Terms of services
§ 1 . Validity of the terms and conditions
(1) These terms and conditions apply to contracts for the rental of apartments for accommodation and all other services and supplies provided by the provider for the guest. The services of the provider are exclusively based on these terms and conditions.
(2) The subletting or re-letting of the leased apartment and its use for purposes other than residential purposes require the prior written consent of the provider.
(3) Terms and conditions of the guest apply only 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 the provider confirms the booking request of the guest by telephone or in writing by mail, e-mail and / or fax and thus accepts the booking (application acceptance).
(2) Contracting parties are the provider and the guest. If a third party has ordered for the guest, he is liable to the provider together with the guest as joint debtor for all obligations under this contract, if the provider has a corresponding declaration of the third party. If this required declaration of liability is not submitted by the third party, the provider can withdraw from the contract without further explanation at any time.
(3) The guest is obliged to check the booking confirmation for correctness. If the booking confirmation deviates in content from the booking request and the guest does not raise objections immediately, the content of the booking confirmation is deemed to have been agreed by contract.
§ 3. Services, prices, payment, offsetting, deposit
(1) The provider is obliged to keep ready the apartment booked by the guest and to provide the agreed services. The apartment corresponds to the standard of an average rental apartment. The provider accepts liability only for expressly promised features, but not for the subjective quality of the equipment (eg ventilation).
(2) The guest is obliged to pay the applicable or agreed prices of the provider for the provision of the apartment and the other services used by him. This also applies to the guest's services and expenses of the provider to third parties.
(3) All prices include the respective statutory value added tax.
(4) The guest is obliged to provide truthful information about the number of persons occupying the apartment. The apartment is available for a maximum of the number of persons mentioned in the booking confirmation according to § 2 Abs. 1. The occupancy of an additional number of persons requires the prior written consent of the provider. The price for the lease of the apartment increases in this case on the basis of appropriate occupancy by the provider generally calculated price.
(5) If the period between conclusion of the contract and performance of the contract exceeds four months and the price generally charged by the supplier for such services increases, the supplier may raise the contractually agreed price appropriately, but not by more than 10%.
(6) The payment of the agreed price for the rental of the apartment as well as for the additional services agreed with the guest is due no later than on the day of arrival at handover of the keys. It must be made in cash at this time, unless the provider has expressly agreed to another payment method vis-à-vis the guest. Credit cards and debit cards can not be accepted as a form of payment locally.
(7) The provider reserves the right to demand from the guest prior to arrival a reasonable pre-payment on the price agreed for the rental of the apartment as well as the additional services agreed with the guest. If an advance payment with the booking confirmation pursuant to § 2 para. 1 is required, this is due on the 8th day after the confirmation of the booking has been submitted. If the provider can not record a payment until the 8th day after the confirmation of the booking has been submitted, and if this is not done after expiry of a reasonable period of grace set by the provider with a threat of refusal, the provider is entitled to withdraw from the contract; he must inform the guest in writing. § 5 (3) shall apply mutatis mutandis with the proviso that the 8th day after the transmission of the booking confirmation is deemed to be the day of the cancellation.
(8) The guest can only set off an undisputed or legally established claim against a claim of the provider.
§ 4. General rights and obligations; House rule
(1) The guest has to treat the leased apartment and its inventory with care. The guest is obliged to comply with the house rules. From 22.00 o'clock to 7.00 o'clock the night rest applies. During this time special consideration for the neighbors is also required in the house entrances and staircases. To avoid interference, TV and audio equipment should be set to room volume.
(2) For the duration of the rental of the apartment, the guest is required to leave the apartment closed windows (except tipped) and doors closed, all radiators on low level to regulate and light and turn off technical equipment.
(3) The accommodation of pets of any kind is allowed in the apartment only after prior written consent of the provider. The provider may charge a reasonable fee for the accommodation of animals. If animals are accommodated without the prior consent of the provider, they can charge a cleaning fee of up to € 200.00 (net).
(4) In the apartment applies a general smoking ban. In case of violations, the provider may charge a cleaning fee of up to € 200.00 (net). Smoking is only allowed on balconies and terraces.
