1. GOVERNING LAW
These General Terms and Conditions, hereinafter referred to as the General Terms and Conditions, apply to all contracts for the rental of holiday homes and apartments for accommodation that are concluded between weto Immobilien GmbH and third parties (guests), as well as to all other services and deliveries provided.
The contractual partner of the guest is weto Immobilien GmbH. The customer's general terms and conditions only apply if this has been expressly agreed in writing beforehand.
2. CONCLUSION OF CONTRACTS, RESERVATIONS AND BOOKINGS
By making a reservation or booking, the guest offers to conclude an accommodation contract. If the holiday apartment is available, the guest will receive a booking confirmation from weto Immobilien GmbH. This confirmation creates an accommodation contract between weto Immobilien GmbH and the guest.
Offers from weto Immobilien GmbH with regard to available holiday apartments are subject to change and non-binding. weto Immobilien GmbH is free to refuse to conclude an accommodation contract at its own discretion.
If the guest only books one category in an offered property, the guest has no right to use the accommodation service in a specific apartment/unit. weto Immobilien GmbH reserves the right to impose restrictions that are customary in the industry, such as minimum stays, booking guarantees or down payments for specific travel dates.
3. CANCELLATION PERIODS, WITHDRAWAL AND FAILURE TO USE THE SERVICES (NO SHOW)
A guaranteed booking/reservation is only available once the guest has paid weto Immobilien GmbH. This can be canceled in writing by the guest free of charge in accordance with the stated cancellation conditions and cancellation deadlines, stating the relevant booking number.
The holiday apartment can be canceled free of charge up to 24 hours in advance (up to 3 p.m. on the day before arrival). In case of later cancellation, the guest is obliged to pay 80% of the rental price.
If a right of withdrawal has not been agreed or has already expired (expiry of free cancellation period), there is also no statutory right of withdrawal or termination and weto Immobilien GmbH does not agree to a contract cancellation, weto Immobilien GmbH retains the right to the agreed remuneration despite non-use of the service (no -show) or late cancellation. weto Immobilien GmbH must offset the income from renting the room to other parties and the expenses saved.
If the rooms are not rented elsewhere, weto Immobilien GmbH can make a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay 90% of the contractually agreed price for overnight accommodation.
The customer is free to prove that the aforementioned claim did not arise or did not arise in the required amount. In addition, if the guest does not show up in the case of reservations guaranteed for several days, all further nights will be canceled from the first night and the guest is not entitled to the following nights. In the case of reservations made on the day of arrival, the guest must pay for the stay immediately, usually within one hour.
4. ACCOMMODATION PRICES & OTHER PRICES
The prices shown by weto Immobilien GmbH at the time the contract was concluded shall apply. Applicable and shown prices are gross and include all statutory taxes, fees and charges. Local taxes owed by the guest themselves, such as tourist taxes, are not included and are shown separately.
5. TERMS OF PAYMENT AND INVOICE
The price for the accommodation service booked by the guest must always be paid in advance by the guest. A set-off by the guest is excluded, unless the set-off relates to an undisputed or legally established claim. Accepted means of payment are regular bank transfer.
Cash payment is not accepted. weto Immobilien GmbH reserves the right to debit the stored payment methods with amounts for additional services used or violations of the General Terms and Conditions.
The guest expressly authorizes weto Immobilien GmbH to do this. With a reservation, the guest agrees that the guest will receive his invoice via e-mail.
6. USES OF RESERVED APARTMENTS
A reserved apartment/holiday home is available for the period specified after booking. The keys provided by weto Immobilien GmbH must be left outside the apartment on the day of departure at the storage location (key box) indicated by weto Immobilien GmbH.
If a key is lost or if the key is not handed in, a fee of €40.00 will be incurred. weto Immobilien GmbH is also entitled to demand further compensation from the guest for the resulting damage if the damage exceeds €40.00. This also includes the replacement of the affected locking system if this is necessary for security reasons.
