General Terms and Conditions for Your Holiday Apartment (GTC)
Table of Contents
§ 1 Definitions
§ 2 Booking/Booking Confirmation
§ 3 Payment Conditions
§ 4 Arrival and Departure
§ 5 Holiday Apartments
§ 6 Pets
§ 7 Stay
§ 8 Cancellation
§ 9 Cancellation by the Landlord
§ 10 Landlord's Liability
§ 11 Permission to Use Internet Access via Wi-Fi
§ 11.1 Access Data
§ 11.2 Dangers of Wi-Fi Use, Limitation of Liability
§ 12 House Rules, General Rights and Obligations
§ 13 Place of Jurisdiction
Scope of the GTC
(1) These General Terms and Conditions apply to contracts for the rental of holiday apartments for accommodation, as well as all other services and deliveries provided to the guest by [Name of your holiday rental company]. The services of [Name of your holiday rental company] are provided exclusively on the basis of these General Terms and Conditions.
(2) Subletting or reletting the provided vacation apartment, as well as its use for purposes other than residential purposes, requires our prior written consent.
(3) The guest's terms and conditions shall only apply if previously agreed upon. Deviations from these terms and conditions are only effective if expressly confirmed in writing by us.
§ 1 Definitions
a) The term "Jutta and Reiner Obrecht Ferienwohnungen," "we," "us," or "our" refers to Jutta and Reiner Obrecht Ferienwohnungen.
b) The term "Jutta and Reiner Obrecht Ferienwohnungen" refers to our website http://obrecht.de.
c) The term "Services" refers to all services provided by Jutta and Reiner Obrecht Ferienwohnungen from time to time, including, but not limited to, receiving booking information through our booking and payment system, managing reservations and payments, responding to customer inquiries through our reservation system, and managing content on third-party channels through our Channel Manager.
d) The term "Customer" refers to either: a) the individual making a booking on their own behalf; or b) the organization with which the individual makes a booking on behalf of an organization. e) The term "Booking" refers to any booking made by the Customer on our website or through another internet portal.
f) The term "Property" refers to any form of accommodation, building, houseboat, apartment, room, apartment block, house, or other residential or rental space displayed by the Customer or a third-party channel and offered for rental through the Services.
g) The term "Content" means text, graphics, images, music, software, audio, video, information, or any other form of data.
h) The term "Customer Content" refers to content provided by the Customer as part of using the Services, including but not limited to other information.
§ 2 Booking/Booking Confirmation
All booking requests must be made via our website http://obrecht.de, by email to reiner@obrecht.de, by phone at +49 172 642 05 05, or via one of the online portals Booking.com, Airbnb, or HomeToGo. Requests made via any other method, such as social media channels, will not be considered. If we can offer you the vacation rental for your desired period, we will send you a written confirmation and an invoice by email or mail. Your booking is legally binding upon receipt of the booking confirmation and after the deposit has been paid (see § 3 Payment Conditions).
§ 3 Payment Conditions
Your booking becomes valid upon receipt of payment. Payment of the rental agreement must be made within 8 days of receipt of the invoice. If the payment deadlines are not met, Jutta and Reiner Obrecht Ferienwohnungen may withdraw from the contract. Non-payment is considered a withdrawal and entitles the tenant to re-let the property. Additional costs for electricity, water, parking, and waste disposal are not charged, but a flat rate for final cleaning is charged.
§ 4 Arrival and Departure
On the day of arrival, the apartment is available from 4:00 PM unless otherwise agreed. For arrivals after 8:00 PM, a surcharge may be charged. The guest will receive information about key handover via email one day before arrival. Claims for damages cannot be asserted if, exceptionally, the apartment cannot be occupied promptly by 4:00 PM.
On the day of departure, the apartment must be vacated by 10:00 AM. If the guest wishes to depart late, this should be arranged with us in advance. For a later departure without prior arrangement, an additional night will be charged. If the apartment or room is rented to a third party on the same day,
If the guest does not arrive by 11:00 PM on the day of arrival and does not contact us, the contract is considered terminated. Jutta and Reiner Obrecht Holiday Apartments or our representative may then freely dispose of the property.
Rent refunds due to early departure or no-show are generally not possible. The apartment must be left in a clean and tidy condition on the day of departure. Dishes, glasses, etc. must be cleaned and put away, trash cans emptied, and the refrigerator emptied. If the apartment is not left as requested, you may be charged.
§ 5 Holiday Apartments
The holiday apartment will be handed over by us in a tidy and clean condition with a complete inventory. If you notice any defects during your stay, you are obligated to notify us immediately. The guest is liable for any damage caused to the rental property and its inventory, e.g., broken dishes, damage to the floor, or furniture. This also includes the cost of lost keys. The inventory must be treated with care and attention and is intended for use only in the holiday apartments. Moving furnishings, especially beds, is prohibited. The guest is also liable for the negligence of their fellow travelers. Damage caused by force majeure is excluded. In the event of use of the holiday apartment in breach of contract, such as subletting, overcrowding, disturbance of the peace, etc., the contract can be terminated without notice, and the guest must vacate the apartment. The rent already paid remains with Jutta and Reiner Obrecht Ferienwohnungen.
