1. SCOPE

1.1. Between the accommodation business “KLEINE BLEIBE”, owner: Fröhlich Hellmann GbR (hereinafter the Provider), and the contracting party (hereinafter the Customer), it is agreed that these General Terms and Conditions apply exclusively to all contracts and other services. Deviating, conflicting or supplementary agreements do not become part of the contract, even if known, unless their validity is expressly agreed to in writing.

1.2. Definition: Essential contractual obligations are those obligations that protect legal positions of the Customer that are essential to the contract and that the contract, according to its content and purpose, is specifically intended to grant to the Customer. Essential are also those contractual obligations whose fulfilment is what makes proper performance of the contract possible in the first place and on whose observance the Customer regularly relies and may rely.

2. CONCLUSION OF CONTRACT

2.1. Offers contained in brochures, advertisements and the like are always subject to change and non-binding. The Customer’s booking constitutes the offer.

2.2. The contract is concluded when the Provider sends the booking confirmation by email.

2.3. All agreements made between the Provider and the Customer for the purpose of performing this contract must be in writing.

3. SERVICES

The booking confirmation alone determines the scope of the services contractually owed by the Provider.

4. PRICES

4.1. The prices stated in the booking confirmation are final prices and include all additional costs, unless expressly agreed otherwise. Tourist tax or tourism levies, as well as charges for services for which consumption-based billing is stated in the booking basis or separately agreed, and for optional and additional services, may be charged and shown separately.

4.2. The prices include statutory value added tax.

4.3. Upon conclusion of the contract, 50% of the agreed price becomes due for payment. Unless otherwise agreed, the deposit must be paid to the Provider within 10 days of receipt of the booking confirmation. The Provider is entitled to demand immediate payment from the Customer upon use of the contractual services (arrival) or at a later point in time. The remaining amount (50%) must be transferred to the Provider by 4 weeks before arrival.

4.4. The Provider is entitled to demand from the Customer, upon conclusion of the contract, an appropriate deposit or security in the form of a credit card guarantee, an advance payment or the like.

5. WITHDRAWAL BY THE CUSTOMER (CANCELLATION) / NON-USE OF THE PROVIDER’S SERVICES (NO SHOW)

5.1. The conclusion of the contract obliges both parties to perform it, regardless of the duration for which the contract is concluded. A unilateral, cost-free withdrawal by the Customer from a binding booking is generally excluded.

5.2. A contractual right of withdrawal for the Customer from the contract concluded with the Provider requires an express written agreement between the Customer and the Provider. If a date for cost-free withdrawal from the contract has been agreed in writing between the Provider and the Customer, the Customer may withdraw from the contract up to that date without having to pay the agreed price. The Customer’s right of withdrawal expires if the Customer does not exercise it in writing towards the Provider by the agreed date. The decisive factor is the receipt of the Customer’s withdrawal notice by the Provider.

5.3. If the Customer withdraws from the contract without such a right having been agreed in writing between the parties, the Provider is entitled to the full remuneration, less what is saved as a result of the non-use of the service. The Provider is entitled to calculate the saved expenses to be deducted as a lump sum. The Customer remains free to prove that the Provider incurred no damage or substantially less damage.

5.4. In the event of a withdrawal pursuant to Section 5.3, the Provider may demand a lump-sum remuneration from the Customer as follows:
Cancellation up to 60 days before the start of the service period: 100% of the agreed total price will be refunded.
Cancellation 59 to 30 days before the start of the service period: 50% of the agreed total price will not be refunded.
Cancellation from 29 days up to the start of the service period: 80% of the agreed total price will not be refunded.

5.5. Sections 5.2 to 5.4 do not apply in the event of a breach of the Provider’s duty to have regard for the Customer’s rights, legal interests and interests, if as a result the Customer can no longer reasonably be expected to adhere to the contract.

5.6. Statutory rights of withdrawal remain unaffected by the above provisions.

5.7. If the Customer does not take up the stay at the start of the rental without notifying the Provider, the entitlement to the entire reservation and to a refund of payments already made expires.

5.8. The Customer is recommended to take out travel cancellation insurance.

6. WITHDRAWAL BY THE PROVIDER

6.1. If an agreed advance payment is not made even after the expiry of a reasonable grace period set by the Provider, the Provider is likewise entitled to withdraw from the contract.

6.2. If withdrawal takes place under the preceding section, the Provider is entitled to damages from the Customer in accordance with the rules of Section 5.4. In the case of withdrawal up to 60 days before the start of the service period, there is no entitlement to damages.