A later departure (late check-out) can be agreed between weto Immobilien GmbH and the guest on request and subject to availability. If weto Immobilien GmbH agrees to the late check-out, weto Immobilien GmbH is entitled to charge €10.00 for each hour started for the additional use of the apartment. If there is no consent, weto Immobilien GmbH is entitled to charge €30.00 for each commenced hour. If you leave more than 3 hours after the originally agreed check-out, the full overnight price of the apartment will be charged if weto Immobilien GmbH has agreed. If there is no consent, the guest owes compensation for the further damage incurred in addition to the full overnight price.
The guest cannot derive a contractual right to a late check-out. An earlier arrival (early check-in) can be agreed between weto Immobilien GmbH and the guest on request and subject to availability. If weto Immobilien GmbH agrees to the early check-in, weto Immobilien GmbH is entitled to charge €10.00 for each hour started for the additional use of the apartment. The guest cannot derive a contractual right to an early check-in.
7. TRANSFER, SUBLET, USE
The guest is expressly prohibited from subletting, reselling and/or brokering the booked apartment. The use of the apartments of weto Immobilien GmbH for purposes other than accommodation is expressly prohibited. In particular, this includes any commercial or illegal use.
The use of the apartments for photo or video recordings is also prohibited without explicit consent. In the event of use for reasons other than accommodation, weto Immobilien GmbH reserves the right to cancel the reservation without refund and to vacate the rental property.
8. LIABILITY
Weto Immobilien GmbH is only liable for damage caused intentionally or through gross negligence. Liability for cardinal obligations in the event of a slightly negligent violation is limited to the damage that is typical for the contract and foreseeable. The exclusion of liability does not apply to injury to life, limb or health. weto Immobilien GmbH is not liable for items brought in by the guest; they are not considered to be items brought in within the meaning of §§701 f.BGB. Any liability of weto Immobilien GmbH according to these regulations is expressly excluded. This expressly also applies to valuables that the guest keeps and/or leaves behind in the holiday home. weto Immobilien GmbH is not liable if the holiday or rental property is adversely affected by force majeure (war, civil unrest, storm surges, epidemics, fire, unforeseen construction noise, bad weather, cold, terrorist acts of violence, etc.).
In such cases, any additional and/or rental costs incurred shall be borne by the guest. In the event of disruptions or defects in the services of weto Immobilien GmbH, weto Immobilien GmbH will endeavor to remedy the situation if the guest complains immediately or if it becomes aware of it. The guest is also obliged to do what is reasonable for him to remedy the disruption or defect and to minimize any resulting damage. In addition, the guest is obliged to inform weto Immobilien GmbH immediately of the possibility of major damage occurring. weto Immobilien GmbH is not liable in the event of loss, theft or damage to the parking space provided on the property and/or by motor vehicles parked or maneuvered.
The guest is obliged to report any damage immediately. Any obvious damage must be reported before leaving the pitch. weto Immobilien GmbH is not liable for damage for which other guests or other third parties are solely responsible.
9. DEPOSIT
In order to secure all claims of weto Immobilien GmbH against the guest resulting from the accommodation contract, weto Immobilien GmbH is entitled to collect the following security payments/deposits from the guest before the apartments are made available: A deposit of €400 is required for stays of two to three months. For stays of three to six months, a deposit equal to one monthly room rate will be charged. If the guest does not pay the deposit/security deposit, he has no right to stay in the apartment. If weto Immobilien GmbH has left the apartment to the guest despite this, weto Immobilien GmbH is entitled to terminate the accommodation contract without notice if the deposit is not paid within a reasonable grace period to be set. weto Immobilien GmbH is obliged to settle the deposit within one month after the end of the accommodation contract.
10. CUSTOMER DATA
Weto Immobilien GmbH collects and records the e-mail addresses and telephone number of the guest to ensure communication. Likewise, weto Immobilien GmbH is entitled to digitally request a valid identification document upon check-in. For domestic guests this is an identity card or passport, for foreign guests it is always a passport. If the identity of a guest cannot be clarified beyond doubt due to missing or incorrect documents, weto Immobilien GmbH is entitled to cancel the booking. weto Immobilien GmbH is entitled to cancel the booking of a guest if the identity of a guest cannot be clarified beyond doubt due to missing or incorrect documents.
