General Terms and Conditions

– for the rental of vacation apartments by André and Anna Lena Held Immobilien GbR –

1. scope of application, provider

(1) These General Terms and Conditions (hereinafter referred to as “GTC”) contain the terms and conditions applicable between the hirer (hereinafter referred to as “hirer” or “you”) and André und Anna Lena Held Immobilien GbR
Artur-Landgraf-Straße 65
96049 Bamberg
Germany (hereinafter referred to as “lessor” or “we” or “us”) for the rental of houseboats, as well as all deliveries and services provided by the lessor in connection therewith.

(2) Any terms and conditions of the customer that deviate from and/or go beyond these terms and conditions shall not become part of the contract.

2. distinction between entrepreneurs and consumers

(1) Some provisions of these GTC do not apply to all customers, but only to consumers or only to entrepreneurs. Where this is the case, it is specifically indicated at the relevant point in these GTC.

(2) “Consumer” within the meaning of these GTC is, in accordance with the legal definition in Section 13 of the German Civil Code, any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.

(3) “Entrepreneurs” within the meaning of these GTC are natural and legal persons or partnerships with legal capacity who enter into a business relationship with us in the exercise of their commercial or independent professional activity in accordance with the legal definition in Section 14 of the German Civil Code.

3. conclusion of contract

The contract with us can be concluded by means of individual communication (e-mail, fax, telephone, in person, etc.) or via our website. If the contract is concluded via the website, the following applies:

(1) When ordering on our website, the contract is concluded as follows:
Only when you order the service is a binding offer to conclude a corresponding contract. To place the order, go through the order process on the website and enter the information requested there. Before sending the order, you have the opportunity to check all the order details again and correct them if necessary. Only when you send the order do you submit a binding offer to us to conclude a contract.

We can process your offer within five days by

– Sending an order confirmation by post, fax or e-mail,

– or request for payment

The time of receipt of our order confirmation or request for payment by you is decisive for compliance with the deadline.

(2) The contractual language is German.

4. storage of the contractual provisions

When orders are placed on our website, we save the contractual provisions, i.e. the order data and these GTC. You can print or save the contractual provisions by using the usual functions of your browser (usually “Print” or “File” > “Save as”). The order data is contained in the order overview, which is displayed in the last step of the order. The contractual provisions, including the General Terms and Conditions, are also contained in the order confirmation email that we send you if your order is accepted.

5. benefits

Our services are regulated in the offer documents and/or in the service description on the website.

6. maximum occupancy

The number of persons specified for each of our vacation apartments may not be exceeded without our prior consent.

7 Special obligations of the tenant

(1) Bringing pets is only permitted with our separate consent.

(2) Smoking is not permitted in the rooms.

8 Prices and terms of payment

(1) The tenant is obliged to pay the agreed prices for the vacation apartment and the services used by him.

(2) The prices include the applicable value added tax. Price changes are permissible if the lessee is an entrepreneur and there are more than four months between the conclusion and fulfillment of the contract and the price generally charged by us for such services increases. The tenant is only entitled to withdraw from the contract if the price increase is more than 5%.

(3) We are entitled to demand an appropriate security deposit upon conclusion of the contract or thereafter.

9. arrival and departure

(1) The vacation apartment is available to the tenant on the agreed day of arrival at the time communicated in advance. There is no entitlement to earlier availability than stated in advance.

(2) On the agreed day of departure, the vacation apartment must be vacated and made available to the landlord by 10.00 a.m. at the latest. After this time, the landlord may charge the daily rental price for the additional use of the vacation apartment until 6 p.m. in addition to the damage incurred by him as a result, and 90% of the full valid accommodation price from 6 p.m. onwards. The tenant is at liberty to prove to the landlord that the latter has incurred no or significantly less damage.

10. subletting and re-letting

The subletting and re-letting of the booked vacation apartment to third parties requires our consent. The following applies only in the case of subletting (but not in the case of subletting): If we refuse permission, you can terminate the contract extraordinarily with the statutory notice period, unless there is an important reason in the person of the third party to whom you wish to let the vacation apartment.

11. withdrawal of the tenant/cancellation, interruption, no-show

(1) The tenant may withdraw from the contract at any time.

(2) In the event of premature termination/non-appearance of the trip, the full rent will nevertheless be charged.

(3) If the tenant does not make use of the booked vacation apartment or booked services due to his withdrawal or for other reasons, we are entitled to reasonable compensation. This amounts to 50% of the contractually agreed price from 30 days before arrival. The tenant is at liberty to prove that we have suffered no loss or a lower loss.

12. no right of withdrawal

According to Section 312g (2) No. 9 BGB, there is no right of withdrawal for contracts for the provision of services in the areas of accommodation for purposes other than residential purposes, transportation of goods, vehicle rental, delivery of food and beverages and the provision of other services in connection with leisure activities if the contract provides for a specific date or period for the provision. As we only allow bookings of our vacation apartments by appointment, there is therefore no right of withdrawal.

13. withdrawal by the landlord

(1) If the tenant has been granted a free right of withdrawal in accordance with Section 8 (2), the landlord is also entitled to withdraw from the contract within the agreed period if there are inquiries from other interested parties about the booked vacation apartment and the tenant does not waive his free right of withdrawal in accordance with Section 8 (2) upon inquiry by the landlord.

(2) We are entitled to withdraw from the contract for good cause. Without prejudice to other reasons, good cause shall be deemed to exist in particular if

– force majeure or other circumstances for which the lessor is not responsible make it impossible to fulfill the contract,

– the vacation apartment was booked with false or erroneous information about the person or the purpose of the booking,

– reasonable grounds arise or become known for the assumption that the execution of the contract may endanger the safety or public reputation of the lessor without this being attributable to the lessor’s sphere of control or organization.

– we learn of circumstances that suggest a deterioration in the tenant’s financial circumstances, in particular if the tenant does not settle our due claims,

– the tenant has filed an application for insolvency over his assets or has submitted a statement of assets in accordance with § 802c ZPO or 807 ZPO or insolvency proceedings have been opened over his assets or the opening has been rejected for lack of assets.

In the aforementioned cases, the tenant shall arrange alternative accommodation independently and at his own expense. The tenant is not entitled to any further claims for damages.

14. liability

(1) We shall only be liable for defects that were already present when the vacation apartment was handed over to the tenant if we are responsible for these defects. This does not apply to injury to life, limb or health.

(2) Our liability for damages, regardless of the legal grounds, is limited to intent and gross negligence. This shall not apply in the event of injury to life, limb or health; in this respect, liability shall also extend to damage caused by negligence. In the event of damage to property and financial loss caused by negligence, we shall only be liable in the event of a breach of a material contractual obligation, but limited in amount to the damage foreseeable and typical of the contract at the time of conclusion of the contract; material contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely. The above exclusions and limitations of liability shall also apply mutatis mutandis in favor of our vicarious agents. Liability due to the assumption of a guarantee or under the Product Liability Act remains unaffected by the above exclusions and limitations of liability.

15. form of declarations

Legally relevant declarations and notifications that the tenant must submit to us or third parties must at least be in text form.

16 Choice of law, place of jurisdiction

(1) German law shall apply exclusively. This choice of law shall only apply to a consumer insofar as it does not restrict any mandatory statutory provisions of the country in which the consumer is domiciled or habitually resident.

(2) The place of jurisdiction for transactions with merchants, legal entities under public law, special funds under public law or natural persons is the registered office of our company. However, we are entitled, at our discretion, to sue at the customer’s place of business.