Terms and Conditions
Guest accommodation conditions for apartment CASA Gardalido Testa & Geiger
1. The guest accommodation contract is binding when the accommodation is ordered and confirmed or made available at short notice.
2. The booking can be made verbally, in writing, by telephone or by e-mail.
3. The booking is also made by the booking guest for all persons listed in the booking, for whose contractual obligations the booking guest is responsible as for his own obligations, provided that he has accepted a corresponding separate obligation through an express and separate declaration.
§ 2
Services, prices and payment
1. The services owed by the holiday apartment result exclusively from the booking offer in connection with the information on the official website.
2. The prices stated on the official website are final prices including the customary VAT, any final cleaning costs and an appropriate deposit.
3. The final cleaning and the deposit will be charged separately.
4. The agreed price, including all ancillary costs, is due no later than 31 days before arrival. The deposit will be returned to the guest at the end of the stay provided no damages are noted.
§ 3
rental period
1. On the day of arrival, the landlord will provide the rented property to the tenant from 2 p.m
available in the contractual condition. If the arrival is after 6 p.m., the tenant must inform the landlord.
2. On the day of departure, the tenant must hand over the rented property to the landlord by 10:00 a.m. at the latest in a clean and swept condition.
§ 4
resignation
1. The conclusion of the guest accommodation contract obliges both contracting parties to fulfill the contract, regardless of the duration of the contract. A unilateral cancellation of a binding booking by the guest free of charge is generally excluded.
2. If the guest nevertheless withdraws from the contract, he is obliged to pay the agreed price, regardless of the time and reason for the withdrawal. However, the owner of the holiday apartment must have saved expenses, which he has to strive for in good faith, offset against the claim for performance.
3. The owner of the holiday home has set this claim for compensation at the following level:
The cancellation of the rental contract must be communicated to us in writing as soon as possible. Free cancellations are accepted up to 31 days before arrival.
In case of cancellation:
-30 days to 21 days 40%
-20 days to 14 days 60%
-13 days to 1 day 75%
of the travel price is due.
In the event of cancellation on the day of arrival or in the event of "no show" (non-arrival), we charge 90 percent of the travel price for bookings.
4. The conclusion of a travel cancellation insurance is strongly recommended.
§ 5
right of termination
1. There is no right to ordinary termination.
2. Both contracting parties can terminate the contractual relationship in accordance with § 543 BGB or under the requirements of § 569 BGB without notice and extraordinarily for good cause.
3. An important reason exists if the guest uses the accommodation in breach of contract (considerable breach of contract) or disregards the house rules. In the event of a significant breach of contract, the host must give the guest a short period of time to remedy the situation or issue a warning, unless this is not promising or there are exceptional reasons that justify a waiver. In this case, the host can demand compensation from the guest for the expenses incurred up to the point of termination and for the lost profit (cf. § 4 paragraph 2 or 3).
4. The host also has a right of withdrawal or a right to extraordinary termination if the guest does not make the agreed payments (deposit, final payment and deposit) on time despite a prior reminder. In this case, the host can demand compensation from the guest for the expenses incurred up to the point of termination and for the lost profit (cf. § 4 paragraph 2 or 3).
5. An important reason for the guest is in particular if the host does not grant the guest the contractual use of the holiday apartment.
6. Otherwise, the legal regulations on the right to extraordinary termination without notice apply.
§ 6
Deficiencies in the accommodation service
1. The host is liable for the proper provision of the contractually agreed service.
2. If the rented accommodation has a defect that goes beyond a mere inconvenience, the guest must notify the owner of the holiday home or his representative of the defect immediately in order to enable the host to remedy the defect. If the guest fails to do so, he is not entitled to any claims for non-performance of the contractual services.
§ 7
Liability
1. The contractual liability of the holiday apartment for damage that is not bodily harm is limited to three times the price of the agreed service, provided the damage is not due to a grossly negligent or intentional breach of duty or to an intentional or negligent breach of typical contractual obligations on the part of the holiday apartment. The same applies if the guest's damage is due to the fault of a legal representative or vicarious agent of the holiday apartment.
2. The host is liable for items brought in by the guest in accordance with the statutory provisions (§§ 701 ff BGB).
3. The host is not liable for disruptions in performance in connection with services that are only mediated as third-party services (e.g. sporting events, theater and concert visits, exhibitions, etc.) and that are expressly marked as third-party services.
§ 8th
Guest Obligations
1. The guest undertakes to treat the accommodation and inventory with all due care. The guest is liable for culpable damage to furnishings, accommodation rooms or the building as well as the systems belonging to the accommodation or the building if and to the extent that it was culpably caused by him or his companions or visitors.
2. The guest must notify the host immediately of any damage occurring in the accommodation, unless he is obliged to remedy it himself. The guest is liable for compensation for the consequential damage caused by not reporting in time.
3. Rubbish, ashes, harmful liquids and the like must not be thrown or poured into sinks, sinks and toilets. If blockages occur in the sewage pipes due to non-compliance with these provisions, the person responsible bears the costs of the repair.
4. In the event of any disruptions to the accommodation's systems and facilities, the guest is obliged to do everything reasonable to help remedy the disruption or to minimize any damage that may occur.
5. The guest undertakes to comply with the maximum occupancy. If the guest exceeds the maximum number of occupancy agreed in the accommodation contract, the accommodation facility is entitled to extraordinary termination without notice. In this case, the guest has to pay the accommodation provider the agreed price (cf. § 4 para. 2). However, the owner of the holiday apartment must have the expenses saved offset against the claim for performance.
§ 9
livestock farming
Bringing pets requires host approval. Violations lead to an immediate right of termination.
§ 10
statute of limitations
With regard to the statute of limitations on mutual The relevant standards of the German Civil Code apply to the claims of the guest and the holiday apartment.
§ 11
Choice of Law and Venue
1. German law applies.
2. The place of jurisdiction for complaints by the guest against the host is exclusively the seat of the holiday apartment
3. For lawsuits filed by the holiday apartment 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 domicile or usual place of residence abroad after the conclusion of the contract or whose domicile or usual place of residence is not known at the time the complaint is filed, the seat of the holiday apartment is agreed as the exclusive place of jurisdiction.