Terms and Conditions

GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION

1. Scope
2. Conclusion of contract
3. Right of withdrawal for consumers
4. Rental property
5. Arrival and departure times, key handover
6. Rent and payment terms
7. Use of the rental property, transfer of use to third parties
8. Tenant's Obligations
9. Changes to the rental property
10. Landlord’s obligation to maintain, tenant’s rights in case of defects
11. Contractual right of withdrawal
12. Liability
13. Contract term, termination of the tenancy
14. Evacuation of the rental property
15. Applicable Law
16. Place of jurisdiction
17. Alternative dispute resolution

1) Scope
1.1 These general terms and conditions (hereinafter "GTC") of Urlaubsmagie UG (limited liability) (hereinafter "landlord") apply to all rental agreements that a consumer or entrepreneur (hereinafter "tenant") concludes with the landlord with regard to the rental properties shown on the landlord's website. The inclusion of the tenant's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity. An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of contract
2.1 The rental properties described on the landlord's website do not represent binding offers on the part of the landlord, but serve to make a binding offer to conclude a rental agreement by the tenant.

2.2 The tenant can submit the offer using the online booking form integrated into the landlord's website. By clicking the button that completes the booking process, the tenant submits a legally binding contractual offer in relation to the selected rental property. The tenant can also submit the offer to the seller by telephone.

2.3 The landlord may accept the tenant’s offer within five days,

by sending the tenant a written booking confirmation or a booking confirmation in text form (fax or e-mail), whereby the receipt of the booking confirmation by the tenant is decisive, or
by requesting payment from the tenant after booking.
If several of the aforementioned alternatives apply, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the tenant and ends on the expiry of the fifth day following the sending of the offer. If the landlord does not accept the tenant's offer within the aforementioned period, this is deemed to be a rejection of the offer, with the consequence that the tenant is no longer bound by his declaration of intent.

2.4 When submitting an offer via the landlord's online booking form, the contract text is saved by the landlord after the contract has been concluded and sent to the tenant in text form (e.g. email, fax or letter) after the tenant has sent the contract declaration. The landlord will not make the contract text available beyond this.

2.5 Before making a binding booking using the landlord's online booking form, the tenant can correct his entries at any time using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding booking and can also be corrected there using the usual keyboard and mouse functions.

2.6 The German language is available for the conclusion of the contract.

2.7 Bookings are usually processed and contact is made via email and automated booking processing. The tenant must ensure that the email address provided for booking processing is correct so that emails sent by the landlord can be received at this address. In particular, when using SPAM filters, the tenant must ensure that all emails sent by the landlord or by third parties commissioned by the landlord to process the booking can be delivered.

3) Right of withdrawal for consumers
There is no right of withdrawal for contracts for the provision of accommodation services for purposes other than residential purposes, if the contract provides for a specific date or period for the provision.

4) Rental property
The rental property is the holiday apartment or holiday home shown in the respective property description on the landlord's website, with the rooms and furnishings described in more detail therein, in the location described in more detail therein.

5) Arrival and departure times, key handover
5.1 Arrival and departure times can be seen in the respective property description on the landlord's website. Different arrival and departure times can be agreed individually with the landlord, possibly for an additional charge in the event of early arrival or late departure.

5.2 The key to the rental property will be handed over to the tenant upon arrival by the landlord or a third party authorized by the landlord at the location previously agreed with the landlord.

6) Rent and payment terms
6.1 The rent includes the remuneration for the provision of the rental property as well as for its maintenance and repair.

6.2 Additional costs for water, electricity, parking space and waste will not be charged separately.

6.3 Adjustments and/or changes to the rental property made at the request of the tenant must be paid for separately, unless they are necessary for the maintenance or repair of the rental property or to ensure its contractual use.

6.4 The rent is to be paid in advance for the entire term of the contract, unless otherwise agreed.

6.5 To pay the rent, the tenant can choose between different payment methods, which are indicated on the landlord’s website.

7) Use of the rental property, transfer of use to third parties
7.1 The rental property is provided for the exclusive use of the tenant and the roommates named by the tenant when concluding the rental agreement. The rental property may only be used for the purposes agreed in the contract.

7.2 The tenant is not entitled to allow a third party to use the rental property without the permission of the landlord, in particular to rent it to a third party.

8) Tenant's obligations
8.1 The tenant must treat the rental property with care and protect it from damage. He will follow the landlord's maintenance, care and usage instructions as far as is reasonable. Furnishings may not be removed, altered or rendered unusable.

8.2 The tenant must keep the key to the rental property safe and return it to the landlord or a third party authorized by the landlord after the end of the rental agreement. If the key is lost, the tenant must inform the landlord immediately and cooperate to the best of his knowledge in clarifying the matter.

9) Changes to the rental property
9.1 The landlord is entitled to make changes to the rental property provided that these serve to maintain it. Improvement measures may only be carried out if they are reasonable for the tenant and do not affect the contractual use of the rental property. The landlord must inform the tenant of any such measures in good time in advance. If the tenant incurs expenses as a result of these measures, these must be reimbursed by the landlord.

