GENERAL TERMS AND CONDITIONS

1. Scope of application

1.1 It is agreed between the accommodation provider "KLEINE BLEIBE" Owner: Fröhlich Hellmann GbR (hereinafter referred to as the accommodation provider) and the contractual partner (hereinafter referred to as the customer) that these general terms and conditions apply exclusively to all contracts and other services. Deviating, conflicting or supplementary agreements shall not become part of the contract, even if they are known, unless their validity is expressly agreed in writing.
1.2 Definition: Material contractual obligations are those obligations that protect the customer's legal positions which are material to the contract and which the contract must grant to the customer in accordance with its content and purpose; material contractual obligations are also those obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer has regularly relied and may rely.

2. Conclusion of contract

2.1 Offers contained in brochures, advertisements, etc. are always subject to change and non-binding. The customer's booking constitutes the offer.
2.2 The contract is concluded with the booking confirmation by e-mail from the accommodation provider.
2.3 All agreements made between the accommodation provider and the customer for the purpose of executing this contract must be made in writing.

3. Services

The booking confirmation alone is decisive for the scope of the services contractually owed by the accommodation provider.

4. Prices

4.1 The prices contained in the booking confirmation are final prices and include all additional costs, unless expressly agreed otherwise. Visitor's tax or tourist information as well as charges for services for which consumption-based billing is stated in the booking basis or agreed separately as well as for optional and additional services may be incurred and shown separately.
4.2 The prices include the statutory value added tax.
4.3 Upon conclusion of the contract, 50% of the agreed price shall be due for payment. Unless otherwise agreed, the deposit must be paid to the accommodation provider within 10 days of receipt of the booking confirmation. The accommodation provider shall be entitled to demand immediate payment from the customer upon utilization of the contractual services (arrival) or at a later date. The remaining amount (50%) must be transferred to the accommodation provider up to 2 weeks before arrival.
4.4 The accommodation provider is entitled to demand a reasonable deposit or security deposit from the customer upon conclusion of the contract in the form of a credit card guarantee, advance payment or similar.

5. Withdrawal of the customer (cancellation) / non-utilization of the services of the accommodation provider (no show)

5.1 The conclusion of the contract obliges both contracting parties to fulfill the contract, regardless of the duration of the contract.A unilateral, cost-free withdrawal by the customer from a binding booking is generally excluded.
5.2 A contractual right of withdrawal of the customer from the contract concluded with the accommodation provider requires an express written agreement between the customer and the accommodation provider. If a date for free withdrawal from the contract has been agreed in writing between the accommodation provider and the customer, the customer may withdraw from the contract up to this date without having to pay the agreed price. The customer's right of withdrawal shall expire if he does not exercise his right of withdrawal in writing vis-à-vis the accommodation provider by the agreed date. The date of receipt of the customer's declaration of withdrawal by the accommodation provider shall be decisive.
5.3 If the customer withdraws from the contract without such a right having been agreed in writing between the parties, the accommodation provider shall be entitled to the full remuneration, less what is saved as a result of the non-utilization of the service. The accommodation provider is entitled to make a lump sum deduction for the expenses saved.
The customer is free to prove that the accommodation provider has incurred no or significantly less damage.
5.4 If there is a withdrawal in accordance with clause 5.3, the accommodation provider may demand a flat-rate fee from the customer as follows:
Cancellation up to 60 days before the start of the service period: 100% of the agreed total price will be refunded.
Cancellation 59 - 14 days before the start of the service period: 50% of the agreed total price will not be refunded.
Cancellation 14 days before the start of the service period: 80% of the agreed total price will not be refunded.
5.5 Clauses 5.2 to 5.4 shall not apply in the event of a breach of the accommodation provider's obligation to take into account the rights, legal interests and interests of the customer if the customer can no longer reasonably be expected to adhere to the contract as a result.
5.6 The statutory rights of withdrawal shall remain unaffected by the above provisions.
5.7 In the event of non-arrival at the start of the rental period without notifying the accommodation provider, the claim to the entire reservation and repayment of payments already made shall lapse.
5.8 The customer is advised to take out travel cancellation insurance.