(5) The internet use is permitted, as far as this does not violate the legal regulations. Punitive acts (in particular unlawful downloads, page views) are brought to light and prosecuted. Only the guest is liable for any illegal use of the internet.
(6) The installation and / or attachment of materials for decoration or the like is not allowed in the apartment. The guest is liable for nevertheless one and / or attached decoration o. Ö. Alone and releases the offerer of claims of third parties. He is also obliged to compensate for damage caused by the installation and / or attachment of decoration or similar.
(7) The provider has a permanent right of access to the apartment, especially in case of imminent danger. The privileged interests of the guest must be given due consideration when exercising the right of access. The provider will inform the guest about the exercise of the right of access in advance, unless this is unreasonable or impossible for him in the circumstances of the individual case.
§ 5. Withdrawal from the contract (cancellation, cancellation) / exclusions
(1) A resignation of the guest from the contract concluded with the provider requires the written consent of the provider. If this is not the case, then the agreed price from the contract is payable even if the customer does not make use of contractual services. This does not apply in cases of delay in performance of the provider or an impossibility of service provision for which he is responsible.
(2) The guest can, without triggering payment or damage claims of the provider, only withdraw from the contract, provided that the possibility of withdrawal has been agreed in writing between him and the provider by a certain date. This right of withdrawal of the guest expires if he does not exercise his right to rescind in writing to the provider by the agreed date, unless there is a case of default of service of the provider or an impossibility of service provision for which he is responsible.
(3) Without triggering payment or damage claims of the provider, the guest is entitled to free cancellation until the 31st day before arrival.
For cancellations from the 30th day before arrival, 100% of the booking costs are due net!
Cancellations must be made in writing to the provider, unless the provider agrees to a verbal cancellation. The cancellation day is the date of receipt of the cancellation by the provider.
(4) In the case of a holiday apartment not used by the guest, the provider has to offset the income from other rental of the holiday apartment as well as the saved expenses.
(5) If the guest does not appear at the latest by 22.00 hours on the day of arrival or at the latest 60 minutes after a later date agreed in accordance with § 7 (1) without having canceled, the contract is deemed to have been canceled. Paragraph 3 is to be applied accordingly. In addition, the provider may charge the guest an administration fee of € 100.00 (net).
(6) If a right of withdrawal of the guest within a certain period in accordance with paragraph 2 has been agreed in writing, the provider is in turn entitled to withdraw from the contract, if inquiries from other guests to the contractually booked apartment and the guest on request of the provider not waived his right to resign.
(7) Furthermore, the provider is entitled to withdraw from the contract for objectively justified reasons or to terminate this extraordinary, if, for example: B.
a) force majeure or other circumstances for which the provider is not responsible make performance of the contract impossible;
b) the apartment under misleading or false statement of material facts, such. B. in the person of the guest or with regard to the purpose or with respect to the occupancy or with respect to the housing of animals, was booked,
c) the apartment is used for other purposes than residential purposes,
d) the provider has justified cause to believe that the use of the service endangers the security or the peace of the house of other guests or neighbors or the reputation of the provider in public, without this being attributable to the domain or organization of the provider.
(8) The provider must notify the guest immediately of the exercise of the right of withdrawal or termination. In cases of paragraph 7 a), the provider must immediately reimburse rental payments already made and / or advance payments. In the case of justified resignation or justified termination by the provider, no claim of the guest for damages arises. The guest has to reimburse the provider for all damages for which he is responsible due to a resignation or an extraordinary termination in accordance with paragraph 7.
(9) The motorway 93 Rosenheim - Kiefersfelden, as well as the train line Rosenheim Innsbruck, brings the guest to the apartment Gletschergarten. These are an integral part of the Inn Valley. Therefore, it is expressly pointed out that it can come to acoustic influences of these two roads in the area of the apartment! By booking this circumstance is recognized by the tenant of the apartment! A reduction or even a refund of the rent is therefore excluded!
