General terms and conditions of business
AGB
§ 1 . Validity of the General Terms and Conditions
(1) These General Terms and Conditions for Guest Accommodation apply to contracts for the rental of holiday apartments for accommodation as well as all other services and deliveries provided by the provider for the guest.
Provider's transactions are carried out exclusively on the basis of these General Terms and Conditions.
(2) The subletting or further rental of the holiday apartment provided as well as its use for purposes other than residential purposes require the prior written consent of the provider.
(3) The guest's terms and conditions shall only apply if they have been agreed upon in advance. Deviations from these terms and conditions are only valid if the provider has expressly confirmed them in writing.
§ 2 . Accommodation contract
(1) The accommodation contract is concluded when the provider confirms the guest’s booking request by telephone or in writing by post, email and/or fax and thereby accepts the booking (acceptance of the application).
(2) The contracting parties are the Provider and the Guest. If a third party makes a booking on behalf of the Guest, they are jointly and severally liable to the Provider for all obligations arising from this contract, provided that the Provider has received a corresponding declaration from the third party.
(3) The guest is obligated to check the booking confirmation for accuracy. If the booking confirmation differs in content from the booking request and the guest does not raise objections immediately (within 24 hours), the content of the booking confirmation shall be deemed to have been contractually agreed.
§ 3 . Services, prices, payment, offsetting
(1) The provider is obligated to keep the holiday apartment booked by the guest available and to provide the agreed services. The holiday apartment meets the standard of an average rental apartment. The provider assumes a liability only for expressly promised features, but not for the subjective quality of the furnishings (e.g., ventilation).
(2) The guest is obligated to pay the applicable or agreed prices of the provider for the rental of the holiday apartment and any additional services used by the guest. This also applies to services and expenses arranged by the guest.
of the provider to third parties.
(3) The guest is obligated to provide truthful information regarding the number of persons occupying the holiday apartment. The holiday apartment is available for a maximum of the number of persons stated in the booking confirmation pursuant to Section 2, Paragraph 1.
Occupancy by a larger number of persons requires the prior written consent of the provider. In this case, the price for the rental of the holiday apartment will increase to the price generally charged by the provider for such occupancy.
(4) If the period between conclusion of the contract and performance of the contract exceeds four months and the price generally charged by the provider for such services increases, the provider may increase the contractually agreed price appropriately, but not more than
but increase by 10%.
(5) Payment of the agreed price for the rental of the holiday apartment as well as for any additional services agreed with the guest is due no later than the day of arrival upon handover of the keys. Payment must be made in cash at this time, unless
The provider has expressly agreed to a different payment method with the guest. EC and credit cards cannot be accepted as payment methods on site.
(6) The provider reserves the right to request an appropriate advance payment from the guest prior to arrival for the agreed price for the rental of the holiday apartment as well as for any additional services agreed with the guest.
If advance payment is requested with the booking confirmation in accordance with Section 2 Paragraph 1, this is due on the 8th day after the booking confirmation has been sent. If the provider cannot receive payment by the 8th day after the booking confirmation has been sent,
and if this payment is not made even after the expiry of a reasonable grace period set by the provider with a threat of rejection, the provider is entitled to withdraw from the contract; he must notify the guest of this in writing.
Section 5 paragraph 3 shall then apply accordingly, with the proviso that the 8th day after the transmission of the booking confirmation shall be deemed the day of cancellation.
(7) The guest may only offset a claim against a claim of the provider with an undisputed or legally established claim.
§ 4 . General rights and obligations; house rules
(1) The guest must treat the holiday apartment and its contents with care. The guest is obligated to comply with the house rules. Quiet hours are from 10 p.m. to 6 a.m. During this time, special consideration must be given to the
Roommates and neighbors are advised to respect this. TV and audio devices must be set to room volume.
(2) For the duration of the rental of the holiday apartment, the guest is obliged to keep windows and doors closed when leaving the holiday apartment, to set all radiators to a low level and to switch off lights and technical devices.
(3) The accommodation of pets of any kind in the holiday apartment is only permitted with the prior written consent of the provider. The provider may charge a reasonable surcharge for the accommodation of pets. If pets are accommodated without the prior consent of the provider, the provider may charge a cleaning fee of up to €200.00 (net).