6. Withdrawal by the accommodation provider

6.1 If an agreed advance payment is not made even after a reasonable grace period set by the accommodation provider has expired, the accommodation provider shall also be entitled to withdraw from the contract.
6.2 If the withdrawal is made in accordance with the preceding clause, the accommodation provider shall be entitled to claim damages from the customer in accordance with the rules set out in clause 5.4. In the event of withdrawal up to 60 days before the start of the service period, there shall be no claim for damages.
6.3 Furthermore, the accommodation provider is entitled to withdraw from the contract for objectively justified reasons, this applies if:
6.3.1. force majeure or other circumstances for which the accommodation provider is not responsible make it impossible to fulfill the contract;
6.3.2. vacation homes are booked with misleading or false information regarding material facts, e.g. the person of the Customer or the purpose of their stay.

7. Rights and obligations of the customer

7.1 The customer is not entitled to transfer the vacation home(s) provided to him/her for use to a third party and, in particular, to sublet it/they. The customer is not entitled to use the vacation home(s) provided to him/her for purposes other than those contractually agreed.
7.2 The customer shall be liable for all damage to the rental property culpably caused by him. The customer shall also be liable for damage caused by visitors.
7.3 Animals are not permitted. In the event of non-compliance, the landlord may charge a cleaning fee of up to € 200.00 (net).
7.4 A general smoking ban applies throughout the accommodation facility. In the event of non-compliance, the landlord may charge a cleaning fee of up to € 200.00 (net).
7.5 From 10.00 p.m. to 6.00 a.m. the night's rest applies. During this time, special consideration must be given to neighbors. To avoid disturbance, audio equipment, for example, must be set to room volume.
7.6 Furthermore, the house rules of the accommodation provider must be observed. These can be found on site in the vacation home.
7.7 Internet use is permitted insofar as this does not violate the statutory provisions. Criminal acts (in particular illegal downloads or page views) will be reported and prosecuted. The tenant alone is liable for any unlawful use of the Internet.

8. Room provision, handover and return

8.1 Booked vacation home(s) shall be available to the customer from 15:00 on the agreed day of arrival. The customer is not entitled to earlier availability. Arrival after 22:00 can be arranged on request.
8.2 On the agreed day of departure, the vacation homes must be vacated by 11:00 a.m. at the latest; an extension of the stay on the day of departure is only possible by written agreement in advance. The vacation homes must be left swept clean; movable objects, e.g. kitchen utensils, must be returned clean to the place where they were found.

9. Liability of the accommodation provider

9.1 The accommodation provider shall only be liable for damages in the event of fault.
9.2 Fault-based liability shall be excluded unless damages resulting from injury to life, limb or health and/or other damages based on an intentional or grossly negligent breach of duty by the accommodation provider are asserted and/or damages based on an intentional or negligent breach of material contractual obligations by the accommodation provider are asserted. A breach of duty by a legal representative or vicarious agent shall be deemed equivalent to a breach of duty by the accommodation provider.
9.3 The strict liability of the accommodation provider according to § 536a para. 1 Alt. 1 BGB is excluded.
9.4 If the customer is provided with a parking space in the hotel's own parking lot, this does not constitute a safekeeping agreement. The accommodation provider shall not be liable for loss of or damage to motor vehicles and bicycles parked or maneuvered on the property or their contents, except in cases of intent or gross negligence.
9.5 Any liability of the accommodation provider for items brought into the accommodation in accordance with §§ 701 ff. BGB shall remain unaffected by this provision.
9.6 Claims of the customer against the accommodation provider arising from the accommodation contract as well as claims for damages of the customer shall become statute-barred after one year. The statute of limitations according to § 548 BGB remains unaffected by this provision.
9.7 Section 9.6. shall not apply if the accommodation provider can be accused of gross negligence, as well as in the event of bodily injury and damage to health attributable to the accommodation provider or in the event of loss of life of the customer as well as in the event of damage based on an intentional or negligent breach of essential contractual obligations of the accommodation provider.

10. Final provisions

10.1 The place of performance shall be the registered office of the accommodation provider.
10.1.1 The place of payment shall be the registered office of the accommodation provider.
10.2 The exclusive place of jurisdiction - including for disputes relating to checks and bills of exchange - shall be the registered office of the accommodating establishment under company law in commercial transactions.
10.3 The law of the Federal Republic of Germany shall apply.
10.4 Should individual provisions of the contract with the Customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic success comes as close as possible to that of the invalid provision.
Owner:
Fröhlich Hellmann GbR
Seerobenstrasse 24
65195 Wiesbaden

Contact:
0151 202 607 63
hallo@kleine-bleibe.com
www.kleine-bleibe.com