1. scope of application of these general terms and conditions (GTC)
These GTC apply to contracts with Kirsten Mauer (“Eifel-Sein”), hereinafter also referred to as “provider”, for the provision of vacation apartments. The services of the Provider shall be provided exclusively on the basis of these General Terms and Conditions.
Terms and conditions of the guest shall only apply if these have been expressly agreed in advance. Deviations from these terms and conditions are only effective if the supplier has expressly confirmed them in writing or in text form.
2. contracting party, conclusion of the contract
Contractual partner (also: “tenant” or “guest”) is basically the person who makes the booking of the vacation apartment. This also applies in principle if a third party makes a booking for one guest or several guests or if one guest makes the booking for several guests (guest in this sense is the person who is actually to use the provider’s vacation apartment). This shall not apply if the person making the booking does so as an authorized representative pursuant to Section 164 of the German Civil Code (BGB) and discloses his or her representative role and states the person of the person or persons represented.
If a third party makes the booking for one or more guests without being a guest himself, he has to name a guest who acts as a contact person for the provider for the performance of the service. He is obliged to oblige the guest in accordance with these GTC to comply with the rules of these GTC and the house rules.
The rental contract is concluded when the provider confirms the booking request of the guest by telephone or in text form (by mail or e-mail) and thus accepts the booking (application acceptance). Brochures, information on the website of the provider and price markings or similar generally only represent an invitation to submit an offer by the person willing to make the booking and do not themselves constitute an offer by the provider. The contract partner is obliged to check the booking confirmation of the provider for accuracy and to report any discrepancies immediately.
3. prices, terms of payment, deposit, set-off, additional services, vouchers
The tenant is obliged to pay in advance the price agreed for the transfer of the apartment (accommodation costs and final cleaning costs in the amount of 80 €) as stated in the booking. The payment of the price must be made at the time of booking or within- 48 hours from the confirmation of the booking by the provider by bank transfer, PayPal or credit card payment with the provider’s data specified in the booking. If the booking was made less than one week before the intended use of the service, the payment must be made immediately after the conclusion of the contract in accordance with. § 3 par. 2 to be made. This applies accordingly to extensions of the stay, i.e. upon conclusion of the extension agreement, the price for the extended transfer is due immediately. The prices quoted also include the sales tax and other local charges and incidental costs to be paid by the supplier. Not included are charges and additional services owed by the guest personally.
Together with the payment of the Agreed Price, the Lessee shall pay to the Provider by bank transfer, PayPal or online credit card payment with the Provider’s data indicated in the booking a deposit in the amount of 500 €; for vacation guests residing outside the European Economic Area (EEA countries, Switzerland) the deposit shall be 1,000 €. Insofar as the guest returns the vacation apartment without damage, this deposit will be returned to the contractual partner immediately after the vacation apartment has been vacated in good time and after the vacation apartment has been inspected by the provider, which is to take place on the day of return together with the guest, unless otherwise agreed. Damages in the aforementioned sense are damages to the building, building components, property or inventory, theft or other loss of inventory as well as heavy soiling of the vacation apartment; these will be charged separately and offset against the deposit.
The guest may only offset an undisputed or legally established claim against a claim of the provider.
Additional services that are not included in the price of the overnight stay, in addition to the final cleaning costs, are services expressly stated as additional services and prices, such as the wines/champagne from a wine refrigerator. The corresponding prices can be found in the respective price list.
Vouchers of the provider are valid for all objects of the provider and are valid indefinitely. The value of the voucher will be credited to the price of the stay or other use. The respective prices at the time of booking the stay apply. The voucher is transferable. Vouchers can be refunded under the same conditions as cancellation is possible.
4. services of the provider, content of the contract
The provider is obligated to keep the vacation apartment booked by the guest ready in contractual condition and in particular cleaned. The provider assumes a warranty only for expressly promised equipment features. Defects that the guest discovers upon arrival or during the stay are to be reported to the provider immediately. It is recommended to record such defects photographically. Claims arising from complaints that are not reported immediately on site are excluded. Complaints that are received by the landlord only at the end of the stay or after leaving the vacation home are also excluded from compensation.
The vacation apartment will be sold exclusively to the contracting party at the times specified under § 1 para. 1 purposes mentioned above. The subletting or re-letting of the vacation home as well as its use for other than residential purposes are generally not permitted and require the prior consent of the provider in text form.
