§ 1 . Validity of the GTC
(1) These General Terms and Conditions for the Accommodation of Guests apply to contracts for the rental of holiday apartments for accommodation as well as to all further services and deliveries of the provider rendered to the guest. The services of the provider are exclusively based on these General Terms and Conditions.
(2) The subletting or further letting of the holiday apartment provided as well as its use for other than residential purposes require the prior written consent of the provider.
(3) The guest's terms and conditions shall only apply if they have been agreed upon in advance. Deviations from these terms and conditions are only effective if the provider has expressly confirmed them in writing.
§ 2 . Accommodation contract
(1) The accommodation contract comes off, if the offerer confirms the reservation inquiry of the guest by telephone or in writing by letter post, E-Mail and/or fax and accepts thereby the reservation (request acceptance).
(2) Contractual partners are the provider and the guest. If a third party has ordered on behalf of the guest, he is liable to the provider together with the guest as joint and several debtors for all obligations arising from this contract, provided that the provider has a corresponding declaration from the third party.
(3) The guest is obliged to check the booking confirmation for accuracy. If the content of the booking confirmation differs from the booking request and the guest does not object to this immediately, the content of the booking confirmation is deemed to be contractually agreed.
§ 3 . Services, Prices, Payment, Offsetting
(1) The provider is obliged to keep the holiday apartment booked by the guest ready and to provide the agreed services. The holiday flat corresponds to the equipment standard of an average rented flat. The provider only assumes a guarantee for expressly promised equipment features, but not for the subjective quality of the equipment (e.g. ventilation).
(2) The guest is obligated to pay the applicable or agreed prices of the provider for the provision of the holiday apartment and the other services used by him. This also applies to services and expenses of the provider to third parties arranged by the guest.
(3) All prices include the respective legal value added tax.
(4) The guest is obliged to provide truthful information about the number of persons occupying the holiday apartment. The holiday apartment is available for a maximum of the number of persons stated in the booking confirmation according to § 2 para. 1. The occupancy with a number of persons exceeding this number requires the prior written consent of the Provider. In this case, the price for the provision of the holiday apartment increases to the price generally charged by the provider for the corresponding occupancy.
(5) If the period between the conclusion of the contract and the fulfilment of the contract exceeds four months and if the price generally charged by the provider for such services increases, the provider can increase the contractually agreed price appropriately, but by a maximum of 10%.
(6) The payment of the price agreed for the provision of the holiday apartment as well as for the further services agreed with the guest is due at the latest on the day of arrival when the keys are handed over. It must be made in cash at this time, unless the provider has expressly agreed to a different method of payment with the guest. EC and credit cards cannot be accepted as means of payment on site.
(7) The provider reserves the right to demand an appropriate advance payment from the guest prior to arrival on the price agreed for the provision of the holiday apartment as well as the further services agreed with the guest. If an advance payment is requested with the booking confirmation according to § 2 paragraph 1, this is due on the 8th day after the transmission of the booking confirmation. If the Provider is unable to record receipt of payment by the 8th day after transmission of the booking confirmation, and if payment is also not made after expiry of a reasonable grace period set by the Provider with threat of refusal, the Provider is entitled to withdraw from the contract; he must inform the Guest of this in writing. § 5 paragraph 3 is then to be applied accordingly with the proviso that the 8th day after the transmission of the booking confirmation is considered the day of cancellation.
(8) The guest can only offset an undisputed or legally established claim against a claim of the provider.
§ 4 . General rights and duties; house rules
(1) The guest has to treat the holiday flat and its inventory with care. The guest is obliged to observe the house rules. From 22.00 o'clock to 7.00 o'clock the night rest is valid. During this time, special consideration for the other residents and neighbours is required. TV and audio equipment must be set to room volume.
(2) For the duration of the use of the holiday flat, the guest is obliged to keep windows and doors closed when leaving the holiday flat, to set all radiators to a low level and to switch off lights and technical equipment.
