Conditions

General terms and conditions for renting the Glaadter Hütte holiday home, Jünkerath

conclusion of contract

The rental property is a holiday home for temporary use. The holiday home is located at Glaadter Strasse 17, 54584 Jünkerath.

The description and furnishings of the rental property can be found on the Internet at www.glaadter-huette.de Minor deviations that do not significantly affect the stay do not justify a complaint.

Smoking is not allowed in the house.

The holiday property is rented to the tenant for the specified contract period exclusively for use for holiday purposes and may only be occupied by the number of people specified in the booking confirmation.

With the booking request for our holiday home, whether verbally, by telephone, in writing or by e-mail, the tenant makes a binding offer for renting our property at the current prices. The booking is understood as a reservation and only becomes effective when the deposit amount has been credited to the landlord's account. The tenant will receive confirmation of receipt of payment.

rental price and additional costs

The agreed rental price includes all additional costs (e.g. for electricity, heating, water) and the final cleaning. If the contracting parties have expressly agreed on consumption-based billing or additional services (e.g. bed linen, towels, firewood), which the tenant is free to use, these additional costs must be invoiced separately.

The deposit is due upon conclusion of the contract. The tenant is obliged to pay the deposit no later than 7 days after receipt of the reservation confirmation. If the deposit is not received by the lessor in good time despite a reminder, the lessor is entitled to withdraw from the contract without setting a deadline. The tenant is then obliged to reimburse the expenses incurred and the loss of profit. The remaining payment is to be made 6 weeks before the start of the rental period. The costs for the entire money transfer are at the expense of the renter (especially for international transfers).

If more people live in the rental property than stated at the time of booking, the following fee per person per night will be incurred: €20

deposit

The tenant pays the landlord a security for furnished furnishings and equipment in the amount of 500 EURO. This deposit is payable in cash when the keys are handed over and is non-interest bearing. It will be transferred back to an account specified by the tenant within 7 days at the end of the rental period after the rental property has been properly handed over.

Rental period / inventory list

On the day of arrival, the rental property is to be taken over by the landlord by prior arrangement between 4 p.m. and 7 p.m. at the latest. If the lessee is late, he must notify us immediately by telephone. The lessor does not guarantee that the rental property will be handed over at a later date outside of the specified period.

The handover of the rented property, including the handing over of the keys to the tenant, takes place on the day of arrival by the landlord or his representative. The holiday property is handed over in a clean condition, with all items listed on the inventory list (present in the rental property).

The keys are handed over on the day of arrival by the landlord or his representative. The tenant is not authorized to make additional keys to the holiday home. On the day of departure, all keys must be handed over by the tenant to the landlord or his representative. The tenant is obliged to inform the landlord immediately of any key loss. In the event of a key loss, the tenant is obliged to bear the costs necessary to restore security.

A parking space for up to 8 cars is available to the tenant. Use is at your own risk. This also applies to bicycles parked on the property or in the tool shed as well as private items belonging to the renters.

The fully cleared and swept rental property as well as the two keys given to the tenant by the landlord are returned on the agreed day of departure between 8 a.m. and 10 a.m. The return at a different time requires the agreement of the contracting parties. The tenant still has to do the following work himself: turning on the dishwasher, emptying the waste paper baskets and rubbish bins and cleaning the used grill grate.

The final cleaning is carried out by the landlord or his representative. The cost is EUR200 for groups of up to 24 people and EUR50 for additional cleaning if you bring a dog. If the holiday apartment is not found in the contractual condition upon arrival, any complaints by the tenant must be reported immediately to the landlord or his representative. In the event of later complaints, the tenant's right to compensation lapses. If the tenant hands over the holiday home in an improper condition, the landlord has the right to have the necessary work carried out immediately by a third party. Any costs incurred are to be borne by the tenant.

Cancellation by the tenant

The tenant can withdraw from the rental contract before the start of the rental period by means of a written declaration to the landlord. The time of receipt of the declaration of withdrawal by the landlord is decisive.

If the lessee withdraws from the rental agreement, he must pay a lump-sum compensation for the expenses already incurred by the lessor and the lost profit in the following amount:

Cancellation up to 42 days before the start of the rental period: 20%.      
Cancellation up to 14 days before the start of the rental period: 80%

After that and no-show: 90%

The lessee reserves the right to prove that the lessor suffered no or significantly less damage.