The apartment may be used only by the number of people indicated in the booking and which was the basis of the price calculation. The tenant is obliged to provide truthful information about the number of people who will occupy and occupy the apartment. If the apartment is used by more people than agreed, the tenant must pay a separate fee for these additional people, which is 100 EUR per person per booking day. In this case, the provider also has the right to terminate the rental agreement without notice.
5. arrival and departure, late eviction
The apartment is regularly available from 15.00 on the day of arrival. Arrival before 3:00 p.m. can only take place if this has been expressly agreed with the provider in advance.
On the day of departure, the guest must leave the apartment vacated and swept by 11:00 a.m. at the latest. The evacuation is only considered to be effected when the guest has finally left.
In case of late vacating of the vacation apartment, the provider is entitled to an additional payment from the tenant. This amounts to 100 EUR in case of eviction after 11.00 am. In case of evacuation after 3:00 p.m., 100% will be charged for that day in the amount of one additional night’s stay based on the agreed upon overnight rate. The provider has the right to remove the tenant from the apartment; in case of refusal of the guest to leave the apartment, he owes a contractual penalty of € 1,000 per day or part thereof; the contractual penalty can be offset against the deposit and is otherwise payable on the same day by bank transfer (as § 3); late payments trigger another contractual penalty of € 100. In addition, the Provider shall be entitled to compensation for all further damages incurred by it due to a delayed eviction, including interest on arrears.
6. general regulations for the use of the apartment, rights and obligations of the guest
The guest has to treat the vacation apartment and its inventory with care.
From 22.00 o’clock to 6.00 o’clock the night rest applies, § 9 para. 1 LImSchG NRW. During this time, special consideration is required for fellow residents and neighbors. Activities that are likely to disturb the night’s rest are prohibited during this time. Among other things, TV and audio equipment should therefore be set to room volume.
For the duration of the rental of the vacation apartment, the guest is obliged to keep windows and doors closed when leaving the vacation apartment, to regulate all radiators to low level or to switch them off and to switch off lights and technical devices. On the day of departure, personal belongings are to be removed by the tenant, household waste is to be disposed of in the bins provided, dishes are to be stored clean and washed in the kitchen cupboards.
The accommodation of pets of any kind is allowed in the apartment only with the prior consent of the provider. Dogs are welcome, but must be expressly notified in advance. One dog is included in the accommodation price, each additional dog increases the accommodation price by 20 €. The provider may charge a reasonable additional fee for the accommodation of other animals. If animals are accommodated without the prior consent of the Provider, the Provider may charge a cleaning fee of up to EUR 100 in addition to the extra night charges.
Within the premises of the vacation apartment is a general ban on smoking. In case of non-compliance, the provider may charge a cleaning fee in the amount of 500 EUR. Smoking on balconies and terraces is permitted as long as adjacent windows and doors remain closed.
The installation and/or attachment of materials for decoration or similar is not allowed in the apartment. The Contractual Partner shall be solely liable for any decoration or similar items that are nevertheless installed and/or attached and shall indemnify the Provider against any claims by third parties. He is also obliged to compensate for damage caused by the installation and or attachment of decorations or similar.
The landlord reserves the right of access to put out and put in the garbage cans, as well as for cases of technical maintenance and emergencies.
Subletting and subletting of the cottage is prohibited. In the event of violations, a contractual penalty of €500 shall be forfeited for each commenced day of unlawful use.
7. internet use and data protection
In Germany, a connection owner can be held liable for legal infringements committed from his Internet connection. Nevertheless, the provider provides the guests of the vacation apartment with access to an Internet connection in reliance on their lawfulness.
The actual and permanent availability or reliability of the Internet access are not guaranteed by the provider of the vacation apartment. However, the Provider undertakes to contact the Internet service provider for the purpose of troubleshooting any problems with the Internet connection that are brought to the Provider’s attention.
WLAN use is at the guest’s own risk. The provider expressly points out that malware can get onto the guest’s device through Internet use. The provision of Internet access does not include firewall or virus protection – it is the guest’s responsibility to protect his terminal device.
The provider assumes no liability for damage to the guest’s terminal equipment caused by WLAN use. Excluded from this exclusion of liability are damages caused by gross negligence or intent on the part of the provider or his assistants.
The guest agrees to comply with the following rules:
The offered WLAN access is password protected and is only valid for the rental period. The user data and the password may not be disclosed to third parties who are not guests of the vacation apartment The loss or making accessible of the user data to third parties must be reported to the provider immediately.
