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Terms and conditions for the rental and contractual use of the holiday apartment

Dear traveler, we are pleased that you wish to book this accommodation. Please read the following terms and conditions carefully – they will form part of the rental agreement between you and the landlord, which is governed by German tenancy law (§§ 535ff BGB). The basis for the rental agreement for the holiday apartment you booked according to the above booking confirmation is the rental agreement brokered by Traumferienhäuser Schwarzwald - Ferienhausvermittlung Heiko Roth – between you as the traveler and the holiday apartment landlord named in the booking confirmation. The following terms and conditions apply:

1. Payment terms

These terms and conditions govern the contractual relationship between travel customers/tenants and hosts/landlords.

In addition to the rent, a security deposit and the tourist tax payable to the municipality are required. The security deposit ranges from €350.00 to €650.00, depending on the property, and will be refunded at the end of your stay, provided the property is left undamaged. The tourist tax is collected by the landlord on behalf of the municipality. The specific amount of the tourist tax and the security deposit will be detailed in your booking confirmation.

The deposit is due 5 business days after receipt of the booking confirmation. The remaining balance, including the security deposit, is due 30 business days before arrival. If the deposit or the remaining balance is not received on time, the holiday home owner is entitled, after setting a reasonable grace period without success, to rent the property to another party. The deposit must be transferred to the account specified in the booking confirmation, stating the property number and arrival date. The remaining balance, including the security deposit shown in the booking confirmation, must be transferred no later than 30 business days before the arrival date. For short-notice bookings with arrival within 2 days of the booking date or less, a bank-confirmed proof of payment/transfer, or possibly cash deposit, to the account specified in the booking confirmation must be presented to the local representative of the holiday home owner named in the booking documents. Alternatively, the rent, security deposit, and tourist tax can be paid in cash upon arrival, in consultation with the respective holiday home owner. The local representative is instructed by the holiday apartment owner not to hand over a key to the booked holiday apartment without the aforementioned proof of payment.

2. Scope of services

The booked holiday apartment is equipped with sufficient dishes and tableware for the specified number of guests and furnished according to the property description on www.schwarzwald-ferienhaus.net , which is the subject of the contract. The tenant may only accommodate as many guests and accompanying persons as are listed in the booking confirmation as adults, children, and infants. Accommodating additional persons beyond the booked number is only permitted upon payment of an extra charge and prior agreement with the landlord. Pets are only allowed if they have been booked separately and this booking has been confirmed by the landlord.
The tenant is responsible for complying with any restrictions due to official orders, regulations, or other legal provisions affecting the stay, unless these are explicitly addressed to the landlord.
The rental property is modernly insulated and features numerous amenities that promote the ecologically and economically responsible use of resources.

3. Withdrawal from the rental agreement / Termination due to reasons related to the tenant's conduct

In the event of force majeure (destruction or damage to the holiday property through no fault of the landlord, e.g., due to fire, storm, hail, snow breakage, burst pipes, or similar events), the landlord is entitled to withdraw from the contract at any time. In this case, the rental costs for the now unavailable rental period and the corresponding utility costs will be refunded in the respective amounts. Claims for damages against the landlord in this situation are excluded.

The landlord may terminate the rental agreement without notice if the tenant, despite a warning from the landlord or their representative, uses the holiday apartment in breach of contract to such an extent that immediate termination of the tenancy is justified. If the landlord terminates the agreement, they retain the right to the rent. However, they must credit the tenant with the value of any expenses saved and any benefits they may gain from using the rental property elsewhere.

In the event of such a termination for reasons related to the tenant's conduct, a processing fee of 50 euros will be charged.

4. Use / Duty of Care / Liability

The tenant is obligated to treat the rented holiday apartment and its furnishings with care. Any damage must be reported to the landlord immediately. The tenant is liable for all damages caused by themselves, accompanying persons, guests, or pets to whom they grant access to the rental property, regardless of the tenant's own negligence. The house rules , which will be provided to the tenant by email before arrival and will also be available at the holiday apartment upon arrival, must be observed. The tenant is only permitted to use the holiday apartment with the number of persons and/or pets booked. Accommodating additional persons or pets not included in the booking is prohibited without the landlord's prior consent. The landlord reserves the right to terminate the rental agreement without notice in such cases. Use of the holiday apartment is limited to the booked rental period for vacation purposes. Smoking is strictly prohibited in the holiday apartment.

The responsibility for clearing snow and ice lies with the travel customer/renter. The renter is liable to the landlord/host for any personal injury or property damage resulting from snow and ice.

5. Handover / Return

Arrival is possible from 4:00 PM on the agreed arrival date. The holiday apartment must be left swept clean and thoroughly cleaned in accordance with the house rules . This includes washing all dishes and leaving them in the designated area. Minor, normal soiling of the windows is included in the price, but excessive soiling, such as that caused by hands or dogs, is not. The wood-burning stoves and grills must be left clean. Garbage must be separated and disposed of in the designated waste containers. If the holiday apartment is left excessively dirty and requires additional cleaning, this will be charged to the tenant, typically at €45.00 per hour. Upon request, the tenant can book a thorough deep cleaning before arrival for an additional fee. The rental agreement ends at 10:00 AM on the agreed departure date.

6. Liability

Dream holiday homes Black Forest - Holiday home agency Heiko Roth guarantees the proper arrangement of the booked holiday apartment property.

The holiday apartment landlord is solely responsible for the provision of the booked services in connection with the use of the holiday apartment and for any defects in the provision of services.

