General terms and conditions of business
§ 1 Validity of the General Terms and Conditions
(1) These general terms and conditions apply to the rental of the holiday apartment "Villa Berta Feriendomizil" (Villa Berta) for accommodation to the respective guest. The services of Villa Berta are exclusively based on these general terms and conditions.
(2) The subletting or subletting of the holiday home provided and its use for purposes other than residential is prohibited.
(3) The guest's terms and conditions only apply if they have been agreed in advance. Deviations from these conditions are only effective if the provider has expressly confirmed them in writing.
§ 2 accommodation contract
(1) The accommodation contract is concluded when Villa Berta confirms the guest's booking request in writing by e-mail and thus accepts the booking. The booking confirmation will be sent to the guest by email.
(2) Contractual partners are the provider and the guest. If a third party has ordered for the guest, they are liable to the provider together with the guest as joint debtor for all obligations arising from this contract, provided that the provider has a corresponding declaration from the third party.
(3) The guest is obliged to check the correctness of the booking confirmation. If the content of the booking confirmation differs from the booking request and the guest does not raise objections immediately, the content of the booking confirmation is deemed to be contractually agreed.
§ 3 Services, prices, payment, offsetting
(1) The provider is obliged to keep the holiday apartment booked by the guest available and to provide the agreed services.
(2) The guest is obliged to pay the applicable or agreed prices of the provider for the rental of the holiday apartment and the other services used by him.
(3) All prices include the respective statutory VAT.
(4) The guest is obliged to provide truthful information about the number of people occupying the holiday apartment. The holiday apartment is available for a maximum of the number of people specified in the booking confirmation according to § 2 paragraph 1. Occupancy with a larger number of people requires the prior written consent of the provider. If the guest occupies the holiday apartment with a larger number of people without prior written confirmation from Villa Berta, the price for the rental of the holiday apartment increases to the price generally charged by the provider for the corresponding occupancy.
(5) Payment of the price agreed for the rental of the holiday apartment must be received in the provider’s account no later than 24 hours before check-in on the day of arrival. If this is not the case, the guest will not be allowed to move into the booked holiday accommodation. EC and credit cards cannot be accepted as means of payment on site. In the case of invoice (bank transfer) as the payment method, the total amount must be credited to the account no later than 24 hours before arrival.
§ 4 General rights and obligations; House rule
(1) The guest must treat the holiday home and its inventory with care. From 10:00 p.m. to 7:00 a.m. the night rest applies. During this time, special consideration for the neighbors is required. TV and audio devices are to be set to room volume. Parties of any kind are prohibited.
(2) For the duration of the rental of the holiday apartment, the guest is obliged to keep windows and doors closed and to switch off lights and technical devices when leaving the holiday apartment. When leaving the apartment, the guest is also obliged to regulate all radiators to a maximum medium level. If the outside temperature is over 20 degrees, heating is prohibited.
(3) The accommodation of pets of any kind is prohibited in the holiday apartment. If animals are accommodated without the prior consent of the provider, the provider can charge a contractual penalty of €300.00 (net) plus the cleaning fees actually incurred.
(4) There is a general ban on smoking in the holiday apartment. In the event of violations, the provider can charge a contractual penalty of €300.00 (net) plus the cleaning fees actually incurred. Smoking is only allowed on balconies and terraces.
(5) Internet use is permitted. Criminal acts (in particular illegal downloads, page views) will be reported and prosecuted. The guest alone is liable for illegal use of the internet. This also applies to the Smart TV.
(6) The introduction and/or attachment of materials for decoration or similar is not permitted in the holiday apartment. The guest is solely liable for any decorations or similar that are included and/or attached and releases the provider from third-party claims. He is also obliged to compensate for damage caused by the installation and/or attachment of decorations or similar.
(7) The provider has a right of access to the holiday apartment at any time, especially in the event of imminent danger. Reasonable consideration must be given to the guest's interests worthy of protection when exercising the right of access. The provider will inform the guest in advance about exercising the right of access, unless this is unreasonable or impossible under the circumstances of the individual case.
(8) The guest has an in-house parking space included in the price. This is clearly marked in the booking confirmation and assigned to the booked apartment. If the parking space is occupied, the provider must be informed.
(9) Parties are prohibited. In the event of breach of contract, the owner may charge a penalty of €500.00 (net) plus the actual cleaning fees incurred.
(10) The ban on commercial use of the booked accommodation and the ban on illegal activities apply. In case of breach of contract, the owner may charge a penalty of €1000.00 (net) plus the actual cleaning fees incurred.
