General terms and conditions (GTC) of the Ermis Apartments GbR
(hereinafter: "the provider"):
§ 1 validity of the conditions
(1) These general terms and conditions apply to contracts for the rental rental of holiday apartments for accommodation, as well as all other services and deliveries made by the provider for the guest. The services of the provider are based exclusively on these general terms and conditions.
(2) The subletting or re-letting of the rented holiday home as well as its use for purposes other than accommodation require the prior consent of the provider in writing, whereby § 540 (1) sentence 2 BGB is waived unless the guest is a consumer.
(3) Terms and conditions of the guest only apply if they have been agreed in advance.
§ 2 Contractual partner, booking / booking confirmation, statute of limitations
(1) Contractual partners are the provider and the guest.
(2) The contract is concluded when the offerer accepts the guest's application (booking declaration). The guest is bound to a booking declaration made by him either via the website of the provider (www.ermis-apartments.de), by email or by telephone, which the provider has not yet accepted, 14 calendar days after the declaration has been made. The provider is entitled to accept the booking within this period by sending a booking confirmation in writing. The time at which the guest receives the provider's declaration of acceptance is decisive for compliance with the deadline. Any statutory right of withdrawal in accordance with the provisions on distance selling remains unaffected.
(3) All claims against the provider generally become statute-barred one year from the start of the statutory limitation period. This does not apply to claims for damages and other claims, provided that the latter are based on an intentional or grossly negligent breach of duty by the provider.
§ 3 Services, prices and terms of payment
(1) The provider is obliged to provide the apartments booked by the guest and to provide the other agreed services. The contractual scope of services results from the booking of the guest and the booking confirmation of the provider, whereby the holiday apartment is only used by the persons listed in the booking. If the guest wishes further services after conclusion of the contract, these must be agreed and paid for separately. The same applies to the use of the holiday home by more people than agreed. If the guest wants to reduce the number of booked apartments, the service of the provider and / or the length of stay after the conclusion of the contract, the provider can make his consent dependent on an increase in the price for the apartment and / or our other services.
(2) The guest has to pay the accommodation fee and the prices agreed or applicable for the other services used. This also applies to services and expenses that the provider has provided for third parties, but which the guest has caused.
(3) The total amount is to be transferred to the account of the provider immediately after the booking confirmation. The guest bears all costs of the payment, especially in the case of bank transfers from abroad. The provider accepts payments via Paypal, credit cards (VISA, Mastercard, American Express), SEPA direct debit, Giropay and Alipay. The guest consents to the storage of the credit card data and a cover request. Cash payments must be agreed separately.
(4) If the payment according to §3 is not received by the provider within five working days of the booking confirmation, the guest is in default. The provider is then entitled to demand the applicable statutory default interest, whereby he is free to provide evidence of higher damage. For the first reminder after the occurrence of default, the provider is entitled to a flat-rate administration fee of EUR 5.00 and for each additional reminder in the amount of EUR 10.00.
§ 4 Provision, handover and return of the apartment
(1) The guest does not acquire the right to a specific apartment, unless this has been expressly agreed.
(2) The booked apartment is available to the guest from 3:00 p.m. on the agreed arrival date. The guest is not entitled to earlier availability.
(3) The keys are handed over via a key box, which can be found at the provider's house. The instructions for self-check-in will be sent to the guest at least one day before the agreed arrival via email, WhatsApp or SMS.
(4) On the agreed departure date, the apartment must be vacated and made available to the provider no later than 11:00 a.m. Dishes, cutlery, glasses, etc. must be cleaned and given away beforehand. Thereafter, due to the delay in vacating the apartment, the provider can charge 50% of the full accommodation price (list price) for use beyond the contract until 6:00 p.m., and 90% from 6:00 p.m. This does not justify contractual claims by the guest. He is free to prove that the provider has no or a significantly lower claim to usage fee.
§ 5 Resignation of the guest (cancellation, cancellation) / failure to use the services of the provider (no show)
(1) Withdrawal by the guest from the contract concluded with the provider is only possible, irrespective of any right of withdrawal under the provisions on distance selling, if a right of withdrawal has been expressly agreed in the contract, another statutory right of withdrawal exists or if the provider has canceled the contract expressly agrees. The agreement of a right of withdrawal as well as any consent to a contract cancellation should be made in writing.
(2) The guest can withdraw from the contract up to 14 days before the agreed arrival date without triggering payment or compensation claims by the provider. The guest's right of withdrawal expires if he does not exercise his right to withdraw from the provider by this date.
(3) If a contractual right of withdrawal has already expired, there is also no statutory right of withdrawal, withdrawal or termination, or if such a right has already expired by the expiry of the deadline and the provider does not agree to a termination of the contract, the provider retains the right to the agreed remuneration despite not making use of the Services. The provider has to credit the income from renting the holiday home to other parties as well as the saved expenses. If the holiday home is not rented to someone else, the provider can apply a flat rate deduction for saved expenses. In this case, the guest is obliged to pay 90% of the contractually agreed price for an overnight stay with or without breakfast as well as for all-inclusive arrangements with external services. The guest is free to prove that the aforementioned claim did not arise or did not arise in the required amount.
