General terms and conditions for renting the historic sawmill holiday apartment

§ 1 . Validity of the terms and conditions
(1) These general terms and conditions apply to contracts for the rental of holiday apartments for accommodation as well as all other services and deliveries provided by the provider for the guest. The provider's services are provided exclusively on the basis of these general terms and conditions.
(2) The subletting or re-letting of the holiday home provided and its use for purposes other than residential require the prior written consent of the provider.
(3) The guest's terms and conditions only apply if they have been agreed in advance. Deviations from these conditions are only effective if the provider has expressly confirmed them in writing.

§ 2 Booking/Booking Confirmation
Please enter booking requests via the booking request or send them in writing           kontakt@hexenloch-lodge.de or give us a call.
If we can provide you with the desired holiday apartment in the desired period, you will receive written confirmation of the booked holiday apartment and the invoice from us. The reservation for the holiday apartment is legally binding upon receipt of the booking confirmation and after the deposit has been paid (see §3).

§ 3 Terms of Payment
The deposit of 20% of the total amount is to be transferred to our account immediately after the booking confirmation. The remaining payment is due no later than 21 days before arrival. For short-term bookings immediately after receipt of the invoice.
In the event of a delay in payment, we are entitled to demand the applicable statutory interest on arrears, currently 5% above the base interest rate. For each reminder after the occurrence of default, the customer has to reimburse reminder costs of EUR 15.00 to us. All other costs incurred as part of the collection are borne by the customer. The customer bears the costs of payment, especially in the case of transfers from abroad. All bank transfer fees are to be borne in full by the tenant, ie the full invoice amount is to be credited to our bank account free of charge. We only accept payments by bank transfer or cash payments by arrangement, no ec and credit cards or checks.

§ 4 Arrival and departure
On the day of arrival, the apartment is available from 4 p.m. Should the arrival take place after 20:00, this must be agreed in advance. Claims for damages cannot be asserted if, exceptionally, the holiday apartment cannot be occupied punctually at 4:00 p.m.
On the day of departure, the apartment must be vacated by 10:00 a.m. The landlord reserves the right to charge for a late departure. The apartment must be left swept clean on the day of departure. The dishes, glasses, etc. must be cleaned and put away, the rubbish bins emptied and the refrigerator emptied.

§ 5 holiday home
The apartment is handed over by the landlord in a neat and clean condition with a complete inventory. If defects exist or occur during the rental period, the landlord must be informed immediately. The tenant is liable for damage caused by him to the rented property, the inventory, e.g. broken dishes, damage to the floor or furniture. This also includes the cost of lost keys.

The inventory is to be treated gently and with care and is only intended to remain in the holiday apartments. The moving of furnishings, especially beds, is prohibited. The renter is also liable for the fault of his fellow travelers. Damages caused by force majeure are excluded from this. The contract can be terminated without notice if the holiday apartment is used in breach of contract, such as subletting, overcrowding, disturbing the peace of the house, etc., or if the full rental price is not paid. The rent already paid remains with the landlord.
If liability insurance exists, the damage must be reported to the insurance company. The lessor is to be informed of the name and address as well as the insurance number of the insurance company.

§ 6 Pets
The accommodation of pets of any kind is only permitted in the holiday apartment with the prior written consent of the provider. The provider charges a reasonable surcharge for the accommodation of animals. If animals are accommodated without the prior consent of the provider, the provider can charge a cleaning fee of up to EUR 100.00 (net).

§ 7 Residence
The apartment may only be used by the persons listed in the booking. If the apartment is used by more people than agreed, a separate fee must be paid for them, which is determined in the rental price. In this case, the lessor also has the right to terminate the rental agreement without notice.
Subletting and letting of the apartment to third parties is not permitted. The rental contract may not be passed on to third parties.
The tenant agrees to the general terms and conditions and the house rules of the historic sawmill apartment. The declaration of consent takes place with the payment.
In the event of violations of the terms and conditions or the house rules, the landlord is entitled to terminate the tenancy immediately and without notice. There is no legal entitlement to repayment of the rent or compensation.

§ 8 Cancellation of travel
In the event of withdrawal from the rental agreement, the tenant is obliged to pay part of the agreed price as compensation. A cancellation must be made in writing. The amount of compensation depends on the time up to the day of arrival and is calculated as follows:

up to 60 days before the day of arrival 20% of the agreed price
up to 45 days before the day of arrival 40% of the agreed price
up to 30 days before the day of arrival 60% of the agreed price
up to 15 days before the day of arrival 80% of the agreed price
1 day before arrival or no-show 90% of the agreed price

It is recommended to take out travel cancellation insurance.

