Table of contents

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

1) Scope

1.1 These general terms and conditions (hereinafter “Terms and Conditions”) of Stefan and Elke Bürgelin GbR (hereinafter “landlord”) apply to all rental contracts that a consumer or entrepreneur (hereinafter “tenant”) concludes with the landlord with regard to the rental property shown on the landlord’s website. The inclusion of the tenant’s own conditions is hereby contradicted, unless otherwise agreed.

1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity. An entrepreneur within the meaning of these General 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 property described on the landlord’s website does not represent a binding offer on the part of the landlord, but rather serves 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 on the button that completes the booking process, the tenant submits a legally binding contract offer with regard to the rental property. The tenant can also submit the offer to the landlord by email.

2.3 The landlord can 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 email), whereby the receipt of the booking confirmation by the tenant is decisive, or
• by asking the tenant to pay after booking.

If several of the aforementioned alternatives are present, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the tenant sends the offer and ends at the end 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 considered a rejection of the offer with the result 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. e-mail, fax or letter) after sending the tenant’s 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 has several opportunities to correct his entries. In addition, all entries are displayed again in a confirmation window before the binding booking and can be corrected again.

2.6 The contract is concluded in German.

2.7 Booking processing and contact usually take place via email and automated booking processing. The tenant must ensure that the email address he provided to process the booking 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

A right of withdrawal does not apply to 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 home shown in the respective property description on the landlord’s website with the rooms and furnishings specified there in the location described in more detail there.

5) Arrival and departure times, key collection

5.1 Arrival and departure times can be found in the property description on the landlord’s website. Different arrival and departure times can be agreed individually with the landlord, in the case of early arrival or late departure, if necessary for an additional payment.

5.2 Two keys 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 use of the rental property as well as for its maintenance and repair.

6.2 Additional costs for water, electricity, parking space and waste are not 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 must be paid in advance for the entire contract term unless otherwise agreed.

6.5 To pay the rent, the tenant can choose between different payment methods, which are specified 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 him when concluding the rental agreement. The rental property may only be used for the contractually agreed purposes.

7.2 Without the landlord’s permission, the tenant is not entitled to allow use of the rental property to a third party, in particular to rent it to a third party or to allow third parties to stay overnight in the rental property without the landlord’s consent.

8) Obligations of the tenant

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 within the scope of what is reasonable for him. Furnishings may not be removed, altered or rendered unusable.

8.2 The tenant must keep the keys to the rental property carefully and hand them over to the landlord or a third party authorized by the landlord after the rental agreement has ended. If one or both keys are lost, the tenant must inform the landlord immediately and do their best to clarify the matter to the best of their knowledge.

9) Changes to the rental property

9.1 The landlord is entitled to make changes to the rental property if these serve to preserve it. Improvement measures may only be carried out during the rental if they are reasonable for the tenant and if this does not affect the contractual use of the rental property. The landlord must inform the tenant of any appropriate 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 Changes and additions to the rental property by the tenant require the prior consent of the landlord. When returning the rental property, the tenant will restore the original condition at the landlord’s request.

10) The landlord’s obligation to maintain the property, the tenant’s rights in the event of defects

10.1 The landlord is obliged to maintain the rental property in a condition suitable for use in accordance with the contract 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.

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

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

10.4 Termination by the tenant in accordance with Section 543 Paragraph 2 Sentence 1 No. 1 BGB due to failure to grant the contractual use 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 chances 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 the tenant makes or has changes made to the rental property without the landlord’s consent, unless the tenant proves that the changes do not have an unreasonable impact on the analysis and elimination of the defect for the landlord. The tenant’s rights due to defects remain unaffected provided that the tenant is entitled to make changes, in particular within the scope of exercising the right of self-removal in accordance with Section 536a Paragraph 2 of the German Civil Code (BGB), and these have been carried out professionally and documented in a comprehensible manner.

11) Contractual right of withdrawal

11.1 Before the start of the rental period, the tenant can withdraw from the contract at any time by submitting a written declaration to the landlord. If the tenant exercises his right of withdrawal, he is obliged to pay the following compensation to the landlord:

• If you cancel up to the 30th day before the start of the rental period, 20% of the total rent,
• 29th – 22nd day before the start of the rental period 25% of the total rent,
• 21st – 15th day before the start of the rental period 40% of the total rent,
• 14th – 7th day before the start of the rental period 50% of the total rent,
• from the 6th day before the start of the rental period 65% of the total rent,
• on the day before the start of the rental period 80% of the total rent.

11.2 The decisive factor for the running of the deadlines is the receipt of the cancellation notice by the landlord.

11.3 However, the tenant is permitted to prove that a claim for compensation did not arise at all or that the compensation was significantly lower than the flat rate.

12) Liability

12.1 The landlord’s liability regardless of fault in accordance with Section 536a Paragraph 1 of the German Civil Code (BGB) due to defects that were already present 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 statutory, including tortious claims for damages and reimbursement of expenses as follows:

12.2.1 The landlord is liable without restriction for any legal reason

• in the event of intent or gross negligence,
• in the event of intentional or negligent injury to life, body or health,
• based on a guarantee promise, unless otherwise regulated in this regard,
• due to mandatory liability such as under the Product Liability Act.

12.2.2 If the landlord negligently violates an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability is granted in accordance with the previous paragraph. Essential contractual obligations are obligations that the contract imposes on the landlord according to its content in order to achieve the purpose of the contract, the fulfillment of which enables the proper implementation of the contract in the first place and on whose compliance the tenant can regularly rely.

12.2.3 Otherwise, liability on the part of the landlord is excluded. In particular, the landlord is not liable for the tenants’ valuables.

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

13) Contract term, termination of the rental agreement

13.1 The rental agreement is concluded for a limited period and ends automatically when the agreed rental period expires. The rental period will be communicated to the tenant on the landlord’s website.

13.2 The rent begins when the rental property is handed over to the tenant.

13.3 The tenant’s right to extraordinary termination in accordance with Section 543 Paragraph 2 Sentence 1 No. 1 BGB due to non-granting of the contractual use as well as the right of each party to extraordinary termination for good cause remains unaffected.

13.4 To be effective, the termination must be in text form (e.g. email).

14) Vacation 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 designated containers, dishes must be stored clean and washed in the kitchen cupboards.

14.2 The tenant must reimburse the costs of restoration in the event of 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 exceedance. The landlord expressly reserves the right to assert damages that go beyond this.

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 country in which the consumer has his or her habitual residence.

16) Alternative Dispute Resolution

16.1 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 purchase or service contracts in which a consumer is involved.

16.2 The landlord is neither obliged nor willing to take part in a dispute resolution procedure before a consumer arbitration board.