(3) The accommodation of pets of any kind in the holiday apartment is only permitted with the prior written consent of the provider. For the accommodation of animals, the provider may charge an appropriate surcharge. If animals are accommodated without prior consent of the Provider, the Provider may charge a cleaning fee of up to € 200.00 (net).
(4) Smoking is generally prohibited in the holiday apartment. In case of violations, the provider can charge a cleaning fee of up to 200,00 € (net). Smoking is only allowed on balconies and terraces.
(5) Internet use is permitted after the conclusion of an internet use agreement including the passport number, as far as this does not violate the legal regulations. Criminal acts (in particular illegal downloads, page views) will be reported and prosecuted. The guest alone is liable for unlawful use of the Internet.
(6) The installation and/or attachment of materials for decoration or the like is not permitted in the holiday apartment. The guest is solely liable for any decoration or the like that is nevertheless installed and/or attached and indemnifies the provider from claims of third parties. He is also obliged to compensate for damages caused by the installation or attachment of decorations or similar.
(7) The offerer has a right of access to the holiday flat at any time, especially in case of imminent danger. The guest's interests worthy of protection are to be taken into consideration appropriately when exercising the right of access. The provider will inform the guest about the exercise of the right of access in advance, unless this is not reasonable or impossible for him according to the circumstances of the individual case.
§ 5 . Withdrawal from the Contract (Cancellation)
(1) A withdrawal of the guest from the contract concluded with the provider requires the written consent of the provider. If this does not take place, then the agreed upon price from the contract is to be paid also if the customer does not make use of contractual achievements. This does not apply in cases of delay in performance by the provider or an impossibility of performance for which he is responsible.
(2) The guest can, without triggering payment or damage claims of the provider, withdraw from the contract only if the possibility of withdrawal was agreed in writing between him and the provider until a certain date. This right of withdrawal of the guest expires if he does not exercise his right of withdrawal in writing to the provider by the agreed date, unless there is a case of default of performance of the provider or an impossibility of performance for which he is responsible.
(3) Cancellation deadlines without triggering payment or damage claims by the provider are stated on the respective portals or the homepage www.gipfelstuermer-winterberg.de. Cancellations must be made in writing to the provider, unless the provider agrees to a verbal cancellation. The day of receipt of the cancellation by the provider is considered the cancellation day.
(4) In the case of a holiday apartment that is not used by the guest, the provider must credit the income from renting the holiday apartment to other parties as well as the saved expenses.
(5) If the guest does not show up on the day of arrival by 9 p.m. at the latest or by 60 minutes at the latest after a later time agreed upon according to § 7 paragraph 1 without having cancelled, the contract is considered cancelled. Paragraph 3 is to be applied accordingly. In addition, the provider can demand an administrative fee of 100.00 € (net) from the guest.
(6) If a right of withdrawal of the guest within a certain period of time according to paragraph 2 was agreed upon in writing, the provider is entitled for his part to withdraw from the contract within this period of time, if there are inquiries of other guests for the contractually booked holiday apartment and the guest does not waive his right of withdrawal upon inquiry of the provider.
(7) Furthermore, the provider is entitled to withdraw from the contract for factually justified reasons or to terminate the contract extraordinarily, if e.g.a) force majeure or other circumstances for which the provider is not responsible make the fulfilment of the contract impossible,b) the holiday apartment was booked under misleading or false information of essential facts, e.g. concerning the person of the guest or concerning the purpose or concerning the occupancy or concerning the booking of the holiday apartment. c) the holiday apartment is used for other than residential purposes,d) the provider has reasonable grounds to believe that the use of the service endangers the safety or peace of other guests or neighbors or the reputation of the provider in public, without this being attributable to the control or organization of the provider.
(8) The provider has to inform the guest immediately about the exercise of the right of withdrawal or cancellation. In cases of paragraph 7 a) the provider has to refund already made rent payments and/or advance payments immediately. In the case of justified withdrawal or justified termination by the Provider, the Guest shall not be entitled to any compensation. The Guest has to compensate the Provider for all damages for which he is responsible due to a withdrawal or an extraordinary termination according to paragraph 7.
