General terms and conditions of business

General Terms and Conditions of Stietz-Villa, Stietzstraße 21, 19395 Plau am See

I. Scope

1. These General Terms and Conditions (GTC) apply to contracts between the landlords of the holiday apartment "Stietz-Villa", Stietzstraße 21, 19395 Plau am See (hereinafter referred to as the "Landlord" or "we" or "us") and the customer regarding the rental of holiday apartments, as well as all related services and deliveries by the landlord.

2. These GTC apply exclusively. The customer's terms and conditions only apply if and to the extent that they have been expressly agreed upon with the landlord, at least in text form.

3. The contract language is German.

II. Conclusion and Content of the Contract

1. Offers from the landlord are always subject to change. The contract is concluded upon acceptance by the landlord. The landlord is free to confirm the booking in writing or in text form. Section III applies to the conclusion of contracts in electronic commerce.

2. Subletting and reletting of the rented holiday apartment, event rooms, areas, or display cases, as well as the use of the rented rooms and areas for interviews, sales, and similar events, is generally not permitted and requires the prior consent of the landlord, which must be in writing at least. Section 540 Paragraph 1 Sentence 2 of the German Civil Code (BGB) is waived unless the customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e., the customer does not conclude the contract for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.

3. The customer does not acquire any right to the provision of a specific holiday apartment. Unless otherwise agreed, the holiday apartment must be occupied from 3:30 p.m. on the day of arrival (check-in time). The customer has no right to earlier availability. The booked holiday apartment must be occupied by the customer by 8:00 p.m. at the latest, unless a later arrival time has been expressly agreed with the landlord.

4. On the agreed departure date, the holiday apartment must be vacated and made available to the landlord by 10:30 a.m. (check-out time) at the latest. After that, the landlord may charge 50% of the full accommodation price (list price) for the use of the room beyond the agreed time limit until 6:00 p.m., and 90% from 6:00 p.m. onwards, due to the late vacating of the room. This does not constitute a basis for contractual claims by the customer. The customer is free to prove that the landlord has no or a significantly lower claim to a usage fee.

5. The holiday apartment may only be used during the respective opening hours. The landlord reserves the right to change the opening hours or to close facilities in whole or in part, particularly due to renovation work or landlord events, or if use is not possible or only possible to a limited extent for other reasons.

III. Prices, Payment, Services

1. The customer is obligated to pay the applicable or agreed prices of the landlord for the accommodation and other services used by the customer. This also applies to services requested by the customer and expenses incurred by the landlord for third parties.

2. The agreed prices include the applicable statutory value-added tax, unless otherwise agreed. If the period between conclusion of the contract and fulfillment of the contract exceeds four months and the price generally charged by the operator for such services or the statutory value-added tax increases, the operator may increase the agreed price appropriately, but by no more than 10%. For each reminder after the occurrence of default, the landlord may charge a reminder fee of €5.00.

3. Invoicing is in euros. For foreign means of payment, exchange rate differences and bank charges are borne by the party obligated to pay. Advance payments in foreign currencies are credited to the total invoice on the value date.

4. Landlord's invoices are to be paid immediately upon receipt without deduction. The statutory provisions regarding late payment apply. Complaints regarding the invoice must be reported to the landlord within three days of becoming known.

5. Customers may only bring animals with the landlord's prior consent and against payment of a surcharge. Animals may not be brought into the landlord's common areas.

IV. Withdrawal by the Landlord

1. If an agreed advance payment is not made even after the expiration of a reasonable grace period set by the Landlord, the Landlord is entitled to withdraw from the contract.

2. Furthermore, the Landlord is entitled to withdraw from the contract for objectively justified reasons, for example if: - force majeure or other circumstances beyond the Landlord's control make fulfillment of the contract impossible; - accommodations and events are booked under misleading or false information regarding essential facts, e.g., the customer or the purpose of the stay. Important information may include the customer's identity, solvency, or the purpose of the stay; - if the Landlord has reasonable grounds to believe that the accommodation and/or event could jeopardize the smooth operation of the business, the security, or the public reputation of the Landlord, without this being attributable to the Landlord's sphere of control or organization.

3. The Landlord must notify the customer immediately of the exercise of the right of withdrawal.

4. In the event of a justified cancellation by the landlord, the customer is not entitled to compensation.

V. Cancellation by the customer

1. Cancellations must be made at least in text form.

2. In the accommodation sector (lodging), the following applies to cancellations by the customer:

a) The landlord grants the customer a free right of cancellation up to 30 days before arrival. For cancellations made within this period, the costs listed under section V. 2.b) will be charged. This also applies to early departures.

b) For cancellations made between 30 days and 15 days before the date of arrival, 50% of the overnight price will be charged. This also applies to early departures. For reservations made in conjunction with bundled services (offers), we charge 60% of the agreed offer price.

c) For cancellations made between 15 days and 0 days before the date of arrival, 100% of the overnight price will be charged. The latter also applies in the event of an early departure.

