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§ 1 Validity of the terms and conditions
(1) These general terms and conditions apply to contracts for the rental of apartments for accommodation and all other services and supplies provided by the provider for the guest. The services of the provider are exclusively based on these terms and conditions.

(2) The subletting or reletting of the leased apartment as well as its use for purposes other than residential purposes require the prior written consent of the provider.

(3) Terms and conditions of the guest apply only if they have been previously agreed. Deviations from these conditions are only effective if the provider has expressly confirmed them in writing.

 

§ 2 Booking / booking confirmation

Please send booking requests in writing to holiday-guenzburg@t-online.de. You are also welcome to contact us by phone on +49 (0) 162 1984858.

If we can provide you the desired apartment in the desired period, you will receive from us a written confirmation of the booked apartment and the bill. The reservation for the apartment is on receipt of the booking confirmation, as well as after the deposit (see §3) legally valid.

 

§ 3 Terms of payment

The total amount must be transferred to our account immediately after the booking confirmation.

In the event of default of payment, we are entitled to demand the applicable statutory default interest of currently 5% above the base lending rate. For every reminder after default, the customer has to reimburse dunning costs in the amount of 15,00 Euro to us. All other costs incurred in connection with the collection shall be borne by the customer. Costs of payment, in particular for transfers from abroad, shall be borne by the customer. All bank transfer fees are fully paid by the renter, this means our bank account has to be credited with the full invoice amount free of charge. We only accept payments by bank transfer, no cash payments, ec- and credit cards or checks.

 

§ 4 Arrival and departure

On the day of arrival, the apartment is available from 17 o'clock. For the key handover we will contact you about 2 days before arrival. The apartments are equipped with a key safe. You will receive a code that is valid on the day of arrival from 17:00 to 22:00 and can open the key safe and receive the key to the apartment. If you plan to arrive after 22:00, please contact us. You will then receive a new code for the key safe. Claims for damages can not be asserted if the apartment can not be ordered punctually at 17 o'clock.

On the day of departure, the apartment must be left until 11:00 in the morning. The landlord reserves the right to charge a late departure.

 

§ 5 Apartments

The apartment will be handed over by the landlord in a neat and clean condition with complete inventory. Should defects exist or occur during the rental period, the lessor must be informed immediately. The renter is liable for the damage caused to him by the rental object, the inventory of e.g. broken dishes, damage to the floor or furniture. This includes the cost of lost keys.

Replacing a cylinder lock with 3 keys costs 50,00 Euro.

The inventory is to be treated gently and carefully and only intended for the whereabouts in the apartments. The adjustment of furnishings, especially beds, is prohibited. The tenant is also liable for the fault of his fellow travelers. Damage caused by force majeure is excluded. In case of breach of contract, such as subletting, overcrowding, disturbance of peace etc., as well as non-payment of the full rental price, the contract can be terminated without notice. The already paid rent remains with the landlord.

If liability insurance exists, the damage must be reported to the insurance company. The landlord must be informed of the name and address as well as the insurance number of the insurance company.

 

§ 6 Pets

The accommodation of pets of any kind is not allowed in the apartment.

If animals are housed despite prohibition, the landlord can charge a cleaning fee of up to 100.00 euros (net).

§ 7 Stay

The apartment may only be used by the persons listed in the booking. If the apartment is used by more people than agreed, this is a separate fee to pay, which is determined in the rental price. The landlord also has the right in this case to terminate the lease without notice.

A sublease and transfer of the apartment to third parties is not allowed. The lease may not be passed on to third parties.

The renter agrees to the terms and conditions and the house rules of the holiday apartments/house of Holiday Günzburg. The consent is given with the payment.

In the case of violations of the terms and conditions or the house rules, the landlord is entitled to terminate the lease immediately and without notice. There is no legal claim for repayment of the rent or compensation.

 

§ 8 Cancellation

In case of withdrawal from the rental contract, the renter is obliged to pay the agreed price as compensation. A cancellation must be made in writing. The amount of the compensation depends on the time until the day of arrival and is as follows:

Free cancellation up to 30 days before the arrival date. If you would like to cancel less than 30 days before the arrival date, then the total price is due.

The conclusion of a travel cancellation insurance is recommended.

 

§ 9 Resignation by the landlord

In the event of cancellation by us, force majeure or other unforeseen circumstances (such as accident or illness of the host) and other circumstances beyond our control, such performance may not be enforceable; liability is limited to the reimbursement of costs. In case of justified resignation no claim of the customer for damages arises - a liability for travel and hotel costs is not taken over.

A resignation by the landlord can take place after the beginning of the lease without observing a deadline if the tenant persistently disturbs other tenants despite a warning or behaves in breach of contract to such an extent that the immediate cancellation of the lease is justified.

 

§10 Liability of the landlord

The lessor is liable within the scope of the due diligence of a proper businessman for the proper provision of the rental property. A liability for possible failures or disturbances in water or electricity supply, as well as events and consequences by force majeure are hereby excluded.

§11 Use of Internet access via WLAN

§11.1. Permission to use Internet access via WLAN

The landlord maintains in his holiday home Internet access via WLAN. He allows the tenant for the duration of his stay in the holiday home shared use of Wi-Fi access to the Internet. The renter does not have the right to allow third parties to use the WLAN.