§ 6 Resignation of the provider
(1) If it has been agreed that the guest can withdraw from the contract free of charge within a certain period of time, the provider is entitled to withdraw from the contract during this period if there are inquiries from other guests about the contractually booked apartment and the guest on request of the provider waived his right to withdraw with a reasonable deadline.
(2) If an agreed or requested advance payment or security deposit is not made even after a reasonable grace period set by the provider has expired, the provider is also entitled to withdraw from the contract.
(3) Furthermore, the provider is entitled to extraordinarily withdraw from the contract for an objectively justified reason, in particular if
- Force majeure or other circumstances for which the provider is not responsible make it impossible to fulfill the contract;
- Apartments are culpably booked with misleading or false information or with concealment of essential facts; The identity of the guest, solvency or the purpose of the stay can be essential;
- the provider has justified cause to believe that the use of the service can endanger the smooth business operations, the security or the reputation of the provider in public, without this being attributable to the provider's sphere of control or organization;
- the purpose or the cause of the stay is illegal;
- the provider becomes aware of circumstances that the guest's financial circumstances have deteriorated significantly after the conclusion of the contract, in particular if the guest does not settle due claims or does not provide sufficient security and therefore the payment claims of the provider appear to be endangered;
- the guest has submitted an application to open insolvency proceedings against his assets, has given an affidavit in accordance with §807 of the Code of Civil Procedure, has initiated an out-of-court debt settlement procedure or has stopped his payments;
- insolvency proceedings are opened against the guest's assets or the opening of the same is refused for lack of assets or for other reasons;
- there is unauthorized subletting or re-letting or use contrary to the contract (cf. § 1 para. 2) or use by persons not listed in the booking (cf. § 3 para. 1 sentence 2);
- there is a disturbance of domestic peace by the guest.
(4) The justified resignation of the provider does not justify a claim of the guest for damages.
§ 7 liability of the provider
(1) The provider is liable for damages for which he is responsible from injury to life, limb or health. Furthermore, he is liable for other damages based on an intentional or grossly negligent breach of duty by the provider or on an intentional or negligent breach of contract-typical obligations by the provider. A breach of duty by the hotel provider is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise regulated in this paragraph. Should disruptions or deficiencies in the provider's services occur, the provider will endeavor to remedy the situation if he becomes aware of this or if the guest complains immediately. The guest is obliged to do what is reasonable for him to remedy the disruption and to keep possible damage to a minimum.
(2) The provider is liable to the guest for items brought in according to the statutory provisions. If the guest wishes to bring in money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a separate storage agreement with the provider.
(3) If the guest is provided with a parking space in the parking lot, even for a fee, this does not constitute a safekeeping contract. In the event of loss of or damage to vehicles parked or maneuvered on the provider's property and their contents, the provider is only liable in accordance with the above paragraphs 1 and 2.
§ 8 Use of Internet access via WLAN
(1) The provider maintains Internet access via WLAN. It allows the guest to share the WLAN access to the Internet for the duration of their stay. The guest does not have the right to allow third parties to use the WLAN.
(2) The provider does not guarantee the actual availability, suitability or reliability of the Internet access for any purpose. He is entitled at any time to fully, partially or temporarily allow other co-users for the operation of the WLAN and to restrict or exclude the guest's access completely, partially or temporarily if the connection is or has been used in an improper manner, insofar as the provider must fear a claim and cannot prevent this with customary and reasonable effort in a reasonable time. In particular, the provider reserves the right, at its reasonable discretion and at any time, to block access to certain pages or services via the WLAN (e.g. pages that glorify violence, pornographic or payable sites).
(3) Use takes place by means of access security. The access data (login and password) may under no circumstances be passed on to third parties. If the guest wants to grant third parties access to the Internet via the WLAN, this is dependent on the prior written consent of the provider and the acceptance of the provisions of this user agreement by the third party, which is documented by means of a signature and complete identification. The guest undertakes to keep his access data secret. The provider has the right to change access codes at any time.
(4) The guest is advised that the WLAN only enables access to the Internet, virus protection and firewall are not available. The data traffic established using the WLAN is unencrypted. The data can therefore possibly be viewed by third parties. The provider expressly points out that there is a risk that malware (e.g. viruses, Trojans, worms, etc.) can get onto the end device when using the WLAN. Use of the WLAN is at your own risk and at the guest's own risk. The provider assumes no liability for damage to the guest's digital media resulting from the use of the Internet access. § 7 remains unaffected.
