Holiday Apartments ZUGSPITZEREI
Rental conditions guest admission
(translation, German version is binding)
1. Conclusion of contract
1.1 The vacation apartments in the house Zugspitzerei, Alpspitzstrasse 42, 82491 Grainau, are rented to the Lessees for the specified contract period exclusively for use for vacation purposes and may only be occupied by the maximum number of persons specified in the rental agreement. The relevant valid hygiene protection measures of the Federal Government or the Bavarian State Government apply (https://www.stmgp.bayern.de/coronavirus/).
1.2 With the booking, the guest offers the host the binding conclusion of the guest accommodation contract. The contract is concluded when the Lessee receives the declaration of acceptance, which does not require any form, with the result that verbal and telephone confirmations are also legally binding for the guest. As a rule, the landlord will also send the Lessee a written copy of the booking confirmation. Oral or telephone bookings by the Lessee, with the corresponding binding verbal or telephone confirmation, also lead to the conclusion of a binding contract if the corresponding written copy of the booking confirmation is not received by the Lessee.
With the booking, the Lessee immediately makes a deposit of 30% of the total price excluding tourist tax to the landlord on the specified account. The balance is to be transferred to the specified account of the landlord up to 14 days before the booked stay. For bookings made less than seven working days before the start of occupancy, the entire rental payment must be transferred before the start of the rental.
1.3 The vacation apartments are furnished according to the equipment features listed on the homepage. Photos, floor plans and text on the website and other advertising materials serve as a realistic description. The complete conformity with the rental object, in particular the actual equipment and arrangement of the furniture cannot be guaranteed. The landlord reserves the right to make changes to the equipment (e.g. furniture), provided that they are equivalent.
1.4 The rental contract for the holiday apartments is based on the offer of the landlord if the down payment is made within the specified period. In the case of short-term bookings (less than 4 weeks before the start of the rental period), the rental contract comes into effect with the written or verbal acceptance of the offer.
1.5 The Zugspitzerei is a non smoking unit. Smoking is prohibited in all holiday apartments. Smoking is permitted outdoors, on balconies and terraces with the balcony or terrace doors closed. The use of ashtrays is compulsory. Open fires are prohibited in the building and on the property. The use of candles is also prohibited in the entire building due to the risk of fire.
1.6 Consideration must be given to neighbors. The generally applicable rest periods must be observed. These are in particular from 10 p.m. to 8 a.m.
1.7 There are public charging stations available for charging electric vehicles in the large community car park opposite the swimming pool, about 200 m from the holiday home. The withdrawal of energy from the holiday home is prohibited.
2. Rental price and additional costs
2.1 The agreed rental price includes all flat-rate ancillary costs (e.g. for electricity, heating, water). The final cleaning is charged separately depending on the size of the apartment, according to the price of the currently valid price list. A deposit of 25% of the total price is agreed; this is due upon conclusion of the contract. The remaining payment must be made upon receipt of the final invoice no later than 28 days before the start of the rental period.
2.2 The community of Grainau charges guests a health resort contribution for each day of their stay, depending on the age of the guests. The landlord accepts this amount and hands it to the municipality, reports the guests to the municipality and issues guest cards to the Lessees, which contain a number of discounts. The respective services can be viewed on the website of the municipality of Grainau at www.grainau.de
2.3 Bed linen and towels are not included in the rental price. Linen packages consisting of bed linen, 2 small and 1 large towels, tea towel and bath mat are to be booked per person for an additional fee according to the current price list. Already for hygienic reasons, the apartments are rented only with linen packages provided by a professional supplier of rental linen. Thus, the lessees will find freshly made beds.
2.4 Intermediate cleaning during the stay is not provided, but can be purchased in exceptional cases for an additional fee.
3. Rental period
On the day of arrival, the landlord makes the rental property available to the Lessee from 16.00 clock in contractual condition. On the day of departure, the lessee will hand over the rental property to the landlord by 10:00 a.m. at the latest in a cleared and swept condition.
4. Arrival and departure
4.1. The arrival of the guest shall take place at the agreed time, without special agreement no later than 18:00.
4.2. For later arrivals applies:
- a) The guest is obligated to notify the host by 6:00 p.m. at the latest or at the agreed time of arrival if he arrives late or, in the case of stays lasting several days, does not wish to move into the booked accommodation until a subsequent day.
