General Terms and Conditions (AGB)
“Apartment Bergzeit” Fichtenweg 54, 59955 Winterberg
Landlord: Silke and Frank Basler, Ludwig-Erhard-Weg 3a, 32425 Minden
WhatsApp: +491713526951 E-Mail: Info@Dein-Winterberg-Apartment.de
Table of contents:
4. smoking ban
5. parties and gatherings
6. damage or unauthorised inventory recommendation
8. defects / complaints about the rented property
9. internet use
12. data protection
13. use of data
15. final clause
1 Arrival / Departure
– On the day of arrival, Apartment Bergzeit is available from 4.00 pm.
– The guest will receive information on the handing over of the keys by e-mail before arrival.
– On the day of departure, the flat must be left by 10 a.m. and the key must be returned immediately to the key box.
– Exceeding the departure time by more than 30 minutes will result in the charging of an additional night.
– The flat must be left swept clean on the day of departure. The dishes, glasses, etc. must be cleaned and put in the cupboard, the rubbish bins must be emptied and the refrigerator must be cleared out. If the flat is not left as desired, this may be charged.
– The keys provided by the landlord (house and flat keys, ski lock key) must be returned to the key box on the day of departure immediately after leaving the flat.
– In case of loss of a key, as well as in case of non-return of these mentioned items, a fee of at least 160 € per key will be charged. The landlord is further entitled to claim further compensation from the guest for any damage incurred as a result. This also includes the replacement of the locking system as this is necessary for security reasons.
– Apartment Bergzeit may only be used by the persons listed in the booking. Should the flat be used by more persons than booked, a separate charge of 30 € person / night is to be paid for these.
– Subletting and transferring the flat to third parties is not permitted.
– The use of the Apartment Bergzeit for purposes other than accommodation is expressly prohibited. This includes in particular any commercial or illegal use.
– Without explicit consent, the use of the flats for photography and/or video recording is also prohibited.
– In the event of non-compliance, the landlord has the right to terminate the contract without notice.
– For the duration of the letting of the holiday flat, the guest is obliged to keep windows and doors closed when leaving the holiday flat.
– The installation and/or attachment of materials for decoration or similar purposes is not permitted in the holiday flat.
– The guest shall be solely liable for any decorations or the like that are nevertheless inserted and/or attached.
– The guest is also obliged to compensate for any damage caused by the installation or attachment of decorations or the like.
– The landlord and the caretaker of the property have the right of access to the Bergzeit flat at any time, especially in case of imminent danger.
– When exercising the right of access, due consideration must be given to the guest’s legitimate concerns.
– We will inform the guest in advance about the exercise of the right of access, unless this is unreasonable or impossible for him/her according to the circumstances of the individual case.
– Nothing may be parked or stored in the common rooms.
– In particular, no skis, ski boots, sledges, scooters or bicycles may be parked there.
– To avoid noise and damage to the floor, skis and ski boots should be changed in the anteroom.
– Bicycles may not be brought into the house. There is a lock-up facility in the underground car park.
– In the event of non-compliance, the landlord has the right to charge the guest damages for the separately necessary cleaning costs and/or removal work on e.g. the walls at cost.
– The accommodation of pets of any kind is prohibited in the holiday flat and the common rooms. If pets are accommodated, the landlord may charge for the increased cleaning costs or professional special cleaning.
– Exceptions are dogs for the blind, the deaf and other comparable service dogs. These may be brought along free of charge and at any time if proof is provided.
The corresponding proof must be sent independently to the landlord by e-mail 1 week before check-in firstname.lastname@example.org.
– The landlord is entitled to cancel an active booking with immediate effect and to expel guests from the house if there are violations against the keeping of animals.
– There is no right to a refund or partial refund in these cases.
4. no smoking
– Apartment Bergzeit is a non-smoking flat.
– Smoking in the flat and in common areas is strictly prohibited. This also applies to e-cigarettes, shishas, tobacco heaters and similar devices.
– Smoking on the terrace areas is only permitted when the door to the flat is closed.