§ 6 . Liability; Limitation
(1) The provider is liable for his obligations from the contract. Liability is limited to intent and gross negligence on the part of the provider, if and insofar as he is not absolutely liable without limitation according to the statutory provisions. Should disturbances or deficiencies occur in the services of the Provider, the Provider shall endeavour to remedy the disturbance or deficiency upon knowledge thereof or upon immediate complaint by the Guest. The guest is obligated to contribute what is reasonable to him in order to eliminate the disturbance or the lack and to keep a possible damage small.
(2) The provider is not liable for items brought in by the guest; they are not considered as brought in items in the sense of §§ 701 f. BGB. A liability of the provider according to these regulations is therefore explicitly excluded. This also applies expressly to valuables which the guest keeps and/or leaves in the holiday apartment.
(3) The guest is liable for all damages that he, his fellow travellers or his visitors have culpably caused in the house of the holiday flat, in the holiday flat and/or to the inventory of the holiday flat. A private liability insurance is recommended to the guest. The guest is obliged to report damages to the provider immediately. This applies in particular to such damages which may also affect other apartments in the house (e.g. water damage, fire damage).
(4) Claims of the guest become time-barred in six months, unless the provider is liable because of intent. Claims of the provider become time-barred in the respective legal period.
§ 7 . Arrival and departure, handing over of keys; delayed evacuation
(1) The holiday flat is regularly available from 15.00 hrs on the day of arrival. The arrival must take place until 21.00 o'clock, unless a later arrival time is expressly agreed upon with the offerer in advance. An arrival before 3.00 p.m. can also only take place if this has been expressly agreed with the provider in advance.
(2) If the arrival is agreed in the time between 21:00 o'clock and 8:00 o'clock and takes place in this time, a surcharge at a value of 30.00 euros is raised.
(3) The guest is obliged to present his valid identity card or passport to the provider upon arrival.
(4) The provider can demand the payment of a deposit in the amount of 150,00 € upon arrival. The provider will refund this deposit if the holiday apartment is vacated in time and all keys are returned on the day of departure, unless otherwise agreed with the guest and provided that the holiday apartment does not show any damage for which the guest is responsible. In the event of further damage to the holiday apartment and/or the inventory, the guest shall pay the amount of money required for compensation in cash on the spot (§ 249 para. 2 BGB).
(5) On the day of departure, the guest must vacate the holiday apartment by 10.00 a.m. at the latest. In case of late vacating of the holiday flat the provider is entitled to an additional payment from the guest. This amounts toa) 50,00 € (net) if the apartment is vacated after 11.00 a.m. but before 1.00 p.m.;b) 100 % of the agreed accommodation price/night if the apartment is vacated after 1.00 p.m. . In addition, the Provider is entitled to compensation for all further damages incurred due to a delayed evacuation.
(6) The evacuation according to paragraph 4 is only considered to be effected when all keys have been handed over to the offerer or his representative. For this purpose, the guest may, if this has been expressly agreed with the provider in advance, leave all keys on the table in the holiday apartment and close the apartment door. The guest is obliged to control the proper closing of the apartment door.
(7) In case of loss of one or more keys, the guest has to compensate the provider for their replacement and, if necessary, for the installation of new locks.
§ 8 . Data protection
The personal data provided by the guest will not be passed on to third parties by the landlord, unless this is necessary for the execution of the contract.
§ 9 . Final Provisions
(1) Changes or additions to the contract, the acceptance of the application or these general terms and conditions should be made in writing. Unilateral changes or additions by the guest are ineffective.
(2) Place of performance and payment is Mandelbachtal/ Germany. Place of jurisdiction for tenancy law is St. Ingbert. The general place of jurisdiction is Saarbrücken.
(3) The contract shall be governed exclusively by the law of the Federal Republic of Germany.
(4) These General Terms and Conditions of Accommodation are only intended for the personal use of the guest. A commercial use by third parties is expressly contradicted.
(5) Should one of the above provisions be or become invalid or void, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision that comes as close as possible to the purpose of the provision to be replaced. In all other respects, the statutory provisions shall apply.