In the event of withdrawal from the contract, the lessee can name a substitute lessee who is willing to take his place in the existing contractual relationship. The landlord can object to the entry of the third party if they appear economically or personally unreliable. If a third party enters into the rental contract, he and the previous tenant are jointly and severally liable to the landlord for the rental price and the additional costs incurred through the entry of the third party.

In good faith, the landlord has to rent out unused accommodation to someone else and must have the savings offset against the cancellation fees asserted by him. It is recommended that the tenant take out travel cancellation insurance.

right of termination

There is no right to ordinary termination.

Both contracting parties can terminate the contractual relationship in accordance with § 543 BGB or under the requirements of § 569 BGB without notice and extraordinarily for good cause.

An important reason for the landlord is, in particular, if the tenant uses the rented property in breach of contract (considerable breach of contract) or disregards the house rules. In the event of a significant breach of contract, the landlord must give the tenant a short period of time to remedy the situation or issue a warning, unless this is not promising or there are exceptional reasons that justify a waiver. In this case, the landlord can demand compensation from the tenant for the expenses incurred up to the point of termination and for the loss of profit.

The landlord also has a right of withdrawal or a right to extraordinary termination if the tenant does not make the agreed payments (deposit, final payment and deposit) on time despite a prior reminder. In this case, the landlord can demand compensation from the tenant for the expenses incurred up to the point of termination and for the loss of profit.

An important reason for the tenant is in particular if the landlord does not grant the tenant the contractual use of the rental property.

Otherwise, the legal regulations on the right to extraordinary termination without notice apply.

Cancellation of the contract due to extraordinary circumstances

The rental contract can be terminated by both parties if the fulfillment of the contract is made considerably more difficult, endangered or impaired as a result of force majeure that was not foreseeable at the time the contract was concluded. Both contracting parties are released from their contractual obligations. However, you must reimburse the other contracting party for services already rendered.

Tenant's Obligations

The tenant undertakes to treat the rental property and its inventory with all due care. The tenant is liable for culpable damage to furnishings, rented rooms or the building as well as the systems belonging to the rented rooms or the building if and to the extent that it was culpably caused by him or his companions or visitors.

The tenant must immediately notify the landlord or the contact point designated by him of any damage occurring in the rented premises, unless he is obliged to remedy it himself. The lessee is liable to pay compensation for consequential damage caused by failure to notify the tenant in good time.

Rubbish, ashes, harmful liquids and the like must not be thrown or poured into sinks, sinks and toilets. If blockages occur in the sewage pipes due to non-compliance with these provisions, the person responsible bears the costs of the repair.

In the event of any disruptions to the systems and facilities of the rented property, the tenant is obliged to do everything reasonable to help remedy the disruption or to minimize any damage that may occur.

The tenant undertakes to comply with the maximum occupancy. If the tenant exceeds the maximum number of occupancy agreed in the rental agreement, the landlord is entitled to extraordinary termination without notice. In this case, the lessee must reimburse the lessor for the expenses already incurred and the loss of profit.

liability of the landlord

The landlord is liable for the accuracy of the description of the rental property and is obliged to provide the contractually agreed services properly and to maintain them throughout the rental period. The landlord is not liable for defects that were known to the tenant when this contract was concluded.

If there are defects in the rented property, the tenant must inform the landlord or, if applicable, the property management of these defects immediately. If the lessee fails to report this, he is not entitled to any claims for non-performance of the contractual services (in particular no claims for a reduction in rent).

The landlord endeavors to repair any damage that has occurred as quickly as possible. A reasonable period of time must be allowed for this. Withdrawal from the contract due to defects is excluded, unless there is gross negligence on the part of the landlord.

The lessor's liability for damage to property is excluded unless it is based on an intentional or grossly negligent breach of duty by the lessor or his vicarious agents or on a negligent breach of essential contractual obligations (so-called cardinal obligations) by the lessor. The landlord is not liable in cases of force majeure (e.g. fire, flooding, etc.).

There is no entitlement to a price reduction in the event of a short-term failure of furnishings or public utilities. The lessor is not liable for the lessee's private items that are parked or deposited in the rental property or on the property. Consequential damages are generally excluded.

The landlord is not liable according to § 536a BGB.   

livestock farming

Pets may be brought along after consultation with the landlord. Pets are not allowed in the beds. We charge EUR50 per animal per rental for the increased cleaning effort. The tenant is liable for all damage caused by keeping animals.

WiFi User Agreement

The guest accepts the following agreement when making a binding booking:

Permission to use Internet access via WLAN: The landlord maintains Internet access via WLAN in the holiday property. He allows the tenant to use the WLAN access to the Internet for the duration of his stay in the holiday property. The tenant does not have the right to allow third parties to use the WLAN. The landlord does not guarantee the actual availability, suitability or reliability of the Internet access for any purpose. He is entitled at any time to allow other co-users to operate the WLAN in whole, in part or temporarily and to restrict or exclude the tenant's access in whole, in part or temporarily if the connection is or has been used in an abusive manner, insofar as the landlord has to fear a claim as a result and cannot prevent this with usual and reasonable effort in a reasonable time. In particular, the landlord reserves the right to block access to certain sites or services via the WLAN (e.g. sites that glorify violence, are pornographic or chargeable sites) at any time and at his reasonable discretion.

Access data: Use is by means of access protection. The access data (login and password) may under no circumstances be passed on to third parties. If the lessee wants to grant third parties access to the Internet via the WLAN, this is subject to the prior written consent of the lessor and the acceptance of the provisions of this usage agreement by the third party, documented by signature and complete identification. The tenant undertakes to keep his access data secret. The landlord has the right to change access codes at any time.

Dangers of WLAN use, limitation of liability: The tenant is advised that the WLAN only enables access to the Internet, virus protection and firewall are not available. The data traffic generated using the WLAN is unencrypted. The data can therefore possibly be viewed by third parties. The landlord expressly points out that there is a risk that malware (e.g. viruses, Trojans, worms, etc.) can get onto the end device when using the WLAN. The use of the WLAN is at the tenant's own risk. The lessor assumes no liability for damage to the lessee's digital media caused by the use of the Internet access, unless the damage was caused intentionally or through gross negligence by the lessor and/or his vicarious agents.

Responsibility and exemption from claims: The tenant is responsible for the data transmitted via the WLAN, the paid services used and the legal transactions carried out. If the renter visits paid websites or enters into liabilities, the resulting costs are to be borne by him. He is obliged to comply with the applicable law when using the WLAN. In particular, he will:

not to use the WLAN to access or distribute immoral or illegal content;

not illegally reproduce, distribute or make available any copyrighted goods; this applies in particular in connection with the use of file sharing programs;

observe the applicable youth protection regulations;

not send or distribute harassing, defamatory or threatening content;

not use the WLAN to send bulk messages (spam) and/or other forms of illegal advertising.

The tenant indemnifies the landlord of the holiday property from all damage and claims by third parties that are based on illegal use of the WLAN by the tenant and/or on a violation of the present agreement, this also extends to the claim or its defense related costs and expenses. If the tenant recognizes or has to recognize that such a violation of rights and/or such a violation exists or is imminent, he shall inform the landlord of the holiday property of this circumstance.

Changes to the Contract

Subsidiary agreements, changes and additions to the contract as well as all legally relevant declarations must be in writing.

House rule

The house rules handed out with the contract are an essential part of this rental contract. When the tenant signs the rental contract, he expressly confirms compliance with the house rules. The tenants are asked to show mutual consideration. In particular, disturbing noises that annoy the neighbors due to the resulting noise and disturb the peace at home are to be avoided. Playing music is not permitted between 10:00 p.m. and 8:00 a.m. Radio, television and phono devices are only to be set to room volume. The lessor cannot be held liable for construction or road construction work or other annoyances or disruptions to third parties for which the lessor is not responsible. There is therefore no right to compensation.

domiciliary rights

Under certain circumstances it may be necessary for the landlord to enter the holiday home without the knowledge of the guest.

Choice of Law and Venue

German law applies.

The District Court of Brühl is responsible for all disputes arising from this contractual relationship.

For lawsuits by the lessor against merchants, legal entities under public or private law or persons who do not have a general place of jurisdiction in Germany or who have moved their domicile or habitual place of residence abroad after the conclusion of the contract or whose domicile or habitual place of residence at the time the lawsuit is filed known, the registered office of the lessor is agreed as the exclusive place of jurisdiction.

Severability Clause

If individual provisions of this contract are ineffective or unenforceable or if they become ineffective or unenforceable after the conclusion of the contract, the remaining parts of the contract remain unaffected by the ineffectiveness. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions apply accordingly in the event that the contract proves to be incomplete.

Landlord:
Heidenreich and Munch GbR
To the Old Castle 3
50374 Erftstadt