General Terms and Conditions of Rental (GTC)
Landlord:
Ferienapartments Eifel Stay – Daniela Schmitz, Vor Kyllerhöhe 14, 54576 Hillesheim
1. Conclusion of contract
The rental agreement for the holiday apartment becomes legally binding once the booking confirmation has been received by the tenant and a deposit of 30% has been paid. To confirm receipt, the tenant sends the confirmation to the landlord by email. The holiday apartment is rented to the tenant exclusively for holiday purposes for the specified period and may only be occupied by the number of people stated in the contract. Guests visiting during the stay must be registered with the landlord and pay for their stay (costs to be agreed upon with the landlord).
2. Rent and additional costs
The agreed rental price includes all flat-rate additional costs (e.g., for electricity, heating, water, final cleaning). Not included in the flat rate: charging of electric cars (registration required).
3. Rental period/Inventory
On the day of arrival, the landlord will make the rental property available to the tenant in proper condition from 3:00 pm.
On the day of departure, the tenant is requested to vacate the rental property by 10:00 am at the latest (including waste disposal) and hand it over in a clean and tidy condition.
Other arrival and departure times can be arranged individually with the landlord.
4. Withdrawal by the tenant
The tenant may withdraw from the lease agreement by giving written notice to the landlord before the start of the rental period. The decisive factor is the date on which the notice of withdrawal is received by the landlord. If the tenant withdraws from the lease agreement, they must pay the landlord a lump sum to cover expenses already incurred and lost profits, as follows:
In the event of a cancellation, we will have to charge the following fees:
Up to 3 weeks before arrival, we do not charge a cancellation fee; only the deposit (30% of the rental price) will be retained. Between three weeks and one week before arrival, 50% of the rental price will be charged. For cancellations less than 7 days before arrival, no-shows, or early departures, the full rental price will be charged.
We recommend taking out travel cancellation insurance.
5. Termination by the landlord
The landlord may terminate the tenancy agreement before or after the commencement of the tenancy without notice if the tenant, despite prior warning, fails to make the agreed payments (deposit, final payment, etc.) on time or otherwise behaves in such a way that the landlord cannot reasonably be expected to continue the tenancy. In this case, the landlord may demand compensation from the tenant for expenses incurred up to the point of termination and for lost profits.
6. Termination of the contract due to exceptional circumstances
The lease agreement can be terminated by either party if the fulfillment of the contract is significantly hindered, jeopardized, or impaired due to force majeure that was unforeseeable at the time of its conclusion. Both parties are released from their contractual obligations. However, they must reimburse the other party for any services already rendered.
7. Tenant's obligations
The tenant agrees to treat the rented property and its contents with due care. The tenant is liable for any damage to furnishings, rented premises, or the building, as well as any facilities belonging to the rented premises or the building, if and to the extent that such damage was caused by the tenant, their companions, or visitors through negligence or intent.
The tenant must immediately notify the landlord of any damage occurring in the rented premises, unless the tenant is obligated to repair the damage himself. The tenant is liable for any consequential damages resulting from failure to report the damage in a timely manner.
Waste, ashes, harmful liquids, and similar substances must not be thrown or poured into sinks or toilets. If blockages occur in the sewage pipes due to non-compliance with these regulations, the responsible party will bear the costs of repair.
Smoking is not permitted in the rented rooms and hallways. You may use the terrace or balcony for this purpose.
In the event of any malfunctions in the systems and equipment of the rented property, the tenant is obligated to take all reasonable steps to contribute to resolving the malfunction or to minimize any potential damage. The tenant is obligated to inform the landlord of any defects in the rented property immediately. If the tenant fails to do so, they are not entitled to any claims for non-performance of contractual obligations (in particular, no claims for rent reduction).
8. Landlord's Liability
The landlord is liable for the accuracy of the description of the rental property and is obligated to properly provide and maintain the contractually agreed services throughout the entire rental period. The landlord is not liable pursuant to Section 536a of the German Civil Code (BGB). The landlord's liability for property damage arising from tort is excluded, unless it is based on an intentional or grossly negligent breach of duty by the landlord. The landlord is not liable in cases of force majeure (e.g., fire, flood, etc.).
9. Animal husbandry
Pets, especially dogs, are allowed in our holiday accommodations. However, they must be registered with the landlord and the required additional fee must be paid. The tenant is liable for all damages caused by the pet.
10. Changes to the contract
Any side agreements, amendments and additions to the contract, as well as all legally relevant declarations, must be in writing.
11. House rules and duty of consideration
Tenants are asked to show consideration for one another.
Our holiday apartments are NOT PARTY ACCOMMODATIONS!!!!
Sound devices of all kinds (including TV sets/music boxes, recorders, musical instruments, etc.) may only be used at a volume that does not significantly disturb uninvolved persons or impair the natural environment.
Every tenant is responsible for ensuring that avoidable noise is prevented in the apartment, in the house, in the yard and on the property.
Special consideration is required between 1 p.m. and 3 p.m. and between 10 p.m. and 8 a.m.
Radios, televisions, CD players and so on should be set to room volume.
12. Choice of law/Jurisdiction
German law applies. For all disputes arising from this contractual relationship, the local court in whose district the defendant has their general place of jurisdiction shall have jurisdiction. For actions brought by the landlord 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 residence or habitual abode abroad after conclusion of the contract, or whose residence or habitual abode is unknown at the time the action is brought, the landlord's place of residence shall be the exclusive place of jurisdiction.
13. Final Provisions
Photos and text on the website or in the flyer serve as a realistic description. A 100% match with the rental property cannot be guaranteed. The landlord reserves the right to make changes to the furnishings (e.g., furniture), provided they are of equivalent quality.
Should one or more provisions of these terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that most closely reflects the economic and legal intent of the contracting parties.