SCHÖNBUCH APART GENERAL TERMS AND CONDITIONS

§1 SCOPE OF APPLICATION

The following General Terms and Conditions apply to all guest accommodation contracts concluded between Schönbuch Apart Bahlinger&Meinhardt GBR (hereinafter referred to as Schönbuch Apart) as the operating company of the apartment house Schönbuch Apart with third parties (guest). These GTC’s are clearly and generally visible in the reception area of our house and will be handed over to the guest on request. 

These terms and conditions also apply to all further deliveries and services provided to the guest by Schönbuch Apart.

Subletting or further leasing as well as use for any other than the agreed purpose requires the prior written consent of Schönbuch Apart GBR Bahlinger & Meinhardt. In dealings with entrepreneurs, § 540 paragraph 1 sentence 2 BGB is waived. In the standard apartments, only one person is allowed to occupy the apartment, in all other categories a maximum of two persons.

The customer’s terms and conditions shall only apply if this has been agreed in writing beforehand.

§2 CONCLUSION OF CONTRACT, CONTRACT PARTNER, STATUTE OF LIMITATIONS

The accommodation contract is concluded when Schönbuch Apart GBR Bahlinger & Meinhardt accepts the guest’s application. Acceptance by Schönbuch Apart GBR Bahlinger & Meinhardt is effected by a booking confirmation in text form, at the latest, however, by provision of the apartments.

Contractual partners are Schönbuch Apart GBR Bahlinger & Meinhardt and the guest. If a third party has ordered for the guest, he is liable to Schönbuch Apart GBR Bahlinger & Meinhardt together with the guest as joint debtor for all obligations arising from the accommodation contract. The third party then becomes the contractual partner.

The subletting and further letting of the provided apartments as well as their use for other than accommodation purposes require the prior consent of Schönbuch Apart GBR Bahlinger & Meinhardt in text form. The same applies to the use of the apartment by persons / visitors exceeding the number of guests stipulated in the contract. 

All claims against Schönbuch Apart GBR Bahlinger & Meinhardt are subject to a limitation period of one year from the beginning of the statutory limitation period. This shall not apply to claims for damages and other claims, provided that the latter are based on an intentional or grossly negligent breach of duty by Schönbuch Apart GBR Bahlinger & Meinhardt.

§3 SERVICES, PRICES, PAYMENT, SET-OFF

Schönbuch Apart GBR Bahlinger & Meinhardt is obliged to keep the apartments, studios or flats or equivalent replacements booked by the guest ready and to provide the agreed services.

The guest is obligated to pay the prices of Schönbuch Apart GBR Bahlinger & Meinhardt applicable or agreed upon for the provision of the apartment and the further services used by him. This also applies to services ordered by the guest directly or via Schönbuch Apart GBR Bahlinger & Meinhardt, which are provided by third parties and are paid for by Schönbuch Apart GBR Bahlinger & Meinhardt.

The agreed prices include the respective legally valid sales tax. Should the VAT rate applicable to the contractual services increase or decrease after conclusion of the contract, the prices shall be adjusted accordingly.

If the period between conclusion and performance of the contract exceeds four months and if the price generally charged by Schönbuch Apart GBR Bahlinger & Meinhardt for such services increases, Schönbuch Apart GBR Bahlinger & Meinhardt shall be entitled to increase the contractually agreed price appropriately, but not by more than 10%.

Furthermore, Schönbuch Apart GBR Bahlinger & Meinhardt is entitled to change the prices if the guest subsequently wishes changes in the number of booked apartments, the services provided by Schönbuch Apart GBR Bahlinger & Meinhardt or the length of stay of the guests and Schönbuch Apart GBR Bahlinger & Meinhardt agrees. Changes require the text form.

If the guest has the possibility to indicate special wishes during the booking process, these are always non-binding. The guest has no right to demand that the apartment comply with these extra-contractual special requests, unless there is a corresponding express confirmation in text form.

