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Contractual conditions for the rental and contractual use of the holiday home

Dear travel customer, we are pleased that you would like to book this accommodation. Please read the following terms and conditions carefully - they will be part of the tenancy agreement between the landlord and you, which is governed by German tenancy law (§§ 535ff BGB). The basis for the rental use of the holiday home booked by you in accordance with the above booking confirmation is the contract of use brokered by Traumferienhäuser Schwarzwald - Ferienhausvermittlung Heiko Roth - between you as the travel customer and the holiday home landlord named in the booking confirmation. The following contractual conditions apply:

1. terms of payment

These contractual conditions regulate the contractual relationship between the travel customer/renter and the host/landlord.

In addition to the rent, a deposit is payable as well as the visitor's tax to the municipality. The deposit is between € 350.00 and € 650.00 depending on the property and will be refunded at the end of the stay if the holiday property has been left without damage. The tourist tax is collected by the landlord on behalf of the municipality. The respective amount of the visitor's tax and the amount of the deposit will be stated in the booking confirmation.

The deposit is due 5 working days after receipt of the booking confirmation. The final payment with deposit is due 30 working days before arrival. If the deposit or the remaining payment is not received in due time, the landlord is entitled to let the rental object to another tenant after setting a grace period without result. The down payment is to be transferred to the account named in the booking confirmation, stating the rental object number and the date of arrival. The balance of the rental price and the deposit stated in the booking confirmation must be paid no later than 30 working days before the date of arrival. In the case of short-term bookings with arrival within 2 days of the booking date or less, the local representative of the accommodation provider named in the booking documents must be presented with bank-confirmed proof of payment / transfer, possibly of cash payment to the account stated in the booking confirmation or, in agreement with the respective accommodation provider, rent and deposit and visitor's tax must be paid in cash on arrival. The local representative is instructed by the accommodation provider not to hand over any keys for the booked accommodation without the aforementioned proof of payment.

2. scope of services

The booked FeWo object is equipped for the capacitive number of persons with sufficient tableware and furnished according to the respective object description on www.schwarzwald-ferienhaus.net for the booked object, which became the subject of the contract. The tenant may accommodate a maximum of as many guests and fellow travelers as are named in the booking confirmation as adults, children and infants. The accommodation of additional persons beyond the booked number of persons is only allowed for an additional fee and with appropriate agreement with the landlord. Pets will only be accepted if they have been additionally booked and this booking has been reconfirmed by the landlord.
The tenant is responsible for the observance of possible restrictions due to official orders, ordinances or other legal provisions affecting the stay, unless these are expressly addressed to the landlord.
The rental property is one with modern insulation, which has numerous facilities that suggest an ecologically and economically sound use of resources.

3. withdrawal from the tenancy agreement / termination for reasons of conduct

The landlord is entitled to withdraw from the contract at any time in the event of force majeure (loss of or damage to the holiday home through no fault of his own, e.g. due to fire, storm, hail, snow breakage, burst pipes or similar). The rental costs pro rata for the rental period now no longer available and the pro rata consumption costs will be refunded in the respective amount in this case. Claims for damages against the lessor for this case are excluded.

The landlord may terminate the tenancy agreement without notice if the tenant, notwithstanding a warning by the landlord or the landlord's representative, uses the holiday home in breach of the agreement to such an extent that the immediate termination of the tenancy is justified. If the landlord terminates the lease, he retains the claim to the rent. However, he/she must take into account the value of the saved expenses as well as those advantages which he/she may have gained from another use of the rented property.

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

4. use / duty of care / liability

The tenant shall treat the rented holiday home and its furnishings with care. Any damage must be reported to the landlord immediately. The tenant shall be liable for all damage caused by him, persons travelling with him or guests taken in by him as well as pets to which he grants access to the rented property, irrespective of the tenant's own fault. For this purpose, the house rules must be observed, which will be made available to the tenant by e-mail before arrival and will be available there at the beginning of the period of use of his holiday home. The tenant is only allowed to use the holiday home with as many persons or pets as booked. The admission of further persons or pets not booked is not permitted without the prior consent (approval) of the landlord. The landlord reserves the right to make use of his extraordinary right of termination in such a case. The use of the holiday home is limited to the booked period of use for holiday purposes. Smoking is not permitted in the holiday home.

The obligation to clear and spread snow and ice is the responsibility of the travel customer/renter. The tenant is liable to the landlord/host for possible personal injury and property damage due to slippery snow and ice.

5. handover / return

Arrival on the agreed day of travel is possible from 16:00. The holiday home is to be handed over to the landlord or his representative by 10:00 a.m. on the agreed day of departure in a swept and thoroughly cleaned condition in accordance with the house rules. Among other things, the dishes are to be left washed in the furniture provided for this purpose. Simple, normal dirt on the window panes is included in the price, but not excessive dirt caused by hands or dogs. The fireplaces and barbecues are to be handed over cleaned. The rubbish is to be separated and transported to the designated rubbish containers. If the holiday home is handed over excessively dirty and additional cleaning is therefore necessary, this will be charged to the tenant, regularly at € 45.00 per working hour. If desired, the tenant can book an optimal basic cleaning before arrival for an additional fee. The tenancy agreement ends on the agreed departure date at 10:00 am.

6. liability

Traumferienhäuser Schwarzwald - Ferienhausvermittlung Heiko Roth vouches for the proper arrangement of the booked holiday home.

