General Terms and Conditions (GTC) - "Holiday Apartment Genster.de"
Landlord:
Thomas and Leslie Genster
Am Lilienbaum 43
58135 Hagen
1. Arrival / Departure
Saturday from 3 p.m. until the following Saturday at the latest at 11 a.m. Arrival and departure times also apply to individually agreed weekdays. Departure must take place no later than 11:00 a.m. on the day of departure. If the departure time is exceeded by more than 30 minutes, an additional night will be charged. Other arrival and departure times can be agreed individually with the landlord. If the tenant does not appear by 10 p.m. on the day of arrival, the contract is considered terminated after a period of 48 hours without notification to the landlord. The landlord or his representative can then freely dispose of the object. A (proportional) repayment of the rent due to early departure is generally not made.
2. Special requests and ancillary agreements are generally possible
They require written confirmation from the landlord. Pets are not allowed. We encourage guests with service animals to contact us prior to their stay.
3. Payment
The rental agreement becomes valid upon receipt of the down payment on the lessor's Paypal account. The deposit of 20% of the rental amount is due within seven days of receipt of the booking documents. After the deposit has been paid, the balance is due 30 days before departure. If the payment deadlines are not met, the landlord can withdraw from the contract. Failure to pay is considered withdrawal and entitles the tenant to re-rent. Additional costs for water, parking space, waste and energy costs are not charged.
4. Withdrawal
You can withdraw from the contract at any time. The withdrawal must be made in writing. In the event of withdrawal, you are obliged to compensate us for the damage we have suffered:
• No compensation from the day of the booking confirmation by the landlord until the 121st day before the start of the rental period
• from the 120th day to the 61st day before the start of the rental, 30% of the total price
• from the 60th day to the 15th day before the start of the rental, 50% of the total price
• from the 14th day to the 8th day before the start of the rental, 80% of the total price
In the event of cancellation less than eight days before the start of the rental period, the full travel price must be paid. The date of receipt of your cancellation message counts. Amounts already paid will be offset. You can provide a substitute who enters into your contract under the conditions stated. Written notification is sufficient.
5. Termination by Landlords
The lessor can terminate the contractual relationship before or after the start of the rental period without notice if the lessee, despite a prior reminder, does not make the agreed payments (down payment and final payment) on time or otherwise behaves in breach of contract to such an extent that the lessor cannot continue the rental contractual relationship is not reasonable. In this case, the landlord can demand compensation from the tenant for the expenses incurred up to the point of termination and for the loss of profit.
6. Renter's Obligations
The tenant undertakes to treat the rented items (holiday apartment, inventory and outdoor facilities) with care. If damage occurs to the holiday apartment and/or its inventory during the tenancy, the tenant is obliged to report this to the landlord immediately. Defects and damage already detected upon arrival must be reported to the landlord immediately, otherwise the tenant is liable for these damages. A reasonable period of time must be granted for the elimination of damage and defects. Claims from complaints that are not reported immediately on site are excluded. Complaints received by the landlord at the end of the stay or after leaving the holiday home are also excluded from compensation. In the event of any disruptions to performance, the lessee is obliged to do everything reasonable within the scope of his legal obligation to help remedy the disruption and to keep any damage that may have occurred to a minimum. On the day of departure, the tenant is to remove personal items, household waste is to be disposed of in the designated container, crockery is to be stored clean and washed in the kitchen cupboards.
7. Claims for Reduction
If the offer is limited (e.g. shops are closed, museums, lidos can only be used to a limited extent or not at all, the WiFi fails, or an electronic device is defective). In this case, the rented item is not defective. The so-called "risk of use" lies with the guest, there is no right to reduction or termination.
8. House Rules
The tenant receives a copy of the house rules, which are available in the holiday apartment, and undertakes to comply with them. The tenants are asked to show mutual consideration. Disturbing noises that annoy the roommates and disturb the peace at home should be avoided. The night rest period is from 10:00 p.m. to 8:00 a.m. and the midday rest period is from 1:00 p.m. to 3:00 p.m. Televisions, radios and similar media devices are to be set to room volume.
9. Privacy
The lessee agrees that necessary personal data may be stored, changed and/or deleted as part of the contract concluded with him. All personal data is treated with absolute confidentiality.
10. Liability
The tender was created to the best of our knowledge. We are not liable for any influence on the rented property by force majeure, by power and water failures customary in the country and by storms. Likewise, there is no liability in the event of unforeseeable or unavoidable circumstances such as official orders, sudden construction sites or disruptions caused by natural and local events. However, the landlord is happy to help with solving the problems (as far as this is possible). Liability on the part of the lessor for the use of the WiFi provided is excluded. The arrival and departure of the tenant is his own responsibility and liability. The landlord is not liable for personal belongings in the event of theft or fire. The tenant is fully liable for willful destruction or damage.
11. Final Provisions
Photos and text on the website or in the flyer serve as a realistic description. 100% correspondence with the rental property cannot be guaranteed. The landlord reserves the right to make changes to the equipment (e.g. furniture) provided they are equivalent. Should one or more provisions of these terms and conditions be or become invalid, this does not affect the validity of the remaining conditions. The ineffective provision is to be replaced by an effective one that comes as close as possible to the economic and legal will of the contracting parties. German law applies. Place of jurisdiction and place of fulfillment is the place of residence of the landlord.
