General Terms and Conditions (GTC) for the Guest Rental Agreemen
I. Scope of validity
1. These Terms and Conditions apply to all contracts concerning the rental of holiday apartments for accommodation purposes as well as all further services and provisions provided by the holiday farm for the guest in this context (Guest Rental Agreement).
2. Deviating terms, insofar as they are included in the GTC of the guest or the ordering party, do not apply, unless expressly accepted in writing by the holiday
farm.
II. Conclusion of contract
1. A contract is entered into when the holiday farm confirms the corresponding booking in response to an enquiry from a guest. The accommodation may not be occupied by more persons than are registered in the booking.
2. The contractual partners are the holiday farm and the guest. If a third party undertakes the booking on behalf of the guest, the third party is liable together with
the guest as joint and several debtor vis-à-vis the holiday farm for all obligations arising from the contract.
III. Performance, prices, payment
1. The holiday farm is obliged to hold ready the holiday apartments booked by the guest in accordance with these GTC and to provide the agreed services.
2. The guest is obliged to pay the applicable or agreed price set by the holiday farm for the use of the holiday apartment and further services used.
3. The agreed prices include the respective applicable VAT.
4. The holiday farm is entitled to request pre-payment, a down payment or similar from the guest upon concluding the contract.
5. You will not receive a separate confirmation of the down payment made. In the case of late payment or non-payment, we reserve the right to rent out the accommodation to other customers and to request the cancellation fee from the defaulting guest.
6. Ancillary costs such as electricity, gas and water are included in the rental price for the holiday apartment, unless otherwise specified.
IV. Cancellation by the guest
The guest can cancel the holiday any time before rental begins. The cancellation notice must, in the interests of the guest and for purposes of evidence, be in writing in every case. If the guest withdraws from the rental contract or fails to arrive at all, the holiday farm may request reasonable compensation for the provisions made and for expenses incurred.
Cancellation before start of rental up to:
− 2 months: no cancellation fee
− 2–1 months: 40% of the rental price
− 1 month–1 week: 70% of the rental price
− In the last week: 90% of the rental price
Decisive for the charging of the cancellation costs is the receipt by the office of the holiday farm. If the guest requests changes with regard to the dates or the
accommodation (rebooking) after the booking is made and up to 3 months before the start of rental, we will not charge a rebooking fee. Rebooking requests after this period (i.e. from the 3rd month
before start of rental) can only be accepted (insofar as they are still at all possible) after cancellation of the contract and simultaneous new registration and upon payment of a €55 processing fee.
This does not apply to rebooking requests that incur only insignificant costs.
V. Cancellation by the holiday farm
1. Cancellation by the guest of the contract concluded with the holiday farm requires the written consent of the holiday farm. If this is not granted, the price agreed in the contract is payable even if the guest does not partake of the contractual services. This does not apply in the case of a breach of obligation by the holiday farm to respect the rights, interests and legal interests of the customer, if it would be unreasonable to adhere to the contract or another statutory or contractual right to cancellation exists.
2. Insofar as a date for the free cancellation of the contract has been agreed in writing between the holiday farm and the guest, the guest may withdraw from the contract up to that date without incurring payment of compensation claims by the holiday farm. The right to cancellation by the guest expires when the guest does not exercise the right in written notice to the holiday farm by the agreed date.
3. In the case of holiday apartments not used by the guest, the holiday farm must take into account the income from renting the accommodation to another party as well as any overheads saved. If the accommodation is not rented out to another party, the holiday farm may charge the agreed amount and calculate the deduction for saved overheads in a proportional ratio. The guest is in any case obliged to pay at least 90% of the contractually agreed price for overnight stays. The guest is entitled to prove that the above-mentioned claim was not incurred or not to the extent demanded.
4. Insofar as it was agreed in writing that the guest can withdraw from the contract free of charge up to a certain date, the holiday farm is entitled for its part to withdraw from the contract up to the same date, if there are enquiries from other guests about the contractually booked accommodation and the guest does not waive his right to cancellation when asked to do so by the holiday farm. This applies correspondingly to the granting of an option, if other enquiries have been made and the guest is not prepared to make a firm booking within a set period upon request by the holiday farm. A firm booking means in this case that a guest rental contract exists from this day and the originally agreed, free-ofcharge cancellation period is annulled.
5. If an agreed or requested pre-payment or deposit in accordance with No. III (5) and/or (6) is not paid even after the elapse of a reasonable period set by the holiday farm, the holiday farm is also entitled to withdraw from the contract.
6. Further, the holiday farm is entitled to withdraw extraordinarily from the contract for objectively justified reasons, for example if − force majeure or other circumstances beyond the control of the holiday farm make fulfilling the contract impossible; − holiday apartments were booked under misleading or false statements of essential facts, e.g. the person of the guest or the purpose of his stay; − the holiday farm has justified reason to assume that claiming performance could endanger the smooth operation, the safety or the public appearance of the holiday farm, without this being attributable to the management or operation of the holiday farm; − a violation against No. I (2) above exists.
