GENERAL TERMS AND CONDITIONS FOR THE RENTAL OF THE VACATION APARTMENTS IN MÜHLEN CASTLE
§ 1 . Validity of the General Terms and Conditions
(1) These General Terms and Conditions apply to contracts for the rental of vacation apartments for accommodation as well as all other services and deliveries of the Provider rendered to the Guest. The services of the provider are provided exclusively on the basis of these General Terms and Conditions.
(2) The subletting or subletting of the provided vacation apartment as well as its use for other than residential purposes require the prior written consent of the provider.
(3) Terms and conditions of the guest shall only apply if they have been agreed upon in advance. Deviations from these terms and conditions are only effective if the provider has expressly confirmed them in writing.
§ 2 Booking/booking confirmation Please enter booking requests via the booking request or send them in writing to firstname.lastname@example.org or call us. If we are able to provide you with the desired vacation apartment in the desired period, we will send you a written confirmation of the booked vacation apartment as well as the invoice. The reservation for the vacation apartment is legally binding upon receipt of the booking confirmation, as well as after payment of the deposit (see §3).
§ 3 Terms of payment The deposit of 100% of the total amount is to be transferred to our account immediately after the booking confirmation. For short-term bookings immediately after receipt of invoice. In the event of late payment, we are entitled to charge the applicable statutory interest on arrears, currently 5% above the prime rate. For each reminder after the occurrence of default, the customer shall reimburse reminder costs in the amount of 15.00 euros to us. All other costs incurred in the course of collection shall be borne by the customer. Costs of payment, especially in case of bank transfer from abroad, shall be borne by the customer. All bank transfer fees are to be paid in full by the renter, i.e. our bank account is to be credited with the full invoice amount free of charges. We accept only payments by bank transfer or Paypal after consultation cash payments, no ec and credit cards or checks.
§ 4 Arrival and departure On the day of arrival the apartment is available from 17:00. Should the arrival take place after 22:00 o'clock, this must take place noiselessly. The key can be taken with code at check-in from a key safe. Claims for damages can not be asserted if the apartment exceptionally can not be moved in punctually at 17:00. On the day of departure, the apartment must be vacated by 10:00 am. The landlord reserves the right to charge for a late departure. The apartment is to be left broom-clean on the day of departure. The dishes, glasses, etc. are to be cleaned and put away, the trash cans emptied and the refrigerator cleared out. The removed bed linen and towels are to be put on the floor in the bathroom.
§ 5 Holiday apartments The vacation apartment is handed over by the landlord in a tidy and clean condition with complete inventory. If there are any defects or if they occur during the rental period, the landlord must be informed immediately. The tenant is liable for any damage caused by him to the rental property, the inventory e.g. broken dishes, damage to the floor or furniture. This also includes the cost of lost keys. Replacing an apartment cylinder lock with keys costs 200.00 euros, the loss of the front door key results in the replacement of all front door keys, the costs are to be borne by the tenant. The inventory is to be treated with care and is only intended to remain in the apartments. The moving of furnishings, especially beds, is prohibited. The tenant is also liable for the fault of his fellow travelers. Damages caused by force majeure are excluded from this. In case of use of the vacation apartment contrary to the contract, such as subletting, overcrowding, disturbance of domestic peace, etc., as well as non-payment of the full rent, the contract can be terminated without notice. The rent already paid remains with the landlord. If there is a liability insurance, the damage must be reported to the insurance company. The landlord must be informed of the name and address, as well as the insurance number of the insurance company.
§ 6 Pets The accommodation of pets of any kind is allowed in the apartment only with the prior written consent of the provider. For the accommodation of animals, the provider requires an appropriate surcharge. If animals are accommodated without prior consent of the provider, the provider may charge a cleaning fee of up to 100.00 Euro (net).
§ 7 Stay The apartment may be used only by the persons listed in the booking. If the apartment is used by more persons than agreed, a separate fee is to be paid for them, which is determined in the rental price. The landlord also has the right to terminate the rental agreement without notice in this case. Subletting and transfer of the apartment to third parties is not allowed. The rental contract may not be passed on to third parties. The tenant agrees to the general terms and conditions as well as the house rules of Mühlen Castle. The declaration of agreement is made with the payment. In case of violation of the general terms and conditions or the house rules, the landlord is entitled to terminate the rental agreement immediately and without notice. A legal claim for repayment of the rent or compensation does not exist.
§ 8 Cancellation In case of cancellation of the rental agreement, the lessee is obliged to pay a part of the agreed price as compensation. Cancellation must be made in writing. The amount of compensation depends on the time until the day of arrival and is calculated as follows: up to 60 days before the day of arrival 20% of the agreed price up to 45 days before the day of arrival 30% of the agreed price up to 30 days before the date of arrival 40% of the agreed price up to 15 days before the date of arrival 50% of the agreed price 7 days before the day of arrival or no-show 100% of the agreed price The conclusion of a travel cancellation insurance is recommended.
§ 9 Cancellation by the landlord In the event of cancellation on our part, as a result of force majeure or other unforeseeable circumstances (such as accident or illness of the hosts), as well as other circumstances for which we are not responsible, make the fulfillment impossible; liability is limited to the reimbursement of costs. In the case of justified withdrawal, the customer has no claim for damages - liability for travel and hotel costs will not be accepted. A withdrawal by the landlord can be made after the start of the lease without notice, if the tenant disturbs other tenants despite warning persistently or behaves contrary to the contract to such an extent that the immediate cancellation of the lease is justified.
