General terms and conditions of business

General Terms and Conditions (GTC 2020)

Terms and conditions for the rental of holiday apartments and guest rooms

§ 1 Validity of the General Terms and Conditions

(1) These General Terms and Conditions apply to contracts for the rental of holiday apartments for accommodation, as well as all other services and deliveries provided by the provider for the guest. The provider's services are provided exclusively on the basis of these General Terms and Conditions. (2) The subletting or further rental of the provided holiday apartment, as well as its use for purposes other than residential purposes, requires the prior written consent of the provider. Bachelor parties, excessive parties with noise pollution, commercial prostitution, and violations of common decency are prohibited and will result in us exercising our right to refuse entry. (3) The guest's terms and conditions only apply if they have been agreed upon in advance. Deviations from these conditions are only effective if the provider has expressly confirmed them in writing.

§ 2 Booking/Booking Confirmation

Please submit your booking requests via the booking request form, send them in writing to ferienwohnungrhede@web.de, or call us. If we can provide you with the desired apartment for the desired period, you will receive a written confirmation of the booked apartment and an invoice. The reservation for the apartment is legally binding upon receipt of the booking confirmation or upon receipt of the deposit (see Section 3).

§ 3 Terms of payment

The deposit of 30% of the total amount must be transferred to our account within 5 days of booking confirmation/invoice receipt. The remaining payment must also be transferred to our account no later than 2 weeks before arrival. For short-term bookings, the total price must be transferred immediately upon receipt of the invoice/booking confirmation. In exceptional cases with prior arrangement, payment can be made in cash upon arrival. The minimum rental period is 2 nights. Overnight stays for 1 night are possible on request depending on the season. We ask for your understanding that we will charge a corresponding surcharge in this case. In the event of late payment, we are entitled to charge the applicable statutory default interest, currently 5% above the base interest rate. For each reminder sent after the occurrence of default, the customer must reimburse us for reminder fees of €15.00. All other costs incurred in connection with collection are the responsibility of the customer. Payment costs, in particular for transfers from abroad, are borne by the customer. All bank transfer fees are to be borne entirely by the tenant, meaning the full invoice amount must be credited to our bank account free of charge. We only accept payments via bank transfer or, by arrangement, cash payments; no debit or credit cards or checks are accepted.

§ 4 Arrival and departure

The apartment is available from 3:00 p.m. on the day of arrival or by arrangement. Please inform us of your expected arrival time at least 1-2 days prior to arrival. Keys will not be handed over as contactless access is available; the key is in the apartment door. If you arrive after 8:00 p.m., no assistance with check-in can be provided. On the day of departure, the apartment must be vacated by 10:00 a.m. or by arrangement (exceptions: see "Late Check-Out"). All used dishes must be returned clean to the cupboards, the trash cans must be emptied, and the refrigerator must be emptied.

Early Check-In: Early check-in from 10:00 a.m. is only possible if no previous guests are departing on the same day. Early check-in must be arranged and costs half a day. Subject to availability, check-in is possible from 2:00 p.m. when the apartment is ready.

Late Check-Out: A late check-out must be agreed upon at the time of booking. If there is no immediate follow-up booking, a late check-out can be arranged during the stay. For a late check-out between 10:30 a.m. and 3:00 p.m., half the daily rate will be charged. For a late check-out after 3:00 p.m., a charge equivalent to one night's stay will be charged. The landlord reserves the right to invoice a late departure accordingly or deduct it from the deposit.

§ 5 Holiday apartments/guest rooms

The holiday apartment will be handed over by the landlord in a tidy and clean condition with a complete inventory. Should any defects exist or arise during the rental period, the landlord must be notified immediately. The tenant is liable for any damage caused to the rental property or its inventory, e.g., broken dishes, damage to the floor, or furniture. This also includes the costs for lost keys. The inventory must be treated with care and attention and is intended only for use in the holiday apartment. Moving furnishings, especially beds, is prohibited. The tenant is also liable for the negligence of fellow travelers. Damage caused by force majeure is excluded from this. In the event of use of the holiday apartment in breach of contract, such as subletting, overcrowding, disturbance of the peace, etc., as well as in the event of non-payment of the full rental price, the contract can be terminated without notice. Any rent already paid remains with the landlord. If liability insurance is in place, the damage must be reported to the insurance company. The landlord must be provided with the name and address, as well as the insurance number of the insurance company.

