GENERAL TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS OF ACCOMMODATION
or HOLIDAY FLAT ZIRBENBLUETE and HOLIDAY HOUSE BERGVAGABUND

§1 Validity of the General Terms and Conditions
These general terms and conditions apply to the temporary rental of the Zirbenbluete holiday flat or the Bergvagabund holiday home (hereinafter referred to as holiday properties) as well as all other services and deliveries provided by the landlord for the guest (hereinafter referred to as tenant).
The landlord’s services are provided exclusively on the basis of the offer made and these general terms and conditions.
The Lessee’s terms and conditions shall only apply if they have been agreed in advance. Deviations from these terms and conditions shall only be effective if the lessor expressly confirms them in writing.
All pictures and descriptions, except for seasonal decoration, reflect the best possible condition of the holiday properties. Should there be minor changes in the rented property, this is not a reason for cancellation or reduction on the part of the tenant.

§ 2 booking, booking confirmation and accommodation contract
If the desired holiday property can be made available in the desired period, the tenant receives a written booking confirmation for the booked holiday property.

The reservation for the holiday property is legally binding upon receipt of the booking confirmation and after the deposit has been paid (see §3) and confirmation of the terms and conditions. The tenant’s declaration of consent to the house rules is also confirmed with the down payment. The accommodation contract is hereby concluded. The tenant is obliged to check the booking confirmation for correctness.

The holiday property may only be used by the people listed in the booking and the number of people confirmed by the landlord. The admission of further people is possible up to the maximum permissible occupancy and must be communicated to the landlord prior to arrival. The fee per additional person is based on the rental price of the property. Renting / occupying the maximum number of people specified is expressly prohibited and, in the event of non-compliance, can lead to immediate termination of the rental relationship at the expense of the tenant.

§ 3 Prices, terms of payment, deposit and tourist tax
The prices offered are gross prices including VAT. The booking amount results from the items rental price, tourist tax and, if applicable, from the optional additional services. The rental price includes the one-time final cleaning fee, costs for water, heating and electricity as well as the included services. The booking amount for the respective holiday accommodation can vary depending on the season, length of stay, number of people and, if applicable, additional services. Optionally booked additional services as well as the local tourist tax are shown separately. All prices are supplied without liability.

A deposit of the invoice amount in the amount of 30% of the total amount must be transferred to the specified bank or PayPal account within 5 calendar days of the booking confirmation. Otherwise the reservation and booking confirmation is invalid and no longer binding on the part of the landlord.

The remaining payment is to be paid no later than 30 days before arrival. For short-term bookings (< 30 days) the entire invoice amount is to be paid immediately after the booking confirmation.

The keys can only be handed over (in person or via the key box) if the agreed booking amount has been paid in full prior to departure (30 days prior to arrival).

In the event of default in payment of the remaining amount, we are entitled to invoice the applicable statutory default interest and dunning costs. The tenant bears the costs of payment, especially in the case of bank transfers from abroad. We only accept payments by bank transfer or PayPal.

Additional services that are booked on site will be offset against a separate invoice in cash or with the respective property deposit on departure.

The deposit and the tourist tax are due when the keys are handed over and must be paid in cash. In the case of late check-in via key box, payment is made the following day.

The landlord charges a security deposit of 350 euros for the Bergvagabund holiday home or 200 euros for the Zirbenblete holiday flat.

The deposit payment serves as a financial security deposit that is used in the event of any damage to the property and inventory. The deposit will be handed over immediately upon departure if it is handed over without any complaints.

The community of Schoenau am Koenigssee levies a visitor’s tax. The respective conditions can be viewed on the municipality website or on our website.

§ 4 Travel cancellation, cancellation costs and rebooking
If the tenant withdraws from the rental agreement, he is obliged to pay part of the agreed price as compensation. A cancellation must be made in writing. The amount of the compensation depends on the time up to the day of arrival and is calculated as follows:

a. no cancellation fees up to 2 months before the day of arrival
b. up to 1 month before the day of arrival 50% of the agreed price
c. up to 2 weeks before the day of arrival 90% of the agreed price.
If you do not arrive 100% of the agreed price.

The tenant has the right to provide a deputy for the period booked. In this case there is a processing fee of € 10.

It is recommended that you take out travel cancellation insurance.

