Terms of Service

 Guest reception conditions for accommodation services



  • §1 Conclusion of the guest accommodation contract
  1. The guest accommodation contract is binding when the accommodation is ordered and confirmed or made available at short notice.
  2. Bookings can be made verbally, in writing, by telephone, fax or email. In the interests of the contracting parties, the written form should be chosen.
  3. The booking is made by the booking guest also for all persons listed in the booking, for whose contractual obligations the booking guest is responsible as for his own obligations, provided that he has assumed a corresponding separate obligation by express and separate declaration.
  4. The guest accommodation contract applies directly to direct bookings, but also to bookings via the website (www.gut-mischenried.de) and via booking portals. This guest accommodation contract supplements all other concluded contracts with the provisions that cannot be found in them.
     
  • §2 Services, prices and payment
  1. The services owed by the accommodation provider arise exclusively from the booking offer in conjunction with the information on the homepage or on the corresponding booking portal.
  2. The prices stated on our price lists are final prices and include all additional costs unless otherwise agreed. In addition, the initial supply of bed linen and an initial supply of hand and bath towels are included, unless otherwise agreed. Fees for optional or other additional services (e.g. leisure activities, rental service, etc.) may apply and be shown separately. If the contracting parties have expressly agreed on consumption-based billing or additional services (e.g. change of bed linen and towels, interim cleaning, final cleaning), which the tenant is free to use, these additional costs can be invoiced separately.
  3. The full price must be paid immediately upon receipt of the invoice.
  4. If payment is not made on time, the accommodation provider is entitled, after an unsuccessful reminder, to withdraw from the contract and charge the guest with cancellation costs in accordance with Section 5 No. 3.
  5. The agreed price for optional or other additional services is due on the day of arrival, unless otherwise contractually agreed.
     
  • §3 Deposit

If the contracting parties have agreed on a deposit, the tenant will pay the landlord security for the furnishings and equipment provided in the amount of EUR 300. The deposit must be paid when the key is handed over and does not bear interest. It will be repaid at the end of the rental stay after the holiday apartment has been properly handed over.
 

  • §4 Rental period
  1. On the day of arrival, the landlord will make the rental property available to the tenant in a contractually agreed condition from 3 p.m. In exceptional cases also later.
  2. On the day of departure, the tenant will hand over the rental property to the landlord in a swept-clean condition by 10 a.m. at the latest.
     
  • §5 Resignation
  1. The conclusion of the guest accommodation contract obliges both contractual partners to fulfill the contract, regardless of the duration for which the contract is concluded. A unilateral, free withdrawal by the guest from a binding booking is generally excluded.
  2. If the guest nevertheless withdraws from the contract, he is obliged to pay the agreed or customary price, regardless of the time and reason for the withdrawal. However, the owner of the accommodation business must allow any expenses saved, which he must make every effort in good faith, to be offset against the fulfillment claim.
  3. The owner of the accommodation business has staggered this claim for compensation in the following amount (in each case in % of the agreed accommodation price):

Cancellation up to the 7th day before the start of the rental period: 0% of the total travel price
afterwards and in the event of no-show: 100% of the total travel price

  1. The owner of an accommodation business must, in good faith and in good faith, rent unused accommodation to someone else and must have the resulting savings offset against the cancellation fee claimed by him.
  2. The guest reserves the right to prove that the accommodation provider suffered no damage or significantly less damage.
  3. The declaration of withdrawal must be addressed to the accommodation provider and should be made in writing in the interest of the guest.
  4. Taking out travel cancellation insurance is strongly recommended.

  • §6 Right of termination
  1. There is no right to ordinary termination.
  2. Both contractual parties can terminate the contractual relationship without notice and for good cause in accordance with Section 543 of the German Civil Code (BGB) or under the conditions of Section 569 of the German Civil Code (BGB).
  3. An important reason exists for the accommodation provider in particular if the guest uses the accommodation in breach of contract (significant breach of contract) or disregards the house rules. In the event of a significant breach of contract, the accommodation provider must give the guest a short deadline to remedy the situation or warn them, unless this is not promising or there are exceptional reasons that justify waiver. In this case, the accommodation provider can demand compensation from the guest for the expenses incurred up to the termination and the lost profit (see Section 5 Paragraph 2 and 3).
  4. The accommodation provider also has a right of withdrawal or a right to extraordinary termination if the guest does not make the agreed payments (down payment, final payment and deposit) on time despite a prior reminder. In this case, the accommodation provider can demand compensation from the guest for the expenses incurred up to the termination and the lost profit (see Section 5 Paragraph 2 and 3).
  5. An important reason exists for the guest in particular if the accommodation provider does not grant the guest the contractual use of the holiday apartment/holiday home.
  6. A cancellation by the host towards one of the guests applies to all of his fellow travelers; the cancellation can also be given to a fellow traveler and remains valid for the entire travel group.
  7. Otherwise, the legal regulations regarding the right to extraordinary termination without notice apply.
  8. Use of the premises as a brothel is excluded and will result in termination without notice.
     