(5) The guest is responsible for the data transmitted via the WLAN, the chargeable services used and legal transactions carried out. If the guest visits paid websites or if he enters into liabilities, the resulting costs must be borne by him. He is obliged to comply with applicable law when using the WLAN. In particular, he will:
- not to use the WLAN to access or distribute immoral or illegal content;
- do not unlawfully reproduce, distribute and / or make accessible any copyrighted goods; this applies in particular in connection with the use of file sharing programs; The guest is informed that the download in the context of a peer-to-peer network regularly automatically initiates the upload for technical reasons, whereby the data is made publicly accessible in accordance with copyright law;
- observe the applicable youth protection regulations;
- not send or distribute any harassing, defamatory or threatening content;
- do not use the WLAN to send mass messages (spam) and / or other forms of inadmissible advertising.
(6) The guest exempts the provider from all damage and claims by third parties that are based on illegal use of the WLAN by the guest and / or on a violation of the present agreement; this also extends to the use or their use Defense related costs and expenses. If the guest recognizes or has to recognize that such a violation of the law and / or such a violation exists or is threatened, he shall inform the provider of this fact.
§ 9 Use of the apartment by the guest, house rules, general rights and obligations of the guest
(1) The guest is obliged to comply with the house rules, which are posted in the respective apartment. From 10:00 p.m. to 6:00 a.m., the period is quiet. To avoid interference, TV and audio equipment must be set to room volume.
(2) For the duration of the rental of the holiday apartment, the guest is obliged to keep windows (unless tilted) and doors closed when leaving the holiday apartment.
(3) Bringing or accommodating pets is prohibited.
(4) The apartment is handed over by the provider in a tidy and clean condition with complete inventory. If there are any defects or should occur during the rental period, the guest must inform the provider of this immediately. The guest is liable for the damage caused to the rental property, the inventory e.g. broken dishes, damage to the floor or furniture. This also includes the cost of lost keys. The guest is also liable for the negligence of his fellow travelers. Damage caused by force majeure is excluded from this. If there is liability insurance, the damage must be reported to the insurance company. The provider must be informed of the name and address as well as the insurance number of the insurance company. The inventory is to be treated with care and care and is only intended to remain in the holiday apartments. It is forbidden to move furniture, especially beds.
(5) A general smoking ban applies in the apartment. In the event of non-compliance, the provider can charge a flat-rate cleaning fee of up to EUR 100.00 (net). Smoking is only allowed on balconies and terraces.
(6) Washing and / or drying laundry is prohibited in the apartments. If necessary, washing at the provider is possible, per washing machine 5.00 euros including detergent. If you stay longer than seven days, the use of the washing machine is free, but limited to 1 time per day.
(7) The in-house car park offers parking spaces for two cars. Additional vehicles can be parked on the street side. The guest is obliged to ensure that his vehicles do not hinder the exit from the property and the provider's garage.
(8) Ball games are possible outside the entire property. Entering or using the garden (pavilion etc.) is not permitted.
(9) The introduction and / or attachment of materials for decoration or similar is not permitted in the apartment. The guest is solely liable for any decorations or similar that have been installed and / or attached and exempts the provider from claims by third parties. He is also obliged to compensate for any damage caused by the installation of decorations or similar.
(10) Smoking of any kind of tobacco products and / or the consumption of drugs is prohibited in the entire house. Smoking is permitted in the free areas (terrace, balcony, entrance area / courtyard). In addition, the guest undertakes to comply with the provisions of the Youth Protection Act, in particular §§9 and 10 (alcoholic beverages and smoking in public).
(11) The provider has the right to access the holiday home at any time, especially in the event of imminent danger. Appropriate consideration must be given to the interests of the guest that are worthy of protection when exercising the right of access. The provider will inform the guest in advance about the exercise of the right of access, unless this is unreasonable or impossible for him in the circumstances of the individual case.
§ 10 Safekeeping of items brought in
The provider keeps items left behind by the guest for four weeks after their departure. Subject to the provision in § 7, the provider is not liable for damage to or loss of such items. The guest is entitled to demand such items at any time. If the guest requests items left behind, this is done at his own expense. After four weeks after the guest's departure, the provider may destroy such items or sell them to third parties. In the event of a sale, the provider will give the guest the proceeds of the sale minus our expenses if the guest proves his ownership of the item found and sold beyond any doubt.
§ 11 Offsetting and right of retention
Offsetting the guest with counterclaims or withholding payments due to such claims is only permitted if the counterclaims are undisputed or have been legally established.
§ 12 Final Provisions
(1) Changes and additions to the contract, the acceptance of applications or these General Terms and Conditions should be made in writing. Unilateral changes or additions made by the guest are ineffective.
(2) Place of fulfillment and payment as well as exclusive place of jurisdiction - also for check and bill of exchange disputes - is Reutlingen for commercial transactions. If a contractual partner meets the requirements of Section 38 (2) ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is Reutlingen.
(3) German law applies. The application of the UN sales law and the conflict of laws is excluded.
(4) Should individual provisions of these general terms and conditions be or become ineffective or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply.