General conditions FewoZentrale Willingen

Machine-translated draft. Please consult the German original before booking.

General conditions

General conditions of the FewoZentrale Willingen and the respective owners for the rental of holiday apartments and houses holiday apartment headquarters – MM Konzepte GmbH, Briloner Str. 7 D-34508 Willingen/Upland; date: December 2017

The general terms and conditions (from 12/017) are part of the booking confirmation and comply with the conditions of German rental law (BGM) and broadly correspond to the recommendations of the German professional association for Hotel and Restaurant (DEHOGA)

Reserve ring: by means of an oral, telephone or written (including e-mail) reservation, you have signed a legally binding letter of intent for a rental contract with the landlord. This is binding on both parties once the property has been ordered and the owner has agreed to make the reservation in writing or by email. The deposit paid by the tenant is considered to be a signature for accepting these general terms and conditions. In the event that the deposit is paid by a co-deliverer or third party, then this jointly and severally is also applicable to the entire obligations arising from the contract. The tenant has the obligation to inform the third parties accordingly.
Overlapping reserve rings: For technical reasons, delays of up to 24 hours in automated data updating may occur between the various online portals/software systems. If these conditions result in double reservations, the first person who has reserved (timestamp) will be awarded the object. Therefore, a reservation on the Internet is binding only after a second confirmation of the agency or the landlord has been made by e-mail in addition to confirmation by the Internet portal.
Reservering van object types: For some landlords, you can only rent an object of a certain type in the respective house / holiday apartment complex with certain characteristics (e.g. number of bedrooms, stars, accessibility, non-smoking, balcony). In this case, the guest cannot claim one specific object, but only an object of the reserved type. Similar characteristics, location in the house and surface dimensions may vary slightly in objects of the same type.
Contractants: A contract is only concluded between the owner mentioned on the reservation (rental) and the tenant. The holiday apartment-Zentrale Willingen (agency) is a court-appointed intermediary of the relevant landlord.
Right Grondslag are the provisions of the German rental law (BGB, German Civil Code), as well as the conditions of the German professional association for Hotel and Restaurant (DEHOGA). Generally the travel right (DE: Reiserecht) does not apply.
Verpflichtingen van de aanbieder: The conclusion of the guest residence agreement (rental contract) requires both parties to fulfil the agreements agreed in the contract and cannot be unilaterally lifted without the other contractors' consent.
1. De verhuurder is committed in the absence of the accommodation, to compensate the tenant for demonstrable damage.
  Excepted are cases of force majeure, such as natural disasters, water damage and so on. Such circumstances relieve the landlord of obligations, whereby the landlord has to face up to his or her conscience to provide a replacement accommodation.
2. If a double reservation has been made by mistake at the landlord / agency, the tenant who has booked first or arrived first will be allocated the accommodation. In this case the landlord / agency should provide the second tenant with an appropriate replacement accommodation. The tenant is entitled to a total compensation of 15% of the rental price if the landlord offers accommodation equivalent in terms of quality and decor in the same city and the tenant accepts it. An object of the same type (see paragraph 2 above) does not give rise to any right to price reduction / compensation.
3. Annulering door de huurder: The tenant is obliged to pay the agreed price in accordance with §537 BGB in the non-use of the contractually agreed services. The costs saved by the landlord are deducted from this. These costs saved are usually 10% in accordance with the international Hotel Regulations.
4. It is legally irrelevant for what reasons the reserved accommodation is not used and at what point the reservation was cancelled by the tenant. Explanation: Since it is not possible to break the contract unilaterally, it is legally irrelevant when the cancellation took place.
5. Rental agents and agencies should try to rent non-usual accommodations to others. Until the time of rental to others, the tenant is liable in accordance with point 5c.
6. In this case, the landlord and agency have the right to reduce the damage by offering and renting out the accommodation to their own good cheaper. A successful replacement rental will only come about when the next tenant has paid the property in full.
7. It is only after the cancellation period that the cancellation costs are charged, with deduction of the savings / income, by further rental. Until then all amounts already paid will be retained. In any case, 50 € of cancellation fees will be charged.
