Of the Residenz Kubitzer Bodden GmbH
- Hereinafter "Provider" -
Arrival: 3 p.m. to 10 p.m.
(Deviations must be agreed with the provider.)
Departure: by 12 noon at the latest
(On-site payments are possible with EC and Credit Card.)
§ 1 Validity of the General Terms and Conditions
(1) These general terms and conditions apply to contracts for the rental of holiday apartments for accommodation as well as all other services and deliveries provided by the provider for the guest. The services of the provider are based exclusively on these general terms and conditions.
(2) The subletting or re-letting of the rented holiday home as well as its use for purposes other than residential require the prior written consent of the provider.
(3) Deviations from these conditions are only effective if the provider has expressly confirmed them in writing.
§ 2 Accommodation contract, minimum age
(1) The accommodation contract is concluded when the provider confirms the guest's booking request by telephone or in writing by post, email and / or fax and thus accepts the booking (application acceptance).
(2) Contractual partners are the provider and the guest. If a third party has ordered for the guest, he and the guest are jointly and severally liable to the provider for all obligations under this contract, provided the provider has a corresponding declaration from the third party.
(3) The minimum age for staying in the holiday apartments offered by the provider is 18 years. Younger people are not accommodated, even if they are accompanied by their parents or other adults.
(4) The guest is obliged to check the booking confirmation for correctness. If the content of the booking confirmation deviates from the booking request and the guest does not raise objections immediately, the content of the booking confirmation is deemed to be contractually agreed.
§ 3 services; Prices; Payment; Deposit; Deposit; On Bill
(1) The provider is obliged to keep the holiday apartment booked by the guest available and to provide the agreed services. The apartment corresponds to the equipment standard as published on the Internet.
(2) The guest is obliged to pay the applicable or agreed prices of the provider for the provision of the holiday apartment and the other services used by him. This also applies to services and expenses of the provider to third parties initiated by the guest.
(3) All prices include the respective statutory value added tax.
(4) The guest is obliged to provide truthful information about the number of people occupying the holiday apartment. The holiday apartment is available for a maximum of the number of people specified in the booking confirmation in accordance with Section 2 (1). The occupancy of an additional number of people requires the prior written consent of the provider. In this case, the price for the rental of the holiday home increases to the price generally calculated by the provider for the corresponding occupancy.
(5) The guest has to pay a deposit of 30% of the price agreed for the rental of the holiday apartment, which is due on the 14th day after the booking confirmation has been sent. If the provider cannot post an incoming payment up to the 14th day after the booking confirmation has been sent, and if this is not paid after a reasonable grace period set by the provider with a threat of rejection, the provider is entitled to withdraw from the contract; he must inform the guest of this in writing. Section 5 (3) is then to be applied accordingly, with the proviso that the 14th day after the booking confirmation has been sent is the day of cancellation.
(6) The remainder of 70% of the agreed price after the deposit is due one month prior to arrival. If the provider cannot record the final payment one month prior to arrival and if this is not paid after a reasonable grace period set by the provider with a threat of rejection, the provider is entitled to withdraw from the contract; he must inform the guest of this in writing.
(7) In the case of short-term bookings less than one month before arrival, the price agreed for the rental of the holiday apartment must be transferred in full immediately. If a bank transfer is not possible due to a short-term booking, payment must be made in cash on site, unless the provider has expressly agreed to another method of payment for the guest. EC and credit cards cannot be accepted as payment on site.
(8) The guest can only offset an undisputed or legally established claim against a claim by the provider.
§ 4 General Rights and Obligations; House rule
(1) The guest must treat the holiday home and its inventory with care. The guest is closed
r obliged to comply with the house rules. From 10:00 p.m. to 7:00 a.m., the period is quiet. During this time, special consideration for the neighbors is required in the house entrances and stairwells. To avoid interference, TV and audio equipment must be set to room volume.
(2) For the duration of the rental of the holiday apartment, the guest is obliged to keep windows (unless tilted) and doors closed, to turn all radiators to a low level and to switch off lights and technical devices when leaving the holiday apartment.
(3) Dogs can be accommodated in the holiday apartments; from a shoulder height of 50 cm only after prior registration by the guest and approval by the provider. If a dog is brought along, the price to be paid by the guest for the final cleaning of the apartment increases by € 150.00 (gross).
(4) A general smoking ban applies in all holiday apartments. In the event of non-compliance, the provider can charge a flat-rate cleaning fee of up to € 200.00 (gross). Smoking is only allowed on balconies and terraces.
(5) The introduction and / or attachment of materials for decoration or similar is not permitted in the holiday apartment. The guest is solely liable for any decorations or other items that have been installed and / or attached and exempts the provider from third-party claims. He is also obliged to compensate for any damage caused by the installation of decorations or similar.
(6) The provider has the right to access the holiday home at any time, especially in the event of imminent danger. Appropriate consideration must be given to the interests of the guest that are worthy of protection when exercising the right of access. The provider will inform the guest in advance about the exercise of the right of access, unless this is unreasonable or impossible for him in the circumstances of the individual case.
§ 5 Withdrawal from the contract (cancellation; cancellation)
(1) A withdrawal by the guest from the contract concluded with the provider requires the written consent of the provider. If this is not done, the price agreed in the contract must be paid even if the customer does not use the contractual services. This does not apply in cases of delay in performance by the provider or an impossibility of performance for which he is responsible.
