Service terms and conditions

§ 1 - General

The general terms and conditions apply to agreements for the rental of the holiday houses

1a. Am Heimesbach 1, 54649 Lauperath, consisting of approx. 130 m2 living area, 3 bedrooms, 2 bathrooms, a kitchen, a living-/dining room and a terrace, a wellness area with jacuzzi and sauna, hall and corridor,

1b. Mühle 1, 54673 Sevenig/Our, consisting of approx. 180 m2 living area, 3 bedrooms, 2 bathrooms, a kitchen, a living- / dining room, an studio attic, a terrace, a wellness area with jacuzzi and sauna, hall and corridor,

for accommodation and other services and supplies by the provider, exclusive for guests. This service is strictly provided on the basis of these terms and conditions.
Subletting or re-letting the rented holiday house and using it for purposes other than habitation, requires prior written permission from the provider.
The general terms and conditions of the guests only apply if agreed in advance. Deviations from these conditions are not valid, unless the provider has explicitly confirmed them in writing.

§ 2 - Accommodation agreement

The accommodation agreement is concluded when the provider confirms the guest’s booking request by phone or in writing by post, e-mail and/or fax and thus accepts the booking (acceptance of the request).
Contractual partners are the provider and the guest. If a third party has booked for the guest, he and the guest are fully liable to the provider for all obligations under this agreement, provided that the provider has a corresponding statement from the third party.
The guest is obliged to check the booking confirmation for correctness. If the booking confirmation differs in substance from the booking request and the guest has not objected to this, the content of the booking confirmation will be considered a contract and can’t be revoked or cancelled.

§ 3 - Services, prices, payment and settlement

The provider is obliged to have the holiday house booked by the guest ready and to provide the agreed services. The holiday house meets the equipment standard of a luxury home. The provider accepts liability only for expressly promised equipment features, but not for the subjective quality of the equipment.
The guest is obliged to pay the applicable or agreed prices of the provider for the rental of the holiday house and the other services used by them. This also applies to services and costs from the provider to third parties initiated by the guest.
All prices are included the VAT.
The guest is obliged to provide truthful information about the number of people staying in the holiday house. The holiday house is available for the maximum number of persons stated in the booking confirmation according to § 2 paragraph 1. For stays with an additional number of persons, prior written permission from the provider is required. The price for the rental of the holiday house increases to the price generally accepted by the provider if it is occupied.
When the period between the conclusion of the contract and the performance of the contract is more than four months, and the price that the provider normally charges for such services increases, the provider may increase the contractually agreed price appropriately, but not more that 10%.
Payment of the agreed price for the rental of the holiday house and for the other services agreed with the guest must be paid no later than the day of arrival, when the key and key code are handed over. When booking the holiday house, a deposit of 25% of the agreed rental price is due. It must be paid in cash at this point, unless the provider has expressly agreed to another payment method for the guest, i.e. by transfer. EC and credit cards are not accepted on site as a payment method.
The provider reserves the right to request an appropriate advance from the guest prior to arrival, 25% of the agreed price as well as the other services agreed with the guest. If a deposit is required with the booking confirmation in accordance with §2 paragraph 1, then this must be paid on the 8th day after sending the booking confirmation. In principle, a deposit is due. Only in exceptional cases, deviations can be made after prior consultation. If the provider has not received the payment on the 8th day after sending the booking confirmation, and if it’s not paid after a reasonable grace period set by the provider with threat of rejection, the provider has the right to withdraw from the contract. He must inform the guest of this in writing. In that case, § 5 paragraph 3 applies, taking into account that the 8th day after sending the booking conformation is the day of cancellation.
The guest can only set off another claim of the provider against an undisputed and legally established claim.

§ 4 - General rights and obligations / house rules

The guest must handle the holiday house and the inventory with care. The guest is obliged to observe the house rules.
In the rental house is a folder with the house rules, which must be fully followed and which are the subject of the general terms and conditions as well as the contract of the holiday house.
The provider has the right to access the holiday house at all times, especially in case of danger. The legitimate interests of the guest should be given due consideration when exercising the right of access. The provider will inform the guest in advance about the exercise of the right of access, unless this is unreasonable or impossible under the circumstances of the individual case.

§ 5 - Termination of the contract (cancellation)