11. TERMINATION OF CONTRACTUAL RELATIONSHIP
Weto Immobilien GmbH reserves the right and is entitled to terminate an accommodation contract for good cause. In particular, there is an important reason if:
a) Force majeure or other circumstances for which weto Immobilien GmbH is not responsible make it impossible to fulfill the contract
b) weto Immobilien GmbH has reasonable grounds to assume that the use of the accommodation service can jeopardize either smooth business operations, security or the external impact or image of weto Immobilien GmbH in public, without this affecting the dominant or organizational area of weto Immobilien GmbH c) bookings are culpably made with misleading or incorrect information or with the concealment of essential facts; The identity of the guest, the ability to pay or the purpose of the stay can be essential, but not exclusively
d) the purpose or reason for the stay is illegal or serves residential prostitution
e) In the event of resale or subletting and/or referral (see section 7) weto Immobilien GmbH must inform the guest immediately about the exercise of the right of termination. The guest is not entitled to compensation in the event of justified termination by weto Immobilien GmbH. If weto Immobilien GmbH gave notice of termination due to a circumstance for which the guest is responsible, weto Immobilien GmbH is also entitled to cancel future bookings of the guest, even if they have already been confirmed by weto Immobilien GmbH or to refuse.
12. NO SMOKING
All apartments/holiday flats operated by weto Immobilien GmbH are non-smoking apartments. Smoking in the apartments/holiday flats as well as in common areas in the house is strictly forbidden. This also applies to e-cigarettes, shishas, tobacco heaters and similar devices. Smoking on the balcony is only permitted if it is marked accordingly and the door to the apartment/holiday flat is closed. In the event of an infringement, weto Immobilien GmbH has the right to demand compensation from the guest for the separately necessary cleaning costs, including any loss of revenue from the incident not being reasonable for the apartment to be rented to a minimum of €250.
However, this amount of compensation is to be set higher if weto Immobilien GmbH can prove greater damage. The guest has the option of proving that weto Immobilien GmbH suffered less damage or no damage at all. Tampering with or blocking of emergency exits, fire extinguishers or the fire/house alarm is prohibited. Violations will result in a fine of €200.
This also applies to tampering with or turning off security and decibel sensors within the apartment or holiday home. weto Immobilien GmbH is entitled to cancel an active booking with immediate effect and to evict guests from the house if it becomes aware of violations. In these cases, there is no right to a refund or a partial refund. The guest has the option of proving that weto Immobilien GmbH suffered less damage or no damage at all. In buildings rented by weto Immobilien GmbH, there may be networked smoke detectors that are directly connected to the control center of the fire brigade or a security service. The guest is fully liable for the intentional or negligent triggering of the fire alarm system (e.g. due to a violation of the smoking ban), but at least to the amount of the actual costs incurred (e.g. costs for the fire brigade or security service).
13. PROHIBITION OF PARTIES AND GATHERINGS
In principle, noise should be avoided in the booked apartment, booked holiday home, in the communal areas and on the surrounding area. The night's rest is to be observed from 10 p.m. to 6 a.m.
Parties and gatherings are strictly prohibited in the apartments and holiday homes. In the event of an infringement, weto Immobilien GmbH has the right to demand compensation from the guest for the separately necessary cleaning costs, including any loss of revenue from the incident not being reasonable for the apartment to be rented out to the amount of €500. This does not affect the right to further compensation.
The guest has the option of proving that weto Immobilien GmbH suffered less damage or no damage at all. weto Immobilien GmbH is entitled to cancel an active booking with immediate effect and to expel guests from the house. In these cases, there is no right to a refund or a partial refund. The guest has the option of proving that weto Immobilien GmbH suffered less damage or no damage at all. weto Immobilien GmbH reserves the right to use the services of a third party, such as a security service, to enforce house rights. Any costs incurred as a result of any intervention by a third party will be passed on to the guest.
14. DAMAGE OR UNAUTHORIZED REMOVAL OF INVENTORY
If damage occurs during the accommodation beyond the contractual use or if inventory is removed from the unit without authorization, weto Immobilien GmbH is entitled to compensation, which in particular includes the expenses for remedying the damage, including any loss of sales resulting from an impossible rental of the apartment, legal costs plus a handling fee of €50 for such a claim. The guest has the option of proving that weto Immobilien GmbH suffered less damage or no damage at all.
