Accommodation on Arrival
On the day of arrival, the landlord shall provide the rented accommodation to the tenant from 3 pm onwards in accordance with the contract. If the arrival is after 6 pm, the tenant should inform the landlord. The tenant is not entitled to an earlier handover of the rented apartment unless an earlier arrival was expressly agreed in writing.
The tenant is asked to check the inventory in the rented apartment immediately after arrival, and to tell any missing items at the latest on the day following the arrival to:
Mrs. Anna Anderssohn,
Tel .: +49 163 2792348
On the day of arrival, the tenant (s) will be handed over one key for the entrance to the apartment (including the garbage room) for the holiday apartment upon presentation of the booking confirmation.
The loss of a key must be reported immediately. The costs for the necessary replacement of the locking system are to be borne by the tenant.
On the day of departure, the apartment is to be returned to the landlord or a person commissioned by him, in a proper and clean condition (final cleaning excluded), at the latest by 11.00 am, according to the stipulated agreements and the regulations of the house rules. Doors and windows must be closed, the dishes must be placed in the dishwasher and the bins/garbage cans must be emptied. All keys are to be left in the rented apartment according to the information given by the landlord. The landlord or his commissioner is entitled to a detailed inspection and possible acceptance. Possible defects and incompleteness shall be recorded in writing and confirmed by the tenant by way of signature.
The early departure of the tenant, which is to be indicated to the landlord, does not entitle the tenant to assert any claims against the landlord. The tenant is also obliged to pay the agreed rent in full to the landlord.
If the tenant does not vacate the apartment until 11.00 am, the landlord may charge 50% of the full rental price, from 4 pm onwards the full rental price, unless otherwise agreed in writing. Should the landlord suffer a further damage by a delayed vacation of the apartment on the day of departure, the tenant is obliged to compensate the landlord for this damage as well. The tenant is free to prove to the landlord that no loss or a lesser loss has occurred. Contractual claims of the tenant are not justified thereby.
6. Use of the Rented Apartment
The apartment is rented exclusively for the contractually agreed term of the lease for holiday and working purposes.
A subletting of the apartment is generally forbidden.
The apartment is only available for the contractually agreed persons according to booking. Subsequent modifications require written permission from the landlord. This applies particularly to overnight stays of other persons. In the event of a contravention, the landlord is entitled to dismiss the persons not listed in the booking of the apartment. The assertion of claims for damages by the landlord is unaffected.
The landlord reserves the right to charge an additional fee of EUR 25.00 per person and day for the accommodation of additional persons.
7. Pets, Smoking
Pets are only allowed with prior consent of the landlord. This also applies to pets of the visitors of the tenants. If the tenant is allowed to keep a pet, an additional fee of EUR 10.00 per day is payable. The tenant is liable for all damages caused by the pet.
Smoking is not allowed within the apartment. In the event of an infringement, a lump sum compensation of EUR 200.00 is to be paid to the landlord.
8. Maintenance of the Rented Property
The tenant has to treat the rented apartment and the inventory carefully and to protect it from any damage. The tenant must replace any damage at the apartment and / or incompleteness of the inventory during the rental period, unless he / she proves that he or the persons accompanying him are not responsible for the respective damage. The tenant must immediately notify the landlord of any findings on the incompleteness of the inventory or of any existing or entered defects in the rented apartment, otherwise the landlord is entitled to compensation claims based thereon.
It is not allowed to pour waste, ash, harmful liquids or the like into sinks and toilets. If a congestion occurs in the sewage pipes due to non-observance of these provisions, the tenant has to bear the costs of the repair.
In the case of possible disturbances on facilities of the rented property, the tenant is obliged to do everything which is reasonably feasible to terminate the disturbance or to keep possible damages to a minimum.
The tenant is obliged to notify the landlord or his contact person immediately about defects of the rented apartment. If the tenant fails to report this, he is not entitled to any claims for non-fulfilment of the lease agreement (especially no claims for rent reduction).
9. Obligations of the Tenant
The landlord is liable for the correctness of the description of the rented apartment and is obliged to provide the contractually agreed services properly during the entire rental period. The landlord is not liable for damages for initial defects according to Section 536a of the German Civil Code (§ 536a BGB). Liability of the landlord for damages resulting from tortious acts is excluded, as long as the claims are not based on an intentional or grossly negligent breach of duty by the landlord or his vicarious agents. The landlord is not liable for damages in cases of force majeure (eg fire, flooding, etc.).
If the apartment cannot be used as agreed by the tenant, despite all the diligence of the landlord, or by circumstances which are not responsible for the landlord (storms, fire, explosion, damage to the house, vandalism, etc.), the landlord reserves the right to offer the tenant a different, comparable rental property. If the landlord cannot offer a comparable rental property, the landlord will refund the tenant’s payment to the tenant. Any additional claims are excluded.
