Terms and Conditions for the Feldberger Hof Holiday Apartment

I. Scope of Application

1. These terms and conditions apply to contracts for the rental of holiday apartments for accommodation purposes, as well as to all services and deliveries provided by the landlord to the customer.
2. The subletting or further letting of the holiday apartment provided, as well as its use for purposes other than accommodation, require the prior written consent of the landlord. Section 540(1)(2) of the German Civil Code (BGB) is waived insofar as the customer is not a consumer.
3. The customer’s terms and conditions shall only apply if they have been agreed upon in writing beforehand.

II. Conclusion of Contract, Contracting Parties; Limitation Period

1. With the booking, which can be made online, verbally, by telephone, by May or by fax, the customer makes a binding offer to conclude a rental contract for the holiday flat. The rental agreement is concluded with the landlord's written booking confirmation.
2. The contracting parties are the landlord and the customer. If a third party has made the booking on behalf of the customer, they are jointly liable to the customer for all obligations arising from the holiday apartment contract, provided the landlord has received a corresponding declaration from the third party.
3. All claims against the landlord generally become time-barred one year from the start of the regular limitation period dependent on knowledge.
For all other claims by the customer, the limitation period is 6 months. The foregoing does not apply in cases where the landlord is liable for damages arising from injury to life, limb or health or for other damages based on intentional or grossly negligent breach of duty by the landlord, its legal representatives or agents; in such cases, the statutory limitation periods apply.

III. Vouchers and Mailings

1. Vouchers issued and sent by the partner hotel Feldberger Hof Banhardt GmbH can only be redeemed in the holiday flats on the Feldberg as described on the vouchers. Vouchers cannot be combined with other vouchers or discount campaigns unless this is expressly stated on the vouchers. Only one voucher can be redeemed per guest and stay. A cash payment of vouchers is generally excluded.
2. Vouchers are subject to a statutory validity period of three years. After this period, the voucher expires and the customer has no right to redemption.

IV. Services, Prices, Payment, Offsetting

1. The landlord is obliged to provide the holiday apartment booked by the customer and to deliver the agreed service. The agreed service is exclusively determined by the service confirmed in the booking confirmation by the landlord.
2. To ensure compliance with official requirements for general preventive measures, the landlord may unilaterally change the contractually agreed services at any time. This includes, in particular, regulations on wearing protective clothing in public areas, changes to or possible cancellation of service offerings, and restrictions on the use of hotel infrastructure. The landlord must prove to the customer, upon request, that the unilateral changes to the contractually agreed services are necessary to comply with official requirements for general preventive measures. Unilateral changes to the agreed service by the landlord do not affect the price agreed upon in the booking confirmation.
3. The customer agrees to adhere to reasonable usage rules and restrictions on any additional services and, in the event of symptoms of illness, to immediately notify the reception/management of the partner hotel Feldberger Hof Banhardt GmbH.
4. The customer is obliged to pay the landlord’s applicable or agreed prices for the provision of the apartment and any additional services used by the customer. This also applies to services and expenses incurred by the landlord for third parties at the customer’s request. The same applies to services and expenses incurred by the partner hotel Feldberger Hof Banhardt GmbH at the customer’s request.
5. The prices agreed upon in the booking confirmation include the statutory VAT applicable at the time of booking. If the statutory VAT is increased between the time of booking and the start of the trip, the travel price will increase accordingly. If the statutory VAT is reduced between the time of booking and the start of the trip, the travel price will not decrease.
6. If the period between the conclusion of the contract and the fulfilment of the contract exceeds 4 months and the general price charged by the landlord for such services increases, the landlord may increase the contractually agreed price appropriately, but by no more than 10%, provided that the price increase is based on the fact that the maintenance costs necessary to operate the holiday apartments in Feldberg have increased in the last 4 months after the booking. The increase may only be made in proportion to the increase in maintenance costs necessary for the holiday apartment.
7. The contractually agreed prices may also be changed by the landlord if the customer subsequently wishes to change the number of booked holiday apartments, the number of guests or the length of stay, and the landlord agrees.
8. A tourist tax is payable for the stay, which is charged by the municipality of Feldberg per night and per adult guest or per child aged 6 to 15. The tourist tax may change according to the municipality’s guidelines and must be paid by the guest at the rate in effect at the time.
9. Invoices from the landlord are payable immediately upon receipt without deduction. The landlord is entitled to demand payment of accrued claims at any time and to request immediate payment. In the event of default in payment, the landlord is entitled to charge default interest in accordance with Section 288 BGB. The assertion of further damages remains reserved.
10. The landlord is entitled, at the time of concluding the contract or thereafter, considering the legal provisions for offers, to demand a reasonable advance payment or security deposit. The amount of the advance payment and the payment dates may be agreed upon in writing in the contract.
11. The customer may only offset or reduce a claim by the landlord with an undisputed or legally established claim.
12. For the first rebooking after a legally confirmed booking, a fee of €25 will be charged. For each additional rebooking, a fee of €50 will be charged. A prerequisite for any rebooking is the landlord’s consent.

