General Terms and Conditions
Holiday flats "Ballenhaus 1" and "Ballenhaus 2"
§ 1 booking / booking confirmation
§ 2 terms of payment
§ 3 surety
§ 4 arrival and departure
§ 5 holiday flats
§ 6 sojourn
§ 7 trip cancelation
§ 8 cancelation by the lesser
§ 9 accountability of the lesser
§ 10 written form
§ 11 severability clause
§ 12 preface
§ 13 place of jurisdiction
§ 1 booking / booking confirmation
Please send your booking requests per mail to: info@ferienwohnung-mittenwald.org or you can also reach us at:
+49 151 72 665 246
If the favored holiday flat is available during the inquired time, then we`ll send you a written confirmation for the booked holiday flat along with the invoice. The reservation of the holiday flat becomes legal once you have received the booking confirmation and after payment has been effected (see § 2).
§ 2 terms of payment
A down payment of 25 % of the whole fee has to be paid to our account as soon as you have received the booking confirmation. The payment of balance has to be effected latest 21 days prior to arrival. If you book on short notice the payment has to be effected immediately after you have received the booking confirmation.
If there is a delay in payment on your part, then we are entitled to postulate the legal interest of default. For every admonition because of delay in payment you will be fined 15 € . All other costs that should occur in case of an collection have to be acquitted by the client. The costs that occur due to payment from abroad have to be balanced entirely by the client. All fees that arise due to a bank transfer are at the expense of the client, which means that the whole invoice total has to be paid to our account exempt from charges. We merely accept payment through bank transfer , we do not accept a cheque.
§ 3 surety
The lessor imposes a one-time surety of 250 €, which is for the duration of the stay.The surety is to be paid to our account latest 21 days prior to arrival. The surety will be reimbursed after the departure of the client and after the holiday flat has been looked over by the lessor. The surety will not be reimbursed in case of negligent damage to the accommodation and its fixtures, and also if the general terms and conditions and also the house rules are not abided by.
§ 4 arrival and departure
The holiday flat will be ready for you on the day of arrival starting from 2 p.m., should the time of arrival be after 6 p.m. then this has to be given notice of in advance. The hand-over of the keys will be effected at the holiday flat through the lessor. The client can't ask for an indemnification claim in case that the holiday flat may possibly not be ready for move-in at 2 p.m..
On the day of departure the holiday flat has to be vacated by 10 a.m.. Should the departure time be a later one than 10 a.m., then the lesser reserves himself the right to impose possible additional costs upon the client. On the day of departure, the client, has to hand over the holiday flat to the lessor in a clean swept condition. This means that any glasses, dishes and so forth have to be cleaned and that the dishwasher program is finished and the dishwasher empty. The refuse bins emptied and the fridge is cleared of all food.
§ 5 holiday flats
The lessor gives over the holiday flat in a clean and tidy fashion including all the fixtures. The lessor has to be informed immediately should there be any deficit that you have noticed on arrival or which has occurred whilst the stay. The lessee assumes liability for any damage which was caused by the lessee either to the accommodation, the equipment or the fixtures i.e. broken dishes, damage to the flooring or the furnishing. Integrated in this are also the costs for loss of the house keys as it is a master key system.
The lessee has to handle the fixtures with care these are only designated for the use in the holiday flat during the lessees stay. The lessee also vouches for any damage incurred through the fellow travelers. Any damages caused through an act of nature beyond control are exempt. If the lessee uses the holiday flat contrary to contract i.e. overcrowding, subleasing, disturbance of the sanctity of the home etc., as well as not completely paying the whole fee then the lessor has the right to terminate the contract without notice. The down payment or any other already paid fees remain with the lessor.
Should the lessee have a liability insurance, then the damage has to be reported to the insurance company. The lessor is to be informed of the name and address of the insurance company as well as the insurance number.
§ 6 sojourn
The holiday flat is for sole use through the persons which are listed in the contact. Should the holiday flat be inhabited by more persons than mentioned in the contract than a separate fee has to be paid. In case that there are more persons in the flat than are mentioned in the contract, then furthermore the lessor has the right to terminate the contract without notice.
It is disallowed to let or cede the holiday flat to third persons. The lessee is not allowed to pass the lease agreement onto a third party.
The lessee complies with the general terms and conditions of the holiday flats "Ballenhausgasse I" and "Ballenhausgasse II" and the sanctity of the home - is one exists for the accommodation. The letter of agreement enters into force as soon as payment has been effected.
In case of violation of either the general terms and conditions or the house rules the lessor has the right to terminate the contract without notice. There is no entitlement to a reimbursement or a compensation.
§ 7 trip cancelation
The lessee is obligated to pay the stipulated fee for the duration of contract. This is also the case if the lessee stands back from the contract at the beginning of the sojourn or if the lessee arrives later or departs earlier. If the lessee does not invoke his right to the holiday flat then 90 % of the rental price have to be paid. The lessor has to act in good faith, to assign the flat to another party in order to minimize the deficit. Until such time that the holiday flat is rented to another party, the lessee has to pay the full price.
Any cancellations have to be put in written form and given to the lessor, unless the lessor accepts a verbal cancelation. Naturally the lessee can name another person to the lessor, who will take the place of the first lessee. The fee of cancelation will be cleared with the down payment.
§ 8 cancellation by the lessor
In case of cancellation through the lessor be it due to an act of nature beyond control or other unforeseen circumstances (i.e. an accident or sickness of the lessor)which make it impossible to fulfill the contract accountability restricts itself to the back payment of the costs. If there is a justified cause then the lessee does not have the right to an indemnity - nor does the lessor have any accountability for the costs of the journey or any hotel costs which may occur.
The lessor can cancel the contract even after the contract has started without having to adhere to a statutory period, if the lessee should disturb other lessees after a notice has been given by the lessor, or if the lessee should not adhere to the contract, then a immediate annulment of the contract justified.
§ 9 accountability of the lessor
The lessor is obligated to place the booked holiday flat at the lessees disposal . If the lessor is unable to do so then he has to either find a different accommodation or pay compensation.
The lessor is liable for the allocation of the booked holiday flat. The lessor is not liable for any deficit which may arise through any dysfunction in the electricity and water supply as well as any acts of nature beyond control and the aftereffects if these.
§ 10 written form
There are no other agreements that exist other than those mentioned in the contract. The lessee accepts the general terms and conditions as soon as he pays the down payment.
§11 severability clause
In the case that any of the above mentioned agreements should become legally invalied, then the agreement will be replaced by an analogous agreement. The other agreements in the contract remain unaffected and will continue being in force.
§ 12 preface
The lessee agrees that the handling of his data is in order if the legal purpose is for the privity of contract.
Pets are not allowed in the holiday flats.
As the holiday flats are non smoking flats, one is only allowed to smoke in the garden or on the terrace.
§ 13 place of jurisdiction
The exclusive place of jurisdiction is the place of sojourn. It is also for your foreign guests that we say, any legal problems will be exclusively negotiated under German law.
Status, June 2017