GENERAL TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS

The holiday apartment fuessen called Favorite Place Fuessen and in german Lieblingsplatz Füssen. We will love this wonderful place with your family & friends.

The following conditions apply for the rental of the Lieblingsplatz-Füssen vacation home, Schrannengasse 6 in 87629 Füssen. They regulate the legal relationship between the guest and lessor.

1. Conclusion of the booking and the rental contract:

The rental contract is considered to be concluded when the provision of the vacation home has been ordered by the guest and confirmed in writing by the lessor/manager.

The lessor/manager sends the booking confirmation to the guest in writing by email, in exceptional cases also by post. 

With the sending of the written booking confirmation, the booking is binding for both parties and a valid contract has been concluded. The control/check of the incoming mail (incl. spam filter) is the responsibility of the recipient of the booking confirmation.
 

2. Rent-payment conditions:

The deposit amount stated in the booking confirmation in the amount of 20% is to be paid within 7 days after the date of issue of the booking confirmation or the period stated therein, and the remaining amount including the deposit is to be paid to the indicated lessor/manager account no later than 30 days before arrival.

If the start of the rental period begins in less than 30 days, the entire rental price plus deposit is due immediately. The deposit will be refunded to the tenant after the end of the rental period, provided that no damage occurred to the vacation home or inventory.

In the event of early departure by the guests for which the lessor is not responsible, the total amount agreed in the contract remains due. A refund of the partial amount over the unused days will not be made.

The agreed prices include the respective statutory VAT as well as initial supplies: Bed linen and towel set consisting of 1 x hand towel, 1 x shower towel, 1 x guest towel and 1 x sauna towel according to the number of persons, 4 x tea towels, 1 x final cleaning as well as incidental expenses such as insurance, electricity, water, heating.

3. Withdrawal/cancellation conditions:

Tenants may withdraw from or terminate the contract in writing at any time.
The lessor will make every effort to find a replacement tenant. If this succeeds or if the tenant provides a replacement, the original tenant will be refunded the deposit less a processing fee of € 30.
If no replacement tenant can be found before the agreed start of the rental period, the original tenant is obliged to pay compensation to the lessor, taking into account the saved expenses for the following pro-rata rents (excluding final cleaning, ancillary costs and bookable additional options).

Here, the compensation is staggered as follows:

– Cancellation 50 days before the start of the rental: 20% of the rental price

– Cancellation 35 days before the start of the rental: 40% of the rental price

– Cancellation 14 days before the start of the rental: 80% of the rental price

– Cancellation 7 days before the start of the rental period: 95% of the rental price

– Cancellation 3 days before the start of the rental period: 100% of the rental price

Decisive for calculating the aforementioned deadlines for the payment of compensation is the receipt of the notice of termination by the lessor.

To avoid the risk of significant financial losses, the conclusion of travel cancellation insurance is recommended.

The aforementioned cancellation conditions also apply to bookings made at short notice.

The transfer of the vacation home at the same rental times and conditions to another tenant is in principle possible for a fee of € 30. The prerequisite for this, however, is that there are no facts giving rise to doubts on the part of the substitute tenant that would cause the lessor to reject this person.

A transfer of the rental service in the booked object to another date than the booked date is possible for a fee of € 15 as long as the desired new date is still available without restrictions, i.e. no other interested party is available for the new preferred date.

In this case, the difference to the possibly higher seasonal rental price in this period is to be paid by the renter. In the opposite case, a refund of the possibly lower rental price in the new period is excluded.

A subsequent shortening of the duration of the rental service is equivalent to a partial cancellation; in this case, the aforementioned cancellation conditions apply with the proviso that the cancellation fees are only charged on the canceled rental service (pro-rata calculation).

In the event that guests’ departure is not possible due to a short-term official restriction in the region, such as a Covid 19 ban on accommodation or due to force majeure (flood, fire, earthquake, etc.), the lessor will refund the tenant the full payment made on the total rental price.

4. Check-in:
The arrival times are usually from 3 p.m. to 8 p.m. but can also be agreed upon individually. An arrival time is agreed in advance in writing or by phone with each other. In case of delays or changes to the agreed arrival time on the part of the guest, we ask for timely consultation. If the tenant has neither arrived nor reported by 8 p.m., the lessor/manager has the right to release the cottage for a replacement rental in accordance with paragraph 3. in the sense of minimizing damage.

5. Check-out:

On the day of departure, personal belongings are to be removed by the tenant, household waste is to be disposed of in the bins provided, dishes are to be stored clean and washed in the kitchen cupboards.
The “Checklist before departure”, which is provided by the lessor/manager in the guest information folder to the guest in the vacation home, must be observed. The house must be vacated, swept clean and properly handed over by 10 a.m. The check-out is performed independently by the guest, and the departure is to be communicated to the lessor/manager by phone or mail/message. If a personal handover with the lessor/manager is required, this must be agreed in good time.