  • §7 Defects in the accommodation service
  1. The accommodation provider is liable for the proper provision of the contractually agreed service.
  2. If the rented accommodation has a defect that goes beyond a mere inconvenience, the guest must immediately report the defect to the owner of the accommodation establishment or his representative in order to enable the accommodation establishment to remedy the defects. If the guest fails to provide this notification, he or she is not entitled to any claims due to non-fulfillment of the contractual services.
     
  • §8 Liability
  1. The accommodation provider's contractual liability for damages that are not physical injuries is limited to three times the price of the agreed service, unless the damage is due to a grossly negligent or intentional breach of duty or an intentional or negligent violation of the accommodation provider's typical contractual obligations. This is the same if the guest's damage is due to the fault of a legal representative or vicarious agent of the accommodation provider.
  2. The accommodation provider is liable for items brought in by the guest in accordance with the statutory provisions (§§ 701 ff BGB).
  3. The accommodation provider is not liable for service disruptions in connection with services that are merely arranged as third-party services (e.g. sporting events, theater and concert visits, exhibitions, etc.) and that are expressly marked as third-party services.
     
  • §9 Duties of the guest
  1. The guest undertakes to treat the accommodation and its inventory with all care. The guest is liable to pay compensation for culpable damage to furnishings, accommodation rooms or the building as well as the facilities belonging to the accommodation or building if and to the extent that it was culpably caused by him or his accompanying persons or visitors.
  2. The guest undertakes to comply with the general ban on smoking within all rooms in the house.
  3. The guest must immediately report any damage caused to the accommodation to the accommodation provider unless he is obliged to repair it himself. The guest is liable to pay compensation for any consequential damage caused by failure to report in a timely manner.
  4. Waste, ashes, harmful liquids, coffee grounds, tampons, sanitary napkins and the like may not be thrown or poured into sinks, sinks and toilets. If blockages occur in the sewage pipes due to non-compliance with these regulations, the person responsible will bear the costs of the repair.
  5. If any malfunctions occur in the accommodation's facilities and facilities, the guest is obliged to do everything reasonable to help resolve the malfunction or to minimize any damage that may arise.
  6. The guest undertakes to comply with the maximum occupancy. If the guest exceeds the maximum occupancy agreed in the accommodation contract, the accommodation company is entitled to extraordinary termination without notice. In this case, the guest must pay the accommodation provider the agreed or usual price including the meal portion (see Section 5 Paragraph 2). However, the owner of the accommodation business must have any expenses saved offset against the fulfillment claim.
  7. The guest undertakes not to rent out the apartment or to make it available to third parties for a fee.
     
  • §10 Internet connection usage agreement
     
  1. The use of the wireless Internet access (WLAN) provided is free of charge for the guest and his fellow travelers. The access data and internet access are only available to the guest and his fellow travelers for the duration of the booking. Internet access via this connection represents a service that can be revoked at any time.
  2. The guest may not allow third parties access to this connection.
  3. The host reserves the right to block certain pages and ports (blacklisting), in particular to prevent illegal use.
  4. The guest is responsible for the data transmitted by him and his fellow travelers, transactions concluded and any costs incurred.
  5. The host is exempt from third-party claims that arise from the unlawful use of the Internet connection or a violation of this agreement by the guest or his fellow travelers. The guest must bear all costs resulting from illegal behavior or behavior that violates this agreement.
  6. The guest and his fellow travelers must adhere to applicable law when using the facility. Furthermore, the use of the connection is subject to the following restrictions:
  • Immoral or illegal content may not be used or distributed.
  • Goods protected by copyright may not be reproduced, distributed and/or made accessible without permission.
  • The applicable youth protection regulations must be observed.
  • Harassing, defamatory or threatening content, as well as mass emails (spam) and any forms of unauthorized advertising may not be sent.
     
  • §11 Pets

Animals, especially dogs, cats and the like, may only be kept or temporarily stored in certain holiday apartments with the express permission of the accommodation provider. Permission is only granted in individual cases for the “Apple” and “Beech” apartments. It can be revoked if inconveniences occur. The guest is liable for all damage caused by keeping animals within the scope of the legal regulations.

Outside the holiday apartments, dogs must be kept on a leash without exception.

 

  • §12 Statute of limitations

With regard to the limitation period for mutual claims of the guest and the accommodation provider, the relevant standards of the German Civil Code (BGB) apply.
 

  • §13 Choice of law and place of jurisdiction
  1. German law applies.
  2. The place of jurisdiction for complaints by the guest against the accommodation provider is exclusively the registered office of the accommodation provider.
  3. For lawsuits by the accommodation provider 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 usual place of residence abroad after the conclusion of the contract or whose place of residence or usual place of residence at the time of If the lawsuit is not known, the registered office of the accommodation establishment is agreed as the exclusive place of jurisdiction.