General terms and conditions Haus Hubertus Boltenhagen

1) Scope
1.1 These General Terms and Conditions (hereinafter “GTC”) of Hubertus (hereinafter “Provider”) apply to contracts that a consumer or entrepreneur (hereinafter “Guest”) concludes with the provider regarding the rental of holiday apartments. The inclusion of the guest's own conditions is hereby contradicted, unless otherwise agreed in writing.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to either their commercial or independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.3 In addition to the rental agreement, these general terms and conditions and the house rules are part of the rental agreement. Upon conclusion of the rental agreement, the guest accepts them.

2) Conclusion of contract and payment conditions
2.1 The online presentation of the holiday apartments does not represent a binding offer to conclude a rental agreement on the part of the provider, but rather serves to make a binding offer by the guest.
2.2. The guest can submit the offer using the reservation form integrated on the provider's website. After the guest has gone through the electronic reservation process, he or she submits a legally binding contractual offer in relation to the selected holiday apartment by clicking on the reservation button.
2.3 The provider can accept the guest's offer within five days,
– by sending the guest a reservation confirmation in text form (fax or email), whereby the receipt of the reservation confirmation by the guest is decisive. If the provider does not accept the guest's offer within the aforementioned period, this is considered a rejection of the offer with the result that the guest is no longer bound to his declaration of intent.
2.4. PayPal Plus
As part of the PayPal Plus payment service, the provider offers the payment methods credit card and direct debit. After submitting the reservation, the guest will be redirected to the PayPal website. There the guest can enter their payment details and confirm the payment instruction to PayPal. This creates a contract with the provider.
2.5 The contractual partners are the provider and the guest, as well as the people accompanying them. If a third party has ordered for the guest, he or she is liable to the provider together with the guest as joint and several debtors for all obligations arising from the contract. An unauthorized foreign guest will be charged twice the basic overnight rate.

3) Cancellation
3.1 Without triggering payment claims from the provider, the guest is entitled to cancel up to 90 days before arrival, otherwise in accordance with the following conditions:

Cancellation by no later than
89-60 days
59-30 days
Later than 29 days
Amount of the overnight price to be paid
30 percent
50 percent
100 percent

3.2 If the rental agreement is terminated prematurely or if the guest does not arrive, the guest is not entitled to compensation for the unused rental days. The provider is obliged in good faith to allocate the unused apartment to someone else if possible in order to avoid defaults. There is then no longer any right to move into the property. Until the apartment is allocated elsewhere, the guest must pay the calculated amount for the duration of the contract.
3.3 It is recommended to take out travel cancellation insurance to protect against any costs that may arise

4) Arrival and departure, key handover; Delayed eviction
4.1 The arrival day is considered a rental day and is calculated as such. An overnight price is agreed. On the day of arrival, the holiday apartment ordered is available to the guest from 3 p.m. The guest has no right to earlier provision. Arrival must take place by 6 p.m., unless a later arrival time is expressly agreed with the provider in advance. The tourist tax must be paid in cash upon arrival on site. Upon departure, the apartment will be inspected by a Hubertus employee.
4.2 On the day of departure, the guest must leave the holiday apartment by 11 a.m. If the holiday apartment is vacated late, the provider is entitled to an additional payment from the guest. This amounts to a) €50.00 (net) for evacuation after 11 a.m. but before 1 p.m.; b) 100 % of the agreed accommodation price/night if vacated after 1 p.m. In addition, the provider is entitled to compensation for any further damage incurred due to delayed eviction. The guest is free to prove to the provider that no damage or significantly less damage was incurred.

5) Rights and obligations
5.1 The holiday apartment will be handed over by the provider in a tidy and clean condition with a complete inventory. If defects exist or occur during the rental period, the provider must be informed immediately (but no later than after 2 days). After this period has expired, any resulting claims against the provider can no longer be asserted. Defects are usually eliminated immediately.
5.2 The guest is liable for any damage caused by him to the holiday apartment, the inventory and the communal facilities, e.g. broken dishes, damage to the floor or furniture. This also includes the costs for lost keys (locking system).
5.3 The guest is obliged to comply with the house rules. The night quiet applies from 10 p.m. to 7 a.m. During this time, special consideration for roommates and neighbors is required. TV and audio devices should be set to room volume.
5.4 Accommodation of pets of any kind is only permitted in the holiday apartment with the prior written consent of the provider. The provider may charge a reasonable additional charge for the accommodation of animals. If animals (except dogs) are accommodated without the provider's prior consent, the provider may charge a cleaning fee of up to €200.00 (net).
5.5 There is a general ban on smoking in the holiday apartment. In the event of violations, the provider can charge a cleaning fee of up to €200.00 (net). Smoking is only permitted on balconies and terraces.
5.6 The provider has the right of access to the holiday apartment at any time, especially in the event of imminent danger. Appropriate consideration must be given to the guest's interests worthy of protection when exercising the right of access. The provider will inform the guest in advance about exercising the right of access, unless this is unreasonable or impossible under the circumstances of the individual case.

6) Cancellation by the provider
In the event of cancellation by the provider due to force majeure or other unforeseeable and uncontrollable circumstances that make fulfillment impossible, liability is limited to reimbursement of costs. In the event of a justified withdrawal, the guest has no claim to compensation - liability for travel and hotel costs is not accepted.

7) Liability and statute of limitations
7.1 The provider is liable for the care of a prudent businessman. However, in areas that are not typical of services, this liability is limited to deficiencies in performance, damages, consequential damages or disruptions that are due to intent or gross negligence. If disruptions or defects occur in the provider's services, the provider will endeavor to remedy the situation upon knowledge or immediate complaint from the guest.
7.2 The provider is not liable for items brought in by the guest; they are not considered items brought in within the meaning of Sections 701 et seq. of the German Civil Code (BGB). Liability of the provider according to these regulations is therefore expressly excluded. This also expressly applies to valuables that the guest keeps and/or leaves behind in the holiday apartment.
7.3 The guest is liable for all damage that he, his fellow travelers or his visitors have culpably caused in the house of the holiday apartment, in the holiday apartment and/or to the inventory of the holiday apartment. Private liability insurance is recommended for the guest. The guest is obliged to report any damage to the provider immediately. This applies in particular to damage that can also affect other apartments in the house (e.g. water damage, fire damage).
7.4 The guest's claims expire in six months, unless the provider is liable due to intent. The provider's claims become statute-barred within the respective statutory period.

8) Obligation to pay a spa tax
In accordance with the 'Statute of the municipality of Ostseebad Boltenhagen on the collection of spa taxes (Spa Tax Act)', there is a spa tax requirement.

Status: 08.2022