General Terms and Conditions - Holiday flat Schulz and Schiedung GbR
1. general
The accommodation rented by you is the property of Schulz und Schiedung GbR, 37441 Bad Sachsa (hereinafter also referred to as the landlord).
2. registrations/bookings
With your registration you make a binding offer to the landlord to conclude a rental contract for the intended holiday property. Your registration can be made verbally (in person or by telephone) or in writing (letter, fax, email, Internet). The rental contract is only concluded when the landlord confirms the booking. If you do not receive our booking confirmation within 7 days of your booking, please contact us immediately. Rental agreements made by telephone also require a written booking confirmation (which can also be sent by e-mail). This does not apply if the period between booking and arrival is less than 10 days and a written confirmation is no longer practical for time reasons. In this case, the telephone contract is also binding for both parties.
3. prices / additional costs
The agreed rental price includes all additional costs, e.g. for electricity, heating and water. Tourist tax, bed linen and towels are also included. You will find the total amount and payment details on your booking confirmation. These prices remain unchanged in any case if there are no more than 4 months between the conclusion of the rental agreement and the start of the rental period. If there are more than 4 months between the conclusion of the contract and the start of the rental period, the owner reserves the right to increase the price by a maximum of 10%. If this price increase is more than 10%, you are entitled to withdraw from the contract without incurring any costs. Cancellation must be made in writing no later than 10 days after receipt of the price change notice. Any advance payments already made will be refunded.
4. pets
Pets are not permitted.
5. payment
Upon receipt of the booking confirmation, payment in the amount stated therein is due within 7 days. If there are less than 10 days between the booking and the start of the rental period, the total amount is due immediately. The type of payment is determined by the agreements listed on the booking confirmation.
6 Complaints
Despite all efforts, it cannot be ruled out that there may be grounds for complaints in individual cases. These must be reported to the landlord immediately. If, in the event of a justified complaint, we are unable to rectify the problem within a reasonable period of time, you may assert claims for non-contractual fulfilment of the rental agreement. This must be done in writing. After this period has expired, claims can only be asserted if you were prevented from complying with the deadline through no fault of your own. A period of 1 month is agreed for the limitation of all claims due to non-contractual fulfilment of the tenancy agreement by the landlord. This period begins on the day of the contractually agreed end of the tenancy. Claims shall not arise if the rectification of the problem is directly and specifically made considerably more difficult, jeopardised, impaired or impossible as a result of force majeure, unforeseeable or unavoidable events.
7. replacement tenant
If, for compelling reasons, the tenant is unable to use the rented property himself as intended, he has the right to provide a replacement tenant until the contractual start of the rental period. However, this is subject to the condition that this intention is communicated to the landlord at the latest on the day before the start of the rental period, stating the exact details of the replacement tenant (name, address, number of persons). If a replacement tenant enters into the rental agreement, he and the previous tenant shall be liable to the landlord as joint and several debtors for the rental price and the additional costs incurred by the entry of the third party. The landlord may object to the change of tenant if there are reasons relating to the person of the replacement tenant and/or if statutory or official regulations conflict with this.
8. cancellation
The tenancy agreement concluded here is subject to tenancy law in accordance with the German Civil Code (BGB). You may withdraw from the rental agreement at any time up to one day before the start of the rental period.
9. data protection
The tenant agrees to the storage, modification and / or deletion of necessary personal data within the scope of the contract concluded with him. All personal data will be treated with absolute confidentiality,
10. general obligations of the tenant
The tenant undertakes to treat the rented property and its inventory with all due care. The tenant is liable to pay compensation for damage to furnishings, rented rooms or the building as well as to the facilities belonging to the rented rooms or the building if and insofar as it was caused by him or his accompanying persons or visitors. The tenant must notify the landlord immediately of any damage occurring in the rented premises, unless he is obliged to remedy the damage himself. The tenant shall be liable to pay compensation for any consequential damage caused by failure to notify the landlord in good time. Waste, ashes, hygiene articles, harmful liquids and similar items must not be thrown or poured into sinks, sinks and toilets. If blockages occur in the waste water pipes due to non-compliance with these regulations, the person responsible shall bear the costs of repair. In the event of any faults occurring in the systems and facilities of the rented property, the tenant is obliged to do everything reasonable to help rectify the fault or minimise any damage that may arise. The tenant is obliged to inform the landlord or, if applicable, the property management company immediately of any defects in the rented property. If the tenant fails to do so, he shall not be entitled to any claims for non-fulfilment of the contractual services (in particular no claims for rent reduction). The tenant is obliged to comply with the applicable house rules of the rented property. The house rules are displayed in the rented property. Sustained culpable violation of the house rules entitles the landlord to declare cancellation of the rental contract and to issue an immediate expulsion from the rented property. In this case, the tenant is not entitled to a refund of the rent, compensation or other payments. The tenant must adhere to the contractually agreed maximum number of tenants and fellow travellers should more than the registered number of people arrive, the landlord can refuse entry on site, in any case the fees per person/night will be charged plus a penalty fee of EUR 50.00 / person. On the day of departure, the tenant shall vacate the rented property and hand it over to the landlord in a swept clean condition. The tenant must carry out the following work himself: washing the dishes and emptying the waste bins and rubbish bins. If the rented property is excessively dirty or not swept clean, the landlord is entitled to charge the tenant EUR 25.00 per hour or part thereof for the additional costs of cleaning. The tenant must depart by 11.00 am. A later departure is only possible by prior arrangement.
