General terms of rental and cancellation - Holiday home " Spreewaldhaus" in Lübben
A rental contract is concluded between tenant and landlord of the holiday home. By booking the holiday home, the tenant accepts the following terms and conditions of rental and cancellation as binding.
1. Subject matter of the contract
The rental contract for the holiday accommodation described below is binding. The accommodation is rented to the tenant for the specified contract period exclusively for use for holiday purposes and may only be occupied with the maximum number of persons specified in the rental contract.
2. Conclusion of a contract
The reservation order by the tenant and the booking confirmation by the landlord can be made by letter, e-mail, fax, Internet portal or by telephone. With the booking confirmation the tenant receives information about the payment of the rent. Upon receipt of the deposit mentioned under point3. by the tenant, the rental agreement becomes legally binding for both parties. The tenant is responsible for the contractual obligations of all accompanying persons.
3. Due date and payment
With receipt of the booking confirmation a deposit of 20% of the rental price is to be paid. The balance of the rent is due 30 days before the beginning of the rental period, at the latest and exceptionally in cash when the keys are handed over. Deviating from the legal regulations, the rent for the entire rental period must always be paid in advance.
4. Lease period
The lease term is specified in the lease agreement. Arrival is between 4 pm and 8 pm, departure by 11 am at the latest. Deviations from this are possible by arrangement. On the day of arrival, the landlord makes the rented property available to the tenant in the condition stipulated in the contract.
5. Termination and premature termination of the rental agreement by the tenant
The following conditions apply to termination and termination of the rental contract before expiry of the limited rental period:
5.1 Written cancellation
The resignation must be made in writing to the landlord for its validity. In the event of a dispute, the tenant must prove that he has given notice of termination.
5.2 Cancellation fees for termination, non-arrival and early departure
The cancellation fees charged for non-arrival or termination are as follows, depending on the date of cancellation before the start of the rental period according to the total rental price in euros:
A possible commission fee is to be paid in any case upon proof.
The landlord recommends the purchase of a travel cancellation insurance.
5.3 In case of early departure of the tenant
If the tenant terminates the lease prematurely after commencement of the lease, i.e. before the contractual end of the lease - for reasons for which the landlord is not responsible, the landlord is entitled to the entire lease sum and the above provision shall apply accordingly. The day of early departure then corresponds to the day of termination. Early departure does not replace the requirement of written cancellation by the tenant. In the event of a dispute, the tenant must prove that he has moved out before the end of the rental period and has terminated the rental agreement in this manner.
5.4. Obligations of the landlord
The landlord will immediately endeavour to re-let the holiday home upon termination of the tenancy and in the course of normal business. The tenant has the right to provide a reasonable substitute tenant who assumes his contractual obligations, unless there are special reasons to the contrary. The landlord can object to the occurrence of the third party if this appears economically or personally unreliable. If a third party enters into the rental contract, he and the previous tenant are jointly and severally liable to the landlord for the rent and the additional costs incurred by the third party. The tenant is at liberty to prove to the landlord that less damage has been incurred.
6. Termination by the landlord
The landlord can terminate the contractual relationship before or after the beginning of the rental period without observing a period if the tenant does not make the agreed payments (down payment and balance payment) on time despite prior reminder or otherwise behaves contrary to the contract to such an extent that the landlord cannot be expected to continue the contractual relationship. In this case the landlord can demand compensation from the tenant for the expenses incurred up to the termination and the lost profit. The rental contract can be terminated without notice by the landlord if the tenant or accompanying persons behave in a disturbing or destructive manner such that their stay in the holiday apartment cannot be expected of the neighbours of the house.
7. Cancellation of the contract due to exceptional circumstances
The rental contract may be terminated by either party if performance of the contract is significantly impeded, endangered or impaired as a result of force majeure that could not have been foreseen at the time the contract was concluded. Both contracting parties are released from their contractual obligations. However, they must reimburse the other Contracting Party for services already rendered.
