General terms and conditions for the accommodation contract,
As of 07/01/2020 which is between
Holiday home STEYR RIVER LODGE, Tambergau 24, A-4572 Hinterstoder
Owners Birgit and Cornelius Büchner, Sämannstr. 14b, D-82166 Graefelfing
hereinafter referred to as "provider"
and the provider's guest
hereinafter referred to as "guest" - is closed.
§ 1 scope
(1) These general terms and conditions apply to the accommodation contract between the provider and the guest as well as to all other services and deliveries provided for the guest.
(2) For the contractual relationship between the provider and the guest, the following general terms and conditions apply exclusively in the version valid at the time of booking. Deviating general terms and conditions of the guest are not recognized, unless the provider expressly agrees to their validity in writing.
§ 2 conclusion of contract
(1) The guest sends the provider a booking request which, if accepted by the provider in the form of a booking confirmation, leads to the conclusion of a contract for an accommodation contract - hereinafter referred to as the "contract".
(2) Contractual partners are the provider and the guest. If a third party makes the booking request for the guest, he is liable to the provider and the guest as joint and several debtors.
(3) Subletting and re-letting of the booked holiday home by the guest is excluded.
§ 3 Services, Prices, Payment
(1) The provider is obliged to keep the holiday home ready and to provide the other agreed services or deliveries.
(2) The guest is obliged to pay the agreed fee for the provision of the holiday home and the other services and deliveries as well as any corresponding expenses to third parties that arise in connection with the provision of agreed services or deliveries.
(3) If prices in this regard are not explicitly agreed in the contract, the prices usually requested by the provider at the time the contract is concluded shall be deemed to have been agreed. The local tax is included in the price and is paid directly to the tourist office by the provider.
(4) Subsequent changes to the booking by the guest, affecting the number of rooms and / or overnight stays or other services, require the approval of the provider. The provider can make the approval dependent on an increase in the price.
(5) Invoices issued by the provider to the guest are due within 5 days of receipt of payment.
(6) The provider reserves the right to demand an appropriate security deposit, in the form of an advance payment or credit card guarantee, in accordance with the statutory provisions upon conclusion of the contract or on the first day of the service provision.
(7) In the case of short-term bookings, the terms of payment may differ.
(8) If the payment deadlines are not met, the provider can withdraw from the contract. Failure to pay is considered a resignation and entitles to new letting. In this case, the provider can charge 90% of the total price or reserves the right to withhold the down payment and to invoice the remaining amount.
(9) Only if payment has been made in full is there an entitlement to a rental, otherwise the provider will refuse to hand over the keys.
§ 4 Withdrawal, cancellation
(1) If the guest has made a binding booking for the holiday home, he has concluded an accommodation contract with the provider, which is generally binding for both contracting parties.
(2) As a goodwill gesture, the provider also grants the following cancellation options:
§ Full refund 48 hours after booking if check-in date is at least 14 days in the future.
§ 50% refund of the agreed total price if the cancellation is made at least 7 days before check-in.
§ No refunds for cancellations made within 7 days of check-in.
(3) If the guest does not provide an agreed security or a security required in accordance with Section 4 (5), the provider has the right to withdraw from the contract if he has previously set a reasonable grace period for providing the security.
(4) The provider is also entitled to withdraw from the contract in the following cases:
- in the event of force majeure that was not foreseeable when the contract was concluded, if this makes the fulfillment of the contract impossible or makes it significantly more difficult, endangered or impaired in an unreasonable manner.
- The information provided at the time of booking was culpably incorrectly given in a misleading manner. This applies in particular to the information on the person and number of overnight guests.
- There is an unauthorized subletting or re-letting according to § 2 (3) by the guest.
§ 5 arrival and departure
(1) Check-in can take place from 4:00 p.m. on the day of arrival. The guest is not entitled to earlier availability. There is also no entitlement to compensation if the holiday home is not available at the specified time for various reasons.
(2) On the day of departure, the holiday home must be completely vacated and returned by the guest by 10:00 a.m. at the latest. The return includes the handover of all keys handed out to the provider or his authorized representative.
(3) If the holiday home is returned late, the provider is entitled to demand a corresponding compensation for use from the guest. The provider also reserves the right to assert claims for compensation for further damage resulting from the delayed return.
(4) The holiday home is to be handed over swept clean. Personal items are to be removed, the rubbish (including bottles and paper) is to be disposed of as described in the house instructions, dishes are to be stored clean and washed in the kitchen cupboards. If the stove has been used, it must also be emptied of ash residues, but only cold ash. The firewood supplies in the house are to be replenished by the guest. If the guest disregards these requirements, the provider can separately charge a thorough cleaning of the property. The amount depends on the degree of soiling and thus the time required by the cleaning staff.