§ 6. Liability; limitation
(1) The provider is liable for its obligations under the contract. The liability is limited to intent and gross negligence of the provider, if and insofar as he is not absolutely bound by the statutory provisions indispensable. Should faults or defects in the services of the provider occur, the provider will make an effort, with knowledge or immediate notification of the guest, to eliminate the fault or the defect. The guest is obliged to do his / her best to eliminate the disruption or defect and to minimize possible damage.
(2) The provider is not liable for any items brought in by the guest; they are not considered as brought in items within the meaning of §§ 701 f. BGB. A liability of the provider according to these regulations is thus expressly excluded. This also applies expressly to valuables that the guest keeps in the apartment and / or leaves behind.
(3) The guest is liable for all damages that he, his fellow travelers or his visitors in the house of the apartment, in the apartment and / or the inventory of the apartment culpably caused / have. A private liability insurance is recommended to the guest. The guest is obliged to inform the provider immediately. This also applies in particular to damages that may affect other apartments in the house (eg water damage, fire damage).
(4) Claims of the guest expire in six months, unless the provider is liable for intent. Claims of the supplier expire in the respective statutory period.
§ 7. Arrival and departure, key collection; Late eviction
(1) The apartment is on the day of arrival Saturday / Sunday, regularly available from 14.00 clock, on all other days from 16.00 clock. The arrival must take place until 22.00 clock, unless a later arrival time is agreed in advance with the provider. An arrival before 14.00 clock can also be made only if this has been agreed in advance with the provider.
(3) The guest is obliged to present the supplier with his / her valid identity card or passport upon arrival.
(4) The provider may request the payment of a deposit of € 150.00 upon arrival. The provider refunds this deposit in case of timely eviction of the apartment and personal delivery of all keys on the day of departure, unless otherwise agreed with the guest and if the apartment has no damage caused by the guest, or does not correspond to the cleaning state on the day of arrival! In the event of any further damage to the holiday apartment and / or the inventory, the guest will make the necessary cash amount for the damages in cash (§ 249 para. 2 BGB). If the apartment is not personally handed over on the day of departure, the deposit will be refunded by the host by bank transfer after the apartment has been checked. The given keys to the apartment, are left at the apartment door.
(5) On the day of departure, the guest must vacate the apartment until 11.00 am at the latest. In case of delayed eviction of the apartment, the provider is entitled to an additional payment to the guest. This is
a) € 50.00 (net) in case of eviction after 11.00 but before 13.00;
b) 100% of the agreed overnight price / night in case of an evacuation after 13.00 o'clock.
In addition, the provider is entitled to compensation for all further damage due to a delayed eviction.
(6) The eviction pursuant to paragraph 4 shall only be deemed to have been effected if all keys have been issued to the provider or his representative. For this purpose, the guest, if this was previously agreed with the provider, leave all the keys on the table in the apartment and pull the door. The guest is obliged to check the proper closing of the apartment door.
(7) In the event of loss of one or more keys, the guest must pay damages to the provider for their new production and, if necessary, for the installation of new locks.
§ 8. data protection
The personal data provided by the guest, including the identity card or passport number, are stored electronically by the provider. The data will not be passed on to third parties, unless this is necessary for the execution of the contract.
§ 9. final provisions
(1) Changes or additions to the contract, the acceptance of the application or these General Terms and Conditions should be made in writing. Unilateral changes or additions by the guest are ineffective.
(2) Place of fulfillment and payment is Flintsbach am Inn, Germany.
(3) Only the law of the Federal Republic of Germany applies to the contract.
(4) Exclusive jurisdiction is - also for check and Wechselstreitigkeiten -, Germany. If one of the contracting parties has no general place of jurisdiction in Germany, the exclusive place of jurisdiction is Rosenheim, Germany.
(5) These terms and conditions are protected by copyright. They are only for the personal use of the guest. A commercial use by third parties is expressly contradicted. From the publication also on the Internet does not follow that these terms and conditions are provided to third parties for use or modification. The prosecution of copyright infringement remains reserved.
(6) Should one of the above provisions be or become invalid or void, this shall not affect the validity of the remaining provisions. The ineffective provision shall be replaced by a provision which comes closest to the purpose of the provision to be replaced. In addition, the statutory provisions apply.