our terms and conditions
§ 1 . Validity of the General Terms and Conditions
(1) These General Terms and Conditions for Guest Accommodation apply to contracts for the rental of holiday apartments for accommodation, as well as all other services and deliveries provided by the provider for the guest. The provider's services are provided exclusively on the basis of these General Terms and Conditions.
(2) The subletting or further rental of the holiday apartment provided as well as its use for purposes 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 valid if the provider has expressly confirmed them in writing.
§ 2 . Accommodation contract
(1) The accommodation contract is concluded when the provider confirms the guest's booking request by telephone or in writing by post, email and/or fax and thereby accepts the booking (acceptance of the application).
(2) The contracting parties are the provider and the guest. If a third party has made the reservation on behalf of the guest, they are jointly and severally liable to the provider for all obligations arising from this contract, provided that the provider has received a corresponding declaration from the third party. (3) The guest is obligated to check the booking confirmation for accuracy. If the content of the booking confirmation differs from the booking request and the guest does not raise objections immediately, the content of the booking confirmation shall be deemed to have been contractually agreed.
§ 3 . Services, prices, payment, offsetting
(1) The provider is obligated to keep the holiday apartment booked by the guest ready and to provide the agreed services. The holiday apartment corresponds to the standard of an average rental apartment. The provider assumes a guarantee only for expressly promised features, but not for the subjective quality of the furnishings (e.g., ventilation). (2) The guest is obligated to pay the applicable or agreed prices of the provider for the use of the holiday apartment and any additional services used by the guest. This also applies to services requested by the guest and expenses incurred by the provider for third parties.
(3) All prices include the applicable statutory value added tax.
(4) The guest is obligated to provide truthful information regarding 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 in accordance with Section 2, Paragraph 1. Occupancy by a larger number of persons requires the prior written consent of the provider. In this case, the price for the rental of the holiday apartment will increase to the price generally charged by the provider for such occupancy.
5) If the period between conclusion of the contract and performance of the contract exceeds four months and the price generally charged by the provider for such services increases, the provider may increase the contractually agreed price appropriately, but by no more than 10%.
(6) Payment of the agreed price for the rental of the holiday apartment, as well as for any additional services agreed upon with the guest, is due no later than the day of arrival upon handover of the keys. Payment must be made in cash at this time, unless the provider has expressly agreed to another payment method with the guest. EC and credit cards are not accepted as payment methods on site.
(7) The provider reserves the right to request an appropriate advance payment from the guest prior to arrival for the price agreed for the use of the holiday apartment as well as for any additional services agreed with the guest. If an advance payment is requested with the booking confirmation in accordance with Section 2 Paragraph 1, this is due by the 8th day after the booking confirmation is sent. If the provider is unable to record receipt of payment by the 8th day after the booking confirmation is sent, and if payment is not made even after the expiry of a reasonable grace period set by the provider with a threat of rejection, the provider is entitled to withdraw from the contract; the provider must notify the guest of this in writing. Section 5 Paragraph 3 shall then apply accordingly, with the proviso that the 8th day after the booking confirmation is sent as the date of cancellation.
(8) The guest may only offset a claim against a claim of the provider with an undisputed or legally established claim.
§ 4 . General rights and obligations; house rules
(1) The guest must treat the holiday apartment and its contents with care. The guest is obligated to comply with the house rules. Quiet hours are from 10:00 p.m. to 7:00 a.m. During this time, special consideration for fellow residents and neighbors is required. TV and audio equipment must be set to a minimum volume.
(2) For the duration of the rental of the holiday apartment, the guest is obliged to keep windows and doors closed when leaving the holiday apartment, to set all radiators to a low level and to switch off lights and technical devices.
(3) Pets of any kind are only permitted in the holiday apartment with the prior written consent of the provider. The provider may charge a reasonable surcharge for the accommodation of pets. If pets are accommodated without the provider's prior consent, the provider may charge a cleaning fee of up to €150.00.
(4) Smoking is prohibited in the holiday apartment. In case of violations, the provider may charge a cleaning fee of up to €150.00. Smoking is permitted only in the garden and entrance area/street.
(5) Internet use is permitted as long as it does not violate legal regulations. Criminal offenses (in particular, illegal downloads and page views) will be reported and prosecuted. The guest is solely liable for any illegal use of the Internet.
(6) The installation and/or attachment of decorative materials or similar items is not permitted in the holiday apartment. The guest is solely liable for any decorations or similar items that are installed and/or attached and indemnifies the provider against any claims by third parties. The guest is also obligated to compensate for any damage caused by the installation and/or attachment of decorations or similar items.
(7) The provider has the right of access to the holiday apartment at any time, particularly in cases of imminent danger. The legitimate interests of the guest must be taken into account when exercising this right of access. The provider will inform the guest in advance of the exercise of this right of access, unless this is unreasonable or impossible given the circumstances of the individual case.
§ 5 . Withdrawal from the contract (cancellation; cancellation)
(1) Any withdrawal by the guest from the contract concluded with the provider requires the written consent of the provider. If this consent is not obtained, the agreed price under the contract must be paid even if the customer does not use the contractual services. This does not apply in cases of default by the provider or an impossibility of providing the service for reasons attributable to the provider.
(2) The guest may withdraw from the contract without triggering any payment or compensation claims from the provider only if the guest and the provider have agreed in writing to withdraw by a specific date. This right of withdrawal expires if the guest does not exercise his right of withdrawal in writing to the provider by the agreed date, unless the provider is in default of performance or is responsible for the impossibility of providing the service.