7. Written form / Severability clause

Amendments and additions to the tenancy agreement and these terms and conditions must be in writing. This also applies to any amendment of this written form clause.

Should individual provisions of the tenancy agreement and these terms and conditions be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely approximates the economic purpose intended by the parties with the invalid or unenforceable provision.

The tenancy agreement and these terms and conditions are subject to the law of the Federal Republic of Germany.

Special note when booking the historic Bärenschlössle estate:

On the historic estate, fine dining celebrations take place in the event barn. The courtyard serves as the reception area for guests. Dinners and entertainment are held in the Bear Hall on the upper floor. The post-dinner celebration continues in the lounge on the ground floor. The ground floor features enhanced soundproofing to minimize disturbance to neighbors. During dinner, the outdoor area is rearranged, freeing up the courtyard. The outdoor seating area for guests is then located directly in front of the silo. As holiday guests staying directly opposite the barn, you may experience a brief period of noise disturbance. However, the solid walls of the Bear Castle will protect you from excessive noise.

Pets are allowed, however they may only stay on the ground floor and not on the first floor.

Special note for booking the following holiday properties: Holzhaus Oberbrändi, Ferienhaus Waldklang, Historisches Waldhaus, Reinerzau Kleine Kinzig, Landhaus Seewald, Schindelhäusle Schillerstraße:

Bachelor/bachelorette parties and "wild parties" are prohibited!

Special note for booking the Black Forest log cabin:

Please note that bachelor/bachelorette parties are possible in the log cabin. However, quiet hours must be strictly observed. A cozy get-together is possible, but no wild, excessive parties. We expect respectful behavior so that nature-loving groups who observe quiet hours will feel very comfortable and are warmly welcomed.

The legally mandated quiet hours must be strictly observed in all holiday properties.

Special note for booking Landhaus Seewald:

Minut Security System: For added security, we have installed the innovative Minut noise monitoring system in the country house. Data protection guidelines are strictly adhered to – no video or audio recordings are made. The system automatically and discreetly detects noise level exceedances through decibel measurement to ensure a pleasant stay for all guests and neighbors. Additionally, the Minut security concept offers temperature monitoring, cigarette smoke detection, and burglar protection for your comfort and safety.

Terms of Use and Limitation of Liability Agreement for Internet Use:

1. By booking the holiday property, the tenant accepts these internet usage terms and conditions. The tenant and their family members or guests are permitted to use the internet access to a reasonable extent under the following conditions for the duration of the rental period.

The access data provided upon request (network name, Wi-Fi key, etc.) is for the tenant's personal use only and must be kept confidential. The tenant is not authorized to allow third parties to use the internet without the account holder's consent. The access data will be changed by the landlord after the tenancy ends.

2. Data Protection Regulations

The landlord is entitled to collect the personal data necessary to ensure proper internet use (name, address, telephone number, date of birth, date, time, websites accessed, IP addresses, etc.) in accordance with applicable data protection regulations. This data is stored by the landlord to protect their rights in the event of unauthorized internet use. The personal data will be deleted after 5 years if the tenant has not used the landlord's internet connection within this period.

3. Performance and availability

The landlord provides internet access within the scope of existing technical and operational capabilities. Disruptions, for example due to force majeure, maintenance work, or similar events, cannot be ruled out. There is no entitlement to the actual availability, suitability, or reliability of internet access for any purpose.

4. Unlawful use

The tenant is prohibited from using the internet connection for chargeable services that could create claims against the landlord.

The tenant is specifically advised that any use which violates data protection, personality rights, copyright, trademark or criminal law provisions is prohibited.

This applies in particular to:

- the infringement of copyright and other rights of third parties through the use of so-called “peer-to-peer networks” or illegal “Internet file-sharing platforms” on which, for example, copyrighted films, music and software are illegally distributed (“illegal file sharing”),

- the distribution and public dissemination of harmful and/or illegal content, including the sending of unsolicited mass emails (so-called “spamming”) and viruses,

- the transmission or posting of offensive, defamatory, unconstitutional, racist, sexist, harassing or otherwise unlawful content,

- visiting websites with criminally relevant content, such as websites with hate speech or child pornography, websites that incite criminal activity or glorify or trivialize violence, and websites that are likely to seriously endanger the morals of children or young people,

- the intrusion or attempted intrusion into foreign data networks (so-called "hacking").

If the tenant recognizes, or should recognize, that such a legal violation has occurred or is imminent, he has a duty to inform the landlord immediately.

5. Limitation of Liability and Indemnification

The tenant is solely and exclusively responsible to the landlord for any content he or she makes available on the internet, whether his or someone else's.

The landlord accepts no responsibility for any damage to the tenant's computer resulting from internet use. This excludes damage caused by the landlord's intentional or grossly negligent actions. In particular, no liability is assumed for the content of accessed websites or downloaded files. Furthermore, no liability is assumed for virus infections resulting from internet use.

The tenant agrees to bear any damages he incurs as a result of unauthorized use.

The tenant agrees to indemnify the landlord against any damages resulting from unauthorized internet use.

6. Violation of the terms of use

In the event of a violation of these terms of use, the landlord is entitled to restrict or completely block internet access. In particular, the landlord reserves the right to block access to certain websites or services via the Wi-Fi at any time (e.g., websites glorifying violence, pornography, or those requiring payment).

7. Final Provisions

Should deviations from the above agreement be necessary in individual cases, these must be agreed upon with the landlord.

There are no oral side agreements. Amendments or additions to this agreement, including this provision, must be in writing to be effective.

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