15. PETS
(Pet) animals are not permitted in the apartments and holiday homes. Exceptions are guide dogs, deaf dogs and other comparable service dogs. These may be carried free of charge and at any time against proof. The corresponding proof must be submitted to weto Immobilien GmbH before check-in. weto Immobilien GmbH is entitled to make further exceptions to the aforementioned principle. The guest has no claim to this. If a pet stays in a unit without permission, weto Immobilien GmbH will charge a flat rate of €150 for a special cleaning fee. weto Immobilien GmbH is entitled to cancel an active booking with immediate effect and to expel guests from the house if there are violations. In these cases, there is no right to a refund or a partial refund. The guest has the option of proving that weto Immobilien GmbH suffered less damage or no damage at all.
16. MAINTENANCE
With the booking of an apartment, a holiday home from weto Immobilien GmbH, the guest undertakes to treat the provided apartment/holiday home as well as rooms, facilities and facilities intended for common use with care and care, to ensure adequate ventilation and heating, as well as to treat gross soiling to avoid. If there is soiling that goes beyond normal use during the guest's stay or after their departure, weto Immobilien GmbH has the right to charge the guest an additional cleaning fee of at least €40 (depending on the condition of the unit). deliver. The guest has the option of proving that weto Immobilien GmbH suffered less damage or no damage at all. Furthermore, the guest undertakes to check the furnishings of the apartment for completeness and suitability for use when moving into the apartment and to notify weto Immobilien GmbH of any defects and complaints immediately. The guest is liable for all damage to the apartment/holiday flat provided to him, the furnishings and the rooms, facilities and systems intended for communal use, which he or his visitors have culpably caused through use contrary to the contract and which cannot be attributed to normal wear and tear. The guest must immediately notify weto Immobilien GmbH of any damage caused to the apartment/holiday flat provided. For bookings of more than 7 nights, weto Immobilien GmbH is entitled to carry out weekly intermediate cleaning. The guest is obliged to grant access to the apartment/holiday flat to the employees of weto Immobilien GmbH commissioned by weto Immobilien GmbH for this purpose.
17. INTERNET USE
Internet access is made available to the guest by weto Immobilien GmbH within the scope of the existing technical and operational possibilities. Disruptions due to force majeure or maintenance work or the like cannot be ruled out. The guest may not misuse the internet connection. Misuse occurs in particular in the following cases: Downloading and distributing copyrighted content via peer-to-peer sharing platforms, illegal streaming offers and the posting, retrieval or transmission of content relevant to criminal law. The guest is obliged to observe the copyright, patent, name, trademark and personal rights of third parties during use. The guest indemnifies weto Immobilien GmbH on first request from all claims and claims for damages by third parties as well as from the costs of legal defense in an appropriate amount that have been caused by illegal use of the provided internet connection by the guest or by third parties with the knowledge of the guest. This right to indemnification includes in particular claims arising from the violation of copyright, patent, name, trademark and personality rights as well as violations of data protection law. The guest is prohibited from passing on the access data for the Internet connection from weto Immobilien GmbH to third parties. This also applies to the publication of any access data. In the event of an infringement, the guest is responsible to weto Immobilien GmbH for any damage caused by the disclosure of the access data. Furthermore, weto Immobilien GmbH reserves the right to block the guest's Internet connection in the event of legal violations.
18. PRIVACY
The data protection regulations can be viewed on the website.
19. FINAL PROVISIONS / SEVERABILITY
Changes and additions as well as the cancellation of the accommodation contract, the acceptance of applications or these General Terms and Conditions must be in text form. This also applies to the cancellation of this text form clause. Unilateral changes or additions by the guest are invalid. The place of performance and payment is the registered office of the accommodation provider. The exclusive place of jurisdiction for commercial transactions is the registered office of the accommodation facility. If a contractual partner meets the requirements of § 38 paragraph 2 ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the registered office of the accommodation company. German law applies. Should a provision of this contract be or become invalid, the validity of the remaining provisions shall not be affected. In place of the ineffective, void provision, the parties shall make a provision that comes as close as possible to the purpose intended by the ineffective, void provision. This also applies to filling any gaps in the contract. The accommodation provider is neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.