(2) The guest can only withdraw from the contract without triggering payment or compensation claims by the provider if the possibility of withdrawal by a certain date has been agreed in writing between him and the provider. This right of withdrawal of the guest expires if he does not exercise his right of withdrawal in writing against the provider by the agreed date, unless there is a case of delay in performance by the provider or an impossibility of performance for which he is responsible.
(3) Without triggering payment or compensation claims by the provider, the guest is entitled to cancel up to 30 days before arrival, otherwise in accordance with the following provisions:
Cancellation up to the amount of the overnight price to be paid at the latest
30 days before arrival 0%
25 to 29 days before arrival 20%
15 to 24 days before arrival 40%
10 to 14 days before arrival 60%
5 to 9 days before arrival 80%
<5 days before arrival 100%
Cancellations must be made in writing to the provider, unless the provider agrees to an oral cancellation. The day on which the provider receives the cancellation is deemed to be the day of cancellation.
(4) In the case of a holiday home not used by the guest, the provider must credit the income from renting the holiday home to other parties as well as the saved expenses.
(5) Furthermore, the provider is entitled to withdraw from the contract for an objectively justified reason or to terminate it extraordinarily if z. B.
a) Force majeure or other circumstances for which the provider is not responsible make it impossible to fulfill the contract,
b) The holiday home with misleading or false information about essential facts, e.g. B. in the person of the guest or with regard to the purpose or with regard to the occupancy or with regard to the accommodation of animals,
c) The holiday home is used for purposes other than residential purposes,
d) The provider has justified reason to believe that the use of the service would impair the security or peace of mind of other guests or neighbors or the reputation of the provider in public risk without this being attributable to the provider's sphere of control or organization.
(6) The provider has to inform the guest immediately of the exercise of the right of withdrawal or termination. In the cases of Paragraph 5 a), the provider must immediately reimburse rent payments and / or advance payments already made. In the event of justified withdrawal or justified termination by the provider, the guest is not entitled to compensation. The guest has to reimburse the provider for all damages for which he is responsible due to a withdrawal or an extraordinary termination in accordance with paragraph 5.
(7) It is strongly recommended to take out travel cancellation insurance and travel interruption insurance.
§ 6 liability; Compulsory liability insurance; Statute of limitations
(1) The provider is liable for his obligations under the contract. Liability is limited to intent and gross negligence on the part of the provider if and to the extent that he is not indispensably unlimited under the statutory provisions. Should disruptions or deficiencies in the provider's services occur, the provider will endeavor to remedy the disruption or deficiency if he becomes aware of it or if the guest immediately complains about it. The guest is obliged to do what is reasonable for him to eliminate the disruption or defect and to keep possible damage to a minimum.
(2) The provider is not liable for items brought in by the guest, including cars; they are not considered to be brought in items within the meaning of Sections 701 et seq. Liability on the part of the provider according to these regulations is therefore expressly excluded. This also applies expressly to valuables that the guest keeps and / or leaves behind in the holiday apartment. Bringing property into the rental property, including hiring the car, is at your own risk.
(3) The guest is liable for all damage that he, his fellow travelers or his visitors have culpably caused in the house of the holiday apartment, in the holiday apartment and / or on the inventory of the holiday apartment. The guest is obliged to notify the provider of any damage immediately. This applies in particular to damage that can also affect other apartments in the house (e.g. water damage, fire damage).
(4) The guest is obliged to take out liability insurance arranged by the provider upon arrival and to pay € 10.00 per rented holiday apartment. The insurance covers damage caused by the guest, his fellow travelers or his visitors in the house of the holiday apartment, in the holiday apartment or on the inventory. The holiday apartment will only be made available after the insurance has been taken out.
(5) Claims of the guest expire after six months, unless the provider is liable for intent. Claims of the provider expire in the respective statutory period.
§ 7 arrival and departure; Handover of keys
(1) The holiday apartment is regularly available from 3 p.m. on the day of arrival. The arrival must be before 10 p.m. Deviations from the arrival time must be agreed with the provider.
(2) The guest is obliged to present his booking confirmation to the provider upon arrival
(3) On the day of departure, the guest must vacate the holiday apartment by 12:00 noon at the latest
(4) The evacuation in accordance with Paragraph 3 is only considered to have been effected when all keys have been given to the provider or his representative. If this has been expressly agreed with the provider in advance, the guest can leave all the keys on the table in the holiday apartment and close the apartment door. The guest is obliged to check that the apartment door is properly closed.
(6) If one or more keys are lost, the guest has to pay the provider compensation for their new manufacture and, if necessary, for the installation of new locks.
§ 8 data protection
The personal data provided by the guest are stored electronically by the provider. The data will not be passed on to third parties, unless this is necessary for the execution of the contract.
§ 9 final provisions
(1) Changes or additions to the contract, the acceptance of applications or these general terms and conditions should be made in writing. Unilateral changes or additions by the guest are ineffective.
(2) The law of the Federal Republic of Germany applies exclusively to the contract.
(3) The exclusive place of jurisdiction - also for check and bill of exchange disputes - is Stralsund, Germany. If one of the contracting parties does not have a general place of jurisdiction in Germany, the exclusive place of jurisdiction is also Stralsund, Germany.
(4) Should one of the above provisions be or become ineffective or void, this shall not affect the validity of the remaining provisions. The ineffective provision is replaced by a provision which comes closest to the purpose of the provision to be replaced. In addition, the statutory provisions apply.