(4) Smoking is prohibited in the holiday apartment. In case of violations, the provider may charge a cleaning fee of up to €200.00 (net). Smoking is permitted only on balconies and terraces.
(5) Internet use is permitted after concluding an Internet usage agreement, including the passport number, provided that this does not violate legal provisions. Criminal offenses (in particular, illegal downloads, page views)
will be reported and prosecuted. Guests are solely liable for any unlawful use of the internet.
(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 and indemnifies the provider against any claims by third parties. The guest is also obligated to compensate for any damage caused by the installation and/or attachment of such decorations or similar items.
(7) The provider has the right of access to the holiday apartment at any time, especially in case of imminent danger. The legitimate interests of the guest must be taken into account when exercising this right of access. The provider will inform the guest about
inform the user in advance of the exercise of the right of access, unless this is unreasonable or impossible under the circumstances of the individual case.
(8) For stays of 14 days or more, an intermediate cleaning is mandatory every 10-14 days; the cost of this is half the cost of the final cleaning.
§ 5 . Withdrawal from the contract (cancellation; cancellation)
(1) Any withdrawal by the guest from the contract concluded with the provider requires the written consent of the provider. If this is not given, the agreed price from the contract must be paid even if the customer does not provide the contractual services in
This does not apply in cases of default by the provider or impossibility of performance for which the provider is responsible.
(2) The guest may withdraw from the contract without triggering any payment or compensation claims from the provider only if the possibility of withdrawal up to a certain date has been agreed in writing between the guest and the provider.
This right of withdrawal of the guest expires if he does not exercise his right of withdrawal in writing to the provider by the agreed date, unless there is a case of default of performance by the provider or a fault of his.
Impossibility of providing the service.
(3) The guest is entitled to cancel the booking up to 30 days before arrival without triggering any payment or compensation claims on the part of the provider, otherwise in accordance with the following conditions:
Cancellation up to the amount to be paid
Overnight price
30 days before arrival 0%
25 to 29 days before arrival 20%
15 to 24 days before arrival 40%
10 to 14 days before arrival 60%
5 to 9 days before arrival 80%
< 5 Tage vor Anreise 100 %
Cancellations must be made in writing to the provider, unless the provider agrees to a verbal cancellation. The cancellation date is the date the cancellation is received by the provider.
(4) If the holiday apartment is not used by the guest, the provider must take into account the income from renting the holiday apartment to other parties as well as the expenses saved.
(5) If the guest does not arrive on the day of arrival by 10:00 PM at the latest or by 60 minutes after a later time agreed in accordance with Section 7, Paragraph 1, without having cancelled, the contract shall be deemed cancelled. Paragraph 3 shall apply accordingly.
In addition, the provider may charge the guest an administration fee of €100.00 (net).
(6) If a right of withdrawal of the guest within a certain period of time has been agreed in writing in accordance with paragraph 2, the provider is entitled to withdraw from the contract during this period if requests from other guests after the contractually agreed
booked holiday apartment and the guest does not waive his right of withdrawal upon request from the provider.
(7) Furthermore, the provider is entitled to withdraw from the contract or to terminate it extraordinarily for objectively justified reasons, if, for example, a) force majeure or other circumstances beyond the provider’s control prevent the fulfilment of the contract
impossible, b) the holiday apartment was booked under misleading or false information about essential facts, e.g. regarding the person of the guest or regarding the purpose or regarding the occupancy or regarding the accommodation of animals, c) the holiday apartment is used for purposes other than residential, d) the provider has reasonable grounds to believe that the use of the service endangers the safety or peace of other guests or neighbors or the reputation of the provider in the public eye, without this being attributable to the provider's sphere of control or organization.
(8) The provider must immediately notify the guest of the exercise of the right of withdrawal or termination. In cases covered by paragraph 7 a), the provider must immediately refund any rental payments and/or advance payments already made. In the event of a justified withdrawal or termination by the provider, the guest is not entitled to compensation. The guest must compensate the provider for all damages for which he or she is responsible due to a withdrawal or extraordinary termination in accordance with paragraph 7.
