Terms and Conditions
General Terms and Conditions of Holiday Apartment Bardowicks from 12.02.2024
1 General
These General Terms and Conditions (“GTC”) apply to all contracts concluded between us and a guest, organizer, or other contractual partner (“Customer”). They also apply to any services we provide to the customer.
These GTCs exclusively apply to contracts concluded with us and the services provided by us. Any conflicting and/or additional terms and conditions of the customer are hereby objected to and shall not apply unless expressly agreed upon in writing by us.
These GTCs apply to all contracts and services if their inclusion has been indicated before the conclusion of the contract.
2 Conclusion of the Contract
At Holiday Apartment Bardowicks, holiday apartments can be booked. The tenant must be at least 21 years old. The contract is concluded between the lessor Holiday Apartment Bardowicks and the persons requested by you (Guest).
The request for a booking is made by the guest in writing via the email of the Holiday Apartment Bardowicks website. Within 1 week, Holiday Apartment Bardowicks will accept and confirm the request. The booking and reservation of the accommodation are completed when the guest has paid the invoice amount within three days after receipt of the invoice. Otherwise, the booking will be canceled, and the reservation will be canceled. With the payment, Holiday Apartment Bardowicks confirms the conclusion of the rental agreement and ensures a binding commitment for the desired rental period. The guest will be promptly notified in writing of the confirmation of the booking and simultaneously accepts the rental agreement. An additional rental agreement will not be issued.
3 Purpose and Duration of the Rental
The rented holiday property is only rented for the time specified in the rental agreement. An extension of the rental period is possible subject to availability and with a written request.
The maximum number of persons is specified in the contract. Unauthorized accommodation of foreign overnight guests will be charged twice the basic overnight rate. Alternatively, the lessor reserves the right to reject unregistered persons in case of overcrowding or to terminate the rental agreement with immediate effect. A paid or unpaid transfer of the rental property to third parties is prohibited for the tenant. In the event of violations, the lessor is entitled to terminate the rental agreement without notice. Companies booking on behalf of their employees must register their employees in advance.
The guest must identify himself on the day of check-in. Assignment of claims of a traveler against Holiday Apartment Bardowicks to other travelers, third parties, including spouses and relatives, is excluded.
Pets may only be kept in the rental property with the prior written consent (consent) of Holiday Apartment Bardowicks. In this case, Holiday Apartment Bardowicks expressly reserves the right to charge a surcharge of €50 per day and increased cleaning costs of an additional €100.
If the rental property is equipped with an internet connection/Wi-Fi, the lessor assumes no liability for the functionality of the internet connection/Wi-Fi or damages resulting from its use, especially in case of virus infestation. Any misuse of the internet connection/Wi-Fi, including the use of illegal content from the internet, such as the unlawful use of copyrighted content, is prohibited. The tenant indemnifies the lessor from all claims of third parties resulting from abusive use of the internet connection/Wi-Fi.
4 Payment
Subject to priority provisions in the booking confirmation, the tenant is obliged to pay the full amount within 3 days after receipt of the booking confirmation and the invoice. If a rental property is booked for several months, the complete invoice amount is due proportionally at the end of each month.
If the payment deadlines are not met, the lessor may, if necessary represented by cancel the contract or terminate it without notice and cancel the reservation. In this case, the lessor is entitled to re-rent the rental property, but not obligated to do so. If the tenant is already living in the rental property, he must vacate the rental property immediately.
In this case, the lessor is entitled to the lump sum specified in § 4, but must credit himself with what he has obtained through other rental of the rental property.
Payment is made exclusively by bank transfer.
Bank charges for transfers from abroad (both from foreign and German banks) are to be borne by the tenant.
No deposit is required. However, if damage occurs during the rental period, it must be paid immediately upon receipt of the invoice.
5 Cancellation and Termination by the Tenant
The tenant can cancel the rental agreement at any time. A one-time cancellation fee may be charged. The cancellation must be made in writing. Holiday Apartment Bardowicks recommends taking out travel cancellation insurance.