7. The guest has no claim to compensation in the case of justifiable cancellation of the contract by the holiday farm.
8. The holiday farm may disallow or demand the termination of interviews, sales and other events for which approval has not been granted.
VI. Arrival and departure
1. The guest does not acquire the right to certain holiday apartments. If these are agreed in the guest rental contract but not available, the holiday farm is obliged to make every effort to provide a replacement of the same value on the holiday farm or in other, comparable properties.
2. Booked apartments are available to the guest from 3 p.m. on the day of arrival, unless otherwise agreed. The guest does not have the right to earlier use of the accommodation. Unless a later arrival time is expressly agreed and/or the holiday apartment in question has been paid in advance, the holiday farm is entitled to reallocate booked holiday apartments after 7pm without giving rise to a claim by the guest against the holiday farm. Claims by the holiday farm pursuant to Section V remain unaffected.
3. The holiday farm's apartments must be vacated and made available by 10 a.m. on the agreed day of departure. After this time, the holiday farm is entitled, based on the late vacating of the holiday apartment, to charge 50% of the full price (list price) for use of the accommodation beyond the contractual arrangement up to 6 p.m., and 100% from 6 p.m. This does not entitle the guest to any contractual claims. He is, however, free to prove that the holiday farm has suffered no or substantially lesser loss.
4. If the guest departs earlier than agreed in the guest rental contract, the holiday farm is entitled to charge the full amount of remuneration agreed. The holiday
farm shall deduct from this any savings made through non-use of the services offered or any remuneration gained through renting the booked apartment to other guests.
VII . Inventory Any possible complaints about the condition of the holiday apartment and its inventory will only be recognised within 24 hours after arrival. After this time, any
damaged/missing items must be replaced according to the prices provided in the inventory list. Missing items from the inventory must be replaced by the gust without evidence of fault being required.
The inventory list can be found in the information folder in each holiday apartment. The guest undertakes to handle the apartment as well as the entire inventory with great care.
VIII . Liability of the holiday farm, limitation period
1. The holiday farm adheres to its contractual liabilities with diligence of a prudent businessperson. Claims by the guest for damages are precluded. Excepted are damages resulting from injury to life, limb or health, if the holiday farm is responsible for the violation of obligation, other damages attributable to the intentional or grossly negligent violation of obligations by the holiday farm, and damages attributable to an intentional or grossly negligent violation of typical contractual obligations of the holiday farm. The violation of an obligation by the holiday farm is equal to that of a legal representative or a vicarious agent. Should disruptions or defects in the services of the holiday farm occur, the holiday farm will make every effort possible to remedy these upon learning about them or upon immediate complaint by the guest. The guest is obliged to assist, insofar as can be reasonably expected, in remedying the disruption and to limit any damage.
2. The holiday farm is liable for cash, securities and valuables only up to a limit of €800. The holiday farm is liable for damages over and above this amount only in cases where the damages are caused by the holiday farm itself or one of its employees.
3. Claims to damages expire if the guest does not make a complaint to the holiday farm immediately after learning about the loss, disruption or damage (Section 703 German Civil Code- BGB). Liability then exists only if the holiday apartment or repository in which the objects were held were locked.
4. Insofar as the guest is provided with a parking place on the holiday farm's car park, no contract for safekeeping has been entered into. The holiday farm is not liable in the case of theft of or damage to vehicles parked or moved on the holiday farm's property, nor to their contents, except in the case of intention or gross negligence. No. 1 sentences 2 to 4 above apply accordingly.
5. Messages, post and parcels for the guest shall be handled with care. The holiday farm undertakes the delivery, holding and – upon request and for a fee – the forwarding of these. No. 1 sentences 2 to 4 above apply accordingly.
6. Any items left behind by guests are sent on only on the request, risk and at the expense of the guest. The holiday farm shall hold the items for three months;
thereafter, they shall be handed over to the local lost property office, if the items have a recognisable value. If the items do not have a recognisable value, the holiday farm reserves the right to
dispose of them after expiry of the threemonth period.
IX. Animals Animals are not allowed on the holiday farm.
X. Final provisions
1. Amendments and supplements to the contract, to the acceptance of booking requests or to these General Terms and Conditions for rental to guests require the written form. Unilateral amendments or supplements by the guest are ineffective. 2. Place of performance and payment is the location of the holiday farm.
3. In commercial transactions, exclusive jurisdiction – also for disputes concerning bills of exchange and checks – is the location of the holiday farm under company law. If one contractual partner fulfils the preconditions of Section 38 paragraph 2 of the Code of Civil Procedure (ZPO) and does not have general jurisdiction in Germany, jurisdiction is deemed to be the location of the holiday farm under company law.
4. German law applies. The application of UN sales law and conflict of laws is excluded.
5. If individual provisions of these Terms and Conditions for the Guest Rental Agreement are or become invalid or void, the validity of the remaining provisions shall
be unaffected. Otherwise the statutory provisions apply. The parties undertake to replace the invalid provision with a valid one that comes closest to it in meaning.
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