1.1 These Terms and Conditions apply to contracts for the rental of vacation apartments for accommodation as well as all further services and deliveries of the vacation apartment provided to the customer in this context (hotel accommodation contract). The term “hotel accommodation contract” includes and replaces the following terms: Accommodation Contract, Guest Accommodation Contract, Holiday Apartment Contract, Hotel Accommodation Contract.
1.2 The subletting or reletting of the rooms provided as well as their use for purposes other than accommodation shall require the prior consent of Ferienwohnung in text form, whereby Section 540 (1) sentence 2 BGB is waived insofar as the customer is not a consumer.
1.3 General terms and conditions of the customer shall only apply if this has been expressly agreed in advance.
2. CONCLUSION OF THE CONTRACT, CONTRACTING PARTIES, LIMITATION PERIOD
2.1 Contractual partners are the vacation apartment and the customer. The contract is concluded by the acceptance of the customer’s application by the vacation apartment. The vacation apartment is free to confirm the room booking in text form.
2.2 All claims against the vacation apartment are generally subject to a limitation period of one year from the start of the statutory limitation period. Claims for damages are subject to a limitation period of five years, unless they are based on injury to life, body, health or freedom. These claims for damages shall become statute-barred after ten years, irrespective of knowledge. The shortening of the statute of limitations does not apply to claims that are based on an intentional or grossly negligent breach of duty by the vacation home.
3. SERVICES, PRICES, PAYMENT, OFFSETTING
3.1 After confirmation of the firm booking, the vacation apartment is obliged to keep the vacation apartment booked by the customer ready and to provide the agreed services.
3.2 The customer is obliged to pay the agreed or applicable prices of the vacation apartment for the provision of the room and the other services used by him. This also applies to services ordered by the customer directly or through the vacation apartment, which are provided by third parties and paid for by the vacation apartment.
3.3 The agreed prices include the taxes and local charges applicable at the time of the conclusion of the contract. Not included are local taxes, which are owed by the guest according to the respective local law, such as visitor’s tax.
In the event of a change in the statutory value added tax or the introduction, amendment or abolition of local taxes on the subject of performance after conclusion of the contract, the prices shall be adjusted accordingly.
adjusted. In the case of contracts with consumers, this shall only apply if the period between the conclusion and fulfillment of the contract exceeds four months.
3.4 The vacation home may make its consent to a subsequent reduction in the number of booked rooms, the service of the vacation home or the duration of the customer’s stay requested by the customer dependent on the fact that the price for the rooms and/or for the other services of the vacation home increases.
3.5 Invoices of the vacation apartment without due date are payable within seven days from receipt of the invoice without deduction. The vacation apartment may demand immediate payment of due receivables from the customer at any time. In case of default of payment, the vacation apartment is entitled to charge the respectively applicable statutory default interest in the amount of currently 8% or, in case of legal transactions involving a consumer, in the amount of 5% above the base interest rate. The vacation apartment reserves the right to prove higher damages.
3.6 The vacation apartment is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in text form in the contract.
3.7 In justified cases, for example payment arrears of the customer or extension of the scope of the contract, the vacation apartment is entitled, even after conclusion of the contract until the beginning of the stay, to demand an advance payment or security deposit within the meaning of the above paragraph 3.6 or an increase of the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
3.8 The vacation home is also entitled to demand an appropriate advance payment or security deposit from the customer at the beginning and during the stay in the sense of the aforementioned clause 3.6 for existing and future claims arising from the contract, insofar as such a payment has not already been made in accordance with the aforementioned clause 3.6 and/or clause 3.7.
3.9 The customer may only offset or set off an undisputed or legally binding claim against a claim of the vacation apartment.
4. WITHDRAWAL OF THE CUSTOMER
4.1 A withdrawal of the customer from the contract concluded with the vacation apartment is only possible if a right of withdrawal has been expressly agreed in the contract, another legal right of withdrawal exists or if the vacation apartment expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as the possible consent to a cancellation of the contract shall be made in text form in each case.
4.2 If a date for the cost-free withdrawal from the contract has been agreed between the vacation apartment and the customer, the customer can withdraw from the contract until then without triggering payment or damage claims of the vacation apartment. The customer’s right of withdrawal expires if he does not exercise his right of withdrawal towards the vacation apartment by the agreed date.
4.3 If a right of withdrawal has not been agreed upon or has already expired, if there is also no legal right of withdrawal or termination and if the vacation apartment does not agree to a cancellation of the contract, the vacation apartment shall retain the claim to the agreed remuneration despite the non-utilization of the service. The vacation apartment has to take into account the income from other renting of the rooms as well as the saved expenses.
5. CANCELLATION OF THE VACATION HOME
5.1 If it has been agreed that the customer can withdraw from the contract free of charge within a certain period of time, the vacation apartment is entitled for its part to withdraw from the contract within this period of time if there are inquiries from other customers for the contractually booked rooms and the customer does not waive his right to withdraw upon inquiry by the vacation apartment with a reasonable deadline.
5.2 If an advance payment or security deposit agreed upon or demanded in accordance with section 3.6 and/or section 3.7 is not made even after a reasonable grace period set by the Ferienwohnung has expired, the Ferienwohnung is also entitled to withdraw from the contract.
5.3 Furthermore, the vacation apartment is entitled to withdraw from the contract extraordinarily for factually justified reasons, in particular in case of
– Force majeure or other circumstances beyond the control of the vacation apartment make the fulfillment of the contract impossible;
– rooms or rooms are culpably booked under misleading or false information or concealment of essential facts; essential can be the identity of the customer, the solvency or the purpose of stay;
– the vacation home has reasonable grounds to believe that the use of the service may jeopardize the smooth operation of the business, the security or the reputation of the vacation home in public, without this being attributable to the control or organizational sphere of the vacation home;
– the purpose or the reason for the stay is unlawful;
– there is a violation of section 1.2 above.
5.4 The justified withdrawal of the vacation apartment does not justify any claim of the customer for damages.
6. ROOM PROVISION, HANDOVER AND RETURN
6.1 The customer does not acquire any claim to the provision of specific rooms, unless this has been expressly agreed.
6.2 Booked rooms shall be available to the customer from 5:00 p.m. on the agreed day of arrival. The customer has no right to earlier provision, unless it was specifically agreed.
6.3 On the agreed departure day, the rooms of the apartment are to be made available vacated no later than 11:00 am. After that, the apartment-holiday apartment can charge for the additional hours due to the late vacating of the room, according to the list price.
7. LIABILITY OF THE VACATION HOME
7.1 The vacation home is liable for damages for which it is responsible arising from injury to life, body or health. Furthermore, it is liable for other damages that are based on an intentional or grossly negligent breach of duty of the vacation apartment or on an intentional or negligent breach of typical contractual obligations of the vacation apartment. A breach of duty of the vacation apartment is
of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise provided for in this clause 7. Should disturbances or deficiencies occur in the services of the vacation apartment, the vacation apartment will endeavor to remedy the situation upon knowledge or upon immediate complaint by the customer. The customer is obligated to contribute what is reasonable to him to remedy the disturbance and to keep any possible damage to a minimum.
7.2 The vacation apartment shall be liable to the customer for items brought in in accordance with the statutory provisions.
7.3 Insofar as a parking space is made available to the customer in the vacation apartment garage or in the vacation apartment parking lot, even for a fee, this shall not constitute a safekeeping contract. In the event of loss of or damage to motor vehicles parked or maneuvered on the vacation home property and their contents, the vacation home shall only be liable in accordance with the above section 7.1, sentences 1 to 4.
8. FINAL PROVISIONS
8.1 Amendments and supplements to the contract, the acceptance of the application or these General Terms and Conditions shall be made in text form. Unilateral amendments or supplements by the customer shall be invalid.
8.2 The place of performance and payment as well as the exclusive place of jurisdiction – also for disputes concerning checks and bills of exchange – in commercial transactions shall be Nordhausen. If a contractual partner fulfills the requirements of § 38 paragraph 2 of the German Code of Civil Procedure (ZPO) and does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be Nordhausen.
8.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
8.4 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.