General Terms and Conditions of Business
The use of the vacation apartment is subject to the following General Terms and Conditions of Business.
Last revised: 6 February 2015
General Terms and Conditions of Business for the vacation apartment of Michael Kress in the Saarland
At the time of booking, these General Terms and Conditions of Business applicable at the time of the conclusion of the contract between Michael Kress (hereinafter referred to as “provider”) and the user of the vacation apartment (hereinafter referred to as “guest”) will become a part of the contract concluded, insofar as no other individual agreements were made in the relevant contract. Terms and conditions of business of the guest apply only if this was agreed in advance.
Before the contract is concluded, the guest has the option of viewing the apartment in order to familiarize himself/herself thoroughly with all aspects of the vacation apartment. In particular, aspects of the holiday apartment can then be shown that cannot be presented or presented only with difficulty in the advertisements. The provider recommends scheduling an appointment for viewing with the provider before conclusion of the contract in order to enable the guest to make the right decision with regard to concluding the contract. The viewing will be conducted only with interested parties who are actually interested in concluding a contract.
The vacation apartment is rented to the guest for the purpose of temporary residence. A residential purpose in the aforementioned sense is defined as the guest taking a vacation, residing in the apartment for work or study purposes, or using the living space in conjunction with attending sports or cultural events. Any use deviating from those specified above is considered to be in violation of the contract.
Subletting / Transfer
Subletting or transferring the rented vacation apartment requires the prior written consent of the provider.
Entry into force of the contract
The guest conveys a non-binding inquiry via the contact form (on the website of the provider), via fax, via letter or simply verbally, in order to ask about the availability of the apartment on the desired date(s). With the inquiry, the guest offers the provider the conclusion of a contract.
Upon receiving the guest’s inquiry, the provider will inform the guest of the availability of the vacation apartment without obligation. At the same time, the provider will inform the guest of the terms and conditions (rent and security deposit) for the intended contract.
The guest pays the agreed rental fee and the security deposit to the provider. The contract enters into force with the completed payment.
Manner of payment
The rental fee and the security deposit are to be paid together in a single payment to the account of the provider no later than 4 weeks before the starting rental date. The only form of payment accepted is electronic bank transfer to the bank account of the provider. Reductions in the rental fee or security deposit are not permitted.
If payment is not made in a timely manner (the booking fee and security deposit must actually be accessible to the provider before the guest takes up residence), no contract will be concluded.
Contractual partner / Guest
The contractual partner must be the guest. No contract can be concluded by proxy for a third party, unless this was explicitly agreed beforehand in a company contract. In the event of multiple persons occupying the apartment, each individual guest is deemed a contractual partner in the same contract.
Type of rental / provision of the apartment
The vacation apartment may be used only for the purposes specified in the section “Contractual use”. The following applies in particular:
No furniture may be modified.
No walls may be modified.
No inventory, furnishings, equipment, fittings or fixtures may be modified.
No electrical installations may be modified.
No sanitary installations may be modified.
No windows or doors may be modified.
No other parts of the apartment nor any movable parts contained therein may be modified.
The inventory list is an integral part of the contract and documents the condition of the vacation apartment as it is found before the beginning of the rental period. Before departure, the guest must ensure that the vacation apartment is entire in accordance with the inventory list and undamaged. The provider recommends checking the inventory against the inventory list upon arrival. Any differences must be immediately reported to the provider upon handover of the vacation apartment.
The key to the vacation apartment must always be kept in a safe place and must not be given to third parties.
Compliance with building rules
When using the vacation apartment, the guest must comply with the applicable version of the house rules. Violations of the building rules are deemed violations of the contract.
The guest may park in front of the building whenever the parking situation permits.
In the event of violations of the building rules, the claim to use of the premises expires immediately. In the event of violations of proper use, smoking in the apartment or bringing a pet into the apartment, the permission to use the premises will be revoked with immediate effect, regardless of the remaining period for which the vacation apartment has been booked.