V. Customer’s Right to Withdraw (i.e. Cancellation)

1. Withdrawal by the customer from the contract concluded with the landlord requires the landlord’s written consent. If this is not obtained, the agreed price from the contract must be paid even if the customer does not use the contractual services. This does not apply in cases where the landlord is in default of service or if it is impossible to provide the service and the landlord is responsible.
2. The customer has the right to withdraw from the contract with the landlord up to the 28th day (11:59 pm) before the arrival date without triggering payment or compensation claims by the landlord. The condition for this is that the withdrawal declaration reaches the landlord in text form by the 28th day before the arrival date.
3. A withdrawal less than 28 days before arrival leads to a chargeable cancellation: the landlord is entitled to a lump-sum compensation claim. The cancellation fee amounts to 90% of the total booking price. The customer is free to prove that no damage occurred or that the damage incurred by the landlord is lower than the demanded lump sum.
4. If the holiday apartment in the Feldberg holiday apartment complex is fully booked on individual days during the customer’s cancelled stay, the proportionate travel price for the fully booked days will not be charged to the customer and will be deducted from the aforementioned lump sum. Prerequisite: All holiday flats in the booked category must be fully booked..
5. If the customer is unable to start the booked trip due to an officially ordered general travel restriction (e.g. in the event of a border closure), the customer may cancel free of charge up to the day of arrival by providing proof of the travel restriction.
6. The landlord strongly recommends taking out travel cancellation insurance, including protection in case of early departure (can be taken out with any insurer).

VI. Landlord’s Right to Withdraw

1. If an agreed advance payment is not made even after a reasonable grace period set by the landlord with a refusal notice has passed, the landlord is entitled to withdraw from the contract.
2. Should the operation be closed for general preventive reasons by the authorities, no cancellation costs will be incurred by the customer.
3. The landlord is entitled to withdraw from the contract for a justifiable reason, for example if
a. force majeure or other circumstances for which the landlord is not responsible make it impossible to fulfil the contract.
b. apartments are booked under misleading or false information concerning essential facts, such as the identity of the customer or the purpose of the stay.
c. the landlord has justified reason to believe that the use of the services may endanger the smooth operation of the business, the health and safety of other guests or employees, or the safety or reputation of the landlord in public, without this being attributable to the landlord’s domain or organisational area.
d. In the event of a visible or known contagious illness (e.g. measles, gastrointestinal diseases), the guest is obliged to inform the landlord immediately and leave the accommodation immediately. If a traveller shows symptoms of a contagious illness, this must be reported immediately to the reception of the partner hotel Feldberger Hof.
4. The landlord is entitled to terminate the contract without notice and to expel the guest from the premises if the guest does not pay a due invoice or interim invoice by the due date or fails to provide the security required under Item 3 No. 6. The company’s lien under Section 704 BGB remains unaffected.
5. For online bookings, the landlord reserves the right to withdraw within 24 hours. The automatically generated booking confirmation from the online booking engine Vioma is not legally binding within this period.

VII. Non-Utilisation of the Booked Holiday Apartment

1. If the customer fails to arrive by 11:59 pm on the agreed day of arrival without providing any information, the landlord will automatically withdraw from the accommodation contract and may offer the holiday apartment to others. The agreed travel price according to the reservation confirmation is due immediately in full unless the holiday apartment booked by the guest can be rented out. In this case, the travel price will be reduced for each day of re-rental by the amount for which the landlord can re-rent the booked holiday apartment. Prerequisite: All holiday flats in the booked category must be fully booked.
2. The landlord must inform the customer of the duration of the re-rental and the rental price obtained upon request. The burden of proving that no re-rental occurred lies with the guest. Any misunderstandings by the customer regarding the agreed day of arrival are irrelevant if this is clearly stated in the booking confirmation.

VIII. House Rules / Compensation

1. The landlord reserves the right to exercise house rules at any time and without giving reasons, even after the contract has been concluded. The customer has no claim for compensation against the landlord, except in cases of intentional or grossly negligent behaviour by the landlord, its legal representatives or agents. This does not apply in cases of liability for damages arising from injury to life, limb or health.