– In case of violation, the landlord has the right to demand compensation from the guest for the separately necessary cleaning costs including possible loss of revenue from a subletting of the flat that is not reasonable due to the incident.
5. prohibition of parties and gatherings
– As a matter of principle, noise in the booked flat, the common areas of use and on the surrounding grounds must be avoided.
– Night-time rest is to be observed from 8 p.m. to 7 a.m. and midday rest from 1 p.m. to 3 p.m..
– To avoid disturbance, TV and audio equipment must be set to room volume.
– Parties and gatherings are strictly prohibited in the Bergzeit flat and the common areas.
– In the event of infringement, the landlord has the right to demand compensation from the guest, in particular for separately necessary cleaning costs, possible loss of revenue and claims for compensation from third parties.
– The landlord is entitled to cancel an active booking with immediate effect and to expel guests from the house if knowledge of non-compliance is obtained.
– There is no entitlement to a refund or partial refund in these cases.
– The landlord reserves the right to use the services of a third party, e.g. a security service, to enforce the house rules.
– Any costs incurred through the intervention of a third party will be passed on to the guest.
6 Damage or unauthorised removal of inventory
– Should damage occur during the accommodation beyond the contractual use or should inventory be removed from the flat without authorisation, the landlord is entitled to compensation, which includes in particular the expenses for the removal of the damage, as well as possible loss of revenue and necessary legal costs.
– In addition, a handling fee in the amount of 50 € shall be due.
– The guest is obliged to treat the Apartment Bergzeit as well as the common rooms with care, to provide sufficient ventilation and heating and to avoid condensation.
– Coarse soiling is to be avoided. If there is soiling that goes beyond normal use during the guest’s stay or even after his departure, the landlord has the right to charge the guest an additional cleaning fee (depending on the condition of the soiling).
– Furthermore, the guest undertakes to check the furnishings of the flat for completeness and suitability for use upon moving in and to report any defects and complaints to the landlord immediately at info@dein-winterberg-apartment,de.
– The guest is liable for any damage caused by him in Apartment Bergzeit, the furnishings and the common rooms.
– The guest must report all defects in the Apartment Bergzeit immediately.
8. defects / complaints about the rental object:
– Should there be any defects or complaints during the rental period, these must be reported to the lessor without delay.
– The lessor shall be granted a reasonable period of time for the rectification of defects and deficiencies.
– Claims arising from complaints which are not reported immediately on site are excluded.
– Complaints which are only received by the landlord at the end of the stay or after leaving the flat are also excluded from compensation.
– In the event of any service disruptions occurring, the tenant is obliged to do everything reasonable within the scope of his legal obligation to contribute to the rectification of the disruption and to keep any damage incurred to a minimum.
9. internet use
– Disruptions, e.g. due to force majeure or maintenance work or similar, cannot be ruled out.
– Virus protection and firewalls are not available. The data can therefore possibly be viewed by third parties and there is a risk that malware (e.g. viruses, Trojans, worms, etc.) can get onto the end device when using the WLAN, the use of the WLAN is at the guest’s own risk.
– We accept no liability for damage to the tenant’s digital media caused by the use of the internet access, unless the damage was caused by us and / or a vicarious agent intentionally or through gross negligence.
– The guest may not misuse the internet connection. Misuse shall be deemed to have occurred in particular in the following cases:
Downloading and distribution of copyright-protected content via peer-to-peer sharing platforms, illegal streaming offers as well as the posting, retrieval or transmission of content relevant under criminal law (in particular Sections 130, 130a, 131 and 184 of the Criminal Code).
– The guest is obliged to observe the copyright, patent, name, trademark and personal rights of third parties when using the premises.
– The guest shall indemnify the landlord upon first request against all claims and claims for damages of third parties as well as the costs of legal defence in an appropriate amount, which have been caused by an illegal use of the provided internet connection by the guest or by third parties with the knowledge of the guest. This claim for indemnification covers in particular claims arising from the infringement of copyright, patent, name, trademark and personal rights as well as infringements of data protection law.
