General Terms and Conditions / Accommodation Contract
1. The accommodation contract (rental contract) between the guest and the landlord of a holiday flat comes into effect upon receipt of the written reservation confirmation by the landlord. Verbal additional agreements require the written confirmation of the landlord.
2. The accommodation contract obliges both guest and landlord to fulfil their mutual obligations for the entire rental period. The landlord is obliged to provide the accommodation in accordance with the agreements. The guest is obliged to pay the agreed price for the period of the order.
The landlord is entitled to demand an advance payment of 50% after receipt of the reservation confirmation.
3. the arrival has to take place until 19.00 o’clock. In case of a later arrival, the guest has to inform the landlord in time. Late arrival without timely notification of the landlord is considered a withdrawal of the guest from the contract and triggers the legal consequences under paragraph 4 of these conditions. The same applies in the event of premature departure by the guest without prior notification of the landlord.
4. If the guest withdraws from the contract for reasons attributable to him or her or if he or she does not make use of the booked accommodation, the landlord shall be entitled to demand the price less individually saved expenses and less what he or she has obtained from renting the accommodation elsewhere. The landlord may instead also claim a lump-sum compensation in the amount of 90 % of the respective agreed price. The guest reserves the right to prove that the lessor has incurred no or lower damages.
5. The landlord is entitled to payment of all services and a legal lien on the guest’s belongings upon arrival. The final cleaning of the holiday flat is included in the rental price. The guest will receive the rental property in a first-class condition and the landlord expects that the flat will be treated with care.
6. if the guest suffers damage during the stay in the accommodation or if he/she claims defects in the accommodation service, he/she must notify the landlord immediately. In addition to the legal liability of the landlord in the event of the guest’s property being brought in, the landlord shall only be liable in the event of non-bodily injury to the guest if there is evidence of intent and gross negligence.
7. the guest is fully liable for damage caused by him/her intentionally or negligently in the accommodation. In case of intentional damage to property as well as intentional theft of objects owned by the accommodation provider, criminal charges will be filed in any case. In this case, the accommodation contract will be terminated immediately by the landlord without notice for good cause and compensation will be claimed for the remaining duration of the contract in accordance with the cancellation regulations listed under point 4. Further damages are of course to be compensated by the guest.
8. the guest does not smoke in the flat or in the outdoor area belonging to it.
9. the place of jurisdiction and performance is Oberkirch.