Smoking and open fire
Smoking and any type of open flame/fire are prohibited in the vacation apartment. Burning incense is also prohibited in the apartment. These rules apply particularly to the balcony as well. Deactivation of the installed smoke detectors is prohibited. Any defects in the smoke detectors must be reported to the provider immediately. The guest can determine whether a smoke detector has a defect by pressing the test button on the relevant smoke detector.
For reasons of hygiene, pets are not permitted in the vacation apartment.
The rental fee is determined by the length of stay and is specified in the applicable version of the price list. The rental fee is an integral part of the contract.
The guest will pay an amount specified by the provider to the provider before the start of the rental period as a security deposit. The amount of the security deposit is specified in the applicable version of the price list. The security deposit is an integral part of the contract.
The security deposit will be used by the provider to pay for any damage to the vacation apartment for which the guest is responsible. (Further details in this regard are governed by the “Liability” section of the contract.)
The security deposit will be refunded to the guest via electronic bank transfer after termination of the contract and after inspection of the apartment, insofar as no damage was noted by the provider.
Termination of the contract
The contract between the provider and the guest ends as of the agreed end of the rental period.
In the event of improper use by the guest (including improper use by third parties for whom the guest is responsible), the contract will be terminated with immediate effect.
Extension of the contract
Extension of the contract is possible only after consultation with the provider and requires a written agreement on the extension.
Withdrawal from the contract
Withdrawal from the contract is possible only before the start of the rental period. The guest can withdraw from the contract before the start of the rental period under the following conditions:
In the event of withdrawal 0-1 day before the start of the rental period, no refund of the rental fee is possible. One hundred percent of the security deposit will be refunded.
In the event of withdrawal 2-5 days before the start of the rental period, 20% of the rental fee will be refunded. One hundred percent of the security deposit will be refunded.
In the event of withdrawal 6-13 days before the start of the rental period, 50% of the rental fee will be refunded. One hundred percent of the security deposit will be refunded.
In the event of withdrawal 14-28 days before the start of the rental period, 80% of the rental fee will be refunded. One hundred percent of the security deposit will be refunded.
In the event of withdrawal 29 or more days before the start of the rental period, 100% of the rental fee will be refunded. One hundred percent of the security deposit will be refunded.
Departure / Inspection
The departure of the guest will ensue at the end of the contract. An inspection must take place, which will be documented by means of an inspection protocol. The inspection may be conducted solely by the provider; however, the inspection is usually done jointly by the provider and the guest. If the inspection cannot be done jointly (e.g. due to scheduling difficulties), it may be conducted by the provider alone.
The keys to the vacation apartment and all other objects provided to the guest for his use must be returned. In particular, the keys must be personally handed over to the provider. The provider can also designate a third party to receive the keys, if required.
The guest must depart by 10:00 a.m.
The guest must arrive after 3:00 p.m. The arrival time must always be coordinated with the provider.
The day of arrival will be agreed as the start of the rental period.
The guest is liable for all damage for which s/he is responsible. Initially, the security deposit will be used to pay for the damage for which the guest is responsible. Should the security deposit not suffice to cover the damage, the guest is liable for the damage exceeding the amount of the security deposit. The provider recommends that the guest, before occupying the vacation apartment, take out private liability insurance that will cover any damage for which the guest may be responsible.
The provider assumes no liability whatsoever.
The provider will make a selection of cleaning agents available to the guest. The guest is obligated to keep the apartment clean and tidy. Upon request and for an extra charge, the provider can offer a comprehensive cleaning once a week during longer stays. The costs for the additional cleaning can be found in the price list.
The vacation apartment must be left clean and tidy. In each room there are photos of the respective room which serve as examples for the guest of how the room should be left upon departure. The furnishings, equipment, fixtures, fittings and inventory must be complete and intact in accordance with the inventory list.
The agreed place of jurisdiction is the municipal court in 66424 Homburg/Saar.