The payment by the deposited means of payment will be made at the latest on the date of arrival. The date of arrival is 18:00 o’clock of the booked day of arrival. For long-term stays of more than one month (from 30 days), only the amount for the first month will be reimbursed immediately. The amount for the following month will be reimbursed three days after the end of the previous month at the latest. Schönbuch Apart GBR Bahlinger & Meinhardt has the right to call due accrued claims at any time and to demand immediate payment. In case of default of payment, Schönbuch Apart GBR Bahlinger & Meinhardt shall be entitled to demand the respectively applicable statutory default interest in the sense of § 288 BGB. Schönbuch Apart GBR Bahlinger & Meinhardt reserves the right to prove higher damages.

For each reminder after the occurrence of default, reminder costs in the amount of 3.00 Euro shall be charged. The guest is free to prove that these have not been incurred or have not been incurred in the required amount.

Schönbuch Apart GBR Bahlinger & Meinhardt is entitled to demand an appropriate advance payment or security deposit upon conclusion of the contract or thereafter. The amount of the advance payment or security deposit and the dates of payment may be agreed in writing in the contract. In this case, Schönbuch Apart GBR Bahlinger & Meinhardt shall be entitled, in case of non-compliance with payment dates with regard to the respective agreed remuneration, to satisfy itself from the security deposit, e.g. by collection of the agreed remuneration by credit card.

The guest may only offset undisputed or legally binding claims against Schönbuch Apart GBR Bahlinger & Meinhardt.

§4 SMOKING BAN, ANIMAL HUSBANDRY, ADMISSION OF VISITORS

The apartments, studios and flats of Schönbuch Apart GBR Bahlinger & Meinhardt are non-smoking apartments. Therefore, smoking is not allowed in the apartments. This also applies to e-cigarettes. In case of violation Schönbuch Apart GBR Bahlinger & Meinhardt is entitled to terminate the contract without notice. In addition, Schönbuch Apart GBR Bahlinger & Meinhardt may, if necessary, charge costs of a special final cleaning in case of nicotine smell in the apartment in the amount of 250 EUR, whereby the other party to the contract is allowed to prove that no damage or reduction in value has occurred or is considerably lower than the flat rate. Schönbuch Apart GBR Bahlinger & Meinhardt reserves the right to charge the guest for any costs incurred in connection with the activation of the fire alarm system as a result of a violation of this ban on smoking.

Keeping pets in the rented apartments of Schönbuch Apart GBR Bahlinger & Meinhardt is only allowed after prior consultation and approval. § 4 paragraph 1 sentence 3 and 4 apply accordingly.

The guest is obliged to use the apartment only within the framework of the contractually agreed upon framework, in particular only by the persons provided for there. The overnight stay of visitors requires the prior consent of Schönbuch Apart GBR Bahlinger & Meinhardt in text form. In case of violation Schönbuch Apart GBR Bahlinger & Meinhardt is entitled to charge the guest a flat rate surcharge of EUR 100.00 per night and visitor and to terminate the accommodation contract without notice. 

§5 PROVISION, HANDOVER AND RETURN

The guest is not entitled to the provision of certain apartments.

Booked apartments are available to the guest from 16:00 hours on the agreed day of arrival.

On the agreed day of departure, the apartment of Schönbuch Apart GBR Bahlinger & Meinhardt must be vacated and made available to the guest by 11:00 a.m. at the latest. Schönbuch Apart GBR Bahlinger & Meinhardt is entitled to claim compensation for any use beyond this time as follows: 80% of the regular daily rate (list price), if the eviction takes place by 6 p.m.; 100% of the regular daily rate (list price), if the eviction does not take place by 6 p.m. Contractual claims of the guest are not justified by this. He/she is free to prove that Schönbuch Apart GBR Bahlinger & Meinhardt has suffered no or only minor damage. Schönbuch Apart GBR Bahlinger & Meinhardt is free to prove higher damages.