8. We therefore recommend our guests at least one Annuleringsverzekering af te sluiten, for example in the case of European Travel Insurance (ERV): http://www.europeesche.nl of ANWB http://www.anwb.nl/verzekeringen/annuleringsverzekering
Betalings voorwaarden: All payments are made by bank transfer, so far agreed otherwise. A deposit of 20% can be paid within one week of the booking confirmation.
The remainder of the payment must be paid at least 14 days before the date of arrival. If you make short-term reservations (less than 28 days before the date of arrival), the full amount must be paid in one instalment.
If the agreed payments are not paid despite a notice with payment notice, the landlord is entitled to cancel the contract immediately without prior notice. Damage claims by the landlord as described in point 5c remain unaffected.
Borg: Together with the payment of the rental price (if not otherwise agreed) with the remaining payment 14 days prior to arrival, a deposit of €150 is normally payable. This will be refunded within 5 working days after departure when leaving the property in good condition. The condition of accommodation, as left by the tenant, is controlled by the cleaning service, usually immediately after your departure. Any damage / contaminations may be documented with a photograph. If the tenant or his fellow travellers have caused damage or exceptional pollution, this must be reported immediately to the landlord. This will facilitate the resolution of the situation for all concerned and prevent any subsequent problems.
Arrival/departure and rented object: The arrival and departure times are normally stated in the reservation. In case of later arrival please always contact the landlord/agency in advance. If the reservation does not mention arrival and departure times, the arrival is from 16 to 20 hours and the departure until 11 hours.
Bij aankomst the tenant must be satisfied that the accommodation is in good condition. Damage, defects and impurities must be reported directly to the landlord and may be recorded by means of a photo (with mobile phone). Important additional contact details are contained in the information folder in the property. Rest and house rules must be respected by the tenant at all times!
De huurder serves bij vertrek The kitchen must be cleaned and are in the same condition as on arrival. The cutlery, crockery, pans and so on are clean and lie in the drawer and closet as on arrival. Waste is removed from the apartment and separated from the respective waste containers outside. The oven and refrigerator are empty and crumb-free. The final cleaning, which is done by the cleaning service, consists of cleaning the bathroom, cleaning / vacuuming and erasing the floor, dusting the furniture, washing the windows and sweeping the terrace, clearing the kitchen floor, closets and furniture. Cleaning the kitchen is not part of the final cleaning! In case of excessive pollution you will be charged extra cleaning costs!
Roken en roken zonder toestemming: Unless expressly stated in the booking confirmation that smoking is allowed in the accommodation, it generally deals with non-smoking accommodations. Smoking is strictly prohibited here and only allowed on the balcony/terrace with closed door or in front of the house entrance, when there is no balcony. Smoking without permission leads to immediate termination of the rental agreement! In case the cleaning service detects the smell of cigarette smoke in a non-smoking accommodation after your departure and it is also drawn into the object in curtains, upholstered furniture, beds and other objects, this may result in a complete special cleaning, which may cost several hundred euros. These costs will be charged to the tenant. In any case, the deposit will lapse if the smell of cigarette smoke is observed in a non-smoking accommodation. We ask smokers to take this seriously into account in advance thanks!
Pets are not allowed in the accommodation. In cases where the tenant is allowed to bring pets/dogs into certain objects, the landlord has the right to charge additional cleaning costs if the accommodation is heavily contaminated with hair, smells strongly or other animal-induced pollution is detected. In the case of domestic damage, point 7.
Persons aantal: It is not allowed to stay in the accommodation with more than the persons mentioned in the reservation. Infringement of this requirement results in immediate termination of the rental agreement.
Disturbance of rest and immediate termination of the lease: This rule applies mainly to Willingen, but can also be applied by other landlords!
Willingen is known, especially on Saturdays, for its cosiness. However, loud music, parties and similar celebrations are not allowed both on the balcony and in the accommodation! Violation of this commandment leads to immediate termination of rental agreement without notice. The tenant is also responsible for his fellow travellers in this respect.
Since there is no police station in Willingen, complaints are usually the first to call the local private security department (black sheriffs) (even if the complaint comes to the police). In the event of a legitimate and serious complaint, this could lead to immediate termination of the lease.
