1. Subject matter of the contract
The rental contract for the holiday accommodation described below is bindingly concluded. The accommodation is rented to the tenant for the specified duration of the contract exclusively for use for holiday purposes and may only be occupied with the maximum number of persons specified in the rental contract.
2. Rental period
On the day of arrival, the landlord provides the tenant with the rental property in accordance with the contract. Arrival and departure times are either specified in the booking confirmation or to be clarified individually
3. Withdrawal by the tenant
The tenant can withdraw from the trip at any time before the start of the trip. The declaration of withdrawal should be made in writing for reasons of security of evidence. If the tenant withdraws from the lease, he must pay flat-rate compensation for the expenses already incurred by the landlord and the lost profit in the following amount:
The tenant reserves the right to prove that the landlord has suffered no or significantly less damage.
Upon withdrawal from the contract, the tenant can appoint a replacement tenant who is willing to enter into the existing contractual relationship in his place. The landlord can object to the entry of the third party if he appears economically or personally unreliable. If a third party enters into the rental contract, he and the previous tenant are liable to the landlord as joint and several debtor for the rental price and the additional costs incurred by the entry of the third party.
The tenant is recommended to take out travel cancellation insurance.
4. Termination by the landlord
The landlord can terminate the contractual relationship before or after the start of the rental period without notice if, despite a prior reminder, the tenant does not make the agreed payments (deposit, final payment and deposit) in due time or otherwise behaves contrary to the contract to such an extent that the landlord cannot be expected to continue the contractual relationship. In this case, the landlord can demand compensation from the tenant for the expenses incurred until the termination and the lost profit.
5. Cancellation of the contract due to exceptional circumstances
The rental contract can be terminated by both parties if the fulfilment of the contract is significantly complicated, endangered or impaired as a result of force majeure not foreseeable at the time of conclusion of the contract. Both contracting parties are released from their contractual obligations. However, you must reimburse the other contracting party for services already provided.
6. Obligations of the tenant
The tenant undertakes to treat the rental property including inventory with all due care. The tenant is liable for the culpable damage to furnishings, rental rooms or the building as well as the facilities belonging to the rental rooms or the building if and to the extent that it was culpably caused by him or his accompanying persons or visitors.
The tenant must immediately notify the landlord or a designated contact point (property management) of any damage incurred in the rental rooms, unless he is obliged to repair it himself. The tenant is liable to pay compensation for the consequential damage caused by untimely notification.
No waste, ash, harmful liquids or the like may be disposed of in the sewer. If blockages occur in the sewage pipes due to non-compliance with these provisions, the polluter bears the costs of the repair.
In the event of any disturbances to the facilities and facilities of the rental property, the tenant is obliged to do everything reasonable to contribute to a remedy for the disturbance or to minimise any damage that may occur.
The tenant is obliged to inform the landlord or the property management immediately about defects in the rented property. If the tenant fails to make this notification, he is not entitled to any claims for non-performance of the contractual services (in particular no claims for rent reduction).
7. Liability of the landlord
The landlord is liable for the accuracy of the description of the rental property and is obliged to provide the contractually agreed services properly and to receive them during the entire rental period. The liability of the landlord for property damage from tort is excluded, unless it is based on an intentional or grossly negligent breach of duty by the landlord or his vicarious agent. The landlord is not liable in cases of force majeure (e.g. fire, flood, etc.)
8. Keeping of animals
Animals of any kind are not allowed in the property.
9. Changes to the contract
Ancillary agreements, changes and additions to the contract must be in writing.
10. House rules
The tenants are invited to take each other's consideration.
In particular, disturbing noises, in particular loud door throwing and such activities that bother the roommates by the resulting noise and impair the tranquillity of the home, must be avoided.
11. Choice of law and place of jurisdiction
German law applies.
The district court in whose district the defendant has its general place of jurisdiction is responsible for all disputes arising from this contractual relationship.
For actions of the landlord against merchants, legal persons 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 habitual residence abroad after the conclusion of the contract or whose domicile or habitual residence is not known at the time the action is filed, the domicile of the landlord is agreed as the exclusive place of jurisdiction.