(3) The guest is entitled to cancel up to 30 days before arrival without triggering any payment or compensation claims by the provider, otherwise according to the following conditions: Cancellation up to the amount of the overnight price to be paid
- 30 days before arrival 0%
- 22 to 29 days before arrival 20%
- 15 to 21 days before arrival 40%
- 10 to 14 days before arrival 50%
- 5 to 9 days before arrival 80%
- < 5 Tage vor Anreise 100 %
Cancellations must be made in writing to the provider, unless the provider agrees to a verbal cancellation. The cancellation date is the date the cancellation is received by the provider.
(4) If the holiday apartment is not used by the guest, the provider must take into account the income from renting the apartment to other parties and the expenses saved.
(5) If the guest does not arrive by 10:00 PM on the day of arrival at the latest, or by 60 minutes after a later time agreed in accordance with Section 7, Paragraph 1, without having cancelled, the contract shall be deemed cancelled. Paragraph 3 shall apply accordingly. In addition, the provider may charge the guest an administration fee of €100.00.
(6) If a right of withdrawal of the guest within a certain period of time has been agreed in writing in accordance with paragraph 2, the provider is entitled to withdraw from the contract during this period if other guests request the contractually booked holiday apartment and the guest does not waive his right of withdrawal upon request from the provider.
(7) Furthermore, the provider is entitled to withdraw from the contract or to terminate it extraordinarily for objectively justified reasons, for example if:
a) force majeure (e.g. flood) or other circumstances beyond the provider’s control make the fulfilment of the contract impossible,
b) the holiday apartment was booked under misleading or false information regarding essential facts, e.g. regarding the identity of the guest or the purpose or occupancy or the accommodation of animals,
c) the holiday apartment is used for purposes other than residential purposes,
d) the provider has reasonable grounds to believe that the use of the service will endanger the safety or peace of other guests or neighbors or the reputation of the provider in the public eye, without this being attributable to the provider's sphere of control or organization.
(8) The provider must immediately notify the guest of the exercise of the right of withdrawal or termination. In cases referred to in paragraph 7 a), the provider must immediately refund any rental payments and/or advance payments already made. In the event of a justified withdrawal or termination by the provider, the guest is not entitled to compensation. The guest must compensate the provider for all damages for which he or she is responsible due to a withdrawal or extraordinary termination in accordance with paragraph 7.
§ 6 . Liability; Limitation Period
(1) The provider is liable for its obligations under the contract. Liability is limited to intent and gross negligence on the part of the provider, unless and to the extent that the provider is not necessarily liable without limitation under statutory provisions. Should disruptions or defects in the provider's services occur, the provider will endeavor to remedy the disruption or defect upon becoming aware of them or upon immediate notification by the guest. The guest is obligated to contribute what is reasonable to remedy the disruption or defect and to minimize any potential damage.
(2) The provider is not liable for items brought into the apartment by the guest; these items are not considered items brought into the apartment within the meaning of Sections 701 et seq. of the German Civil Code (BGB). The provider's liability under these provisions is therefore expressly excluded. This also expressly applies to valuables that the guest keeps and/or leaves behind in the apartment.
(3) The guest is liable for all damages that he/she, his/her fellow travelers, or his/her visitors have culpably caused in the holiday apartment building, in the holiday apartment, and/or to the holiday apartment's inventory. Private liability insurance is recommended for the guest. The guest is obligated to report any damage to the provider immediately. This applies in particular to damages that may also affect other apartments in the building (e.g., water damage, fire damage).
(4) Claims by the guest shall expire after six months, unless the provider is liable for intent. Claims by the provider shall expire within the respective statutory period.
§ 7 . Arrival and Departure, Key Handover; Late Evacuation
(1) The holiday apartment is generally available from 3:30 p.m. on the day of arrival. Arrival must be by 10:00 p.m. unless a later arrival time is expressly agreed upon with the provider in advance. Arrival before 3:30 p.m. is also only possible if this has been expressly agreed upon with the provider in advance.
(2) If the arrival is agreed between 22:00 and 8:00 and takes place during this time, a surcharge of 30.00 Euro will be charged.
(3) The guest is obliged to present his/her valid identity card or passport to the provider upon arrival.
(4) The provider may request a security deposit of €150.00 upon arrival. The provider will refund this deposit upon timely vacating the holiday apartment and returning all keys on the day of departure, unless otherwise agreed with the guest and provided 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 its furnishings, the guest must pay the required amount of compensation in cash on site (Section 249 (2) of the German Civil Code).
(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 the holiday apartment, the provider is entitled to an additional payment from the guest.
This is
a) €25.00 for eviction after 10:30 a.m. but before 1:00 p.m.;
b) €50.00 for eviction between 1 p.m. and before 6 p.m.
thereafter 100% of the agreed overnight price/night for a.
In addition, the provider is entitled to compensation for any further damages incurred as a result of delayed eviction.
6) The vacancy pursuant to paragraph 4 shall only be deemed completed when all keys have been returned to the provider or their representative. If this has been expressly agreed upon with the provider in advance, the guest may leave all keys on the table in the holiday apartment and close the apartment door or leave them in the mailbox. The guest is obligated to ensure that the apartment door is properly closed.
(7) In case of loss of one or more keys, the guest shall pay the provider compensation for the replacement of the keys 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 must be made in writing. Unilateral changes or additions by the guest are invalid.
(2) The place of performance and payment is Bad Schandau, Germany. The place of jurisdiction for tenancy law is Pirna. The general place of jurisdiction is Dresden.
(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 intended solely for the personal use of the guest. Commercial use
by third parties is expressly prohibited.
(5) 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 most closely approximates the purpose of the provision to be replaced.
Otherwise, the statutory provisions apply.