The use of Internet access to the so-called dark web or deep web is prohibited.
The guest undertakes to comply with applicable law.
The guest agrees not to use the WLAN access to distribute, make available or reproduce copyrighted material – in particular “file sharing”.
The guest agrees not to use the WLAN access to send harassing, threatening, defamatory, immoral or illegal content.
The guest agrees not to use the WLAN access for sending SPAM (mass notifications).
If the guest conducts legal transactions for which a fee is charged via the WLAN access, he or she is solely responsible for the liabilities incurred. The resulting costs are to be borne solely by the guest.
The Lessee indemnifies the Provider from all claims and damages of third parties, which are based on an illegal use of the Internet access or by a violation of the agreed rules. All necessary costs and expenses incurred in defending against or asserting the claims and damages of third parties are included in the indemnification.
The provider of the vacation apartment reserves the right to revoke the access authorization in whole or in part at any time. In particular, access to certain services or websites may be blocked at our discretion.
Criminal acts (in particular illegal downloads, page views) will be reported and prosecuted. The guest alone is liable for any unlawful use of the Internet.
Cancellation of the concluded contract requires the consent of the provider in text form. If this is not done, the agreed price from the contract is to be paid in accordance with para. 2 even if the customer does not make use of contractual services. This does not apply in cases of default in performance by the provider or an impossibility of performance for which the provider is responsible and if the tenant is not or only partially made available the use of the accommodation or if there is a significant impairment of use.
Without triggering claims for payment or damages by the provider, the guest is entitled to cancel up to 2 months before arrival, otherwise according to the following conditions:
Cancellation until at the latest
Amount of the payable Overnight price
2 months before arrival
3 weeks before arrival
1 day before arrival
Cancellations must be made in text form to the provider, unless the provider agrees to a verbal cancellation. The cancellation day is the day of receipt of the cancellation by the provider.
The provider is entitled to terminate the contract extraordinarily for an objectively justified reason, even before the arrival date, in particular if
force majeure or other circumstances for which the provider is not responsible make it impossible to fulfill the contract,
the vacation apartment was booked under misleading or false information of essential facts, e.g. in the person of the guest or regarding the purpose or regarding the occupancy or regarding the accommodation of animals,
the vacation home is used for other than residential purposes,
the Provider has reasonable grounds to believe that the use of the service endangers the safety or peace of mind of other guests or neighbors or the reputation of the Provider in public, without this being attributable to the Provider’s sphere of control or organization.
The Provider shall notify the Lessee of the exercise of the right of termination without undue delay. The Provider shall immediately refund any rental payments already made as well as the deposit, insofar as these have already been paid. In the event of justified termination by the provider, the guest shall not be entitled to any compensation.
9 Liability, Statute of Limitations
The liability of the provider is limited to intent and gross negligence of the provider, unless mandatory statutory provisions to the contrary. Notwithstanding the foregoing, the Provider shall be liable for damages arising from injury to life, body or health, also for damages based on a negligent breach of duty by the Provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the Provider.
In the event of disruptions or defects in the services of the Provider, the Provider shall endeavor to remedy the disruption or defect upon knowledge thereof or upon immediate complaint by the Guest. The guest is obliged to contribute what is reasonable for him to eliminate the disturbance or defect and to keep any possible damage to a minimum. In this context, he is in particular obliged to grant the provider and his vicarious agents access to the vacation home for the purpose of inspecting and rectifying the defect.
The provider is not liable for items brought in by the guest, in particular §§ 701 f. BGB are not applicable to the present tenancy. Any liability of the provider according to these regulations is thus expressly excluded. This also expressly applies to valuables that the guest keeps and/or leaves in the vacation apartment.
The guest is liable for all damages that he, his fellow travelers or his visitors in the house of the vacation apartment, in the vacation apartment and / or on the inventory of the vacation apartment has / have culpably caused. Private liability insurance is recommended for the guest. The guest is obliged to notify the provider of any damage immediately.
The mutual claims shall become time-barred within the respective statutory period.
10. final provisions
Amendments or supplements to the contract, the acceptance of the application or these General Terms and Conditions shall be made in text form. Unilateral changes or additions by the tenant are invalid.
Place of performance and payment is Zülpich / Germany. Insofar as agreements on the place of jurisdiction are permissible according to § 38 ZPO (German Code of Civil Procedure), the place of jurisdiction is agreed to be Zülpich.
German law is applicable to the rental agreement.
Should any 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.