The return of the apartments has to be in the same condition as the guest found them. The guest must remove all personal belongings from the apartments and dispose of food and garbage. In case of violation Schönbuch Apart GBR Bahlinger & Meinhardt is entitled to charge the guest an increased cleaning fee of EUR 40.00 per cleaning person and hour.

The apartments of Schönbuch Apart GBR Bahlinger & Meinhardt may be booked for a maximum continuous period of 182 days.

§6 WITHDRAWAL OF THE GUEST (CANCELLATION, CANCELLATION) OR NON-USE OF THE SERVICES (NO SHOW)

If the guest cancels the trip or does not appear on the day of arrival, Schönbuch Apart GBR Bahlinger & Meinhardt is entitled to assign the unused apartment, studio or flat to another party.

A withdrawal of the customer from the contract concluded with Schönbuch Apart GBR Bahlinger & Meinhardt is only possible if a right of withdrawal has been expressly agreed upon in the contract, another legal right of withdrawal exists or if Schönbuch Apart GBR Bahlinger & Meinhardt expressly agrees to the cancellation of the contract. The agreement of a right of rescission as well as the possible consent to a cancellation of the contract must be made in writing.

The following cancellation conditions apply to the guest:

One-day stays 1-6 nights: – In case of cancellation up to 24 hours before arrival: Free of charge – In case of cancellation 24 hours or more before arrival: Cancellation fee 100% of the costs of the first 3 nights of the stay Short-term stays 7-28 nights: – In case of cancellation up to 5 days before arrival: Free of charge – In case of cancellation 5 days or more before arrival: Free of charge Cancellation fee 100% of the costs of the first 7 nights of the stay Long term stay from 29 nights: – For a cancellation up to 14 days before the date of arrival: free of charge – For a cancellation from 14 days before the date of arrival: cancellation fee 100% of the costs of the first month of the stay The date of arrival is 6 p.m. of the booked day of arrival. In case of early departure of the guest after check-in, a refund of the agreed price for all booked services is excluded. 

Deviating conditions for day nights (1-6 nights): – For cancellations before 6 pm on the day of arrival: free of charge – For cancellations after 6 pm on the day of arrival: free of charge: Cancellation fee 100% of the first 3 nights of the stay Deviating conditions for short stays (7-28 nights): – For cancellation before 6 pm on the day of arrival: free of charge – For cancellation after 6 pm on the day of arrival Cancellation fee 100% of the first 7 nights of the stay Deviating conditions for long-term stays of 29 nights or more: – For cancellation up to 7 days before the date of arrival: free of charge – For cancellation from 7 days before the date of arrival: 100% of the cost of the first 7 nights of the stay

If a right of withdrawal has already expired, there is also no legal right of withdrawal or cancellation, and if Schönbuch Apart GBR Bahlinger & Meinhardt does not agree to a cancellation of the contract, Schönbuch Apart GBR Bahlinger & Meinhardt retains the right to the agreed remuneration despite the guest not making use of the service. For unused apartments that Schönbuch Apart GBR Bahlinger & Meinhardt has been able to allocate to another party, the guest will be credited with the income from the other renting and the saved expenses.

If the apartments are not rented out to other parties, Schönbuch Apart GBR Bahlinger & Meinhardt is entitled to a flat-rate deduction for saved expenses. The guest is then obliged to pay 90% of the contractually agreed price for the rental of the apartments. The guest is, however, permitted to prove that Schönbuch Apart GBR Bahlinger & Meinhardt has not incurred any damage or a lower damage.

Separate cancellation conditions apply to group bookings of 10 or more persons, which must be requested in advance. 

§7 CANCELLATION FROM Schönbuch Apart GBR Bahlinger & Meinhardt

If it has been agreed that the guest can withdraw from the contract free of charge within a certain period of time, Schönbuch Apart GBR Bahlinger & Meinhardt is entitled to withdraw from the contract within this period of time if there are inquiries of other customers about the booked apartments and the customer does not waive his right of withdrawal upon request by Schönbuch Apart GBR Bahlinger & Meinhardt with an appropriate deadline.

