General Terms and Conditions for Wellness Apartments
1. Scope of Application
1.1 These General Terms and Conditions apply to contracts for the rental of holiday apartments for accommodation purposes, as well as all other services and deliveries provided by the landlord to the tenant.
1.2 Subletting or re-letting the rented holiday apartment, as well as its use for purposes other than residential use, requires the prior written consent of the landlord.
1.3 The guest's terms and conditions only apply if they have been expressly agreed upon in advance. Deviations from these terms and conditions are only valid if the provider has expressly confirmed them in writing.
2. Booking/Booking Confirmation
Bookings for holiday apartments are made via the booking system on the website or on the respective booking portals. The reservation for the holiday apartment becomes legally binding upon completion of the booking process and receipt of the booking confirmation, or after payment has been received. By booking, the tenant agrees to these General Terms and Conditions and, in particular, to the landlord's house rules (Section 11 of these General Terms and Conditions).
3. Payment Terms
A deposit of 50% of the total amount is due within 14 days of receiving the invoice and must be transferred to the landlord's account. The remaining balance is due no later than 14 days before the arrival date. For last-minute bookings where the aforementioned deadline cannot be met, the full amount is due immediately upon booking confirmation.
In case of late payment, the guest will initially receive a payment reminder. A late payment fee of €5.00 will be charged for each subsequent reminder. The landlord reserves the right to claim further damages. Transaction fees (e.g., for international bank transfers) are the responsibility of the tenant. Only bank transfers are accepted. In exceptional cases, cash payments may be made on-site upon arrival by prior arrangement. Payment by debit or credit card, or by check, is not accepted.
4. Arrival/Departure
The holiday apartment is available from 3:00 p.m. on the day of arrival, or by prior arrangement. Shortly before arrival, the tenant will receive an access code with which they can independently open the electronic door system of the wellness apartment. On the day of departure, the holiday apartment must be vacated by 11:00 a.m., or by prior arrangement. The landlord reserves the right to charge for an additional night if departure is delayed by more than 60 minutes.
5. Occupancy
5.1 The use of the holiday apartment is reserved exclusively for the guests registered with the landlord at the time of booking. Subletting or transferring the apartment to third parties is not permitted. The rental agreement may not be transferred to third parties.
5.2 In the event of serious violations of the terms and conditions or the house rules, the landlord is entitled to terminate the rental agreement immediately and without notice. There is no legal entitlement to a refund of the rent or compensation.
6. Condition of the Property
The holiday apartment will be handed over by the landlord in a clean condition. Should any defects exist or arise during the rental period, the landlord must be notified immediately. The tenant is liable for any damage caused by them to the rental property and its contents in accordance with general civil law principles.
The contents must be treated with care and are intended to remain in the holiday apartment only. Rearranging furnishings, especially beds, is prohibited. In the event of a breach of contract, such as subletting, exceeding the maximum occupancy, disturbing the peace, or failure to pay the full rental price, the landlord may terminate the contract without notice. Any payments already made by the tenant will remain with the landlord in this case. The landlord's claim for any outstanding payments for the originally booked period also remains valid.
Should the tenant wish to claim on their liability insurance for any potential damages, they must inform the landlord, providing their name, address, and policy number. However, the landlord's claim for damages exists independently of any coverage claim the tenant may have against their liability insurance.
7. Cancellation Policy
In the event of cancellation of the rental agreement, the renter is obligated to pay a portion of the agreed price as compensation. Cancellations must be made in writing. The amount of compensation depends on the time remaining until the arrival date and is calculated as follows:
15–28 days before the arrival date: 20% of the agreed rental price
7–14 days before the arrival date: 50% of the agreed rental price
0–6 days before the arrival date or in case of no-show 90% of the agreed rental price
However, the tenant is entitled to nominate a substitute tenant. If the landlord refuses to accept the substitute tenant into the originally concluded rental agreement without a valid reason, the tenant's obligation to pay the pro rata compensation is waived.
8. Cancellation by the Landlord
The landlord reserves the right to cancel the rental agreement in cases of force majeure or other unforeseen circumstances that make the fulfillment of the rental agreement impossible. In this case, liability is limited to the refund of the rental price. In the event of justified cancellation, the tenant is not entitled to compensation. Liability for travel and hotel expenses is excluded.
9. Landlord's Liability
The landlord is liable for the proper provision of the rental property within the scope of the due diligence of a prudent businessperson. Liability for any failures or disruptions in the water or electricity supply, as well as events and consequences due to force majeure, is hereby excluded. The landlord is liable for items brought onto the premises by the guest only within the scope of the statutory provisions.
10. Wi-Fi Usage
10.1 The landlord provides Wi-Fi internet access in the holiday property. The tenant will receive the access information in the guest information folder located in the apartment. The landlord permits the tenant to use the Wi-Fi access for the duration of their stay in the rental property.
10.2 Should the landlord become aware of any unlawful use of the Wi-Fi access by the tenant (file sharing, pornography, etc.), the landlord will immediately block the tenant's access and inform the authorities of the misuse.
10.3 The landlord assumes no liability for disruptions to the Wi-Fi access. The landlord may restrict the tenant's use of the Wi-Fi access at any time for legitimate reasons.
10.4 The landlord assumes no liability for any damages (malware, etc.) resulting from the use of the Wi-Fi access. The tenant is responsible for the security of their own data.
10.5 If the tenant uses chargeable services or similar via the Wi-Fi, they are fully responsible for all associated costs.
11. House Rules, General Rights and Obligations
11.1 The guest is obligated to comply with the house rules. Quiet hours are from 10:00 p.m. to 7:00 a.m. To avoid disturbances, TV and audio equipment must be kept at a low volume.
11.2 During their stay, the guest is obligated to keep windows (except those left tilted) and doors closed when leaving the apartment.
11.3 Pets of any kind are generally not permitted in the wellness apartment. Smoking is strictly prohibited inside the apartment. Smoking is permitted outside the apartment in the designated covered area. In case of violation, the landlord reserves the right to terminate the rental agreement without notice and to arrange for professional cleaning at the tenant's expense.
11.4 The installation and/or attachment of decorative materials or similar items is not permitted in the holiday apartment. The guest is solely liable for any decorations or similar items installed and/or attached and shall indemnify the provider against any third-party claims. The guest is also obligated to compensate for any damages caused by the installation and/or attachment of decorations or similar items.
11.5 The provider has the right to access the holiday apartment at any time for a legitimate reason, particularly in cases of imminent danger. Due consideration must be given to the guest's legitimate interests when exercising this right of access. The provider will inform the guest in advance of exercising this right of access, unless this is unreasonable or impossible under the circumstances of the individual case.
12. Data Protection
The tenant agrees that data concerning their person, necessary for the execution of the contract, may be stored, modified, and/or deleted. All personal data will be treated with absolute confidentiality.
13. Written Form
Any agreements deviating from these Terms and Conditions must be in writing. No verbal agreements have been made.
14. Severability Clause
Should one or more provisions of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that most closely approximates the economic purpose pursued by the invalid provision.
15. Final Provisions
Photos and texts on the website, booking portals, or in the flyer serve as a realistic description. A 100% match with the rental property cannot be guaranteed. The lessor reserves the right to make changes to the furnishings (e.g., furniture), provided they are equivalent.
German law applies.