For the provision of the booked services in connection with the use of the holiday home and in the event of any deficiencies in the provision of the services, the holiday home lessor shall be exclusively liable and, if applicable, liable for the warranty.

7 Written form / severability clause

Amendments and supplements to the tenancy relationship and these contractual conditions must be made in writing. This also applies to the amendment of this written form clause.

Should individual provisions of the tenancy agreement and these contractual terms and conditions be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, this shall not affect the validity of the rest of these agreements. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come as close as possible to the economic objective which the contracting parties pursued with the invalid or unenforceable provision.

The tenancy agreement and these contractual terms and conditions are governed by the laws of the Federal Republic of Germany.

Special note when booking the historic Hofgut Bärenschlössle:

The event barn on the historic farmstead is the venue for upmarket gastronomic celebrations. The courtyard serves as a reception area for the guests. Dinners are held and the social programme is organised in the Bärensaal on the upper floor. The party after the feast is held in the lounge on the ground floor. On the ground floor we have increased soundproofing to prevent disturbance to the neighbours. The outdoor area will be converted during the dinner to free up the courtyard space. The outdoor area for guests will then be directly in front of the silo hall. As holiday guests directly opposite the barn, you will be somewhat affected by this for a short time. However, the massive walls of the Bärenschlössle will protect you from too much noise disturbance.

Pets are allowed, but they are only allowed on the ground floor and not on the 1st floor.

Besonderer Hinweis bei Buchung des Holzhauses Oberbrändi, vom Ferienhaus Reinerzau Kleine Kinzig, Landhaus Seewald, Ferienhaus Simonswald, Schindelhäusle Schillerstraße und im Ferienhaus und dem Gruppenhaus LUG INS TAL:

Die Veranstaltung eines Junggesellenabschieds - JGA - und von „Partys“ ist verboten im Holzhaus Oberbrändi, im Ferienhaus Reinerzau Kleine Kinzig, Landhaus Seewald, Ferienhaus Simonswald, Schindelhäusle Schillerstraße und im Ferienhaus und dem Gruppenhaus LUG INS TAL.

Besonderer Hinweis bei Buchung Blockhauses Schwarzwald und der JGA Event Location:

Bitte beachten Sie ein JGA ist möglich. Aber es sind die Ruhezeiten absolut einzuhalten. Es ist also ein gemütliches Beisammensein möglich, aber keine wilden ausschweifenden Parties. Wir erwarten ordentliches Verhalten so das sich naturverbundene Gruppen welche die Ruhezeiten einhalten sich sehr wohl fühlen werden und herzlich willkommen sind. Die Hausordnung finden Sie hier.

Agreement on use and limitation of liability for internet use:

By booking the holiday home, the tenant accepts these internet usage conditions. The tenant and his relatives or guests are permitted to use the internet access to a reasonable extent for the duration of the rental period under the following conditions.

The access data provided on request (network name, W-LAN key, etc.) are only intended for the personal use of the tenant and must be kept secret by the tenant. The tenant is not entitled to allow third parties to use the internet without the consent of the connection owner. The access data will be changed by the landlord after the end of the rental period.

2. data protection provisions

The landlord is entitled to collect the personal data (name, address, phone no., date of birth, date, time, internet pages accessed, IP addresses, etc.) required to ensure proper internet use in accordance with the applicable data protection regulations. These are stored by the landlord to secure his rights in the event of unauthorised use of the internet. The personal data will be deleted after 5 years if the tenant has no longer used the landlord's internet connection within this period.

3. performance and availability

The provision of Internet access by the Lessor is offered within the framework of the existing technical and operational possibilities. Disruptions, for example due to force majeure, maintenance measures or similar cannot be ruled out. There is no claim to the actual availability, suitability or reliability of the internet access for any purpose.

4. unlawful use

The tenant is prohibited from using services via the internet connection that are subject to a charge and which give rise to claims against the landlord.

In particular, the lessee is advised that any use that violates provisions of data protection law, personal rights, copyright, trademark law or criminal law is inadmissible.

This concerns in particular:

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

- the dissemination and making publicly available of harmful and/or illegal content, including the sending of unsolicited mass e-mails (so-called "spamming") and viruses,

- transmitting or posting insulting, defamatory, anti-constitutional, racist, sexist, harassing or otherwise unauthorised content,

- visiting websites with content relevant to criminal law, e.g. websites with inciting or child pornographic content, websites that instigate criminal offences or glorify or trivialise violence as well as websites that are likely to seriously endanger children or young people morally,

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

If the tenant recognises or must recognise that such a violation of the law has occurred or is imminent, he has the duty to inform the landlord of this without delay.

5. limitation of liability and indemnity against liability

The Tenant shall be solely and exclusively responsible for its own or third-party content made available on the Internet in relation to the Landlord.

The landlord assumes no responsibility for any damage to the tenant's computer caused by the use of the internet. This does not apply to damage caused by intentional or grossly negligent actions on the part of the lessor. In particular, no liability is accepted for the content of websites accessed or files downloaded. Furthermore, no liability whatsoever is assumed for virus infestation through use of the internet access.

The tenant undertakes to bear the costs of any damage caused by unauthorised use.

The tenant agrees to indemnify the landlord against any damage caused by unauthorised internet use.

6. violation of the terms of use

In the event of a breach 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 pages or services via the WLAN at any time (e.g. pages glorifying violence, pornographic pages or pages for which a fee is charged).

7. final provisions

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

Verbal collateral agreements do not exist. Amendments or supplements to this agreement, including this provision, must be made in writing to be effective.

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