In the event of cancellation, the tenant is obliged to pay a cancellation fee of €100.
The full amount will only be refunded if the booking is canceled 5 days before check-in. In the event of a later cancellation, for each night the accommodation is occupied, plus an additional night and 50 percent of the amount for all remaining booked nights, will be paid.
If the tenant does not make use of the services, there is no entitlement to a refund.
The rental agreement can only be terminated by both parties for good cause after the rental property has been occupied. Good cause exists, in particular, if a rental property becomes uninhabitable for reasons that were not foreseeable.
6 Arrival and Departure Regulations
Upon confirmation, the guest will receive the complete address of the accommodation. The rental property is available to the tenant on the day of arrival from 4 p.m. at the earliest.
The tenant has no claim to earlier provision. There is also no entitlement to compensation if, for reasons beyond the lessor’s control, the rental property is not available at the specified time. Exceptions for earlier provision are only possible upon written request and availability. The keys to the rental property will only be handed over on the day of arrival.
Departure must be no later than 11 a.m., and all keys must be returned to the pickup location after check-out.
The rental property must be handed over broom-clean. Personal items must be removed, and the garbage (including bottles and paper) must be disposed of in the designated containers (waste separation), dishes must be clean and washed and stored in the kitchen cabinets. If there is a fireplace or similar in the rental property, it must also be emptied.
If the tenant disregards these guidelines, the lessor may separately charge for a thorough cleaning of the property. The amount depends on the degree of contamination and thus the time required for the cleaning staff.
7 Duties and Liability of the Tenant
The tenant undertakes to handle the rented items (holiday home, inventory, and outdoor facilities) with care. If damage occurs to the rental property and/or its inventory during the rental period, the tenant is obliged to report this immediately to the lessor. The completeness of the inventory must be checked immediately by the tenant upon occupation. Inventory must not be removed. The completeness of the inventory will be checked upon departure.
Any defects and damage noticed upon arrival must be reported immediately, otherwise, the tenant is liable for these damages. An appropriate period must be granted for the removal of damages and defects.
If no complaints are reported, it is assumed that the tenant found the holiday property to be satisfactory.
The tenant is fully liable for damage caused inside and outside the rental property. Likewise, for willful destruction or damage. The tenant also assumes liability for damages caused by other persons (co-travelers). The lessor is explicitly not obliged to identify the cause of the damage but can hold the tenant liable.
Claims arising from complaints not reported immediately on-site are excluded. Complaints received only at the end of the stay or after leaving the holiday apartment to the lessor are also excluded from compensation.
In the event of any service disruptions, the tenant is obliged to do everything reasonable within the scope of his legal obligation to contribute to the rectification of the disruption and to keep any resulting damage to a minimum.
When leaving the apartment, the windows must always be closed, and the radiators must be turned down.
The front door of the rental property must always be locked when absent.
If keys to the property are missing or damaged upon departure, they must be fully replaced by the tenant.
Smoking is not allowed in the holiday apartment. In the event of non-compliance, the lessor is entitled to terminate the apartment without notice and vacate it and to charge the guest for all consequential damages (including any necessary renovation) without deduction. If the rental property has an outdoor area such as a balcony or terrace, smoking is allowed there.
The accumulated waste must be properly disposed of in the designated containers and recycled.
Parties and events are not allowed. Legal quiet times must be observed, and an appropriate noise level must be maintained. Holiday Apartment Bardowicks is not responsible for noise pollution such as traffic noise, construction work, or aircraft noise.
All guests are required to comply with the applicable house rules. Violating these house rules may result in eviction from the rental property or immediate termination without refund of the rental price. The house rules are also supplemented in the information folders of the respective holiday property and must be followed.
The arrival and departure of the tenant are at his own responsibility and liability.