– The rental agreement shall become valid upon booking. Payment of the rental amount is to be made immediately by Paypal or credit card.
– Additional costs for water, electricity and waste will not be charged.
– Visitor’s tax must be paid at the time of booking as follows:
Per person / day € 2,50
Children up to the age of 15 are free
– The guest may withdraw from the contract at any time before the start of the service.
– The withdrawal must be declared to the agent in writing.
– The cancellation fees are flat-rate:
Up to 7 days before the day of arrival, cancellation is free of charge.
From 7 days before the day of arrival, 50 % of the total price will be charged.
In the event of a no-show, the entire amount is payable
The date of receipt of your cancellation notice counts in each case.
– You can provide a substitute person who will take over your contract under the above-mentioned conditions. A written message to the landlord is sufficient.
– The guest has the possibility to prove that the landlord has suffered less damage or none at all.
– We recommend that you take out travel cancellation insurance.
12) Cancellation by the landlord:
– In the event of cancellation on our part, as a result of force majeure or other unforeseeable circumstances, as well as other circumstances for which we are not responsible making fulfilment impossible; liability is limited to reimbursement of the booking costs.
– In the event of a justified cancellation, the customer shall not be entitled to compensation for damages.
– No liability is accepted for travel and hotel costs.
12. data protection
– The landlord is obliged to collect and record the guest’s e-mail address and telephone number in order to ensure communication.
– The tenant agrees that necessary personal data will be stored, changed and / or deleted within the framework of the contract concluded with him. All personal data will be treated with absolute confidentiality.
13. use of data
– In order to make a booking, it is necessary to provide your contact details. You only have to fill in the fields marked with an asterisk (mandatory fields), as well as the data concerning the booking (e.g. period of stay). We also store your booking date and time. Any additional information (specify optional fields here, e.g. message to the landlord) is not mandatory.
– The data you provide on our website, including any notes, are personal data and are processed and used by us to ensure the processing of the booking and the provision of the requested service. We also use your data to provide you with relevant information regarding the booking or during your stay. The personal data collected during the booking process will be passed on to the following third parties:
Smoobu GmbH – Smoobu.com is a software for landlords of holiday apartments.
– Your data will also be passed on to the town of Winterberg in connection with the issue of guest cards (Kurkarten/Sauerland Sommercard).
– The invitation to tender has been prepared to the best of our knowledge. No liability shall be accepted for any interference with the rented property due to force majeure or bad weather. Likewise, no liability is accepted for the occurrence of unforeseeable or unavoidable circumstances such as official orders, sudden construction sites or for disturbances caused by natural and local conditions. However, the landlord is happy to assist in rectifying the problems (insofar as this is possible).
– Any liability of the landlord for the use of the provided play and sports equipment is excluded.
– The arrival and departure of the tenant is his own responsibility and liability. The landlord is not liable for personal belongings in case of theft or fire.
Liability of the lessor:
– The lessor is liable within the scope of due diligence for the proper provision of the rental object.
– Liability for possible breakdowns or faults in the water or electricity supply, as well as events and consequences due to force majeure, are hereby excluded.
15. final provisions
– Photos and text on the website or in the flyer serve the purpose of realistic description.
– A 100% match with the rental object cannot be guaranteed.
– The lessor reserves the right to make changes to the equipment (e.g. furniture), provided that they are of equal value.
– 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 which comes as close as possible to the economic and legal intentions of the contracting parties.
– German law shall apply.
– Amendments and supplements as well as the cancellation of the accommodation contract, the acceptance of the application or these General Terms and Conditions must be made in text form.
– This also applies to the cancellation of this text form clause.
– Unilateral amendments or supplements by the guest are invalid.
– The guest agrees to the General Terms and Conditions as well as the house rules (link to house rules) of Apartment Bergzeit.
– The declaration of consent is made with the booking.
– In the event of violations of the General Terms and Conditions or the house rules, the landlord is entitled to terminate the rental relationship immediately and without notice. There is no legal claim to repayment of the rent or compensation.
Status 03 January 2023