§ 5 Withdrawal from the contract (cancellation; cancellation)
(1) In principle, the guest has a right of withdrawal. The guest's right to withdraw from the contract concluded with the provider requires the written consent of the provider. If this does not take place, the agreed price from the contract must be paid even if the customer does not make use of the contractual services. This does not apply in cases of delay in performance by the provider or in the impossibility of providing the service for which he is responsible.
(2) If the guest's right of withdrawal within a certain period of time pursuant to paragraph 1 has been agreed in writing, the provider is entitled to withdraw from the contract during this period if there are inquiries from other guests about the contractually booked holiday apartment and the guest responds to the provider's query not waived his right to withdraw.
(3) Further cancellation periods without triggering payment or damage claims of the provider are indicated on the respective portals or the homepage www.villa-berta-feriendomizil.de. Cancellations must be made in writing to the Provider unless the Provider agrees to a verbal cancellation. A full refund applies up to 5 days prior to arrival.
(4) Furthermore, the provider is entitled to withdraw from the contract for an objectively justifiable reason or to terminate it extraordinarily if e.g. B. a) force majeure or other circumstances for which the provider is not responsible make it impossible to fulfill the contract, b) the holiday home with misleading or incorrect information about essential facts, e.g. B. in the person of the guest or regarding the purpose or regarding the number of people or regarding the accommodation of animals, c) the holiday home is used for purposes other than residential, d) the provider has justified reason 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 public, without this being attributable to the provider's area of control or organization. The guest has to compensate the provider for all damages for which he is responsible due to a withdrawal or an extraordinary termination.
Section 6 Liability; statute of limitations
(1) The provider is only liable for his obligations under the contract for intent and gross negligence if and to the extent that he is not absolutely liable according to the statutory provisions. Should disruptions or defects occur in the provider's services, the provider will endeavor to eliminate the disruption or defect if the guest becomes aware of it or if the guest complains immediately. The guest is obliged to do what is reasonable for him to eliminate the disruption or defect and to keep possible damage to a minimum.
(2) The provider is not liable for items brought in by the guest; they are not considered to be items brought in within the meaning of §§ 701 f. BGB. A liability of the provider according to these regulations is thus expressly excluded. This expressly also applies to valuables that the guest keeps and/or leaves behind in the holiday apartment.
(3) The guest is liable for all damage that he, his fellow travelers or his visitors culpably caused in the house of the holiday apartment, in the holiday apartment and/or on the inventory of the holiday apartment. A private liability insurance of the guest / guests is mandatory. The guest is obliged to report any damage to the provider immediately. This applies in particular to damage that can also affect other apartments in the house (e.g. water damage, fire damage).
(4) Claims by the guest become time-barred in six months, unless the provider is liable due to intent. Claims by the provider become statute-barred within the respective statutory period.
§ 7 Arrival and departure, key handover; Late Eviction
(1) The holiday apartment is regularly available from 4.30 p.m. on the day of arrival. You must arrive by 00.00 a.m. unless a later arrival time has been agreed with the provider in advance. Arrival before 4.30 p.m. can only take place if this has been expressly agreed with the provider in advance.
(2) On the day of departure, the guest must vacate the holiday apartment by 10.30 a.m. at the latest. If the apartment is vacated late, the provider is entitled to an additional payment from the guest. This amounts to €50.00 (net) if the room is vacated after 11:30 a.m. but before 1:00 p.m. and 100% of the agreed accommodation price/night if the room is vacated after 1:00 p.m. In addition, the provider is entitled to compensation for all further damage incurred as a result of a delayed eviction.
(3) The eviction in accordance with paragraph 4 is only deemed to have been effected when all keys have been handed over to the provider or his representative. Unless otherwise expressly agreed, the keys will be handed over by placing them in the key safe or on the dining table.
The guest is obliged to check that the apartment door is properly closed.
(4) If one or more keys are lost, the guest must pay the provider compensation for their replacement and, if necessary, for the installation of new locks.
§ 8 data protection
(1) 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.
(2) WLAN use only by accepting the data protection conditions. The data protection conditions to be accepted for the Internet also apply to the use of the SMART TV provided in each apartment.
(3) Downloading additional TV apps and programs is prohibited.
§ 9 Final Provisions
(1) Changes or additions to the contract, the acceptance of applications or these General Terms and Conditions should be made in writing. Unilateral changes or additions by the guest are invalid.
(2) Place of fulfillment and payment is Münchweier/ Germany.
(3) The law of the Federal Republic of Germany applies exclusively to the contract.
(4) These general guest accommodation conditions are only intended for the personal use of the guest. Commercial use by third parties is expressly prohibited.
(5) Should one of the above provisions be or become invalid or void, this shall not affect the validity of the remaining provisions. The invalid provision is to be replaced by a provision that comes closest to the purpose of the provision to be replaced. In addition, the statutory provisions apply.