In this case, the police and private security services have the power to exercise the right of residence in front of the guest on behalf of the landlord/agency/building management, to pronounce the immediate termination and to ensure evacuation.
Also the neighbors / permanent residents of the house / building are judged, after a first warning has not been entered, to exercise the house right in the name of the landlord / agency and to pronounce an immediate termination and to arrange for evacuation, possibly with the help of the police, municipal department Public Order and Security and private security service. The use of the private security service is at the guest's expense and costs 100 to 200 €. This arrangement is common in Willingen and is legitimate in agreement with official regulatory authorities. By signing this rental agreement, the guest accepts the general terms and conditions and expressly declares his agreement to these measures.
Build your party in the appropriate Horeca places and not in the accommodation!!! We thank u voor uw begrip!
MeineCardPlus: Offers the Rental Services such as MeineCardPlus The business relationship is established only between the tenant and the operator concerned, or the recreational facility used. MeineCardPlus In the event of misuse, the card is withdrawn and may result in criminal proceedings. mycardplus.de.
Toegang dead het Internet: If the tenant accepts an offer to use the Internet, wlan, hotspot and so on, the landlord has no responsibility and liability for the functionality and security of data. In rural areas, the data lines are often only of lesser quality. Activities with a high data volume, such as watching movies online, playing online, and the like, should be neglected to cause any burden to other users in the same home/building. Only the tenant is responsible and liable for all his activities in the Internet, including those of fellow travellers and children. The tenant takes over all claims from third parties to the landlord, which may be directed against the landlord by the tenant's activities and is completely enforceable in this sense. Illegal activities and downloads are prohibited. Abuse is criminally prosecuted.
Free use of game and sports equipment: To the extent that games and sports equipment are provided free of charge (bikes, fitness equipment, sleds, skis, trolleys, swings, surfboards, boat etc.), their use is complete and entirely at the own risk of the tenant and his fellow travellers. In particular, the tenant must pay attention to his children and bears the responsibility for this. The tenant is obliged to check that the equipment is working properly and is safe before putting into service. Only then can the equipment be used. Any malfunctions and defects must be reported to the landlord immediately. The landlord cannot be held liable for accidents. Under no circumstances can the tenant claim compensation for material damage and personal injury caused by malfunctions of the equipment or failure to operate the equipment.
Sneeuwvrij maken in de winter: If in certain holiday homes (including detached houses) snow does not clean up the pavements, parking spaces and access roads by a property management among others, the tenant has the legal obligation to clear snow for the duration of his stay and is liable for accidents caused by insufficient snow clearance. For more information about snow clearance, please refer to the "Leaflet before arrival/departure" which is attached to each holiday home.
Also applies to all other holiday objects (with snow removal by property management ... or something similar), that the owner / agency cannot be held responsible for expulsion and accidents, as a rental agreement according to the right to rent the apartment in accordance with BGB. Here it is expressly stated that the tenants may have to clear themselves in case of continuous heavy snowfall.
Verwerking van persoonsgegevens: we process your data according to guidelines of the German Privacy Act. For proof of registration, checks and tests, as well as for any future reservations, we store your data internally. In no case will this data be transmitted to third parties, insofar as the transmission of the data is not necessary in direct relation to the reservation (e.g. Tourist tax / proof of login / MeineCardPlus ). The tenant agrees to occasionally receive information about innovations at holiday apartment-Zentrale (no regular newsletter/mailing).
Salvatorial clausule / Slot-bepalingen: If some points of the general terms and conditions are null and void or are not valid due to changes in the law, the conditions remain valid as a whole in all other points. The invalid points must be interpreted in such a way that they comply with the applicable law.
Right-wing: The legal jurisdictions are governed by German law. In the event that the landlord's or tenant's residence is abroad, both parties shall be governed by the jurisdiction of the Agency (Korbach/Hessen), unless otherwise legally required.

General conditions