If an advance payment or provision of security agreed upon or requested according to § 3 clause 9 is not made even after expiry of a reasonable grace period set by Schönbuch Apart GBR Bahlinger & Meinhardt, Schönbuch Apart GBR Bahlinger & Meinhardt shall also be entitled to withdraw from the contract.

Schönbuch Apart GBR Bahlinger & Meinhardt is furthermore entitled to withdraw from the contract for objectively justified reasons, for example if (a) force majeure or other circumstances beyond the control of Schönbuch Apart GBR Bahlinger & Meinhardt make the performance of the contract impossible;
(b) the apartment is booked under misleading or false information of essential contractual facts, e.g. such as those in the person of the guest or the purpose; (c) Schönbuch Apart GBR Bahlinger & Meinhardt has reasonable cause to believe that the use of the booked apartments may endanger the peace of the house, the security or the public reputation of Schönbuch Apart GBR Bahlinger & Meinhardt, without this being in the interest of the sovereign or the owner. or organisational area of BD Apartment.

Schönbuch Apart GBR Bahlinger & Meinhardt shall inform the Guest immediately of the exercise of the right of withdrawal/termination.

In case of justified withdrawal by Schönbuch Apart GBR Bahlinger & Meinhardt, the Guest shall not be entitled to claim damages.

§8 LOSS OR DAMAGE OF ITEMS BROUGHT ALONG

Schönbuch Apart GBR Bahlinger & Meinhardt is liable to the guest for items brought in according to the statutory provisions. 

§9 TECHNICAL EQUIPMENT AND CONNECTIONS

The use of the guest’s own electrical equipment using the apartment’s power supply system is the guest’s own responsibility. Any malfunctions or damage to the technical equipment of the apartment caused by the use of these devices shall be borne by the guest, unless Schönbuch Apart GBR Bahlinger & Meinhardt is not responsible for such malfunctions or damage.

The guest is prohibited from illegal file sharing via the internet connection provided by Schönbuch Apart GBR Bahlinger & Meinhardt. This includes any upload or download of copyrighted data in any form. The guest is liable for all damages incurred by Schönbuch Apart GBR Bahlinger & Meinhardt and/or the holder of rights due to the guest’s violation of rights.

§10 ACCESS OF Schönbuch Apart GBR Bahlinger & Meinhardt

Schönbuch Apart GBR Bahlinger & Meinhardt has the right to enter the rented apartment, studio, flat for weekly cleaning and linen change as well as, upon agreement with the guest, to carry out repairs, read electricity and water meters and to inspect the apartment in the context of the follow-up rental. In case of imminent danger, Schönbuch Apart GBR Bahlinger & Meinhardt is also entitled to enter the apartment without agreement with the guest.

§11 DUTIES OF CARE OF THE GUEST, LIABILITY OF THE GUEST FOR DAMAGES

The guest is obligated to treat the apartment and its inventory as well as the communal facilities with care and to avert damage. In particular, the Guest shall avoid excessive soiling, regularly dispose of waste in a proper manner and ensure a minimum of order, so that the agreed weekly short cleanings can easily be carried out and the apartment can be kept in a clean and hygienic condition through the standard cleaning measures carried out in this context. Schönbuch Apart GBR Bahlinger & Meinhardt is entitled to charge the guest the full amount of any increased cleaning costs due to considerably excessive soiling or disorder. If the guest fails to comply with the aforementioned obligations even after a written warning, Schönbuch Apart GBR Bahlinger & Meinhardt shall be entitled to terminate the accommodation contract without notice. 

