Terms

 


1. Conclusion of contract
The rental agreement is binding if the direct booking function has been used by the tenant via an online booking portal and the success of the booking has been confirmed to him in writing in this context; or in the case of a previous non-binding booking request, the landlord's offer has been confirmed in writing by the tenant, the tenant has received a booking confirmation and invoice and the agreed deposit has been received in the landlord's account. The apartment named in the booking confirmation is made available to the tenant for the specified contract period and may only be occupied by the maximum number of people specified in the rental agreement. Pets are not permitted.

2. Rental price and additional costs
The agreed rental price includes the general consumption costs / additional costs (e.g. for electricity, heating, water) that arise during normal use of the rental property by the tenant. Not included are above-average consumption that arises, for example, through carelessness or additional consumers operated by the tenant. The costs of the final cleaning are shown separately, are an integral part of the booking and are therefore to be paid by the tenant. After the booking request has been confirmed by sending the invoice, a deposit of 20% is due and must be transferred within 7 days to the account number stated in the booking confirmation. The remaining amount of 80% must also be transferred to this account no later than 14 days before the start of the rental period. The date of receipt of payment is decisive.

Bank details:
Account holder: Antje and Bastian Hoffmann
Name of bank: Deutsche Kreditbank AG
IBAN: DE43 1203 0000 1073 6499 70
BIC: BYLADEM1001
Purpose: Rental period and name of the apartment

3. Deposit
The apartment is usually rented out without a deposit being collected. If the contracting parties have explicitly agreed on a deposit, the tenant pays the landlord a security deposit for the furniture and equipment provided in the agreed amount. The deposit must be paid together with the remaining payment and does not bear interest. It will be refunded to the tenant within 14 days of the end of the tenancy at the latest.

4. Rental period
On the day of arrival, the landlord will make the rental property available to the tenant from 3 p.m. in the condition agreed in the contract. On the day of departure, the tenant will hand over the rental property to the landlord by 10 a.m. at the latest, vacated and swept.

5. Tenant's duty of care
The tenant is asked to check the inventory in the rental property immediately after arrival and to report any shortages or damage to the landlord or the contact person designated by the landlord no later than the day after arrival. The tenant undertakes to treat the rental property and its inventory with the utmost care. The tenant is liable for any culpable damage to furnishings, rented premises or the building as well as the facilities belonging to the rented premises or the building if and to the extent that it was caused by him or his companions, visitors or pets. The tenant must immediately report any damage that occurs in the rented premises to the landlord or the contact person designated by him, unless he is obliged to remedy the damage himself. The tenant is liable for any consequential damage caused by failure to report in a timely manner. Waste, ash, harmful liquids and the like must not be thrown or poured into sinks, drains and toilets. If blockages occur in the sewage pipes due to non-compliance with these regulations, the person responsible will bear the cost of repairs. In the event of any malfunctions in the rental property's systems and facilities, the tenant is obliged to do everything reasonable to help resolve the malfunction or to minimize any damage that may occur. The tenant is obliged to inform the landlord or, if applicable, the property management of any defects in the rental property immediately. If the tenant fails to report this, he or she will not be entitled to any claims for non-fulfillment of the contractual services (in particular, no claims for rent reduction). It must be ensured that all windows - especially and if available, the roof windows - are closed when it rains in order to avoid water damage in the house. Before departure, all windows - especially and if available, the roof windows - must be closed. The key for the house must be left on the dining table in the kitchen.
The tenant undertakes to hand over the apartment in a swept condition and to leave used dishes and kitchen utensils cleaned in the kitchen cupboards.
The dishwasher must be emptied before departure. If the house is not left in the described condition, the landlord has the right to charge an additional fee for the resulting additional cleaning costs.

6. No smoking
There is a strict no smoking policy throughout the apartment.

7. House rules
The tenants are asked to show mutual consideration. In particular, disturbing noises, loud door slamming and activities that annoy the neighbors with the resulting noise and disturb the peace and quiet of the home are to be avoided. The quiet times from 10 p.m. to 8 a.m. and from 1 p.m. to 3 p.m. must be observed by the tenant. Radio, television and phonograph devices must only be set to room volume.

8. Keeping animals
Animals, especially dogs, cats and the like, may only be kept or temporarily kept in the rental property with the express permission of the landlord. The permission is only valid for individual cases. It can be revoked if inconveniences arise. The tenant is liable for all damage caused by keeping animals.