6.3. The Provider is further entitled to withdraw from the contract for an objectively justified reason. This applies if:

6.3.1. Force majeure or other circumstances for which the Provider is not responsible make performance of the contract impossible;

6.3.2. Holiday homes are booked under misleading or false statements of material facts, e.g. regarding the identity of the Customer or the purpose of their stay.

7. RIGHTS AND OBLIGATIONS OF THE CUSTOMER

7.1. The Customer is not entitled to allow a third party to use the holiday home(s) made available for their use, and in particular may not sublet it/them. The Customer is not entitled to use the holiday home(s) made available for their use for purposes other than those contractually agreed.

7.2. The Customer is liable for all damage to the rental property caused through their fault. Liability also extends to damage caused by visitors.

7.3. Bringing animals is not permitted. In case of violation, the landlord may charge a cleaning flat fee of up to €200.00 (net).

7.4. A general smoking ban applies throughout the Provider’s premises. In case of violation, the landlord may charge a cleaning flat fee of up to €200.00 (net).

7.5. Quiet hours apply from 10:00 PM to 6:00 AM. During this time, particular consideration for the neighbours is required. To avoid disturbance, audio devices, for example, must be set to room volume.

7.6. The Provider’s house rules must also be observed. They are available on site in the holiday home.

7.7. Internet use is permitted as long as it does not violate statutory provisions. Criminal acts (in particular unlawful downloads or page visits) will be reported and prosecuted. The tenant alone is liable for unlawful use of the internet.

8. PROVISION, HANDOVER AND RETURN OF THE ACCOMMODATION

8.1. The booked holiday home(s) are available to the Customer from 3:00 PM on the agreed arrival day. The Customer has no claim to earlier availability. Arrival after 10:00 PM can be arranged on request.

8.2. On the agreed departure day, the holiday homes must be vacated by 11:00 AM at the latest. An extension of the stay on the departure day is only possible by prior written agreement. The holiday homes must be handed over broom-clean, and movable items, e.g. kitchenware, must be returned clean to the place where they were found.

9. LIABILITY OF THE PROVIDER

9.1. The Provider is only liable for damages in case of fault.

9.2. Fault-based liability is excluded, unless damages from injury to life, body or health and/or other damages based on an intentional or grossly negligent breach of duty by the Provider are claimed, and/or damages based on an intentional or negligent breach of essential contractual obligations by the Provider are claimed. A breach of duty by the Provider is equivalent to a breach by a legal representative or vicarious agent.

9.3. The Provider’s liability irrespective of fault under Section 536a (1) first alternative of the German Civil Code (BGB) is excluded.

9.4. Where the Customer is provided with a space in the house’s own car park, no bailment contract is thereby created. The Provider is not liable for loss of or damage to motor vehicles and bicycles parked or manoeuvred on the property, or their contents, except in cases of intent or gross negligence.

9.5. Any innkeeper’s liability of the Provider for items brought in under Sections 701 et seq. BGB remains unaffected by this provision.

9.6. Claims of the Customer against the Provider arising from the accommodation contract, as well as claims for damages of the Customer, become time-barred after one year. The limitation under Section 548 BGB remains unaffected by this provision.

9.7. Section 9.6 does not apply if gross fault can be attributed to the Provider, in the case of injury to body or health attributable to the Provider or loss of the Customer’s life, or in the case of damage based on an intentional or negligent breach of essential contractual obligations by the Provider.

9.8. Natural impairments / insect infestation
The holiday home is located in a natural setting at the forest edge. Despite proper cleaning and maintenance and appropriate precautionary and protective measures, the occasional occurrence of insects, arachnids, small animals or other naturally occurring pests cannot be completely ruled out. Such occurrences do not constitute a defect of the accommodation within the meaning of the rental or accommodation contract and do not give rise to any claims by the guest for reduction, refund, damages or cost-free cancellation. This applies in particular to isolated animals or insects, provided there is no significant impairment of the contractual use of the accommodation.

10. FINAL PROVISIONS

10.1. The place of performance is the registered seat of the Provider.

10.1.1. The place of payment is the registered seat of the Provider.

10.2. The exclusive place of jurisdiction, also for disputes concerning cheques and bills of exchange, is, in commercial transactions, the registered seat of the Provider.

10.3. The law of the Federal Republic of Germany applies.

10.4. Should individual provisions of the contract with the Customer, including these General Terms and Conditions, be or become wholly or partially invalid, the validity of the remaining provisions shall not be affected. The wholly or partially invalid provision shall be replaced by a provision whose economic effect comes as close as possible to that of the invalid one.

Owner:
Fröhlich Hellmann GbR
Seerobenstraße 24
65195 Wiesbaden

Contact:
0151 202 607 63
hallo@kleine-bleibe.com
www.kleine-bleibe.com