– Status: 1 January 2014
– Schwarzwald Chalets Freudenstadt
– Tina Schlör, Zeppelinstr. 2, 72250 Freudenstadt, Germany
– hereinafter referred to as “Schwarzwald Chalets”
1. scope of application
1.1 The following general terms and conditions apply to contracts for the provision of holiday flats and holiday homes in return for payment as well as all other services and deliveries provided to the guest by Schwarzwald Chalets.
1.2 Deviating provisions, including general terms and conditions of the guest, shall only apply if this has been expressly confirmed or agreed in writing in advance. When booking via booking platforms (e.g. booking.com), the booking conditions listed there shall apply, which may deviate from the regulations listed here, in particular with regard to cancellation and payment conditions.
2. Conclusion of the contract
2.1 The accommodation contract is concluded when the guest submits an application (booking request) which is accepted by Schwarzwald Chalets. Acceptance is effected by confirmation of the booking. Confirmation of the booking can be made in writing by letter, fax or e-mail.
2.2 If the booking is made by a third party on behalf of the guest, the third party shall be liable to Schwarzwald Chalets together with the guest as joint and several debtors for all obligations arising from the accommodation contract, provided that Schwarzwald Chalets has received a corresponding declaration from the third party.
2.3 In addition to § 70 l et seq. BGB, the general law of the general law of obligations of the BGB shall apply.
2.4 The transfer of the rooms provided and their use for purposes other than accommodation require the prior written consent of Schwarzwald Chalets.
3 Prices and services
3.1 Schwarzwald Chalets is obliged to provide the accommodation units booked by the guest in accordance with these general terms and conditions and to provide the agreed services.
3.2 The guest is obliged to pay the prices of Schwarzwald Chalets applicable or agreed for the provision of the accommodation and the other services used by the guest. This shall also apply to services and expenses of Schwarzwald Chalets vis-à-vis third parties arranged by the guest or the customer.
3.3 The agreed prices include the respective statutory value added tax.
3.4 The prices may be changed by Schwarzwald Chalets if the guest subsequently requests changes to the flat booked, the services provided by Schwarzwald Chalets or the length of stay of the guests and Schwarzwald Chalets agrees to this.
3.5 Invoices from Schwarzwald Chalets are payable immediately upon receipt without deduction.
3.6 Schwarzwald Chalets is entitled to demand a reasonable advance payment upon conclusion of the contract or thereafter. As a rule, this amounts to 25% of the booking costs and must be paid within 7 days of the conclusion of the contract. The amount of the advance payment and its due date may be agreed in writing in the contract. Schwarzwald Chalets shall also be entitled at any time to call in debts accrued during the Guest’s stay by issuing an interim invoice and to demand immediate payment.
3.7 The guest may only offset or reduce a claim by Schwarzwald Chalets with a claim that is undisputed or has been legally established.
4. Services not used, cancellation, withdrawal by the guest
4.1 Schwarzwald Chalets grants the guest the right to withdraw from the contract at any time. The following provisions shall apply:
• In the event that the guest withdraws from the booking, Schwarzwald Chalets shall be entitled to reasonable compensation.
• The guest may cancel the booking in writing. Cancellation of a booking is possible up to 30 days before arrival for a fee of 85 euros. In the event of cancellation 29 days or more prior to arrival or in the event of a no-show, Schwarzwald Chalets will charge 90% of the agreed rental price (excluding visitor’s tax), provided that a further short-term rental is not possible, which Schwarzwald Chalets will endeavour to arrange by activating it on the booking platforms. With regard to this possible case, the guest is recommended to take out travel cancellation insurance.
The guest is at liberty to prove that Schwarzwald Chalets has not suffered any loss or that the loss suffered by Schwarzwald Chalets is lower than the compensation lump sum claimed.
4.2 The above provisions on compensation shall apply accordingly if the Guest does not make use of the booked flat or the booked services without informing Schwarzwald Chalets in good time.
4.3 The right to compensation does not apply if Schwarzwald Chalets has granted the guest an option in the contract to withdraw from the contract within a certain period of time without further legal consequences. The timeliness of the notice of withdrawal shall be determined by its receipt by Schwarzwald Chalets. The guest must declare the withdrawal in writing.
5 Withdrawal by Schwarzwald Chalets
5.1 If the guest has been granted the right to withdraw from the contract free of charge in accordance with clause 4.3, Schwarzwald Chalets is also entitled to withdraw from the contract within the agreed period of time if there are enquiries from other guests about the flats booked and the guest does not finally confirm the booking when asked by Schwarzwald Chalets.
