1. Scope of validity
These general terms and conditions apply to all - including future - contracts with us for the rental of the holiday home for accommodation and for all our other services and deliveries (arrangements) that may be associated with this. General terms and conditions of the guest, if any, are hereby rejected. They shall not be recognised even if we do not expressly object to them upon receipt. These General Terms and Conditions shall be deemed to have been accepted at the latest upon acceptance of our services and deliveries or use of the holiday home by the guest.
2. Conclusion of contract and contractual partner
In any case, a contract with us is only concluded upon our written confirmation to the guest of the conclusion of the contract. The contractual partners are the guest and us. If a third party has ordered for the guest, he is liable to us together with the guest as joint debtor for all obligations arising from the contract.
3. Provision, handover and return of the holiday home
The holiday home is available to the guest from 3 p.m. on the agreed day of arrival. The guest is not entitled to earlier availability. On the agreed day of departure, the holiday home must be vacated and returned to us by 10.00 a.m. at the latest. In the event of late return, we may charge 50% of the full accommodation price (list price) for the additional use of the holiday home until 6.00 pm, and 100% of the full accommodation price (list price) for use after 6.00 pm. We reserve the right to claim further damages. The guest is at liberty to prove that we have incurred no or significantly lower damages.
4. Terms of payment
A binding booking is made after payment of 50% of the total tour price. The remaining payment is due no later than 4 weeks before the agreed check-in date (receipt of payment by us).
5. Cancellations
If a deadline has been agreed in writing between the guest and us, within which he can cancel his bookings free of charge, the guest is entitled to withdraw from the contract by written declaration to us by the end of the agreed deadline, without us being able to assert payment and / or compensation claims against him. If binding reservations are cancelled, we will charge the guest the following amounts: a) Full refund for cancellations made within 72 hours of completing the booking if the check-in date is at least 14 days in the future. b) 50% refund for cancellations made at least seven days before check-in. c) No refunds for cancellations made within seven days of check-in. We will endeavour to rent the unused holiday home to someone else if possible in order to avoid cancellations. If the holiday home is not used by the guest, we will offset the income from renting the holiday home to other parties and the expenses saved.
6. Liability of the guest
Any decoration material brought into the holiday home must comply with fire regulations. We are entitled to demand official proof of this. Due to possible damage to our building and / or inventory, the installation and attachment of objects must be agreed with us in advance. Any items brought along must be removed at the end of the rental period. If the guest fails to do so, we may remove and store the items at the guest's expense. The guest is liable for all damage to our building and/or inventory caused by him/herself, fellow travellers or visitors. We may require the guest to provide appropriate security (e.g. deposits).
7. Rights of cancellation of the lessor
If the right to cancel the rental free of charge within a certain period has been agreed in writing for the guest, we are entitled to withdraw from the contract during this period if there are booking requests from other guests for the holiday home and the guest does not make a firm booking for this period upon our request. Furthermore, we are particularly entitled to withdraw from the contract if force majeure or other circumstances for which we are not responsible make it impossible to fulfil the contract, if the holiday home is booked with misleading or false information about the guest's identity or the purpose of the rental, if the holiday home is sublet or rented to a third party for a purpose other than accommodation without our prior written consent. As soon as we have knowledge of the existence of the conditions for exercising the right of cancellation, we must inform the guest immediately whether we are exercising our right of cancellation. In the event of justified cancellation of the contract on our part, the guest shall have no claim to compensation.
8. Liability of the holiday home lessor
Claims for damages against us are excluded regardless of the type of breach of duty, including unauthorised acts, unless we can be accused of intentional or grossly negligent behaviour. In the event of a breach of material contractual obligations, we shall be liable for any form of negligence, but only up to the amount of the foreseeable damage. Should disruptions or defects occur in our services, we will endeavour to remedy the situation as soon as we become aware of them or upon immediate complaint by the guest. The guest is obliged to do what is reasonable to remedy the disruption and minimise any possible damage. In addition, the guest is obliged to inform us in good time of the possibility of exceptionally high damage occurring. We are liable to the guest for items brought into the holiday home in accordance with the statutory provisions (§ 702 BGB). The liability claims expire if the guest does not notify us immediately after becoming aware of the loss, destruction or damage (§ 703 BGB). Limitations and exclusions of liability shall not apply in the event of injury to life, limb or health for which we are responsible. Insofar as our liability is limited or excluded, this shall also apply to our employees, representatives and vicarious agents.
9. Data processing and data protection
The electronic processing of guest data is essential for proper business organisation and the provision of services in accordance with the contract. Our guest therefore expressly consents to such processing of their data.
10. Final provisions
These terms and conditions and the entire legal relationship between the guest and us shall be governed by substantive German law to the exclusion of the provisions of German international private law. If the guest is a merchant, a legal entity under public law or a special fund under public law, Dortmund shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The same applies if a guest fulfils the requirements of § 38 paragraph 1 ZPO and has no general place of jurisdiction in Germany. Should a provision in these terms and conditions be or become invalid, this shall not affect the validity of the other provisions in these terms and conditions.