Up to 2 months before arrival, bookings may be changed by the tenant by arrangement, if necessary for a surcharge, provided that the properties are available. Rebookings under 2 months are associated with specific rebooking costs, which are based on the costs of the cancellation deadlines and the new booking period.

§ 5 Cancellation by the landlord
In the event of a cancellation by the landlord, as a result of force majeure or other unforeseeable circumstances (such as an accident or illness of the host, prohibition of accommodation by regulations) as well as other circumstances that are beyond our control and make fulfillment impossible, liability is limited to the reimbursement the booking payments incurred so far. In the event of a justified withdrawal, the customer has no right to compensation. Liability for travel and hotel costs is not accepted. A resignation by the landlord can take place after the start of the rental without observing a deadline, provided that the tenant and his fellow travelers disturb persistently despite a warning or behave contrary to the contract (against the terms and conditions / house rules) to such an extent that the immediate cancellation of the rental contract is justified. There is no legal claim to repayment of the rent or compensation.

§ 6 Arrival and departure
The holiday property is available from 3 p.m. on the day of arrival. To collect the keys, please contact us about 1 hour before your arrival by phone or via WhatsApp.

If you arrive after 9:00 p.m., this must be discussed in advance. A check-in then takes place through a key box. The instruction by the landlord takes place promptly or by arrangement on the following day.

Claims for damages cannot be asserted if, as an exception, the holiday property cannot be occupied punctually at 3:00 p.m.

The holiday property must be vacated by 10 a.m. on the day of departure. Thereafter, the landlord can charge the daily room rate for the additional use of the room in addition to the damage he incurs. The tenant is free to prove to the accommodation facility that it has suffered no or significantly less damage.

The apartment must be left swept clean. The dishes, glasses, etc. must be cleaned and put away, the trash cans emptied and the refrigerator must be cleared out.

The landlord will reimburse the security deposit in cash if the property is vacated in good time and after checking the respective objects against the inventory list, handing over all keys and guest cards on departure, provided that the tenant is not responsible for any damage.

Should the cleaning exceed the usual level, the tenant will pay these additional costs at € 60 per hour or part thereof. This amount will be deducted directly from the deposit.
In the event of early departure, there is no entitlement to a refund of the pro rata rental price.

§ 7 Liability of the lessor
The landlord is liable within the framework of the due diligence of a prudent businessman for the proper provision of the rental property, which is handed over in a clean condition with complete inventory. Liability for possible failures or disruptions in the water or power supply or failure of any electrical devices as well as events and consequences due to force majeure are hereby excluded. However, the landlord is obliged to act within the scope of his possibilities in order to have the original condition or operational capability restored as quickly as possible.

The tenant can also be unexpectedly exposed to noise from construction work, traffic or the like in holiday areas. The landlord cannot be held responsible for this.

Claims of the guest for comepensation are excluded.

The landlord is not liable for the tenant’s (and fellow travelers) valuables in the event of theft, water damage or fire.

Liability on the part of the landlord for the use of the play and sports equipment provided, as well as gas grill or other electrical equipment is excluded.

If the tenant is provided with a free parking space in a car park of the holiday property, this does not constitute a custody agreement. The landlord is not obliged to monitor the parking space. In the event of loss of or damage to parked or manoeuvred motor vehicles and their contents, the Landlord shall only be liable in the event of intent or gross negligence on his part.

§ 8 House rules, tenant obligations and general rights
A guest folder containing the detailed house rules is available in every property. The house rules can also be viewed on the website. The tenant is obliged to comply with the house rules by accepting our general terms and conditions.

The tenant is obliged to keep windows and doors closed when leaving the holiday flat for the duration of the rental period.

Duty of care on the part of the tenant. Should defects exist or occur during the rental period, the landlord must be informed immediately, otherwise the tenant may be held liable. The tenant shall be liable for any damage caused by him to the rented property, the inventory, damage to the floor or to the furniture. This also includes the costs for lost keys In the case of a lost key (a cylinder lock with 3 keys), a flat rate of 80.00 euros will be charged and offset directly against the deposit.

The inventory is to be treated with care and is only intended to remain in the holiday properties. The moving of furnishings, especially beds, is prohibited. The tenant is also liable for the fault of his fellow travellers. Damage caused by force majeure is excluded from this. 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.