Cancellation by the guest of the contract concluded with the provider, requires the written consent of the provider. If this isn’t done, the price agreed in the contract must be paid even if the guest doesn’t use the contractual services. This doesn’t apply in the event of delay in execution by provider of an impossibility of execution for the provider.
The guest can cancel the contract without the provider claiming payment of compensation, if the revocation has been agreed in writing between him and the provider on a certain date. This right of withdrawal of the guest lapses if he doesn’t notify the provider in writing on his right of withdrawal before the agreed date, unless there is a delay in the performance by the provider or an impossibility for him to perform.
Without payment of damage claim liability on the part of the provider, the guest owes 25% of the agreed rent as a refund request for a period of four weeks before departure. In case of cancellation during two weeks before the start of the trip, 100% of the agreed rent will be charged as a refund.
Cancellations must be made in writing to the provider, unless the provider agrees to a verbal cancellation. The day of cancellation is the day that the provider receives the cancellation.
In case a holiday house isn’t used by the guest, the provider has the income from renting the renting to other parties as well as the saved expenses.
If the guest doesn’t appear on the day of arrival at the latest of 10 p.m. or at the latest 60 minutes after a later agreed time in accordance with §5 paragraph 1 without having cancelled, the contract is deemed to have been cancelled. §5 paragraph 3 applies. In addition, the provider can charge the guest administration costs of € 100.00 (net).
If the cancellation of the guest has been agreed in writing within a certain period, according to §5 paragraph 2, the provider has the right to cancel the contract during this period if other guests have a request for the holiday house and the guest at request on the provider has not waived his right to cancel.
In addition, the provider has the right to withdraw or terminate the contract for an objectively justified reason, i.e. in case of force majeure or other circumstances not responsible for the provider that make it impossible to comply with the contract and/or the holiday house contains misleading or incorrect information about facts, i.e. in the person of the guest or the purpose of their visit or with regard to the accommodation of animals, and/or the holiday house is used for purposes other than habitation, and/or the provider has valid reasons to indicate assume that the use of the home, the safety or peace of mind of other guests or neighbours, or the reputation of the provider in public jeopardize, without this being due to the control or organisation of the provider.
The provider must immediately notify the guest of the exercise of the cancellation or termination right. In the cases of §5 paragraph 7, the provider must immediately repay the rental payments and/or advances made. In case of justified cancellation or justified termination by the provider, the guest is not entitled to compensation. The guest must compensate the provider for all damage for which he is responsible as a result of an extraordinary termination according to §5 paragraph 7.

§ 6 - Liability; prescription

The provider is liable for his obligations in the agreement. Liability is limited to intent and gross negligence on the part of the provider, if and in so far as there is no indispensable unlimited liability after the statutory provisions. If malfunctions or shortcomings in the providers services occur, the provider will make every effort to remedy the malfunction or shortcoming as soon as he becomes aware of this or as soon as the guest complains about it. The guest is obliged to do what is reasonable for him to remedy the malfunction or shortcoming and to limit any damage. The guest agrees to comply with hygiene regulations, especially in the wellness and sanitary area and to disinfect the sauna and jacuzzi only according to the instructions. The provider isn’t liable for infections or illnesses caused by the use of the wellness area.
The provider is not liable for items brought by the guest; they don’t qualify as a submitted item within the meaning of §701 ev BGB. Liability of the provider under these regulations is expressly excluded.
The guest is liable for all damage that he, his fellow travellers or his visitor(s) have caused to the holiday house and/or the inventory of the holiday house. Private liability insurance is recommended to the guest. The guest is obliged to immediately report any damage to the provider. This also applies, in particular, to damage that affects other parts of the house, such as water damage or fire damage.
Cancellations by the guest expire after six months, unless the provider is liable. Cancellations from the provider expire within the relevant legal period.

§ 7 - Arrival and departure; key handover, later departure

The holiday house is available from 4 p.m. on the day of arrival. Arrival must take place before 10 p.m., unless a later arrival time has been explicitly agreed with the provider in advance. Arrival before 4 p.m. is only possible if this has been explicitly agreed with the provider in advance.
If the arrival between 10 p.m. and 8 a.m. is approved, a surcharge of € 30.00 will be charged.
The guest is obliged to present a valid identity card or passport to the provider upon arrival.
The provider may request a deposit of € 350.00 upon arrival. The provider will cancel this deposit payment if the holiday house is left on time and the keys are returned on the day of departure, unless otherwise agreed with the guest and provided that no damage has been made by the guest. In case of additional damage to the holiday house and/or the inventory, the guest pays the amount required for the additional damage caused by cash (§ 249 paragraph 2 BGB).
On the day of departure, the guest must leave the holiday house no later than 10 a.m.. When the guest leaves the house later, the provider has the right of an additional payment from the guest. The additional payment is € 50.00 net if departure takes place between 10 a.m. and 1 p.m. and 100% of the agreed overnight price for departure after 1 p.m.. The provider is also entitled to compensation for all further damage caused by the delayed departure.
Departure according to §7 paragraph 4 will only take place once all keys have been handed over to the provider or his representative. If agreed in advance with the provider, the guest can leave the keys on the table in the holiday house and close the house. The guest is obliged to check that the doors are properly closed.
In the event of loss from one or more keys, the guest owes a fee to the provider for having new keys made or if necessary, installation of new locks.

§ 8 - Data protection

The personal data of the guest will not be passed on by the provider to third parties, unless this is necessary for the settlement of the agreement.

§ 9 - Final provision

Adjustments or additions to the agreement, acceptance of the application or these general terms and conditions must be submitted in writing. One-sided changes and/or additions by the guest are not valid.
This agreement is exclusively governed by the law of the Federal Republic of Germany.