§ 9 Withdrawal by the landlord
In the event of a cancellation on our part, as a result of force majeure or other unforeseeable circumstances (e.g. accident or illness of the host) as well as other circumstances for which we are not responsible, make fulfillment impossible; liability is limited to reimbursement of costs. In the event of a justified withdrawal, the customer is not entitled to compensation - liability for travel and hotel costs is not accepted.
The landlord can withdraw after the start of the rental period without observing a deadline if the tenant disturbs other tenants in spite of a warning or behaves in breach of contract to such an extent that the immediate cancellation of the rental contract is justified.

§10 Liability of the Lessor
The landlord is liable within the scope of the duty of care  for the proper provision of the rental property. Liability for any failures or disruptions in the water or power supply, as well as events and consequences of force majeure are hereby excluded.

§11 Use of Internet access via WLAN

§11.1. Permission to use Internet access via WLAN
The landlord maintains Internet access via WLAN in his holiday home. He allows the tenant to use the wireless Internet access for the duration of his stay in the holiday home. The tenant does not have the right to allow third parties to use the WLAN.
The landlord does not guarantee the actual availability, suitability or reliability of the Internet access for any purpose. He is entitled at any time to allow other co-users to operate the WLAN in whole, in part or temporarily and to restrict or exclude the tenant's access in whole, in part or temporarily if the connection is or has been used in an abusive manner, insofar as the landlord has to fear a claim as a result and cannot prevent this with usual and reasonable effort in a reasonable time. In particular, the landlord reserves the right to block access to certain sites or services via the WLAN (e.g. sites that glorify violence, are pornographic or chargeable sites) at any time and at his reasonable discretion.

§11.2. access data
Use is by means of access security. The access data (login and password) may under no circumstances be passed on to third parties. If the lessee wants to grant third parties access to the Internet via the WLAN, this is subject to the prior written consent of the lessor and the acceptance of the provisions of this user agreement by the third party, documented by signature and complete identification. The tenant undertakes to keep his access data secret. The landlord has the right to change access codes at any time.

§11.3. Dangers of WiFi Use, Limitation of Liability
The tenant is advised that the WLAN only allows access to the Internet, virus protection and firewall are not available. The data traffic generated using the WLAN is unencrypted. The data can therefore possibly be viewed by third parties. The landlord 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. The use of the WLAN is at the tenant's own risk. The lessor assumes no liability for damage to the lessee's digital media caused by the use of the Internet access, unless the damage was caused intentionally or through gross negligence by the lessor and/or his vicarious agents.

§11.4. Accountability and Release from Claims
The tenant is responsible for the data transmitted via the WLAN, the paid services used and the legal transactions that have not been carried out. If the renter visits paid websites or enters into liabilities, the resulting costs are to be borne by him. He is obliged to comply with the applicable law when using the WLAN. In particular, he will:
Not to use the WLAN to access or distribute immoral or illegal content; 
not illegally reproduce, distribute or make available any copyrighted goods;
this applies in particular in connection with the use of file sharing programs;
observe the applicable youth protection regulations;
not send or distribute harassing, defamatory or threatening content;
not use the WLAN to send bulk messages (spam) and/or other forms of illegal advertising.

The tenant indemnifies the landlord of the holiday property from all damage and claims by third parties that are based on illegal use of the WLAN by the tenant and/or on a violation of the present agreement, this also extends to the claim or its defense related costs and expenses. If the tenant recognizes or has to recognize that such a violation of rights and/or such a violation exists or is imminent, he shall inform the landlord of the holiday property of this circumstance.

§ 12 house rules, general rights and obligations

(1) The guest is obliged to comply with the house rules. From 10:00 p.m. to 7:00 a.m. the night rest applies. To avoid interference, TV and audio devices should 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 open) and doors closed when leaving the holiday apartment.

(3) It is not permitted to take or keep pets in the holiday apartment.

(4) There is a general ban on smoking in the holiday apartment. In the event of violations, the provider can charge a cleaning fee of up to EUR 100.00 (net). Smoking is only allowed on balconies and terraces.

(5) The provider has a right of access to the holiday apartment at any time, especially in the event of imminent danger. Reasonable consideration must be given to the guest's interests worthy of protection when exercising the right of access. The provider will inform the guest in advance about exercising the right of access, unless this is unreasonable or impossible under the circumstances of the individual case.

§13 Written form
There are no agreements other than those listed in this contract. Verbal agreements were not made. The general terms and conditions are accepted with transfer of the deposit.

§14. Severability Clause
Should one or more provisions of these General Terms and Conditions become ineffective, this shall not affect the validity of the remaining provisions. The ineffective provision is to be replaced by an effective one that comes as close as possible to the economic purpose of the ineffective provision.

§ 15 Jurisdiction
The District Court of Donaueschingen is responsible for any disputes arising from the contractual relationship.