§ 6 Pets

Pets of any kind are not permitted in the holiday apartments. If pets are brought along, the apartment will not be rented. Cancellation fees will apply, as in the case of a no-show.

Exceptions apply to holiday apartments No. 1, No. 2 and No. 3, where two small pets are allowed after registration and agreement.

§ 7 Stay

The holiday apartment may only be used by the persons listed in the booking. If the apartment is used by more people than agreed upon, a separate fee must be paid for these persons, which is determined by the rental price. In this case, the landlord also reserves the right to terminate the rental agreement without notice. Subletting and transferring the apartment to third parties is not permitted. The rental agreement may not be transferred to third parties. By paying the fee, the tenant agrees to the general terms and conditions and the house rules of the Rhede holiday apartment. In the event of violations of the general terms and conditions or the house rules, the landlord reserves the right to terminate the rental agreement immediately and without notice. There is no legal right to reimbursement of the rent or compensation.

§ 8 Cancellation of travel

If the rental agreement is canceled, the tenant is obligated to pay a portion of the agreed price as compensation. Cancellations must be made in writing. The amount of compensation depends on the time until the arrival date and is calculated as follows: up to 1 month before the arrival date: 30% of the agreed rental price; up to 2 weeks before the arrival date: 50% of the agreed rental price; up to 1 week before the arrival date: 80% of the agreed rental price; from 6 days before the arrival date, or in the event of a no-show, 90% of the agreed rental price. Travel cancellation insurance is recommended.

§ 8.1 Early departure

In the event of an early departure, the full rental price for the originally booked period remains due, unless otherwise agreed. However, if we are able to rent the apartment to someone else for the remaining period, we will refund the corresponding amount pro rata.

§ 9 Withdrawal by the landlord

In the event of cancellation on our part due to force majeure or other unforeseeable circumstances (such as an accident or illness of the host or other circumstances beyond our control that make fulfillment impossible), liability is limited to the reimbursement of costs. In the event of justified cancellation, the customer has no claim to compensation – liability for travel and hotel costs is not assumed. Cancellation by the landlord can occur without notice after the start of the rental period if the tenant persistently disturbs other tenants despite a warning or behaves in such a way that breaches the contract that immediate termination of the rental agreement is justified.

§ 10 Liability of the landlord

The landlord is liable for the proper provision of the rental property within the scope of the duty of care of a prudent businessman. Liability for any failures or disruptions in the water or electricity supply, as well as events and consequences caused by force majeure, is hereby excluded. The landlord is liable for items brought in by the guest in accordance with the statutory provisions (Section 701 of the German Civil Code).

§ 11 Use of Internet access via WLAN

§ 11.1 Permission to use Internet access via WLAN

The landlord maintains Wi-Fi internet access in his holiday property. He grants the tenant shared use of the Wi-Fi internet access for the duration of his stay in the holiday property. The tenant is not entitled to permit third parties to use the Wi-Fi. The landlord does not guarantee the actual availability, suitability, or reliability of the internet access for any purpose. The landlord is entitled at any time to permit additional co-users to operate the Wi-Fi, in whole, in part, or temporarily, and to restrict or exclude the tenant's access, in whole, in part, or temporarily, if the connection is being or has been misused, to the extent that the landlord has reason to fear legal action and cannot prevent this with usual and reasonable effort within a reasonable time. The landlord reserves the right, in particular, to block access to certain websites or services via the Wi-Fi at any time and at his own discretion (e.g., websites glorifying violence, pornographic sites, or sites requiring payment).

§ 11.2 Access data

Access is secured. Access data (login and password) may not be shared with third parties under any circumstances. If the tenant wishes to grant third parties access to the internet via Wi-Fi, this is subject to the prior written consent of the landlord and the third party's acceptance of the terms of this user agreement, documented by a signature and full identification. The tenant undertakes to keep their access data confidential. The landlord reserves the right to change access codes at any time.

§ 11.3 Dangers of WLAN use, limitation of liability

The tenant is advised that the Wi-Fi only provides access to the Internet; virus protection and a firewall are not available. Data traffic generated via the Wi-Fi is unencrypted. Therefore, data may be viewed by third parties. The landlord expressly points out that there is a risk that malware (e.g., viruses, Trojans, worms, etc.) may be transmitted to the device when using the Wi-Fi. Use of the Wi-Fi is at the tenant's own risk. The landlord assumes no liability for damage to the tenant's digital media resulting from the use of the Internet access, unless the damage was caused intentionally or through gross negligence by the landlord and/or his vicarious agents.

§ 11.4 Responsibility and indemnity from claims

The tenant is solely responsible for the data transmitted via Wi-Fi and for any fee-based services used for unconcluded legal transactions. If the tenant visits fee-based websites or enters into liabilities, the resulting costs are to be borne by the tenant. The tenant is obligated to comply with applicable law when using the Wi-Fi. In particular, the tenant will not: use the Wi-Fi to access or distribute immoral or illegal content; illegally reproduce, distribute, or make available any copyrighted material; this applies particularly in connection with the use of file-sharing programs; observe applicable youth protection regulations; send or distribute any harassing, defamatory, or threatening content; and use the Wi-Fi to send mass messages (spam) and/or other forms of unauthorized advertising. The tenant indemnifies the landlord of the holiday property against all damages and claims by third parties arising from the tenant's unlawful use of the Wi-Fi and/or a violation of this agreement. This also extends to costs and expenses associated with the claim or its defense. If the tenant recognizes or should recognize that such a violation of law and/or violation exists or is imminent, the tenant will notify the landlord of this fact.

§ 12 Prohibitions

Smoking, parties, and excessive noise are not permitted, even on balconies or in common areas (e.g., hallways). Violations of the smoking ban will result in a €250 fine plus the cost of special cleaning and damage repair. Commercial photography/videography without written permission is strictly prohibited.

Illegal commercial activity can disturb the peace of the household. Misuse of a dwelling for commercial purposes can disturb the peace of the household and constitutes a serious breach of duty. All prohibitions listed in Section 12 will result in immediate termination of the tenancy. There is no right to reimbursement of the rent in these cases.

§ 13 Written form

There are no agreements other than those listed in this contract. No verbal agreements have been made. The general terms and conditions are accepted upon transfer of the deposit.

§ 14 Limitation Period

Claims by the guest against the landlord generally expire after one year from the start of the statutory limitation period (Section 199 (1) of the German Civil Code). This does not affect claims by the guest arising from injury to life, body or health, as well as other claims based on an intentional or grossly negligent breach of duty by the landlord, a legal representative or vicarious agent.

§ 15 Choice of law and place of jurisdiction

German law applies. The place of jurisdiction for any claims brought by the guest against the landlord is exclusively the landlord's registered office. For claims brought by the landlord against merchants, legal entities under public or private law that do not have a general place of jurisdiction in Germany, or that have relocated their residence or habitual abode abroad after the conclusion of the contract, or whose residence or habitual abode is unknown at the time the claim is filed, the landlord's registered office is agreed as the exclusive place of jurisdiction.

§ 16 Severability Clause

Photos and text on the website or in the flyer serve as a realistic description. 100 percent correspondence with the rental property cannot be guaranteed. The landlord reserves the right to make changes to the furnishings (e.g., furniture) provided they are of equivalent quality.

Should one or more provisions of these Terms and Conditions become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid one that most closely approximates the economic purpose pursued by the invalid provision.