§ 6 Pets
Pets of any kind are only permitted in the holiday apartment with the prior written consent of the provider. A reasonable surcharge of €10.00 to €25.00 per day will be charged for the accommodation of pets. If pets are accommodated without the prior consent of the provider, the provider may charge an additional cleaning fee of up to €100.
§ 7 Stay
The holiday apartment may only be used by the persons listed in the booking. If the apartment is used by more people than agreed upon, a separate fee of €16 per night must be paid for these persons. Jutta and Reiner Obrecht Ferienwohnungen also reserves the right to terminate the contract without notice in this case. Subletting and transferring the apartment to third parties is not permitted. The guest agrees to the general terms and conditions and the house rules of the holiday apartments. Consent is given upon check-in. In the event of violations of the general terms and conditions or the house rules, Jutta and Reiner Obrecht Ferienwohnungen reserves the right to terminate the rental agreement immediately and without notice. There is no legal right to reimbursement of the rent or compensation.
§ 8 Cancellation
In the event of cancellation, the guest is obligated to pay a portion of the agreed price as compensation. Cancellation must be made in writing. The amount of compensation depends on the rate and cancellation policy under which the booking was made.
§ 9 Cancellation by the Landlord
In the event of a cancellation on our part due to force majeure or other unforeseeable circumstances (such as an accident or illness of the host), as well as other circumstances beyond our control that make fulfillment impossible, liability is limited to the reimbursement of costs. In the event of a justified cancellation, the customer is not entitled to compensation - liability for travel and hotel costs is not assumed. Jutta and Reiner Obrecht Ferienwohnungen can cancel after booking or the start of the rental period without notice.
§ 10 Landlord Liability
Jutta and Reiner Obrecht Ferienwohnungen is liable for the proper provision of the rental property within the scope of its duty of care. Liability for any failures or disruptions in the water or electricity supply, as well as events and consequences caused by force majeure, is hereby excluded.
§ 11 Permission to Use Internet
Access via Wi-Fi Jutta and Reiner Obrecht Ferienwohnungen maintains Wi-Fi internet access in its holiday apartment. They permit the guest to share the Wi-Fi internet access for the duration of their stay in the holiday property. The tenant is not entitled to permit third parties to use the Wi-Fi. Jutta and Reiner Obrecht Ferienwohnungen does not guarantee the actual availability, suitability, or reliability of the internet access for any purpose. The tenant is entitled at any time to permit additional co-users for the operation of the Wi-Fi, in whole, in part, or temporarily, and to restrict or exclude the tenant's access, in whole, in part, or temporarily, if the connection is being or has been misused, to the extent that Jutta and Reiner Obrecht Ferienwohnungen fears legal action as a result and cannot prevent this with usual and reasonable effort within a reasonable time. Jutta and Reiner Obrecht Ferienwohnungen reserves the right, in particular, to block access to certain websites or services via the Wi-Fi at its reasonable discretion and at any time.
§ 11.1 Access Data
The Wi-Fi is used with secure access. The access data (login and password) may not be passed on to third parties under any circumstances. If the guest wishes to grant third parties access to the Internet via the Wi-Fi, this is subject to our prior written consent and the third party's acceptance of the terms of this User Agreement, documented by a signature and full identification. The guest undertakes to keep their access data confidential. Jutta and Reiner Obrecht Ferienwohnungen reserves the right to change access codes at any time.
§ 11.2 Dangers of Wi-Fi Use, Limitation of Liability
The guest is advised that the Wi-Fi only provides access to the Internet; virus protection and a firewall are not available. Data traffic generated using the Wi-Fi is unencrypted. The data may therefore be viewed by third parties. Jutta and Reiner Obrecht Holiday Apartments expressly points out that there is a risk that malware (e.g., viruses, Trojans, worms, etc.) may be transmitted to the device when using the Wi-Fi. Use of the Wi-Fi is at the guest's own risk. We assume no liability for damage to the tenant's digital media resulting from the use of the internet access, unless the damage was caused intentionally or through gross negligence by us and/or our vicarious agents.
§ 12 House Rules General Rights and Obligations
(1) The guest is obligated to comply with the house rules. Quiet hours apply from 10:00 PM to 7:00 AM. To avoid disturbances, 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 obligated to keep windows and doors closed when leaving the apartment.
(3) Smoking is generally prohibited in the holiday apartment. In case of violations, you may be charged a cleaning fee of up to €100 and may be terminated early. Smoking is only permitted outdoors. An ashtray is provided in front of the front door.
(4) Our on-site parking lot offers 8 parking spaces. Additional vehicles can be parked on Sauerbrunnen Street, facing the house. Please ensure that no vehicles obstruct the exit from our garage.
(5) Children up to 10 years of age are permitted to use the garden only under supervision and at their own risk. The dangers of the garden pond are expressly pointed out. Parents are responsible for their children.
(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. The guest is also obligated to compensate for any damage caused by the installation and/or attachment of decorations or similar items.
(7) Jutta and Reiner Obrecht Holiday Apartments 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. We will inform the guest in advance of the exercise of this right of access, unless this is unreasonable or impossible under the circumstances of the individual case.
§ 13 Place of Jurisdiction
The Weiden District Court shall have jurisdiction over any disputes arising from this contractual relationship.
