General terms and conditions for the rental of the holiday flat "Villa Luz del Monte"
§ 1 . Validity of the GTC
(1) These General Terms and Conditions apply to contracts for the rental of holiday flats for accommodation as well as to 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) Subletting or re-letting of the holiday home provided as well as its use for 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 in advance. Deviations from these terms and conditions are only effective if the provider has expressly confirmed them in writing.
(4) This version of the GTC has been prepared using translation software; in the event of any ambiguity, the German version shall prevail.
§ 2 Booking/booking confirmation
Please enter booking requests via the booking enquiry or send them in writing to info@villaluzdelmonte.de or call us.
If we are able to provide you with the desired holiday flat in the desired period, we will send you a written confirmation of the booked holiday flat as well as the invoice. The reservation for the holiday flat is legally binding upon receipt of the booking confirmation and after payment of the deposit (see §3).
§ 3 Terms of payment
The down payment of 20% of the total amount is to be transferred to our account immediately after the booking confirmation. The balance is due 28 days before arrival at the latest, in the case of short-term bookings immediately after receipt of the invoice.
In the event of late payment, we are entitled to charge the applicable statutory interest on arrears, currently 5% above the base interest rate. For each reminder after the occurrence of default, the customer shall reimburse reminder costs in the amount of 5.00 euros to us. All other costs incurred in the course of collection shall be borne by the customer. Payment costs, in particular for bank transfers from abroad, shall be borne by the customer. All bank transfer charges are to be borne in full by the hirer, i.e. our bank account is to be credited with the full invoice amount free of charges. We only accept payments by bank transfer, credit card or Paypal. Cash payments are possible for short-term bookings.
Please note: In the case of credit card payments and payments via Paypal, the entire booking amount is due immediately, but will of course be credited back within a few working days in the case of timely cancellations.
§ 4 Arrival and departure
On the day of arrival, the holiday flat is available from 4.00 pm. We will send you the code for the key safe in advance. Claims for damages cannot be asserted if, exceptionally, the holiday flat cannot be occupied punctually at 4:00 pm.
On the day of departure, the flat must be vacated by 10:00 am. The landlord reserves the right to charge for late departure. The flat must be left swept clean on the day of departure. Dishes, glasses, etc. must be cleaned and put away, the rubbish bins must be emptied and the refrigerator must be cleared out.
§ 5 Holiday apartment
The holiday flat is handed over by the landlord in a tidy and clean condition with a complete inventory. Should there be any defects or should they occur during the rental period, the landlord must be informed immediately. The tenant is liable for any damage caused by him to the rented property, the inventory, e.g. broken crockery, damage to the floor or furniture. This also includes the costs for lost keys.
Replacing an automatic lock with 3 keys costs 150.00 euros.
The inventory is to be treated carefully and with care and is only intended to remain in the holiday flats. The tenant is also liable for the fault of his fellow travellers. Damage caused by force majeure is excluded from this. In the event of use of the holiday flat contrary to the terms of the contract, such as subletting, overcrowding, disturbance of domestic peace, etc., as well as non-payment of the full rent, the contract may be terminated without notice. The rent already paid remains with the landlord.
If liability insurance exists, 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 only permitted in the holiday flat with the prior written consent of the landlord. The Provider shall charge a reasonable surcharge for the accommodation of pets. If animals are accommodated without the Provider's prior consent, the Provider may charge a cleaning fee of up to 100.00 Euro (net).
§ 7 Stay
The holiday flat may only be used by the persons listed in the booking. Should the flat be used by more persons than agreed, a separate fee is to be paid for these, which is determined in the rental price. In this case, the landlord also has the right to terminate the rental contract without notice.
Subletting and transferring the flat to third parties is not permitted. The tenancy agreement may not be passed on to third parties.
The tenant agrees to the general terms and conditions as well as the house rules of the holiday flats Richter. The declaration of agreement is made with the payment.
In the event of violations of the General Terms and Conditions or the house rules, the landlord is entitled to terminate the tenancy immediately and without notice. There is no legal claim to repayment of the rent or compensation.
§ 8 Cancellation
In the event of cancellation of the rental agreement, the Hirer shall be obliged to pay part of the agreed price as compensation. Cancellation must be made in writing. The amount of compensation depends on the time up to the day of arrival and is calculated as follows:
From 30 days before the day of arrival 50% of the agreed price. Cancellations before this date are free of charge.