The landlord does not warrant the actual availability, suitability or reliability of the internet access for any purpose. He is entitled at any time to allow the use of the WLAN completely, partially or temporarily other co-users and restrict the access of the lessee completely, partially or temporarily, or exclude if the connection is misused or was used, as far as the landlord must therefore fear a claim and this can not be prevented with reasonable and reasonable effort in a timely manner. In particular, the Lessor reserves the right, in its reasonable discretion and at any time, to block access to certain pages or services via the WLAN (for example violent, pornographic or paid sites).

§11.2. Access data

The use takes place by means of access security. The access data (login and password) may under no circumstances be passed on to third parties. If the lessee intends to grant third parties access to the Internet via the WLAN, this shall be subject to the prior written consent of the lessee and the acceptance of the provisions of this user agreement by the third party documented by means of a signature and complete identification. The renter undertakes to keep his access data confidential. The landlord has the right to change access codes at any time.

§11.3. Dangers of WLAN use, limitation of liability

The tenant is advised that the WLAN only allows access to the Internet, anti-virus and firewall is not available. The traffic generated using the WLAN is unencrypted. The data may therefore be viewed by third parties. The landlord expressly points out that there is a risk that malicious software (such as viruses, Trojans, worms, etc.) may reach the terminal when using the WLAN. Use of the WLAN is at your own risk and at the hirer's own risk. The hirer assumes no liability for damage to the renter's digital media caused by the use of internet access, unless the damage was caused intentionally or through gross negligence by the lessor and / or his vicarious agents.

§11.4. Responsibility and indemnification of claims

For the data transmitted via the WLAN, the paid services used in connection with unconfirmed legal transactions, the renter is himself responsible. If the tenant visits paid websites or incurs liabilities, the resulting costs must be borne by him.

He is obliged to comply with the applicable law when using the WLAN. He will in particular:

To use the WLAN neither for retrieval nor for the dissemination of immoral or illegal content;

do not unlawfully reproduce, distribute or make accessible copyrighted goods;

this applies in particular in connection with the use of file-sharing programs;

observe the applicable youth protection regulations;

do not send or distribute harassing, defamatory or threatening content;

Do not use the WLAN to send bulk messages (spam) and / or other forms of improper advertising.

The renter indemnifies the landlord of the holiday property from all damage and claims of third parties, which are based on the unlawful use of the WLAN by the renter and / or a breach of this agreement, this also extends to the use or their defense related costs and expenses. If the lessee recognizes or has to realize that such a breach of law and / or such a violation exists or threatens, he informs the landlord of the holiday property of this circumstance.

§ 12 House rules, general rights and duties

(1) The guest is obliged to comply with the house rules. From 22.00 o'clock to 7.00 o'clock the night rest applies. To avoid interference, TV and audio equipment must be set to room volume.

(2) For the duration of the rental of the apartment, the guest is obliged, when leaving the apartment windows (except tipped) and keep doors closed.

(3) The transport or accommodation of pets in the holiday apartments of Holiday Günzburg is expressly prohibited.

(4) In the apartment applies a general smoking ban. In case of violations, the provider may charge a cleaning fee of up to 100.00 euros (net).

Smoking is only allowed on balconies and terraces.

(5) The washing machine may be used free of charge.

(6) We offer a free car parking space. This is marked with the sign "FEWO".

Other vehicles can be parked in the immediate vicinity. Please do not park a second vehicle on the property.

(7) In order to avoid damage to the buildings and cars and out of consideration for neighbors, any ball games on the property are prohibited.

(8) The installation and / or attachment of materials for decoration or the like is not allowed in the apartment.

The guest is liable for nevertheless one and / or attached decoration o. Ö. Alone and releases the offerer of claims of third parties.

He is also obliged to compensate for damage caused by the installation and / or attachment of decoration or similar.

(9) The provider has a permanent right of access to the apartment, especially in case of imminent danger. In the exercise of the right of access to take due account of the interests of the guest to be protected. The provider will inform the guest about the exercise of the right of access in advance, unless this is unreasonable or impossible for him in the circumstances of the individual case.

§13 Written form

There are no agreements other than those specified in this contract. Verbal agreements were not made. The terms and conditions are accepted with bank transfer of the deposit.

 

§14. Severability clause

If one or more provisions of these terms and conditions become invalid, this shall not affect the validity of the remaining provisions. The ineffective provision shall be replaced by an effective one that comes closest to the economic purpose of the ineffective provision.

 

§ 15 Jurisdiction

For any disputes arising from the contractual relationship, the District Court Günzburg is competent.

  1. Validity of the terms and conditions

  2. Booking/Booking Confirmation

  3. Terms of payment

  4. Arrival and departure

  5. Apartments

  6. Pets

  7. Stay 

  8. Travel cancellation

  9. Cancellation by the landlord

  10. Liability of the landlord

  11. Use of Internet access via WLAN

  12. House rules, general rights and obligations

  13. Written form

  14. Severability Clause

  15. Place of jurisdiction

Terms and Conditions for the rental of holiday flats / houses from Holiday Günzburg GbR​

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