IX. Payment – Advance Payment

1. An advance payment of up to 50% of the agreed price may be required for the reservation.
2. If the advance payments requested by the landlord are not made by the requested date, the company is immediately released from the agreements made.

X. Provision, Handover and Return of Apartments

1. Booked apartments are available to the customer from 4:00 pm on the agreed day of arrival. The customer has no right to earlier availability.
2. On the agreed day of departure, the apartments must be vacated and returned to the landlord by 10:00 am at the latest. After that, the landlord may charge 50% of the usual rental price for the apartment for additional use until 3:00 pm, and 100% for use after 3:00 pm. The customer is free to prove that the landlord incurred no or significantly lower damage.
3. In the event of a lost apartment key, a fee of €250 per lost key will be charged, as the lock must be completely replaced in the event of loss.

XI. Landlord’s Liability

1. The landlord is liable with the diligence of a prudent merchant for its obligations under the contract. Liability, insofar as it does not concern essential contractual obligations (cardinal obligations) in the typical area of service, is limited to damages caused by intent or gross negligence on the part of the landlord, its legal representatives or agents; this does not apply in cases of liability for damages arising from injury to life, limb or health. In the event of disruptions or defects, the landlord will endeavour to remedy them upon gaining knowledge thereof or upon the customer’s immediate complaint. The customer is obliged to contribute what is reasonable to eliminate the disruption and to keep any possible damage to a minimum.
2. The landlord is liable to the customer for items brought in according to the statutory provisions, up to one hundred times the apartment price, but no more than €3,000.00, and for money and valuables up to €750.00.
3. Money and valuables can be stored in the safe in the holiday apartment. It is recommended to use this option. The right to claim damages expires if the customer does not immediately notify the landlord after becoming aware of the loss, destruction or damage (Section 703 BGB). The right to claim damages also expires if the customer fails to keep the apartment or balcony door locked, allowing valuables to be easily stolen.
4. The landlord’s unlimited liability is governed by statutory provisions.
5. If a parking space is provided to the customer in the underground car park of the partner hotel Feldberger Hof or in hotel-owned parking, even against payment, this does not constitute a custody contract. The landlord is not liable for the loss of or damage to vehicles parked or manoeuvred on the hotel property or their contents, except in cases of intent or gross negligence. This also applies to agents of the partner hotel Feldberger Hof Banhardt GmbH.
6. Messages, post and goods for guests will be handled with care. The company undertakes to deliver, store and, upon request, forward them against payment. Claims for damages, except for gross negligence or intent, are excluded.
7. Smoking is strictly prohibited in all enclosed areas of the holiday apartments and the apartment complex. In the event of a violation, the landlord will charge a fee of €250.
8. The same applies to tampering with smoke detectors or the unauthorised opening of emergency doors. The landlord reserves the right to claim higher damages if, for example, the landlord is charged for a fire brigade call-out or if fire damage to the apartment property or the property of the apartment complex is caused by unauthorised smoking.
9. For safety reasons, the charging of bicycle batteries is not permitted in the entire holiday flat area, in particular in the holiday flat, stairwells, corridors and sanitary areas. We would like to point out that any damage caused by improper charging must be compensated by the customer and will be charged to the guest. Please contact reception to enquire about suitable charging facilities.

XII. Video Surveillance

1. For your own safety, the public areas of the partner hotel Feldberger Hof Banhardt GmbH are under video surveillance.

XIII. Final Provisions

1. Amendments or supplements to the contract, the acceptance of the application or these terms and conditions for the accommodation acceptance should be made in writing. Unilateral changes or supplements by the customer are invalid.
2. The place of performance and payment is the landlord’s place of business.
3. The exclusive place of jurisdiction for all disputes, including disputes concerning cheques and bills of exchange, is the landlord’s place of business if the contracting party is a merchant. If one of the contracting parties fulfils the requirements of Section 38(2) of the German Code of Civil Procedure (ZPO) and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the landlord’s place of business.
4. The correction of errors as well as printing and typing errors is reserved.
5. Oral agreements do not take precedence over these terms and conditions. The customer bears the burden of proof for oral agreements, provided these have not been confirmed in writing by the landlord.
6. German law applies. The application of the UN Sales Convention and the conflict of laws is excluded.
7. Should individual provisions of these terms and conditions for the accommodation acceptance be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.

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These terms and conditions come into effect on the date of publication.