General booking conditions
- General provisions
These General Booking Conditions apply to all services provided by FENIIL Mittenwald GbR (hereinafter referred to as the ‘Landlord’) to the guest in connection with the letting of the holiday flat. - Conclusion of contract
The contract is concluded if the guest confirms the binding booking offer sent to him in writing (e.g. by e-mail) within 14 days or pays the deposit or the rental amount. In the case of a last-minute booking (within 14 days before the first rental day), the contract is concluded if the guest confirms the binding offer submitted to him in writing (e.g. e-mail) within 24 hours or pays the rental contract. - Use of the holiday apartment and obligations of the tenant
3.1. The holiday flat is available to the guest from 14:00 on the day of arrival and until 10:00 on the day of departure. If the departure time is exceeded by more than 30 minutes, an additional overnight stay will be charged. Different times can be agreed individually if the flat is not occupied before or after the rental period.
3.2. If the tenant does not show up by midnight on the day of arrival, the contract is deemed cancelled after a period of 48 hours without notification to the landlord. The landlord may then freely dispose of the property. A (pro rata) refund of the rent due to early departure will not be made.
3.3. In respect of other guests, pets are not permitted.
3.4. In case the guest uses the WLAN provided by the landlord, he recognises the separately communicated terms of use and undertakes to comply with them.
3.5. The guest undertakes to comply with the usual rules of communal living in a house in Germany.
3.6. In case regulations have been made for pandemic control, these are binding. Violations of these regulations can lead to termination of the rental agreement without notice and claims for damages.
3.7. The tenant is obliged to provide truthful information about the persons, origin and purpose of the trip. He is liable for any false information that may lead to violations of pandemic regulations.
3.8. The tenant undertakes to treat the rented property (holiday flat including inventory and the house and outdoor facilities) with care.
3.9. If damage occurs to the rented property (holiday flat including inventory and the house and outdoor facilities) during the tenancy, the tenant is obliged to report this to the landlord immediately.
3.10. Defects and damage discovered on arrival must be reported to the landlord immediately, otherwise the tenant is liable for this damage. A reasonable period of time must be allowed for the rectification of damage and defects. Claims arising from complaints that are not reported immediately on site are excluded. Complaints that are only received by the landlord at the end of the stay or after leaving the holiday home are also excluded from compensation.
3.11. In the event of any service disruptions, the tenant is obliged to do everything reasonable within the scope of his legal obligation to help rectify the disruption and minimise any damage incurred.
3.12. On the day of departure, the tenant must remove personal belongings, dispose of household waste in the bins provided and store clean and washed dishes in the kitchen cupboards. -
Prices and terms of payment
4.1. The prices at the time of conclusion of the contract apply. The rental contract becomes valid upon receipt of the deposit on the landlord's account.
4.2. The price of the accommodation is due upon receipt of the booking confirmation or, in the case of last-minute bookings, upon availability. A deposit of 20% of the amount must be paid within 7 days of booking and the remaining amount usually up to 1 month before the date of arrival to the specified account.
4.3. If the payment deadlines are not met, the landlord may withdraw from the contract. Non-payment is deemed to be a cancellation and entitles the tenant to re-let the property.
4.4. Additional costs for electricity, water, car parking space and waste are not charged. -
Cancellation and no-show
5.1. If the guest cancels the booking or does not turn up on the day of arrival, the landlord's claim to the rent remains valid. The cancellation must be made in writing (also by e-mail).
The rent depends on the time of cancellation:
- up to 3 months before the start of the rental period 20% of the amount agreed for the rental,
- from 6 weeks before the start of the rental period 50% of the amount agreed for the rental,
- from 4 weeks before the start of the rental period 80% of the amount agreed for the rental,
- from 2 weeks before the start of the rental period 100% of the amount agreed for the rental.
The date of receipt of your cancellation notice is decisive. Amounts already paid will be charged. You can provide a replacement person who will take over your contract under the above conditions. A written notification is sufficient.
5.2. In the event of cancellation or no-show, the landlord is obliged to rent the holiday apartment to another tenant. If the flat can be rented to another party, then, in deviation from Clause 5.1, compensation for damages may be payable in the amount of the difference to a lower re-letting price.
5.3. The landlord reserves the right to charge the guest a processing fee of 50.00 euros in the event of cancellation or no-show by the guest.
5.4. With regard to clauses 5.1-5.3, the guest may prove that the landlord has not suffered any damage or that the damage incurred is significantly lower than the aforementioned lump-sum damages.
5.5. A travel cancellation insurance is recommended. - Data protection
The tenant agrees to the storage, modification and / or deletion of necessary personal data within the scope of the contract concluded with him. All personal data will be treated with absolute confidentiality. -
Liability
7.1. Liability is governed by the statutory provisions.
7.2. For items brought in by the guest, §§ 701ff. BGB (Civil Code). -
Final provisions
8.1. Photos and text on the website serve as a realistic description. A 100 per cent match with the rental property cannot be guaranteed. The landlord reserves the right to make changes to the furnishings, provided they are of equal value.
8.2. Should one or more provisions of these General Terms and Conditions of Booking be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic and legal intention of the contracting parties.
8.3. German law shall apply. The place of jurisdiction and place of fulfilment is the place of residence of the lessor.