4. The customer reserves the right to prove that the damage was less than the agreed amount, while the landlord reserves the right to prove that the damage was greater than the agreed amount.

VI. Technical Equipment and Connections

1. If the landlord procures technical or other equipment or services from third parties for the contract holder at the latter's request, it does so in the name, on behalf of, and for the account of the customer. The customer is liable for the careful handling and proper return of the equipment. The customer indemnifies the landlord against all claims by third parties arising from the provision of such equipment.

2. With the consent of the landlord, the customer is entitled to use their own telephone, fax, and data transmission equipment. The landlord is entitled to charge a connection fee for this.

3. If suitable equipment of the landlord remains unused due to the connection of the contract holder's own equipment, the landlord is entitled to charge a compensation fee.

VII. Decorative Materials and Other Items Brought to You

1. Due to the risk of possible damage, the placement and attachment of objects to walls is prohibited.

2. Any items brought into the apartment must be removed at the end of the stay. If the customer fails to comply with this obligation, the landlord may remove and store them at the customer's expense. If the items remain on the landlord's property, the landlord may charge rent or storage fees for the duration of their stay. The customer reserves the right to prove that the damage was lower, and the landlord reserves the right to prove that the damage was higher. The necessary disposal of any items left behind is also at the customer's expense. The above provisions also apply to items rented from third-party companies and brought into the landlord's premises.

3. Escape routes and emergency exits must be kept clear of all types of objects.

4. The customer is responsible for any damage caused by them or other persons staying in the vacation rental during the rental period, as well as for any loss or damage they themselves caused. It is the customer's responsibility to take out the necessary insurance for this purpose.

5. The use of pyrotechnics (including sparklers, fog machines, or other fireworks) is expressly prohibited. An exception may be granted by the landlord if the customer provides proof of appropriate insurance (inventory insurance at replacement value).

VIII. Landlord's Liability

1. Claims for damages, regardless of the legal basis, are excluded unless the landlord is guilty of willful intent or is liable for its own gross negligence or the gross negligence of its legal representatives, executive employees, or other vicarious agents, or the claim for damages results from the breach of essential contractual obligations. In all cases of simple negligence, any liability arising under this provision is limited to the foreseeable damage typical for the type of contract. Liability for damages resulting from injury to life, limb, or health remains unaffected.

2. Claims for damages other than those based on willful intent or gross negligence are excluded.

3. If a parking space in the landlord's garage or on a landlord's parking lot is made available to the customer, even for a fee, this does not constitute a safekeeping contract. The landlord has no duty to monitor the parking space. The landlord is not liable for the loss or damage of motor vehicles parked or maneuvered on the landlord's property, including their contents, unless the landlord is responsible for intent or gross negligence. In this case, the damage must be reported to the landlord no later than upon leaving the landlord's property.

4. Lost and found items or items left behind or forgotten will only be returned upon request and against reimbursement of costs. The landlord will keep the items for a period of 6 months. After that, the items, if they have apparent value, will be handed over to the local lost and found office.

IX. Customer Liability

The customer is liable for damages and costs to buildings and/or inventory caused by themselves, their family members, guests, or other third parties in their area, in accordance with statutory provisions. It is the customer's responsibility to obtain adequate insurance for such liability claims. The landlord is entitled to request proof of appropriate insurance.

X. Information on Dispute Resolution from Online Contracts

The website of the European Commission's online dispute resolution body for consumer disputes can be accessed via the following link: http://ec.europa.eu/consumers/odr/. Should any disagreements arise from our contract, we will endeavor to resolve them in the best interests of both parties. We are not obligated to participate in arbitration proceedings and unfortunately cannot offer you the opportunity to participate in such proceedings. If you have any questions, please contact us at info@Stietz-Villa.de.

XI. Final Provisions

1. Amendments or additions to the contract, the acceptance of the application, or these General Terms and Conditions must be made in writing. Unilateral amendments or additions by the customer are invalid.

2. The place of performance and payment is the registered office of the landlord.

3. The place of jurisdiction is – if the landlord's contractual partner is a merchant or a legal entity under public law – the registered office of the landlord. If the lessor's contractual partner does not have a general place of jurisdiction within Germany, the place of jurisdiction shall be the lessor's registered office. However, the lessor is entitled to file lawsuits and other legal proceedings at the customer's general place of jurisdiction. The lessor is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.

4. The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.

5. Should individual provisions of these General Terms and Conditions for the Lessor's Accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions shall apply. As of January 2025