1. Scope of the terms and conditions
1.1 These terms and conditions apply to contracts for the rental of the apartment for accommodation, as well as all other services provided for the guest (tenant) by Fischers Fritze Appartement & Meer, Neue Grünhainer Str. 3f in 08315 Lauter-Bernsbach in the Villa Minna in the Fischers apartment Fritze, Poststrasse 4 in 18586 Ostseebad Göhren. (hereinafter referred to as landlord).
1.2. The guest’s terms and conditions only apply if this has been agreed in advance in writing.
1.3. The subletting or re-letting of the rented apartment as well as its use for purposes other than accommodation require the prior written consent of the landlord in accordance with Section 540 Paragraph 1 Clause 2 BGB.
2. Contractual partner, conclusion of contract, statute of limitations
2.1. The contractual partners are the guest and the landlord. If a third party has ordered for the guest, he is jointly and severally liable with the guest for all contractual obligations.
2.2. The contract is concluded through the confirmation of a booking / reservation on the part of the landlord, through acceptance of a binding offer by the guest and the payment of the rental price or the agreed deposit.
2.3. The contracting parties agree a limitation period of one year for contractual claims by the guest. Tort claims expire after three years. The statute of limitations begins one month after the day on which the stay should end according to the contract.
3. Services, prices, payment, offsetting
3.1. The landlord is obliged to keep the apartment booked by the guest ready and to provide the agreed service.
3.2. The guest is obliged to pay the applicable or agreed prices for the apartment rental and the other services he has used. This also applies to services and expenses to third parties initiated by the guest.
3.3. The agreed prices include the respective statutory value added tax.
3.4. The down payment of 25% of the rental price must be paid within 10 days of receipt of the booking confirmation without deduction. The remaining amount is paid to our account up to 5 days before arrival. Different payment dates can be agreed in writing in the contract. The landlord can demand immediate payment of due claims from the guest at any time.
3.5. Animals may only be brought along with prior consent and for a fee.
3.6. The guest can only offset or reduce an undisputed or legally binding claim against the landlord.
4. Withdrawal by the customer, cancellation, non-use of the services of the Fischers Fritze apartment
4.1. A withdrawal from the contract by the guest must be in writing. If this is not the case, the agreed price must be paid even if the guest does not use the contractual services. This does not apply to withdrawals for which the guest is not responsible (e.g. force majeure)
4.2. If the guest cannot arrive because he is ill for a short time, the landlord is entitled to claim compensation for the withdrawal, provided that no replacement tenant can be found. The tenant only pays a maximum of 80% of the travel price for the nights that cannot be re-booked. In any case, a processing fee of 30 euros will be charged.
4.3. It is recommended to take out travel cancellation insurance.
5. Cancellation by the landlord
5.1. If an agreed advance payment is not made even after a set, reasonable grace period has expired, the landlord is entitled to withdraw from the contract.
5.2. The landlord is entitled to extraordinary withdrawal from the contract: in the event of force majeure or other circumstances for which the landlord is not responsible and which make it impossible to fulfill the contract.
5.3. If the lessor is justified in withdrawing from the contract, the guest has no right to compensation.
6. Arrival and departure
6.1. The booked apartment is available to the guest from 3 p.m. on the agreed arrival date.
6.2. On the agreed departure date, the apartment must be vacated by 10:00 a.m. at the latest. If the room is vacated late by 2:00 p.m., 50% of the full room rate can be charged and 100% from 6:00 p.m. This does not justify contractual claims by the guest. He is free to prove that the landlord has no or a significantly lower claim to usage fee.
7. Lessor’s Liability
7.1. The landlord is liable for his obligations under the contract. Claims of the guest for damages are excluded. Excluded from this are damage that is based on an intentional or negligent breach of typical contractual obligations of the lessor.
Should disruptions or deficiencies in the landlord’s services occur, the landlord will endeavor, if he becomes aware of this or upon immediate complaint by the guest, for
To take remedial action. The guest is obliged to do what is reasonable for him to remedy the disruption and to keep possible damage to a minimum.
7.2. If the tenant is provided with a parking space on the property, this does not result in a safekeeping agreement. The landlord is not liable for loss of or damage to vehicles parked or maneuvered on the property and their contents, unless the landlord caused the damage intentionally or through gross negligence.
8.1. At your request, the host will, as far as practicable, make a rebooking before the start of the deadlines mentioned under point 4. A rebooking fee of 30 euros / person will be charged for this. Subsequent changes can only be made after withdrawing from the contract under the conditions set out in Clause 4 with a new registration at the same time.
9. Other provisions
9.1 Changes or additions to the contract or these terms and conditions must be made in writing. Unilateral changes or additions by the guest are ineffective.
9.2. The place of jurisdiction is Chemnitz.
9.3. Should individual provisions of these general terms and conditions be or become ineffective or void, this shall not affect the validity of the remaining provisions.
Status: July 2013