Terms & Conditions

GENERAL TERMS AND CONDITIONS OF THE VACATION HOME WINZERECK

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1. Contract conclusion

The rental contract for Ferienhaus Winzereck is binding once the holiday home has been booked via the website www.daswinzereck.de and the deposit has been paid. The holiday home is rented to the tenant for the specified contract period exclusively for use for holiday purposes and may only be occupied by the maximum number of persons specified at the time of booking.

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2. Rent and additional costs

The agreed rental price includes all additional costs (e.g. for electricity, heating, water). In addition, the use of bed linen and towels and their cleaning is included. A deposit of 100% of the total price is due immediately upon receipt of the invoice. If the payment deadlines are not met, the landlord may cancel the booking. Non-payment is considered a cancellation and entitles the tenant to re-let the property.

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3. Rental period and arrival / departure

On the day of arrival, the landlord shall make the rented property available to the tenant from 4.00 p.m. in the condition stipulated in the contract. Departure and handover must take place by 10.00 a.m. on the day of departure at the latest. If the departure time is exceeded by more than 30 minutes, an additional overnight stay will be charged. Other arrival and departure times can be requested in exceptional cases. The landlord may then freely dispose of the property. A (proportionate) refund of the rent due to early departure or non-arrival or late arrival will not be made. Arrival and departure days count as one day.

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4. Contract cancellation

German tenancy law applies. This means: booked is booked. Neither of the contracting parties can unilaterally withdraw from the concluded contract, regardless of the reasons (exception: force majeure or extraordinary good cause according to § 542 II BGB). The tenant is not released from the obligation to pay the rent if he is prevented from exercising his right of use for a reason relating to himself. This includes illness, unplanned events or even if one of the persons travelling is unable to attend. We therefore strongly recommend that you always take out travel cancellation insurance.

However, we offer our guests the following voluntary cancellation policy:

• Up to 30 days before arrival: Rebooking or cancellation without charge.

• Up to 15-30 days before arrival: Cancellation fee of 50% of the rental amount.

• From 14 days prior to arrival: the total rent must be paid.

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In the event of an enacted ban on accommodation within the booked period, both parties can cancel free of charge (force majeure). Both contracting parties are then released from their contractual obligations. However, you must reimburse the other contracting party for services already rendered.

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If there is no ban on accommodation and there is a pandemic and country-specific or separate, changing conditions and restrictions (e.g. during Covid-19), then separate cancellation and rebooking conditions apply.

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These are published on the website www.daswinzereck.de and on the booking forms and are valid when booking in deviation from these terms and conditions. Even quarantine situations do not release you from the obligation to pay the rent, and especially at this time we recommend taking out travel cancellation insurance including Corona protection (e.g. from HanseMerkur or Allianz).

 

The landlord undertakes to offer the cancelled period on the open market again as soon as possible. If a complete rental or a partial rental takes place during the previously booked period, this will be offset against the invoice amount of the cancelling tenant.

 

In the event of cancellation of the contract, the tenant may nominate a replacement tenant who is prepared to take his place in the existing contractual relationship. The landlord may object to the entry of the third party. If a third party enters into the rental agreement, he and the previous tenant shall be jointly and severally liable to the landlord for the rental price and the additional costs incurred by the entry of the third party.

 

There is no general right of cancellation for tourist services.

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5. Termination by the landlord

The lessor can terminate the contractual relationship before or after the start of the rental period without notice if the lessee does not make the agreed payments (down payment, final payment and deposit) on time despite a prior reminder or otherwise behaves in breach of contract to such an extent that the lessor has a continuation of the contractual relationship is not reasonable. In this case, the landlord can demand compensation from the tenant for the expenses incurred up to the point of termination and the loss of profit.

 

6. Tenant's obligations ​

The tenant is obliged to treat the rented property and its inventory with all due care. The tenant is liable to pay compensation for culpable damage to furnishings, rented rooms, floors or the building as well as the facilities belonging to the rented rooms or the building (e.g. inner courtyard and car park) if and to the extent that it has been culpably caused by him or his accompanying persons or visitors. The tenant must immediately notify the landlord or the contact point designated by the landlord of any damage occurring in the rented premises, unless he is obliged to remedy the damage himself.

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The lessee is liable to pay compensation for consequential damage caused by failure to notify the tenant in good time. Rubbish, ashes, harmful liquids and the like must not be thrown or poured into sinks, sinks and toilets. If blockages occur in the sewage pipes due to non-compliance with these provisions, the person responsible bears the costs of the repair. Make sure to close the windows and skylights when you leave. If, for example, there is water damage in the event of heavy rain or a thunderstorm, the person who caused it bears the cost of repairs. In case of strong sunlight, the curtains and blinds of the roof windows and picture windows should be kept closed during the day. If these remain open and the houses become very hot, this does not release you from the rental agreement and the landlord cannot accept any liability.​

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In the event of any disruptions to the systems and facilities of the rented property, the tenant is obliged to do everything reasonable to help remedy the disruption or to minimize any damage that may occur. The tenant is obliged to inform the landlord immediately about defects in the rented property. If the lessee fails to report this, he is not entitled to any claims due to non-fulfilment of the contractual services (in particular no claims to a reduction in rent).​​

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7. Liability of the landlord

The landlord is liable for the correctness of the description of the rental property and is obliged to provide the contractually agreed services properly and to maintain them throughout the rental period. The landlord is not liable according to § 536a BGB. The lessor’s liability for damage to property from tortious acts is excluded, unless they are based on an intentional or grossly negligent breach of duty by the lessor or his vicarious agents. The landlord is not liable in cases of force majeure (e.g. fire, flooding, etc.).​

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8. Animals and smoking​

Animals, especially dogs and cats, are not permitted. Smoking is strictly prohibited inside the rooms and in the garage. In case of violation, a fee of 750 euros for special cleaning and sanitation will be charged. When smoking on the terrace and in front of the garage, care must be taken not to disturb other tenants. Furthermore, no cigarettes or cigarette butts may be disposed of in the outdoor areas. In the event of infringement, the costs for cleaning will be charged to the tenant.

 

9. Noise ​

As the holiday home is located in the immediate vicinity of other residential buildings, tenants are requested to show mutual consideration. In particular, disturbing noises and activities that disturb the neighbours through the resulting noise and impair domestic tranquillity must be avoided. Televisions and loudspeakers must be set to room volume. All windows and doors must be closed when leaving the house.

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10. Amendment of the contract

Subsidiary agreements, changes and additions to the contract as well as all legally relevant declarations must be in writing.

 

11. Choice of law and place of jurisdiction

German tenancy law with German place of jurisdiction applies.

For lawsuits by the landlord against merchants, legal entities under public or private law or persons who do not have a general place of jurisdiction in Germany or who have moved their domicile or habitual place of residence abroad after the conclusion of the contract or whose domicile or habitual place of residence at the time the lawsuit is filed is known, the place of residence of the lessor is agreed as the exclusive place of jurisdiction.