- b) If a timely notification is not made, the host is entitled to occupy the accommodation elsewhere. For the period of non-occupancy, the provisions on withdrawal or non-arrival of the guest in this guest admission conditions apply accordingly.
- c) For periods of occupancy in which the guest does not use the accommodation due to late arrival, the provisions on withdrawal or non-arrival of the guest in these terms and conditions of accommodation shall apply accordingly. The guest shall not have to make any payments to the host for such occupancy periods if the host is contractually or legally liable for the reasons for the later arrival or the non- occupancy.
4.3. The vacating of the guest's accommodation has to be done at the agreed time, without special agreement at the latest by 10:00 a.m. of the day of departure. If the accommodation is not vacated in due time, the host may demand a corresponding additional compensation. The host reserves the right to claim further damages. A claim for the use of the facilities of the host's accommodation after 10:00 a.m. of the day of departure exists only in the case of a general notice of the host in this regard or an agreement made with the host in the individual case.
5. Withdrawal by the Lessee
The lessee can withdraw from the rental agreement before the beginning of the rental period by written declaration to the landlord. The date of receipt of the declaration of withdrawal by the landlord is decisive.
If the lessee withdraws from the rental agreement, he shall pay a lump-sum compensation for the expenses already incurred by the Landlord and the lost profit in the following amount:
- Cancellation up to the 45th day before the beginning of the rental period: 25%
- Cancellation up to the 35th day before the beginning of the rental period: 50%
- thereafter until 10 days before: 80%
- from 10 days to 1 day before: 95%
The lessee reserves the right to prove that the landlord has suffered no or significantly less damage. The conclusion of a travel cancellation insurance is recommended to the Lessee.
6. Termination by the landlord
The landlord may terminate the contractual relationship before the start of the rental period without notice if the lessee, despite prior warning, fails to make the agreed payments (down payment) on time or otherwise behaves in breach of the contract to such an extent that the landlord cannot reasonably be expected to continue the contractual relationship. In this case, the landlord may demand compensation from the lessee for expenses incurred up to the termination and for lost profit.
7. Cancellation of the contract due to extraordinary circumstances
The rental contract may be terminated by either party if the fulfillment of the contract is significantly impeded, endangered or impaired as a result of force majeure unforeseeable at the time the contract was concluded. Both contracting parties shall be released from their contractual obligations. However, they must reimburse the other contracting party for services already rendered.
8. Duties of the Lessee
8.1 The lessee undertakes to treat the leased property together with its inventory with all due care. The Lessee shall be liable to pay compensation for culpable damage to furnishings, rented rooms or the building as well as the facilities belonging to the rented rooms or the building if and insofar as it was culpably caused by him or his accompanying persons or visitors.
The lessee shall immediately notify the landlord or the contact point designated by the landlord (property management) of any damage occurring in the rented premises, unless the Lessee is obliged to remedy the damage himself.
8.2 The lessee shall be liable to pay compensation for any consequential damage caused by failure to give timely notice. Waste, ashes, harmful liquids and the like may not be thrown or poured into sinks, sinks and toilets. If blockages occur in the sewage pipes due to non-observance of these regulations, the party causing the blockage shall bear the costs of repair.
8.3 In the event of any malfunctions in the equipment and facilities of the rental object, the Lessee shall be obliged to do everything reasonable to contribute to the elimination of the malfunction or to minimize any damage that may arise.
8.4 The Lessee is obliged to notify the Landlord or, if applicable, the property management immediately of any defects in the leased property. If the Lessee fails to make this notification, he shall not be entitled to any claims for non-performance of the contractual services (in particular no claims for a reduction in rent).
8.5 The apartments are equipped with floor heating. The control takes place for all rooms individually via wall thermostats of the levels 1 (low) to 6 (high). Unlike simple radiators, underfloor heating requires a lead time of several hours, depending on fluctuations in the outside temperature. Tenants are required to plan for this. Do not tilt windows or leave them open for long periods during heating periods.
8.6 On the day of departure, personal belongings are to be removed by the Lessee, household waste is to be disposed of in the designated containers, dishes are to be stored clean and washed in the kitchen cabinets.
9. Liability of the landlord
The landlord is only liable for the timely delivery of the rental property, but not for equipment and other description features of the vacation home, which may change. The liability of the landlord for property damage in tort is excluded, unless they are based on an intentional or grossly negligent breach of duty by the landlord or his vicarious agent. The lessor is also not liable in cases of force majeure (e.g. fire, flood, etc.).
