General Terms and Conditions of Accommodation (AGB)

(Non-binding translation – German version legally binding)

Important Notice: This English version of the General Terms and Conditions is provided for convenience only. In case of discrepancies or legal interpretation, only the original German version is legally binding. This translation does not constitute a legally binding document.

§ 1 Scope of Application

(1) These General Terms and Conditions apply to contracts for the temporary rental of holiday apartments for accommodation purposes, as well as to all other services and deliveries provided to the guest by the provider. All services are provided exclusively based on these terms.

(2) Subletting or transfer of use to third parties or use for purposes other than accommodation requires prior written consent of the provider.

(3) Guest's own terms and conditions only apply if expressly agreed in writing by the provider.

§ 2 Accommodation Contract

(1) The accommodation contract is concluded once the provider accepts the guest’s booking request by telephone, in writing, or electronically (e.g., by email or fax).

(2) Contracting parties are the provider and the guest. If a third party makes the booking on behalf of the guest, both the guest and the third party are jointly liable.

(3) The guest must check the booking confirmation for accuracy. If no objection is made within 24 hours, the confirmation shall be deemed contractually accepted.

§ 3 Services, Prices, Payment, Offsetting

(1) The provider is obligated to provide the booked holiday apartment and agreed services. The apartment corresponds to the standard of an average rental property. Only explicitly confirmed features are guaranteed.

(2) The guest must pay the agreed or applicable prices for the rental and any additional services. This also includes expenses for third parties incurred by the provider on the guest’s request.

(3) The guest must provide truthful information on the number of occupants. The apartment may only be used by the number of persons listed in the booking. Additional persons require written approval and result in a price adjustment.

(4) If more than four months pass between booking and arrival and general prices have increased, the provider may adjust the price by up to 10%.

(5) Full payment is due immediately upon booking.

(6) Offsetting by the guest is only permitted with undisputed or legally established claims.

(7) If payment is not received by the agreed date, the provider may withdraw from the contract. In this case, § 5(1) applies: the full amount remains due.

§ 4 Guest Responsibilities; House Rules

(1) The guest must treat the apartment and its inventory with care. House rules apply. Quiet hours are from 10:00 p.m. to 7:00 a.m. Devices must be used at room volume.

(2) When leaving the apartment, the guest must close windows and doors, reduce heating, and turn off lights and devices.

(3) Pets are only allowed with prior written permission. Unauthorized pets may result in a cleaning charge of up to €500.00 (net).

(4) Smoking is prohibited indoors. In case of violation, a cleaning charge of up to €500.00 (net) may be imposed. Smoking is only permitted on balconies or terraces.

(5) Internet use is allowed after agreeing to the provider’s internet use policy, including passport number. Illegal use (e.g., downloads) will be reported. The guest is solely liable for violations.

(6) Decorations or similar materials may not be attached. The guest is liable for damages and indemnifies the provider against third-party claims.

(7) The provider has the right to access the apartment at any time, especially in emergencies. The guest will be notified in advance whenever reasonable.

(8) If the apartment is left in an unusually dirty condition, the provider may charge an extra cleaning fee of at least €100.00 (net).

(9) The provider is entitled to take photos of the apartment before and after the stay to document its condition.

§ 5 Cancellation; Price Error

1) Cancellation by the guest is generally excluded. Any cancellation—regardless of timing or reason—will be charged at 100% of the total agreed price.

(2) There is no entitlement to a refund of payments, even in case of no-show or early departure.

(3) The only exception is if the provider is unable to fulfill the contract (e.g., due to government-mandated closure).

(4) The provider reserves the right to withdraw from or contest the contract if a significant error in the price has occurred, in accordance with § 119 (1) BGB. In such case, the guest will be notified immediately and any payments refunded in full. No further claims will be accepted.

(5) The provider recommends that guests take out travel cancellation insurance.

§ 6 Liability; Limitation Period

(1) The provider is liable only for intent or gross negligence unless otherwise legally required. The guest must help avoid or minimize any damage.

(2) The provider is not liable for items brought by the guest. This includes valuables stored or left in the apartment.

(3) The guest is liable for all damage caused by themselves, co-travelers, or visitors. Damage must be reported immediately, especially those that may affect neighboring units (e.g., water or fire damage).

(4) Guest claims expire after six months unless caused by intent. Provider claims follow statutory limitation periods.

§ 7 Arrival, Departure, Keys

(1) Check-in is from 3:00 p.m. Early check-in is possible only with prior agreement and may incur a fee.

(2) Guests must present a valid ID or passport upon arrival.

(3) A security deposit of €150.00 may be required upon arrival and will be refunded after proper check-out, unless damage is found.

(4) Check-out must be completed by 11:00 a.m. Late check-out results in: a) €50.00 (net) charge after 11:00 but before 1:00 p.m. b) 100% of the nightly rate after 1:00 p.m. Further damages caused by late check-out will also be charged.

(5) Loss of keys requires the guest to reimburse the cost of replacement and possible lock change. (6) Check-out is considered complete only once all keys have been returned. If previously agreed, the guest may leave the keys on the table and pull the door shut, ensuring it locks properly.

§ 8 Data Protection The guest’s personal data will not be shared with third parties, unless required for contract execution.

§ 9 Right of Withdrawal According to § 312g (2) No. 9 BGB, no right of withdrawal applies, as the contract concerns accommodation services tied to a specific date or period.

§ 10 Final Provisions

(1) Amendments or additions to the contract or these terms must be made in writing. Unilateral changes by the guest are invalid.

(2) Place of performance and payment is Winterberg, Germany. Jurisdiction for rental law matters is Amtsgericht Essen.

(3) German law exclusively applies.

(4) These terms are intended for the guest’s personal use only. Commercial use by third parties is prohibited.

(5) Should any provision be invalid or void, the remaining provisions remain in effect. The invalid provision shall be replaced by one that comes closest to its purpose.

(6) By completing the booking, the guest confirms having read and accepted these terms and conditions as part of the contract.