The contract may be terminated without notice in the event of use of the holiday accommodation contrary to the terms of the contract. The rent already paid shall remain with the landlord. In the event of grossly negligent behaviour on the part of the tenant or fellow travellers, a house ban may be imposed by the manager

Complaints concerning the tenant’s stay must be made in writing by the landlord within one month of departure in accordance with § 651g 1 BGB.

Smoking is prohibited in the holiday properties. In case of contravention, the landlord may charge a cleaning fee of up to 100.00 Euro (net). Smoking is permitted in the outdoor area/garden.

The accommodation of pets of any kind is not permitted in the holiday properties.

The landlord has the right of access to the holiday objects at any time, especially in case of imminent danger. The tenant will be informed about the exercise of the right of access.

§ 9 Wireless network / Internet Use
The Landlord maintains internet access via wireless network in his holiday property. The use of the internet connection is free of charge for the tenants. The use of the internet is within the scope of permissible and legal regulations. This means, for example; neither retrieval nor dissemination of immoral or illegal content, no unlawful dissemination, reproduction or access to copyrighted goods; applies in particular in connection with the use of illegal file sharing programmes (uploads/downloads), as well as no sending or dissemination of harassing, defamatory or threatening content. No sending of mass messages (spam) and/or other forms of inadmissible advertising are permitted, in particular the applicable youth protection regulations must be observed.

The tenant and his fellow travelers hereby undertake to recognize them and are held liable in the event of non-compliance.

This is a voluntary additional service, i.e. not a guaranteed characteristic of the holiday flat in the sense of travel law.

The landlord does not guarantee the actual availability and reliability of the internet access. Accordingly, no rent reduction can be claimed in the event of failure of the system or parts thereof or of a router.
The landlord shall be entitled at any time to restrict or exclude the tenant’s access in whole, in part or temporarily if the connection is used in an illegal manner.

The use is made by means of access protection. The access data (login and password) may not be passed on to third parties under any circumstances. The landlord has the right to change access codes at any time.

Tenants are advised that the WLAN only provides access to the Internet; virus protection and firewalls are not available. The data traffic established using the WLAN is not encrypted. The use of the WLAN is at the tenant’s own risk.

The tenant(s) indemnify the landlord of the holiday property against all damages and claims of third parties which are based on an illegal use of the wireless network by the tenant and/or on a violation of this agreement. In the event of infringements, the tenants’ data will be handed over and forwarded to the competent authorities.

The landlord shall not be liable for any damage to the tenants’ digital media caused by the use of the internet access.

§ 10 Force majeure
If a rental and/or guaranteed arrival cannot be guaranteed as agreed due to force majeure (e.g. water, storm or fire damage) or other unforeseeable events, Alpentraum is entitled to terminate the rental contract without notice. Claims for damages are excluded in this case.

§ 11 Data protection
The data provided by the tenant will be processed by the landlord for internal analyses, but will not be passed on to third parties in accordance with the existing data protection regulations, unless this is necessary for the execution of the contract.

§ 12 Note on COVID-19
We would like to point out that it is the responsibility of the Lessee to implement the official instructions in his federal state/county/city district on his own responsibility. If the hirer’s home town is declared a risk area, travel is only possible if the relevant requirements for entry into Bavaria are met.

§ 13 Written form
There are no agreements other than those listed in this contract. No verbal agreements have been made. The General Terms and Conditions are accepted with the transfer of the deposit.

§ 14 Severability clause
Should one or more provisions of these General Terms and Conditions become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision which comes as close as possible to the economic purpose of the invalid provision.

§ 15 Jurisdiction
German law shall apply. For any disputes arising from the contractual relationship, the local court of Laufen shall have jurisdiction.

§ 16 Right of revocation
If the customer is a consumer, he/she has a statutory right of withdrawal when concluding a distance selling transaction or a contract concluded outside business premises, and is hereby informed of this in accordance with the statutory model below:

Right of withdrawal
You have the right to revoke this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the date of the reservation.
To exercise your right of cancellation, you must inform the landlord (Andrea Austen, In der Artenreit 2, 83471 Schönau a. K. or e-mail: info@relaxing-koenigssee) of your decision to cancel this contract by means of a clear declaration (e.g. a letter or e-mail sent by post).
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you immediately and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.

§ 17 Dispute resolution
The EU Commission has created an Internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. More information is available at the following link: ec.europa.eu/consumers/odr.

We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

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