§10 Liability of the landlord The lessor is liable within the scope of the duty of care of a private person for the proper provision of the rental object. Liability for possible failures or disturbances in water or power supply, as well as events and consequences due to force majeure are hereby excluded.
§11 Use of internet access via WLAN
§11.1 Permission to use an internet access via WLAN The landlord maintains an Internet access via WLAN in his vacation property. He allows the tenant for the duration of his stay in the vacation property a shared use of the WLAN access to the Internet. The tenant does not have the right to allow third parties to use the WLAN. The landlord does not guarantee the actual availability, suitability or reliability of the Internet access for any purpose. He is entitled at any time to allow other co-users for the operation of the WLAN in whole, in part or temporarily and to restrict or exclude the access of the tenant in whole, in part or temporarily, if the connection is or was used in an illegal manner, insofar as the landlord must fear a claim because of this and cannot prevent this with usual and reasonable effort in a reasonable time. In particular, the lessor reserves the right to block access to certain pages or services via the WLAN at any time and at its own reasonable discretion (e.g. pages glorifying violence, pornographic pages or pages for which a fee is charged).
§11.2 Access data The use takes place by means of access protection. The access data (login and password) may not be passed on to third parties under any circumstances. If the lessee wishes to grant third parties access to the Internet via the WLAN, this is subject to the prior written consent of the lessor and the acceptance of the provisions of this usage agreement by the third party, documented by signature and complete identification. The lessee undertakes to keep his access data secret. The lessor has the right to change access codes at any time.
§11.3 Dangers of WLAN use, limitation of liability The tenant is informed that the WLAN only allows access to the Internet, virus protection and firewall are not available. The data traffic established using the WLAN is not encrypted. The data can therefore possibly be viewed by third parties. The lessor expressly points out that there is a risk that malware (e.g. viruses, Trojans, worms, etc.) may get onto the end device when using the WLAN. The use of the WLAN is at the tenant's own risk. The lessor assumes no liability for damage to the lessee's digital media caused by the use of the Internet access, unless the damage was caused by the lessor and/or his vicarious agents intentionally or through gross negligence.
§11.4 Responsibility and exemption from claims The lessee is responsible for the data transmitted via the WLAN and for the chargeable services used via the WLAN without any legal transactions. If the tenant visits chargeable Internet sites or enters into liabilities, the resulting costs are to be borne by him. He is obliged to comply with the applicable law when using the WLAN. He will in particular: Not use the WLAN to retrieve or distribute immoral or illegal content; not reproduce, distribute or make accessible any copyrighted goods unlawfully; this applies in particular in connection with the use of file sharing programs; observe the applicable regulations for the protection of minors; not to send or distribute harassing, defamatory or threatening content; not use the WLAN to send mass messages (spam) and/or other forms of inadmissible advertising. The tenant indemnifies the landlord of the vacation property from all damages and claims of third parties, which are based on an illegal use of the WLAN by the tenant and / or on a violation of this agreement, this also extends to costs and expenses associated with the claim or its defense. If the tenant recognizes or must recognize that such a violation of rights and/or such a violation exists or threatens, he shall inform the landlord of the vacation property of this circumstance.
§ 12 House Rules, General Rights and Duties
(1) The guest is obliged to observe the house rules. From 22.00 o'clock to 7.00 o'clock the night rest is valid. In order to avoid disturbance, TV and audio equipment must be set to room volume.
(2) The guest is obliged to keep windows (except tilted) and doors closed when leaving the vacation apartment for the duration of the rental period.
(3) Pets may be brought or accommodated in the vacation apartments for an additional charge (max. 2 pets per apartment). The owner must ensure that the dog does not defecate on the property and must dispose of it properly.
(4) There is a general smoking ban in Mühlen Castle. In case of violations, the provider can charge a cleaning fee of up to 300,00 Euro (net). Smoking is only allowed in the courtyard.
(5) Laundry washing and drying is allowed in the apartments only with the machines provided for this purpose.
(6) Our own parking lot offers 1 parking space per apartment. Other vehicles can only be parked outside the property. Please make sure that no vehicles obstruct the exit or other vehicles.
(7) To avoid damage to the buildings and vehicles and out of consideration for the fruit trees as well as shrubs, any ball sports are prohibited in the yard.
(8) The use of the children's playground is permitted for children up to 14 years of age and is at their own risk. Parents are liable for their children.
(9) The installation and/or attachment of materials for decoration or the like is not permitted in the vacation apartment. The guest is solely liable for any decoration or the like that is nevertheless installed and/or attached and indemnifies the provider from claims of third parties. He is also obliged to compensate for any damage caused by the installation or attachment of decorations or similar.
(10) The Provider has the right of access to the vacation apartment at any time, especially in case of imminent danger. When exercising the right of access, the guest's interests worthy of protection are to be given appropriate consideration. The provider shall inform the guest in advance about the exercise of the right of access, unless this is not reasonable or impossible under the circumstances of the individual case, e.g. triggered fire alarm.
(11) The entire Mühlen Castle is equipped with a networked fire alarm system and the Guest shall bear the costs of any false alarm caused by him.
§13 Written form There are no agreements other than those listed in this contract. Verbal agreements have not been made. The general terms and conditions are accepted with the transfer of the deposit.
§14 Severability clause If one or more provisions of these terms and conditions become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid one that comes as close as possible to the economic purpose pursued by the invalid provision.
§ 15 Place of Jurisdiction For any disputes arising from the contractual relationship, the local court of Horb am Neckar shall have jurisdiction.