General Rental Conditions - Status 26.05.2020
1. subject of the contract
The rental agreement for the holiday accommodation described below is binding. The accommodation is rented to the tenant for the stated contract period exclusively for use for holiday purposes and may only be occupied by the maximum number of persons stated in the rental contract.
2. rental period
On the day of arrival, the Lessor shall place the rented property at the disposal of the Lessee in the condition stipulated in the contract. Arrival and departure times are either stated in the booking confirmation or must be clarified individually.
3. down payment
After booking the rental object, the tenant receives a down payment invoice amounting to 10% of the total rental amount with a payment term of 7 days. The rental object is not bindingly reserved until the advance payment arrives on the landlord's account. If the payment deadline is not met, the landlord will try to sublet the apartment. Any claim for damages against the tenant or remains valid until a rental agreement with a new tenant has been concluded.
4. withdrawal by the tenant
The hirer may withdraw from the trip at any time before the start of the trip. The declaration of withdrawal should be made in writing for reasons of security of evidence. If the tenant withdraws from the rental contract, he has to pay a lump-sum compensation for the expenses already incurred by the landlord and the lost profit in the following amount: From the date of booking a cancellation is free of charge
- up to 40 days before the start of the journey 10 % of the price of the journey,
- up to 30 days before the start of the journey 30 % of the price of the journey,
- up to 14 days before the start of the journey 50 % of the travel price,
- up to 7 days before the start of the journey, non-arrival or early departure 100% of the price of the journey.
The Lessee reserves the right to prove that the Lessor has not incurred any damage or has incurred considerably less damage. In the event of withdrawal from the contract, the Lessee may name a substitute Lessee who is prepared to take over the existing contractual relationship in his place. The Lessor may object to the entry of the third party if the third party appears to be economically or personally unreliable. If a third party enters into the rental agreement, he and the previous Lessee shall be jointly and severally liable to the Lessor for the rental price and the additional costs incurred by the entry of the third party. The conclusion of a travel cancellation insurance is recommended to the tenant.
5. termination by the landlord
The Lessor may terminate the contractual relationship before or after the start of the rental period without notice if the Lessee does not make the agreed payments (down payment, balance payment and security deposit) on time despite a prior reminder or otherwise behaves contrary to the contract to such an extent that the Lessor cannot reasonably be expected to continue the contractual relationship. In this case, the Lessor may demand compensation from the Lessee for the expenses incurred up to termination and for lost profits.
6. cancellation of the contract due to extraordinary circumstances
The rental agreement may be terminated by either party if the fulfilment of the agreement is considerably impeded, endangered or impaired as a result of force majeure unforeseeable at the time of conclusion of the agreement. Both contracting parties are released from their contractual obligations. However, they must reimburse the other party for any services already rendered.
7. duties of the renter
The tenant undertakes to treat the rented property including the inventory with all due care. The tenant is liable to pay compensation for culpable damage to furnishings, rented rooms or the building as well as the installations belonging to the rented rooms or the building if and insofar as it is culpably caused by him or his companions or visitors. Unless the tenant himself is obliged to remedy the damage in the rented rooms, he shall notify the landlord or a designated contact point (property management) immediately. The tenant shall be liable to pay compensation for any consequential damage caused by failure to notify the landlord in good time. No waste, ashes, harmful liquids or similar may be disposed of in the sewerage system. If blockages occur in the sewer pipes due to non-compliance with these regulations, the party responsible shall bear the costs of repair. In the event of any malfunctions occurring in the equipment and facilities of the rental property, the lessee is obliged to do everything reasonable himself to contribute to remedying the malfunction or to keep any damage that may occur to a minimum. The lessee is obliged to inform the lessor or the property management immediately about defects of the rental object. If the lessee fails to do so, he shall not be entitled to any claims for non-performance of the contractual services (in particular no claims for a reduction in rent).
8. liability of the lessor The lessor is liable for the correctness of the description of the rental property and is obliged to provide the contractually agreed services properly and to maintain them throughout the rental period. The Lessor's liability for property damage in tort is excluded, unless it is based on an intentional or grossly negligent breach of duty by the Lessor or his vicarious agent. The lessor is not liable in cases of force majeure (e.g. fire, flood, etc.)
9. animal husbandry
Animals of any kind are not allowed in the accommodation.
10. corona exclusion conditions for accommodation
In the following cases you are not allowed to move into our apartment or to end your stay:
- If you have had contact with COVID-19 cases in the 14 days prior to arrival.
- If you have unspecific general symptoms and respiratory symptoms of any severity.
- If you develop symptoms during your stay, you must isolate yourself immediately and are not allowed to enter common areas. You must end your stay as soon as possible.
11. amendments to the contract
Collateral agreements, amendments and supplements to the contract must be made in writing.
12. house rules
The tenants are requested to show mutual consideration. In particular, disturbing noises, namely loud door slamming and such activities which annoy the co-inhabitants by the noise generated and impair the domestic peace and quiet, are to be avoided.
13. choice of law and place of jurisdiction German law shall apply, place of jurisdiction is Garmisch-Partenkirchen. The local court in whose district the defendant has its general place of jurisdiction shall be responsible for all disputes arising from this contractual relationship. For legal actions of the lessor against merchants, legal entities under public or private law or persons who do not have a general place of jurisdiction in Germany or who have moved their domicile or usual place of residence abroad after the conclusion of the contract or whose domicile or usual place of residence is unknown at the time the action is filed, the domicile of the lessor is agreed as the exclusive place of jurisdiction.