11. cancellation/cancellation by the landlord
The landlord may cancel the rental agreement before or after the start of the rental period without notice if the tenant fails to make the agreed payments (down payment, final payment and deposit) on time despite a prior reminder or otherwise behaves contrary to the contract to such an extent that the landlord cannot reasonably be expected to continue the contractual relationship. In this case, the landlord can demand compensation from the tenant for the expenses incurred up to the cancellation and the loss of profit.
12 Liability of the landlord
The landlord is liable for the accuracy 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 landlord is not liable in accordance with § 536a BGB. The liability of the landlord for material damage arising from unauthorised action is excluded, unless it is based on an intentional or grossly negligent breach of duty by the landlord or his vicarious agent. The landlord is not liable in cases of force majeure (e.g. fire, flooding, etc.) and in the case of unforeseeable or unavoidable events.
13 Force majeure
If the performance of the contract is significantly impeded, jeopardised or impaired as a result of force majeure unforeseeable at the time of conclusion of the contract, both the customer and the lessor may terminate the contract. In this case, the corresponding application of the provisions of Section 651 j (1) and (2) BGB and the provisions referred to in these provisions is agreed. Excluded from this is a contract cancellation due to official measures in connection with infectious diseases (Covid-19 or similar). In this case, the flat-rate cancellation costs apply. The customer can rebook to a later travel date free of charge. Rental payments already made will be credited.
14. services not utilised
If you do not utilise the contractual services, in particular due to late arrival and/or early departure, due to illness or for other reasons for which the landlord is not responsible, there is no entitlement to a pro rata refund.
15. security deposit / deposit
A deposit will not be charged.
16. responsibility and exemption from claims for WLAN or WiFi use
The guest is responsible for the data transmitted via the WLAN, the chargeable services used and legal transactions carried out. If the guest visits chargeable websites or enters into liabilities, the resulting costs are to be borne by the guest. The guest is obliged to comply with the applicable law when using the WLAN. In particular, they shall: 1. not use the WLAN to retrieve or distribute immoral or illegal content; 2. not illegally reproduce, distribute or make accessible any goods protected by copyright; 3. observe the applicable youth protection regulations; 4. not to send or distribute any harassing, defamatory or threatening content; 5. not to use the WLAN to send mass messages (spam) and/or other forms of unauthorised advertising; 6. it is expressly forbidden to visit file-sharing websites, in particular to start music and/or film downloads via our Internet. The guest indemnifies the landlord from all damages and claims of third parties that are based on an illegal use of the WLAN by the guest and/or on a breach of this agreement; this also extends to costs and expenses associated with the claim or its defence. If the guest recognises or must recognise that such an infringement of the law and/or such an infringement exists or is imminent, the guest shall inform the landlord of this fact.
17. written form Cancellation, rebooking and change declarations should always be made in writing in the interests of both parties.
18. choice of law and place of jurisdiction German law shall apply.
The place of jurisdiction is Herzberg im Harz. For legal actions brought by the lessor against merchants, legal entities under public or private law or persons who have no general place of jurisdiction in Germany or who have moved their domicile or usual place of residence abroad after conclusion of the contract or whose domicile or usual place of residence is not known at the time the action is brought, the administrative headquarters of the lessor is agreed as the exclusive place of jurisdiction.
