The rental agreement for the described accommodation is binding.
The accommodation is rented to the tenant for the specified contract period exclusively for use for holiday purposes and may only be occupied by the maximum number of people specified in the rental contract.
On the day of arrival, the owner makes the rental property available to the tenant in the contractual condition. Arrival and departure times are either specified in the booking confirmation or must be clarified individually.
The tenant can cancellate from the trip at any time before the start of the journey. The declaration of cancellation should be made in written form for reasons of preserving evidence.
If the tenant cancel the rental contract, he must pay a blanket replacement for the already incurred expenses and the lost profit for the owner in the following amount:
• until the 30th day before the start of the journey: 20 %
• after that: 100 %
The tenant reserves the right to prove that the owner has suffered no damage or significantly less damage.
In the case of cancellation, the tenant can name a substitute tenant who is willing to take his place in the existing contractual relationship. The owner may object to this if the substitute tenant appears to be economically or personally unreliable.
If a substitute tenant enters into the rental agreement, he and the previous tenant shall be liable to the owner as joint and several debtors for the rental price and the additional costs incurred by the entry of the substitute tenant.
The owner has the right in good faith to rent an unused accommodation to another one. He must have the resulting savings credited against the cancellation fees he claims.
For your own safety, we recommend you to take a travel cancellation insurance.
The owner may terminate the contractual relationship before or after the start of the rental period without notice if the tenant despite prior warning, fails to make the agreed payments (down payment, final payment and deposit) on time or otherwise behaves in a manner contrary to the contract, so that the owner cannot be expected to continue the contractual relationship. In this case, the owner may demand compensation from the tenant for expenses incurred up to the termination and for lost profit.
The rental contract can be cancelled by both parties if the fulfillment of the contract is considerably impeded, endangered or impaired as a result of force majeure which could not be foreseen at the time of the conclusion of the contract. Both contracting parties shall be released from their contractual obligations. However, they must reimburse the other contracting party for services already rendered.
Addition:
The cancellation policy will be changed during the Corona crisis as follows:
If the tenant cannot or does not want to start the booked journey, he can cancel free of charge until 14 days before arrival.
If the cancellation is made after the 14 days prior to arrival, the total rental amount will be due. Travel bans and travel warnings (incl. quarantine regulations) are to be expected – therefore these are not valid as a reason for cancellation within the 14 days before arrival.
The tenant obligate to handle the rental object, including inventory, with care. For culpable damage to furnishings, rented rooms or the building as well as the facilities belonging to the rented rooms or the building, the tenant is liable to pay compensation if and insofar as it was culpably caused by him or his companions or visitors.
The tenant must immediately contact the owner or a designated contact point (property management) of any damage incurred in the rented premises, unless he is obliged to remove the damage by himself.
The tenant shall be liable to pay compensation for any consequential damage caused by the tenant‘s failure to notify the owner in due time.
No waste, ash, harmful liquids or something similar may be disposed in the sewer system. If the drainage pipe becomes blocked due to non-observance, the polluter shall bear the costs of repair.
In the cause of any faults occurring in the equipment and facilities of the rented property, the tenant is obliged to do everything reasonable to help remedy the fault or to minimise any damage that may occur.
The tenant is obliged to contact the owner or the property management immediately of any defects in the rented property. If the tenant fails to make this notification, he shall not be entitled to any claims for non-fulfilment of the contractual services (in particular no claims for a reduction of rent).
The owner is liable for the accuracy of the description of the rented property, and is obligated to duly deliver the contractually agreed services during the entire rental term. The owner‘s liability for damage to property in tort is excluded, unless it is based on an intentional or grossly negligent breach of duty on the part of the owner or his vicarious agent. The owner shall not be liable in cases of force majeure (e.g. fire, flood, etc.).
Animals, in particular dogs, cats and kind of that, may only be kept or temporarily kept with the explicit permission of the owner in the rental agreement. The permission is only valid for the individual case. It may be revoked if any inconvenience occurs. A flat rate of CHF 35.00 per pet will be charged for additional cleaning. The pet must be announced at the time of booking or arrival. Failure to do so will result in a charge of CHF 70.00. The tenant is liable for any damage caused by keeping the pet.
Subsidiary agreements, changes and additions to the contract must be made in written form.
Tenants are requested to show mutual consideration.
In particular, disturbing noises, i.e. loud door banging and such activities that disturb the other tenants through the generated noise and impair the domestic peace, are to be avoided.
The quiet time 10 p.m. to 7 a.m must be observed.
On arrival, a deposit of CHF 200.00 has to be paid in cash to the property manager. If the apartment is handed over without any defects on departure, the deposit will be refunded in full. Defects as well as non-compliance with the house rules will be deducted from the deposit in the corresponding amount.
German law shall apply.
The jurisdiction for all disputes arising from this contractual relationship is D-78479 Insel Reichenau.
For actions of the owner against merchants, legal entities under public or private law or persons who do not have a general of jurisdiction in Germany or 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, the place of residence of the owner is agreed as the exclusive place of jurisdiction.