§ 6 liability of the provider
(1) The guest must notify the provider of any disruptions or defects as quickly as possible.
(2) If the provider was unable to remedy the situation as a result of a culpable omission of the notification in accordance with paragraph 1, the guest is not entitled to reduce the contractually agreed fee.
(3) Claims of the guest for damages are excluded. Excluded from this are claims for damages by the guest from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damage based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents . Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(4) In the event of a breach of essential contractual obligations, the provider is only liable for typical, foreseeable damage if this was caused simply by negligence, unless the guest is entitled to compensation for damage to life, limb or health.
(5) The limitations of liability resulting from Paragraphs 3 and 4 do not apply if the provider fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the provider and the guest have made an agreement on the nature of the item. The provisions of the Product Liability Act remain unaffected.
(6) Claims based on complaints that are not reported immediately on site are excluded. Complaints received by the provider at the end of the stay or after leaving the holiday home are also excluded from compensation. In the event of any disruptions in performance, the guest is obliged to do everything reasonable within the scope of his legal obligation to help rectify the disruption and to keep any damage that may have occurred to a minimum.
§ 7 Obligations and liability of the guest (1) The guest undertakes to treat the rented items (holiday home, inventory and outdoor facilities) with care. If damage occurs to the holiday property and / or its inventory during the tenancy, the guest is obliged to notify the provider or his authorized representative immediately. Inventory may not be removed. The completeness of the inventory will be checked on departure. Defects and damage already discovered on arrival must be reported immediately, otherwise the guest is liable for these damage. A reasonable period must be allowed to remedy damage and defects. If no complaints are reported, it is assumed that the guest has found the holiday property to their full satisfaction. (2) He is fully liable for damage caused by the guest inside and outside the rental property. Likewise for willful destruction or damage. The guest also assumes liability for damage caused by other people (fellow travelers). The provider is expressly not obliged to determine who caused the damage, but can make claims against the guest. (3) The windows must always be kept closed during storms and rain. (4) The front door of the rental property must always be locked when absent. (5) If keys of the property are missing or damaged on departure, they must be replaced in full by the guest. (6) Smoking in the holiday home is not permitted. In the event of a violation, the provider is entitled to terminate the apartment without notice and to have it vacated and to pass on all consequential damage (including any necessary renovation) to the guest without deduction. (7) All guests are required to comply with the applicable house rules ("House Instructions" document), which are available in the property. Violating these house rules can result in eviction from the holiday home without the rental price being reimbursed in whole or in part. (8) The arrival and departure of the guest is the responsibility and liability of the guest.
§ 8 Provision of the Internet
(1) The provider of the holiday home maintains, as far as stated in the advertisement, Internet access in his holiday home, which he allows the guest to use during his stay, whereby no liability is assumed for actual availability or reliability for certain purposes. Use by third parties or disclosure of the access data received is prohibited. The provider of the holiday property is entitled at any time to allow other co-users to operate the Internet in whole, in part or temporarily and to restrict or exclude the guest's access in whole, in part or in part if the connection is or has been used improperly. In particular, the owner of the holiday property reserves the right to block access to certain pages or services (e.g. pages that glorify violence, pornographic or chargeable pages) at their own discretion and at any time.
(2) The guest's attention is drawn to the fact that only access to the Internet is possible. Virus protection and firewall are not available. The data traffic generated using the Internet is unencrypted. The use of the internet is at the guest's own risk and at the guest's own risk. The provider assumes no liability for damage to the tenant's digital media resulting from the use of the Internet access, unless the damage was caused by the provider intentionally or through gross negligence.
(3) The guest is responsible for the transmitted data, the fee-based services used and legal transactions made. If the tenant visits paid websites or enters into liabilities, the resulting costs must be borne by him. He is obliged to comply with applicable law when using the Internet.
(4) The guest exempts the provider of the holiday property from all damage and claims by third parties that are based on illegal use of the Internet by the guest and / or on a violation of the present agreement; this also applies to claims or claims their defense related costs and expenses. If the guest recognizes or has to recognize that such a violation of the law and / or such a violation is present or threatened, he shall inform the provider of the holiday property of this fact.
§ 9 other provisions
(1) The additional costs for electricity, water and gas and firewood / pellets are included in the rental price.
(2) Animals may only be brought into the holiday property with prior approval.
§ 10 final provisions
(1) The law of the Federal Republic of Germany applies to this contract between the provider and the guest, excluding the UN Sales Convention. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the state in which the guest as a consumer has his habitual residence, remain unaffected.
(2) The place of jurisdiction for all disputes arising from this contractual relationship is Munich, Germany.
(3) The place of fulfillment and payment is the registered office of the provider.
(4) The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions apply, if they exist. As far as this would represent an unreasonable hardship for one of the contracting parties, the contract becomes ineffective as a whole.