General Terms and Conditions (GTC) for our vacation apartments

§ 1 General

The following General Terms and Conditions apply to all services provided by [secret.architecture | stummeyer.hübner GbR, Schottstraße 9, 55116 Mainz] (hereinafter "Landlord") to guests (hereinafter "Tenant") in connection with the rental of vacation apartments.

§ 2 Description of services

The Landlord's services consist of the rental of vacation apartments for temporary use in accordance with Section 549(2) No. 1 BGB, typically as part of a temporary stay in the region. The service includes the heating and cleaning of the rooms.

§ 3 Conclusion of contract

(1) The contract is concluded in writing, by telephone or via the online booking process.

(2) In the online booking process, the tenant selects the desired vacation apartment for the desired period at the specified prices and submits a binding offer by clicking on the "Book" button. This automatically constitutes acceptance of the GTCs.

(3) The tenant is responsible for ensuring that the data provided is correct and complete. Changes to personal data must be communicated immediately.

(4) A contract is only concluded with the declaration of acceptance by the landlord.

(5) If a written contract is concluded outside of the online booking procedure that deviates from these GTC, the content of the written contract shall take precedence.

(6) The landlord is entitled to request a valid passport or identity card of the tenant for identification purposes.

§ 4 Duration of the contract, termination, cancellation

(1) The duration of the tenancy is agreed individually.

(2) The vacation apartment is available to the tenant from 16:00 on the day of arrival.

(3) The landlord reserves the right to terminate the contract without notice if payment is not received at least 7 days before the start of the rental period or if the booking is made at short notice, but no later than one working day after the booking.

(4) The right to terminate the contract without notice for good cause is governed by the statutory provisions.

(5) Any termination must be made in writing.

(6) Cancellation free of charge is possible up to 7 days before arrival.

§ 5 Rates and terms of payment

(1) All prices are total prices and refer to the booked services. Additional services will be charged separately.

(2) Payments are due immediately after conclusion of the contract. Monthly payments, if agreed, are due three working days before the beginning of each month.

(3) The landlord may offset payments by the tenant against outstanding claims, unless otherwise agreed.

§ 6 Rules of conduct

(1) Smoking is strictly prohibited in the vacation apartments. A special cleaning fee and compensation will be charged for violations.

(2) Noise nuisance must be refrained from, in particular between 22:00 and 07:00 and on Sundays and public holidays.

(3) Radio and television sets are only to be operated at room volume.

(4) Objects may only be deposited in communal areas if they do not obstruct other tenants.

(5) Building and fire regulations must be observed and complied with.

(6) Doors and windows must be carefully closed at night and in stormy and rainy weather. This also applies to windows in cellar and storage compartments as well as for the respective user of communal rooms.

(7) The apartments must be adequately heated and ventilated. The floors and all equipment in the apartment must be treated with care.

§ 7 Electronic devices and technical connections

(1) The customer is permitted to use the electronic devices available in the apartment.

(2) The tenant shall be liable for any damage caused by the improper connection of electronic devices.

(3) The customer is prohibited from connecting their own electronic devices that are not intended for daily use in the rented apartment without the consent of the landlord. If, in the event of non-compliance, faults occur in the technical equipment of the apartments, the customer shall be liable for any damage incurred by the landlord as a result.

(4) The customer is not entitled to upload or download copyright-protected files via the Internet provided to him. If this does occur, the customer shall be liable for all damages and/or legal proceedings caused by him.

§ 8 Keeping pets

(1) Pets may only be brought along with prior consent and for an additional charge; consent may be revoked if the animal causes disturbance to the other residents of the house or hygienic impairment of the apartment or house.

(2) Irrespective of any fault on the part of the customer, the customer shall be responsible for all damage caused by the animal and shall release the landlord from any third-party claims in connection with the animal.

§ 9 Access to the apartment

(1)The landlord, his authorized representatives, or the landlord accompanied by authorized representatives, shall have the right to enter the apartments to check for damage and defects, to carry out necessary construction work or to read the measuring equipment after giving reasonable prior notice.

(2)In the event of imminent danger, the landlord or an authorized representative may enter the premises without prior notice and in the absence of the customer in order to counteract the danger.

§ 10 Maintenance and repair

(1) The landlord excludes liability for material defects already existing at the time of conclusion of the contract for which there is no fault (warranty liability). In this context, Section 536a (1) BGB shall not apply.

(2) The customer is obliged to report any damage to the apartment to the landlord immediately. If the customer carries out repairs independently without having previously requested a reasonable period of time from the landlord to rectify the defect, there is no entitlement to reimbursement of costs. An exception applies if urgent action by the customer is necessary and the landlord cannot be reached. The customer shall be liable for any additional damage caused by a late notification of damage.

(3) The customer is responsible for damage caused negligently or intentionally by himself, his family members, visitors, members of his household, subtenants and tradesmen and suppliers commissioned by him. It is the customer's responsibility to prove that there was no culpable behavior.

(4) If the provision of a parking space is part of the services offered by the Lessor, the Lessor's obligation shall be limited exclusively to the provision of the parking space; this does not involve monitoring the vehicle. Accordingly, there is no custodial relationship between the parties.

§ 11 Structural measures

(1) In accordance with § 555a BGB, the customer must tolerate repair work and structural alterations that are necessary to maintain the house and the apartments, to avert imminent danger or to repair damage.

(2) The customer is obliged, in accordance with §§ 555b ff. BGB (German Civil Code) to tolerate modernization measures that serve to save final energy or primary energy, promote climate protection, sustainably reduce water consumption, sustainably increase the utility value of the rented property, permanently improve the general living conditions or create new living space. § Section 12 Subletting Subletting is only permitted with the written consent of the landlord.

§13 Termination of the contractual relationship

(1) The customer is obliged to leave the apartment swept clean at the end of the contract by 10:00 a.m. at the latest and to return all rented equipment, appliances and keys, including those procured by the customer. If the customer has not vacated the apartment by 10:00 a.m. at the latest, the landlord is entitled to pack and deposit the customer's personal belongings without accepting liability for damage to these items, unless the damage results from intentional or grossly negligent actions on the part of the landlord or his vicarious agents. This occurs if the customer cannot be reached by telephone or via his booking portal.

(2) The customer is obliged to take all items he has brought with him on the day of his departure. In addition, the customer must remove and properly dispose of any unused food and garbage that he/she has caused.

(3) The customer is obliged to compensate the rental company in full for any damage to the furnishings caused by his fault or the loss of furnishings, without deduction of a "new for old" value.

(4) Contrary to the provision in § 545 BGB, the continued use of the rented property by the tenant after expiry of the rental period does not lead to an indefinite extension of the tenancy.

(5) If the customer loses keys that have been handed out or procured himself, the landlord is entitled to make new keys at the customer's expense or, if necessary, to replace the locks or locking systems and provide them with the necessary number of keys.

§ 14 Final provisions

(1) The law of the Federal Republic of Germany shall apply, whereby international private law and the UN Convention on Contracts for the International Sale of Goods are excluded, unless the customer is a consumer.

(2) The Lessor may unilaterally amend the General Terms and Conditions if this is necessary in order to react to changes in the legal or technical framework or to remedy imbalances. Customers will be informed of changes by e-mail and can object in writing within 4 weeks. Without objection within this period, the new terms and conditions shall be deemed accepted.

(3) Customer terms and conditions that contradict or extend these GTC are invalid without the express written consent of the lessor.

(4) Irrespective of the location of the apartments, the local court of Mainz, Diether-von-Isenburg-Straße, 55116 Mainz is the place of jurisdiction, provided that the customer is not a consumer.