§ 6 . Liability; Limitation Period
(1) The provider is liable for its obligations under the contract. Liability is limited to intent and gross negligence on the part of the provider, unless and to the extent that the provider is not necessarily subject to unlimited liability under statutory provisions. Should disruptions or defects in the provider's services occur, the provider will endeavor to remedy the disruption or defect upon becoming aware of them or upon immediate notification by the guest. The guest is obligated to contribute what is reasonable to remedy the disruption or defect and to minimize any potential damage.
(2) The provider is not liable for items brought into the apartment by the guest; these items are not considered items brought into the apartment within the meaning of Sections 701 et seq. of the German Civil Code (BGB). The provider's liability under these provisions is therefore expressly excluded. This also expressly applies to valuables that the guest keeps and/or leaves behind in the apartment.
(3) The guest is liable for all damages that he, his fellow travelers, or his visitors have culpably caused in the house of the holiday apartment, in the holiday apartment, and/or to the inventory of the holiday apartment. Private liability insurance
is recommended to the guest. The guest is obligated to report any damage to the provider immediately. This applies in particular to damage that may also affect other apartments in the building (e.g., water damage, fire damage).
(4) Claims by the guest shall expire after six months, unless the provider is liable for intent. Claims by the provider shall expire within the respective statutory period.
§ 7 . Arrival and Departure, Key Handover; Late Evacuation
(1) The holiday apartment is generally available from 4:00 PM on the day of arrival. Arrival must be by 10:00 PM unless a later arrival time is expressly agreed upon with the provider in advance. Arrival before 3:00 PM is also only possible if this has been expressly agreed upon with the provider in advance.
(2) If arrival is agreed between 10:00 p.m. and 8:00 a.m. and takes place during this time, a surcharge of EUR 30.00 will be charged.
(3) The guest is obliged to present his/her valid identity card or passport to the provider upon arrival.
(4) The provider may request a security deposit of €150.00 upon arrival. The provider will refund this deposit upon timely vacating the holiday apartment and returning all keys on the day of departure, unless otherwise agreed with the guest and provided the holiday apartment does not show any damage for which the guest is responsible. In the event of further damage to the holiday apartment and/or its inventory, the guest must pay the required amount of compensation in cash on site (Section 249 (2) of the German Civil Code).
(5) On the day of departure, the guest must vacate the holiday apartment by 10:00 a.m. at the latest. In the event of late vacating the holiday apartment, the provider is entitled to an additional payment from the guest. This amount is a) €50.00 (net)
for vacating after 11:00 a.m. but before 1:00 p.m.; b) 100% of the agreed price per night for vacating after 1:00 p.m. Furthermore, the provider is entitled to compensation for all further damages incurred due to delayed vacating.
(6) The vacating according to paragraph 4 shall only be deemed to have been effected when all keys have been handed over to the provider or his representative. For this purpose, the guest may, if this has been expressly agreed with the provider beforehand, leave all keys on the table in
Leave the apartment and close the door. The guest is responsible for checking that the apartment door is properly closed.
(7) In case of loss of one or more keys, the guest shall pay the provider compensation for the replacement of the keys and, if necessary, for the installation of new locks.
§ 8 . Data protection
The personal data provided by the guest will not be passed on to third parties by the landlord unless this is necessary for the execution of the contract.
§ 9 . Final provisions
(1) Changes or additions to the contract, the acceptance of the application, or these General Terms and Conditions must be made in writing. Unilateral changes or additions by the guest are invalid.
(2) The place of performance and payment is Limburg an der Lahn, Germany. The place of jurisdiction for tenancy law is the Limburg District Court.
(3) The contract shall be governed exclusively by the law of the Federal Republic of Germany.
(4) These General Terms and Conditions of Guest Accommodation are intended for the personal use of the guest only. Commercial use by third parties is expressly prohibited.
(5) Should any of the above provisions be or become invalid or void, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision that most closely approximates the purpose of the provision to be replaced. Otherwise, the statutory provisions shall apply.
janu-homes short-term rental, a branding of Ulrike Martin and Jan Unkelbach eGbR