The guest is liable for all damage to the building or inventory caused by visitors, employees or other third parties from his area or himself. Furthermore, the guest is also liable for all other damages and expenses incurred by Schönbuch Apart GBR Bahlinger & Meinhardt due to improper use of the rented property or items brought in. This also includes costs incurred by Schönbuch Apart GBR Bahlinger & Meinhardt due to a negligent triggering of fire alarm systems (smoke detectors) (in particular costs of a fire brigade service with costs).

An inventory list is stored in each apartment, on which the inventory available in the respective apartment is listed. The guest is obliged to check this inventory list for completeness and to notify Schönbuch Apart GBR Bahlinger & Meinhardt immediately of any deviations from it. The guest has to reimburse the costs of the objects that are no longer available when the apartment is vacated at their current value.

Schönbuch Apart GBR Bahlinger & Meinhardt is entitled to settle costs for the removal of damages to the apartment or the inventory culpably caused by the guest or any fellow occupants or visitors from the security provided by the guest according to § 3 number 9. Schönbuch Apart GBR Bahlinger & Meinhardt will determine the costs for the repair of the damage beforehand by obtaining a cost estimate from a specialist craftsman’s company.

The guest is obliged to make a reasonable contribution to remedy the disturbance and to keep any possible damage to a minimum.

In case of loss of a key, Schönbuch Apart GBR Bahlinger & Meinhardt is entitled to charge € 100,- for the replacement of the key. If the locking system needs to be replaced, we charge the costs according to the time and effort involved and the invoice.

§12 Liability of Schönbuch Apart GBR Bahlinger & Meinhardt

Schönbuch Apart GBR Bahlinger & Meinhardt shall be liable for damages to life, body or health for which it is responsible as well as for other damages based on an intentional or grossly negligent breach of duty by Schönbuch Apart GBR Bahlinger & Meinhardt or on an intentional or negligent breach of contract-typical duties of Schönbuch Apart GBR Bahlinger & Meinhardt. A breach of duty by Schönbuch Apart GBR Bahlinger & Meinhardt is equivalent to a breach of duty by a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise provided for in this § 12.

Insofar as the guest is provided with a parking space on an in-house parking lot, even against payment, this shall not constitute a safekeeping contract. In case of loss of or damage to motor vehicles and bicycles parked or manoeuvred on the property and their contents, Schönbuch Apart GBR Bahlinger & Meinhardt shall only be liable in accordance with the above clause 1.

Messages, mail and consignments of goods for the guests will be handled with care. Schönbuch Apart GBR Bahlinger & Meinhardt takes over the delivery, storage and – on request and for a fee – the forwarding of the same; the above clause 1 applies accordingly. This does not constitute a contract of safekeeping.

The providers of the local payment terminal are responsible for electronic data transmission and obtaining authorization for credit card transactions. Their ABG apply. For all other personal data Schönbuch Apart assures to treat them confidentially, to comply with the requirements of the Data Protection Ordinance and to store and process them only for the purpose of the booking. Schönbuch Apart undertakes not to pass on this data to third parties not mentioned here.


§13 FINAL PROVISIONS, HOUSE RULES

The contract language is German.

These terms and conditions of business also include compliance with our house rules, which are also available on our homepage in their currently valid version.

Amendments or supplements to the contract, the acceptance of applications or these terms and conditions for the rental of apartments should be made in writing. Unilateral changes or additions by the guest are invalid.

Place of performance and payment is the registered office of Schönbuch Apart GBR Bahlinger & Meinhardt. Exclusive place of jurisdiction – also for disputes regarding cheques and bills of exchange – is the registered office of Schönbuch Apart GBR Bahlinger & Meinhardt, if the guest is a merchant. If a contractual partner fulfils the requirements of § 38 para. 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of Schönbuch Apart GBR Bahlinger & Meinhardt.

German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws are excluded.

Should individual provisions of these General Terms and Conditions and/or the contract for the rental of apartments be or become invalid or void, the validity of the remaining provisions shall not be affected. In this case the statutory provisions shall apply. 

Status: 06 of January 2021