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 on the part of the hosts) and other circumstances for which we are not responsible, making fulfilment impossible; liability is limited to reimbursement of the costs. In the event of justified withdrawal, the customer shall have no claim to compensation - no liability shall be assumed for travel and hotel costs.
Withdrawal by the lessor may be effected after commencement of the rental period without observing a period of notice if the lessee behaves in breach of contract to such an extent that immediate cancellation of the rental agreement is justified.
§10 Liability of the Lessor
The Lessor shall be liable within the scope of the duty of care of a prudent businessman for the proper provision of the leased property. Liability for possible breakdowns or disruptions in the water or electricity 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 internet access via WLAN
The Lessor maintains Internet access via WLAN in his holiday property. He shall allow the Tenant to share use of the WLAN access to the Internet for the duration of his stay in the holiday property. 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. The landlord is entitled at any time to permit other co-users for the operation of the WLAN 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 or was used in an illegal manner, insofar as the landlord must fear a claim for this and cannot prevent this with usual and reasonable effort within a reasonable period of time. In particular, the landlord reserves the right, at his reasonable discretion and at any time, to block access to certain pages or services via the WLAN (e.g. pages glorifying violence, pornographic pages or pages for which a fee is charged).
§11.2 Access data
The use of the WLAN is secured by means of access data. 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 shall be 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 tenant 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 enables access to the Internet; virus protection and firewalls are not available. The data traffic established using the WLAN is not encrypted. The data may therefore be viewed by third parties. The landlord 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 shall not be liable 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 its vicarious agents intentionally or through gross negligence.
§11.4 Responsibility and release from claims
The Hirer himself/herself is responsible for the data transmitted via the WLAN, the chargeable services used via it and unactivated legal transactions. If the tenant visits chargeable Internet sites or enters into liabilities, the resulting costs shall be borne by him. He is obliged to comply with the applicable law when using the WLAN. He shall in particular:
not use the WLAN to retrieve or distribute immoral or illegal content;
not to unlawfully reproduce, distribute or make accessible any copyrighted goods;
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 lessee shall indemnify the lessor of the holiday property against all damages and claims of third parties which are based on an illegal use of the WLAN by the lessee and/or on a breach of this agreement; this shall also extend to costs and expenses associated with the claim or its defence. If the tenant recognises or must recognise that such an infringement of rights and/or such a violation exists or is imminent, he shall inform the landlord of the holiday property of this circumstance.
§ 12 House Rules, General Rights and Duties
(1) For the duration of the letting of the holiday flat, the guest is obliged to keep windows (except tilted) and doors closed when leaving the holiday flat.
(2) Smoking is generally prohibited in the holiday flat. In case of infringement, the provider may charge a cleaning fee of up to 100.00 Euro (net). Smoking is only permitted on balconies and terraces. Due to the increased fire risk in summer, hot ashes must never come into contact with combustible material.
(3) Our in-house car park offers 2 car parking spaces, which you are welcome to use.
(4) Use of the garden is permitted and at your own risk. Parents are liable for their children.
(5) The installation and/or attachment of materials for decoration or similar is not permitted in the holiday flat. The guest is solely liable for any decorations or the like that are nevertheless inserted and/or attached and indemnifies the provider against claims by third parties. He/she is also obliged to compensate for any damage caused by the installation or attachment of decorations or similar.
(6) The provider has the right of access to the holiday flat at any time, especially in case of imminent danger. When exercising the right of access, the guest's interests worthy of protection shall be given due consideration. The provider shall inform the guest in advance about the exercise of the right of access, unless this is unreasonable or impossible for him/her according to the circumstances of the individual case.
(7) The weekly pool service is usually carried out on Saturdays, also on tuesdays during the summer season. For this purpose, the contracted pool cleaner shall be allowed into the house so that he can carry out his work.
(8) Because there is often strong wind at night, the furniture must be kept safe so that it is not damaged.
§13 Written form
There are no agreements other than those listed in this contract. No oral agreements have been made. The general terms and conditions are accepted with the transfer of the deposit.
§14 Severability clause
Should one or more provisions of these General Terms and Conditions become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision which comes as close as possible to the economic purpose pursued by the invalid provision.
§ 15 Place of jurisdiction
The local court of Westerstede, Germany, shall have jurisdiction for any disputes arising from the contractual relationship.