Terms of Service
GENERAL TERMS & RENTAL CONDITIONS FOR HOLIDAY APARTMENTS AT HEINSHOF (CONDITIONS)
- Validity of conditions
These General Terms and Conditions shall apply to contracts for the rental of apartments for accommodation as well as all other services and deliveries provided by Heinshof GbR, represented by Linda Naeve and Patrick Haht, Im Sahrendorf 13, 21272 Egestorf. The services of Heinshof GbR are exclusively based on these general terms and conditions.
Sub-renting as well as their use for other than residential purposes require the prior written consent of Heinshof GbR.
Any terms and conditions of the guest are only applicable if they have been previously agreed in writing. Deviations from these conditions are only effective if Heinshof GbR has expressly confirmed them in writing.
The lease agreement on the holiday apartment requested by the guest comes about when Heinshof GbR confirms the booking request by telephone or in writing by letter mail, e-mail and / or fax and thus accepts the booking.
The contracting parties are Heinshof GbR and the guest. If a third party has made an order for the guest, he is liable to Heinshof GbR together with the guest as jointly and severally responsible for all obligations from the closed accommodation agreement.
The guest is obligated to check the booking confirmation for it’s correctness. If the booking confirmation deviates from the booking request and if the guest does not immediately raise objections, the content of the booking confirmation shall be deemed to be contractually agreed.
The apartment is rented to the guest exclusively for residential purposes for the specified period of the contract and may only be occupied with the maximum number of persons indicated in the respective offer.
- Rent and additional costs
The guest is obliged to pay the prices of Heinshof GbR agreed for the holiday apartment and the additional services used by him.
The agreed rental price includes all flat-rate charges (for example, electricity, heating, water). If the contracting parties have explicitly agreed to a consumption-dependent billing or supplementary service (eg bread rolls, drinks, snacks, sauna use), the use of which is free to the guest, these additional costs will be charged separately. If a down payment of the total price has been agreed, this is due at the conclusion of the contract. The remaining payment is to be paid to Heinshof GbR at least four weeks before the agreed arrival. All prices include VAT. The guest can only set off against a claim of Heinshof GbR with an undisputed or legally binding claim.
If the contracting parties have agreed a deposit, the guest pays to Heinshof GbR a security for each abandoned apartment in the amount of € 150, -. The deposit is to be paid at the beginning of the rental period and is not interest-bearing. It will be refunded to the guest no later than 14 days after the end of the rental period.
- Rental period / Inventory list
Heinshof GbR provides to the guest the booked holiday apartment on the day of arrival from 3 pm in the contractual condition. Should the guest arrive after 6 pm, the guest will inform Heinshof GbR.
The guest is advised to check immediately after arrival the inventory list in the apartment and to notify Heinshof GbR of any failures at the latest on the day following the arrival.
For the duration of the rental of the apartment, the guest is obligated to keep windows (except tilted) and doors closed when leaving the apartment, to control all radiators to low level, and to switch off the light and technical equipment. Heinshof GbR has a right of access to the apartment at any time, especially in case of danger. The right of the guest to protect the guest’s privacy must be adequately taken into account when exercising the right of access. Heinshof GbR shall inform the guest in advance of the exercise of the right of access, unless this is not reasonable or impossible according to the circumstances of the individual case. On the day of departure the guest of Heinshof GbR will leave the apartment at 10.30 am at the latest. In agreement with the Heinshof GbR, the transferor may also take place at a later time.
- Cancellation by the guest
The guest can withdraw from the rental agreement by writing a written declaration to Heinshof GbR before the start of the rental period. The date of receipt of the withdrawal declaration at Heinshof GbR shall be decisive.
If the guest withdraws from the rental agreement, he shall pay a lump sum compensation for the expenses already incurred by Heinshof GbR and the lost profits in the following amount:
up to 30 days before arrival 20% of the agreed rental price
29 to 15 days before arrival 35% of the agreed rental price
14 to 7 days prior to arrival 50% of the agreed rental price
thereafter and in case of non-compliance 80%
The guest reserves the right to prove that no damage or a significantly lower loss has been incurred by Heinshof GbR.
The guest may, upon withdrawal from the contract, appoint a substitute guest who is willing to enter into the existing contract relationship in his place. Heinshof GbR may object to the entry of the third party, if this is economically or personally unreliable and / or not suitable.
If a third party enters into the lease, he and the former guest of Heinshof GbR are jointly and severally liable for the rent and the extra costs incurred by the third party.
Heinshof GbR shall, in good faith try to have the accommodation rented otherwise, and has to credit the savings to the cancellation fees.
- Termination by Heinshof GbR
Heinshof GbR may terminate the contractual relationship before or after the beginning of the rental period without observing a deadline if the guest does not make the agreed payments (down payment, final payment and deposit) in time or otherwise behaves in a manner contrary to the contract, that for Heinshof GbR a continuation of the contractual relationship is unreasonable. In this case, Heinshof GbR may demand compensation from the guest for expenses incurred up to termination and loss of profit.
- Exceptional circumstances
The lease can be terminated by both parties if the fulfillment of the contract becomes considerably more difficult, endangered or impaired due to unforeseeable force majeure. Provided that the abovementioned conditions are met, both contracting parties shall be released from their contractual obligations. However, the parties have to reimburse the services already provided.
- Obligation of guests
- Legal responsibility
Claims of the guest for damages are excluded. This does not apply to claims for damages by the guest resulting from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by Heinshof GbR, its legal representatives or vicarious agents based. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
In the event of a breach of essential contractual obligations, Heinshof GbR shall only be liable for the foreseeable damage which is typical for the contract, if this is simply caused by negligence, unless the damage claims of the guest result from an injury to life, body or health.
The limitations of paragraphs (1) and (2) shall also apply to the legal representatives and vicarious agents of Heinshof GbR, if claims are directly asserted against them.
Heinshof GbR is not liable for the guests’ ins and outs of the guest. Liability of Heinshof GbR pursuant to Sections 701 ff. BGB is expressly excluded. This is expressly also valid for valuables, which the guest keeps in the apartment or leaves behind.
The provisions of the Product Liability Act (Produkthaftungsgesetz) remain unaffected.
- Travelling with small animals
Animals, especially dogs, cats and the like may only be kept or temporarily kept in the apartment for an extra fee if expressly authorized by Heinshof GbR. The license is valid only for the individual case. It can be revoked if inconveniences occur. The guest is liable for all damage caused by the animal husbandry.
- Data protection
Heinshof GbR collects, processes and uses personal and company-related data of the guest (“personal data”) as part of the processing of contracts via the Internet. Heinshof GbR respects the regulations of the German data protection laws and the Telemediengesetz. Without the guest’s consent, Heinshof GbR will only collect, process or use personal and company-related data as far as is necessary for the execution of the contractual relationship. Without the consent of the guest, Heinshof GbR will not use personal data for purposes of advertising, market or opinion research. The guest has – as far as relevant – the possibility to request information about the data stored on his / her person at any time and to change this data. For more information on privacy, see the Privacy Statement.
- Writing requirement
The German version of the conditions shall be valid. Amendments and additions to these General Terms and Conditions require written form for their effectiveness. This also applies to the amendment of this requirement for written form.
- Jurisdiction, Applicable Law, Severance Clause