General Terms and Conditions of Strandhaus B.V. and Strandhaus-Vermietung GmbH

Status 29.10.2013

 

On these Internet sites Strandhaus B.V. and Strandhaus-Vermietung GmbH (hereinafter referred to as Strandhaus or also as the lessor) offer the customer (hereinafter also referred to as the tenant) holiday houses and holiday apartments for temporary leasing for residential purposes (temporary rental agreement).

 

Contract

The temporary rental agreement shall be concluded between the lessor and the tenant. Depending on the leased property, the lessor is Strandhaus B.V., Kurierweg 15, 46562 Voerde or Strandhaus-Vermietung GmbH, Kurierweg 15, 46562 Voerde. The subject of the contract is the temporary leasing of the holiday property for residential purposes. A different use or sub-letting of the property is not permissible. The conditions of the contract are regulated in these General Terms and Conditions valid at the booking date, which are published on the aforementioned Internet sites.

 

Booking

The tenant has the option of booking the holiday property in writing (letter or fax), online, by telephone or by e-mail. If the property is available at the desired date, the lessor will send the tenant a booking confirmation. The contract is concluded between the tenant and lessor on sending the booking confirmation, and these General Terms and Conditions are expressly accepted.

 

Prices

The price lists filed on the aforementioned Internet sites at the date of concluding the contract will apply to the properties. All prices include Value-Added Tax at the statutory rate. Unless otherwise agreed or unless shown on the Internet sites, the prices applicable include consumption fees for heating, electrical power and water. The management of visitor’s tax for the individual holiday properties is also set out on the Internet sites. Cleaning of the property at the end of the holiday will be carried out by the lessor. The costs for this are to be paid by the tenant in accordance with the price list on the Internet site.

 

Payment

A down payment will fall due on sending the booking confirmation (concluding of contract). Unless otherwise agreed in the booking confirmation, the down payment will be 30 % of the accommodation price.

 

The down payment will be payable to the lessor within five working days. The remaining payment must be paid to the lessor at least 28 days before the start of the holiday. If the 28-day period cannot be adhered to due to a booking at short notice, the total price will fall due immediately. The down payment and remaining payment will be made by transfer into the account indicated in the booking confirmation.

 

If the aforementioned payment periods are not adhered to, this will be deemed as cancellation by the tenant. The corresponding regulations in these General Terms and Conditions shall then apply.

 

Cancellation by the tenant

Pursuant to Art. 651i BGB [German Civil Code], the tenant may withdraw from the contract at any time against payment of an appropriate indemnity.

 

The lessor may charge the following flat rate cancellation fees:

a)   Withdrawal up to the 90th day before the start of the holiday: 30 % of the rental price

b)   Withdrawal from the 89th day to the 60th day before the start of the holiday: 50 % of the rental price

c)   Withdrawal from the 59th day to the 30th day before the start of the holiday: 75 % of the rental price

d)   Withdrawal from the 29th day to the 10th day before the start of the holiday: 90 % of the rental price

e)   Withdrawal from the 9th day to the day before the start of the holiday and if the holiday is not started: 100 % of the rental price

 

The rental price is made up of the accommodation price plus possible surcharges and less any discounts.

 

The tenant shall be entitled to name a replacement tenant if he/she withdraws, who will enter into the contract concluded, with all its rights and obligations. The lessor may object to the replacement tenant entering into the contract if the latter or the persons travelling with him/her do not fulfil the contractual agreements or if the replacement tenant or the persons travelling with him/her do not conform with other circumstances essential to the contract. If the lessor agrees to the entry of the replacement tenant into the contract, the aforementioned cancellation fees shall not apply.

 

Cancellation by the lessor

If it is not possible for the lessor to perform the contract due to unforeseen events for which he/she is not responsible, he/she may withdraw from the contract. In this case he/she is to refund any payments already made to the tenant. These events include, for example, cases of force majeure, natural disasters and major damage to the house which cannot be corrected over the short term.

 

If the lessor withdraws for reasons for which he/she is responsible, he/she shall refund any payments already made to the tenant plus any cancellation fees for flights and train travel which are in direct connection with the booking. Written proof is required for this.

 

Arrival and departure and handover of keys

Unless otherwise agreed and unless the booking confirmation states otherwise, properties will be available from 16:00 on the date of arrival. Properties must be vacated by the tenant at the latest by 10:00 on the date of departure.

 

Details on the handover of keys will be notified to the tenant by the lessor approximately ten days before the holiday start date.

 

Insurances

Insurances are not part of the lessor’s offer. The tenant will be responsible for adequate travel insurance (taking out at least holiday cancellation insurance and foreign travel health insurance, including return transport, is recommended, for example).

 

Arrears

In the event of arrears or non-payment by the tenant, the lessor will be entitled to charge an appropriate reminder fee in addition to the primary debt and to have the outstanding sums collected by a debt collection agency.

 

Liability

The tenant will be liable to the full amount for damage caused to the property. If house keys are lost, the tenant will be liable to the sum of EUR 250.00.

 

The lessor may not be held liable for the short-term failure of equipment, electrical devices, water, electrical power, heating, or for cases of force majeure. A price reduction is excluded.

 

The lessor’s priority concern is the safety of the tenant, and under certain circumstances the lessor may make technical equipment such as stair safety gates, pool guards etc, available. The tenant undertakes to use this equipment correctly. Tenants will further be responsible for assuring themselves of the proper functioning of the equipment before using it.

 

If the lessor makes Internet access available to the tenant, the lessor will not be liable for the content of websites visited, content consumed such as videos, music etc. or for any costs incurred which exceed those relating to pure Internet access. The tenant will be solely responsible for correct and legal use of content.

 

Prohibition on assignment

Assignment of the tenant’s claims against the lessor to third parties (including spouses and relatives) is expressly excluded. Nor is the assertion in court of the aforementioned tenant’s claims by third parties in their own name permissible.

 

Final provisions

All declarations about or in connection with this contract shall be made in written form. Verbal subsidiary agreements will not be valid. Amendments, supplements and the cancellation of the contract must also be in writing.

 

If one or more of the provisions in this contract are ineffective due to statutory provisions, the effectiveness of the remaining conditions shall not be affected thereby. The contracting parties undertake to replace the ineffective provisions by a condition which is equivalent in its economic result.

 

German law is considered as agreed. Voerde is the place of performance. In so far as legally possible, the place of jurisdiction for all disputes from and in connection with this contract is Voerde.

 

The lessor may transfer the rights and obligations from the contract to an affiliated company in the sense of Art. 15 AktG [Joint Stock Companies Act].