9. Withdrawal by the tenant
The tenant can withdraw from the rental agreement before the start of the rental period by submitting a written declaration to the landlord. The time of receipt of the notice of withdrawal by the landlord is decisive. If the tenant withdraws from the rental agreement, he must pay a flat-rate compensation for the expenses already incurred by the landlord and the lost profit in the following amount:
• from 21 days before the start of the rental agreement: 20% of the rental price
• from 7 days before the start of the rental agreement: 50% of the rental price
If the tenant withdraws from the contract, he can name a replacement tenant who is willing to enter into the existing contractual relationship in his place. The landlord can object to the entry of the third party if he appears to be economically or personally unreliable. If a third party named by the tenant enters into the rental agreement, he and the previous tenant are jointly and severally liable to the landlord for the rental price and the additional costs incurred by the entry of the third party. If the tenant terminates the rental agreement early (departure/cancellation), there is no entitlement to a reduction in the rental price. In the event of defects in technical equipment, furnishings and other significant defects, the landlord will endeavour to remedy the situation as quickly as possible and to remedy the defect, if necessary with the assistance of the tenant or third-party companies. Minor impairments do not affect the travel price. In accordance with the statutory provisions, a claim for a reduction in the rent only arises if serious defects cannot be remedied by the landlord during the term of the rental agreement or can only be remedied in part. Interruptions to the power supply (e.g. due to storms, disruptions on the part of the network operator) as well as disruptions to the (hot) water supply, noise pollution in the surrounding area and/or other events for which the landlord is not causally responsible (e.g. unforeseeable defects) do not lead to a claim for a reduction in the rent. In the event of a general ban on accommodation imposed by the legislature (e.g. due to pandemic circumstances), the landlord will cancel the rental agreement for the tenant free of charge. Any deposits paid will be refunded to the tenant. This does not apply if accommodation (possibly also in compliance with the regulations issued by the legislature) would be possible in principle and the tenant does not arrive due to his own personal reasons. The tenant is responsible for organizing his arrival. In the event of delays or disruptions to arrival, regardless of the type and regardless of the cause and extent, the cancellation conditions mentioned above apply. This does not give rise to a claim for a rent reduction. The tenant is recommended to take out travel cancellation insurance. 

10. Termination by the landlord
The landlord can terminate the contractual relationship before or after the start of the rental period without observing a notice period if the tenant does not make the agreed payments (down payment, final payment and deposit) on time despite a previous reminder or otherwise behaves in such a way that the landlord cannot reasonably 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 for the lost profit.

11. Liability of the landlord
The landlord's liability for property damage resulting from unlawful acts is excluded unless it is based on an intentional or grossly negligent breach of duty by the landlord or his vicarious agent. The landlord is not liable in cases of force majeure (e.g. fire, flooding, etc.).

12. Choice of law and place of jurisdiction
German law applies. The local court in whose district the landlord has his general place of jurisdiction is responsible for all disputes arising from this contractual relationship. For lawsuits brought by the landlord against merchants, legal entities under public or private law or persons who do not have a general place of jurisdiction in Germany or who have moved their place of residence or habitual abode abroad after the conclusion of the contract or whose place of residence or habitual abode is not known at the time the lawsuit is filed, the landlord's place of residence is agreed as the exclusive place of jurisdiction.

13. Changes to the contract
Any additional agreements, changes and additions to the contract and all legally relevant declarations must be made in writing.

14. Severability clause
If individual provisions of this contract are invalid or unenforceable or if they become invalid or unenforceable after the conclusion of the contract, the remaining parts of the contract remain unaffected by the invalidity. The invalid or unenforceable provision shall be replaced by the effective and enforceable provision whose effects come closest to the economic objective that the contracting parties pursued with the invalid or unenforceable provision. The above provisions shall apply accordingly in the event that the contract proves to be incomplete. 

User agreement for the use of a wireless internet connection

1. Permission to use an internet connection via wireless
The landlord maintains an internet connection via wireless in his apartment. He allows the tenant to share the wireless internet access for the duration of his stay in the apartment. The tenant does not have the right to allow third parties to use the wireless internet. Furthermore, the landlord is not liable for the failure of the wireless internet or technical problems with the internet that cannot be resolved immediately, as this is offered as a free service. 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 to operate the wireless internet 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 has been used improperly, insofar as the landlord has to fear a claim for this and cannot prevent this with usual and reasonable effort within a reasonable time. The landlord reserves the right, in particular, to block access to certain sites or services via the WLAN at any time and at his own discretion (e.g. sites that glorify violence, pornography or charge for services).

2. Access data
Use is carried out using access security. The access data (login name and password) may not be passed on to third parties under any circumstances. If the tenant wants to grant third parties access to the Internet via the WLAN, this is dependent on the prior written consent of the landlord and the acceptance of the provisions of this user agreement by the third party, documented by a signature and full identity information. The tenant undertakes to keep his access data secret. The landlord has the right to change access codes at any time.

3. Dangers of using the WLAN, limitation of liability
The tenant is advised that the WLAN only enables access to the Internet; virus protection and firewalls are not available. The data traffic generated using the WLAN is unencrypted. 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.) can get onto the end device when using the WLAN. The WLAN is used at the tenant's own risk. The landlord assumes no liability for damage to the tenant's digital media that occurs through the use of the Internet access, unless the damage was caused intentionally or through gross negligence by the landlord and/or his vicarious agents.

4. Responsibility and exemption from claims
The tenant is responsible for the data transmitted via the WLAN, the paid services used via it and the legal transactions carried out. If the tenant visits paid websites or enters into liabilities, the resulting costs must be borne by him. He is obliged to comply with applicable law when using the WLAN.
In particular, he will:
• not use the WiFi to access or distribute immoral or illegal content,
• not illegally copy, distribute or make available any copyrighted goods; this applies in particular in connection with the use of file sharing programs;
• observe the applicable youth protection regulations;
• not send or distribute any harassing, defamatory or threatening content;
• not use the WiFi to send mass messages (spam) and/or other forms of unlawful advertising.
The tenant indemnifies the landlord of the apartment from all damages and claims from third parties that are based on the tenant's illegal use of the WiFi and/or a violation of this agreement; this also extends to costs and expenses associated with the claim or defense against it. If the tenant recognizes or must recognize that such a violation of law and/or such a violation exists or is imminent, he will inform the landlord of the apartment of this fact.