10. Animal husbandry
The house Zugspitzerei is allergy friendly oriented. Animals, especially dogs, cats and the like are not allowed in the house.
11. Amendments to the contract
Subsidiary agreements, amendments and supplements to the contract as well as all legally relevant declarations must be made in writing.
12. House rules
12.1 Lessees are requested to show mutual consideration. In particular, disruptive noises, namely loud door throwing and such activities that annoy the other lessees by the resulting noise and affect the domestic tranquility, are to be avoided. Radio, television and hi-fi equipment must be set to room volume only.
12.2 Smoking is only permitted in the outdoor area. The use of ashtrays is mandatory. Open fires are prohibited in the building and on the property. Likewise, the use of candles is prohibited throughout the building due to the risk of fire.
12.3 The use of the wellness area and in particular the sauna, especially during the validity of the Corona protection measure, shall only take place after pre- booking.
Upon receipt of the access codes for Internet (LAN and W-LAN, hereinafter W/LAN), the Lessee accepts the general guidelines of the DTV for the use of Internet:
13.1 The landlord has equipped the vacation apartments with W/LAN Internet access. He allows the Lessee for the duration of his stay a shared use of the W/LAN access to the Internet. The shared use is a service of the landlord and is revocable at any time. The lessee does not have the right to allow third parties to use the W/LAN. The Landlord does not guarantee the actual availability, suitability or reliability of the Internet access for any purpose. He shall be entitled at any time to discontinue the operation of the W/LAN in whole, in part or temporarily, to admit further co-users and to restrict or exclude the access of the Lessee in whole, in part or temporarily. In particular, the Landlord reserves the right, at its own discretion and at any time, to block access to certain pages or services via the W/LAN (e.g. pages glorifying violence, pornographic pages or pages for which a fee is charged).
13.2 The use takes place by entering user name and password. The access data (user name and password) are intended for the personal use of the Lessee only and may not be disclosed to third parties under any circumstances. The Lessee undertakes to keep his access data secret. The lessor has the right to change access codes at any time.
13.3 The Lessee is informed that the W/ LAN only allows access to the Internet, virus protection and firewall are not available. The data traffic established using the W/LAN is not encrypted. The data can therefore possibly be viewed by third parties. The landlord expressly points out that there is a risk that malware (e.g. viruses, Trojans, worms, etc.) may get onto the end device when using the W/LAN. The use of the W/LAN is at the lessee's own risk. The landlord assumes no liability for damage to the end device of the lessee caused by the use of the Internet access, unless the damage was caused by the landlord intentionally or grossly negligent.
13.4 The lessee shall be responsible for the data transmitted via the W/LAN, the chargeable services used via the W/ LAN and legal transactions made. If the Lessee visits chargeable websites or enters into liabilities, the resulting costs shall be borne by the lessee. He is obliged to comply with the applicable law when using the W/LAN. In particular, he shall: neither use the W/ LAN to retrieve nor to disseminate immoral or illegal content; not unlawfully reproduce, disseminate or make accessible any copyrighted goods; observe the applicable youth protection regulations; not send or disseminate any harassing, defamatory or threatening content; not use the W/LAN to send mass messages (spam) and / or other forms of unauthorized advertising. The Lessee shall indemnify the Landlord against all damages and claims of third parties which are based on an illegal use of the W/LAN by the Lessee and / or on a violation of this Agreement; this shall also extend to costs and expenses associated with the claim or its defense. If the Lessee recognizes or must recognize that such an infringement of rights and / or such an infringement exists or is imminent, he shall inform the Landlord of this circumstance.
14. Choice of Law, Place of Performance and Jurisdiction
14.1 German law shall apply. Place of performance is Grainau. The local court Garmisch-Partenkirchen shall be responsible for all disputes arising from this contractual relationship.
14.2 For legal actions of 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 place of residence or habitual abode abroad after conclusion of the contract or whose place of residence or habitual abode is not known at the time the action is brought, the place of residence of the landlord is agreed as the exclusive place of jurisdiction.
14.3 There is no participation in extrajudicial dispute resolution proceedings before a consumer arbitration board. In accordance with the statutory provisions, the link to the EU Commission's platform for online dispute resolution must be provided regardless of this: https://webgate.ec.europa.eu/odr