8 Duties and Liability of the Lessor
The lessor is liable for damages only to the extent that they are based on a breach of an essential contractual obligation or on his own intentional or grossly negligent behavior or that of legal representatives or vicarious agents. If an essential contractual obligation is negligently breached, the lessor’s liability is limited to the foreseeable, typically occurring damage. An essential contractual obligation is given for obligations whose fulfillment enables the proper execution of the contract or whose observance the tenant relied and was entitled to rely on. Any further liability of the lessor is excluded. Liability for culpable injury to life, limb, or health under statutory provisions remains unaffected. The lessor’s guarantee liability for initial defects according to § 536a Abs. 1 Alternative1 BGB is excluded, unless it concerns an injury to life, limb, or health.
or
If, before the start of the trip, the lessor cannot fulfill the concluded contract for unforeseeable reasons, Holiday Apartment Bardowicks has a right of withdrawal. The tenant will then receive the possibly paid price back within 14 days.
The lessor is solely responsible for fulfilling the lessor’s obligations for a holiday rental property. The lessor bears any obligation and compliance for the fulfillment of a holiday rental property itself.
Holiday Apartment Bardowicks is not liable for the information on other internet portals because Holiday Apartment Bardowicks has no influence on their creation and content and cannot verify their accuracy.
9 Provision of Internet
The lessor maintains, as indicated in the advertisement, an internet connection in his rental property, the shared use of which he permits to the tenant during his stay, without being liable for actual availability or reliability for certain purposes. Use by third parties or passing on the access data received is prohibited. The lessor is entitled at any time to allow additional users for the operation of the internet entirely, partially, or temporarily and to restrict or exclude the tenant’s access entirely, partially, or temporarily if the connection is or has been used in a manner contrary to law. The lessor reserves the right in particular, at his reasonable discretion and at any time, to block access to certain pages or services (e.g., glorifying violence, pornographic, or paid sites).
The tenant is advised that only access to the internet is provided. Virus protection and firewall are not available. The data traffic generated using the internet is unencrypted. The use of the internet is at the tenant’s own risk. The lessor assumes no liability for damage to the tenant’s digital media caused by the use of the internet connection, unless the damages were caused intentionally or grossly negligently by the lessor.
The tenant is responsible for the transmitted data, the incurred cost of services, and transactions undertaken, and must comply with applicable law when using the internet.
The tenant indemnifies the lessor from all damages and claims of third parties resulting from the tenant’s unlawful use of the internet and/or violation of this agreement, including related costs and expenses. If the tenant recognizes or must recognize that such an infringement and/or violation exists or threatens, he shall notify the lessor of this circumstance.
10 Other Provisions
The ancillary costs for electricity, water, heating, and internet are included in the rental price.
There is no daily cleaning of the rental property. The final cleaning is already included in the invoice amount. For longer stays, additional cleanings can be booked for a fee of €100 per cleaning.
No VAT is shown due to the application of the small business regulation according to §19 USTG, tax number: Tax Office Buchholz in der Nordheide: 15/102/02010
These GTCs and the rental agreement are subject to German law, excluding the UN Sales Convention.
The prices specified in the rental agreement are decisive. Services and prices can be changed at any time and may differ from the information on the website and in printed materials. However, this does not affect already concluded holiday home rental agreements.
11 Final Provisions
Should one or more provisions of these terms and conditions be or become invalid, this shall not affect the validity of the remaining conditions. The ineffective provision shall be replaced by an effective one that comes closest to the economic and legal will of the contracting parties. This also applies in the event that the GTCs or the rental agreement contain gaps.
The place of jurisdiction and performance is the location of the rental property.
Claims for non-contractual performance of the holiday home stay must be asserted by the tenant against Holiday Apartment Bardowicks at the following addresses:
Address:
Ferienwohnung Bardowicks
Jennifer Bardowicks
Am Beeck 12
21224 Rosengarten
Tel: 0151/ 155 33 232
Email: info@fewo-bardowicks.de
Date: 12.02.2024
