General terms and conditions

for the rental of a holiday apartment at Ahornstr. 30, 83451 Piding, by Giebe & Eder Ferienvermietung GbR, at the same address

1. Scope

The following general terms and conditions apply to all rental contracts for a holiday apartment concluded with Giebe & Eder Ferienvermietung GbR (landlord).

Together with your booking confirmation, these terms form the contractual terms of the holiday apartment rental.

You must accept these terms of use in order to rent the holiday apartment.

2. Arrival / departure

Arrival and departure are the tenant’s own responsibility. Arrival must take place on the first day of the rental period from 3 pm, departure on the last day of the rental period by 12 noon at the latest. Other arrival and departure times can be agreed individually with the landlord. If the tenant has not arrived by 10 pm on the day of arrival, the contract is deemed terminated after 48 hours without notification to the landlord. The landlord or her representative may then freely dispose of the property. As a rule, there is no (pro-rata) refund of the rent for early departure.

During the rental period the tenant may use the car parking spaces on the property free of charge.

3. Prices

All prices include statutory VAT at the applicable rate as well as the costs of water, waste, use of a parking space, towels and bed linen, and the final cleaning of the holiday apartment.

If, in addition, the municipality of Piding levies a visitor’s tax (Kurtaxe) for the duration of the rental, its amount depends on the municipality’s rules on the one hand and on the number of occupants on the other. It is to be paid to us together with the rent.

Currently, every guest who has reached the age of 12 must pay an amount of EUR 1.00 per day.

4. Payment

The contract becomes valid upon receipt of the deposit in the landlord’s account. The deposit of 20% of the rent is due for payment within seven days of receipt of the booking documents. After the deposit has been paid, the balance is due 30 days before the start of the stay. If the payment deadlines are not met, the landlord may withdraw from the contract. Non-payment is deemed a cancellation and entitles the landlord to re-let.

5. Obligations of the tenant

The tenant undertakes to treat the rented property (holiday home, inventory and outdoor facilities) with care. If damage to the holiday apartment and/or its inventory occurs during the tenancy, the tenant is obliged to report this to the landlord without delay. Defects and damage already found on arrival must be reported immediately; otherwise the tenant is liable for this damage. The landlord must be given a reasonable period to remedy damage and defects. Claims arising from complaints that are not reported on site without delay are excluded. Complaints that reach the landlord only at the end of the stay or after leaving the holiday home are likewise excluded from compensation.

In the event of any service disruptions, the tenant is obliged to do everything reasonable within the scope of his statutory obligations to help remedy the disruption and to keep any damage to a minimum. On the day of departure the tenant must remove personal belongings, dispose of household waste in the containers provided and store crockery clean and washed in the kitchen cupboards.

6. Cancellation

The tenant may withdraw from the contract at any time. In the event of cancellation after the 90th day before the start of the rental, you are obliged to compensate for the damage incurred as follows:

• from the 89th day to the 60th day before the start of the rental: the amount of the deposit, 20% of the total price;
• from the 59th day to the 30th day before the start of the rental: 50% of the total price;
• from the 29th day to the 8th day before the start of the rental: 80% of the total price.

In the event of cancellation less than eight days before the start of the rental, the full price is payable if the holiday apartment cannot be re-let for the period in question. In this case a processing fee of 20% of the total price is charged.

The date of receipt of your cancellation notice applies in each case.

Amounts already paid will be offset.

You may nominate a substitute person who takes over your contract on the stated terms. Written notification is sufficient.

7. Data protection

The tenant agrees that necessary personal data within the scope of the contract concluded with him will be stored for as long as they are required for the landlord’s documentation obligations. All personal data are treated in strict confidence.

8. Liability

No liability is accepted for any impact on the rental property due to force majeure, power and water outages customary in the country, or severe weather. Likewise, there is no liability in the event of unforeseeable or unavoidable circumstances such as official orders, sudden construction work, or disturbances due to natural and local conditions. However, the landlord will help to resolve the problems as far as she is able. Liability of the landlord for damage arising from the use of play and sports equipment or parking spaces provided is excluded unless she is guilty of intent or gross negligence. The landlord is not liable for the loss of personal belongings through theft or fire. The tenant is fully liable for wilful destruction or damage.

9. Final provisions

Special requests and side agreements are generally possible. They require written confirmation by the landlord.

Bringing pets into the holiday apartment is not permitted.

Smoking is only permitted on the balcony of the holiday apartment.

Photos and text on the landlord’s website serve as a realistic description. Complete correspondence with the rental property cannot be guaranteed. The landlord reserves the right to make changes to the furnishings (e.g. furniture) provided they do not deviate to the tenant’s disadvantage.

Should one or more provisions of these terms be or become invalid, this shall not affect the validity of the remaining terms. The invalid provision shall be replaced by a valid one that comes closest to the economic and legal intention of the parties.

German law applies.

Place of jurisdiction and place of performance is Piding.