9.2 Any changes or additions to the rental property made by the tenant require the prior consent of the landlord. When returning the rental property, the tenant must restore it to its original condition at the landlord's request.

10) Landlord’s obligation to maintain, tenant’s rights in case of defects
10.1 The landlord is obliged to maintain the rental property in a condition suitable for contractual use for the duration of the rental period and to carry out the necessary maintenance and repair work. The corresponding measures are carried out at regular maintenance intervals and when defects, malfunctions or damage occur. The landlord must be granted the necessary access to the rental property for this purpose.

10.2 The tenant must immediately notify the landlord of any defects, malfunctions or damage that occur.

10.3 Defects will be remedied by repairing or improving the rental property free of charge. The landlord must be given a reasonable period of time to do this. With the tenant's consent, the landlord can replace individual components of the rental property for the purpose of remedying the defects. The tenant will not unreasonably refuse to consent to this.

10.4 Termination by the tenant pursuant to Section 543 Paragraph 2 Sentence 1 No. 1 of the German Civil Code (BGB) due to failure to grant use in accordance with the contract is only permissible if the landlord has been given sufficient opportunity to remedy the defect and this has failed. Failure to remedy the defect can only be assumed if this is impossible, if it is refused by the landlord or unreasonably delayed, if there are reasonable doubts about the prospects of success or if it is unreasonable for the tenant for other reasons.

10.5 The tenant's rights due to defects are excluded if he makes or has made changes to the rental property without the landlord's consent, unless the tenant proves that the changes do not have an unreasonable impact on the landlord's analysis and elimination of the defect. The tenant's rights due to defects remain unaffected if the tenant is entitled to make changes, in particular within the scope of exercising the right to self-remedy in accordance with Section 536a Paragraph 2 of the German Civil Code, and if these have been carried out professionally and documented in a comprehensible manner.

11) Contractual right of withdrawal
The landlord grants the tenant the right to cancel his booking free of charge in accordance with the following provisions (contractual right of withdrawal):

The tenant can cancel his booking up to 4 days before the start of the rental period without giving reasons by submitting a declaration to the landlord in text form (e.g. email). The receipt of the declaration by the landlord is decisive for compliance with the cancellation deadline. If the tenant cancels his booking on time, the landlord will fully refund any rent already paid within a period of two weeks from receipt of his declaration. The landlord can use the same means of payment that the tenant used to pay the landlord.

12) Liability
12.1 The landlord’s strict liability according to Section 536a Paragraph 1 of the German Civil Code (BGB) for defects that already existed at the time the contract was concluded is excluded.

12.2 Furthermore, the landlord is liable to the tenant for all contractual, quasi-contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:

12.2.1 The landlord is liable without limitation for any legal reason

in case of intent or gross negligence,
in the event of intentional or negligent injury to life, body or health,
due to a guarantee promise, unless otherwise provided,
due to mandatory liability such as under the Product Liability Act.
12.2.2 If the lessor negligently breaches a material contractual obligation, liability is limited to the damage that is typical for the contract and foreseeable, unless unlimited liability applies in accordance with the above paragraph. Material contractual obligations are obligations that the contract imposes on the seller in accordance with its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer can regularly rely.

12.2.3 Otherwise, the landlord’s liability is excluded.

12.2.4 The above liability provisions also apply with regard to the liability of the landlord for his vicarious agents and legal representatives.

13) Contract term, termination of the tenancy
13.1 The rental agreement is concluded for a limited period and ends automatically at the end of the agreed rental period. The rental period will be communicated to the tenant on the landlord's website.

13.2 The rental period begins with the handover of the rental property to the tenant.

13.3 The tenant's right to extraordinary termination pursuant to Section 543 Paragraph 2 Sentence 1 No. 1 of the German Civil Code (BGB) due to non-provision of contractual use as well as the right of each party to extraordinary termination for good cause remains unaffected.

13.4 In order to be effective, termination must be in text form (e.g. email).

14) Evacuation of the rental property
14.1 Upon termination of the contractual relationship, the tenant must leave the rental property in a proper condition. The tenant's personal belongings must be removed, household waste must be disposed of in the containers provided, and dishes must be clean and washed and stored in the kitchen cupboards.

14.2 The tenant shall reimburse the costs of repairing any damage or defects to the rental property and/or its inventory for which he is responsible.

14.3 If the agreed rental period is exceeded, the tenant is obliged to pay the landlord an amount corresponding to the agreed rent for each day of the excess. The landlord expressly reserves the right to assert any further damages.

15) Applicable law
The law of the Federal Republic of Germany applies to all legal relationships between the parties. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his or her habitual residence.

16) Place of jurisdiction
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to take legal action before the court at the customer's place of business.

17) Alternative dispute resolution
17.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.

17.2 The landlord is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.