General terms and conditions
1.1 Scope of application
These General Terms and Conditions shall apply to all business relations between Dahliengarten am Stechlinsee, Mr. Jens-Uwe Lehmann, Forststeig 2A, OT Neuglobsow, 16775 Stechlin and you in the version valid at the time the contract is concluded. Should you use conflicting general terms and conditions, these are hereby expressly rejected.
1.2 Contract agreement
The contract language is German.
1.3 Conclusion of contract
The conclusion of the contract takes place individually by offer and acceptance. A rental of the guest rooms takes place from 2 nights.
Unless otherwise agreed, the usual procedure is to submit an inquiry and receive a binding offer from us, which you can then accept within two weeks. With the acceptance, the contract is concluded. The contract text's separate storage text does not take place, but the contract content results in each case individually from the agreement reached.
1.4 Storage of the contract text
The contract text's separate storage text does not take place, but the contract content results in each case individually from the agreement made.
1.5 Subsequent amendment of the terms and conditions
We shall be entitled to make subsequent amendments and additions to the General Terms and Conditions of Business in relation to existing business relationships, insofar as changes in legislation or case law make this necessary or other circumstances lead to the contractual equivalence relationship being disturbed to a more than insignificant extent. A subsequent amendment of the terms and conditions shall become effective if you do not object within six weeks after notification of the amendment. At the beginning of the period, we will expressly draw your attention to the effect of your silence as acceptance of the contractual modification and allow you to make an express declaration during the period. Suppose you object within the time limit, both. In that case, you and we may terminate the contractual relationship without notice unless we allow the contractual relationship to continue under the old General Terms and Conditions.
All prices are inclusive of value-added tax.
With the contract's conclusion, an advance payment in the amount of 20 per of the agreed price can be demanded. The request is made on the reservation confirmation, if applicable. If the down payment is not made within 14 days after sending the reservation confirmation, the landlord is entitled to withdraw from the contract.
The remaining amount is to be paid at the latest 30 days before arrival.
In the case of short-term rental, the payment of the total amount in cash, upon arrival.
2.3 Cancellation conditions for rentals
Cancellation of the guest room booked by you is possible in text form (by email or post).
The following provisions govern cancellation costs. For the timeliness of the cancellation, it depends on the receipt by us. In the case of cancellation, the cancellation costs are based on the following flat rate:
· 10 % of the agreed accommodation price, up to 5. days before the start of the contract
· 90 % of the agreed accommodation price, from 5 days before the start of the contract.
The customer reserves the right to prove that we have incurred no or low costs.
3. Right of withdrawal of the lessor
If agreed advance payment is not made within the period specified in 2.2, we are entitled to withdraw from the contract. In case of use of the guest room contrary to the contract, such as subletting, overcrowding, disturbance of domestic peace etc., as well as in case of non-payment of the full rent, the contract can be canceled without notice. The rent already paid remains with the landlord.
Furthermore, we are entitled to withdraw from the contract extraordinarily for justified factual reasons, for example, if:
1. Force majeure or circumstances for which the landlord is not responsible make it impossible to fulfill the contract.
2. Rooms are booked under misleading or false information of essential facts, e.g., in the person of the customer or purpose.
We have to inform you immediately about the exercise of the right of withdrawal, should the aforementioned facts arise. In the case of a justified withdrawal, the customer has no right to compensation. Any advance payment made will be refunded to you without interest.
4. Right of withdrawal
The right of withdrawal does not apply to contracts for the provision of services in the areas of accommodation for purposes other than residential purposes and the provision of other services in connection with leisure activities, if the contract provides for a specific date or period for the provision.
5. General information about renting the guest room
5.1 Arrival and departure
Unless you have made a separate written agreement with us, the guest room is available to you from 14:00 on the agreed arrival day.
The registered persons can only make the occupancy of the apartment.
On the agreed departure day, the guest room must be returned by 11:00 a.m. at the latest.
5.2 Your obligations as a tenant
You may not sublet the rental property.
The accommodation of pets of any kind in the guest room is not permitted.
Smoking is not permitted in the entire guest room.
6. Provision and return in case of renting
6.1 Handover protocol
When the guest room is handed over and returned, a handover or return protocol must be filled out completely and signed, if necessary. These two protocols are part of the rental contract.
6.2 Fault of the Tenant
If defects exist or occur during the rental period, you must inform us immediately. You are liable for any damage caused by you to the rental object, the inventory, e.g. broken dishes, damages the floor or furniture. This also includes the cost of lost keys.
The inventory is to be treated carefully and with care and is only intended to remain in the guest room. Moving furnishings, especially beds, is prohibited.
You are also liable for the fault of his fellow travelers.
Damages caused by force majeure are excluded from this. If liability insurance exists, the damage is to be reported to the insurance company. We must be informed of the name and address and the insurance number of the insurance company.
6.3 Delayed return
The provision of § 545 German Civil Code is expressly not applicable. If you do not return the rental object to us after expiry of the agreed period of use or do not return it to us at the agreed time, we shall be entitled to demand a usage fee in the amount of the agreed rent for the period of withholding exceeding the term of the contract. Any further claims for damages on our part shall remain unaffected.
An extension of the rental period is only possible with our express consent in text form. The right to use the rental object shall only extend to the agreed period of use. Continuation of use after the rental period's expiry shall not in principle lead to an extension of the rental agreement even without us's express objection.
6.4 Premature return
The rental object's return before the expiry of the agreed rental period shall not result in a reduction of the agreed rent, unless the rental object can be rented to another party or there is a case of extraordinary termination without notice by you for a good cause.
6.5 Return condition
You undertake to return the rental object to us at the contractually agreed time, cleaned and in a recorded condition (according to the handover protocol). If the rental object is not or insufficiently cleaned on return, the actual cleaning costs incurred will be charged in addition.
7. Responsibility of the Lessee
7.1 Proper handling
The Lessee may only use the leased property for the purposes specified in the contract. The Lessee undertakes to treat the leased property and the rooms, facilities and installations intended for common use with care and consideration. He shall ensure proper cleaning of the leased property and sufficient ventilation and heating of the rooms provided to him. In the case of a collective heating system, the Tenant shall not be entitled to an uninterrupted supply of heating energy unless the outside temperatures require this.
7.2 Scope of liability during the agreed period of use and after the expiry of the agreed period of use
You shall be liable for such damage that goes beyond normal use or wear and tear, provided that you are responsible for this.
8.1 Exclusion of liability
We as well as our legal representatives and vicarious agents shall only be liable for intent or gross negligence. Insofar as essential contractual obligations (i.e. obligations whose compliance is of particular importance for the achievement of the purpose of the contract) are affected, we shall also be liable for slight negligence. In this case, liability shall be limited to the foreseeable damage typical for the contract. With respect to entrepreneurs, we shall be liable in the event of a grossly negligent breach of non-essential contractual obligations only to the extent of the foreseeable damage typical for the contract.
8.2 Reservation of liability
The above exclusion of liability shall not apply to liability for damages resulting from injury to life, body or health. The provisions of the Product Liability Act shall also remain unaffected by this exclusion of liability.
9. Final provisions
9.1 Place of jurisdiction
Our registered office is agreed as the exclusive place of jurisdiction for all legal disputes arising from this contract, provided that you are a merchant, a legal entity under public law or a special fund under public law.
9.2 Choice of law
Unless mandatory statutory provisions according to your home country's law conflict with this, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
9.3 Severability clause
The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.