Terms and conditions of the rental/accommodation contract vacation homes
the Helga & K.P. Heide GbR, Strandweg 31 in 24369 Klein Waabs, mediates (hereinafter referred to as mediator) as a reservation agency vacation accommodation according to the available booking offer. Contractual relations arise directly between the accommodation company, Paul Heide Grundstücksgesellschaft mbH & Co KG (hereinafter referred to as the landlord) and the tenant. The following conditions apply between the accommodation company and the tenant upon conclusion of an accommodation contract:
I. Conclusion of the Accommodation Contract, Position of Helga & K.P Heide GbR
I.1 With the booking, which can be made in person, in writing, by telephone, fax or e-mail, the Lessee offers the Lessor, who is represented by Helga & K.P. Heide GbR as an agent, the conclusion of an accommodation contract in a binding manner.
I.2 The accommodation contract between the tenant and the landlord is concluded with the booking confirmation, which is made by the agent as a representative of the landlord.
I.3 The booking is made by the booking tenant, also for all persons listed in the booking, for whose contractual obligations the booking tenant is responsible as for his own obligations. For insurance reasons, all accompanying persons must be named and given their date of birth at the time of booking.
I.4 For the landlord, the contract becomes binding only after we have confirmed it in writing or electronically. Telephone information, subsidiary agreements and other assurances of any kind whatsoever are not binding and are only part of the contract if they are confirmed by us in the aforementioned form.
I.5 Helga & K.P. Heide GbR has exclusively the position of an agent of the booked accommodation service.
II.1 Non-binding reservations, which entitle the tenant to withdraw free of charge, are only possible with a corresponding express agreement with the agent as a representative of the landlord. If such an agreement has not been made, the reservation in accordance with items I.1 and I.2 generally leads to a legally binding contract for the landlord and the tenant.
II.2 If a non-binding reservation has been agreed, the lessee must notify the agent by the agreed date if the reservation is to be treated as a binding booking. If this does not happen, the reservation is cancelled without further notification by the agent. If the notification is made, point I.2 applies accordingly. II.3 Changes to the contract, such as subsidiary agreements and additions to the contract, as well as all legally relevant declarations, must be made in writing.
III. Prices/ Services
III.1 The prices stated in the reservation (II.) or the accommodation contract (I.) are final prices and include all obligatory additional costs (including final cleaning), unless otherwise stated. They apply per vacation home or per accommodation unit.
III.2 The services owed to the landlord result exclusively from the content of the booking confirmation in conjunction with the valid price list. Should the statutory VAT change, it shall be adjusted accordingly in the rental price.
IV.1 The intermediary, as the collecting agent of the lessor, can demand a deposit after the booking confirmation has been made.
IV.2. payment: 300, - € deposit, 1 week after receiving the booking confirmation. Final payment at the latest 4 weeks before the beginning of the rental period.
IV.3. all payment dates will be printed on the confirmation. We ask for punctual compliance, otherwise your booking will be in jeopardy. If the payment dates are exceeded by more than 7 days, the agent has an extraordinary right of termination without special prior notice. The tenant has to bear the costs according to VI 1,2.
The agent, on behalf of the landlord, makes the transfer of the vacation object dependent on a deposit. The deposit serves among other things to secure the interests of the landlord of the vacation home in the event of possible damage to the rented property or lack of or inadequate cleaning. Every guest has to pay a deposit of 200,- € in form of a direct debit authorization on the spot. Only when this direct debit authorization is received, the keys for the rental accommodation will be issued. If at the end of the stay it turns out that a damage has occurred, then the amount in question plus a handling fee of 20,- € will be automatically deducted from the guest's account. If the value of the mentioned deductions exceeds the 200,- €, the remaining amount will be charged to the tenant. Should no damage have occurred, the direct debit authorization will be destroyed within three weeks, after departure.
VI. arrival and departure
The arrival is possible from 16.30 o'clock. The keys of the vacation home will be handed out at the reception at Ostseecampingplatz Heide from 16:30. On departure please note the following: The object is to be handed over by you neat and clean. This includes: vacuuming/sweeping the floor, cleaning the dishes, ̈ cooking pots, cutlery, etc., emptying the refrigerator, disposing of garbage and recyclables such as glass waste and plastic. If the object is not handed over properly, 30,- € will be charged. The keys will be handed over at the reception of the Ostseecampingplatz Familie Heide (see house rules) and must be handed over at the latest on the day of departure at 9:30 am. Early Bird Discount: In case of departure in the high season, tenants will receive the amount of 10,- € after handing over the key, of the rental objects, on the day of departure before 8:00 am. In case of departure after 9:30 a.m., on the day of departure, 50,- € will be charged for each started hour.
