§ 1 . Validity of the GTC
(1) These general terms and conditions apply to contracts for the rental of holiday apartments for accommodation as well as all other services and deliveries provided by the provider for the guest. The services of the provider are based exclusively on these general terms and conditions.
(2) The subletting or re-letting of the rented holiday apartment as well as its use for purposes other than residential require the prior written consent of the provider.
(3) Terms and conditions of the guest 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 booking / booking confirmation
Please enter your booking requests via the booking request or send them in writing to staycozy@web.de. You are also welcome to call us. The reservation for the holiday apartment is legally binding upon receipt of the booking confirmation and after the deposit has been paid (see §3).
§ 3 Terms of Payment
The total amount must be transferred to our account within 14 days of the booking confirmation. For short-term bookings immediately after receipt of the invoice. In the event of default in payment, we are entitled to demand the applicable statutory default interest in the amount of currently 5% above the base interest rate. For each reminder after the occurrence of default, the customer has to reimburse us for reminder costs in the amount of 15.00 euros. The customer bears all other costs incurred as part of the collection. The customer bears the costs of payment, especially in the case of transfers from abroad. All bank transfer fees are to be borne in full by the tenant, i.e. the full invoice amount is to be credited to our bank account free of charge. We only accept payments by bank transfer or cash payments by arrangement, no EC and credit cards or checks.
§ 4 arrival and departure
On the day of arrival, the apartment is available from 3 p.m. The keys are in a key box next to the front door on the day of arrival. Claims for damages cannot be asserted if, in exceptional cases, the holiday home cannot be occupied punctually at 3:00 p.m. The apartment must be vacated by 10 a.m. on the day of departure. The landlord reserves the right to invoice a late departure. The apartment must be left swept clean on the day of departure. The dishes, glasses, etc. must be cleaned and put away, the garbage cans emptied and the refrigerator emptied.
§ 5 holiday apartments
The apartment is handed over by the landlord in a neat and clean condition with complete inventory. Should there be any defects or should occur during the rental period, the landlord must be informed immediately. The tenant is liable for any damage he has caused 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 a cylinder lock with 3 keys costs 200.00 euros.
The inventory is to be treated with care and care and is only intended to remain in the holiday apartments. Moving furniture, especially beds, is prohibited. The tenant is also liable for the negligence of his fellow travelers. Damage caused by force majeure is excluded from this. The contract can be terminated without notice if the holiday home is used in breach of the contract, such as subletting, overcrowding, disruption of housekeeping, etc., or if the full rental price is not paid. The rent already paid remains with the landlord. If there is 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
Pets of any kind are not allowed in the holiday home.
§ 7 Residence
The holiday apartment may only be used by the persons listed in the booking. If the apartment is used by more people than agreed, a separate fee must be paid for them, which is determined in the rental price. In this case, the landlord also has the right to terminate the rental agreement without notice. Subletting and letting the apartment to third parties is not permitted. The rental agreement may not be passed on to third parties. The tenant agrees to the general terms and conditions and the house rules of the holiday apartments. The declaration of consent takes place with the payment. If the terms and conditions or the house rules are violated, the landlord is entitled to terminate the rental relationship immediately and without notice. There is no legal right to repayment of the rent or compensation.
§ 8 travel cancellation
If the tenant withdraws from the rental agreement, he is obliged to pay part of the agreed price as compensation. A cancellation must be made in writing. The amount of compensation depends on the time until the day of arrival and is as follows:
§ 9 Cancellation by the landlord
In the event of a cancellation on our part, as a result of force majeure or other unforeseeable circumstances (such as an accident or illness of the host) 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 event of a justified withdrawal, the customer has no right to compensation - liability for travel and hotel costs is not assumed. A resignation by the landlord can take place after the start of the rental without observing a deadline if the tenant disturbs other tenants persistently despite a warning or acts contrary to the contract to such an extent that the immediate cancellation of the rental contract is justified.
§10 Liability of the lessor
The landlord is liable within the framework of the due diligence of a prudent businessman for the proper provision of the rental property. Liability for possible failures or disturbances in the 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 Internet access via WLAN
The landlord maintains internet access via WLAN in his holiday home. It allows the tenant to share the WiFi 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 WiFi. 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 additional co-users to operate the WLAN in whole, in part or temporarily and to restrict or exclude the tenant's access in whole, in part or in part if the connection is or has been used in an improper manner, insofar as the landlord must fear a claim and cannot prevent this with customary and reasonable effort in a reasonable time. In particular, the landlord reserves the right to block access to certain sites or services via the WLAN at its own discretion and at any time (e.g. sites that glorify violence, are pornographic or payable).
§11.2. access data
It is used by means of access security. The access data (login and password) may under no circumstances be passed on to third parties. 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 regulations of this user agreement by the third party, documented by means of a signature and complete identification. The tenant undertakes to keep his access data secret. The landlord has the right to change access codes at any time.
§11.3. Dangers of using WLAN, limitation of liability
The tenant's attention is drawn to the fact that the WLAN only allows access to the Internet, virus protection and firewall are not available. The data traffic established using the WLAN is unencrypted. The data can therefore possibly 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 device when using the WLAN. Use of the WLAN is at your own risk and at the tenant's own risk. The landlord assumes no liability for damage to the tenant's digital media resulting from the use of the Internet access, unless the damage was caused intentionally or through gross negligence by the landlord and / or his vicarious agents.
§11.4. Accountability and indemnification from claims
The tenant is responsible for the data transmitted via the WLAN, the chargeable services used and legal transactions that have not been carried out. If the tenant visits paid websites or enters into liabilities, the resulting costs are to be borne by him. He is obliged to comply with applicable law when using the WLAN. In particular, he will: To use the WLAN neither to retrieve nor to distribute immoral or illegal content; Do not 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 youth protection regulations; not send or distribute harassing, defamatory or threatening content; Do not use the WLAN to send mass messages (spam) and / or other forms of unauthorized advertising. The tenant indemnifies the landlord of the holiday property from all damage and claims by third parties that are based on illegal use of the WLAN by the tenant and / or on a violation of the present agreement; this also extends to the use or defense thereof related costs and expenses. If the tenant recognizes or has to recognize that such a violation of the law and / or such a violation is present or threatened, he shall inform the landlord of the holiday property of this fact.
§ 12 House rules, general rights and obligations
(1) The guest is obliged to comply with the house rules. From 10:00 p.m. to 7:00 a.m., the period is quiet. To avoid interference, TV and audio equipment must be set to room volume.
(2) For the duration of the rental of the holiday apartment, the guest is obliged to keep windows and doors closed when leaving the holiday apartment.
(3) A general smoking ban applies in the holiday apartment. In the event of non-compliance, the provider can charge a flat-rate cleaning fee of up to EUR 100.00 (net). Smoking is only allowed on balconies and terraces.
(4) The provider has the right to access the holiday home at any time, especially in the event of imminent danger. Appropriate consideration must be given to the interests of the guest that are worthy of protection when exercising the right of access. The provider will inform the guest in advance about the exercise of the right of access, unless this is unreasonable or impossible for him in the circumstances of the individual case.
§13 written form
There are no agreements other than those listed in this contract. Oral agreements were not made. The general terms and conditions are accepted with the transfer of the deposit.
§14. Severability clause
Should one or more provisions of these terms and conditions become ineffective, this shall not affect the validity of the remaining provisions. The ineffective provision is to be replaced by an effective one that comes as close as possible to the economic purpose pursued by the ineffective provision.