The landlord is not responsible for circumstances outside his area of responsibility, e.g. during construction works (including road works) in the neighbourhood.
10. Withdrawal from the Lease Agreement
The tenant can withdraw from the rental agreement by e-mail before the begin of the lease. The date of receipt of the declaration of withdrawal at the landlord is decisive. If the tenant withdraws from the lease, he must make a lump sum compensation for the expenses already incurred by the landlord and the lost profit in the following amount:
Withdrawal up to 8 days prior to arrival: 50,00 EUR
Withdrawal 7 days prior to the rental period until the beginning of the rental period: 100% of the rental price
The tenant is hereby expressly allowed to prove that a damage was not incurred at all or was significantly lower than the lump sum.
The tenant has the right to ask a substitute tenant to take over the apartment in full. A processing fee of 50,00 EUR can be charged for this. In this case, cancellation fees will not be charged.
11. Termination by the Landlord
The landlord can terminate the contractual relationship before or after the beginning of the rental period without observing a deadline if the tenant does not make the agreed payments (advance payment, final payment and deposit) despite the previous reminder by the landlord or otherwise behaves contrary to the contract in such an amount, that a continuation of the lease is not tolerable by the landlord. In this case, the landlord may require the tenant to compensate the damage caused by the termination of the lease in accordance with section 10.
12. Rules for the Use of the Apartment
The house rules, which are posted in the apartment, form an integral part of the general terms and conditions. For the use of the DSL Internet access via WLAN, the “WLAN usage rules” in the appendix must also be observed.
The tenants are asked for mutual consideration. Disturbing noises, especially loud jarring and such activities, which are likely to bother the roommates and neighbours by the noise generated, and to prevent domestic rest have to be avoided. Making music is prohibited between 10 pm and 8 pm. Radio, television and phono equipment shall be set to room volume during this period.
13. Complementary provisions
Supplementary agreements, amendments and additions to the contract as well as any legally binding declarations are subject to the text form. This also applies to the amendment of the preceding sentence.
German law applies to this agreement.
Usage agreement on the use of an Internet access via WLAN
1. Authorization to Use an Internet Access via WLAN
The landlord maintains in the rented apartment an Internet access via WLAN. It allows the tenant for the duration of his stay in the apartment a shared use of the WLAN access to the Internet. The tenant is not entitled to allow third parties to use the WLAN.
The landlord does not guarantee the actual availability, suitability or reliability of the Internet access for any purpose. At any time, he is entitled to allow additional co-users to use the WLAN in full, in part or in time, and to restrict or exclude the tenant’s access wholly, in part or in a timely manner if the connection is misused and the landlord has to fear a claim and cannot prevent this with normal and reasonable effort in an appropriate time. In particular, the landlord reserves the right, at his discretion, to block the access to certain pages or services via the WLAN (e.g., violence-promoting, pornographic or paid sites).
The use of the Internet will be carried out by means of access security. The access data (login and password) may under no circumstances be passed to third parties. If the tenant wishes to grant third parties access to the Internet via the WLAN, this is subject to the prior written consent of the landlord and the documented acceptance by the third party by full statement of its identity and signature of the provisions of this usage agreement. The tenant undertakes to keep his access data secret. The landlord has always the right to change access codes.
3. Dangers of WLAN Usage, Limitation of Liability
The tenant is informed that the WLAN only allows access to the Internet, virus protection and firewall are not available. The traffic generated using the WLAN is not encrypted. The data may therefore be viewed by third parties. The landlord explicitly points out that there might be a danger that malicious software (for example, viruses, trojans, worms, etc.) can reach the terminal when using the WLAN. The use of the WLAN is at the own risk of the tenant. The landlord assumes no liability for damages to the digital media of the tenant resulting from the use of the Internet access, unless the damage was caused intentionally or grossly negligently by the landlord and / or his vicarious agents.
4. Responsibility and Exemption of Claims
The tenant is responsible for the data transmitted via the WLAN, the paid services and legal transactions taken. If the tenant pays charges on the Internet or if he accepts any obligation, the costs resulting from this are borne by the tenant. He has to comply with the applicable law when using the WLAN. He shall in particular:
− use the WLAN neither for the retrieval nor for the dissemination of moral or illegal contents;
− not reproduce, distribute, or make accessible any copyrighted material; in particular in connection with the use of file sharing programs;
− observe the applicable rules on the protection of minors;
− not send or distribute any content that is harmful, defamatory or threatening
− not use the WLAN to send bulk messages (spam) and / or other forms of illegal advertising.
The tenant indemnifies the landlord of the holiday apartment from all damages and claims of third parties, which are based on the unlawful use of the WLAN by the tenant and / or on an infringement of the present agreement. This also extends to costs and expenses related to the beginning or defence of a legal action. If the tenant realises or must realise that such an infringement or contravention exists or threatens, he has to notify the landlord to this circumstance.