Bringing and keeping pets is allowed only after prior written permission of the agent and payment of the appropriate fee. The agent reserves the right to withdraw the permission at any time if other tenants feel inconvenienced by this. "Dangerous dogs" are ̈ not permitted. In accordance with the law on keeping dogs (HundeG) of the state of Schleswig-Holstein, an electronic identification obligation with a microchip under the skin, which complies with ISO standards 11784/11785, as well as the obligation to have dog liability insurance, applies with immediate effect to all dogs on the vacation complex, regardless of origin. For each dog, this must be proven, the European pet passport must be carried and a copy must be deposited at the reception or sent in advance ̈ electronically or by post with the registration. Dogs must never be left unattended in the rental properties. For bookings of rental properties with a dog, we charge a post-cleaning fee of 30,- €. In addition, a general leash obligation applies on the entire area.
VIII Cancellation and rebooking
VIII.1 In the event of withdrawal, the lessor's claim to payment of the agreed travel price shall remain unaffected. The Lessor shall take into account any other use of the accommodation and saved expenses.
VIII.2 Depending on the date of receipt of a cancellation notice, the following rates shall be charged (in each case as a percentage of the tour price): up to 75 days before departure - 25% of the tour price up to 45 days before departure - 50% of the tour price up to 30 days before departure - 75% of the tour price, thereafter and in the event of no-show - 100% of the tour price.
VIII.3 Cancellation of the booking is to be addressed to the agent (not to the lessor) for organizational reasons and should be made in writing in any case.
VIII.4. contract changes are possible in principle, if the landlord agrees. In case of rebooking (only possible in the same calendar year), or changes in the rental contract, a rebooking fee of 50, - Euro will be charged.
VIII.5 Extraordinary withdrawal and termination: In case of gross violations of the house rules, the agent, is entitled to extraordinary termination and the guest is obliged to leave the facility immediately. A claim of the tenant, on proportionate reimbursement of costs of the stay does not exist then. The agent is also entitled to extraordinary cancellation of the contract for objective reasons, for example, if - Force majeure or other circumstances for which the landlord is not responsible make the fulfillment of the contract impossible; - bookings are made culpably under misleading or false information about facts essential to the contract, for example, the person of the customer: The lessor has reasonable grounds to believe that the use of the accommodation service may jeopardize the smooth operation of the business, the safety or the reputation of the lessor in public, without this being attributable to the lessor's sphere of control or organization.
VIII.6 The conclusion of a travel cancellation insurance is recommended.
IX. Liability of the Lessor and Helga & K.P. Heide GbR
IX.1. contractual liability of the landlord for damages, which are not bodily injury (including damages due to violation of pre-, secondary and post-contractual obligations) is limited to three times the price of the stay,
IX.1.1.as far as a damage of the tenant is caused by the landlord neither deliberately, nor roughly negligently or
IX.1.2.as far as the landlord is responsible for a damage arising to the tenant, solely because of a fault of a vicarious agent.
IX.2.the landlord is not liable for service disruptions in connection with services that are only mediated as external services (eg leisure offers of the intermediary) and which are expressly marked as external services.
IX.3 The agent shall be liable exclusively for any errors made by himself and his vicarious agents during the mediation. The landlord shall be exclusively liable for the provision of the booked service itself and any defects in the provision of the service.
IX.4 In the event of impairment before the start of the trip or during the vacation or the rental object due to force majeure, the landlord, or the intermediary is not liable.
IX.5 The tenant is liable for damage caused by him and/or the persons accompanying him or visitors in or on the house of the landlord. The Lessor is not liable for incidents for which the Lessee himself is responsible and/or for which the persons accompanying the Lessee are responsible.
IX.6 Valuables are to be kept in the safe. In case of burglary in the vacation home (locked) and breaking open of the room safe, the tenant's household insurance or luggage insurance is liable. A break-in is to be reported to the police and the landlord immediately upon detection.
The tenant is obliged to inform the landlord, represented by the agent, about defects of the rental property immediately (within 24 hours after arrival). If there is no feedback within the set period, the rental object is considered free of defects. Claims due to non-fulfillment of contractual services (especially claims for rent reduction) are then no longer admissible.
XI. House Rules
The house rules and the rules of conduct and hygiene for the Corona Pandemic are to be followed. We have laid out the rules to be followed for our tenants in the vacation home. This is part of the general guest accommodation conditions. In case of non-observance of the house rules, the landlord is free to make use of the house rules and to withdraw from the rental contract with immediate effect.
XII. Data protection
The place of jurisdiction for all parties is Eckernförde.
For Helga & Karsten Heide GbR, Paul Heide Grundstücksgesellschaft mbH & Co. KG, fully qualified merchants, for guests, for persons who do not have a general place of jurisdiction in Germany, as well as for persons who have moved their place of residence or habitual abode abroad after conclusion of the contract ̈ or whose place of residence or habitual abode is not known at the time the action is brought, as well as for passive litigation.
Validity: as of 01.11.2021