General Terms and Conditions (GTC) for the Rental of Vacation Apartments on the Kossätenhof of Family Behm Wittstocker Str. 20, 16837 Flecken Zechlin as per 01.12.2012
§ 1 – Description of the Vacation Apartments
Following apartments are located on the Kossätenhof of Family Behm:
- Apartment 1 on the ground floor: for 2-4 persons, approx. 48m²
- Apartment 2 on the top floor for 4 people, approx. 72m², apartment 2+ as apartment 2, plus additional bedroom, for 6 persons, approx. 93m²
- Apartment 3 on the top floor for 2 people, approx. 35m², apartment 3+ as apartment 3, plus additional bedroom, for 4 persons, approx. 55m²
The apartments are furnished to high standards; a detailed description with images can be found on www.fewo-behm.de. The apartments are rented with complete inventory. Any shortages, defects or damages shall be reported to the owner immediately. The apartments shall be occupied only with the number of people agreed in the contract. Bringing pets is not allowed.
§ 2 – Booking the Vacation Apartments
During the peak season (season A), the apartments are usually rented on a weekly basis from Saturday (check-in from 4pm) to Saturday (departure before 10am). During the low season (season B + C) and in individual cases, exceptions are possible after consultation. For the reservation of the apartments, guests use the booking form at www.fewo-behm.de. The reservation becomes binding upon receipt of the booking confirmation and after the down payment is made (see § 3). With payment of the down payment, the renter and his fellow travelers recognize the Terms and Conditions as binding.
§ 3 – Down Payment and Rental Fee
As a down payment, the renter must transfer 30% of the total price within 7 days after receipt of the booking confirmation to our bank account with the IBAN DE 91160502021840513191 (BIC: WELADED1OPR; Sparkasse Ostprignitz-Ruppin). If the payment has not occurred until the aforementioned date, the booking shall be considered void. The remaining amount must be paid to the above account by the renter no later than 4 weeks prior to the start of the rental period. For short-term bookings within four weeks prior to arrival, the complete rental price is due immediately.
§ 4 – Due Diligence, Defects and Liability
The renter agrees to treat the vacation apartment(s) and their inventory with care. Damages must be reported to the owner immediately. Any existing damages must be noted down upon check-in. During the rental period, the renter shall be liable for any damages incurred, including damages caused by the renter’s children. The owner is not required to prove negligence. The owner shall be liable for the proper provision of the agreed service. If the rented apartment has a defect that goes beyond a mere inconvenience, the renter shall immediately notify the owner so the defect can be remedied by the owner. If the renter fails to notify the owner, he is not entitled to any claims in relation to the non-performance of contractual services. The renter’s contractual liability for damages, which are not physical, is limited to three times the price of the agreed rental, unless the damage is due to a grossly negligent or intentional breach of duty by the owner. The house rules, which are on display in the apartments, must be observed at all times.
§ 5 – Travel Cancellation
In principle, the renter is not entitled to cancel a binding reservation unilaterally and free of cost. Cancellation must be made in writing by the renter. When canceling up to 45 days before the agreed arrival date, the renter has to pay a flat-rate fee amounting to 25% of the agreed rent. When canceling between the 44th) and the 9th day prior to arrival, half of the rental price is due. When canceling only 8 days prior to the beginning of the rental period, the entire rental fee is due, minus expenses not incurred, which are fixed to a flat rate of 15%. The owner may rent the canceled apartment to other parties in good faith; the owner must use the thus saved amount to reduce the cancellation fee. The renter may prove that the owner’s damages were lower. However, in the case of renting the canceled apartment to a third party, the owner is entitled to charge the renter a lump-sum of 30 Euro as reimbursement of expenses.
§ 6 – Choice of Law and Jurisdiction
German law applies to this contract. For any legal dispute against the owner, the court responsible is exclusively the one at the owner’s business location. Likewise, it is hereby agreed that the business location of the owner shall also have exclusive jurisdiction in legal actions brought by the owner against renters who have no general jurisdiction in Germany or who have transferred their domicile or habitual residence abroad after booking the accommodation or whose domicile or habitual residence is not known at the time when the action is filed.
§ 7 – Severability Clause
The validity of the contract is not affected by any gaps or ineffective provisions in this contract, at the present or in the future. Instead of the invalid or void provisions or the gaps, such provisions shall come into force which comply with statutory regulations and are closest to the economic interests of both parties.