If the vacation home is not vacated at the agreed check-out time, the guest bears any further costs incurred. Depending on the time of vacating, this includes fees for longer use of the vacation home incl. electricity, water costs, etc. as well as service fees for a later check-out and delayed house cleaning. It further includes claims for damages in case of untimely provision for the next guests and possible rebooking fees for other guests.

6. Duties of the tenant/damage report/liability:

The vacation home is handed over by the lessor in a neat and clean condition with complete inventory – in accordance with the inventory list. The tenant agrees to handle the rental property, including all furniture and other objects/inventory in the house, with care and instruct any visitors to do the same.

It is particularly important to ventilate the house regularly and to keep it free of vermin. The inventory is only intended for use within the rented property. Moving furnishings, especially beds, closets and sofa is prohibited. The disposal of waste, harmful liquids and the like in sinks, washbasins, showers and toilets is expressly forbidden. If blockages occur in the wastewater pipes due to non-observance of these regulations, the party causing the blockage shall bear the costs of repair/removal.

If mishaps such as damage to the rental property and/or its inventory occur during the rental relationship, the tenant must report this immediately to the lessor/manager for the purpose of preventing further harm and repair. This applies in particular to red wine stains or the like on the natural oak plank floor.
As a precautionary measure, walking on the upper floors with street shoes is not permitted for hygiene reasons and to protect the oak floors.
Defects and damages already identified upon arrival must be reported immediately to the lessor/manager, otherwise the tenant is liable for these damages. A reasonable period of time must be allowed for the elimination of damage and defects.

Claims arising from complaints that are not reported immediately on site shall be excluded. Complaints received by the lessor only at the end of the stay or after leaving the vacation home are also exempt from compensation.

In the event of any service disruptions, the tenant is obliged to do everything reasonable within the scope of his legal obligation to contribute to the elimination of the disruption and keep any damage that may have occurred to a minimum.

The tenant is liable for damage to the rental property, the inventory, e.g. broken dishes, damage to the floor, or to the furniture caused by violation of the duties of care and diligence incumbent upon him/her – culpably by him/her, by equipment operated by him/her (e.g. electrical appliances), by his/her vicarious agents or by persons who are in the rental property with the knowledge and intent of the tenant.

The lessor hereby assigns to the tenant his claims against the party responsible for such damage to the extent that the tenant pays compensation to the lessor. We recommend obtaining private liability insurance to cover any possible damage.

7. Compliance with the house rules, terms of use for WLAN:

The tenants agree to observe the house rules and terms of use of the vacation home’s guest WLAN. Both documents are sent with the booking confirmation and can be found in advance on our website.

In case of violation and/or complaints about disturbing noise from the rental property, the lessor reserves the right to terminate the rental agreement if a warning is issued without result and to claim damages.

Violations by the tenant against the ban on smoking and pet animals entitle the lessor/manager to charge a corresponding service surcharge for increased cleaning of at least € 150.

8. Number of people in the vacation home:

Only the persons specified in the booking confirmation may live/stay in the house. Exceptions and/or changes must be notified to the lessor in advance. Subletting and the transfer of the rental property to third parties is not allowed. The rental contract may not be passed on to third parties.
In case of violations, the landlord reserves the right to terminate the vacation home rental contract without notice and without any right to reimbursement on the part of the tenant.

9. Data privacy:

The lessor collects personal data of the guest/guests. This data is required for processing the conclusion and execution of the rental contract for the vacation home booked by the guest and processed and used exclusively for these purposes in accordance with the applicable legal provisions, in particular the German Bundesdatenschutzgesetz (Federal Data Protection Act). The collected data is not passed on unless otherwise explicitly agreed.

10. Special requests and additional agreements:

These are possible in principle. They require written confirmation by the lessor.

11. Miscellaneous:

These terms and conditions are intended to avoid misunderstandings and ensure an orderly rental relationship.

With the dispatch of the booking confirmation to the future guest by the lessor/manager and not contradicting this within a period of 3 days, the guest accepts these terms and conditions. Checking incoming mail (including the spam folder) is the responsibility of the recipient.

Should any of the above provisions be or become invalid, 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 intentions of the contracting parties.

German law shall apply. The place of jurisdiction and performance is the place of residence of the lessor.

If you have any questions, please do not hesitate to contact us.

We wish you a wonderful stay and relaxing days in Füssen.

Family Schaub-Settele

5 Star Holiday apartment Fuessen

holiday apartment fuessen
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