5.2 If an advance payment agreed in accordance with clause 3.6 is not made within the period set for this purpose, Schwarzwald Chalets shall also be entitled to withdraw from the contract.
5.3 This does not affect the right to withdraw from the contract for good cause. It exists in particular if:
• force majeure or other circumstances beyond the control of Schwarzwald Chalets make it impossible to fulfil the contract;
• flats are booked under misleading or false statements of material facts, e.g. regarding the person of the guest or the purpose;
• Schwarzwald Chalets has reasonable grounds to believe that the use of the accommodation service may jeopardise the smooth running of the business, the safety or the reputation of the accommodation business in public, without this being attributable to the control or organisational sphere of Schwarzwald Chalets;
• there is an unauthorised disclosure in accordance with clause 2.4;
• Schwarzwald Chalets becomes aware of circumstances where the financial circumstances of the guest have deteriorated significantly after the conclusion of the contract, in particular if the guest fails to pay claims due to Schwarzwald Chalets or fails to provide sufficient security and therefore claims for payment by Schwarzwald Chalets appear to be at risk;
• the guest has filed an application for the opening of insolvency proceedings against his/her assets, has made an affidavit in accordance with Section 807 of the German Code of Civil Procedure (Zivilprozessordnung), has initiated extrajudicial proceedings for the settlement of debts or has suspended payments;
• insolvency proceedings have been opened against the guest’s assets or the opening of such proceedings has been rejected for lack of assets or for other reasons.
5.4 Schwarzwald Chalets shall inform the guest immediately in writing of the exercise of the right of withdrawal.
5.5 In the aforementioned cases of withdrawal, the guest shall not be entitled to compensation.
6 Arrival and departure, handover, use
6.1 Booked flats are available to the guest from 15:00 on the agreed day of arrival. The guest has no right to earlier availability.
6.2 On the agreed day of departure, the flats must be vacated and made available by 10:30 a.m. at the latest. After this time, Schwarzwald Chalets may charge the guest the daily rate for the additional use of the flat in addition to any loss incurred as a result. The guest is at liberty to prove to Schwarzwald Chalets that he/she has suffered no loss or a considerably lower loss.
6.3 Schwarzwald Chalets shall hand over the accommodation units to the guest in a clean and contractually compliant condition. If there are any defects upon handover, the guest shall declare this to Schwarzwald Chalets without delay. Otherwise, the accommodation shall be deemed to have been handed over in perfect condition.
6.4 Pets may only be brought into the accommodation with the prior consent of Schwarzwald Chalets. If consent is given, this is on condition that the pets are supervised at all times, are house-trained and free from disease and that they do not pose a danger or nuisance to other guests.
6.5 Smoking is not permitted inside the flats.
6.6 The guest is obliged to treat the rented guest rooms including inventory with care. The guest is liable for culpable damage caused by him or his fellow travellers or guests to the inventory/furnishings.
7.1 Schwarzwald Chalets shall be liable in cases of intent or gross negligence in accordance with the statutory provisions. In cases of slight negligence, Schwarzwald Chalets shall only be liable for injury to life, body or health or for breach of essential contractual obligations. However, the claim for damages for the slightly negligent breach of essential contractual obligations shall be limited to the foreseeable damage typical for the contract, unless liability is assumed for injury to life, body or health. The organiser shall be liable to the same extent for the fault of vicarious agents and representatives.
7.2 The provision of the preceding paragraph (7.1) extends to damages in addition to performance, damages in lieu of performance and claims for compensation for futile expenses, irrespective of the legal grounds, including liability for defects, delay or impossibility.
7.3 Insofar as a parking space for a car is made available to the guest, Schwarzwald Chalets shall have no duty of supervision unless this has been agreed individually in writing in a safekeeping agreement.
7.4 Messages, mail and consignments of goods for guests will be handled with care. Schwarzwald Chalets will take care of the delivery, safekeeping and – on request – forwarding of the same for a fee, as well as for lost property on request. Claims for damages, except for gross negligence or intent, are excluded. Schwarzwald Chalets is entitled to hand over the aforementioned items to the local lost property office after a period of storage of no more than one month.
7.5 The statute of limitations for the guest’s claims shall be in accordance with the statutory provisions.
8. Final provisions
The law of the Federal Republic of Germany shall apply. The place of payment, place of performance and place of jurisdiction is Freudenstadt. Should any individual provision of these GTC become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall then be replaced by a provision that comes closest to the intended economic purpose of the invalid provision
Freudenstadt, 1 January 2014
Schwarzwald Chalets Freudenstadt, signed Tina Schlör