8. Obligations of the tenant
The tenant undertakes to treat the rented object including inventory with all due care. The tenant is liable for culpable damage to furnishings, rented rooms or the building as well as the facilities belonging to the rented rooms or the building, if and in so far it has been culpably caused by him or his accompanying persons or visitors. The tenant must immediately notify the landlord or a designated contact point (property management) of any damage caused in the rented rooms, unless he is obliged to remedy the situation himself. The tenant is liable to pay compensation for consequential damage caused by late notification.
No waste, ash, harmful liquids or something similar may be disposed of in the sewerage system. If blockages occur in the waste water pipes due to non-compliance with these regulations, the polluter shall bear the costs of repair. In the event of malfunctions occurring in systems and equipment of the rented property, the tenant is obliged to do everything reasonable to contribute to the rectification of the malfunction or to keep any damage to a minimum.
The tenant is obliged to inform the landlord or the property management immediately of any defects in the rented property. If the tenant fails to do so, he is not entitled to any claims for non-performance of the contractual services (in particular no claims for rent reduction).
It is a NON-SMOKING holiday apartment, therefore smoking is not allowed in the apartment.
Pets are NOT allowed.
Any waste produced must be separated and disposed of in the bins or containers provided for this purpose. When leaving the apartment, make sure that all windows and doors are firmly closed. The landlord is not liable for damages such as burglary or theft of the tenant's property.
9. Liability of the landlord
The landlord is liable for the correctness of the description of the rented property and is obliged to provide the contractually agreed services properly and to maintain them during the entire rental period. The liability of the landlord for material damages from tort is excluded, as far as they are not based on an intentional or grossly negligent breach of duty of the landlord or his vicarious agent.
The landlord is not liable in cases of force majeure (e.g. fire, flooding etc.). If defects are found when the holiday home is occupied, they must be reported to the landlord immediately. If the stay is considerably impaired due to a defect and the landlord does not remedy the situation within a reasonable period of time, the tenant is entitled to a reduction in rent or termination.
Termination of the rental contract is also possible if use is made considerably more difficult or endangered by force majeure such as natural disasters, fire, etc. In this case, the rent paid for the remainder of the rental period will be refunded. Further claims are excluded.
10. House rules
The tenants are requested to show mutual respect. In particular, disturbing noises, in particular loud door throws and such activities, which disturb the neighbours by the resulting noise and impair the domestic peace, are to be avoided. The house rules in the holiday home must be observed and will be accepted by the tenant on arrival when the property is taken over.
11. Parking lots
Parking spaces are available on the street. If a parking space is made available to you, this does not constitute a custody contract. In the event of loss of or damage to motor vehicles parked or manoeuvred on the property and their contents, the landlord shall not be liable, except in the event of intent or gross negligence.
12. Travel agreement law
The landlord is not a tour operator. The provisions of the German Civil Code concerning the law governing tour operators, including their liability, therefore do not apply.
13. Severability Clause
Should individual provisions of the General Rental and Cancellation Conditions be or become void, ineffective, contestable or impracticable, the remaining provisions shall remain unaffected. The parties will then endeavour to find a permissible provision that comes as close as possible to the intended regulation.
14. Amendments to the contract
Collateral agreements, amendments and supplements to the contract must be made in writing.
15. Choice of law
The law of the Federal Republic of Germany shall apply.
16. Place of Performance and Jurisdiction
The place of performance for all claims arising from the tenancy is the place where the object to be rented is located. The exclusive place of jurisdiction is the competent district court in Lübben.
For actions of the landlord against merchants, legal persons under public or private law or persons who do not have a general place of jurisdiction in Germany or who have moved their domicile or usual place of residence abroad after conclusion of the contract or whose domicile or usual place of residence is not known at the time the action is filed, the district court Lübben is agreed as the exclusive place of jurisdiction.
Lübben, July 2018
General rental and cancellation conditions of the holiday home "Spreewaldhaus" in Lübben